Loading...
HomeMy WebLinkAboutOCTOBER MEETING AGENDA PACKET NEW HANOVER COUNTY PLANNING BOARD AGENDA Assembly Room, New Hanover County Historic Courthouse 24 North Third Street, Room 301 Wilmington, NC 28401 Members of the Board Donna Girardot, Chair | Paul Boney, Vice-Chair Thomas 'Jordy' Rawl | Ernest Olds | Jeffrey B. Petroff | H. Allen Pope | Colin J. Tarrant Wayne Clark, Director of Planning & Land Use | Ken Vafier, Planning Manager OCTOBER 1, 2020 6:00 PM MEETI NG CALLED TO ORDER (Chair Donna Girardot) PLEDGE OF ALLEGIANCE (Planning Manager Ken Vafier) APPROVAL OF MINUTES REGULAR ITEMS OF BUSINESS The Planning Board may consider substanal changes in these peons as a result of objecons, debate, and discussion at the meeng, including rezoning to other classificaons. 1 Public Hearing Rezoning Request (Z20-18) – Request by Trask Land Company, I nc. on behalf of the property owner, TF Holdings Limited Partnership, to rezone approximately 158.65 acres of land located at the northeast quadrant of the interchange of Interstate 40 and Interstate 140 from I-1, Light Industrial District, and R-15, ResidenCal District, to RMF-L, ResidenCal MulC-Family Low Density District, and R-5, ResidenCal Moderate-High Density District. 2 Public Hearing Rezoning Request (Z20-19) – Request by Trask Land Company, I nc. on behalf of the property owner, TF Holdings Limited Partnership, to rezone approximately 350.01 acres of land located at the southeast quadrant of the interchange of Interstate 40 and Interstate 140 from I-2, Heavy Industrial District, and R-15, ResidenCal District, to R-10, ResidenCal District. 3 Quasi-Judicial Hearing Special Use Permit ModificaCon Request (Z17-08M) – Request by the Lee Kaess, PLLC on behalf of the property owner, McAdams Homes, LLC, to modify the Special Use Permit for the Landing at Lewis Creek Estates to allow 18 addiConal single-family lots within the development. 4 Public Hearing Text Amendment Request (TA20-02)-Request by New Hanover County to amend ArCcles 2, 3, 4, 5, 6, and 8 of the Unified Development Ordinance to update the county's tree retenCon standards, standardize and coordinate open space requirements, modernize setback and residenCal height requirements, refine landscaping and buffering standards, update parking standards, provide for clear and consistent use permissions and standards, and add Erosion and SedimentaCon Control ordinance provisions. Planning Board - October 1, 2020 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 10/1/2020 Regular DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor CONTACT(S): Ken Vafier; Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20-18) – Request by Trask Land Company, Inc. on behalf of the property owner, TF Holdings Limited Partnership, to rezone approximately 158.65 acres of land located at the northeast quadrant of the interchange of Interstate 40 and Interstate 140 from I-1, Light Industrial District, and R-15, ResidenAal District, to RMF-L, ResidenAal MulA-Family Low Density District, and R-5, ResidenAal Moderate-High Density District. BRIEF SUMMARY: The applicant is proposing to rezone approximately 158.65 acres of land located at the northeast quadrant of the interchange of I-40 and I-140 from I-1 and R-15 to RMF-L and R-5. The property is a por3on of approximately 509 acres owned by the applicant on the northeast and southeast quadrants of the interchange. Under the County's performance residen3al standards, the residen3ally zoned area of the site would be permi8ed up to 242 dwelling units at a density of 2.5 du/ac as currently zoned, while the industrially zoned area could poten3ally accommodate up to 296,000 square feet of light industrial space. The proposed RMF-L district could poten3ally allow up to 966 units at 10 du/ac, while the R-5 district could allow allow up to 496 units at 8 du/ac. The 1,462 total poten3al units is an increase of 1,220 units more than the site can currently accommodate by-right. However, with the requested zoning change, the site will no longer be able to be developed with a variety of light industrial, manufacturing, and commercial uses. It is es3mated the site would generate about 277 AM and 315 PM peak hour trips if developed under the parameters of the current zoning districts. Development under the proposed RMF-L and R-5 districts could increase the es3mated number of peak hour trips by approximately 350 trips in the AM peak and 435 trips in the PM peak compared to those poten3ally generated under the exis3ng zoning. Although Traffic Impact Analyses are not required for a straight rezoning, the Technical Review Commi8ee will review all plans for compliance with applicable land use regula3ons, including any recommended roadway improvements from traffic impact analyses to ensure adequate traffic safety and distribu3on. Recommended roadway improvements will be completed as required by a TIA or through the NCDOT Driveway permiBng process. Using a generalized historic student genera3on rate, development within the proposed zoning districts can be es3mated to generate 351 (161 elementary, 73 middle, and 117 high) students, which is approximately 293 more than if developed under exis3ng zoning. County Planning staff has worked with Schools staff to analyze recent trends related to development pa8erns and student genera3on. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residen3al units throughout the en3re county. Using the generalized historic student genera3on rate, staff would es3mate about 3,000 students generated from the new units over the 5-year period. However, this increase is not reflected in the enrollment data. As a result, recent trends indicate new residen3al development may be genera3ng Planning Board - October 1, 2020 ITEM: 1 much less student popula3on than in the past and the student genera3on es3mates may be much greater than actual student growth. The site is adjacent to interstate corridors on its western and southern boundaries, and much of the neighboring property is undeveloped with the excep3on of the northeastern boundary, which is developed with single-family a8ached dwelling units. While the surrounding area was zoned for low density housing in the 1970s, the 2016 Comprehensive Plan recommends a mixture of higher density housing and commercial uses along the Sidbury Road corridor. The 2016 Comprehensive Plan classifies the site as Community Mixed Use. The proposed RMF-L and R-5 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the densi3es and uses allowed in these districts are more in line with the densi3es and uses recommended for Community Mixed Use areas than the exis3ng zoning. These districts would allow for the development pa8ern and diverse housing op3ons recommended for this area and would provide an orderly transi3on from a major road corridor to areas zoned for lower density housing. STRATEGIC PLAN ALIGNMENT: Intelligent Growth & Economic DevelopmentEncourage development of complete communi3es in the unincorporated countyEnsure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following mo3on: I move to recommend APPROVAL of the proposed rezoning to a RMF-L and R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densi3es and uses recommended for Community Mixed Use areas than the exis3ng zoning and would allow for the diverse housing op3ons recommended for this area. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because it would allow for the desired development pa8ern in this area and provide an efficient use of land between the interstate highway and CFCC Growth Node to the west, and the exis3ng residen3al districts and future Community Mixed Use development along Sidbury Road to the east. Example MoAon for Denial I move to recommend DEN IAL of the proposed rezoning to a RMF-L and R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densi3es and uses recommended for Community Mixed Use areas than the exis3ng zoning and would allow for the diverse housing op3ons recommended for this area, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - October 1, 2020 ITEM: 1 SCRIPT for Zoning Map Amendment Application (Z20-18) Request by Trask Land Company, Inc., on behalf of the property owner, TF Holdings Limited Partnership, to rezone approximately 158.65 acres of land located at the northeast quadrant of the interchange of I-40 and I-140, from I-1, Light Industrial District, and R-15, Residential District to RMF- L, Residential Multi-Family Low Density District, and R-5, Conditional Community Business District. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to recommend APPROVAL of the proposed rezoning to a RMF-L and R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because it would allow for the desired development pattern in this area and provide an efficient use of land between the interstate highway and CFCC Growth Node to the west, and the existing residential districts and future Community Mixed Use development along Sidbury Road to the east. Planning Board - October 1, 2020 ITEM: 1 - 1 - 1 Example Motion of Denial I move to recommend DENIAL of the proposed rezoning to a RMF-L and R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Alternative Motion for Approval/Denial: I move to recommend [Approval/Denial] the proposed rezoning to an RMF-L and R-5 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find recommending [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - October 1, 2020 ITEM: 1 - 1 - 2 Z20-18 Staff Report 10.1.2020 Page 1 of 18 STAFF REPORT FOR Z20-18 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20-18 Request: Rezoning to RMF-L and R-5 districts Applicant: Property Owner(s): Trask Land Company, Inc. TF Holdings Limited Partnership Location: Acreage: NE quadrant of interchange of I-40 and I- 140 158.65 PID(s): Comp Plan Place Type: Portion of R02700-001-002-000 north of I- 140 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped The property would be allowed to be developed in accordance with the RMF-L and R-5 districts Current Zoning: Proposed Zoning: I-1, Light Industrial and R-15, Residential RMF-L, Residential Multi-Family Low Density and R-5, Residential Moderate-High Density SURROUNDING AREA LAND USE ZONING North Undeveloped, Institutional (SEA-Tech) R-15 East Single-Family Residential, Undeveloped R-15 South I-140 Right-of-Way N/A West Undeveloped, I-40 Right-of-Way R-15, N/A Planning Board - October 1, 2020 ITEM: 1 - 2 - 1 Z20-18 Staff Report 10.1.2020 Page 2 of 18 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Areas 8A, 8B) August 2, 1999 85.15 acres zoned I-1via Z-674. Acreage subsequently decreased slightly by I-140 right-of-way acquisition. COMMUNITY SERVICES Water/Sewer Not currently available through CFPUA, however it is anticipated to be served by CFPUA via extension of services along Sidbury Road at time of development. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Castle Hayne Schools Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools For more information, see the Schools section of this report. Recreation Northern Regional Park, Blue Clay Bike Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation No known conservation resources Historic No known historic resources Archaeological No known archaeological resources Planning Board - October 1, 2020 ITEM: 1 - 2 - 2 Z20-18 Staff Report 10.1.2020 Page 3 of 18 APPLICANT’S PROPOSAL  This application proposes to rezone 158.65 acres from I-1 (approximately 62.01 acres) and R-15 (approximately 96.64 acres) to RMF-L and R-5.  The western 62.01 acres would be rezoned from I-1 to R-5, and the eastern 96.64 acres would be rezoned from R-15 to RMF-L. Proposed Zoning Districts with Respective Acreage  The I-1 zoning was approved by the Board of Commissioners in 1999 as part of a larger rezoning that included land south of the current location of I-140. The property was split once right-of-way was acquired by NCDOT, and the portion south of the alignment was zoned I-2.  According to the applicant, the proposed zoning will allow for the provision of a range of housing types for future development in a land use pattern that is more consistent with the 2016 Comprehensive Land Use Plan. ZONING CONSIDERATIONS  Under the County’s performance residential standards, the current residentially zoned portion of the property (R-15/96.64 acres) could allow up to 242 dwelling units at a maximum density of 2.5 du/ac.  The current R-15 area of the subject property is proposed to be rezoned to RMF-L. This could yield a potential maximum of 966 dwelling units at a density of 10 dwelling units per acre. Planning Board - October 1, 2020 ITEM: 1 - 2 - 3 Z20-18 Staff Report 10.1.2020 Page 4 of 18  The portion of the property zoned I-1 (approximately 62.01 acres) is generally estimated to support approximately 296,000 square feet of traditional light industrial uses (assembly, fabrication, packaging, and transport) based on a typical 10% building area for this type of zoning. For comparison, the acreage of the I-1 area is similar to the area of Dutch Square from N Green Meadows Drive to Judges Road.  The acreage currently zoned I-1 is proposed to be rezoned to R-5. If developed at the maximum density of 8 units per acre, this could yield a potential maximum of 496 dwelling units.  Based on the allowable densities of the proposed districts, a maximum of 1,462 potential dwelling units may be accommodated on the 158.65-acre site.  Although there are a limited number of civic, institutional, educational, and recreational uses permitted by-right in the RMF-L and R-5 districts, the typical development pattern in these districts do not include such uses. Any proposed non-residential use would be subject to the applicable site design and approval provisions within the UDO. Residential Industrial/Commercial Typical Development under Current Zoning: R-15:242 Dwelling Units I-1: 296,000 sf Typical Development under Proposed Zoning: RMF-L: 966 Dwelling Units R-5: 496 Dwelling Units Total: 1,462 Dwelling Units None Net Change: + 1,220 Dwelling Units - 296,000 sf Planning Board - October 1, 2020 ITEM: 1 - 2 - 4 Z20-18 Staff Report 10.1.2020 Page 5 of 18 TRANSPORTATION  The site is accessed by Sidbury Road, an NCDOT maintained collector road.  Traffic Impact Analyses are not required for a straight rezoning, as a specific development proposal is required to thoroughly analyze access, potential trip generation, and roadway improvements.  Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvements from traffic impact analyses to ensure adequate traffic safety and distribution. Recommended roadway improvements will be completed as required by a TIA or through the NCDOT Driveway permitting process. AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - October 1, 2020 ITEM: 1 - 2 - 5 Z20-18 Staff Report 10.1.2020 Page 6 of 18  The portion of the site currently zoned R-15 would be permitted a maximum of 242 dwelling units under the performance zoning standards, which is estimated to generate about 177 AM and 237 PM peak hours. The trips generated from existing I-1 portion of the property would vary based on the proposed uses within this district. If this portion of the site was developed with a typical approximate 10% building footprint, approximately 296,000 sf of light industrial uses or comparable development could be built and is estimated to generate about 100 AM and 78 PM peak hours. The total number of potential trips generated under the current zoning districts is approximately 277 AM and 315 PM peak hour trips.  Under the proposed zoning districts, 1,462 dwelling units could potentially be constructed on the site, which is estimated to generate about 627 trips in the AM and 750 trips in the PM peak hours, likely over a longer-term phased development.  If developed at the maximum density for the RMF-L and R-5 districts, the proposal could generate approximately 350 AM peak hour trips and 435 PM peak hour trips more than if developed as currently zoned. Planning Board - October 1, 2020 ITEM: 1 - 2 - 6 Z20-18 Staff Report 10.1.2020 Page 7 of 18 Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: R-15: 242 single-family homes I-1: 296,000 sf General Light Industrial (ITE-110) TOTAL: 177 AM / 237 PM 100 AM / 78 PM 277 AM / 315 PM Potential Trip Generation under Proposed Zoning: RMF-L: 966 units 70% Apts – 676 15% Townhomes – 145 15% SFD – 145 R-5: 496 performance units Townhomes TOTAL: 233 AM / 277 PM 68 AM / 82 PM 108 AM / 145 PM 218 AM / 246 PM 627 AM / 750 PM Potential Net Change under Proposed Zoning: – + 350 AM / + 435 PM  Sidbury Crossing, a proposed development consisting of 288 multi-family units located to the north of the subject property off Dairy Farm Road, was recently considered and recommended for approval by the Planning Board. That request is scheduled to be considered by the Board of Commissioners at the October 5, 2020 meeting.  A recent Traffic Impact Analysis (TIA) completed for Sidbury Crossing (that does not include this subject proposal) can help provide general information on the Levels of Service (LOS) of nearby intersections in the area. The TIA studied the intersections of Dairy Farm Road at Sidbury Road, Blue Clay Road at Sidbury Road, and N College Road at Blue Clay Road.  The Sidbury Crossing TIA found that the intersections of Dairy Farm Road at Sidbury Road and Blue Clay Road at Sidbury Road are expected to remain at an acceptable LOS with adequate capacity to accommodate the trip generation from development of the subject rezoning request.  However, according to the TIA, the intersection of N College Road at Blue Clay Road is expected to see a decrease in LOS to below acceptable levels with increased delays, most notably on the eastbound left turn movement from Blue Clay Road to N College Road. Any improvements required to mitigate impacts to this intersection directly related to the subject property would be addressed at the time of an actual development proposal on this site.  In addition to the Sidbury Crossing TIA information, staff has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is Planning Board - October 1, 2020 ITEM: 1 - 2 - 7 Z20-18 Staff Report 10.1.2020 Page 8 of 18 generally considered a more effective measure when determining the Level of Service of a roadway.  The most recent traffic counts in the area indicate capacity currently exists on the Sidbury Road corridor. NCDOT Average Annual Daily Traffic (AADT) - 2018 Nearby Planned Transportation Improvements and Traffic Impact Analyses Road Location Volume Capacity V/C Sidbury Road 5400 Block (east of Dairy Farm Road) 4,200 12,500 0.34 Planning Board - October 1, 2020 ITEM: 1 - 2 - 8 Z20-18 Staff Report 10.1.2020 Page 9 of 18 Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Proposed Development Land Use/Intensity* TIA Status 1. Sidbury Crossing  320 Apartments  Approved August 17, 2020  Full Build 2024 The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of:  Installation of southbound and westbound turn lanes; extension of eastbound turn lane at Dairy Farm Road and Sidbury Road.  Realignment of the intersection of Blue Clay Road and Sidbury Road.  Installation of westbound turn lane, extension of westbound turn lane, and signal modification at N College Road and Blue Clay Road. Nearby Proposed Developments included within the TIA:  Cape Landing  Sidbury Farms Development Status: Conditional rezoning request scheduled to be heard at October 5, 2020 Board of Commissioners meeting. Proposed Development Land Use/Intensity TIA Status 2. Cape Landing 126 single-family  Approved December 21, 2017  2021 Build Out Year The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of:  Extension of the existing eastbound left-turn lane at Blue Clay Road and N. College Road. Nearby Proposed Developments included within the TIA:  None Development Status: Phase 1 is nearing completion with approximately 55 homes being constructed and occupied. Roadway improvement will be required with Phase 2 of development. Planning Board - October 1, 2020 ITEM: 1 - 2 - 9 Z20-18 Staff Report 10.1.2020 Page 10 of 18 Proposed Development Land Use/Intensity TIA Status 3. Sidbury Farms  655 single-family dwellings 103 townhomes  Approved February 12, 2020  Build Out Years: o 2024 – 258 SFDs o 2029 – 421 SFDs, 59 townhomes  2034 – Full Build The TIA required improvements be completed at certain intersections in the area. The notable improvements consisted of:  Installation of right and left turn lanes at the site’s access points on Sidbury Road (Phase 1).  Installation of southbound right turn lane and westbound right turn lane, and extension of the westbound left turn lane and northbound right turn lane at the intersection of N. College and Blue Clay Road (Phase 2).  Installation of a roundabout at Sidbury Road and Blue Clay Road (Phase 2).  Installation of a southbound left turn lane at Dairy Farm Road and Sidbury Road (Full Build) Nearby Proposed Developments included within the TIA:  Scott’s Hill Medical  Blake Farms  Scott’s Hill Village  Cape Landing  Coastal Prep Academy Development Status: Construction plans for Phase 1 are currently under review. SCHOOLS  Students generated from this development would be assigned to Castle Hayne Elementary, Holly Shelter Middle, and Laney High schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools.  A maximum of 242 dwelling units would be permitted under the current R-15 zoning base density, and 1,462 units could potentially be developed under the proposed zoning for an increase of 1,202 dwelling units.  Based on average student generation rates,* there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. Development within the proposed zoning districts can be estimated to generate 351 (161 elementary, 73 middle, and 117 high) students, which is approximately 293 more than if developed under existing zoning. Planning Board - October 1, 2020 ITEM: 1 - 2 - 10 Z20-18 Staff Report 10.1.2020 Page 11 of 18  County Planning staff has worked with Schools staff to analyze recent trends related to development patterns and student generation. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residential units throughout the entire county. Using the generalized historic student generation rate, staff would estimate about 3,000 students generated from the new units over the 5-year period. However, this increase is not reflected in the enrollment data. As a result, recent trends indicate new residential development may be generating much less student population than in the past and the estimates below may be much greater than actual student growth. Development Type Intensity Estimated Student Generation Existing Development Undeveloped Total: 0 (0 elementary, 0 middle, 0 high Typical Development under Current Zoning 242 residential units Total: 58 (27 elementary, 12 middle, 19 high) Potential Development under Proposed Zoning Districts 1,462 residential units Total: 351 (161 elementary, 73 middle, 117 high) *Average student generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. While different housing types and different locations typically yield different numbers of students, these average generation rates can provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which includes students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTECH. School Enrollment* and Capacity**—2021-2022 Estimates *Enrollment is based on projected New Hanover County Schools enrollment for the 2020-2021 school year. **Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children’s classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn’t specifically designed with those spaces. Level Total NHC % Capacity School Enrollment of Assigned School Capacity of Assigned School w/ Portables % of Capacity of Assigned School Funded Capacity Upgrades Elementary 97% Castle Hayne 483 529 91% None Middle 107% Holly Shelter 917 934 98% None High 105% Laney 2,063 1,903 108% None Planning Board - October 1, 2020 ITEM: 1 - 2 - 11 Z20-18 Staff Report 10.1.2020 Page 12 of 18 ENVIRONMENTAL  A portion of the subject property just northeast of the I-40/I-140 interchange, within the area proposed to be rezoned to R-5, contains Special Flood Hazard Areas. Any proposed development within this area must comply with applicable floodplain management regulations. The property does not contain any Natural Heritage Areas.  The property is within the Prince George Creek watershed.  Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation) and Class III (severe limitation) soils. However, the site is expected to be served by CFPUA as utilities become available. CONTEXT AND COMPATIBILITY  The subject property is located adjacent to the northeast quadrant of the interchange of I- 40 and I-140, which separates the western and southern boundaries of the site from adjacent land-uses.  The northern portion of the site is adjacent to Sidbury Road and has direct access to the NCDOT maintained collector road. The site is adjacent to undeveloped property on other boundaries with the exception of the far northeastern corner, which is adjacent to attached single-family dwelling units.  The proposed districts provide a transition from the high-intensity adjacent interstates to undeveloped land and existing single-family neighborhoods in the vicinity of the subject property.  The proposed zoning districts eliminate the potential for industrial uses.  While the majority of this area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a mixture higher density housing and commercial uses along the Sidbury Road corridor. Planning Board - October 1, 2020 ITEM: 1 - 2 - 12 Z20-18 Staff Report 10.1.2020 Page 13 of 18 Representative Developments of RMF-L: Woodlands at Echo Farms Villages at Plantation Landing Stephens Point Planning Board - October 1, 2020 ITEM: 1 - 2 - 13 Z20-18 Staff Report 10.1.2020 Page 14 of 18 Representative Developments of R-5: Marsh Oaks Plantation Village Lions Gate Planning Board - October 1, 2020 ITEM: 1 - 2 - 14 Z20-18 Staff Report 10.1.2020 Page 15 of 18 Representative Developments of R-15: Grayson Park Clay Crossing Plantation Landing Planning Board - October 1, 2020 ITEM: 1 - 2 - 15 Z20-18 Staff Report 10.1.2020 Page 16 of 18 Representative Industrial Developments: Northchase Industrial Park Dutch Square Portion of Dutch Square Planning Board - October 1, 2020 ITEM: 1 - 2 - 16 Z20-18 Staff Report 10.1.2020 Page 17 of 18 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Analysis Community Mixed Use is a common place type designation along major roadways as its higher densities and mix of uses provides for an orderly transition of densities and intensities to areas farther from the roadway corridor and existing low-density development. Typical zoning associated with this place type includes moderate density residential, commercial, office and institutional, and mixed-use. The proposed RMF-L and R-5 zoning districts were designed to allow the residential densities outlined for Community Mixed Use places, which provides for residential densities of up to 15 units/acre. R-5 allows for up to 8 dwelling units/acre, and RMF-L allows up to 10 units/acre. The existing R-15 only allows for by-right residential density of 2.5 units/acre, which is less consistent with the Community Mixed Use designation. In addition, the current I-1 zoning designation would allow for the commercial uses recommended for Community Mixed Use areas but is more commonly associated with Employment Centers and Commerce Zones because of the range of industrial uses possible. The densities and range of housing types permitted by the proposed rezoning would allow for the desired development pattern in this area and provide an efficient use of land between the interstate highway and CFCC Planning Board - October 1, 2020 ITEM: 1 - 2 - 17 Z20-18 Staff Report 10.1.2020 Page 18 of 18 Growth Node to the west, and the existing residential districts and future Community Mixed Use development along Sidbury Road to the east. Consistency Recommendation The proposed RMF-L and R-5 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the densities and uses allowed in these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. These districts would allow for the development pattern and diverse housing options recommended for this area and would provide an orderly transition from a major road corridor to areas zoned for lower density housing. STAFF RECOMMENDATION The proposed RMF-L and R-5 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the densities and range of housing types permitted by the proposed rezoning would allow for the desired development pattern in this area and would provide for diverse housing options and an orderly transition from a major road corridor to areas zoned for lower density housing. Therefore, staff recommends approval of this application and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning to a RMF-L and R-5 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because it would allow for the desired development pattern in this area and provide an efficient use of land between the interstate highway and CFCC Growth Node to the west, and the existing residential districts and future Community Mixed Use development along Sidbury Road to the east. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to a RMF-L and R-5 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because these districts are more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning and would allow for the diverse housing options recommended for this area, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Planning Board - October 1, 2020 ITEM: 1 - 2 - 18 Planning Board - October 1, 2020 ITEM: 1 - 3 - 1 Planning Board - October 1, 2020 ITEM: 1 - 4 - 1 Planning Board - October 1, 2020 ITEM: 1 - 5 - 1 APPLICANT MATERIALS Planning Board - October 1, 2020 ITEM: 1 - 6 - 1 Planning Board - October 1, 2020 ITEM: 1 - 6 - 2 Planning Board - October 1, 2020 ITEM: 1 - 7 - 1 Planning Board - October 1, 2020 ITEM: 1 - 7 - 2 Planning Board - October 1, 2020 ITEM: 1 - 7 - 3 Planning Board - October 1, 2020 ITEM: 1 - 7 - 4 Planning Board - October 1, 2020 ITEM: 1 - 7 - 5 Planning Board - October 1, 2020 ITEM: 1 - 7 - 6 Planning Board - October 1, 2020 ITEM: 1 - 7 - 7 Planning Board - October 1, 2020 ITEM: 1 - 7 - 8 Planning Board - October 1, 2020 ITEM: 1 - 7 - 9 Planning Board - October 1, 2020 ITEM: 1 - 7 - 10 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 10/1/2020 Regular DEPARTMENT: Planning PRESENTER(S): Ken Vafier, Planning Supervisor CONTACT(S): Ken Vafier; Wayne Clark, Planning & Land Use Director SUBJECT: Public Hearing Rezoning Request (Z20-19) – Request by Trask Land Company, Inc. on behalf of the property owner, TF Holdings Limited Partnership, to rezone approximately 350.01 acres of land located at the southeast quadrant of the interchange of Interstate 40 and Interstate 140 from I-2, Heavy Industrial District, and R-15, ResidenBal District, to R-10, ResidenBal District. BRIEF SUMMARY: The applicant is proposing to rezone approximately 350.01 acres of land located at the southeast quadrant of the interchange of I-40 and I-140 from I-2 and R-15 to R-10. The property is a por1on of approximately 509 acres owned by the applicant on the northeast and southeast quadrants of the interchange. Under the County's performance residen1al standards, the residen1ally zoned area of the site would be permi6ed up to 625 dwelling units at a density of 2.5 du/ac as currently zoned, while the industrially zoned area could poten1ally accommodate up to 435,000 square feet of heavy industrial space. The proposed R-10 district could poten1ally allow up to 1,155 units at 3.3 du/ac. The 1,155 total poten1al units is an increase of 530 units more than the site can currently accommodate by-right. However, with the requested zoning change, the site will no longer be able to be developed with a variety of heavy industrial, manufacturing, and commercial uses. It is es1mated the site would generate about 749 AM and 889 PM peak hour trips if developed under the parameters of the current zoning districts. Development under the proposed R-10 development could increase the es1mated number of peak hour trips by approximately 76 in the AM peak and 175 trips in the PM peak compared to those poten1ally generated under the exis1ng zoning. Although Traffic Impact Analyses are not required for a straight rezoning, the Technical Review Commi6ee will review all plans for compliance with applicable land use regula1ons, including any recommended roadway improvements from traffic impact analyses to ensure adequate traffic safety and distribu1on. Recommended roadway improvements will be completed as required by a TIA or through the NCDOT Driveway permiAng process. Using a generalized historic student genera1on rate, development within the proposed zoning district can be es1mated to generate 277 (127 elementary, 58 middle, and 92 high) students, which is approximately 127 more than if developed under exis1ng zoning. County Planning staff has worked with Schools staff to analyze recent trends related to development pa6erns and student genera1on. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residen1al units throughout the en1re county. Using the generalized historic student genera1on rate, staff would es1mate about 3,000 students generated from the new units over the 5-year period. However, this increase is not reflected in the enrollment data. As a result, recent trends indicate new residen1al development may be genera1ng much less student Planning Board - October 1, 2020 ITEM: 2 popula1on than in the past and the student genera1on es1mates may be much greater than actual student growth. The site is adjacent to interstate corridors on its western and northern boundaries and the remaining adjacent proper1es are undeveloped. Further south along Murrayville Road, proper1es are developed with single-family detached dwelling units in the R-15 district. While the surrounding area was zoned for low density housing in the 1970s, the 2016 Comprehensive Plan recommends a mixture of higher density housing and commercial uses in the area generally north of Murrayville Road. The 2016 Comprehensive Plan classifies the site as Community Mixed Use. The proposal is generally CONSISTENT with the Comprehensive Plan because the district is more in line with the densi1es and uses recommended for Community Mixed Use areas than the exis1ng zoning. Addi1onally, the densi1es and range of housing types allowed in the proposed zoning district would support exis1ng and future community-level nodes. STRATEGIC PLAN ALIGNMENT: Intelligent Growth & Economic DevelopmentEncourage development of complete communi1es in the unincorporated countyEnsure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends approval and suggests the following mo1on: I move to recommend APPROVAL of the proposed rezoning to an R-10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densi1es and uses recommended for Community Mixed Use areas than the exis1ng zoning. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the densi1es and range of housing types allowed in the proposed zoning district would support exis1ng and future community-level nodes, and while the current I-2 zoning designa1on would allow for the commercial uses recommended for Community Mixed Use areas it is more commonly associated with Commerce Zones because of the range of industrial uses possible. Example MoBon for Denial I move to recommend DENIAL of the proposed rezoning to an R-10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densi1es and uses recommended for Community Mixed Use areas than the exis1ng zoning, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - October 1, 2020 ITEM: 2 SCRIPT for Zoning Map Amendment Application (Z20-19) Request by Trask Land Company, Inc., on behalf of the property owner, TF Holdings Limited Partnership, to rezone approximately 350.01 acres of land located near the southeast quadrant of the interchange of I-40 and I-140, from I-2, Heavy Industrial District, and R-15, Residential District to R- 10, Residential District. 1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 2. Conduct Hearing, as follows: a. Staff presentation b. Applicant’s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s rebuttal (up to 5 minutes) e. Opponent’s rebuttal (up to 5 minutes) 3. Close the public hearing 4. Board discussion 5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval I move to recommend APPROVAL of the proposed rezoning to an R-10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the densities and range of housing types allowed in the proposed zoning district would support existing and future community-level nodes, and while the current I-2 zoning designation would allow for the commercial uses recommended for Community Mixed Use areas it is more commonly associated with Commerce Zones because of the range of industrial uses possible. Planning Board - October 1, 2020 ITEM: 2 - 1 - 1 Example Motion of Denial I move to recommend DENIAL of the proposed rezoning to an R-10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Alternative Motion for Approval/Denial: I move to recommend [Approval/Denial] the proposed rezoning to an R-10 district. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ I also find recommending [Approval/Denial] of the rezoning request is reasonable and in the public interest because [insert reasons] __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Planning Board - October 1, 2020 ITEM: 2 - 1 - 2 Z20-19 Staff Report 10.1.2020 Page 1 of 15 STAFF REPORT FOR Z20-19 ZONING MAP AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: Z20-19 Request: Rezoning to R-10 district Applicant: Property Owner(s): Trask Land Company, Inc. TF Holdings Limited Partnership Location: Acreage: SE quadrant of interchange of I-40 and I- 140 350.01 PID(s): Comp Plan Place Type: Portion of R02700-001-002-000 south of I- 140 R02700-001-054-000 R02700-001-055-000 R02700-001-056-000 Community Mixed Use Existing Land Use: Proposed Land Use: Undeveloped The property would be allowed to be developed in accordance with the R-10 district Current Zoning: Proposed Zoning: I-2, Heavy Industrial and R-15, Residential R-10, Residential Planning Board - October 1, 2020 ITEM: 2 - 2 - 1 Z20-19 Staff Report 10.1.2020 Page 2 of 15 SURROUNDING AREA LAND USE ZONING North I-140 Right-of-Way N/A East Undeveloped R-15 South Undeveloped R-15 West I-40 Right-of-Way N/A ZONING HISTORY July 7, 1972 Initially zoned R-15 (Areas 8A, 8B) August 2, 1999 134.71 acres zoned I-2 via Z-674. Acreage subsequently decreased slightly by I-140 right-of-way acquisition. COMMUNITY SERVICES Water/Sewer Not currently available through CFPUA, however it is anticipated to be served by CFPUA via extension of services from Murrayville Road at time of development. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Station Murrayville Schools Murrayville Elementary, Trask Middle, and Laney High schools For more information, see the Schools section of this report. Recreation Olsen Park, Smith Creek Park Planning Board - October 1, 2020 ITEM: 2 - 2 - 2 Z20-19 Staff Report 10.1.2020 Page 3 of 15 CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation Conservation Resource maps indicate that a small area of Pocosin Wetlands may be present on the far southern border of the property. The location of any wetlands will be verified during the TRC review process. Historic No known historic resources Archaeological No known archaeological resources APPLICANT’S PROPOSAL  This application proposes to rezone 350.01 acres from I-2 (approximately 99.83 acres on the western portion of the site) and R-15 (approximately 250.18 acres on the eastern portion of the site) to R-10. Area Proposed for Rezoning with Acreage  The I-2 zoning was approved by the Board of Commissioners in 1999 as part of a larger rezoning that included land north of the current location of I-140. The property was split once right-of-way was acquired by NCDOT, and the portion north of the alignment was zoned I-1.  According to the applicant, the proposed zoning will allow for the provision of housing for future development in a land use pattern that is more consistent with the 2016 Comprehensive Land Use Plan. Planning Board - October 1, 2020 ITEM: 2 - 2 - 3 Z20-19 Staff Report 10.1.2020 Page 4 of 15 ZONING CONSIDERATIONS  Under the County’s performance residential standards, the current residentially zoned portion of the property (R-15/250.18 acres) could allow up to 625 dwelling units at a maximum density of 2.5 (du/ac).  The portion of the property zoned I-2 (approximately 99.83 acres) is generally estimated to support approximately 435,000 square feet of industrial uses (assembly, fabrication, packaging, and transport) based on a typical 10% building area for this type of zoning. For comparison, the acreage of the I-2 area is similar to the area of Northchase Industrial Park along Corporate Drive just west of I-40. Although Northchase Industrial Park is zoned PD, it was initially anticipated that the existing I-2 area would develop with a land use pattern comparable to that of the Northchase Industrial Park at the time it was zoned I-2. Comparable Area of Industrial Property in Northchase  If developed at the maximum R-10 density of 3.3 units per acre, this could yield a potential maximum of 1,155 dwelling units. I-2 Planning Board - October 1, 2020 ITEM: 2 - 2 - 4 Z20-19 Staff Report 10.1.2020 Page 5 of 15  Although there are a limited number of civic, institutional, educational, and recreational uses permitted by-right in the R-10 district, the typical development pattern in these districts do not include such uses. Any proposed non-residential use would be subject to the applicable site design and approval provisions within the UDO. Residential Industrial/Commercial Typical Development under Current Zoning: R-15: 625 Dwelling Units I-2: ~ 435,000 sf Typical Development under Proposed Zoning: R-10: 1,155 Dwelling Units None Net Change: + 530 Dwelling Units - 435,000 sf AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - October 1, 2020 ITEM: 2 - 2 - 5 Z20-19 Staff Report 10.1.2020 Page 6 of 15 TRANSPORTATION  The site is accessed by Murrayville Road, an NCDOT maintained collector road.  Traffic Impact Analyses are not required for a straight rezoning, as a specific development proposal is required to thoroughly analyze access, potential trip generation, and roadway improvements.  Before any development can occur on this site, the Technical Review Committee will review all plans for compliance with applicable land use regulations, including any recommended roadway improvements from traffic impact analyses to ensure adequate traffic safety and distribution. Recommended roadway improvements will be completed as required by a TIA or through the NCDOT Driveway permitting process.  The portion of the site currently zoned R-15 would be permitted a maximum of 625 dwelling units under the performance zoning standards, which is estimated to generate about 449 AM and 590 PM peak hours. The trips generated from the existing I-2 portion of the property would vary based on the proposed uses within this district. If this portion of the site was developed with a typical approximate 10% building footprint, approximately 435,000 sf of heavy industrial uses or comparable development is estimated to generate about 300 AM trips and 299 PM trips in the peak hours. The total number of potential trips generated under the current zoning districts is approximately 749 AM and 889 PM peak hour trips. Planning Board - October 1, 2020 ITEM: 2 - 2 - 6 Z20-19 Staff Report 10.1.2020 Page 7 of 15  Under the proposed zoning district, 1,155 dwelling units could potentially be constructed on the site, which is estimated to generate about 825 trips in the AM and 1,064 trips in the PM peak hours, likely over a longer-term phased development.  If developed at the maximum density for the R-10 district, the proposal could generate approximately 76 AM peak hour trips and 175 PM peak hour trips more than if developed as currently zoned. Intensity Approx. Peak Hour Trips Existing Development: Undeveloped 0 AM / 0 PM Typical Development under Current Zoning: R-15: 625 single-family homes I-2: 435,000 sf Manufacturing (ITE 140) TOTAL: 449 AM / 590 PM 300 AM / 299 PM 749 AM / 889 PM Potential Trip Generation under Proposed Zoning: R-10: 1,155 performance units 825 AM / 1,064 PM Potential Net Change under Proposed Zoning: + 530 units + 76 AM / + 175 PM  As there is not a specific development proposal at this time to analyze traffic impacts for, staff has provided the volume to capacity ratio for roadways in the vicinity of the subject site. While volume to capacity ratio, based on average daily trips, can provide a general idea of the function of adjacent roadways, the delay vehicles take in seconds to pass through intersections is generally considered a more effective measure when determining the Level of Service of a roadway.  The most recent traffic counts in the area indicate capacity currently exists on the Murrayville Road and N College Road corridors. NCDOT Average Annual Daily Traffic (AADT) - 2018 Road Location Volume Capacity V/C Murrayville Road 6100 Block (east of N College Road) 9,900 12,500 0.79 N College Road 2400 Block (north of Murrayville Road) 23,000 49,250 0.47 N College Road 2700 Block (south of Murrayville Road) 23,000 49,250 0.47 Planning Board - October 1, 2020 ITEM: 2 - 2 - 7 Z20-19 Staff Report 10.1.2020 Page 8 of 15 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA.  There have not been any recent TIA’s in the vicinity of the subject site that would impact the nearby transportation network expected to be used by development on this site. Planning Board - October 1, 2020 ITEM: 2 - 2 - 8 Z20-19 Staff Report 10.1.2020 Page 9 of 15 SCHOOLS  Students generated from this development would be assigned to Murrayville Elementary, Trask Middle, and Laney High schools. Students may apply to attend public magnet, year- round elementary, or specialty high schools.  A maximum of 867 dwelling units would be permitted under the current R-15 zoning base density, and 3,562 units could potentially be developed under the proposed zoning for an increase of 2,695 dwelling units.  Based on average student generation rates,* there are an average of 0.24 public school students (0.11 for elementary, 0.05 for middle, and 0.08 for high) generated per dwelling unit across New Hanover County. Development within the proposed zoning district can be estimated to generate 277 (127 elementary, 58 middle, and 92 high) students, which is approximately 127 more than if developed under existing zoning.  County Planning staff has worked with Schools staff to analyze recent trends related to development patterns and student generation. From 2015 to 2019, student enrollment remained at a generally stable rate of just over 27,000 students enrolled despite the issuance of approximately 11,000 permits for new residential units throughout the entire county. Using the generalized historic student generation rate, staff would estimate about 3,000 students generated from the new units over the 5-year period. However, this increase is not reflected in the enrollment data. As a result, recent trends indicate new residential development may be generating much less student population than in the past and the estimates below may be much greater than actual student growth. Development Type Intensity Estimated Student Generation Existing Development Undeveloped Total: 0 (0 elementary, 0 middle, 0 high Typical Development under Current Zoning 625 residential units Total: 150 (69 elementary, 31 middle, 50 high) Potential Development under Proposed Zoning Districts 1,155 residential units Total: 277 (127 elementary, 58 middle, 92 high) *Average student generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. While different housing types and different locations typically yield different numbers of students, these average generation rates can provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which includes students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTECH. School Enrollment* and Capacity**—2021-2022 Estimates Level Total NHC % Capacity School Enrollment of Assigned School Capacity of Assigned School w/ Portables % of Capacity of Assigned School Funded Capacity Upgrades Elementary 97% Murrayville 526 643 82% None Middle 107% Trask 717 662 108% None High 105% Laney 2063 1903 108% None Planning Board - October 1, 2020 ITEM: 2 - 2 - 9 Z20-19 Staff Report 10.1.2020 Page 10 of 15 *Enrollment is based on projected New Hanover County Schools enrollment for the 2020-2021 school year. **Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children’s classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn’t specifically designed with those spaces. ENVIRONMENTAL  The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.  The northern portion of the site is within the Prince George Creek watershed and the southern portion is within the Smith Creek watershed.  Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class II (moderate limitation), III (severe limitation), and a small area of Class IV (unsuitable) soils. However, the site is expected to be served by CFPUA as utilities become available. CONTEXT AND COMPATIBILITY  The subject property is located adjacent to the southeastern quadrant of the interchange of I-40 and I-140, which separates the western and northern boundaries of the site from adjacent land-uses.  The site has access via private roadways to Murrayville Road, which is an NCDOT maintained collector road. The site is adjacent to undeveloped property on the eastern and southern boundaries. Closer to Murrayville Road, the land use pattern transitions to single- family residential developments and Murrayville Elementary School.  The proposed district provides a transition from the high-intensity adjacent interstates to undeveloped land and existing single-family neighborhoods in the vicinity of the subject property.  The proposed zoning district eliminates the potential for heavy industrial uses.  While the majority of this area was zoned for low density housing in the early 1970s, the 2016 Comprehensive Plan recommends a mixture higher density housing and commercial uses generally north of Murrayville Road. Planning Board - October 1, 2020 ITEM: 2 - 2 - 10 Z20-19 Staff Report 10.1.2020 Page 11 of 15 Representative Developments of R-10: Rachel’s Place Planter’s Walk Palm Grove Planning Board - October 1, 2020 ITEM: 2 - 2 - 11 Z20-19 Staff Report 10.1.2020 Page 12 of 15 Representative Developments of R-15: Grayson Park Clay Crossing Plantation Landing Planning Board - October 1, 2020 ITEM: 2 - 2 - 12 Z20-19 Staff Report 10.1.2020 Page 13 of 15 Representative Industrial Developments: N Kerr Industrial Park Dutch Square N Kerr Industrial Park Planning Board - October 1, 2020 ITEM: 2 - 2 - 13 Z20-19 Staff Report 10.1.2020 Page 14 of 15 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use Place Type Description Focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi-family and single-family residential. Analysis The Community Mixed Use place type designation encourages a mix of uses, including single- and multi-family residential, commercial, civic, mixed-use, and recreational uses. Typical zoning associated with this place type includes moderate density residential, commercial, office and institutional, and mixed-use. The Community Mixed Use place type provides opportunities for moderate- density housing (up to 15 units/acre) but lower density residential development is appropriate when limitations to mixed use developments exist, such as the subject property’s lack of direct access to I-40, I-140, or an existing collector street. In general, the proposed R-10 rezoning is more consistent with the residential densities and types of uses allowed under existing R-15 and I-2 zoning. The R-10 base density of 3.3 dwelling units/acre is more consistent with that range than the 2.5 units/acre base density allowed in the R-15 district. In addition, the current I-2 zoning designation would allow for the commercial uses recommended for Community Mixed Use areas but is more commonly associated with Commerce Zones because of the range of industrial uses possible. Planning Board - October 1, 2020 ITEM: 2 - 2 - 14 Z20-19 Staff Report 10.1.2020 Page 15 of 15 Consistency Recommendation The proposed R-10 zoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. Additionally, the densities and range of housing types allowed in the proposed zoning district would support existing and future community- level nodes. STAFF RECOMMENDATION The proposed R-10 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. Additionally, the densities and range of housing types allowed in the proposed zoning district would support existing and future community-level nodes. Therefore, staff recommends approval of this application and suggests the following motion: I move to recommend APPROVAL of the proposed rezoning to an R-10 district. I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning. I also find recommending APPROVAL of the rezoning request is reasonable and in the public interest because the densities and range of housing types allowed in the proposed zoning district would support existing and future community-level nodes, and while the current I-2 zoning designation would allow for the commercial uses recommended for Community Mixed Use areas it is more commonly associated with Commerce Zones because of the range of industrial uses possible. Alternative Motion for Denial I move to recommend DENIAL of the proposed rezoning to an R-10 district. While I find it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the district is more in line with the densities and uses recommended for Community Mixed Use areas than the existing zoning, I find recommending DENIAL of the rezoning request is reasonable and in the public interest because the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent areas. Planning Board - October 1, 2020 ITEM: 2 - 2 - 15 Planning Board - October 1, 2020 ITEM: 2 - 3 - 1 Planning Board - October 1, 2020 ITEM: 2 - 4 - 1 Planning Board - October 1, 2020 ITEM: 2 - 5 - 1 APPLICANT MATERIALS Planning Board - October 1, 2020 ITEM: 2 - 6 - 1 Planning Board - October 1, 2020 ITEM: 2 - 6 - 2 Planning Board - October 1, 2020 ITEM: 2 - 7 - 1 Planning Board - October 1, 2020 ITEM: 2 - 7 - 2 Planning Board - October 1, 2020 ITEM: 2 - 7 - 3 Planning Board - October 1, 2020 ITEM: 2 - 7 - 4 Planning Board - October 1, 2020 ITEM: 2 - 7 - 5 Planning Board - October 1, 2020 ITEM: 2 - 7 - 6 Planning Board - October 1, 2020 ITEM: 2 - 7 - 7 Planning Board - October 1, 2020 ITEM: 2 - 7 - 8 Planning Board - October 1, 2020 ITEM: 2 - 7 - 9 Planning Board - October 1, 2020 ITEM: 2 - 7 - 10 Planning Board - October 1, 2020 ITEM: 2 - 7 - 11 Planning Board - October 1, 2020 ITEM: 2 - 7 - 12 Planning Board - October 1, 2020 ITEM: 2 - 7 - 13 Planning Board - October 1, 2020 ITEM: 2 - 7 - 14 Planning Board - October 1, 2020 ITEM: 2 - 7 - 15 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 10/1/2020 Regular DEPARTMENT: Planning PRESENTER(S): Ron Meredith, Current Planner CONTACT(S): Ron Meredith, Brad Schuler (Senior Planner), Wayne Clark (Planning and Land Use Director) SUBJECT: Quasi-Judicial Hearing Special Use Permit Modifica1on Request (Z17-08M) – Request by the Lee Kaess, PLLC on behalf of the property owner, McAdams Homes, LLC, to modify the Special Use Permit for the Landing at Lewis Creek Estates to allow 18 addi1onal single-family lots within the development. BRIEF SUMMARY: This applica!on proposes to modify the Special Use Permit for The Landing at Lewis Creek Estates development in order to add 18 addi!onal single-family dwellings. The Special Use Permit for the development was issued in 2017 as part of the Condi!onal Use District (CUD) rezoning of the site. The approval allowed for 230 single-family dwellings and 192 mul!-family units, totaling 422 dwelling units at 4.95 du/ac. The issuance of the Special Use Permit in 2017 determined the use met the four conclusions required for a special use permit, including that the use is in harmony with the area and in general conformity with the Comprehensive Plan. A minor modifica!on to the project was administra!vely approved in 2018 allowing 40 single-family dwellings to be reassigned as townhome dwellings. The maximum of 422 dwelling units did not change. The Addi!onal Dwelling Allowance standards in the R-15 district permit a maximum density of 10.2 du/ac, which equates to 869 dwelling units on the subject property. The applicant’s current proposal is approximately 51% of the maximum allowable dwelling units. Typically, single-family dwellings generate approximately one trip in the peak hours. The proposed addi!on would allow 18 more dwellings, which would generate about 18 trips in the AM peak hours and 20 trips in the PM peak hours. A Traffic Impact Analysis (TIA) was conducted for the proposed development in 2017 and approved by the WMPO and NCDOT. The applicant has completed the required traffic improvements including signal installa!on at the Gordon Road and Blount Drive (site access), light !ming adjustments along Gordon Road, and turn lane modifica!ons at the site access, Gordon/North College Road and Gordon/I-40. The WMPO and the NCDOT have determined an update to the Traffic Impact Analysis (TIA) is not required for this requested Special Use Permit modifica!on and the completed improvements are sufficient to handle the addi!onal traffic generated by the 18 single-family dwellings units. The Comprehensive Plan classifies the site as Urban Mixed Use. This classifica!on promotes development of a mix of residen!al, office, and retail uses at higher densi!es. This is within the residen!al density range of approximately 16+ units per acre that is outlined for the Urban Mixed Use place type and the moderate- to high-densi!es recommended for Urban Mixed Use areas. No changes to the exis!ng 2017 Special Use Permit condi!ons (below) or addi!onal condi!ons are proposed. 1. The proposed private right-of-ways shall be open for public use and placed within a public access Planning Board - October 1, 2020 ITEM: 3 easement. 2. Streetscape landscaping and buffering, consistent with that of which is required for high density developments adjacent to single-family developments, shall be installed around the mul!-family structures to provide a screen from the single-family lots located within the development. 3. A 20-foot wide access easement shall be dedicated to the County along Smith Creek in order to allow for the future installa!on of a mul!-use path in accordance with the Wilmington/NHC Greenway Plan. 4. Five feet of right-of-way shall be dedicated to NCDOT along Gordon Road for the purpose of allowing for future roadway improvements. This right-of-way dedica!on shall be in addi!on to any right-of-way dedica!on required as a result of the TIA and driveway permit. STRATEGIC PLAN ALIGNMENT: Intelligent Growth & Economic DevelopmentEncourage development of complete communi!es in the unincorporated countyEnsure NHC has appropriate housing to support business growth RECOMMENDED MOTION AND REQUESTED ACTIONS: Example Mo1on for Approval: Mo!on to approve, as the Board finds that this applica!on for a Special Use Permit modifica!on meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any addi!onal findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following condi!ons be added to the development: Suggested Condi on(s): No changes to the exis!ng 2017 Special Use Permit condi!ons or addi!onal condi!ons are proposed. Example Mo1on for Denial: Mo!on to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required condi!ons and specifica!ons of the Unified Development Ordinance; 3. Will not substan!ally injure the value of adjoining or abuIng property; 4. 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. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - October 1, 2020 ITEM: 3 SCRIPT for SPECIAL USE PERMIT Application (Z17-08M) Request by the Lee Kaess, PLLC on behalf of the property owner, McAdams Homes, LLC, to modify the Special Use Permit for the Landing at Lewis Creek Estates to allow 18 additional single-family lots within the subdivision. 1. Swear witnesses: Announce that “the Special Use Permit process requires a quasi-judicial hearing; therefore, any person wishing to testify must be sworn in. All persons who signed in to speak and wish to present competent and material testimony please step forward to be sworn in. Thank you.” 2. This is a quasi-judicial hearing. We will hear a presentation from staff. Then the applicant and any opponents will each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal. 3. Conduct hearing, as follows: a. Staff presentation b. Applicant’ s presentation (up to 15 minutes) c. Opponent’s presentation (up to 15 minutes) d. Applicant’s cross examination/rebuttal (up to 5 minutes) e. Opponent’s cross examination/rebuttal (up to 5 minutes) 4. Close the hearing 5. Board discussion 6. Ask Applicant whether he/she agrees with staff findings. 7. Vote on the Special Use Permit application. Motion to approve the permit - All findings are positive. Motion to approve the permit, subject to conditions specified below: (State Conditions) _____________________________________________________________________ _____________________________________________________________________ Motion to deny the permit because the Board cannot find: a. That the use will not materially endanger the public health or safety if located where proposed for the following reason: __________________________________________________________________ __________________________________________________________________ b. That the use meets all required condition and specifications: __________________________________________________________________ __________________________________________________________________ Planning Board - October 1, 2020 ITEM: 3 - 1 - 1 c. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity: __________________________________________________________________ __________________________________________________________________ d. 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 Comprehensive Land Use Plan for New Hanover County: __________________________________________________________________ __________________________________________________________________ Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit modification meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Also, that the following conditions be added to the development: Suggested Condition(s): No changes to the existing 2017 Special Use Permit conditions or additional conditions are proposed. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. 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. [State the finding(s) that the application does not meet and include reasons to why it is not being met] Planning Board - October 1, 2020 ITEM: 3 - 1 - 2 Z17-08M Staff Report PB 10.1.2020 Page 1 of 17 STAFF REPORT FOR Z17-08M SPECIAL USE PERMIT MODIFICATION APPLICATION OVERVIEW  This application proposes to modify the Special Use Permit for The Landing at Lewis Creek Estates development in order to add 18 additional single-family dwellings. The Special Use Permit for the development was issued in 2017 as part of the Conditional Use District (CUD) rezoning of the site. The approval allowed for 230 single-family dwellings and 192 multi-family units, totaling 422 dwelling units at 4.95 du/ac.  The issuance of the Special Use Permit in 2017 determined the use met the four conclusions required for a special use permit, including that the use is harmony with the area and in general conformity with the Comprehensive Plan. Consideration of the modification should relate to the impacts of the proposed 18 additional single-family dwellings and not the entire 440 dwelling units that would be included in the development. APPLICATION SUMMARY Case Number: Z17-08M Request: Modification to a Special Use Permit to allow 18 additional Single-Family dwellings in The Landing at Lewis Creek Estates Subdivision Applicant: Property Owner(s): Amy Schaefer of Lee Kaess, PLLC McAdams Homes, LLC Location: Acreage (Total Site) 4700 block of Gordon Road 85.19 acres PID(s): Comp Plan Place Type: R04300-008-061-000, R04300-008-015-000, R04300-008-126-000, R04300-008-062-000, R04300-008-012-000, R04300-008-128-000, R04300-008-168-000, and R04300-008-127-000 Urban Mixed Use Existing Land Use: Proposed Land Use: Residential Development consisting of single-family dwellings, townhomes, and multi-family units. Addition of 18 single-family lots Current Zoning: (CUD) R-15 Planning Board - October 1, 2020 ITEM: 3 - 2 - 1 Z17-08M Staff Report PB 10.1.2020 Page 2 of 17 SURROUNDING AREA LAND USE ZONING North Single-Family Residential R-15 East Undeveloped/Single-Family Residential R-15 South Single-Family Residential, Religious Assembly R-15, R-10 West Interstate 40 Right-of-Way/Single-Family Residential R-15 Planning Board - October 1, 2020 ITEM: 3 - 2 - 2 Z17-08M Staff Report PB 10.1.2020 Page 3 of 17 ZONING HISTORY July 7, 1972 Initially zoned R-15 (Area 8B) April 7, 1986 The subject property was rezoned to O&I (front 300 feet) and B-2 (Z- 262) September 5, 2017 The subject property was rezoned to Conditional Use R-15 Zoning District, and an Additional Dwelling Allowance Special Use Permit was issued in order to develop 230 single-family lots and 192 apartment units. COMMUNITY SERVICES Water/Sewer The development will connect to CFPUA water and sewer services. Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire District, New Hanover County Murrayville Station Schools Blair Elementary, Eaton Elementary, Trask Middle, and New Hanover High schools For more information, see Schools section of this report Recreation Smith Creek Park & Ogden Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The property contains swamp forest wetlands along Smith Creek. These wetlands are subject to the standards of the conservation resources. The proposed lots will not impact the wetlands subject to these standards. Historic No known historic resources Archaeological No known archaeological resources Planning Board - October 1, 2020 ITEM: 3 - 2 - 3 Z17-08M Staff Report PB 10.1.2020 Page 4 of 17 CURRENT SITE PLAN  The Special Use Permit was approved in 2017 and allows for a total of 422 dwelling units (4.95 du/ac) consisting of 230 single-family dwellings and 192 multi-family units.  A minor modification to the project was administratively approved in 2018 allowing 40 single-family dwellings to be reassigned as townhome dwellings. The maximum of 422 dwelling units did not change. 2017 Approved Site Plan with Staff Markups Planning Board - October 1, 2020 ITEM: 3 - 2 - 4 Z17-08M Staff Report PB 10.1.2020 Page 5 of 17 2018 Site Plan with Staff Markups PROPOSED CONCEPTUAL PLAN  This application proposes to modify the existing Special Use Permit to construct 18 additional single-family dwellings.  The 18 dwellings are proposed to be placed in the same general location where single- family homes were initially approved in 2017, prior to the modification.  The proposed expansion will bring the total number of dwelling units to 440 (5.16 du/ac) from 422 (4.95 du/ac).  The Additional Dwelling Allowance standards in the R-15 district permit a maximum density of 10.2 du/ac, which equates to 869 dwelling units on the subject property. The applicant’s current proposal is approximately 51% of the maximum allowable dwelling units. Planning Board - October 1, 2020 ITEM: 3 - 2 - 5 Z17-08M Staff Report PB 10.1.2020 Page 6 of 17  The proposed site plan has been reviewed by the Technical Review Committee (TRC) and complies with the Additional Dwelling Allowance standards within the Unified Development Ordinance. 2020 Proposed Conceptual Plan with Staff Markups Planning Board - October 1, 2020 ITEM: 3 - 2 - 6 Z17-08M Staff Report PB 10.1.2020 Page 7 of 17 LAND USE CURRENT DWELLING UNITS PROPOSED DWELLING UNITS CHANGES IN DWELLING UNITS Single-Family Dwellings 190 208 18 Apartments 192 192 No change Townhome Units 40 40 No change Increase of 18 dwellings AREA SUBDIVISIONS UNDER DEVELOPMENT Planning Board - October 1, 2020 ITEM: 3 - 2 - 7 Z17-08M Staff Report PB 10.1.2020 Page 8 of 17 TRANSPORTATION  Access is provided to the subject property by Gordon Road (SR 2048), a minor arterial street. Primary Access Points to Major Roadways  Typically, single-family dwellings generate approximately one trip in the peak hours. The proposed addition would allow 18 more dwellings, which would generate about 18 trips in the AM peak hours and 20 trips in the PM peak hours.  A Traffic Impact Analysis (TIA) was conducted for the proposed development in 2017 and approved by the WMPO and NCDOT. The applicant has completed the required traffic improvements including signal installation at the Gordon Road and Blount Drive (site access), light timing adjustments along Gordon Road, and turn lane modifications at the site access, Gordon/North College Road and Gordon/I-40.  The WMPO and the NCDOT have determined an update to the Traffic Impact Analysis (TIA) is not required for this requested Special Use Permit modification and the completed Planning Board - October 1, 2020 ITEM: 3 - 2 - 8 Z17-08M Staff Report PB 10.1.2020 Page 9 of 17 improvements are sufficient to handle the additional traffic generated by the 18 single- family dwellings units. Notable improvements to Gordon Road at Lewis Landing Avenue Planning Board - October 1, 2020 ITEM: 3 - 2 - 9 Z17-08M Staff Report PB 10.1.2020 Page 10 of 17 Nearby Planned Transportation Improvements and Traffic Impact Analyses Nearby Traffic Impact Analyses: Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards. Approved analyses must be re-examined by NCDOT if the proposed development is not completed by the build out date established within the TIA. Nearby NC STIP Projects:  U-6202 (Gordon Road Improvements) o The NC State Transportation Improvement Program includes (U-6202) that will widen Gordon Road to multi-lanes from US HWY 17 (Market Street) to I-40. Currently this project is scheduled for right of way acquisition in 2025 and construction is currently not funded.  U-5792 (College/MLK Interchange) & U-5881 (College Road Improvements) Planning Board - October 1, 2020 ITEM: 3 - 2 - 10 Z17-08M Staff Report PB 10.1.2020 Page 11 of 17 o The NC State Transportation Improvement Program includes two projects (U-5792 & U-5881) that will upgrade College Road from Gordon Road to New Centre Drive. NCDOT’s recommended plans for these projects include converting certain intersections along College Road into interchanges, including at MLK Parkway and Kings Drive. o The production schedule for the College/MLK Interchange and College Road Improvements projects were to begin right-of-way acquisition in 2024 and 2025, respectively, and bidding of the projects in 2026 and 2028, respectively. However, both of these projects are currently on hold for the foreseeable future. Proposed Development Land Use/Intensity TIA Status 1. The Landing at Lewis Creek (Subject Site)  208 single-family dwellings  40 townhome units  192 multi-family units  TIA approved September 6, 2017  TIA approved September 16, 2020  2021 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of:  Extend the northbound turn lane on Gordon Road and North College Road/I-40 westbound ramps.  Extend the existing westbound left-turn lane and extend the existing southbound left turn lane on Gordon road and North College Road/I-40 eastbound Ramps.  Signalize the intersection of Gordon and Blount Drive (site access). Provide coordination with the signals along Gordon Road. Provide a westbound-left turn lane on Gordon Road and provide and eastbound right turn lane on Gordon Road at the site access.  At site access provide an internal protected stem, north bound approach a minimum left turn lane and through-right turn lane. Nearby Proposed Developments included within the TIA:  Gordon Road Buy Quick Development Status: 131 lots have been platted at this time. Currently all roadway improvements have been completed. Planning Board - October 1, 2020 ITEM: 3 - 2 - 11 Z17-08M Staff Report PB 10.1.2020 Page 12 of 17 Proposed Development Land Use/Intensity TIA Status 2. Smith Creek Village Development  318 multi-family units  TIA approved February 7, 2019  2020 Build Out Year The TIA requires improvements be completed at certain intersections in the area. The notable improvements consisted of:  A revision of the signal plan at US HWY 117/NC132 (North College Road) and I-40.  At site access construction of a right in right out only access and stop control for egress traffic.  Gordon Road and Blount Drive, construction of a westbound and southbound turn lanes.  Revision of signal plan at Gordon Road and Blount Drive. Nearby Proposed Developments included within the TIA:  The Landing at Lewis Creek Estates Subdivision Development Status: Completed, Currently All Roadway Improvements Have Been Completed. SCHOOLS  Students generated from this development would be assigned to Blair Elementary, Trask Middle, and New Hanover High schools. Students may apply to attend public magnet, year-round elementary, or specialty high schools.  422 dwelling units are permitted under the current (CUD) R-15 zoning, and 440 dwelling units would be allowed under the proposed modification, for an increase of 18 dwellings.  Based on average student generation rates,* there are an average of 0.24 public school students (0.11 elementary, 0.05 middle, and 0.08 high) generated per dwelling unit across New Hanover County. The proposed modification can be estimated to generate 4 (2 elementary, 1 middle, and 1 high) more students than currently allowed. Intensity Estimated Student Generation Existing Development: 422 residential units Total: 101 (45 elementary, 23 middle, 33 high) Proposed Development: 440 residential units Total: 105 (47 elementary, 24 middle, 34 high) Net change: + 4 students (2 elementary, 1 middle, 1 high) *Average student generation rates are calculated by dividing the projected New Hanover County public school student enrollment for the 2020-2021 school year by the estimated number of dwelling units in the county. While different housing types and different locations typically yield different numbers of students, these average generation rates can provide a general guide for the number of students to anticipate. Total projected student enrollment was used, which includes students attending out-of-district specialty schools, such as year-round elementary schools, Isaac Bear, and SeaTECH. Planning Board - October 1, 2020 ITEM: 3 - 2 - 12 Z17-08M Staff Report PB 10.1.2020 Page 13 of 17 School Enrollment* and Capacity**—2021-2022 Estimates Level Total NHC % Capacity School Enrollment of Assigned School Capacity of Assigned School w/ Portables % of Capacity of Assigned School Funded Capacity Upgrades Elementary 97% Blair 526 554 95% None Middle 107% Trask 717 662 108% None High 105% New Hanover 1,532 1,648 93% None *Enrollment is based on projected New Hanover County Schools enrollment for the 2020-2021 school year. **Capacity calculations were determined by New Hanover County Schools for the 2020-2021 school year and are based on NC DPI Facility Guidelines & Class Size Requirements. Modifications refer to specific program requirements unique to a particular school. These may include exceptional children’s classrooms beyond the original building design; classrooms to serve a unique population such as ESL; or classrooms designated for art and music if the building wasn’t specifically designed with those spaces. ENVIRONMENTAL  The southern portion of the property contains Special Flood Hazard Areas along Smith Creek. These flood areas include an AE floodway, AE flood zone (100-year floodplain), and Shaded X flood zone (500-year floodplain), however, the proposed 18 additional single-family dwellings are not located within any flood zones.  The property contains regulated wetlands and access to the 18 dwelling units will require wetland crossing and impact permits from the U.S. Army Corps of Engineers. Most of the wetlands area is located in the southern portion of property along Smith Creek. These wetlands adjacent to Smith Creek are subject to the county’s conservation resources standards.  The property is not located within a Natural Heritage Area.  The subject property is within the Smith Creek (SA;HQW) watershed.  Soils on the property consist of Class II (moderate limitation), Class III (severe limitation) and Class IV (unsuitable) soils, however, this project must install public water and sewer service in accordance with the standards for Additional Dwelling Allowance developments and CFPUA. Planning Board - October 1, 2020 ITEM: 3 - 2 - 13 Z17-08M Staff Report PB 10.1.2020 Page 14 of 17 CONTEXT AND COMPATIBILITY  The subject property is located just east of the intersection of 1-40 and Gordon Road.  The proposed addition is interior to an existing partially developed neighborhood. This phase is proposed to be built by the same developer and it is located in an area with a mixture of single-family homes and townhomes. Representative Developments of R-15 with Additional Dwelling Allowance: The Landing at Lewis Creek Estates The Landing at Lewis Creek Estates Townhomes Adjacent to Subject Site Townhomes Adjacent to Subject Site Single-Family Homes Adjacent to Subject Site Planning Board - October 1, 2020 ITEM: 3 - 2 - 14 Z17-08M Staff Report PB 10.1.2020 Page 15 of 17 2016 COMPREHENSIVE LAND USE PLAN The New Hanover County Future Land Use Map provides a general representation of the vision for New Hanover County’s future land use, as designated by place types describing the character and function of the different types of development that make up the community. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Urban Mixed Use Place Type Description Promotes development of a mix of residential, office, and retail uses at higher densities. Types of uses encouraged include office, retail, mixed use, small recreation, commercial, institutional, single-family, and multi-family residential. Analysis The proposed expansion is located in the existing Landing at Lewis Creek Estates subdivision which is located along Gordon Road just east of the I-40 and Gordon Road interchange. The area where the additional homes are proposed abuts a property used for a wireless telecommunications tower and two vacant, residential-zoned properties. The subject property is designated as Urban Mixed Use in the Comprehensive Plan, which supports a mix of uses at moderate- to high- intensities, including moderate- to high-density residential uses. The plan’s intent is to allow more commercial options and higher residential densities in this area in order to take advantage of the proximity to nearby basic goods and services and to help reduce long travel distances and associated levels of traffic along Gordon Road and surrounding streets. During review of the existing Special Use Permit in 2017, the Board of Commissioners determined that the densities and housing types included in the Landing at Lewis Creek Estates subdivision were appropriate for this Planning Board - October 1, 2020 ITEM: 3 - 2 - 15 Z17-08M Staff Report PB 10.1.2020 Page 16 of 17 area because the project could provide affordable workforce housing. They also found that it increases the probability that commercial land uses would be developed on vacant land within the nearby area, thereby contributing to the mixed-use development pattern promoted by the plan. The proposed modification expands the residential use that currently exists on the site. It would allow for 18 new single-family lots, which would increase the total density (including existing units) from 4.95 units per acre to 5.15 units per acre. This is within the residential density range of approximately 16+ units per acre that is outlined for the Urban Mixed Use place type and the moderate- to high-densities recommended for Urban Mixed Use areas. STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT: Staff has conducted an analysis of the proposed use and the information provided as part of the application package and has created preliminary findings of fact for each of the conclusions required to be reached to approve the special use permit request. These preliminary findings of fact and conclusions are based solely on the information provided to date, prior to any information or testimony in support or opposition to the request that may be presented at the upcoming public hearing at the Board meeting. Finding 1: The Board must find that the use will not materially endanger the public health or safety where proposed and developed according to the plan as submitted and approved. A. The site is accessed from Gordon Road, a minor arterial street. B. Water and sewer services will be provided and designed in accordance with CFPUA’s standards. C. The subject property is located in the New Hanover County Northern Fire Service District. D. The 18 additional single-family dwellings are not located within any flood zones and are not located within any Special Flood Hazard Area. E. A Traffic Impact Analysis (TIA) was completed for the proposed development in 2017 and approved by the WMPO and NCDOT. The applicant has completed the required traffic improvements including signal installation, light timing adjustments, and turn lane modifications. Finding 2: The Board must find that the use meets all required conditions and specifications of the Zoning Ordinance. A. The site is zoned (CUD)R-15, Residential District with an Additional Dwelling Allowance Special Use Permit that allows a maximum of 422 dwelling units. B. The site plan has been reviewed by the Technical Review Committee and complies with all applicable technical standards including Unified Development Ordinance (UDO) Section 3.1.3.E.1: Additional Dwelling Allowance. Finding 3: The Board must find that the use will not substantially injure the value of adjoining or abutting property or that the use is a public necessity. A. The surrounding area contains similar residential uses. B. No evidence has been submitted that this project will decrease the property values of adjacent or nearby properties. Planning Board - October 1, 2020 ITEM: 3 - 2 - 16 Z17-08M Staff Report PB 10.1.2020 Page 17 of 17 Finding 4: The Board must find 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. A. The 2016 Comprehensive Plan classifies the area proposed for the development as Urban Mixed Use, and the proposal aligns with the intent of this land use classification. The proposal provides housing at densities consistent with what is encouraged in this place type and along with the adjacent land uses, allows for the desired mix of uses. Existing Conditions No changes to the existing 2017 Special Use Permit conditions (below) or additional conditions are proposed. 1. The proposed private right-of-ways shall be open for public use and placed within a public access easement. 2. Streetscape landscaping and buffering, consistent with that of which is required for high density developments adjacent to single-family developments, shall be installed around the multi-family structures to provide a screen from the single-family lots located within the development. 3. A 20-foot wide access easement shall be dedicated to the County along Smith Creek in order to allow for the future installation of a multi-use path in accordance with the Wilmington/NHC Greenway Plan. 4. Five feet of right-of-way shall be dedicated to NCDOT along Gordon Road for the purpose of allowing for future roadway improvements. This right-of-way dedication shall be in addition to any right-of-way dedication required as a result of the TIA and driveway permit. EXAMPLE MOTIONS Example Motion for Approval: Motion to recommend approval, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions. [OPTIONAL] Note any conditions be added to the development: [List Conditions] Motion to recommend denial, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. 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. [State the finding(s) that the application does not meet and include reasons why it is not being met] Planning Board - October 1, 2020 ITEM: 3 - 2 - 17 Planning Board - October 1, 2020 ITEM: 3 - 3 - 1 Planning Board - October 1, 2020 ITEM: 3 - 4 - 1 Planning Board - October 1, 2020 ITEM: 3 - 5 - 1 APPLICANT MATERIALS Planning Board - October 1, 2020 ITEM: 3 - 6 - 1 Planning Board - October 1, 2020 ITEM: 3 - 6 - 2 Planning Board - October 1, 2020 ITEM: 3 - 7 - 1 Planning Board - October 1, 2020 ITEM: 3 - 7 - 2 Planning Board - October 1, 2020 ITEM: 3 - 7 - 3 Planning Board - October 1, 2020 ITEM: 3 - 7 - 4 Planning Board - October 1, 2020 ITEM: 3 - 7 - 5 Planning Board - October 1, 2020 ITEM: 3 - 7 - 6 TRAFFIC IMPACT ANALYSIS MATERIALS Planning Board - October 1, 2020 ITEM: 3 - 8 - 1 Planning Board - October 1, 2020 ITEM: 3 - 8 - 2 September 16, 2020 Mr. Don Bennett, PE Davenport Transportation Consulting 3722 Shipyard Blvd, Suite E Wilmington, NC 28403 RE: Revised approval of the Traffic Impact Analysis (TIA) associated with the proposed The Landing at Lewis Creek Estates Development New Hanover County, NC The WMPO, NCDOT, and New Hanover County staffs have reviewed The Landing at Lewis Creek Estates Development TIA revision dated July 28, 2017 as well as supplemental information provided on September 16, 2020. This Development consists of: • 208 Single Family Homes (LUC 210) • 40 Multi-Family Housing Low-Rise (LUC 220) • 192 Multi-Family Housing Mid-Rise (LUC 221) Based on review of the analysis provided in the TIA report, the following improvements are required by the developer: SR 2408 (Gordon Road) and Blount Drive/Site Access • Signalize the intersection and provide coordination with the signals along Gordon Road. • Provide a westbound left-turn lane on Gordon Road with 200 feet of storage and appropriate full-width deceleration and taper. • Provide an eastbound right-turn lane on Gordon Road with 200 feet of storage and appropriated full-width deceleration and taper. • Site access – northbound approach: o Provide a minimum of 400 feet of internal protected stem. o Proved a left-turn lane with a minimum of 400 feet of storage. o Provide a thru-right lane with a minimum of 400 feet of storage. Planning Board - October 1, 2020 ITEM: 3 - 9 - 1 2 SR 2408 (Gordon Road) and I-40 Westbound Ramps • Extend the existing northbound right-turn lane on the ramp to provide 325 feet of storage and appropriate full-width deceleration and taper. SR 2408 (Gordon Road) and NC 132 (N. College Road)/I-40 Eastbound Ramps • Extend the existing westbound left-turn lane on Gordon Road to provide maximum storage within the existing constraints. • Extend the existing southbound left-turn lane on N. College Road to provide 650 feet of storage and appropriate full-width deceleration and taper. If changes are made to the proposed site driveways and/or use, the current trip distribution may need to be modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT, WMPO, and New Hanover County. This approval would become null and void. The applicant is required to obtain all applicable New Hanover County and NCDOT permits for access to the road network. All applicable NCDOT and New Hanover County technical standards and policies shall apply. Please contact me at 910-772-4170 with any questions regarding this approval. Sincerely, Kayla Grubb, EI Project Engineer Wilmington Metropolitan Planning Organization ec: Mike Kozlosky, Executive Director, WMPO Bill McDow, Transportation Planner, WMPO Scott James, PE, Transportation Project Engineer, WMPO Ben Hughes, PE, District Engineer, NCDOT Jessi Leonard, PE, Division Traffic Engineer, NCDOT Eva Covarrubias, EI, Transportation Engineering Associate, NCDOT Brad Schuler, Senior Planner, New Hanover County Ron Meredith, Current Planner, New Hanover County Planning Board - October 1, 2020 ITEM: 3 - 9 - 2 PROPOSED SITE PLAN Planning Board - October 1, 2020 ITEM: 3 - 10 - 1 Planning Board - October 1, 2020 ITEM: 3 - 10 - 2 No.License #RevisionDesignerDrawn ByDate ByScaleDateJob No.PREPARED FOR:Sheet No.THE LANDINGAT LEWIS CREEK ESTATESMcADAMS HOMES, LLC6626-C GORDON ROADWILMINGTON, NC 28411910-799-3006WilmingtonNew Hanover CountyNorth CarolinaGRAPHIC SCALE1 inch = 200 ft.2000 100 200 400C-1Planning Board - October 1, 2020ITEM: 3- 11 - 1 NEW HANOVER COUNTY PLANNING BOARD REQUEST FOR BOARD ACTION MEETING DATE: 10/1/2020 Regular DEPARTMENT: Planning PRESENTER(S): Rebekah Roth CONTACT(S): Rebekah Roth; Wayne Clark SUBJECT: Public Hearing Text Amendment Request (TA20-02)-Request by New Hanover County to amend Ar5cles 2, 3, 4, 5, 6, and 8 of the Unified Development Ordinance to update the county's tree reten5on standards, standardize and coordinate open space requirements, modernize setback and residen5al height requirements, refine landscaping and buffering standards, update parking standards, provide for clear and consistent use permissions and standards, and add Erosion and Sedimenta5on Control ordinance provisions. BRIEF SUMMARY: This amendment includes the final ordinance changes associated with the Unified Development Ordinance code update project designed to implement the 2016 Comprehensive Plan. It consists of three categories of updates to exis*ng regula*ons: 1. Tree-Related Amendments a. An update to strengthen the county's tree reten*on standards that became a part of the scope of the project last fall during the discussion on preserving large live oaks b. An amendment to provide consistent open space provisions that coordinate with Tree Reten*on standards to incen*vize the protec*on of exis*ng tree canopy 2. Infill Suppor*ve Amendments a. A moderniza*on of setback and residen*al height requirements b. Refined transi*onal buffers and landscaping standards that coordinate with the tree-related amendments 3. Amendments to Modernize and Update Provisions a. Updated parking standards that reflect the list of principal uses adopted as part of the Unified Development Ordinance format in February 2020 b. Amendments to provide for clear and consistent use permissions and standards c. The addi*on of an updated Erosion and Sedimenta*on Control Ordinance to the Unified Development Ordinance STRATEGIC PLAN ALIGNMENT: Intelligent Growth & Economic DevelopmentEncourage development of complete communi*es in the unincorporated countyCi*zens have daily needs met by NHC businesses and support themEnsure NHC has appropriate housing to support business growthIncrease connec*vity of residents to each other and their investment to New Hanover County Planning Board - October 1, 2020 ITEM: 4 RECOMMENDED MOTION AND REQUESTED ACTIONS: Staff recommends the following mo*on: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that updates the county's tree reten*on standards, standardizes and coordinates open space requirements, modernizes setback and residen*al height requirements, refines landscaping and buffering standards, updates parking standards, provides for clear and consistent use permissions and standards, and adds Erosion and Sedimenta*on Control ordinance provisions. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that reflect the plan's recommended place types and development pa=erns and encourages plan goals of infill and redevelopment and conserva*on of environmentally cri*cal areas. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it includes the zoning tools essen*al to address the Comprehensive Plan's listed goals and provides for clearer and more consistent standards. COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager) Planning Board - October 1, 2020 ITEM: 4 SCRIPT for Unified Development Ordinance Text Amendment (TA20-02) Request by New Hanover County to amend Articles 2, 3, 4, 5, 6, and 8 of the Unified Development Ordinance to update the county’s tree retention standards, standardize and coordinate open space requirements, modernize setback and residential height requirements, refine landscaping and buffering standards, update parking standards, provide for clear and consistent use permissions and standards, and add Erosion and Sedimentation Control ordinance provisions. This is a public hearing. We will hear a presentation from staff. Then any supporters and any opponents will each be allowed 15 minutes for their presentations and an additional 5 minutes for rebuttal. 1. Conduct Hearing, as follows: a. Staff/Applicant presentation b. Supporters’ presentation(s) (up to 15 minutes) c. Opponents’ presentation(s) (up to 15 minutes) d. Applicant’s rebuttal (up to 5 minutes) e. Opponents’ rebuttal (up to 5 minutes) 2. Close the public hearing 3. Board discussion 4. Vote on amendment. The motion should include a statement saying how the change is, or is not, consistent with the land use plan and why approval or denial of the rezoning request is reasonable and in the public interest. Example Motion of Approval: Staff recommends approval of the proposed amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that updates the county’s tree retention standards, standardizes and coordinates open space requirements, modernizes setback and residential height requirements, refines landscaping and buffering standards, updates parking standards, provides for clear and consistent use permissions and standards, and adds Erosion and Sedimentation Control ordinance provisions. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that reflect the plan’s recommended place types and development patterns and encourages plan goals of infill and redevelopment and conservation of environmentally critical areas. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it includes the zoning tools essential to address the Comprehensive Plan’s listed goals and provides for clearer and more consistent standards. Alternative Motion for Approval/Denial: I move to [Approve/Deny] the proposed amendment to the New Hanover County Unified Development Ordinance that that updates the county’s tree retention standards, standardizes and coordinates open space requirements, modernizes setback and residential height requirements, refines landscaping and buffering standards, updates parking standards, provides for clear and consistent use permissions and standards, and adds Erosion and Sedimentation Control ordinance provisions. I find it to be [Consistent/Inconsistent] with the purposes and intent of the Comprehensive Plan because [insert reasons] __________________________________________________________________________________ __________________________________________________________________________________ I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because [insert reasons] __________________________________________________________________________________ __________________________________________________________________________________ Planning Board - October 1, 2020 ITEM: 4 - 1 - 1 TA19-01 Staff Report PB 7.9.2020 Page 1 of 8 STAFF REPORT FOR TA20-02 TEXT AMENDMENT APPLICATION APPLICATION SUMMARY Case Number: TA20-02 Request: To amend Articles 2, 3, 4, 5, 6, and 8 of the Unified Development Ordinance to update the county’s tree retention standards, standardize and coordinate open space requirements, modernize setback and residential height requirements, refine landscaping and buffering standards, update parking standards, provide for clear and consistent use permissions and standards, and add Erosion and Sedimentation Control ordinance provisions. Applicant: Subject Ordinances: New Hanover County Unified Development Ordinance Purpose & Intent This amendment includes the final ordinance changes associated with the Unified Development Ordinance code update project designed to implement the 2016 Comprehensive Plan. It consists of three categories of updates to existing regulations: 1. Tree-Related Amendments a. An update to strengthen the county’s tree retention standards that became a part of the scope of the project last fall during the discussion on preserving large live oaks b. An amendment to provide consistent open space provisions that coordinate with Tree Retention standards to incentivize the protection of existing tree canopy 2. Infill Supportive Amendments a. A modernization of setback and residential height requirements b. Refined transitional buffers and landscaping standards that coordinate with the tree-related amendments 3. Amendments to Modernize and Update Provisions a. Updated parking standards that reflect the list of principal uses adopted as part of the Unified Development Ordinance format in February 2020 b. Amendments to provide for clear and consistent use permissions and standards c. The addition of an updated Erosion and Sedimentation Control Ordinance to the Unified Development Ordinance BACKGROUND This request consists of the final Unified Development Ordinance (UDO) amendments associated with the UDO code update project designed to implement the 2016 Comprehensive Plan. While a number of ordinance amendments were discussed over the course of the project, its core scope included two primary purposes: Planning Board - October 1, 2020 ITEM: 4 - 2 - 1 TA19-01 Staff Report PB 7.9.2020 Page 2 of 8 (1) to make sure that the recommendations that came out of the Comprehensive Plan regarding a greater mix of uses, more housing diversity, and a wider spectrum of residential density were allowed by our development regulations; and (2) to clarify and streamline the separate codes regulating development in unincorporated New Hanover County into one unified development ordinance to make sure they all worked together, were easier to use and understand, and to avoid unintentional conflicts. In February 2020, the New Hanover County Unified Development Ordinance (UDO) was adopted, and these two primary purposes were addressed. The third and last phase of the project, which included the assorted amendments adopted by the Board of Commissioners at their September 8, 2020 meeting, is made up of final targeted amendments and technical fixes. This request consists of three primary categories of updates to existing regulations: tree-related amendments, infill compatibility amendments, and amendments to modernize and update provisions. These proposed code changes will close out the UDO Project, but there will be future updates and improvements to regulations as the need arises. Future amendments may result from changing legal requirements, additional non-policy related technical needs, policy direction from the Board of Commissioners, new programs (such as the Stormwater Services Program), and new data or information (such as the findings from the comprehensive workforce housing study and survey due later this year). 1. TREE-RELATED AMENDMENTS a. Tree-Retention Standards The county’s tree retention standards have been established in recognition of the various benefits, including energy conservation, reduction in stormwater runoff, slowing of flood waters, and filtering of airborne pollutants, to protect high-value trees, especially mature specimens. This amendment was spurred by the conversation regarding the protection of large live oaks in fall 2019 and is primarily intended to provide for additional protection of high-value tree species other than live oaks. Through conversations with property owners, tree advocacy organizations (e.g., the Alliance for Cape Fear Trees and the Soil and Water Conservation District’s Tree Canopy Working Group), county zoning compliance staff, and members of the development community, project staff also identified that in addition to protection of individual trees, incentives to protect existing tree canopy would provide additional public benefits. The proposed amendment includes several changes to existing provisions, including: • Pond Cypresses and Bald Cypresses have been added as Specimen Trees due to their longevity; • Long Leaf Pines, Pond Cypresses, and Bald Cypresses are considered Significant Trees at 18 inches Diameter at Breast Height (DBH) rather than 24 inches DBH; • Flowering trees are only considered Significant Trees if they are native species; • Long Leaf Pines, Pond Cypresses, Bald Cypresses, and Hardwoods must be documented at 8 inches DBH rather than 12 inches DBH; • To clarify current regulations, sweetgums are only regulated when they are located within required vegetative buffer areas or required open space, as their vulnerability to limb breakage during storms warrants greater flexibility in open areas or near buildings; Planning Board - October 1, 2020 ITEM: 4 - 2 - 2 TA19-01 Staff Report PB 7.9.2020 Page 3 of 8 • New incentives to encourage property owners to retain existing tree canopy, including a reduction in parking spaces and allowing retained trees to count as tree mitigation, have been added. The proposed amendment also includes updated definitions and terms and clarifications to ensure consistency with state law, new terminology, current practice (such as tree inventories), and unclear provisions (e.g., the size required for replacement trees). The proposed amendment does not include a reduction in the size threshold for Specimen Trees; based on the data gathered over the past year, there is no evidence that the current 36-inch DBH threshold is allowing the removal of large numbers of high-quality trees just below that size. Staff is developing an ongoing evaluation of the county’s tree retention standards and will continue monitoring the effectiveness of the Specimen Tree threshold and new tree canopy-focused incentives. b. Open Space Standards The proposed changes to open space standards were identified during conversations with stakeholders and our consulting firm about additional ways to incentivize the retention of tree canopy and during development review due to questions about the types of areas that qualified as open space, requests for flexibility to adjust open space types as the needs of residents changed, and concerns regarding maintenance that have occurred for certain types of open space amenities, such as playgrounds and golf courses. In addition, current open space requirements are inconsistent with different types of site features qualifying as open space depending on the type of development or zoning district, and the way required open space set-aside areas is calculated also varies. This amendment addresses these issues by consolidating open space standards into one section of the UDO, providing consistent calculation methods, amounts required, and qualifying features; establishing clear descriptions for the types of open space that meet ordinance requirements; and incentivizing protection of existing tree canopy and native species. The open space set-aside requirements for residential projects in the proposed amendment have been adjusted since the public release drafts as the result of stakeholder questions and additional staff research. It was determined that due to the reduced design flexibility, increased likelihood of lower density, and larger individual lots (private open space) associated with conventional subdivisions, open space set-asides of about 10% would be more appropriate for these types of projects. Performance residential projects—which allow for clustering—would provide open space set-asides of 20% under current standards if the proposed open space features were counted, so the set-aside requirements for those projects have not been changed. The proposed amendment includes the following primary changes to existing provisions: • Ensuring the types of features that qualify as open space set-asides are consistent regardless of development type or zoning district; • Establishing consistent open space set-aside requirements for both residential (10% conventional; 20% performance) and mixed-use (15%) developments; • Defining the eight types of site features that are allowed to meet set-aside standards; and • Incentivizing the retention of long leaf pine stands and old growth forest by allowing them to count for double the amount of open space. Planning Board - October 1, 2020 ITEM: 4 - 2 - 3 TA19-01 Staff Report PB 7.9.2020 Page 4 of 8 The amendment also clarifies open space design standards, types of development (e.g., trails, picnic tables, benches) permitted within set-asides, ownership and management requirements, and provisions for payments in-lieu of dedication. 2. INFILL SUPPORTIVE AMENDMENTS a. Setback and Height Requirements Because new development in unincorporated New Hanover County, except on the large, undeveloped tracts in the Sidbury Road area, is likely to be located close to existing neighborhoods because of the availability of water and sewer utilities, this amendment was developed to provide for setback standards in-line with those commonly used in suburban, rather than rural, areas and for residential heights that accommodate current construction standards. It is intended to establish best-practice standard setbacks for commercial and industrial buildings adjacent to residential properties to replace the current method in the ordinance, which is based on an arbitrary multiplier applied to building height. Residential height maximums are also increased from 35 feet to 40 feet to accommodate changes in construction standards and market demand, and in response to questions regarding long-term resiliency of residential structures, the current maximum height of 44 feet allowed for structures in identified flood zones have been expanded to apply to any structures elevated on open foundations (e.g., piers, posts, columns, or piles). These provisions are meant to allow three-story homes constructed on-grade and one- to two-story homes if elevated on open foundations. b. Landscaping and Buffers The proposed amendment to Landscaping and Buffering standards is coupled with the height and setback standards because of the role transitional buffers play in ensuring compatibility between adjacent land uses. This amendment also aligns landscaping standards with the proposed tree- related amendments. The proposed amendment includes a series of changes to existing provisions, which include: • Reducing the tree planting requirements for small-scale expansions of existing buildings (less than 25% increase in floor area or vehicle use area or requiring fewer than 20 space) as these projects are generally on smaller sites and this requirement could discourage redevelopment; • Adjusting the required caliper inches for replacement trees to the best-practice 2.5 caliper inches, as they are more resilient, reach a size comparable with 3-inch plantings, and are less expensive; • Establishing transitional buffer standards that are coordinated with proposed standard setbacks; and • Requiring transitional buffers for industrial uses adjacent to all residential types, not just single family. The amendment also clarifies existing standards, such as landscaping upgrades required for redevelopment projects, the requirement that existing vegetation used to meet requirements should be in good health and non-invasive, the types of development (e.g., trails) allowed within buffers, screening and street yard requirements, how fractions should be rounded, the size of landscaping islands, and when understory trees can be used in street yard landscaping design. Planning Board - October 1, 2020 ITEM: 4 - 2 - 4 TA19-01 Staff Report PB 7.9.2020 Page 5 of 8 3. AMENDMENTS TO MODERNIZE & UPDATE PROVISIONS a. Parking and Loading Standards The current parking and loading standards are out of date—they are largely unchanged from the standards adopted in the early 1980s and the list of uses for which minimum parking requirements are outlined is inconsistent with the list of uses in the Principal Use Table. The proposed amendment ensures that the use list for parking minimums mirrors the Principal Use Table list and categories and updates parking minimum requirements, alternative parking options, and parking lot design standards. The primary proposed changes include: • Basing parking minimum standards on consistent criteria (building size, etc.) instead of operation criteria, such as number of employees, that may change more frequently; • Ensuring that each use listed on the Principal Use Table has a clear minimum parking standard to increase predictability for code users; • Outlining clear criteria for determining parking standards for unlisted uses or mixed use developments; • Updating alternative parking plan standards to allow parking demand studies, establish clear provisions for shared parking arrangements, provide for deferred parking, and accommodate valet and tandem parking arrangements; • Establishing best practice surfacing and design standards for off-street parking lots; • Permitting parking garages in the B-1, CB, B-2, O&I, and AC districts by-right; • Updating loading space minimums in accordance with best practices while providing for flexibility for individual uses; and • Adding parking area standards for cluster-style mailbox kiosks to subdivision and performance residential development requirements. The amendment also removes redundant requirements covered in other portions of the code and clarifies when parking and loading standards apply. b. Use Permissions and Standards This proposed amendment aims to meet two primary goals: (1) make sure the Unified Development Ordinance’s use permissions accommodate current and emerging land uses we can anticipate seeing in unincorporated New Hanover County within the next decade and (2) apply permissions and standards consistently to similar uses and zoning districts. This amendment also includes removal of use-specific and district-specific standards that are included in another section in this round of amendments to reduce the potential for conflicts. This amendment includes assorted changes to uses and standards, including • Addition of new uses (e.g., Food Pantry; Community Garden; Commercial Kitchen, Catering; and Data Center), along with use-specific and parking standards, and definitions for each use; Planning Board - October 1, 2020 ITEM: 4 - 2 - 5 TA19-01 Staff Report PB 7.9.2020 Page 6 of 8 • Clarifying the permissions for uses such as Hospice, Event Center, and Microbrewery/Microdistillery that currently fall under a broader use to make sure that permissions and standards (such as parking) are tailored to the specific use; • Applying use-specific standards in new districts that are similar to those where the standards already apply; • Establishing consistent permissions for uses, such as Senior Living and Recycling Centers, so that composite uses (e.g., Continuing Care Facilities) are allowed in districts where each part (e.g., Independent Living and Assisted Living) are permitted; • Removing district-specific standards from the R-7 district, as they are either inconsistent with provisions for other similar districts or are included elsewhere in the ordinance; and • Aligning building separation standards with the requirements of the North Carolina Building Code. The proposed amendment also clarifies some existing definitions and standards. c. Erosion and Sedimentation Control Ordinance The North Carolina Sedimentation Control Commission delegates authority to implement the Sedimentation Pollution Control Act (SPCA) to cities and counties that adopt a local qualifying erosion and sediment control ordinance in compliance with North Carolina state requirements. The county’s Erosion and Sediment Control Program is managed by the county Engineering Department. The proposed amendment would incorporate the Erosion and Sedimentation Control Ordinance into the Unified Development Ordinance format. It includes updates required by the NC Department of Environment and Natural Resources and NC Sedimentation Control commission. Planning Board - October 1, 2020 ITEM: 4 - 2 - 6 TA19-01 Staff Report PB 7.9.2020 Page 7 of 8 PROPOSED AMENDMENT The proposed text amendment and supplemental summary sheets are attached, with red italics indicating new language and strikethrough indicating provisions that are removed. Any changes to the summary sheets and drafts made in response to public review comments are shown in either blue strikethrough or blue italics. As a note, the Erosion and Sedimentation Control Ordinance does not have a summary sheet because it is a reorganization of an existing code with only clarifications and state-required changes. The attached draft does include an update to a reference in the Planned Development zoning district description not originally included in the public release draft. It is also in blue italics. STAFF RECOMMENDATION Staff recommends approval of the requested amendment and suggests the following motion: I move to APPROVE the proposed amendment to the New Hanover County Unified Development Ordinance that updates the county’s tree retention standards, standardizes and coordinates open space requirements, modernizes setback and residential height requirements, refines landscaping and buffering standards, updates parking standards, provides for clear and consistent use permissions and standards, and adds Erosion and Sedimentation Control ordinance provisions. I find it to be CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that reflect the plan’s recommended place types and development patterns and encourages plan goals of infill and redevelopment and conservation of environmentally critical areas. I also find APPROVAL of the proposed amendment reasonable and in the public interest because it includes the zoning tools essential to address the Comprehensive Plan’s listed goals and provides for clearer and more consistent standards. Planning Board - October 1, 2020 ITEM: 4 - 2 - 7 TA19-01 Staff Report PB 7.9.2020 Page 8 of 8 Subject Articles and Sections Article 2: Measurements and Definitions • Section 2.1: Measurements • Section 2.3: Definitions and Terms Article 3: Zoning Districts • Section 3.1: General o Section 3.1.3, Superseding Dimensional Standards • Section 3.2: Residential Zoning Districts o Section 3.2.4, Rural Agricultural (RA) District o Section 3.2.5, Airport Residential (AR) District o Section 3.2.6, Residential 20S (R-20S) District o Section 3.2.7, Residential 20 (R-20) District o Section 3.2.8, Residential 15 (R-15) District o Section 3.2.9, Residential 10 (R-10) District o Section 3.2.10, Residential 7 (R-7) District o Section 3.2.11, Residential Moderate-High Density (R-5) District o Section 3.2.12, Residential Multi-Family Low Density (RMF-L) District o Section 3.2.13, Residential Multi-Family Moderate Density (RMF-M) District o Section 3.2.14, Residential Multi-Family Medium-High Density (RMF-MH) District o Section 3.2.15, Residential Multi-Family High Density (RMF-H) District • Section 3.3: Mixed Use Zoning Districts o Section 3.3.6, Exceptional Design (EDZD) Planned Development District o Section 3.3.7: Planned Development (PD) District Article 4: Uses and Use-Specific Standards • Section 4.2: Allocation of Principal Uses o Section 4.2.1: Principal Use Permissions • Section 4.3: Standards for Specified Principal Uses • Section 4.4: Accessory Use and Structure Standards • Section 4.5: Temporary Use Standards Article 5: General Development Standards • Section 5.1: Parking and Loading • Section 5.3: Tree Retention • Section 5.4: Landscaping and Buffering • Section 5.8: Open Space Requirements Article 6: Subdivision Design and Improvements • Section 6.2: Design Standards Article 8: Erosion and Sedimentation Control Planning Board - October 1, 2020 ITEM: 4 - 2 - 8 Topic Source Comment Response Tree Retention Earla Pope, Resident and member of Comprehensive Plan Citizen Advisory Committee (See attached full comments.) “Please retain the ‘Purpose and Intention’ listing of the regulations pertaining to tree retention” to make the intent more clear for code users. While staff recognizes that the retention of trees provides benefits, including the slowing of flood waters, which is referenced in the email, including policy language in a technical standards section of the code can be confusing for less frequent code users as it is not legally binding and is intended to only provide background and guidance. General purpose and intent language for the Unified Development Ordinance is included in Section 1.3, General Purpose and Intent, and additional language regarding the intent of the standards and amendments will be included in the staff report and the official order signed by the Chair of the Board of Commissioners if the amendment is adopted. No change has been made to the amendment in response to this comment. “Another less specific omission that seems to be lacking within the Ordinances is the important of groups of wetland trees in high wind storms…close group of trees have interlocking roots that are very important in withstanding winds.” From subsequent correspondence: “It’s the great oaks that benefit most from these group stands. Isolated individual specimens don’t stand much chance after their roots have already been so disturbed by typical land clearing machinery.” In recognition that clusters or stands of trees provide important benefits to the residents and are more resilient to storm events, incentives for protecting existing tree clusters or canopy is provided in the draft Open Space amendment. Additional incentives have been added to the draft Tree Retention amendment to incentivize retention of clusters of trees to better support these efforts. Allison Engebretson, Landscape Architect “Tree protection fencing Section 5.3.6.B The requirement for tree protection to be durable construction may require additional clarification. Typically, tree protection is not a barricade, but a warning to construction workers/vehicles and a way to keep vehicles out of the area around a protected tree. As such, the tree protection does not need to be durable, just visible and maintained. If I understand the ordinance, it would prevent the use of orange safety fence, the standard material for tree protection, from being used. I am not sure if that is your intent or not.” Section 5.3.6.B has been revised to read “Prior to any clearing, grading, or construction activity, approved tree protection fencing, such as safety barrier fencing, wooden slat snow fence, or wire fence, shall be installed around protected trees or tree stands located in construction areas or other site areas that will be disturbed by construction activities.” Open Space Dan Weeks, Landscape Architect (phone call so comments are not verbatim) A reference to the open space requirements may be needed in 3.1.3.D, Performance Residential Development to clarify that there are no provisions Reference has been added. It would be easier for site designers to find the information they need if open space percentages were included in the District Dimensional Standards tables for each district. Because the open space set-aside requirement is the same for every zoning district except EDZD, those standards are included in Section 5.8, Open Space Requirements in keeping with the current Unified Development Ordinance formatting practices and to avoid potential future conflicts. If this proves to be more difficult for code users, then supplementary summary documents can be provided on the Planning website. No change has been made to the amendment in response to this comment. Requiring more than one type of open space set-aside feature for a project may support better project design. Based on staff review, current provisions that outline required types of open space set-asides do not necessarily correlate to better project design on all sites. The amendment is intended to allow greater flexibility in open space set-aside requirements in order to better protect sensitive areas and allow the site features and market to determine the most appropriate types of open space amenities. Staff will monitor the effectiveness of these provisions if the amendment is adopted, but no change has been made to the amendment in response to this comment. Open space features in a project should be integrated. Proposed Section 5.8.6.C, Configuration is revised to read “Open Space set-asides shall be contiguous and integrated, unless a different configuration is needed to continue an existing trail or accommodate preservation of natural features.” Planning Staff (based on stakeholder questions) The exemption provision regarding master planned developments is not clear. Proposed Section 5.8.1.B, Exemptions is revised to read “Single-family and two-family dwellings and mobile homes on individual lots of records or that are created as part of minor or exempt subdivision.” Uses & Standards Donna Girardot, Planning Board (in person comment—not verbatim) Has learned that there is an unintended discrepancy between the county’s building separation standards, as listed in Section 3.1.3, and the North Carolina Building Code. The separation requirements have been updated to be in line with the North Carolina Building Code. Planning Board - October 1, 2020ITEM: 4- 3 - 1 Name Earla Pope Email earlapope@bellsouth.net Please enter any other comments about the project below: Planning Board, I have been a citizen of New Hanover County since 1982. I live in the Wrightsboro community near Castle Hayne Road, an area with extensive recent clearing of trees, some of it adjoining my home site. In 2014 I of was one of the Citizen's Advisory Committee, of 12 who helped formulate the original Comprehensive Plan with guidance from the Planning Dept. It was adopted by the County in 2016. I had been the citizen elected from a group of citizens to represent "Harmony with Nature." It was the beginning of the process that would result in the Unified Development Ordinance. When I signed that initial document there were 20 main goals for future development listed in the Comprehensive Plan. Goal #1 was Promote environmentally responsible growth. Goal #6 was Conserve environmentally critical areas. Goal #15 was Link natural habitats. By the time the Planning Board began to meet and to work on what would result in concrete, workable Unified Development Ordinance I think those goals have been diminished and maybe lost in the process. There are citizens speaking up for respecting the importance of the salt water areas and the tidal creeks, but what I've seen of protection of the Northeast Cape Fear River tributaries in northwestern New Hanover County needs some attention. Hardwood wetland forests are important. Retention ponds, especially those with no surrounding vegetation, are not an adequate substitute for wooded buffer strips on banks of streams. I'm grateful that we have a couple of staff members that try to work with developers and with the State and the CAMA land use maps. It must be challenging. I urge the Planning Board and departmental staff, above all other actions, to please not weaken any of the proposed changes to the tree retention ordinances and ordinances pertaining to infill and buffering. One specific suggestion, however, is that under Tree Retention, Section 5.3.1, Please retain the 'Purpose and Intention' listing of the regulations pertaining to tree retention. Even though these have been judged to be redundant because they are also stated in the current Comprehensive Plan, I doubt that persons applying for a permit and wrestling with the Ordinance compliance are going to be able to recite them. It's only a few short lines. Protection against flooding bears repeating. Another less specific omission that seems to be lacking within the Ordinances is the importance of groups of wetland trees in high wind storms. After Hurricane Fran in 1996, UNCW was advised that there would be a lot less loss of the long leaf pines if they had paid greater attention to having them grouped instead of having solitary specimens. I've been told by arborists that the close groups of trees have interlocking roots that are very important in withstanding winds. Sweet gums are not listed among the desirable native species for buffers or near buildings. But my experience is there are none better in groves for withstanding tree toppling. My final suggestion for the Planning Dept. is please hire an arborist whenever the budget might allow. Earla Pope 149 Chadwick Ave. Wilmington NC 28401 Planning Board - October 1, 2020 ITEM: 4 - 4 - 1 Tree Retention Standards Code Sections Affected Section 2.3, Definitions and Terms Section 5.3, Tree Retention Key Intent • Provide for additional protection for high-value tree species other than live oaks • Establish incentives to protect tree canopy and natural habitat • Incentivize the retention of existing smaller trees Changes • Definitions were added for Native Species and Invasive Species. The definition for Regulated Tree was removed as it is no longer accurate and is covered by the provisions in Section 5.3. (See Section 2.3, Definitions and Terms) • The purpose statement for Section 5.3, Tree Retention was removed as the policy intent is covered by the Comprehensive Plan. (See removed Section 5.3.1, Purpose) • Categories of regulated trees have been adjusted to be more in line with the City of Wilmington and to increase protection of native species (See Section 5.3.4, Tree Retention Standards) o Term Protected Trees has been clarified as Documented Trees to more accurately reflect the regulations that affect them; o Long Leaf Pines, Pond Cypresses, Bald Cypresses, and Hardwoods must be documented at 8 inches Diameter at Breast Height (DBH) rather than 12 inches DBH; o Flowering trees are only considered Significant Trees if they are native species; o Long Leaf Pines, Pond Cypresses, and Bald Cypresses are considered Significant Trees at 18 inches DBH rather than 24 inches DBH; o Pond Cypresses and Bald Cypresses have been added as Specimen Trees due to their longevity; and o Sweetgums are only regulated when they are located within required vegetative buffer areas or required open space, as their vulnerability to limb breakage during storms warrants greater flexibility in open areas or near buildings. • New incentives for retaining trees have been added (See Section 5.3.8, Mitigation), including: o Reductions in required parking spaces (up to a 15% reduction), o Allowing existing unregulated or Documented trees and natural tree clusters to count for tree mitigation, with native species, mature forests, and natural clusters of primarily native species counting for additional mitigation, and o Additional incentives are provided by proposed Section 5.8, Open Space Requirements. The proposed amendment also includes clarifications to ensure consistency with state law, new terminology, current practice (such as for tree inventories), and unclear provisions (e.g. the size required for replacement trees). Planning Board - October 1, 2020 ITEM: 4 - 5 - 1 2020-09 Planning Board Draft-Tree Retention P a g e 1 | 6 Section 2.3 Definitions and Terms Native Species A species of tree or other plant that evolved naturally in Southeastern North Carolina without human intervention as identified by the North Carolina Extension Service or US Department of Agriculture. Invasive Species A species of tree or other plant listed as a nonnative invasive plant by the US Department of Agriculture, Forest Service. Tree, Regulated Those trees of the size, species, and location to be protected under the development provisions of Section 5.4, Landscaping and Buffering. 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 and 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. 5.3.21 Applicability The standards of this section shall apply to all lands and development under the County’s zoning jurisdiction except the following: 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 that is prepared or approved by a forester registered in accordance with Chapter 89B, N.C.G.S., C. Any lot of record that is less than one acre in area and located in a residential zoning district; Common examples will be listed in technical manual. Purpose statements are being removed as policy intent is covered by the Comprehensive Plan. Planning Board - October 1, 2020 ITEM: 4 - 6 - 1 2020-09 Planning Board Draft-Tree Retention P a g e 2 | 6 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 they are subject to an Additional Dwelling Unit Allowance special use permit or MDP Master Plan; and F. Trees that are subject to the requirements of this section, but that are demonstrated to be dead, dying, or diseased by greater than 50 percent, as a result of natural factors. 5.3.32 Forestry and Property Clearing A. A letter of exemption for timber harvest or other exempted forestry activity must shall be issued by the Planning Director prior to the removal of any documented, significant, or specimen trees subject to the requirements of this section, regulated or significant tree based on proof of exemption in accordance with N.C.G.S. 153A-452 160D-921. B. While exempted forestry activities are not subject to the tree retention requirements of this section, failure to obtain an exemption to 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 documented, significant, or specimen 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 these County regulations. 5.3.3 Tree Inventory Trees existing on a site at the time of development that are required to be retained or replaced in accordance with this section shall be inventoried by a cover type survey conducted by point sampling, fixed plot sampling, field survey or other method approved by the Planning Director. Areas that will not be disturbed shall be delineated as such and do not require inventorying individual trees. 5.3.4 Tree Retention Standards A. Identification of Regulated Trees 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 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. Three types of trees are regulated or protected by this section. They are Documented Trees, Significant Trees, and Specimen Trees. This categorization of trees is based on the tree species and existing minimum Diameter at Breast Height (DBH) of the trees. Documented Trees, Significant Trees, and Specimen Trees regulated or protected by this section are identified in Table 5.3.4.A: Regulated Trees. Planning Board - October 1, 2020 ITEM: 4 - 6 - 2 2020-09 Planning Board Draft-Tree Retention P a g e 3 | 6 Table 5.3.4.A: Regulated Trees Regulated Tree Type Minimum Diameter at Breast Height (DBH) Documented Trees Dogwoods and American hollies 4 inches Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 8 inches Other Conifers 12 inches Significant Trees Dogwoods, Magnolias, Native Flowering Trees, and American Hollies 8 inches Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 18 inches Other Conifers 24 inches Specimen Trees Live Oaks, Pond Cypress, and Bald Cypress 36 inches *Only includes Sweetgums when they are located within required vegetative buffer areas or required open space set-asides. 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 or two caliper inches, as applicable, shall be retained or planted on the a parcel where development occurs for each acre or proportionate area disturbed by development in accordance with Section 5.4, Landscaping and Buffering. 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 of Section 5.4.3, Transitional Buffer Standards. In all cases, existing trees (unless invasive) greater than eight inches DBH shall not be removed from a 20-foot buffer strip, unless the Planning Director determines removal of such trees is necessary for the installation of utilities or other required essential improvements. The retention requirements in this section shall not apply to existing trees or shrubs identified as invasive species, as defined in this Ordinance. Planning Board - October 1, 2020 ITEM: 4 - 6 - 3 2020-09 Planning Board Draft-Tree Retention P a g e 4 | 6 5.3.5 Tree Removal Permit A. Unless a waiver, exemption, or exception applies in accordance with Section 5.3.1, Applicability or 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 Standards, 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 Section 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. 5.3.86 Tree Protection During Development Construction A. Existing trees specified on the required landscape plan to remain retained 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 design identified on the required landscape plan. 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. B. Prior to any clearing, grading, or construction activity, approved tree protection fencing, such as safety barrier fencing, a wooden slat snow fence or wire fence, shall be installed around protected trees or tree stands located in construction areas or other site areas that will be disturbed by construction activities. The fencing shall be a minimum of four feet in height and be of durable construction. Tree protective fencing shall remain in place through completion of construction activities. C. No construction workers, tools, materials, or vehicles are permitted within the tree protection fencing. D. If a regulated tree an existing tree retained to comply with the standards of this section 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 retained tree. A minimum growing area of 144 square feet shall be provided for each replacement tree. If the Planning Director determines it is infeasible 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. 5.3.67 Mitigation The removal of any significant tree shall be mitigated in accordance with the following standards: Update to current 5.3.7.C Update to current 5.3.7.A & 5.3.7.C Current 5.3.7.D Current 5.3.7.B Planning Board - October 1, 2020 ITEM: 4 - 6 - 4 2020-09 Planning Board Draft-Tree Retention P a g e 5 | 6 A. When Significant Trees are authorized for removal by a tree removal permit or Specimen Trees are authorized for removal by a variance, they shall be replaced at a rate of 2.0 times the caliper inches at DBH removed, except as provided in subsection D below and Section 5.3.8, Optional Incentives for Retaining Trees. 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. Each replacement tree shall be a minimum of 2-inch caliper size at time of planting. C. Replacement trees should reflect the type (e.g., hardwood, flowering, evergreen, deciduous, canopy, understory, etc.) of tree being removed to the maximum extent practicable based on the compatibility of the species with proposed buildings and infrastructure, existing environmental conditions, and diversity of tree species. D. If the Planning Director determines it is infeasible for a portion or all of the replacement tree(s) to be accommodated on the site, the Planning Director may direct that an in-lieu fee be paid to the County’s Tree Improvement Fund. 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. 5.3.8 Optional Incentives for Retaining Trees A. The retention of existing trees on a site is encouraged. As an incentive to encourage the retention of as many existing trees and existing tree stands on a site as possible, the following credits may be applied to all existing non- invasive trees in good health and condition that are retained on a site to protect tree canopy, native species, and existing natural habitat and as long as the applicable standards of this section are fully met. 1. One parking space from the minimum number of parking space required by Table 5.1.4.A: Minimum Off-Street Parking, may be credited for every three existing Documented Trees or two existing Significant Trees retained on a site, up to a maximum of a 15 percent reduction of the parking requirements. 2. Retention of existing unregulated or Documented Trees a minimum of 2 inches DBH counts for mitigation of the removal of Significant Trees with every caliper inch at DBH retained counting for one mitigation inch. 3. Retention of existing unregulated or Documented Trees a minimum of 2 inches DBH counts for the mitigation of Significant Trees or Specimen Update of current 5.3.6.A (see A above) Planning Board - October 1, 2020 ITEM: 4 - 6 - 5 2020-09 Planning Board Draft-Tree Retention P a g e 6 | 6 Trees removed with an approved variance, with every caliper inch at DBH retained counting for one mitigation inch for Specimen Trees and 1.5 mitigation inch for Significant Trees. 4. Retention of existing trees growing in mature native forests, as determined by a certified arborist or a North Carolina licensed forester, counts for mitigation of the removal of Significant Trees or Specimen Trees removed with an approved variance, with every aggregate inch at DBH counting for one mitigation inch for Specimen Trees and 1.5 mitigation inch for Significant Trees. 5. Retention of existing trees growing in stands or natural clusters, as determined by a certified arborist or a North Carolina licensed forester, counts for the mitigation of Significant Trees or Specimen Trees removed with an approved variance, with every aggregate inch at DBH retained counting for one mitigation inch for Specimen Trees, 1.5 mitigation inch for Significant Trees if primarily composed of native species, and 1.0 mitigation for Significant Trees if primarily non-native species. B. If a retained Documented Tree or Significant Tree or tree retained for mitigation purposes dies within three years of the date of construction on the site, it shall be replaced in accordance with Section 5.3.8, Mitigation. 5.3.89 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. Planning Board - October 1, 2020 ITEM: 4 - 6 - 6 Open Space Standards Code Sections Affected Section 2.3, Definitions and Terms Section 3.1.3, Superseding Dimensional Standards Section 3.2.12, Residential Multi- Family Low Density (RMF-L) District Section 3.2.13, Residential Multi- Family Moderate Density (RMF-M) District Section 3.2.14, Residential Multi- Family Medium- High Density (RMF- MH) District Section 3.2.15, Residential Multi- Family High Density (RMF-H) District Section 3.3.6, Exceptional Design (EDZD) Planned Development District Section 5.8, Open Space Requirements Key Intent • Consolidate existing open space standards into one section of the UDO • Provide consistent open space provisions regarding calculation methods and amounts and types required • Establish clear descriptions for types of open space that meet ordinance requirements • Coordinate with efforts in Tree Retention standards to incentivize protection of existing tree canopy and native species Changes • Definitions for existing open space categories are removed. (See Section 2.3, Definitions and Terms) • Open space standards particular to performance residential development, projects with additional dwelling unit special use permits, EDZD districts, and RMF districts have been removed. (See Section 3.1.3, Superseding Dimensional Standards; Sections 3.2.12, 3.2.13, 3.2.14, and 3.2.15 for RMF districts; Section 3.3.6, Exceptional Design (EDZD) Planned Development District) • Open space standards are applicable to both residential and mixed-use development. (See Section 5.8.1, Open Space Requirements) • Open space set-asides for performance residential projects are set at 20%, at 10% for conventional subdivisions, and at 15% for all mixed-use projects, except for in EDZD districts, which requires 35%. The proposed percentages are intended to result in similar amounts of open space set- asides as current requirements given the proposed changes to areas that qualify as described below and in Section 5.8.4. (See Section 5.8.3, Open Space Set-Aside Standards) • Eight types of open space are allowed to meet set-aside standards. (See Section 5.8.4, Areas Counted Toward Open Space Set-Aside Standards) o Natural areas, including wetlands, can be used to meet open space set-asides and have highest priority. o Long leaf pine stands or old growth forest count as double the open space set-aside. o Required landscaped areas and buffers, most elements of stormwater management areas, community water access, and plazas can count as open space in addition to recreation areas. The amendment also clarifies open space requirements for performance residential developments, design standards, types of development permitted within set-asides, ownership and management requirements, and provisions for payments in-lieu of dedication. Planning Board - October 1, 2020 ITEM: 4 - 7 - 1 2020-09 Planning Board Draft-Open Space P a g e 1 | 18 Section 2.3 Definitions and Terms 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. Recreation Open Space Land set aside, dedicated, or reserved 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. 3.1.3 Superseding Dimensional Standards D. Performance Residential Development 5. Open Space Open space set-aside provisions are outlined in Section 5.8, Open Space Requirements. 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. E. Additional Dwelling Allowance 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 gross base site area (see subsection 1 above) that shall be either set aside as open space or improved recreational land in accordance with the standards of Section 5.8, Open Space Requirements. Table 3.1.3.E.3.a.1: Required Minimum Open Space for Projects with Additional Dwelling Unit Special Use Permit or Improved Recreational Land District Minimum Open Space or Improved Recreational Land [1] R-20 50% R-15 35% R-10 20% GPD 35% O&I 35% NOTES: [1] As a percentage of the base site area. Planning Board - October 1, 2020 ITEM: 4 - 8 - 1 2020-09 Planning Board Draft-Open Space P a g e 2 | 18 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 main 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. 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. Planning Board - October 1, 2020 ITEM: 4 - 8 - 2 2020-09 Planning Board Draft-Open Space P a g e 3 | 18 3.2.12 Residential Multi-Family Low Density (RMF-L) District 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 3.2.13 Residential Multi-Family Moderate Density (RMF-M) District 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 Planning Board - October 1, 2020 ITEM: 4 - 8 - 3 2020-09 Planning Board Draft-Open Space P a g e 4 | 18 3.2.14 Residential Multi-Family Medium-High Density (RMF-MH) District 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 3.2.15 Residential Multi-Family High Density (RMF-H) District E. 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 Planning Board - October 1, 2020 ITEM: 4 - 8 - 4 2020-09 Planning Board Draft-Open Space P a g e 5 | 18 3.3.6 Exceptional Design (EDZD) Planned Development District E. Other District Standards 6. Open Space Open space shall be provided within all exceptional design zoning districts and except as provided in subsection c below, shall equal a minimum of 35 percent of the gross site area of the district. A minimum 35 percent of the gross area of each EDZD district established shall be set aside as open space in accordance with the standards in Section 5.8, Open Space Requirements. 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 maintenance schedule for the pet waste stations shall be implemented. Planning Board - October 1, 2020 ITEM: 4 - 8 - 5 2020-09 Planning Board Draft-Open Space P a g e 6 | 18 Section 5.8 Open Space Requirements 5.8.1 APPLICABILITY A. General Unless exempted in accordance with subsection B below, all new residential and mixed- use development shall comply with the standards in this section. B. Exemptions The following development is exempt from the standards in this section: 1. Single-family and two-family dwellings and mobile homes on individual lots of record or that are created as part of minor or exempt subdivisions; 2. Development where the total minimum open space set-aside required in accordance with this section, including all phases of development, would be 10,000 square feet or less and cannot be combined with designated open space areas, conservation areas, or parks located on adjacent property. 5.8.3 OPEN SPACE SET-ASIDE STANDARDS Except in the EDZD district, all development subject to the standards in this section shall provide the following percent of gross site area as open space set-aside: A. Residential Uses: 1. Conventional Subdivision: 10 percent 2. Performance Residential Project: 20 percent B. Mixed-Use Developments: 15 percent 5.8.4 AREAS COUNTED TOWARD OPEN SPACE SET-ASIDE STANDARDS A. General The features and areas identified as counting towards open space set-asides in Table 5.8.5: Open Space Set-Aside Features, shall be credited towards compliance with the amount of open space set-aside requirements outlined in Section 5.8.4, Open Space Set-Aside Standards. Current 6.3.3.G.3 These percentages are intended to provide similar amounts of open space as currently required, given the proposed changes to the areas that qualify as open space as described in 5.8.4. Planning Board - October 1, 2020 ITEM: 4 - 8 - 6 2020-09 Planning Board Draft-Open Space P a g e 7 | 18 Table 5.8.5: Open Space Set-Aside Features Areas Counted as Common Open Space Set-Asides Description Design and Maintenance Requirements Natural Features Lakes, rivers, streams, ponds, wetlands, other riparian areas, flood hazard areas, natural vegetation, and wildlife habitat areas (see Section 5.7, Conservation Resources; Section 5.3, Tree Retention; and Article 9, Flood Damage Prevention) • Preservation of any existing natural features and flood hazard areas shall have highest priority for locating open space set-asides • Maintenance is limited to the minimum removal and avoidance of hazards, nuisances, and unhealthy conditions • Preservation of existing stands of long leaf pine or old growth forest as determined by a certified arborist will count as double the acreage for purposes of meeting the open space requirements in 5.8.4, Open Space Standards Passive Recreation (Formal Plantings and Gardens) Formally planned and regularly maintained open areas that provide passive recreation opportunities, including arranged plantings, gardens, community gardens, green roofs, gazebos, and similar structures Formal plantings and gardens shall have at least one direct access to a building or to a street, bikeway, or walkway accessible to the development’s occupants and users Required Landscape Areas All areas occupied by required landscape areas, tree protection areas, vegetative screening, and water quality buffers, except landscape areas within parking lots See Section 5.4, Landscaping and Buffering Stormwater Management Areas Treated as Site Amenities Planning Board - October 1, 2020 ITEM: 4 - 8 - 7 2020-09 Planning Board Draft-Open Space P a g e 8 | 18 The land area occupied by stormwater management facilities (including retention and detention ponds and other bioretention devices). Qualifying stormwater management facilities should be designed as much as practicable to support passive recreation uses by including gentle slopes (less than 3:1) and vegetative landscaping and should be accessible to the development’s occupants. Access Easements with Paths or Trails Access easements that include paths or trails that are available for passive recreational activities such as walking, running, and biking Such access easements shall include at least one improved access from a street, sidewalk, or trail that includes signage designating the access point Active Recreational Areas Land occupied by areas and facilities used for active recreational purposes, such as ballfields, playgrounds, tennis courts, pools, jogging trails, and community buildings and clubhouses, and land dedicated for parks. • Land shall be contiguous unless used to link or continue an existing or planned open space resource • Areas shall have at least one direct access to a building or to a street, bikeway, or walkway accessible to the public or the development’s occupants and users Community Water Access Piers, boardwalks, and/or land area associated with approved community boating facilities. All qualifying access areas shall be available to all residents of the development for use. Squares, Forecourts, and Plazas Planning Board - October 1, 2020 ITEM: 4 - 8 - 8 2020-09 Planning Board Draft-Open Space P a g e 9 | 18 Open areas immediately in front of a building or framed by buildings or streets that provide gathering places, opportunities for outdoor dining, etc. • A square, forecourt, or plaza shall be at least 200 square feet, but no more than one acre, in area. • A square, forecourt, or plaza shall have at least one direct access to a principal building, or to a street, bikeway, or walkway accessible to the public or the development’s occupants and users. • Surrounding principal buildings shall be oriented toward the square, forecourt, or plaza B. Not Counted as Open Space The following areas shall not be counted as open space set-aside areas: 1. Private yards and all areas within private residential lots; 2. Street rights-of-way or private access easements, including sidewalks located within those rights-of-way or easements; 3. Open parking areas and driveways; 4. Land covered by structures unless designated above in Table 5.8.5; 5. Designated outdoor storage areas; 6. Stormwater conveyance features (e.g. swales and drainage ditches) not incorporated into natural feature areas, landscaping, or passive recreation areas; and 7. Parking lot interior landscaping. C. Access 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. 5.8.6 DESIGN STANDARDS A. Location Open space set-asides shall be located so they are readily accessible by occupants and users of the development. In residential subdivisions, open space set-asides shall be located within one-half mile of all residential lots, to the maximum extent practicable. Current 5.8.2 Planning Board - October 1, 2020 ITEM: 4 - 8 - 9 2020-09 Planning Board Draft-Open Space P a g e 10 | 18 B. Accessibility 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. C. Configuration 1. Open space set-asides shall be integrated and contiguous, unless a different configuration is needed to continue an existing trail or accommodate preservation of natural features. 2. If the development site is adjacent to existing or planned public trails, parks, or other public open space area, the open space set-asides shall, to the maximum extent practicable, be located to adjoin, extend, and enlarge the trail, park, or other public open space area (see Figure 5.8.6.B: Example Open Space Set- Aside Configuration). 3. Pedestrian access to open space set-asides intended for recreation shall be provided from sidewalks or other pedestrianways within the development. Figure 5.8.6.B: Example Open Space Set-Aside Configuration D. Permitted Development within Open Space Set-Aside Development within an open space set-aside shall be in accordance with the purposes and description of the type(s) of open space set-aside. Where appropriate, such development may include, but is not limited to, walking, jogging, and biking paths or trails; benches or other seating areas; meeting areas; tables, shelters, grills, and other picnic facilities; docks and other facilities for fishing; environmental education guides and exhibits; gazebos and other decorative structures; fountains or other water features; play structures for children; gardens or seasonal planting areas; pools; athletic fields and courts; and associated clubhouses. Current 5.8.2 Planning Board - October 1, 2020 ITEM: 4 - 8 - 10 2020-09 Planning Board Draft-Open Space P a g e 11 | 18 E. Flexibility in Administration Authorized 1. The approval body is authorized to permit minor deviations from amount, size, location, and nature of open space set-aside 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 facilities proposed, it would be unreasonable to require strict adherence to these standards. 2. Whenever the approval body 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. 5.8.7 OWNERSHIP, MANAGEMENT, AND MAINTENANCE A. General Open space set-asides shall be managed and maintained as permanent open space through one or more of the following options: 1. Retention of open space set aside areas by the developer; 2. Conveyance of open space set-aside areas to a property owners’ or homeowners’ association established in accordance with the requirements of Section 6.4.4, Property Owners’ Association (POA), that holds the land in common ownership and will be responsible for managing and maintain the land for its intended open space purposes. 3. Conveyance of open space set-aside areas to a third party beneficiary such as an environmental or civic organization that is organized for, capable of, and willing to accept responsibility for managing and maintain the land for its intended open space purposes in perpetuity; 4. Transfer to the County, for use as open space or other recreation area, provided the County consents to the transfer; or 5. Establishment of easements on those parts of individually-owned lots including open space set-aside areas that require the areas to be managed consistent with the land’s intended open space purposes and prohibit any inconsistent future development, in perpetuity. B. Responsibility for Managing and Maintaining Responsibility for managing and maintaining open space set-asides rests with the owner of the land of the open space set-asides. Failure to maintain open space set-asides in accordance with this section and the development approval or permit shall be a violation of this Ordinance. 5.8.8 PAYMENTS IN-LIEU OF DEDICATION A. As part of a conditional rezoning, master development plan, special use permit, or major residential subdivision consideration, the approval body may authorize a payment in-lieu of dedication for all or a portion of the required open space when such is determined to be in the best interest of the citizens of the areas to be served. Criteria to be used in this determination shall include: Update of provisions in current 6.3.3.G.4.m Update of provisions in current 6.3.3.G.3 and 6.3.3.G.4.n Updates current 6.3.3.4.o Planning Board - October 1, 2020 ITEM: 4 - 8 - 11 2020-09 Planning Board Draft-Open Space P a g e 12 | 18 1. The value the amount of land required to be retained as open space would provide to residents or the surrounding community; 2. Any limits the shape, topography, or unique site constraints would place on the usability or community benefit of the open space; 3. The impact of insurance and maintenance costs on the affordability of proposed residential units; and 4. The existing recreation and open space available for residents of the proposed development. B. If the approval body authorizes the payment in-lieu of dedication, the amount of such payment shall be the product of the number of acres to be dedicated and the average fair market value of the land being subdivided at the time of the submission of the application. The fair market value of the land shall be determined based on the value of the land for property tax purposes and other relevant information. C. All monies received by the County in accordance with this section shall only be in accordance with the provisions of NCGS 160D, Article 13, Part I. Open Space Acquisition to benefit the general area (northern unincorporated New Hanover County or southern unincorporated New Hanover County) where the proposed projected is located. D. If a payment in-lieu of dedication is authorized, such payment shall be made before final zoning compliance approval of single-property development or before the final plat approval of a 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. 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 with 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. See 5.8.5.C & 5.8.6. B Planning Board - October 1, 2020 ITEM: 4 - 8 - 12 2020-09 Planning Board Draft-Open Space P a g e 13 | 18 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: 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. ARTICLE 6: SUBDIVISION DESIGN AND IMPROVEMENTS Section 6.3 Improvements 6.3.3 REQUIRED IMPROVEMENTS 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 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. Planning Board - October 1, 2020 ITEM: 4 - 8 - 13 2020-09 Planning Board Draft-Open Space P a g e 14 | 18 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 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; 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 tracts 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 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 Updates to this section included in proposed 5.8.8 Planning Board - October 1, 2020 ITEM: 4 - 8 - 14 2020-09 Planning Board Draft-Open Space P a g e 15 | 18 The portion of dedicated land to be used for active recreation shall be of a shape that can be usable for active recreational facilities, including 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, such as walking paths, piers, picnic areas, and other passive recreation 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 required. (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 Planning Board - October 1, 2020 ITEM: 4 - 8 - 15 2020-09 Planning Board Draft-Open Space P a g e 16 | 18 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, 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, Updates to this section included in proposed 5.8.7 Updates to this section included in proposed 5.8.8 Planning Board - October 1, 2020 ITEM: 4 - 8 - 16 2020-09 Planning Board Draft-Open Space P a g e 17 | 18 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. 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, Planning Board - October 1, 2020 ITEM: 4 - 8 - 17 2020-09 Planning Board Draft-Open Space P a g e 18 | 18 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 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. Updates to this section included in proposed 5.8.2. F Planning Board - October 1, 2020 ITEM: 4 - 8 - 18 Setback and Height Requirements Code Sections Affected Section 3.1.3, Superseding Dimensional Standards Section 3.2.4, Rural Agricultural (RA) District Section 3.2.5, Airport Residential (AR) District Section 3.2.6, Residential 20S (R- 20S) District Section 3.2.7, Residential 20 (R- 20) District Section 3.2.8, Residential 15 (R- 15) District Section 3.2.9, Residential 10 (R- 10) District Section 3.2.10, Residential 7 (R-7) District Section 3.2.11 Residential Moderate-High Density (R-5) District Key Intent • Establish best-practice standard setbacks for commercial and industrial buildings adjacent to residential properties to replace method based on an arbitrary multiplier applied to building height in order to increase predictability • Adjust height standards in residential districts to accommodate changing construction standards and flood-resilient, elevated structures Changes • Current B-1, B-2, O&I, AC, I-1, and I-2 district setbacks from residential properties that are based on building height are replaced with standard setbacks similar to those in the City of Wilmington and other suburban communities (See Table 3.1.3.C.3 in Section 3.1.3, Superseding Dimensional Standards) • Existing provisions that allow reductions in setbacks if additional vegetative buffers are provided have been removed from B-1, B-2, and O&I as they no longer work with the proposed standard setbacks and are now only allowed in the AC, I-1, and I-2 districts (no change to minimum setback allowed). (See Section 3.1.3.C.3) • Building height maximums in residential districts have been increased from 35 feet to 40 feet to accommodate changes in construction standards and market demand (See Section 3.2.4; Section 3.2.5; Section 3.2.6; Section 3.2.7; Section 3.2.8; Section 3.2.9; Section 3.2.10; Section 3.2.11) • Structures elevated on open foundations (piers, posts, columns, or piles) in residential districts have a maximum height of 44 ft., regardless of whether they are included in a Special Flood Hazard Area or other flood zones (See Section 3.2.4; Section 3.2.5; Section 3.2.6; Section 3.2.7; Section 3.2.8; Section 3.2.9; Section 3.2.10; Section 3.2.11) The proposed amendment also simplifies the title of Table 3.1.3.C.3 and updates references to transitional buffer standards due to the proposed amendment of Section 5.4, Landscaping and Buffering. Planning Board - October 1, 2020 ITEM: 4 - 9 - 1 2020-09 Planning Board Draft-Setbacks P a g e 1 | 1 3.1.3 Superseding Dimensional Standards 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 Properties, 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 existing 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 the AC, I-1, and I-2 districts in accordance with Section 5.4.43, Transitional Buffers Standards, 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 cases less than”). Table 3.1.Table 3.1.Table 3.1.Table 3.1.3.C.3.C.3.C.3.C.3333: Interior Side and Rear Setbacks from : Interior Side and Rear Setbacks from : Interior Side and Rear Setbacks from : Interior Side and Rear Setbacks from AbuttingAbuttingAbuttingAbutting Residential Residential Residential Residential Use or Platted Lot in Residential DistrictUse or Platted Lot in Residential DistrictUse or Platted Lot in Residential DistrictUse or Platted Lot in Residential District PropertiesPropertiesPropertiesProperties Zoning DistrictZoning DistrictZoning DistrictZoning District Side SetbackSide SetbackSide SetbackSide Setback Rear SetbackRear SetbackRear SetbackRear Setback BBBB----1111 Building height (in feet) multiplied by 2.75, in no case less than 25 feet 25 ft. Building height (in feet) multiplied by 3.73, in no case less than 30 feet 30 ft. BBBB----2222 Building height (in feet) multiplied by 2.75, in no case less than 30 feet 30 ft. Building height (in feet) multiplied by 3.73, in no case less than 35 feet 35 ft. O&IO&IO&IO&I Building height (in feet) multiplied by 2.75, in no case less than 25 feet 25 ft. Building height (in feet) multiplied by 3.73, in no case less than 30 feet 30 ft. ACACACAC Building height (in feet) multiplied by 3.08, in no case less than 35 feet 45 ft., in no case less than 35 ft. Building height (in feet) multiplied by 4.33, in no case less than 40 feet 50 ft., in no case less than 40 ft. IIII----1111 Building height (in feet) multiplied by 2.75, in no case less than 35 feet 50 ft. in no case less than 35 ft. Building height (in feet) multiplied by 4.33, in no case less than 40 feet 50 ft., in no case less than 40 ft. IIII----2222 Building height (in feet) multiplied by 2.75, in no case less than 40 feet 100 ft., in no case less than 40 ft. Building height (in feet) multiplied by 5.14, in no case less than 45 feet 100 ft., in no case less than 45 ft. Planning Board - October 1, 2020 ITEM: 4 - 10 - 1 2020-09 Planning Board Draft-Height P a g e 1 | 4 3.2.4. Rural Agricultural (RA) District 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 40 * 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). *** Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported 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. 3.2.5 Airport Residential (AR) District 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* 40 * Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum height of 44 feet All structures are subject to the height limits Unless otherwise specified in Section 5.10, Airport Height Restriction. Planning Board - October 1, 2020 ITEM: 4 - 11 - 1 2020-09 Planning Board Draft-Height P a g e 2 | 4 3.2.6 Residential 20S (R-20S) 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* 40 * Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported 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. 3.2.7 Residential 20 (R-20) District 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 40 * 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). *** Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported 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. Planning Board - October 1, 2020 ITEM: 4 - 11 - 2 2020-09 Planning Board Draft-Height P a g e 3 | 4 3.2.8 Residential 15 (R-15) District 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 40 * 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). *** Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported 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. 3.2.9 Residential 10 (R-10) District 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 40 * 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). *** Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported 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. Planning Board - October 1, 2020 ITEM: 4 - 11 - 3 2020-09 Planning Board Draft-Height P a g e 4 | 4 3.2.10 Residential 7 (R-7) District 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 40 * 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). *** Structures elevated on open foundations consisting of piers, posts, columns or piles Piling supported 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. 3.2.11 Residential Moderate-High Density (R-5) District E. 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 40 * 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). *** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum height of 44 feet. Planning Board - October 1, 2020 ITEM: 4 - 11 - 4 Landscaping and Transitional Buffer Standards Code Sections Affected Section 5.4, Landscaping and Buffering Key Intent • Align landscaping standards with proposed tree retention standards • Establish clear standards for transitional buffers appropriate in a variety of contexts and with sufficient flexibility to accommodate site-specific requirements • Adjust landscaping standards to support redevelopment of existing properties Changes • The purpose statement for Section 5.4, Landscaping and Buffering was removed as the policy intent is covered by the Comprehensive Plan. (See removed Section 5.4.1, Purpose) • For expansions of existing buildings with less than a 25% increase in floor area or vehicle use area or requiring fewer than 20 parking spaces, the requirement of having 15 trees per acre has been removed, to support redevelopment of existing properties. (See Table 5.4.1.B: Landscaping Upgrade Standards) • The size of trees required to meet landscaping and buffering requirements has been reduced from 3 caliper inches to 2.5 caliper inches unless otherwise specified as the smaller caliper trees are more resilient, reach comparable size as 3-inch trees within one year, and are less expensive. (See Section 5.4.3.2, General Standards) • Transitional buffers are required for industrial uses when adjacent to all residential uses. (See Table 5.4.3.B.1: Required Transitional Buffers) • New approximately 50% opaque Aesthetic Buffers are required between industrial uses and RMF districts and attached or manufactured housing types. (See Tale 5.4.3.B.2: Landscape Buffer Types) • Screening standards have been adjusted to remove the requirement that roof mounted HVAC units must be screened from the view of adjacent properties by a wall and to allow fences for screening of dumpsters and outside storage areas. (See 5.4.4, Screening) • Specific uses, such as agriculture, single family homes, cemeteries, and parks, are excluded from street yard landscaping standards. (See 5.4.6, Street Yard Standards) • List of landscaping plan contents has been removed as application requirements are outlined in the Administrative Manual. (See removed 5.4.9, Required Landscaping Plan) The amendment also clarifies existing standards, such as landscaping upgrade standards, the requirement that existing vegetation used to meet requirements should be in good health and non-invasive, development allowed within buffers, screening requirements, how fractions should be rounded, the size of landscaping islands, and when understory trees can be used in street yard landscaping design. Planning Board - October 1, 2020 ITEM: 4 - 12 - 1 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 1 | 13 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; 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. 5.4.21 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 5.4.21.B: Landscaping Upgrade Standards. Purpose statements are being removed as policy intent is covered by the Comprehensive Plan. Planning Board - October 1, 2020 ITEM: 4 - 13 - 1 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 2 | 13 Table 5.4.Table 5.4.Table 5.4.Table 5.4.22221111.B: Landscaping Upgrade Standards.B: Landscaping Upgrade Standards.B: Landscaping Upgrade Standards.B: Landscaping Upgrade Standards ExpansionExpansionExpansionExpansion Total Trees Total Trees Total Trees Total Trees RequiredRequiredRequiredRequired Street Yard AreaStreet Yard AreaStreet Yard AreaStreet Yard Area Interior Interior Interior Interior Parking Lot Parking Lot Parking Lot Parking Lot LandscapingLandscapingLandscapingLandscaping Transitional Transitional Transitional Transitional Buffer YardBuffer YardBuffer YardBuffer Yard 10 and up to -25 percent increase in gross floor area or vehicle use area, OR Between 5 and -20 new parking spaces required 15 per acre 50 percent of the required width for new construction Four 4 percent of parking lot area A 6-10 ft. tall Ffence or 50 percent of width required for new construction Greater than 25 and up to -50 percent increase in gross floor area, OR Over 10,000 square feet increase in gross floor area, OR 21 up to -50 new parking spaces required 15 per acre Full width to the extent practicable but in no case less than or 50 percent of the required width for new construction 4 percent or 6 percent of parking lot area if possible, but no less than 4 percent A 6-10 ft. tall Ffence or 50 percent of width required for new construction Greater than 50 percent increase in gross floor area or vehicular use area, OR Over 20,000 sq. ft increase in gross floor area, OR More than 50 new parking spaces required 15 per acre Full width required for new construction 8 percent of parking lot area Full width as required for new construction 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 5.4.21.AB for expansions. 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. 5.4.32 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” manual prepared by the County Planning and Land Use Department and incorporated herein by reference (it is -available in the County Planning and Land Use Department), or shall be approved by the new Hanover County Agricultural Extension Service. Unless otherwise specified, any tree planted to meet the Planning Board - October 1, 2020 ITEM: 4 - 13 - 2 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 3 | 13 requirements of this section shall be a minimum of 2.5-inch caliper in size at the time of planting. B. A minimum of 15 trees of at least two inches DBH or two caliper inches, as applicable, shall be retained or planted on a parcel where development occurs for each acre or proportionate area disturbed by the development. Trees retained on the parcel in accordance with Section 5.3, Tree Retention shall count toward this requirement. C. Existing vegetation in good health and condition that meets all applicable standards in this section may be used to satisfy any planting requirements of this section, provided the vegetation and any trees are protected before and during development, in accordance with Section 5.3.7, Tree Protection During Construction. Existing vegetation shall be retained as described in Section 5.3: Tree Retention. D. 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.) E. At all driveways and roadway intersections, uUnobstructed visibility shall be maintained at all driveways and roadway intersections, at elevations between three and seven feet of the pavement level within the driveway or roadway’s sight triangle, or any area required by NCDOT. F. It is encouraged that stormwater management systems be integrated into the landscaping plan. G. 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 is posted and 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. H. 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. 5.4.43 Transitional Buffers Standards A. Purpose 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. Current Section 5.3.4.C Planning Board - October 1, 2020 ITEM: 4 - 13 - 3 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 4 | 13 B. Required Width and Plantings 1. Buffer Types The width of a transitional buffer and the required quantity and type of plantings varies based on the nature of the proposed adjacent uses. Table 5.4.3.B.1: Required Transitional Buffers, establishes the type of buffer that is required between two adjacent land uses. Each buffer type is described in Table 5.4.3.B.2: Landscape Buffer Options. Table 5.4.3.B.1: Required Transitional Buffers Proposed Use Existing Adjacent Use or Zoning District Single-Family Detached or Two-Family (Duplex) Dwelling Units; Undeveloped land in RA, AR, R-20, R- 20S, R-15, R-7, R-10, or R-5 Zoning Districts All other residential uses; RMF Zoning Districts Single-Family Detached or Two- Family (Duplex) Dwelling Units N/A N/A All other residential uses Type A: Opaque Buffer N/A Civic & Institutional and Commercial Uses Type A: Opaque Buffer N/A Industrial Uses Type A: Opaque Buffer Type B: Aesthetic Buffer Transitional buffers shall be provided in accordance with Table 5.4.4.B: Transitional Buffer Standards. TableTableTableTable 5.4.4.B5.4.4.B5.4.4.B5.4.4.B: Transitional Buffer Standards: Transitional Buffer Standards: Transitional Buffer Standards: Transitional Buffer Standards New Development on Subject SiteNew Development on Subject SiteNew Development on Subject SiteNew Development on Subject Site Adjacent PropertyAdjacent PropertyAdjacent PropertyAdjacent Property • Nonresidential uses • Attached residential developments • Mobile home parks • Development with Additional Dwelling Allowance • Planned Developments • Detached or duplex residential structure • Undeveloped land in Residential zoning district • Platted residential lots • Proposed residential lots included within an approved and valid preliminary plat for a major subdivision 2. Minimum Width and Plantings 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. Current 5.4.4.C Planning Board - October 1, 2020 ITEM: 4 - 13 - 4 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 5 | 13 a. The standards for each buffer type are described in Table 5.4.3.B.2: Landscape Buffer Types. b. The width of the required buffer in particular locations may be reduced by up to 50 percent as long as the total area of landscape buffer that is provided is the same as if the width of the buffer were not reduced, and the Planning Director determines that the amount of screening where the width is reduced will be sufficient to accomplish the purposes of this Section 5.4.3. Table 5.4.3.B.2: Landscape Buffer Types Buffer Type Minimum Width and Plantings Required Type A: Opaque Buffer Option 1: Vegetation Only The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3: Zoning Districts, or 20 feet, whichever is greater.** Planted materials shall be a minimum of six feet in height and provide approximately full opacity within one year of planting.* A minimum of three rows of planted material are required. Option 2: Combination Berm & Vegetation The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3: Zoning Districts, or 20 feet, whichever is greater.** The berm shall be constructed of compacted earth. The slope of the berm shall be stabilized with vegetation and shall be no steeper than 3:1. The height of the berm shall be six feet or less with a level or rounded area on top The combined height of the berm and planted vegetation shall provide approximately full opacity to a minimum height of six feet within one year of planting. The height of the berm and vegetation shall be measured from the ground level at the nearest lot boundary line.* Option 3: Combination Fencing & Vegetation The minimum buffer width shall be 50 percent of the minimum required setback as set forth in Article 3: Zoning Districts, or 10 feet, whichever is greater.** Fencing shall be between 6 and 10 feet in height. Required planted materials shall be located between the fence and the common property line unless otherwise specified. If solid fencing is used, planted materials a minimum of three feet in height and providing a minimum of approximately 50 percent visual opacity at initial planting shall be required. Vegetation shall be planted between the fence and the nonresidential or attached structure if the required buffer is 15 ft. or less in width to accommodate regular maintenance.* If permeable fencing is used, a minimum of two rows of planted materials providing approximately full opacity within one year of planting are required.* Type B: Aesthetic Buffer Option A: Vegetation Only Width: 20 ft. minimum Planted materials shall provide approximately 50 percent opacity within one year of planting.* A minimum of three rows of planted material, using a minimum of two plant species that will result in different heights at maturity, are required. Current Table 5.4.4.D Planning Board - October 1, 2020 ITEM: 4 - 13 - 5 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 6 | 13 Table 5.4.3.B.2: Landscape Buffer Types Buffer Type Minimum Width and Plantings Required Option B: Combination Fencing & Vegetation Width: 10 ft. minimum Planted materials shall provide approximately 50% opacity within one year of planting.* Fencing shall be between 4 and 10 feet in height. Planted materials shall be planted between the fence and the industrial use with sufficient space to accommodate regular maintenance. If permeable fencing is used, at least one row of planted materials is required. Chain link or wire fencing cannot be used to meet the fencing requirement. *Plants and spacing to achieve the height and opacity requirements of this buffer option are outlined in the “Tree and Plant Materials for Landscaping” manual. **If the applicant increases the required buffer width, an equivalent reduction in a building’s setback is allowed, except for interior side and rear setbacks from residential properties in the B-1, B-2, and O&I districts. 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. Table 5.4.4.Table 5.4.4.Table 5.4.4.Table 5.4.4.DDDD: Transitional Buffer Types and Specifications: Transitional Buffer Types and Specifications: Transitional Buffer Types and Specifications: Transitional Buffer Types and Specifications TypeTypeTypeType SpecificationsSpecificationsSpecificationsSpecifications Planted Buffer Planted Buffer Planted Buffer Planted Buffer StripStripStripStrip • Planted materials shall be a minimum of six feet in height and provide approximately 100 percent opacity within one year of planting. • Three rows of planted material are required. Combination Combination Combination Combination Planted Buffer Planted Buffer Planted Buffer Planted Buffer Strip and FencingStrip and FencingStrip and FencingStrip and Fencing • Fencing shall be between six and ten feet in height • Planted materials shall be located between the fence and the common property line. • If solid fencing is used, two rows of planted materials a minimum of three feet in height and providing approximately 50 percent visual opacity at initial planting shall be required. • If permeable fencing is used, two rows of planted materials giving approximately 100 percent of visual opacity within one year of planting shall be required. Combination Combination Combination Combination Berm and Berm and Berm and Berm and VegetationVegetationVegetationVegetation • The combined height of the berm and planted vegetation shall be a minimum of six feet and provide approximately 100 percent opacity within one year of planting. • The slope of the berm shall be stabilized with vegetation. The slope shall be no steeper than 3:1. • The height of the berm shall be six feet or less with a level or rounded area on top. • The berm shall be constructed of compacted earth. Planning Board - October 1, 2020 ITEM: 4 - 13 - 6 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 7 | 13 c. If existing trees and shrubs in the location of a required transitional buffer 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 standards of this subsection. Existing trees greater than eight inches DBH shall not be removed from the required buffer area, unless the Planning Director determines removal of such trees is necessary for the installation of utilities or other required essential improvements. The retention requirements in this section shall not apply to existing trees or shrubs identified as invasive species, as defined in this Ordinance. C. Activities and Development Within Buffer 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 permanent structure, whether temporary or permanent. Development within the buffer yard shall be limited to the following: 1. Fences and walls; 2. Retaining walls; and 3. Sidewalks, trails, and bike paths, provided that required opacity is maintained in all locations except connections to off-site sidewalks, trails, or bike paths. 5.4.54 Screening A. The following uses shall be shielded from view from the property line of an existing residential use by means of a 100 percent opaque solid wall: 1. Dumpsters or other trash holding areas; 2. Outside storage areas; 1. Loading/unloading areas; and 2. Heating/air conditioning units, including excluding roof mounted units. B. The following uses shall be screened from view from the property line of an existing residential use by means of a solid fence; 1. Dumpsters or other trash holding areas; and 2. Outside storage areas. C. The following uses shall be screened from the view of any public right-of-way or adjacent property by vegetative materials, berms, fencing, walls, and/or any combination thereof to a height of at least eight feet living or nonliving material, as specified in this section, at least eight feet in height; Current 5.4.4.E Update of Current Section 5.3.4.E Planning Board - October 1, 2020 ITEM: 4 - 13 - 7 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 8 | 13 1. The rear side (if no public access is provided) 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. 5.4.65 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. A. Landscaping in accordance with the standards in this section 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 the requirements outlined in the Administrative Manual Section 5.4.10, Required Landscaping Plan. B. Landscaping shall be required for parking lot perimeters in accordance with the specifications outlined in Table 5.4.65.C: Design Criteria Standards for Parking Lot Perimeter Landscaping, provided that where a perimeter landscaping strip overlays a required street yard or transitional buffer, the more stringent requirements shall apply. Table 5.4.65.C: Design Criteria Standards for Parking Lot Perimeter Landscaping Applicability • A landscaped strip shall be required along any side of a parking lot abutting another parking lot or land in a Residential zoning district . Dimensional Standards • The perimeter landscaping strip shall be a minimum of ten feet in width. Plantings Required • The landscaping strip shall consist of a minimum one three inch caliper evergreen or deciduous tree every 18-27 feet A minimum of one evergreen or deciduous tree for every 20 linear feet of planting strip on average, rounded to the highest whole number, shall be planted within the planting strip. Design Alternatives • When adjacent to another parking lot, the landscaping strip may be interrupted by driveway connections between parking lots. If adjacent parking lots are developed concurrently, then both properties can install a five-foot strip or footages adding up to ten feet, mutually agreed upon in writing by the two property owners. • A landscaped strip shall not be required between adjacent parking lots that share a double parking row slip along the middle of a drive aisle. • A perimeter landscaped strip may be used as part of a transitional buffer required in accordance with Section 5.5.4 C. Landscaping for parking lot interiors shall be in accordance with the specifications outlined requirements in Table 5.4.65.D: Design Criteria Standards for Parking Lot Interiors. Planning Board - October 1, 2020 ITEM: 4 - 13 - 8 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 9 | 13 Table 5.4.65.D: Design Criteria for Parking Lot Interiors Dimensional Standards • Interior Llandscaped areas in the interior of parking lots shall be equal to eight percent of the total area to be used for parking, loading, automobile sales, driveways, internal drive aisles, and other vehicular or pedestrian use. • Landscaping islands, either separate from or protruding from perimeter landscaping strips, shall be a minimum of 12 feet in width measured from back of curb to back of curb. Plantings Required • One planted or existing tree shall be required for every 144 square feet rounded to the next lowest whole number of total interior landscaped area, with a minimum of one tree in each island. • At least 75 percent of trees required for interior landscaping shall be of a shade/canopy species a minimum of three inches caliper in size. • The remainder of interior landscaped area shall be covered with appropriate mulching or vegetative groundcover, except for designated pedestrian walkways making up no more than 15 percent of any island. Design Standards • No parking space shall be located more than 120 feet from a landscaped island. • All parking spaces shall be blocked or curbed to prevent vehicles from encroaching more than one foot into planting islands or landscaped yards or damaging adjacent fences or screens. • Depressions and curb cuts shall be allowed for water quality protection. Design Alternatives • The interior landscaping requirement for storage facilities can be met with landscaped islands on the ends of buildings and with protruding perimeter landscaping. • Interior landscaping within automobile sales lots may be distributed so that smaller understory trees are utilized toward the interior of the lot and shade trees are placed toward the perimeter. • For redevelopment of nonconforming parking facilities containing a total of 5-25 parking stalls, a perimeter landscaped strip a minimum width of ten feet may be provided in-lieu of interior landscaping. For every 40 linear feet, or fraction thereof, the perimeter strip shall contain a minimum of one canopy tree at least three-inch caliper in size or three understory trees at least six feet in height AND a continuous row of evergreen shrubs a minimum 18 inches in height at time of planting. D. 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 installed along any portions of the parking lot along the right-of-way and be incorporated into the street yard to provide protection from the headlights of vehicles within the parking lot, subject to The landscaped screen shall comply with 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. Planning Board - October 1, 2020 ITEM: 4 - 13 - 9 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 10 | 13 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. E. 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 as a vehicular parking lot for churches Religious Assemblies or recreation facilities Park and Recreation Areas, 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. 5.4.76 Street Yards Standards A. Street yard landscaping is required upon for new construction of principal structures, expansions to existing structures, and changes of use whenever additional off-street parking is required, excluding the following uses: 1. General Agricultural and Forestry Uses; 2. Residential development unless built to the commercial building code; 3. Private Residential Boating Facilities, 4. Cemeteries, 5. Park and Recreation Areas with no structures or parking areas; and 6. Utility lines. B. Street yard area shall be required in accordance with the specifications outlined in Table 5.4.76.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 that conforms with required street yard minimum and maximum widths. Street yards may be located within any required minimum setback. Table Table Table Table 5.4.5.4.5.4.5.4.77776666.B.B.B.B: Street Yard Area Standards: Street Yard Area Standards: Street Yard Area Standards: Street Yard Area Standards Zoning District or UseZoning District or UseZoning District or UseZoning District or Use Required AreaRequired AreaRequired AreaRequired Area BBBB----2222, , , , CS, CS, CS, CS, IIII----1, I1, I1, I1, I----2, AC2, AC2, AC2, AC • 25 square feet for every linear foot of street yard frontage • Minimum street yard width: 12.5 feet • Maximum street yard width: 37.5 feet BBBB----1111, , , , CB, O&ICB, O&ICB, O&ICB, O&I, EDZD, , EDZD, , EDZD, , EDZD, UMXZUMXZUMXZUMXZ DistrictsDistrictsDistrictsDistricts Developments with Additional Dwelling Developments with Additional Dwelling Developments with Additional Dwelling Developments with Additional Dwelling Allowance or High Density Development Allowance or High Density Development Allowance or High Density Development Allowance or High Density Development Special Use PermitSpecial Use PermitSpecial Use PermitSpecial Use Permit • 18 square feet for every linear foot of street yard frontage • Minimum street yard width: 9 feet • Maximum street yard width: 27 feet Planning Board - October 1, 2020 ITEM: 4 - 13 - 10 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 11 | 13 Table Table Table Table 5.4.5.4.5.4.5.4.77776666.B.B.B.B: Street Yard Area Standards: Street Yard Area Standards: Street Yard Area Standards: Street Yard Area Standards Zoning District or UseZoning District or UseZoning District or UseZoning District or Use Required AreaRequired AreaRequired AreaRequired Area NonNonNonNon----Residential Uses in Residential Residential Uses in Residential Residential Uses in Residential Residential Uses in Residential Districts Districts Districts Districts • 12 square feet for every linear foot of street yard frontage • Minimum street yard width: 8 feet • Maximum street yard width: 18 feet − The road fronting width of driveways are not included in the linear street frontage when determining the base street yard area. − The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit amenities shall be subtracted from the base street yard area required above to get the total required street yard area. − Areas designated for stormwater functions, except piped areas, shall not be included in the required street yard area. − The applicant may choose to increase the required square footage per linear foot up to 25 percent to receive an equivalent reduction in the building’s front yard setback. − 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 as long as it remains in compliance with the minimum and maximum widths outlined above. C. For every 600 square feet of street yard area on average, the following landscaping shall be provided: 1. One canopy/shade tree a minimum of three inches (3”) caliper in size at time of planting, OR or if overhead power lines are located above the street yard, 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” inches in height at time of planting. D. Street yard landscaping shall be required along all street frontage. 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 5.4.76.AB: 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 DBH caliper size in the proposed street yard, the Planning Director may grant credit for these trees 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 or other unique conditions. Such substitutions must shall be determined to be in keeping with the purpose and intent of this section. 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. Planning Board - October 1, 2020 ITEM: 4 - 13 - 11 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 12 | 13 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. 5.4.87 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. e.g., 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 protected trees exist that will not be removed or disturbed, it is permissible to label the grove as 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; Landscaping plan contents will be included in Administrative Manual where other site plan requirements are currently located. Planning Board - October 1, 2020 ITEM: 4 - 13 - 12 2020-09 Planning Board Draft-Landscaping and Buffering P a g e 13 | 13 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 propose 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 full 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. 5.4.108 Maintenance A. All existing vegetation that is used to meet comply with 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 seasonable 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. 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. Planning Board - October 1, 2020 ITEM: 4 - 13 - 13 Parking and Loading Standards Code Sections Affected Section 5.1, Parking and Loading Section 6.3, Design Standards Key Intent • Ensure use list for parking minimums mirrors Permitted Use Table list and categories • Replace parking minimum requirements that rely on operational criteria (number of employees, etc.) with standards based on consistent criteria (building size, etc.) • Update or provide provisions for shared parking and alternative parking plans based on existing and future business models • Update parking lot design and loading area standards Changes • The purpose statement for Section 5.1, Parking and Loading was removed as the policy intent is covered by the Comprehensive Plan. (See removed Section 5.1.1, Purpose and Intent) • Requirements for time of review and site plan have been removed as they are covered in Article 10, Administrative Procedures and the Administrative Manual. (See removed Section 5.1.3, Time of Review) • Minimum off-street parking standards have been aligned with current use list and calculation methodology is based on consistent criteria. (See Table 5.1.4.2.A: Minimum Off-Street Parking; For more information on effect on existing standards, see attached Minimum Off-Street Parking Summary Sheet) • Clear criteria for determining parking standards for unlisted uses and provisions for mixed use development parking are outlined. (See subsections B and C of Section 5.1.2, Minimum Off-Street Parking Standards) • Alternative parking plan standards have been updated to allow parking demand studies, establish clear provisions for shared parking arrangements, provide for deferred parking, and outline standards for valet and tandem parking. (See Section 5.1.3, Alternative Parking Plans) • New best practices surfacing and design standards are established for off-street parking. (See Section 5.1.4, Off-Street Parking Design Standards) • Special use permits are no longer required for parking garages in the B-1, CB, B-2, O&I, and AC districts in order to reduce regulatory barriers to more efficient land use. (See subsection 5.1.5.4.B.8.c of Section 5.1.4, Off- Street Parking Design Standards) • Loading space minimums, sizes, and locations are updated in accordance with best practices but can be reduced based on a loading space study. (See Section 5.1.5, Loading Areas) • Parking area standards for cluster-style mailbox kiosks have been added to the Subdivision Design Standards, which also apply to performance residential projects. (See Section 6.3, Design Standards) The amendment also clarifies when parking and loading standards apply. Planning Board - October 1, 2020 ITEM: 4 - 14 - 1 P a g e 1 | 4 ∆ Method to determine minimum parking requirement has changed—impact on minimum parking requirements depends on specific project ↑ Minimum parking required has been increased ↓ Minimum parking required has been decreased N New minimum parking requirement (not specified in current standards) C Clarification of existing parking requirement Minimum Minimum Minimum Minimum OffOffOffOff----Street ParkingStreet ParkingStreet ParkingStreet Parking Comparison SummaryComparison SummaryComparison SummaryComparison Summary sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area, except except except except where otherwise specifiedwhere otherwise specifiedwhere otherwise specifiedwhere otherwise specified du: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = per UseUseUseUse Current StandardsCurrent StandardsCurrent StandardsCurrent Standards Amendment ConceptAmendment ConceptAmendment ConceptAmendment Concept Agricultural UsesAgricultural UsesAgricultural UsesAgricultural Uses Agricultural and Forestry Uses, General N/A No minimum C Livestock Sales N/A No minimum C Stable N/A No minimum C Wholesale Nursery N/A No minimum C Residential UsesResidential UsesResidential UsesResidential Uses Household LivingHousehold LivingHousehold LivingHousehold Living Dwelling, Dual-Unit Attached 2 spaces per dwelling unit located on the same lot as the residence 2/du Dwelling, Multi-Family 1.5 spaces per dwelling unit with 1 bedroom; 2 spaces per dwelling unit with 2+ bedrooms 1.5/du with 1 bedroom; 2/du with 2+ bedrooms Dwelling, Quadraplex 1.5 spaces per dwelling unit with 1 bedroom; 2 spaces per dwelling unit with 2+ bedrooms 1.5/du with 1 bedroom; 2/du with 2+ bedrooms Dwelling, Single-Family Detached 2 spaces per dwelling unit located on the same lot as the residence 2/du Dwelling, Triplex 1.5 spaces per dwelling unit with 1 bedroom; 2 spaces per dwelling unit with 2+ bedrooms 1.5/du with 1 bedroom; 2/du with 2+ bedrooms Dwelling, Row-Style 2 spaces per dwelling unit located on the same lot as the residence 2/du Dwelling, Two-Family (Duplex) 2 spaces per dwelling unit 2/du Live/Work or Caretaker Unit 2/du, in addition to parking provided for principal use 2/du, in addition to parking provided for principal use Mobile Home Not specifically outlined 2/du C Mobile Home, Doublewide Not specifically outlined 2/du C Mobile Home Park Not specifically outlined 2/du C Mobile Home Subdivision Not specifically outlined 2/du C Senior Living: Independent Living Retirement Community N/A 1.5/du plus 2/1,000 sf nonresidential space N Group LivingGroup LivingGroup LivingGroup Living Family Care Home N/A 2/du C Fraternity/Sorority Residence 1 space for each resident occupant 1/single occupancy bedroom 2/double occupancy bedroom ∆ Group Home Maximum of 2, plus 1 for every 4 beds and 2 per supervisor Maximum of 2 plus 1/every 4 beds plus 2 for resident supervisor(s) Senior Living: Assisted Living Facility 1 space for every 4 beds intended for patient use, plus 1 per employee on the largest shift 1 per 3 beds ∆ Senior Living: Continuing Care Retirement Community 1.5 per unit + 1 per employee on largest shift See Senior Living: Independent Living Retirement Community and Senior Living: Assisted Living Facility ∆ Civic and InstitutionalCivic and InstitutionalCivic and InstitutionalCivic and Institutional Child and Adult CareChild and Adult CareChild and Adult CareChild and Adult Care Adult Day Care N/A 1 per 4 clients (per design capacity or state permit) N Child Care Center 1 space for every 8 participants 1 per 10 children (per design capacity or state permit) ↓ Family Child Care Home N/A 1 space in addition to the 2/du required for the residential use N CivicCivicCivicCivic Animal Shelter N/A 2/1,000 sf N Community Center N/A 2.5/1,000 sf N Library 1 per 400 sf GFA 2.5/1,000 sf Lodges, Fraternal, & Social Organizations Clubs, Public or Private, and Associated Uses: 1 space for every 100 square feet of gross floor area. Parking for any associated use may be reduced by one-half of the spaces required, by the Planning Director upon submission of adequate documentation. 3/1,000 sf Museum 1 per 400 sf GFA 2.5/1,000 sf Religious Assembly 1 space for every 4 seats in the sanctuary 1 per 5 seats in largest assembly area ↓ Communication and Information Communication and Information Communication and Information Communication and Information FacilitiesFacilitiesFacilitiesFacilities Amateur Radio Antennas (up to 90 ft.) N/A No minimum C Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use N/A No minimum C Collocation, Wireless N/A No minimum C Non-Substantial Modification N/A No minimum C Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications N/A No minimum C Educational ServicesEducational ServicesEducational ServicesEducational Services Colleges, Universities, and Professional Schools N/A 2/1,000 sf classroom and research space, plus 1 per 6 seats in largest assembly area N Planning Board - October 1, 2020 ITEM: 4 - 15 - 1 P a g e 2 | 4 ∆ Method to determine minimum parking requirement has changed—impact on minimum parking requirements depends on specific project ↑ Minimum parking required has been increased ↓ Minimum parking required has been decreased N New minimum parking requirement (not specified in current standards) C Clarification of existing parking requirement Minimum Minimum Minimum Minimum OffOffOffOff----Street ParkingStreet ParkingStreet ParkingStreet Parking Comparison SummaryComparison SummaryComparison SummaryComparison Summary sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area, except except except except where otherwise specifiedwhere otherwise specifiedwhere otherwise specifiedwhere otherwise specified du: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = per UseUseUseUse Current StandardsCurrent StandardsCurrent StandardsCurrent Standards Amendment ConceptAmendment ConceptAmendment ConceptAmendment Concept Elementary and Secondary Schools Kindergarten or Nursery: 2 spaces for each employee and 4 spaces for drive-in off-street drop-off and pickup Elementary and Junior High: 1 space for each classroom and administrative office, plus 10 additional spaces Senior High: 1 space for every 10 students for which the building was designed, plus 1 space for each classroom and administrative office Kindergarten, Nursery, Elementary, and Junior High School: 1 per 6 students design capacity High School: 1 per 4 students design capacity ∆ ↑ Vocation or Trade School N/A 3/1,000 sf N Government ServicesGovernment ServicesGovernment ServicesGovernment Services Government Offices and Buildings N/A 2.5/1,000 sf N Post Office N/A 2.5/1,000 sf, plus 1 for each post office vehicle stored on site N Health Care FacilitiesHealth Care FacilitiesHealth Care FacilitiesHealth Care Facilities Hospital N/A 3.5/1,000 sf N Medical and Dental Office and Clinic 4 spaces for each doctor, plus 1 space for each employee 3.5/1,000 sf ∆ Nursing and Rehabilitation Center 1 space for every 4 beds intended for patient use, plus 1 per employee on the largest shift 1 per 4 beds ↓ Recreation, Parks, and Open Recreation, Parks, and Open Recreation, Parks, and Open Recreation, Parks, and Open SpaceSpaceSpaceSpace Boating Facility, Community 1 per boat slip 1 per boat slip Boating Facility, Private Residential N/A No minimum Cemetery N/A No minimum Golf Course Golf course, par 3, or miniature golf course: 3 spaces for every hole, plus requirements for any other associated use (restaurant, etc.) 2 spaces per hole ↓ Park and Recreation Area N/A No minimum C TransportationTransportationTransportationTransportation Airport and Terminal N/A No minimum C Bus and Taxi Terminal N/A No minimum C Heliport N/A No minimum C Marina, Commercial 1 per boat slip and 1 per 4 dry storage facilities 1 per boat slip and 1 per 4 dry storage facilities C Marina, Commercial with Floating Structures 2 per floating structure except in A district 1 per boat slip, 1 per 4 dry storage facilities, and 2 per floating structure ↑ Railroad Freight Depot N/A 2/1,000 sf office facilities N Railroad Passenger Terminal N/A 2/1,000 sf N Water Transportation Facilities N/A Study required N UtilitiesUtilitiesUtilitiesUtilities Electric Substation N/A No minimum Solar Energy Collection Facility N/A 2/1,000 sf office facilities N Utility Lines, Structures, and/or Facilities; General N/A 2/1,000 sf office facilities N Commercial UsesCommercial UsesCommercial UsesCommercial Uses Amusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment Uses Adult Entertainment Establishment N/A 4/1,000 sf N Bar/Nightclub N/A 6/1,000 sf seating area N Electronic Gaming Operation The greater of: 10/1,000 sf, or 1 per 2 terminals/computers The greater of: 10/1,000 sf, or 1 per 2 terminals/computers Indoor Recreation Establishment Bowling alley: 3 spaces per alley, plus parking spaces to meet the requirements for any other use associated with the establishment (restaurant, etc.) Auditorium or Theater: 1 space for every 4 seats in the largest assembly area Theaters: 1 per 5 seats All other uses: 4/1,000 sf ∆ Outdoor Recreation Establishment Stadium or Arena: 1 space for every 4 spectator seats Stadium or Arena: 1 per 5 seats All other uses: 4/1,000 sf activity area ∆ Outdoor Shooting Range N/A 4/1,000 sf activity area N Animal ServicesAnimal ServicesAnimal ServicesAnimal Services Equestrian Facility N/A No minimum C Kennel N/A 4/1,000 sf N Veterinary Service N/A 3/1,000 sf N Commercial ServicesCommercial ServicesCommercial ServicesCommercial Services Bank and/or Financial Institution 1 space for every 250 square feet of gross floor area; up to 2 stacking spaces per drive-thru teller window may be credited to the minimum 3/1,000 sf ↓ Business Service Center N/A 3/1,000 sf N Commercial Parking Lot or Facility N/A No minimum C Funeral Services 1 space for every 5 seats in the chapel or parlor, plus 1 space for each funeral vehicle 1 per 5 seats, plus 1 space per funeral vehicle Planning Board - October 1, 2020 ITEM: 4 - 15 - 2 P a g e 3 | 4 ∆ Method to determine minimum parking requirement has changed—impact on minimum parking requirements depends on specific project ↑ Minimum parking required has been increased ↓ Minimum parking required has been decreased N New minimum parking requirement (not specified in current standards) C Clarification of existing parking requirement Minimum Minimum Minimum Minimum OffOffOffOff----Street ParkingStreet ParkingStreet ParkingStreet Parking Comparison SummaryComparison SummaryComparison SummaryComparison Summary sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area, except except except except where otherwise specifiedwhere otherwise specifiedwhere otherwise specifiedwhere otherwise specified du: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = per UseUseUseUse Current StandardsCurrent StandardsCurrent StandardsCurrent Standards Amendment ConceptAmendment ConceptAmendment ConceptAmendment Concept Mini-Warehouse/Self-Storage N/A 0.5/1,000 sf rentable storage area N Off-Premises Advertising N/A No minimum C Repair Shop N/A 3/1,000 sf N Food & DrinkFood & DrinkFood & DrinkFood & Drink Restaurant Restaurant or place dispensing food, drink, or refreshments: 1 space for every 3 seats, plus 1 space for every 2 employees Restaurant, drive-in: 1 space for every 3 seats, plus a minimum of 15 spaces for drive-in service and 1 space for every 2 employees 6/1,000 sf seating area ∆ LodgingLodgingLodgingLodging Bed and Breakfast Inn 1 per bedroom and 1 per employee 1 per bedroom and 2/1,000 sf common space ∆ Campground/Recreational Vehicle (RV) Park N/A 1 per campsite N Hotel or Motel 1 space per unit, plus 1 space for every 2 employees, plus requirements for any other associated use 1 per bedroom and 2/1,000 sf common space ∆ OfficeOfficeOfficeOffice Contractor Office N/A 3/1,000 sf N Labor Organization N/A 2.5/1,000 sf N Offices for Private Business and Professional Activities Office, General or Professional: 1 space for every 400 square feet of gross floor space 2.5/1,000 sf Personal ServicesPersonal ServicesPersonal ServicesPersonal Services Dry Cleaning/Laundry Plant N/A 2.5/1,000 sf N Personal Services, General Studios, Art & Photo: 1 per 400 sf GFA 2.5/1,000 sf Retail SalesRetail SalesRetail SalesRetail Sales Convenience Store 1 per 400 sf GFA 2.5/1,000 sf Food Market 2.5/1,000 sf Grocery Store 2.5/1,000 sf Pharmacy 2.5/1,000 sf Retail Nursery 2.5/1,000 sf Retail Sales, Building and Construction Supplies 2/1,000 sf ↓ Retail Sales, General 2.5/1,000 sf Vehicle & Equipment Sales & Vehicle & Equipment Sales & Vehicle & Equipment Sales & Vehicle & Equipment Sales & ServiceServiceServiceService Boat Dealer N/A 3/1,000 sf indoor sales/leasing/office area N Car Wash 1 space for every 2 employees on shift of greatest employment, plus 1 space for the Manager, and spaces equal to 3 times the capacity of the car wash 3 spaces for every one car the car wash can accommodate at one time ↓ Equipment Rental and Leasing N/A 2/1,000 sf N Farm Implement Sales N/A 2/1,000 sf N Fuel Sales N/A 1.5/1,000 sf N Mobile Home and Prefab Building Sales N/A 2/1,000 sf N Vehicle Rentals N/A 3/1,000 sf N Vehicle Sales N/A 3/1,000 sf indoor sales/leasing/office area, plus 1 per repair bay N Vehicle Service Station, Large Vehicles N/A 2.5/1,000 sf indoor office/waiting area, plus 1 per repair bay N Vehicle Service Station, Minor N/A 3/1,000 sf indoor office/waiting area, plus 1 per repair bay N Vehicle Service Station, Major N/A 3/1,000 sf indoor office/waiting area, plus 1 per repair bay N Vehicle Towing Service and Storage Yard N/A 2/1,000 sf N Industrial UsesIndustrial UsesIndustrial UsesIndustrial Uses Design & Technology ServicesDesign & Technology ServicesDesign & Technology ServicesDesign & Technology Services Broadcasting and Production Studio N/A 2.5/1,000 sf N Research and Development Facility N/A 2.5/1,000 sf N Industry & ManufacturingIndustry & ManufacturingIndustry & ManufacturingIndustry & Manufacturing Artisan Manufacturing N/A 2.5/1,000 sf N 311 Food Manufacturing311 Food Manufacturing311 Food Manufacturing311 Food Manufacturing Industrial or Manufacturing Establishment or Warehouse: 1.5 spaces for every 2 employees on shift of greatest employment, 1 space for each managerial personnel, 1 visitor parking space for every 10 managerial personnel, and 1 space for each vehicle used directly in the conduct of business 1.5/1,000 sf ∆ 312 Beverage & Tobacco Product 312 Beverage & Tobacco Product 312 Beverage & Tobacco Product 312 Beverage & Tobacco Product ManufacturingManufacturingManufacturingManufacturing 313 313 313 313 Textile MillsTextile MillsTextile MillsTextile Mills 314 Textile Product Mills314 Textile Product Mills314 Textile Product Mills314 Textile Product Mills 315 Apparel Manufacturing315 Apparel Manufacturing315 Apparel Manufacturing315 Apparel Manufacturing 316 Leather and Allied Product 316 Leather and Allied Product 316 Leather and Allied Product 316 Leather and Allied Product ManufacturingManufacturingManufacturingManufacturing Planning Board - October 1, 2020 ITEM: 4 - 15 - 3 P a g e 4 | 4 ∆ Method to determine minimum parking requirement has changed—impact on minimum parking requirements depends on specific project ↑ Minimum parking required has been increased ↓ Minimum parking required has been decreased N New minimum parking requirement (not specified in current standards) C Clarification of existing parking requirement Minimum Minimum Minimum Minimum OffOffOffOff----Street ParkingStreet ParkingStreet ParkingStreet Parking Comparison SummaryComparison SummaryComparison SummaryComparison Summary sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area,sf = square feet of gross floor area, except except except except where otherwise specifiedwhere otherwise specifiedwhere otherwise specifiedwhere otherwise specified du: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = perdu: dwelling unit; / = per UseUseUseUse Current StandardsCurrent StandardsCurrent StandardsCurrent Standards Amendment ConceptAmendment ConceptAmendment ConceptAmendment Concept 321 Wood Product Manufacturing321 Wood Product Manufacturing321 Wood Product Manufacturing321 Wood Product Manufacturing 322 Paper Manufacturing322 Paper Manufacturing322 Paper Manufacturing322 Paper Manufacturing 323 Printing & Related Support 323 Printing & Related Support 323 Printing & Related Support 323 Printing & Related Support ActivitiesActivitiesActivitiesActivities 325 Chemical 325 Chemical 325 Chemical 325 Chemical ManufacturingManufacturingManufacturingManufacturing 326 Plastics & Rubber Products 326 Plastics & Rubber Products 326 Plastics & Rubber Products 326 Plastics & Rubber Products ManufacturingManufacturingManufacturingManufacturing 327 Nonmetallic Mineral Product 327 Nonmetallic Mineral Product 327 Nonmetallic Mineral Product 327 Nonmetallic Mineral Product ManufacturingManufacturingManufacturingManufacturing 331 Primary Metal Manufacturing331 Primary Metal Manufacturing331 Primary Metal Manufacturing331 Primary Metal Manufacturing 332 Fabricated Metal Product 332 Fabricated Metal Product 332 Fabricated Metal Product 332 Fabricated Metal Product ManufacturingManufacturingManufacturingManufacturing 333 Machinery Manufacturing333 Machinery Manufacturing333 Machinery Manufacturing333 Machinery Manufacturing 334 Computer and 334 Computer and 334 Computer and 334 Computer and Electronic Electronic Electronic Electronic Product ManufacturingProduct ManufacturingProduct ManufacturingProduct Manufacturing 335 Electrical Equipment, 335 Electrical Equipment, 335 Electrical Equipment, 335 Electrical Equipment, Appliance, and Component Appliance, and Component Appliance, and Component Appliance, and Component ManufacturingManufacturingManufacturingManufacturing 336 Transportation Equipment 336 Transportation Equipment 336 Transportation Equipment 336 Transportation Equipment ManufacturingManufacturingManufacturingManufacturing 337 Furniture and Related Product 337 Furniture and Related Product 337 Furniture and Related Product 337 Furniture and Related Product ManufacturingManufacturingManufacturingManufacturing Intensive IndustryIntensive IndustryIntensive IndustryIntensive Industry Intensive Intensive Intensive Intensive Manufacturing & Manufacturing & Manufacturing & Manufacturing & ProcessingProcessingProcessingProcessing Industrial or Manufacturing Establishment or Warehouse: 1.5 spaces for every 2 employees on shift of greatest employment, 1 space for each managerial personnel, 1 visitor parking space for every 10 managerial personnel, and 1 space for each vehicle used directly in the conduct of business 1.5/1,000 sf ∆ Other Intensive Industrial UsesOther Intensive Industrial UsesOther Intensive Industrial UsesOther Intensive Industrial Uses N/A No minimum C Warehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, Stand-Alone 1 space for every 4 dry docks 1 per 4 dry docks Motor Freight Transportation Warehousing N/A 2/1,000 sf N Recreational Vehicle and Boat Trailer Storage Lot N/A No minimum C Warehousing N/A 1.5/1,000 sf N Wholesaling N/A 1.5/1,000 sf N Wholesaling Seafood with Water Frontage N/A 1.5/1,000 sf N Waste & SalvageWaste & SalvageWaste & SalvageWaste & Salvage Commercial Recycling Facility, Large Collection N/A 1.5/1,000 sf N Commercial Recycling Facility, Processing N/A 1.5/1,000 sf N Commercial Recycling Facility, Processing and Collection N/A 1.5/1,000 sf N Commercial Recycling Facility, Small Collection N/A 1 N Landfill, Demolition N/A 1.5/1,000 sf office space N Landfill, Landscape N/A 1.5/1,000 sf office space N Junk Yards, Scrap Processing N/A 1.5/1,000 sf N Septage, Sludge Disposal N/A 1.5/1,000 sf office space N Planning Board - October 1, 2020 ITEM: 4 - 15 - 4 2020-09 Planning Board Draft-Parking and Loading P a g e 1 | 21 Section 5.1 Parking and Loading 5.1.1 Purpose and Intent The purposes of this section 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. 5.1.21 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. A. New Development All new development shall provide off-street parking and loading areas in accordance with the standards of this section. B. Existing Development 1. Any change in use of existing development shall be accompanied by provision of any additional off-street parking and loading spaces required for the new use by this section, provided that additional off-street parking is not required if the change in use results in fewer than five additional parking spaces or less than a five percent increase in required parking spaces. 2. If an existing structure or use is expanded or enlarged (in terms of the number of dwelling units, guest rooms, floor area, or seats), any additional off-street parking and loading spaces that may be required shall be provided in accordance with the requirements of this section as applied only to the expanded or enlarged part of the structure or use. 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 automobile 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. Purpose statements are being removed as policy intent is covered by the Comprehensive Plan. Included in site plan requirements in Administrative Manual Planning Board - October 1, 2020 ITEM: 4 - 16 - 1 2020-09 Planning Board Draft-Parking and Loading P a g e 2 | 21 5.1.42 Minimum 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. A. Minimum Number of Off-Street Parking Spaces Except as otherwise provided in Section 5.1.3.A, Alternative Parking Plans, new development or a change in use or expansion shall provide the minimum number of off-street parking spaces in accordance with Table 5.1.2.A: Minimum Off-Street Parking, based on the principal use or uses on the site. Interpretation of the off-street parking space standards for principal uses with variable parking demands or unlisted principal uses shall be in accordance with Section 5.1.3.B, Unlisted Uses, below. Table 5.1.42.A: Minimum Off-Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per Use Required Off-Street Parking Agricultural Uses Agricultural and Forestry Uses, General No minimum Livestock Sales No minimum Stable No minimum Wholesale Nursery No minimum Residential Uses Household Living Dwelling, Dual-Unit Attached 2/du Dwelling, Multi-Family 1.5/du with 1 bedroom; 2/du with 2+ bedrooms Dwelling, Quadraplex 1.5/du with 1 bedroom; 2/du with 2+ bedrooms Dwelling, Single-Family Detached 2/du Dwelling, Triplex 1.5/du with 1 bedroom; 2/du with 2+ bedrooms Dwelling, Row-Style 2/du Dwelling, Two-Family (Duplex) 2/du Live/Work or Caretaker Unit 2/du, in addition to parking provided for principal use Mobile Home 2/du Mobile Home, Doublewide 2/du See attached information for comparison with current standards. Planning Board - October 1, 2020 ITEM: 4 - 16 - 2 2020-09 Planning Board Draft-Parking and Loading P a g e 3 | 21 Table 5.1.42.A: Minimum Off-Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per Use Required Off-Street Parking Mobile Home Park 2/du Mobile Home Subdivision 2/du Senior Living: Independent Living Retirement Community 1.5/du plus 2/1,000 sf nonresidential space Group Living Family Care Home 2/du Fraternity/Sorority Residence 1/single occupancy bedroom 2/double occupancy bedroom Group Home Maximum of 2 plus 1/every 4 beds plus 2 for resident supervisor(s) Senior Living: Assisted Living Facility 1 per 3 beds Senior Living: Continuing Care Retirement Community See Senior Living: Independent Living Retirement Community and Senior Living: Assisted Living Facility Civic and Institutional Child and Adult Care Adult Day Care 1 per 4 clients (per design capacity or state permit) Child Care Center 1 per 10 children (per design capacity or state permit) Family Child Care Home 1 space in addition to the 2/du required for the residential use Civic Animal Shelter 2/1,000 sf Community Center 2.5/1,000 sf Library 2.5/1,000 sf Lodges, Fraternal, & Social Organizations 3/1,000 sf Museum 2.5/1,000 sf Religious Assembly 1 per 5 seats in largest assembly area Communication and Information Facilities Amateur Radio Antennas (up to 90 ft.) No minimum Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use No minimum Collocation, Wireless No minimum Planning Board - October 1, 2020 ITEM: 4 - 16 - 3 2020-09 Planning Board Draft-Parking and Loading P a g e 4 | 21 Table 5.1.42.A: Minimum Off-Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per Use Required Off-Street Parking Non-Substantial Modification No minimum Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications No minimum Educational Services Colleges, Universities, and Professional Schools 2/1,000 sf classroom and research space, plus 1 per 6 seats in largest assembly area Elementary and Secondary Schools Kindergarten, Nursery, Elementary, and Junior High School: 1 per 6 students per design capacity High School: 1 per 4 students design capacity Vocation or Trade School 3/1,000 sf Government Services Government Offices and Buildings 2.5/1,000 sf Post Office 2.5/1,000 sf, plus 1 for each post office vehicle stored on site Health Care Facilities Hospital 3.5/1,000 sf Medical and Dental Office and Clinic 3.5/1,000 sf Nursing and Rehabilitation Center 1 per 4 beds Recreation, Parks, and Open Space Boating Facility, Community 1 per boat slip Boating Facility, Private Residential No minimum Cemetery No minimum Golf Course 2 spaces per hole Park and Recreation Area No minimum Transportation Airport and Terminal No minimum Bus and Taxi Terminal No minimum Heliport No minimum Marina, Commercial 1 per boat slip and 1 per 4 dry storage facilities Marina, Commercial with Floating Structures 1 per boat slip, 1 per 4 dry storage facilities, and 2 per floating structure Railroad Freight Depot 2/1,000 sf office facilities Planning Board - October 1, 2020 ITEM: 4 - 16 - 4 2020-09 Planning Board Draft-Parking and Loading P a g e 5 | 21 Table 5.1.42.A: Minimum Off-Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per Use Required Off-Street Parking Railroad Passenger Terminal 2/1,000 sf Water Transportation Facilities Study required Utilities Electric Substation No minimum Solar Energy Collection Facility 2/1,000 sf office facilities Utility Lines, Structures, and/or Facilities; General 2/1,000 sf office facilities Commercial Uses Amusement & Entertainment Uses Adult Entertainment Establishment 4/1,000 sf Bar/Nightclub 6/1,000 sf seating area Electronic Gaming Operation The greater of: 10/1,000 sf or 1 per 2 terminals/computers Indoor Recreation Establishment Theaters or Indoor Stadiums: 1 per 5 seats All other uses: 4/1,000 sf Outdoor Recreation Establishment Stadium or Arena: 1 per 5 seats All other uses: 4/1,000 sf activity area Animal Services Equestrian Facility No minimum Kennel 4/1,000 sf Veterinary Service 3/1,000 sf Commercial Services Bank and/or Financial Institution 3/1,000 sf Business Service Center 3/1,000 sf Commercial Parking Lot or Facility No minimum Funeral Services 1 per 5 seats in assembly areas, plus 1 space per funeral vehicle Mini-Warehouse/Self-Storage 0.5/1,000 sf rentable storage area Off-Premises Advertising No minimum Repair Shop 3/1,000 sf Planning Board - October 1, 2020 ITEM: 4 - 16 - 5 2020-09 Planning Board Draft-Parking and Loading P a g e 6 | 21 Table 5.1.42.A: Minimum Off-Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per Use Required Off-Street Parking Food and Drink Restaurant 6/1,000 sf seating area Lodging Bed and Breakfast Inn 1 per bedroom and 2/1,000 sf common indoor space Campground/Recreational Vehicle (RV) Park 1 per campsite Hotel or Motel 1 per bedroom and 2/1,000 sf common indoor space Office Contractor Office 3/1,000 sf Labor Organization 2.5/1,000 sf Offices for Private Business and Professional Activities 2.5/1,000 sf Personal Services Dry Cleaning/Laundry Plant 2.5/1,000 sf Personal Services, General 2.5/1,000 sf Retail Sales Convenience Store 2.5/1,000 sf Food Market 2.5/1,000 sf Grocery Store 2.5/1,000 sf Pharmacy 2.5/1,000 sf Retail Nursery 2.5/1,000 sf Retail Sales, Building and Construction Supplies 2/1,000 sf Retail Sales, General 2.5/1,000 sf Vehicle & Equipment Sales & Service Boat Dealer 3/1,000 sf indoor sales/leasing/office area Car Wash 3 spaces for every one car the car wash can accommodate at one time Equipment Rental and Leasing 2/1,000 sf Farm Implement Sales 2/1,000 sf Fuel Sales 1.5/1,000 sf Mobile Home and Prefab Building Sales 2/1,000 sf Vehicle Rentals 3/1,000 sf Vehicle Sales 3/1,000 sf indoor sales/leasing/office area, plus 1 per repair bay Vehicle Service Station, Large Vehicles 2.5/1,000 sf indoor office/waiting area, plus 1 per repair bay Planning Board - October 1, 2020 ITEM: 4 - 16 - 6 2020-09 Planning Board Draft-Parking and Loading P a g e 7 | 21 Table 5.1.42.A: Minimum Off-Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per Use Required Off-Street Parking Vehicle Service Station, Minor 3/1,000 sf indoor office/waiting area, plus 1 per repair bay Vehicle Service Station, Major 3/1,000 sf indoor office/waiting area, plus 1 per repair bay Vehicle Towing Service and Towing Yard 2/1,000 sf Industrial Uses Design & Technology Services Broadcasting and Production Studio 2.5/1,000 sf Research and Development Facility 2.5/1,000 sf Industry & Manufacturing Artisan Manufacturing 2.5/1,000 sf 311 Food Manufacturing 1.5/1,000 sf 312 Beverage & Tobacco Product Manufacturing 1.5/1,000 sf 313 Textile Mills 1.5/1,000 sf 314 Textile Product Mills 1.5/1,000 sf 315 Apparel Manufacturing 1.5/1,000 sf 316 Leather and Allied Product Manufacturing 1.5/1,000 sf 321 Wood Product Manufacturing 1.5/1,000 sf 322 Paper Manufacturing 1.5/1,000 sf 323 Printing & Related Support Activities 1.5/1,000 sf 325 Chemical Manufacturing 1.5/1,000 sf 326 Plastics & Rubber Products Manufacturing 1.5/1,000 sf 327 Nonmetallic Mineral Product Manufacturing 1.5/1,000 sf 331 Primary Metal Manufacturing 1.5/1,000 sf 332 Fabricated Metal Product Manufacturing 1.5/1,000 sf 333 Machinery Manufacturing 1.5/1,000 sf 334 Computer and Electronic Product Manufacturing 1.5/1,000 sf 335 Electrical Equipment, Appliance, and Component Manufacturing 1.5/1,000 sf 336 Transportation Equipment Manufacturing 1.5/1,000 sf 337 Furniture and Related Product Manufacturing 1.5/1,000 sf Intensive Industry Intensive Manufacturing & Processing 1.5/1,000 sf Other Intensive Industrial Uses No minimum Planning Board - October 1, 2020 ITEM: 4 - 16 - 7 2020-09 Planning Board Draft-Parking and Loading P a g e 8 | 21 Table 5.1.42.A: Minimum Off-Street Parking Standards sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per Use Required Off-Street Parking Warehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, Stand-Alone 1 per 4 dry docks Motor Freight Transportation Warehousing 2/1,000 sf Recreational Vehicle and Boat Trailer Storage Lot No minimum Warehousing 1.5/1,000 sf Wholesaling 1.5/1,000 sf Wholesaling Seafood with Water Frontage 1.5/1,000 sf Waste & Salvage Commercial Recycling Facility, Large Collection 1.5/1,000 sf Commercial Recycling Facility, Processing 1.5/1,000 sf Commercial Recycling Facility, Processing and Collection 1.5/1,000 sf Commercial Recycling Facility, Small Collection 1 space Landfill, Demolition 1.5/1,000 sf office space Landfill, Landscape 1.5/1,000 sf office space Junk Yards, Scrap Processing 1.5/1,000 sf Septage, Sludge Disposal 1.5/1,000 sf office space Table 5.1.4: OffTable 5.1.4: OffTable 5.1.4: OffTable 5.1.4: Off----Street Parking StandardsStreet Parking StandardsStreet Parking StandardsStreet Parking Standards UseUseUseUse Required OffRequired OffRequired OffRequired Off----Street ParkingStreet ParkingStreet ParkingStreet Parking Dwelling, Single Family Detached or Dwelling, Single Family Detached or Dwelling, Single Family Detached or Dwelling, Single Family Detached or TwoTwoTwoTwo----Family (Duplex)Family (Duplex)Family (Duplex)Family (Duplex) 2 spaces per dwelling unit located on the same lot as the residence Dwelling, MultiDwelling, MultiDwelling, MultiDwelling, Multi----Family, Quadraplex, Family, Quadraplex, Family, Quadraplex, Family, Quadraplex, Triplex, or Townhouse Triplex, or Townhouse Triplex, or Townhouse Triplex, or Townhouse 1.5 spaces per dwelling unit with 1 bedroom; 2 spaces per dwelling unit with 2+ bedrooms Auditorium or TheaterAuditorium or TheaterAuditorium or TheaterAuditorium or Theater 1 space for every 4 seats in the largest assembly area Banks and Financial Banks and Financial Banks and Financial Banks and Financial InstitutionsInstitutionsInstitutionsInstitutions 1 space for every 250 square feet of gross floor area; up to 2 stacking spaces per drive-thru teller window may be credited to the minimum Bowling AlleyBowling AlleyBowling AlleyBowling Alley 3 spaces per alley, plus parking spaces to meet the requirements for any other use associated with the establishment (restaurant, etc.) Car WashCar WashCar WashCar Wash 1 space for every 2 employees on shift of greatest employment, plus 1 space for the Manager, and spaces equal to 3 times the capacity of the car wash Child Care CenterChild Care CenterChild Care CenterChild Care Center 1 space for every 8 participants Religious AssemblyReligious AssemblyReligious AssemblyReligious Assembly 1 space for every 4 seats in the sanctuary Planning Board - October 1, 2020 ITEM: 4 - 16 - 8 2020-09 Planning Board Draft-Parking and Loading P a g e 9 | 21 Table 5.1.4: OffTable 5.1.4: OffTable 5.1.4: OffTable 5.1.4: Off----Street Parking StandardsStreet Parking StandardsStreet Parking StandardsStreet Parking Standards UseUseUseUse Required OffRequired OffRequired OffRequired Off----Street ParkingStreet ParkingStreet ParkingStreet Parking Medical Dental Offices and ClinicsMedical Dental Offices and ClinicsMedical Dental Offices and ClinicsMedical Dental Offices and Clinics 4 spaces for each doctor, plus 1 space for each employee Clubs, Public or Private, and associated Clubs, Public or Private, and associated Clubs, Public or Private, and associated Clubs, Public or Private, and associated usesusesusesuses 1 space for every 100 square feet of gross floor area. Parking for any associated use may be reduced by one-half of the spaces required, by the Planning Director upon submission of adequate documentation. Dry Stack Boat Storage Facility Dry Stack Boat Storage Facility Dry Stack Boat Storage Facility Dry Stack Boat Storage Facility 1 space for every 4 dry docks Fraternity/Sorority Residence Fraternity/Sorority Residence Fraternity/Sorority Residence Fraternity/Sorority Residence 1 space for each resident occupant Funeral Services Funeral Services Funeral Services Funeral Services 1 space for every 5 seats in the chapel or parlor, plus 1 space for each funeral vehicle Golf Course, Par 3, or Miniature Golf Golf Course, Par 3, or Miniature Golf Golf Course, Par 3, or Miniature Golf Golf Course, Par 3, or Miniature Golf CourseCourseCourseCourse 3 spaces for every hole, plus requirements for any other associated use (restaurant, etc.) Group HomesGroup HomesGroup HomesGroup Homes Maximum of 2, plus 1 for every 4 beds and 2 per supervisor Home Occupations (except medical Home Occupations (except medical Home Occupations (except medical Home Occupations (except medical doctor, dentist office, & beauty salon)doctor, dentist office, & beauty salon)doctor, dentist office, & beauty salon)doctor, dentist office, & beauty salon) 2 spaces in addition to residential parking requirements Home Occupations (medical doctor, Home Occupations (medical doctor, Home Occupations (medical doctor, Home Occupations (medical doctor, dentist office, and beauty salon)dentist office, and beauty salon)dentist office, and beauty salon)dentist office, and beauty salon) 3 spaces in addition to residential parking requirements Hotel/MotelHotel/MotelHotel/MotelHotel/Motel 1 space per unit, plus 1 space for every 2 employees, plus requirements for any other associated use Industrial or Manufacturing Industrial or Manufacturing Industrial or Manufacturing Industrial or Manufacturing Establishment or WarehouseEstablishment or WarehouseEstablishment or WarehouseEstablishment or Warehouse 1.5 spaces for every 2 employees on shift of greatest employment, 1 space for each managerial personnel, 1 visitor parking space for every 10 managerial personnel, and 1 space for each vehicle used directly in the conduct of business Kindergarten or NurseryKindergarten or NurseryKindergarten or NurseryKindergarten or Nursery 2 spaces for each employee and 4 spaces for drive-in off-street drop- off and pickup Libraries and MuseumsLibraries and MuseumsLibraries and MuseumsLibraries and Museums 1 space for every 400 square feet of gross floor area Nursing and Rehabilitation Center and Nursing and Rehabilitation Center and Nursing and Rehabilitation Center and Nursing and Rehabilitation Center and Senior Living: Assisted Living Facility Senior Living: Assisted Living Facility Senior Living: Assisted Living Facility Senior Living: Assisted Living Facility 1 space for every 4 beds intended for patient use, plus 1 per employee on the largest shift Office, General or ProfessionalOffice, General or ProfessionalOffice, General or ProfessionalOffice, General or Professional 1 space for every 400 square feet of gross floor space Restaurant or Place Dispensing Food, Restaurant or Place Dispensing Food, Restaurant or Place Dispensing Food, Restaurant or Place Dispensing Food, Drink, or RefreshmentsDrink, or RefreshmentsDrink, or RefreshmentsDrink, or Refreshments 1 space for every 3 seats, plus 1 space for every 2 employees Restaurant, DriveRestaurant, DriveRestaurant, DriveRestaurant, Drive----inininin 1 space for every 3 seats, plus a minimum of 15 spaces for drive-in service and 1 space for every 2 employees Retail Use (unless otherwise specified)Retail Use (unless otherwise specified)Retail Use (unless otherwise specified)Retail Use (unless otherwise specified) 1 space for every 400 square feet of gross floor area Schools, Elementary and Junior High Schools, Elementary and Junior High Schools, Elementary and Junior High Schools, Elementary and Junior High SchoolSchoolSchoolSchool 1 space for each classroom and administrative office, plus 10 additional spaces Schools, Senior HighSchools, Senior HighSchools, Senior HighSchools, Senior High 1 space for every 10 students for which the building was designed, plus 1 space for each classroom and administrative office Stadium or ArenaStadium or ArenaStadium or ArenaStadium or Arena 1 space for every 4 spectator seats Studios, Art & PhotoStudios, Art & PhotoStudios, Art & PhotoStudios, Art & Photo 1 space for every 400 square feet of gross floor area Planning Board - October 1, 2020 ITEM: 4 - 16 - 9 2020-09 Planning Board Draft-Parking and Loading P a g e 10 | 21 B. Unlisted Uses An applicant proposing to develop a principal use that is unlisted in Table 5.1.5.A: Minimum Off-Street Parking, shall propose the amount of required parking by one of the three methods outlined in this subsection. On receiving the application proposing to develop a principal use not expressly listed in Table 5.1.5.A, the Planning Director shall: 1. Apply the minimum off-street parking space requirement specified in Table 5.1.5.A for the listed use that is deemed most similar to the proposed use; 2. Establish the minimum off-street parking space requirement by reference to standard parking resources published by the Institute for Transportation Engineers (ITE), Urban Land Institute (ULI), National Parking Association, or the American Planning Association; or 3. Require the applicant to conduct a parking demand study to demonstrate the appropriate minimum off-street parking space requirement. The study shall estimate parking demand based on the recommendations of the ITE, ULI, or another acceptable source of parking demand data. This demand study shall include relevant data collected from uses or combinations of uses that are the same or comparable to the proposed use in terms of density, scale, bulk, area, type of activity, and location. C. Mixed Use Development 1. An applicant for a development containing more than one use may calculate reduced minimum parking requirements based on the potential to share parking between uses. The provisions of this subsection C shall not limit the opportunity for an applicant to reduce the minimum number of off- street parking spaces through approval of an alternative parking plan in accordance with Section 5.1.3, Alternative Parking Plans or other provisions of this Ordinance. 2. The following methodology shall be used to calculate the required parking: a. The applicant shall determine the minimum parking required for each component use in the development in accordance with Table 5.1.2.A: Minimum Off-Street Parking. b. The applicant shall apply the time-of-day demand factors for each component use in accordance with Table 5.1.2.C: Shared Parking Time-of-Day Parking Ratios. c. The applicant shall calculate the sum of each column in the resulting table (rounding up all fractions). These sums represent the total estimated shared demand for each time period throughout a typical day. d. The highest of the sums of the columns shall be used as the minimum amount of parking required for the development. Planning Board - October 1, 2020 ITEM: 4 - 16 - 10 2020-09 Planning Board Draft-Parking and Loading P a g e 11 | 21 Table 5.1.2.C: Shared Parking Time-of-Day Parking Ratios Use Classification, Category or Type Weekday Weekend 2 am to 7 am 7 am to 6 pm 6 pm to 2 am 2 am to 7 am 7 am to 6 pm 6 pm to 2 am Residential 100% 60% 100% 100% 80% 100% Child care center 0% 100% 40% 0% 80% 20% Office 20% 100% 20% 5% 10% 0% Hotel or motel 100% 60% 100% 100% 60% 100% Personal services 20% 100% 40% 0% 60% 0% Entertainment venues (e.g. theaters) 0% 40% 100% 0% 60% 100% Retail sales 0% 100% 80% 0% 100% 60% All other uses 100% 100% 100% 100% 100% 100% 5.1.63 Alternative Parking Plans The Planning Director may approve an alternate parking plan that proposes alternatives to providing the number of off-street parking spaces required on a site by Section 5.1.2, Minimum Off-Street Parking Standards, in accordance with the following methods and standards. A. Parking Demand Study An applicant may demonstrate that the appropriate minimum off-street parking space requirement for their project is different from the standards outlined in Section 5.1.2, Minimum Off-Street Parking Standards by conducting a parking demand study prepared by a professional engineer. Such a study must illustrate that the minimum parking requirements outlined in Table 5.1.2.A do not accurately apply to a specific development proposal and meet the following requirements: 1. The data submitted must include, at minimum, the size and type of the proposed development, the mix of uses, the anticipated rate of parking turnover, and the anticipated peak parking and traffic loads of all uses; and 2. The data must be obtained either from relevant studies published in referenced journals or other secondary source of comparable authority; or from primary studies of no fewer than 3 comparable developments within the regional or comparable market. B. Shared Off-Site 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. Planning Board - October 1, 2020 ITEM: 4 - 16 - 11 2020-09 Planning Board Draft-Parking and Loading P a g e 12 | 21 1. Location a. The lot in which the parking spaces are located shall be within 660 feet of the primary pedestrian entrances to the uses shared by the parking, measured by the actual distance via a pedestrian walkway from the shared parking area to the primary pedestrian entrances, not a straight-line, point-to-point distance. b. Shared parking spaces shall not be separated from the use they serve by an arterial street unless pedestrian access across the arterial street is provided by appropriate traffic controls (e.g. signalized crosswalk) or a separated pedestrian walkway (such as a bridge or tunnel). 2. Pedestrian Access Adequate and safe pedestrian access shall be provided between the shared parking areas and the primary entrances to the uses served by the parking, by a walkway protected by a landscape buffer or by a curb separation and elevation from the street grade. 3. Signage Signage complying with the standards of Section 5.6, Signs, shall be provided to the public to the shared parking spaces. 4. Justification The alternative parking plan shall include justification of the feasibility of shared parking among the proposed uses. Such justification shall address, at a minimum, the size and type of the uses proposed to share off-street parking spaces, the composition of their tenants, the types and hours of their operations, the anticipated peak parking and traffic demands they generate, and the anticipated rate of turnover in parking space use. The methodology for mixed-use shared parking in Section 5.1.2.C, Mixed-Use Development, may be used to calculate the proposed reduction in required off-street parking. 5. Shared Parking Agreement a. An approved shared parking arrangement shall be enforced through written agreement among all the owners or long-term lessees of lands containing the uses proposed to share off-street parking spaces. b. The agreement shall provide all parties the right to joint use of the shared parking area and shall ensure that as long as the off-site parking is needed to comply with this Ordinance, land containing either the off-site parking area or the served use will not be transferred except in conjunction with the transfer of land containing the other. c. The agreement shall state that no party can cancel the agreement without first sending notice via certified mail to the Planning Director, at least 30 days prior to the termination of the agreement. d. The agreement shall be submitted to the Planning Director for review and approval before execution. Planning Board - October 1, 2020 ITEM: 4 - 16 - 12 2020-09 Planning Board Draft-Parking and Loading P a g e 13 | 21 e. An attested copy of an approved an executed agreement shall be recorded with the Register of Deeds before issuance of a building permit for any use to be served by the shared parking area. f. The agreement shall be considered a restriction running with the land and shall bind the heirs, successors, and assigns of the landowner. g. A violation of the agreement shall constitute a violation of this Ordinance, which may be enforced in accordance with Article 12: Violations and Enforcement. h. No use served by the shared parking arrangement may be continued if the shared parking becomes available to the use permanently or for longer than 30 days, unless substitute off-street parking spaces are provided in accordance with this section. C. 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 the parking may be provided off-site, provided an alternative parking plan that complies with the standards of subsection B.1 through B.5 above are met for the off-site parking. D. Deferred Parking An alternative parking plan may propose to defer construction of up to 25 percent of the number of off-street parking spaces required by Table 5.1.2.A: Minimum Off-Street Parking, in accordance with the following standards: 1. Justification The alternative parking plan shall include a study demonstrating that because of the location, nature, or mix of uses, there is a reasonable probability the number of parking spaces actually needed to serve the development is less than the minimum required by Table 5.1.2.A: Minimum Off-Street Parking. 2. Reserve Parking Plan The alternative parking plan shall include a reserve parking plan identifying the amount of off-street parking being deferred and the location of the area to be reserved for future parking, if future parking is needed. 3. Parking Demand Study a. The alternative parking plan shall provide assurance that within 24 months after the initial certificate of occupancy is issued for the proposed development, an off-street parking demand study evaluating the adequacy of the existing parking spaces in meeting the off-street parking demand generated by the development will be submitted to the Planning Director. However, if the Planning Director determines that additional time beyond 24 months is needed to determine whether the supply of parking is adequate to meet demand, the Planning Director has discretion to delay the preparation of the parking study for up to 24 additional months. Planning Board - October 1, 2020 ITEM: 4 - 16 - 13 2020-09 Planning Board Draft-Parking and Loading P a g e 14 | 21 b. If the Planning Director determines that the study demonstrates the existing parking is adequate, then construction of the remaining number of parking spaces shall not be required. If the Planning Director determines the study indicates additional parking is needed, such parking shall be provided consistent with the reserve parking plan and the standards of this section. 4. Use of Reserve Areas Areas reserved for future parking shall be brought to the finished grade and landscaped with an appropriate ground cover. These areas shall not be used for buildings, storage, loading, or other purposes except for temporary overflow parking, provided such use is sufficiently infrequent to ensure maintenance of its ground cover in a healthy condition. E. Valet and Tandem Parking An alternative parking plan may propose to use valet and tandem parking to meet a portion of the minimum number of off-street parking spaces required for commercial uses in accordance with the following standards: 1. Number of Valet or Tandem Spaces A maximum of 35 percent of the total number of parking spaces provided may be designated for valet or tandem spaces except for restaurants, where up to 50 percent of spaces may be designated for valet parking, and hotels, where up to 60 percent of parking spaces may be designated for valet parking. 2. Drop-Off and Pick-Up Areas The development shall provide a designated drop-off and pick-up area. The drop-off and pick-up area may be located adjacent to the building served, but shall not be located in a fire lane or where its use would impede vehicular and/or pedestrian circulation, cause queuing in a public street, or impede an internal drive aisle serving the development. Drop-off and pick- up areas shall not be allowed to use sidewalks for any stationing of vehicles. 3. Valet or Tandem Parking Agreement a. Valet or tandem parking may be established and managed only in accordance with a valet or tandem parking agreement. The agreement shall be for a minimum of 10 years, and include provisions ensuring that a valet parking attendant will be on duty during hours of operation of the uses served by the valet parking. b. The agreement shall be submitted to the Planning Director for review and approval before execution. c. An attested copy of an approved and executed agreement shall be recorded with the Register of Deeds before issuance of a building permit for any use to be served by the valet or tandem parking. d. The agreement shall be considered a restriction running with the land and shall bind the heirs, successors, and assigns of the landowner. Planning Board - October 1, 2020 ITEM: 4 - 16 - 14 2020-09 Planning Board Draft-Parking and Loading P a g e 15 | 21 e. A violation of the agreement shall constitute a violation of this Ordinance, which may be enforced in accordance with Article 12: Violation and Enforcement. f. No use served by valet or tandem parking may be continued if the valet or tandem service becomes unavailable permanently or for more than 30 days, unless substitute off-street parking spaces are provided in accordance with this section. F. Water Vehicle Parking Water vehicle parking may be used to meet up to 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. Water vehicle parking is exempt from the requirements in Sections 5.1.4.A and 5.1.4.B below. 5.1.54 Off-Street Parking 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. 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 districts, B-1, B- 2, and O&I districts with a special use permit issued in accordance with Section 10.3.5: Special Use Permit. Current 5.1.6.C See proposed 5.1.4.B.8 Planning Board - October 1, 2020 ITEM: 4 - 16 - 15 2020-09 Planning Board Draft-Parking and Loading P a g e 16 | 21 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. A. Surfacing 1. Except as provided in subsections 2 and 3 below, off-street parking and loading areas for all uses other than single-family detached, two-family, and dual unit dwellings shall be surfaced with asphalt, concrete, brick, stone, pavers, or an equivalent hard, dustless, and bonded surface material. Use of surfacing that includes recycled materials (e.g. glass, rubber, used asphalt, brick, block, and concrete) is encouraged. These surfaces shall be maintained in a smooth, well-graded, clean, orderly, and dust-free condition. 2. Intermittent, temporary, or overflow parking spaces, along with parking areas for Agricultural and Recreation, Parks, and Open Space uses are exempt from the surfacing requirements outlined in subsection 1 along as parking areas are brought to the finished grade and landscaped with an appropriate ground cover maintained in a healthy condition or gravel maintained in a dust-free condition. 3. The use of pervious or semi-pervious parking lot surfacing materials, including, but not limited to pervious asphalt and concrete, open joint pavers, and reinforced grass/gravel/shell grids may be approved for off- street parking and loading areas, provided such surfacing is subject to an on-going maintenance program (e.g., sweeping, annual vacuuming). Any pervious or semi-pervious surfacing used for aisles within or driveways to parking and loading areas shall be certified as capable of accommodating anticipated traffic loading stresses and maintenance impacts. B. Design Standards 1. Required off-street parking area for three or more automobiles shall have individual spaces makred, 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, except as required for valet and tandem parking in accordance with Section 5.1.3.E, Valet and Tandem Parking. 2. All parking, loading, and service areas shall be separated from abutting walkways, sidewalks, streets, and required landscaped areas by curbing or other suitable protective devices to ensure vehicles do not intrude into these areas. 3. Off-street parking areas serving nonresidential uses or mixed-use development shall be set back a minimum of eight feet from any street right-of-way line (public or private), access easement, or passageway. See proposed 5.1.4.C Planning Board - October 1, 2020 ITEM: 4 - 16 - 16 2020-09 Planning Board Draft-Parking and Loading P a g e 17 | 21 4. Parking lots shall be landscaped in accordance with Section 5.4.5, Parking Lots. 5. Parking lot illumination shall comply with Section 5.5, Exterior Lighting. 6. One-way and two-way accessways into required parking facilities shall be identified by directional arrows. Any two-way accessway located at any angle other than 90 degrees to a street shall be marked with a traffic separation stripe running the length of the access. This requirement does not apply to parking lot drive aisles. 7. All automotive vehicle parking spaces and aisles shall comply with the standards in Table 5.1.4.B: Dimensional Standards for Parking Spaces and Aisles. Table 5.1.4.B: Dimensional Standards for Parking Spaces and Aisles [1] [2] Parking Angle (degrees) Stall Width (ft) Stall Depth Perpendicular to Curb (ft) Aisle Width [3] One-way/Two-way Stall Length Along Curb (ft) A B C D E 0 8 8 20/22 22 45 9 19 20/22 13 60 9 20 20/22 10.5 90 9 18 22/22 9 [1] Refer to Figure 5.1.4.B below for illustrations showing how dimensions for parking spaces and aisles in various configurations are measured. [2] Dimensional standards may be modified by the Planning Director for ramped, elevated parking structures to ensure adequate room for parking and maneuvering vehicles is provided. [3] One-way aisle width may be reduced to a minimum of 11 ft. for 0 degree angled parking; 12 ft. for 45 degree angled parking; and 15 ft. for 60 degree angled parking if not designed to be used for fire access and approved by New Hanover County Fire Services. Planning Board - October 1, 2020 ITEM: 4 - 16 - 17 2020-09 Planning Board Draft-Parking and Loading P a g e 18 | 21 Figure 5.1.4.B: Measurement of Parking Space and Aisle Dimensions 8. The dimensions of parking spaces may be reduced in accordance with the following: a. Up to 25 percent of parking spaces may be designated for compact vehicles. Such spaces shall have a minimum width of eight feet and a minimum length of 16 feet, and shall be identified by proper signage. b. Parking spaces used for tandem parking (See Section 5.1.4.E, Valet or Tandem Parking) may be reduced to a width of eight feet and a length of 18 feet. c. Elevated parking structures (i.e., parking garages) may be permitted in residential districts with a special use permit issued in accordance with Section 10.3.5: Special Use Permit. They are permitted by-right in the B-1, CB, B-2, O&I, and AC districts. 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. 5.1.75 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. A. Minimum Number of Off-Street Loading Berths 1. Any new development involving the routine vehicular delivery or shipping of goods, supplies, or equipment to or from the development shall provide a sufficient number of off-street loading berths to accommodate the delivery Current 5.1.5.B.6 Provisions for residential districts are current 5.1.5.B.7 Current 5.1.5.C Planning Board - October 1, 2020 ITEM: 4 - 16 - 18 2020-09 Planning Board Draft-Parking and Loading P a g e 19 | 21 and shipping operations of the development’s uses in a safe and convenient manner. 2. The minimum number of loading berths for different principal uses are set forth in Table 5.1.5: Minimum Number of Off-Street Loading Berths; for proposed uses not listed in Table 5.1.5, the requirement for a use most similar to the proposed use shall apply. 3. The Planning Director may approve a reduction to the number of loading berths required for the use if the applicant demonstrates that the appropriate minimum loading berth requirement for their project is different from the standards outlined in Table 5.1.5, Minimum Number of Off-Street Loading Berths by submitting relevant data obtained either from relevant studies published in referenced journals or other secondary source of comparable authority; or from primary studies of no fewer than 3 comparable developments within the regional or comparable market. Table 5.1.5: Minimum Number of Off-Street Loading Berths Principal Use Classification/Category Size (dwelling units or gross floor area) Minimum Number of Loading Berths Non-Industrial Uses Household Living Uses (Multi- family only) and Group Living Uses Between 100 and 300 dwelling units, and 1 Each additional 200 dwelling units or major fraction thereof Add 1 Health Care Uses, Commercial Services Uses, Office Uses, Personal Services Uses, and Visitor Accommodations uses (Hotel or Motel only) At least 10,000 up to 100,000 sf, and 1 Each additional 100,000 sf or major fraction thereof Add 1 Commercial Uses not listed elsewhere At least 2,000 but less than 20,000 sf 1 At least 20,000 but less than 60,000 sf 2 Each additional 60,000 sf or major fraction thereof Add 1 Industrial Uses All Industrial Uses Up to 25,000 sf 1 At least 25,000 but less than 40,000 sf 2 At least 40,000 but less than 100,000 sf 3 At least 100,000 but less than 160,000 sf 4 Planning Board - October 1, 2020 ITEM: 4 - 16 - 19 2020-09 Planning Board Draft-Parking and Loading P a g e 20 | 21 Table 5.1.5: Minimum Number of Off-Street Loading Berths Principal Use Classification/Category Size (dwelling units or gross floor area) Minimum Number of Loading Berths At least 160,000 but less than 240,000 sf 5 At least 240,000 but less than 320,000 sf 6 At least 320,000 but less than 400,000 sf, and 7 Each additional 90,000 sf or major fraction thereof Add 1 B. Dimensional Standards 1. Each loading berth shall be of sufficient size to accommodate the types of vehicles likely to use the loading area. 2. The minimum loading berth size that presumptively satisfies loading berth needs is at least 12 feet wide and 45 feet long in general industrial, distribution, or warehousing uses, with at least 15 feet vertical clearance. For all other uses, a berth as short as 33 feet may be allowed. 3. The Planning Director may require a larger loading berth or allow a smaller loading berth on determining that the characteristics of the particular development warrant such increase or reduction. C. Location of Loading Areas 1. To the maximum extent practicable, loading areas should be located to the rear of the use they serve. 2. Loading areas should be located adjacent to the building’s loading doors, in an area that promotes their practical use. 3. Loading areas should be located and designed so vehicles using them can maneuver safely and conveniently to them from a public street and complete loading entirely within the site, without obstructing or interfering with any parking space, parking lot aisle, or public right-of-way, unless approved as part of a Master Development Plan or conditional rezoning (e.g., for a mixed-use development project with internal streets). Planning Board - October 1, 2020 ITEM: 4 - 16 - 20 2020-09 Planning Board Draft-Parking and Loading P a g e 21 | 21 Section 6.2 Design Standards 6.2.2 Specific Standards A. Minimum Requirements 14. Mailbox Kiosks Cluster-style mailbox kiosks shall be provided as required by the U.S. Postal Service. A paved area with ingress/egress to allow vehicles to pull off, park, and re-enter the roadway safely shall be required for each kiosk area. Kiosks shall be located in areas that will best allow for vehicle parking, which shall be designed so as not to create pedestrian or vehicle safety issues. Planning Board - October 1, 2020 ITEM: 4 - 16 - 21 New Uses and Consistent Standards Code Sections Affected Section 2.1, Measurements Section 2.3, Definitions and Terms Section 3.1.3, Superseding Dimensional Standards Section 3.2.10, Residential 7 (R-7) District Section 3.3.7, Planned Development (PD) District Section 4.2.1, Principal Use Permissions Section 4.3, Standards for Specified Principal Uses Section 4.4, Accessory Use and Structure Standards Section 4.5, Temporary Use Standards Section 5.1, Parking and Loading Key Intent • Establish clear permissions and standards, if applicable, for uses that are possible within the county’s planning jurisdiction • Ensure permissions and standards are consistently applied to similar uses and zoning districts • Remove use-specific or district-specific standards that are already included in another section of the ordinance to reduce the potential for conflicts Changes • Building separation standards intended to be consistent with the North Carolina Building Code have been updated to remove an inconsistency and clarify that increased separation requirements do not apply to homes that conform to the NC Building Code’s residential guidelines. (See Section 2.1, Measurements, Section 3.1.3, Superseding Dimensional Standards; and Section 3.3.7, Planned Development (PD) District) • Definitions are outlined for each new use proposed for the ordinance. (See Section 2.3, Definitions and Terms) • District-specific standards have been removed from the R-7 district, as they are either inconsistent with provisions for other similar districts or are included elsewhere in the ordinance. (See Section 3.2.10, Residential 7 (R- 7) District) • New uses, references to new standards, and new permissions to Principal, Accessory, and Temporary Use Tables. (See Table 4.2.1: Principal Use Table; Section 4.4, Accessory Use and Structure Standards; Section 4.5, Temporary Use Standards; For more information on these changes, see attached New Uses, Clarified Uses, Consistent Permissions, and Consistent Standards Summary Sheets) • Use-specific standards are applied in new districts similar to the districts where the standards currently apply. (See Section 4.3, Standards for Specified Principal Uses and attached Consistent Standards Summary Sheets) • Use-specific standards regarding lighting, buffering, etc. included elsewhere in the ordinance have been removed. (See Section 4.3, Standards for Specified Principal Uses) • Use-specific standards have been added for new uses where needed. (See Section 4.3, Standards for Specified Principal Uses and attached New Uses and Clarified Uses Summary Sheets) • Parking standards are outlined for all new principal uses. (See Section 5.1, Parking and Loading) The amendment also clarifies some existing definitions and standards. Planning Board - October 1, 2020 ITEM: 4 - 17 - 1 P a g e 1 | 2 New Uses Summary Sheet PROPOSED NEW PRINCIPAL USES New UseNew UseNew UseNew Use Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Food Pantry P* P* Community Garden P P P P P P P P P P P P P P P P P P P P P P P Commercial Kitchen, Catering P P P P P Data Center P P P P New Use Definition & Standards (in italics) Food Pantry A facility where stocks of food and personal care items, typically basic provisions and nonperishable items, are supplied free of charge to people in need. This use does not include food pantry as an accessory use to a Religious Assembly principal use, nor does it include incidental structures commonly referred to as Little Free Pantries. Standards: • Any areas utilized for waiting or dining shall be incidental in nature and entirely located indoors. Community Garden An area managed and maintained by a group of individuals to grow and harvest fruits, flowers, vegetables, or ornamental plants for personal or group consumption, for donation, or for incidental sale. Commercial Kitchen, Catering A facility or area for the preparation of food and storage of and food utensils for off-premise consumption and service. Data Center An establishment primarily engaged in providing infrastructure (e.g., computer systems and associated components such as telecommunications and storage systems) for data processing and storage, web hosting, application hosting, streaming services, and related services. Planning Board - October 1, 2020 ITEM: 4 - 18 - 1 P a g e 2 | 2 PROPOSED NEW ACCESSORY USES New UseNew UseNew UseNew Use Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Electric Vehicle Charging Station P P P P P P P P P P P P P P P P P P P P P P P Solar Energy Collection Facility, Accessory P P P P P P P P P P P P P P P P P P P P P P P Wind Energy Collection Facility, Accessory P P P P P P P P P P P P P P P P P P P P P P P New Use Definition & Standards (in italics) Electric Vehicle Charging Station A vehicle parking space served by an electrical component assembly or cluster of component assemblies (battery charging station) designed and intended to transfer electric energy by conductive or inductive means from the electric grid or other off-board electrical source to a battery or other energy storage device within a vehicle that operates, partially or exclusively, on electric energy. Solar Energy Collection Facility, Accessory A facility designed to meet energy demands for the principal use of the property on which the collection facility is located, 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. A solar energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located shall constitute a “Solar Energy Collection Facility” principal use. Standards: • Roof-mounted solar energy collection facilities shall not extend beyond the exterior perimeter or beyond the roof peak of the building on which the collection facility is mounted or built. • Ground-mounted solar energy collection facilities shall meet the minimum requirements for accessory structures. Wind Energy Collection Facility, Accessory An alternate energy device which converts wind energy by means of a rotor to mechanical or electrical energy to serve the energy needs of the principal use of the property on which the collection facility is located. A wind generator may also be deemed a windmill. A wind energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located shall constitute an “Electricity Generating Facilities” principal use. Standards: • No equipment shall exceed the maximum height permitted in the zoning district. • All equipment, including foundation, turbines, and guy wires, shall meet the minimum required setbacks for the principal structure, and no ground-mounted wind energy collection facility shall be allowed within any portion of a front yard. • In the case of ground-mounted wind energy collection facilities, such facilities shall be setback from all adjoining property lines a distance equal to the height of the facility. • An applicant shall provide proof of an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, or excessive pressure on the wind energy collection facility, including rotor blades and turbine components. • The operator of a wind energy collection facility shall maintain general liability insurance coverage for the installation and operation of the facility under a standard homeowner’s or standard business owner’s insurance policy, separate and distinct from any insurance requirements of a public utility. PROPOSED NEW TEMPORARY USES New UseNew UseNew UseNew Use Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Temporary Emergency Services Facility P P P P P P P P P P P P P P P P P P P P P P P Temporary Family Healthcare Structure P P P P P P P P P P P P P P P P P P P P P P P New Use Definition Temporary Emergency Services Facility A temporary establishment for the provision of emergency services, such as fire, rescue and emergency medical services, and associated emergency preparedness, emergency management, or disaster management activities. Temporary Family Healthcare Structure A transportable residential structure accessory to a principal dwelling, not on a permanent foundation, providing an environment facilitating a caregiver’s provision of care for a mentally or physically impaired person, that is primarily assembled at a location other than its site of installation and complies with applicable provisions of the State Building Code and GS 143-139.1(b). Planning Board - October 1, 2020 ITEM: 4 - 18 - 2 P a g e 1 | 2 CLARIFIED USES SUMMARY SHEET PROPOSED PRINCIPAL USE CLARIFICATIONS Clarified UseClarified UseClarified UseClarified Use Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Civic & InstitutionalCivic & InstitutionalCivic & InstitutionalCivic & Institutional UsesUsesUsesUses Government Government Government Government ServicesServicesServicesServices Government Offices and Buildings S P S S S S S P P P P P P P P P P P P P P P P Emergency Services Facility P P P P P P P P P P P P P P P P P P P P P P P Emergency Services Facility: An establishment for the provision of emergency services, such as fire, rescue and emergency medical service, and associated emergency preparedness, emergency management, or disaster management activities. Note: Emergency Service Facilities most closely fall within the Government Offices and Buildings existing use, which includes a range of uses, from administrative offices and vehicle registration offices to fire stations and emergency management buildings. This clarification recognizes this difference and relaxed permissions in residential districts makes it easier for these facilities to locate closer to the areas they serve Health Care FacilitiesHealth Care FacilitiesHealth Care FacilitiesHealth Care Facilities Hospital S S S* S* S* S P P P P Hospice S S S S S P P P P P P P P P Urgent Care Facility P* P* P* P* P* P* Hospice: A licensed hospice facility which provides palliative care and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs of terminally ill patients and their families in a group residential setting Urgent Care Facility: A facility that provides emergency medical services with no provision for continuing care on an inpatient basis. Such establishments generally have a wider range of business hours than medical and/or dental offices and/or clinics, serve primarily drop-in patients, and may include accessory uses such as heliports Urgent Care Facility Standards: Urgent Care Facilities seeking approval of a heliport as an accessory use must obtain a special use permit. Note: The current Hospital use captures a range of medical facilities which accept inpatients and provide care on a 24-hour basis. Both Hospices and Urgent Care Facilities currently fit this definition, even though these uses and their perceived impacts differ greatly. This clarification of Hospital recognizes those differences, proposing Hospices in multi-family districts better aligned with senior housing and Urgent Care Facilities in a greater range of commercial and industrial districts to allow siting to provide more localized, timely care. CommercialCommercialCommercialCommercial UsesUsesUsesUses Amusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment Uses Indoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P P P P Outdoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P S P P Event Center P P P* P* P P Event Center: A commercial establishment, either indoors or outdoors, with the primary purpose of providing space for meetings, gatherings, reunions, weddings, conventions, private parties, and other similar gatherings. Includes convention centers, wedding and event venues, and other uses not included as part of community centers; lodges, fraternal, or social organizations; or religious assemblies. Event Center Standards: Event Centers in the B-1 and CB districts shall be limited to indoor operations only, except that outdoor operations may be allowed in these districts if approved by a special use permit. Note: Currently, properties that host events on a regular basis for the purpose of commercial entertainment or amusement, including parties or weddings, are currently classified as either indoor or outdoor recreation, as they are the closest related use classification. Recreation uses also include a range of activities, including but not limited to, bowling alleys, movie theaters, putt-putt courses, and theme parks. This clarification recognizes that difference by distinguishing wedding, party, convention, or other commercial assemblies as Event Centers. Animal ServicesAnimal ServicesAnimal ServicesAnimal Services Kennel S S S* S* P P P P P S P P P P Animal Grooming Service P P P* P* P P* P P P P Animal Grooming Service: A commercial establishment where a pet may be bathed, brushed, clipped, trimmed, and/or styled for the purposes of enhancing its appearance and/or health. This use typically includes an accessory retail component that is subordinate to the grooming service. This use does not include the breeding, boarding, training, raising, or selling of any animals; for those activities, see “Kennel”. Animal Grooming Service Standards: Animal Grooming Services within the B-1, CB, and O&I Districts shall not include outdoor runs or play areas. Note: Animal Grooming Service currently falls under the existing Kennel use, which in addition to grooming includes boarding, breeding, running, and selling animals. This separation of uses recognizes the difference in land use impacts of grooming to the other activities covered by Kennels, which is useful for site-specific approvals, like conditional districts. Personal ServicesPersonal ServicesPersonal ServicesPersonal Services Personal Services, General P P P P P P P P P P Instructional Services and Studios P P P P P P P P P P Instructional Services and Studios: Establishments primarily engaged in teaching skills within a group setting pertaining to specialized recreational or artistic pursuits, including but not limited to, dance studios, yoga studios, fitness classes, martial arts, painting, sculpting, and singing. Note: General Personal Services currently includes all establishments providing non-medical services to individuals (with the exception of Dry Cleaning/Laundry Mats). This amendment makes it clear that establishments providing services to individuals in a group setting (yoga, dance class) are given the same permissions as those providing services in a one-on-one setting. Separation of these uses is useful for conditional districts which may want to allow certain personal service establishments, such as a yoga or dance studio, but not others, such as a tattoo parlor. Planning Board - October 1, 2020 ITEM: 4 - 19 - 1 P a g e 2 | 2 Clarified UseClarified UseClarified UseClarified Use Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Retail SalesRetail SalesRetail SalesRetail Sales Retail Sales, General P P P P P P P P P Auction House P P P Oil or Gas Dealer, Retail P P P P Auction House: An establishment where the real or personal property or others is sold by a broker or auctioneer to persons who attend scheduled sales or events. Oil and Gas Dealer, Retail: An establishment primarily engaged in the retail sale of heating oil, liquefied petroleum (LP) gas, and other fuels Note: General Retail Sales currently includes all commercial enterprises providing goods or services for sale directly to customers. This currently includes Auction Houses, which consist of a large number of people at scheduled events, and Oil and Gas Dealers, which is not an industrial use but involves large quantities of flammable material that may not be conducive to the neighborhood or community business districts that allow General Retail. Vehicle and Equipment Sales & ServiceVehicle and Equipment Sales & ServiceVehicle and Equipment Sales & ServiceVehicle and Equipment Sales & Service Vehicle Service Station, Large Vehicles p P P P P P Transportation Vehicle Service and Storage Facility S S P P Transportation Vehicle Service and Storage Facility: A garage or yard facility where public transportation or freight vehicle fleets are stored, maintained, and dispatched into service. These facilities do not involve the storage of personal vehicles, equipment, or other items used by the general public. Note: The service, storage, and dispatch of passenger or freight vehicles most closely falls into the classification for Large Vehicle Service Station, which specifically entails repair, assembly, disassembly, or other work. Transportation Vehicle Service and Storage Facility clarifies the distinction between repair and storage for dispatch, while allowing service to take place for ongoing maintenance. The use also requires a large amount of storage yard space for large vehicle fleets, and as such is proposed as a special use permit in the CS and AC districts. Industrial UsesIndustrial UsesIndustrial UsesIndustrial Uses Industry & ManufacturingIndustry & ManufacturingIndustry & ManufacturingIndustry & Manufacturing Artisan Manufacturing P P P P P* P P P P P Microbrewery/Microdistillery P P P P P P P P P Microbrewery/Microdistillery: An establishment where beer, malt beverages, wine, distilled alcohol, or mead is made on the premises primarily for on- site consumption and/or retail sales, and may be packaged for distribution off-site. Typical accessory uses may include a restaurant, tasting room, retail, food truck, and/or live entertainment, as otherwise permitted in the zoning district. For the purposes of this definition, the following shall constitute a microbrewery/microdistillery: • In the case of Microbreweries, breweries that produce no more than 50,000 US gallons per year AND where the total distillery size, as measured by the sum of the gross floor area, does not exceed 25,000 square feet. • In the case of Microdistilleries, distilleries that produce no more than 50,000 US gallons per year AND where the total distillery size, as measured by the sum of the gross floor area, does not exceed 25,000 square feet. For breweries and distilleries that exceed the square footage and production limits, see “Beverage Manufacturing” in the Principal Use Table. Note: Artisan Manufacturing refers to the manufacturing of goods by hand involving the use of hand tools and light mechanical equipment. Microbreweries and Microdistilleries are currently classified under Artisan Manufacturing, as it is the closest related use classification. This amendment provides a clear distinction between the two, and removes tap room/tasting room requirement from the Artisan Manufacturing use. The Microbrewery/Microdistillery use will be classified under Food & Drink in the Principal Use Table. PROPOSED ACCESSORY & TEMPORARY USE CLARIFICATIONS None Planning Board - October 1, 2020 ITEM: 4 - 19 - 2 P a g e 1 | 3 CONSISTENT PERMISSIONS SUMMARY Uses are listed below in the use categories (Civic/Commercial/Industrial) and subcategories (Retail/Personal Service) in which they are divided in the Principal Use Table. A narrative describing how the changes are consistent across permissions has been included below in an order that corresponds to the table. This format is repeated for accessory and temporary uses. PROPOSED PRINCIPAL USE PERMISSIONS UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Agricultural UsesAgricultural UsesAgricultural UsesAgricultural Uses Agricultural and Forestry Uses, General P P P P P P P P P P P P P P P P P P P P P P P Residential UsesResidential UsesResidential UsesResidential Uses Household & Household & Household & Household & Group LivingGroup LivingGroup LivingGroup Living Senior Living: Independent Living Community S S S S S P P P P P P P P S Senior Living: Assisted Living Facility S* S* S* S* S* S* S* S* S* P* P* S* S* Senior Living: Continuing Care Retirement Community S* S* S* S* S* S* S* S* S* P* P* S* S* Civic & Institutional UsesCivic & Institutional UsesCivic & Institutional UsesCivic & Institutional Uses CivicCivicCivicCivic Community Center S PS S S S S S S S S S S P P P P P P P Religious Assembly P P P P P P S P* P* P* P* P* P* P P P* P* P P P P* P P P Government ServicesGovernment ServicesGovernment ServicesGovernment Services Post Office P P P P P P P P P P P TransportationTransportationTransportationTransportation Bus and Taxi Terminal P P P P P P P Commercial UsesCommercial UsesCommercial UsesCommercial Uses Animal ServicesAnimal ServicesAnimal ServicesAnimal Services Veterinary Service P P P P P S P P P P P Retail SalesRetail SalesRetail SalesRetail Sales Pharmacy P P P P P P P P P IndustrialIndustrialIndustrialIndustrial UsesUsesUsesUses Warehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and Distribution Wholesaling Seafood with Water Frontage P P P P Recreational Vehicle and Boat Trailer Storage Lot P* P* P* P* P* P* P* P* Waste & SalvageWaste & SalvageWaste & SalvageWaste & Salvage Commercial Recycling Facility, Large Collection S S S* S* S P* S* P* S* S P**** P* P* P* Commercial Recycling Facility, Processing S S S* P* P* Commercial Recycling Facility, Processing and Collection S S S S P* S P* Use Narrative Senior Living: Independent Living Community Allowed in RA and R-20S districts with a special use permit because the Senior Living: Continuing Care Retirement Community use (which includes the Independent Living Community use) is allowed with a special use permit. Allowed by-right in PD because the Senior Living: Continuing Care Retirement Community use is allowed by-right Senior Living: Assisted Living Facility Allowed by-right in PD because the Senior Living: Continuing Care Retirement Community use (which includes the Assisted Living Facility use) is allowed by-right Senior Living: Continuing Care Retirement Community Expanded into R-10, RMF, and O&I because Senior Living: Independent Living Community and Senior Living: Assisted Living Facility uses are allowed in those districts; Senior Living: Continuing Care Retirement Community is a combination of both of those uses. Removed from B-1 because neither of the individual components is allowed Community Center Expanded into remaining business districts and changed to S in AR to be consistent with requirements in other residential districts Planning Board - October 1, 2020 ITEM: 4 - 20 - 1 P a g e 2 | 3 Religious Assembly Allowing Religious Assemblies in the R-7 district by-right in lieu of a special use permit because religious assemblies are allowed in other residential districts by right. The same standards that apply to the R-5 district would be applied to the R-7, which includes a maximum seating capacity. As with the R-5, certain activities would trigger a SUP (outdoor/indoor rec, schools, and greater than by-right seating allowance). While this change in permissions includes the application of specific use standards to the R-7 district, it is a by-right approval and is more permissive than before. Extend existing standards for CB and CS districts to the B-1. These standards include (1) waiving seat limitations if located on a Minor Collector or greater and (2) that primary vehicular access to the use shall not be provided by a local residential street Post Office Expanded to the B-1 and O&I districts because this use is similar to the types of uses allowed in these districts, including Government Offices & Buildings which is permitted by right Bus and Taxi Terminal Expanded into AC to allow ILM greater flexibility for bus, shuttle, or taxi service. Veterinary Service Allowed by right in O&I as veterinary use is similar in land use impacts to the medical office uses allowed by right in the district to maintain consistency across all other commercial districts Pharmacy Allowed pharmacy in AC district to aid in providing greater convenience in the airport vicinity Wholesaling Seafood with Water Frontage Removed from AC district due to lack of water frontage Recreational Vehicle and Boat Trailer Storage Lot Removed from O&I district (Recreational Vehicle and Boat Trailer Storage Lots do not currently occupy any property zoned O&I) Commercial Recycling Facility, Processing Allowed by special use permit in B-2 to maintain consistency across all other Commercial Recycling Facility uses. The Commercial Recycling Facility, Processing and Collection use (which includes the Commercial Recycling Facility, Processing use) is allowed Commercial Recycling Facility, Processing and Collection Amended to maintain consistency across all other Commercial Recycling Facility uses. Moving from a special use permit to by-right in industrial districts because both of the individual components are allowed by right Language added to clarify that individual use standards for Collection (whichever classification a given application fits into) and Processing must be met when this use is applied for Planning Board - October 1, 2020 ITEM: 4 - 20 - 2 P a g e 3 | 3 PROPOSED ACCESSORY USE PERMISSIONS UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Home Occupation P P P P P P P P P P P P P P P P P P P P P P P Use Narrative Home Occupation Expanded permissions to commercial and industrial districts to allow residents of single-family uses in those districts to engage in a home occupation. These dwellings are zoned commercial/industrial and would allow most commercial activity by right PROPOSED TEMPORARY USE PERMISSIONS UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Debris Site P P P P P P P P P P P P P P P P P P P P P P P Use Narrative Debris Site Expanded permissions to all districts to allow clean-up efforts greater flexibility following emergency events Use specific standards have been added to address: (1) encroachments into -or obstructions of- streets, rights-of-way, driveways, buildings, bicycle/pedestrian facilities, fire lines and hydrants, or any other public utility easements or infrastructure; and (2) 30-day limitation unless granted an extension by the Planning Director. Debris sites shall comply with the following standards: 1. No debris may be located so as to encroach into, or wholly or partially obstruct, any street, right-of- way, driveway, building, sidewalk, multi-use path, fire lane, fire hydrant, or other public infrastructure or utility easement. 2. Debris sites are limited to no more than 30 total consecutive calendar days at any one time, unless granted an extension by the Planning Director. Planning Board - October 1, 2020 ITEM: 4 - 20 - 3 P a g e 1 | 2 CONSISTENT STANDARDS SUMMARY Uses are listed below in the use categories (Civic/Commercial/Industrial) and subcategories (Retail/Personal Service) in which they are divided in the Principal Use Table. A narrative describing how the changes achieve consistency across standards has been included below in an order that corresponds to the table. PROPOSED PRINCIPAL USE STANDARDS UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Agricultural UsesAgricultural UsesAgricultural UsesAgricultural Uses Stable P P* P**** P* P* P P P P Civic & Institutional UsesCivic & Institutional UsesCivic & Institutional UsesCivic & Institutional Uses CivicCivicCivicCivic Animal Shelter S**** S**** S* S* P P P P P S P P P P Lodges, Fraternal, & Social Organizations S* S* S**** S* S* S* S* P P P P P P P Religious Assembly P P P P P P S P* P* P* P* P* P* P P P**** P* P P P P* P P P TransportationTransportationTransportationTransportation Marina, Commercial with Floating Structures S**** S* S* S* S**** S* S* S* S* Commercial UsesCommercial UsesCommercial UsesCommercial Uses Animal ServicesAnimal ServicesAnimal ServicesAnimal Services Equestrian Facility P P* P**** P* P* P P P P Kennel S S**** S* S* P P P P P S P P P P Retail SalesRetail SalesRetail SalesRetail Sales Convenience Store S**** S**** S* S**** S**** P P P P P S P P P P Vehicle & Equipment Sales and ServiceVehicle & Equipment Sales and ServiceVehicle & Equipment Sales and ServiceVehicle & Equipment Sales and Service Vehicle Service Station, Minor P S P**** P* P P P P P P Industrial UsesIndustrial UsesIndustrial UsesIndustrial Uses Industry and ManufacturingIndustry and ManufacturingIndustry and ManufacturingIndustry and Manufacturing Artisan Manufacturing P P P P**** P* P P P P P Warehousing, Storage, Wholesale sales, and DistributionWarehousing, Storage, Wholesale sales, and DistributionWarehousing, Storage, Wholesale sales, and DistributionWarehousing, Storage, Wholesale sales, and Distribution Warehousing P P P**** P* P P P Waste & SalvageWaste & SalvageWaste & SalvageWaste & Salvage Commercial Recycling Facility, Small Collection S S S* S* S* S* S S S S S P* P**** P* P**** P* S* P* P**** P* P* P* Commercial Recycling Facility, Large Collection S S S* S* S P* S* P* S* S P**** P* P* P* Use Change(s) Stable Applied 100’ setback standard currently required in the AR, R-20, and R-15 districts to R-20S Animal Shelter Extend provisions for minimum lot size, access, setbacks, and sewage disposal systems currently required in the R-20 and R-15 districts to RA and R-20S Lodges, Fraternal, & Social Organizations Applied standards to R-20S to be consistent with standards for other residential districts, which include minimum lot size, setbacks, and provisions for food, refreshments, and entertainment Religious Assembly Allowing Religious Assemblies in the R-7 district by-right in lieu of a special use permit because religious assemblies are allowed in other residential districts by right. The same standards that apply to the R-5 district would be applied to the R-7, which includes a maximum seating capacity. As with the R-5, certain activities would trigger a SUP (outdoor/indoor rec, schools, and greater than by-right seating allowance). While this change in permissions includes the application of specific use standards to the R-7 district, it is a by-right approval and is more permissive than before. Extend existing standards for CB and CS districts to the B-1. These standards include (1) waiving seat limitations if located on a Minor Collector or greater and (2) that primary vehicular access to the use shall not be provided by a local residential street Marina, Commercial with Floating Structures Extended standards from R-20S, R-20, R-15, B-1, B-2, I-1, and I-2 to apply to all districts. Standards include floating structure setbacks, dwelling unit allowance (1), pier/dock/walkway required to serve floating structures, water/sewer, solid waste, land area set-asides (2,000sf per floating structure), and mitigation to impacts on water quality/conservation resources. Equestrian Facility Applied 100’ setback standard currently required in the AR, R-20, and R-15 districts to R-20S Kennel Removed “grooming” from Kennel definition with introduction of Animal Grooming Service use Planning Board - October 1, 2020 ITEM: 4 - 21 - 1 P a g e 2 | 2 Extended provisions for minimum lot size, access, setbacks, and sewage disposal systems from R-15 and R-20 to include R-20S Convenience Store Extended protections in the R-15 district to RA, AR, R-10, and R-7 districts. These include: maximum lot size, maximum structure square footage, prohibition of convenience stores in the interiors of subdivisions, and fuel pump limitation (1 pump allowed) and setbacks Vehicle Service Station, Minor Extended standards from CB to include B-1. Standards include: no vehicle sales or towing allowed, all work and storage conducted indoors, 24-hour limit on vehicle storage, vehicles parked in a way that does not create hazards, and the site plan must show any outdoor work areas and a fence/wall/screen is required for such areas Warehousing Extended standard from CS to include B-2 prohibiting storage of live animals, explosives, and flammable gasses/liquids to B-2 district Wholesaling Extended standard from CS to include B-2 prohibiting wholesaling of live animals, explosives, and flammable gasses/liquids to B-2 district Commercial Recycling Facility, Small Collection Applied current standards to all districts where allowed by right. Standards include maximum facility size, recycling products limitations, host tract required, 100’ setback from residential property, containers constructed of durable materials, no power-driven equipment allowed, no recycling material storage allowed outside container, parking required for attendees, contact information of pickup/maintenance organization required to be displayed, site monitored daily, and site cannot reduce any required landscaping on the property Commercial Recycling Facility, Large Collection Applied current standards to all districts where allowed by right. Standards include no maximum facility size, recycling products limitations if approved by SUP, host tract not required, 100’ setback from residential property, and limited to 7am-7pm operations when adjacent to residential property PROPOSED ACCESSORY USE STANDARDS None PROPOSED TEMPORARY USE STANDARDS None Planning Board - October 1, 2020 ITEM: 4 - 21 - 2 2020-09 Planning Board Draft-Uses and Standards P a g e 1 | 44 Section 2.1 Measurements Spacing Between Buildings The minimum distance, measured horizontally, from the closest point on one building to the closest point of an adjacent building. The closest point shall include projections such as bump- outs, bay windows, or similar projections, and eaves or roof overhangs that extend more than two feet from the building. Section 2.3 Definitions 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. For the purposes of this UDO, this definition shall include any bona fide farm as defined in N.C.G.S. 160D-903. Animal Grooming Service A commercial establishment where a pet may be bathed, brushed, clipped, trimmed, and/or styled for the purposes of enhancing its appearance and/or health. This use typically includes an accessory retail component that is subordinate to the grooming service. This use does not include the breeding, boarding, training, raising, or selling of any animals; for those activities, see “Kennel”. Auction House An establishment where the real or personal property or others is sold by a broker or auctioneer to persons who attend scheduled sales or events. Commercial Kitchen, Catering An establishment whose principal business is to prepare food on-site, then to transport and deliver or serve off-site. No business consumption of food or beverages is conducted on the premises. Community Garden An area managed and maintained by a group of individuals to grow and harvest fruits, flowers, vegetables, or ornamental plants for personal or group consumption, for donation, or for incidental sale. Data Center An establishment primarily engaged in providing infrastructure (e.g., computer systems and associated components such as telecommunications and storage systems) for data processing and storage, web hosting, application hosting, streaming services, and related services. Electric Vehicle Charging Station A vehicle parking space served by an electrical component assembly or cluster of component assemblies (battery charging station) designed and intended to transfer electric energy by conductive or inductive means from the electric grid or other off-board electrical source to a battery or other energy storage device within a vehicle that operates, partially or exclusively, on electric energy. Planning Board - October 1, 2020 ITEM: 4 - 22 - 1 2020-09 Planning Board Draft-Uses and Standards P a g e 2 | 44 Elementary and Secondary Schools An educational institution that offers a program of high school, technical 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. Emergency Services Facility An establishment for the provision of emergency services, such as fire, rescue and emergency medical service, and associated emergency preparedness, emergency management, or disaster management activities. Event Center A commercial establishment, either indoors or outdoors, with the primary purpose of providing space for meetings, gatherings, reunions, weddings, conventions, private parties, and other similar gatherings. Includes convention centers, wedding and event venues, and other uses not included as part of community centers; lodges, fraternal, or social organizations; or religious assemblies. Food Pantry A facility where stocks of food and personal care items, typically basic provisions and nonperishable items, are supplied free of charge to people in need. This use does not include food pantry as an accessory use to a Religious Assembly principal use, nor does it include incidental structures commonly referred to as Little Free Pantries. Hospice A licensed hospice facility which provides palliative care and supportive medical and other health services to meet the physical, psychological, social, spiritual, and special needs of terminally ill patients and their families in a group residential setting Instructional Services and Studios Establishments primarily engaged in teaching skills within a group setting pertaining to specialized recreational or artistic pursuits, including but not limited to, dance studios, yoga studios, fitness classes, martial arts, painting, sculpting, and singing. Microbrewery/Microdistillery An establishment where beer, malt beverages, wine, distilled alcohol, or mead is made on the premises primarily for on-site consumption and/or retail sales, and may be packaged for distribution off-site. Typical accessory uses may include a restaurant, tasting room, retail, food truck, and/or live entertainment, as otherwise permitted in the zoning district. For the purposes of this definition, the following shall constitute a microbrewery/microdistillery: • In the case of Microbreweries, breweries that produce no more than 15,000 barrels of beer per year AND where the total brewery size, as measured by the sum of the gross floor area, does not exceed 25,000 square feet. • In the case of Microdistilleries, distilleries that produce no more than 50,000 US gallons per year AND where the total distillery size, as measured by the sum of the gross floor area, does not exceed 25,000 square feet. Planning Board - October 1, 2020 ITEM: 4 - 22 - 2 2020-09 Planning Board Draft-Uses and Standards P a g e 3 | 44 For breweries and distilleries that exceed the square footage and production limits, see “Beverage Manufacturing” in the Principal Use Table. Oil and Gas Dealer, Retail An establishment primarily engaged in the retail sale of heating oil, liquefied petroleum (LP) gas, and other fuels Solar Energy Collection Facility, Accessory A facility designed to meet energy demands for the principal use of the property on which the collection facility is located, 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. A solar energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located shall constitute a “Solar Energy Collection Facility” principal use. Temporary Emergency Services Facility A temporary establishment for the provision of emergency services, such as fire, rescue and emergency medical services, and associated emergency preparedness, emergency management, or disaster management activities. Temporary Family Healthcare Structure A transportable residential structure accessory to a principal dwelling, not on a permanent foundation, for occupancy by a caregiver providing care for a mentally or physically impaired person, that is primarily assembled at a location other than its site of installation and complies with applicable provisions of the State Building Code and GS 143-139.1(b). Transportation Vehicle Service and Storage Facility A garage or yard facility where public transportation or freight vehicle fleets are stored, maintained, and dispatched into service. These facilities do not involve the storage of personal vehicles, equipment, or other items used by the general public. Urgent Care Facility A facility that provides emergency medical services with no provision for continuing care on an inpatient basis. Such establishments generally have a wider range of business hours than medical and/or dental offices and/or clinics, serve primarily drop-in patients, and may include accessory uses such as heliports. Wind Energy Collection Facility, Accessory An alternate energy device which converts wind energy by means of a rotor to mechanical or electrical energy to serve the energy needs of the principal use of the property on which the collection facility is located. A wind generator may also be deemed a windmill. A wind energy collection facility intended to serve the energy needs of a use or uses beyond the property on which the collection facility is located shall constitute an “Electricity Generating Facilities” principal use. Planning Board - October 1, 2020 ITEM: 4 - 22 - 3 2020-09 Planning Board Draft-Uses and Standards P a g e 4 | 44 Section 3.1 General 3.1.3 SUPERSEDING DIMENSIONAL STANDARDS D. Performance Residential Development 1. Setbacks and Spacing a. Buildings on the periphery of a Performance Residential Development shall be setback a minimum of 20 feet from the adjoining property line. b. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other. 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. E. Additional Dwelling Allowance 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. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other. 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-family dwelling, and in no case shall any part of an attached dwelling unit be located closer than 20 feet to another dwelling unit. This provision has been removed as it is consistent with the proposed amendment to residential height maximums. The height limit of the specific district would govern. Planning Board - October 1, 2020 ITEM: 4 - 22 - 4 2020-09 Planning Board Draft-Uses and Standards P a g e 5 | 44 Section 3.2 Residential Zoning Districts 3.2.10 RESIDENTIAL 7 (R-7) DISTRICT 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 Section 3.3 Mixed Use Zoning Districts 3.3.7 PLANNED DEVELOPMENT (PD) DISTRICT E. Other District Standards 4. Building Separation Standards 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. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling units shall be spaced a minimum of 10 feet from each other. No part of a detached single family dwelling unit or its accessory structure shall 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 shall be located closer than 20 feet to any part of another dwelling unit, accessory structure, or nonresidential building. Subsections 1 & 2 removed in order to maintain consistency with other districts. Subsection 3 is currently addressed by provisions in Article 6 Subdivisions Subsections 1 & 2 removed in order to maintain consistency with other districts. Planning Board - October 1, 2020 ITEM: 4 - 22 - 5 2020-09 Planning Board Draft-Uses and Standards P a g e 6 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Agricultural usesAgricultural usesAgricultural usesAgricultural uses Agricultural and Forestry Uses, General P P P P P P P P P P P P P P P P P P P P P P P Livestock Sales P Stable P P* P* P* P* P P P P 4.3.1 Wholesale Nursery P P P P P P P P P P P P P P P P P Residential usesResidential usesResidential usesResidential uses Household LivingHousehold LivingHousehold LivingHousehold Living Dwelling, Dual-Unit Attached P P P P P P P P P P P S* S* P Dwelling, Multi-Family P P P P P P P P P P S* S* P 4.3.2 Dwelling, Quadraplex P P P P P P P P P P P S* S* P 4.3.2 Dwelling, Single-Family Detached P P P P P P P P P P P P P P S* S* P P 4.3.2 Dwelling, Triplex P P P P P P P P P P P S* S* P 4.3.2 Dwelling, Row-Style P P P P P P P P P P P S* S* P 4.3.2 Dwelling, Two-Family (Duplex) S P S P P P P P P P P S* 4.3.2 Live/Work or Caretaker Unit P* P* S* S* S* P* S* S* S* 4.3.2 Mobile Home S P S P P P S* S* 4.3.2 Mobile Home, Doublewide P* P* P* P* P* P* P* S* S* 4.3.2 Mobile Home Park S* S* S* S* P 4.3.2 Mobile Home Subdivision S S S S S S Senior Living: Independent Living Retirement Community S S S S S P P P P P P P S Planning Board - October 1, 2020ITEM: 4- 22 - 6 2020-09 Planning Board Draft-Uses and Standards P a g e 7 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Group LivingGroup LivingGroup LivingGroup Living Family Care Home P* P* P* P* P* P* S* P* P* P* P* P* P* P* P 4.3.2 Fraternity/Sorority Residence S* S* S* S* P* P* P* P* 4.3.2 Group Home P* P* P* P* P* P* P* P* P* P* P* P* P* P* S* S* 4.3.2 Senior Living: Assisted Living Facility S* S* S* S* S* S* S* S* S* P* P* S* S* 4.3.2 Senior Living: Continuing Care Retirement Community S* S* S* S* S* S* S* S* S* P* P* S* S* 4.3.2 Civic and InstitutionalCivic and InstitutionalCivic and InstitutionalCivic and Institutional Child and Adult CareChild and Adult CareChild and Adult CareChild and Adult Care Adult Day Care S* S* S* S* S* S* S* S* S* S* S* P* P* P* P* 4.3.3 Child Care Center S S S S S S S S S S S P P P P P P P S S Family Child Care Home P* P* P* P* P* P* P* P* P* P* P* P P S S S 4.3.3 CivicCivicCivicCivic Animal Shelter S* S* S* S* P P P P P S P P P P 4.3.3 Community Center S SP S S S S S S S S S S P P P P P P P Food Pantry P* P* 4.3.3 Library P P P P P P S P P P P P P P P P P P P Lodges, Fraternal, & Social Organizations S* S* S**** S* S* S* S* P P P P P P P 4.3.3 Museum P P P P P P P P Religious Assembly P P P P P P SP* P* P* P* P* P* P P P**** P* P P P P* P P P 4.3.3 Planning Board - October 1, 2020ITEM: 4- 22 - 7 2020-09 Planning Board Draft-Uses and Standards P a g e 8 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Communication and Information FacilitiesCommunication and Information FacilitiesCommunication and Information FacilitiesCommunication and Information Facilities Amateur Radio Antennas (up to 90 ft.) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Cellular & PCS Antennas P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Other Communication Facilities including Towers S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* S* P* P* 4.3.3 Educational ServicesEducational ServicesEducational ServicesEducational Services Colleges, Universities, and Professional Schools S S S S S S P P P P P Elementary and Secondary Schools P P P P P S S S S S S P P P Vocation or Trade School S S S S S S P P P P P Government ServicesGovernment ServicesGovernment ServicesGovernment Services Emergency Services Facility P P P P P P P P P P P P P P P P P P P P P P P Government Offices and Buildings S P S S S S S P P P P P P P P P P P P P P P P Post Office P P P P P P P P P P P Health Care FacilitiesHealth Care FacilitiesHealth Care FacilitiesHealth Care Facilities Hospice S S S S S P P P P P P P P P Hospital S S S* S* S* S P P P P 4.3.3 Medical and Dental Office and Clinic P P P P P P P P P P P Planning Board - October 1, 2020ITEM: 4- 22 - 8 2020-09 Planning Board Draft-Uses and Standards P a g e 9 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Nursing and Rehabilitation Center S* S* S* S* S* S* S* S* S* S* S* P P S* P P 4.3.3 Urgent Care Facility P* P* P* P* P* P* 4.3.3 Recreation, Parks, and Open SpaceRecreation, Parks, and Open SpaceRecreation, Parks, and Open SpaceRecreation, Parks, and Open Space Boating Facility, Community S* S* S* S* S* S* S* S* S* S* S* S* S* S* 4.3.3 Boating Facility, Private Residential P* P* P* P* P* P* P* P* P* P* P* P P* P* 4.3.3 Cemetery S* S* S* S* S* S* S* S* S* S* S* S* S* S* 4.3.3 Community Garden P P P P P P P P P P P P P P P P P P P P P P P Golf Course P P P P P P P P P P P P P Park and Recreation Area P P P P P P P P P P P P P P P P P P P P P P P TransportationTransportationTransportationTransportation Airport and Terminal P P P P P Bus and Taxi Terminal P P P P P P P Heliport P P P P P Marina, Commercial S* S* S* S* S* S* S* S* S* S* S* P P S* P P P P P 4.3.3 Marina, Commercial with Floating Structures S* S* S* S* S**** S* S* S* S* 4.3.3 Railroad Freight Depot P P P Railroad Passenger Terminal P P P Water Transportation Facilities P P P P P P UtilitiesUtilitiesUtilitiesUtilities Electric Substation S S S S S S S* S* S* S* S* P P P P P P P P P P P 4.3.3 Solar Energy Collection Facility S P P Planning Board - October 1, 2020ITEM: 4- 22 - 9 2020-09 Planning Board Draft-Uses and Standards P a g e 10 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Utility Lines, Structures, and/or Facilities; General P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Commercial UsesCommercial UsesCommercial UsesCommercial Uses Amusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment UsesAmusement & Entertainment Uses Adult Entertainment Establishment S* 4.3.4 Bar/Nightclub P P P P P P Electronic Gaming Operation P* S* P* S* 4.3.4 Event Center P P P* P* P P* 4.3.4 Indoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P P P P 4.3.4 Outdoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P S P P 4.3.4 Outdoor Shooting Range S* S* 4.3.4 Animal ServicesAnimal ServicesAnimal ServicesAnimal Services Animal Grooming Service P P P* P* P P* P P P P 4.3.4 Equestrian Facility P P* P* P* P* P P P P 4.3.4 Kennel S S* S* S* P P P P P S P P P P 4.3.4 Veterinary Service P P P P P SP P P P P Commercial ServicesCommercial ServicesCommercial ServicesCommercial Services Bank and/or Financial Institution P P P P P P P P P Business Service Center P P P P P P P P P Commercial Parking Lot or Facility P P P Planning Board - October 1, 2020ITEM: 4- 22 - 10 2020-09 Planning Board Draft-Uses and Standards P a g e 11 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Funeral Services P P P P P P Mini-Warehouse/Self-Storage P P P P P P P Off-Premises Advertising P* P* P* 4.3.4 Repair Shop P P P P P P P P Food & DrinkFood & DrinkFood & DrinkFood & Drink Commercial Kitchen, Catering P P P P P P P P Microbrewery/Microdistillery P P P P P P P P P Restaurant P P P P P P P P P P LodgingLodgingLodgingLodging Bed and Breakfast Inn S* S* S* S* S* P 4.3.4 Campground/Recreational Vehicle (RV) Park S* S* S* S* S* S* P* P* 4.3.4 Hotel or Motel P P P P P P OfficeOfficeOfficeOffice Contractor Office P S P* P* P P P P P 4.3.4 Labor Organization P P P P P Offices for Private Business and Professional Activities P P P P P P P P P P P Personal ServicesPersonal ServicesPersonal ServicesPersonal Services Dry Cleaning/Laundry Plant P P P P P P P Instructional Services and Studios P P P P P P P P P P Personal Services, General P P P P P P P P P P Planning Board - October 1, 2020ITEM: 4- 22 - 11 2020-09 Planning Board Draft-Uses and Standards P a g e 12 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Retail SalesRetail SalesRetail SalesRetail Sales Auction House P P P Convenience Store S* S* S* S* S* P P P P P S P P P P 4.3.4 Food Market P P P P P P P P Grocery Store P P P P P P P P Oil or Gas Dealer, Retail P P P P Pharmacy P P P P P P P P P Retail Nursery S P P P P P P P P Retail Sales, Building and Construction Supplies P P P P P P P Retail Sales, General P P P P P P P P P Vehicle & Equipment Sales & ServiceVehicle & Equipment Sales & ServiceVehicle & Equipment Sales & ServiceVehicle & Equipment Sales & Service Boat Dealer P P P P P P Car Wash P S P P* P P P P P P 4.3.4 Equipment Rental and Leasing P S P P P P P Farm Implement Sales P P P P P P P Fuel Sales S* P* S* P* P* P* P* P* P* P* P* 4.3.4 Mobile Home and Prefab Building Sales P P P P P Transportation Vehicle Service and Storage Facility S S P P Vehicle Rentals P S P* P P P 4.3.4 Vehicle Sales P P P P P P Planning Board - October 1, 2020ITEM: 4- 22 - 12 2020-09 Planning Board Draft-Uses and Standards P a g e 13 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Vehicle Service Station, Large Vehicles P P P P P P Vehicle Service Station, Minor P S P* P* P P P P P P 4.3.4 Vehicle Service Station, Major P P P P P P Vehicle Towing Service and Storage Yard P S P P P P P P P 4.3.4 Industrial UsesIndustrial UsesIndustrial UsesIndustrial Uses Design & Technology ServicesDesign & Technology ServicesDesign & Technology ServicesDesign & Technology Services Broadcasting and Production Studio P P P P S P P Data Center P P P P Research and Development Facility P P P P P P P P Industry & ManufacturingIndustry & ManufacturingIndustry & ManufacturingIndustry & Manufacturing Artisan Manufacturing P P P P* P* P P P P P 4.3.5 311 Food Manufacturing311 Food Manufacturing311 Food Manufacturing311 Food Manufacturing Animal Food Manufacturing (NAICS 3111) P S S P P P Bakeries and Tortilla Manufacturing (NAICS 3118) P S S P P P Dairy Product Manufacturing (NAICS 3115) P S S P P P Fruit and Vegetable Preserving and Specialty Food Manufacturing (NAICS 3114) P S S P P P Planning Board - October 1, 2020ITEM: 4- 22 - 13 2020-09 Planning Board Draft-Uses and Standards P a g e 14 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Grain and Oilseed Manufacturing (NAICS 3112) P S S P P P Other Food Manufacturing (NAICS 3119) P S S P P P Seafood Product Preparation and Packaging (NAICS 3117) P S S P P P Sugar and Confectionary Product Manufacturing (NAICS 3113) P S P P P P 312 Beverage & Tobacco Product Manufacturing312 Beverage & Tobacco Product Manufacturing312 Beverage & Tobacco Product Manufacturing312 Beverage & Tobacco Product Manufacturing Beverage Manufacturing (NAICS 3121) P S S P P P Tobacco Manufacturing (NAICS 3122) S P 313 Textile Mills313 Textile Mills313 Textile Mills313 Textile Mills Fabric Mills (NAICS 3132) S S P Fiber, Yarn, and Thread Mills (NAICS 3131) S S P Textile and Fabric Finishing and Fabric Coating Mills (NAICS 3133) S S P 314 Textile Product Mills314 Textile Product Mills314 Textile Product Mills314 Textile Product Mills Other Textile Product Mills (NAICS 3149) S S S P Planning Board - October 1, 2020ITEM: 4- 22 - 14 2020-09 Planning Board Draft-Uses and Standards P a g e 15 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Textile Furnishings Mill (NAICS 3141) S S S P 315 315 315 315 Apparel ManufacturingApparel ManufacturingApparel ManufacturingApparel Manufacturing Apparel Accessories and Other Apparel Manufacturing (NAICS 3159) P P P P Apparel Knitting Mills (NAICS 3151) S S S P Cut and Sew Apparel Manufacturing (NAICS 3152) P P P P 316 Leather and Allied Product Manufacturing316 Leather and Allied Product Manufacturing316 Leather and Allied Product Manufacturing316 Leather and Allied Product Manufacturing Footwear Manufacturing (NAICS 3162) P P P P Leather and Hide Tanning and Finishing (NAICS 3161) S P Other Leather and Allied Product Manufacturing (NAICS 3169) P P P P 321 Wood Product Manufacturing321 Wood Product Manufacturing321 Wood Product Manufacturing321 Wood Product Manufacturing Other Wood Product Manufacturing (NAICS 3219) S S P Sawmills and Wood Preservation (NAICS 3211) S S P Veneer, Plywood, and Engineered Wood Product Manufacturing (NAICS 3212) S P S P Planning Board - October 1, 2020ITEM: 4- 22 - 15 2020-09 Planning Board Draft-Uses and Standards P a g e 16 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 322 Paper Manufacturing322 Paper Manufacturing322 Paper Manufacturing322 Paper Manufacturing Converted Paper Product Manufacturing (NAICS 3222) S P 323 Printing & Related Support Activities323 Printing & Related Support Activities323 Printing & Related Support Activities323 Printing & Related Support Activities Printing and Related Support Activities (NAICS 3231) P S S P P P 325 Chemical Manufacturing325 Chemical Manufacturing325 Chemical Manufacturing325 Chemical Manufacturing Basic Chemical Manufacturing (NAICS 3251) S P Other Chemical Product and Preparation (NAICS 3259) [Except Explosives Manufacturing (NAICS 325920) and All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998)] S P Paint, Coating, and Adhesive Manufacturing (NAICS 3255) S P Pharmaceutical and Medicine Manufacturing (NAICS 3254) P P P Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing (NAICS 3252) S P Planning Board - October 1, 2020ITEM: 4- 22 - 16 2020-09 Planning Board Draft-Uses and Standards P a g e 17 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Soap, Cleaning Compound, and Toilet Preparation Manufacturing (NAICS 3256) S P 326 Plastics & Rubber Products Manufacturing326 Plastics & Rubber Products Manufacturing326 Plastics & Rubber Products Manufacturing326 Plastics & Rubber Products Manufacturing Plastics Product Manufacturing (NAICS 3261) S S P Rubber Product Manufacturing (NAICS 3262) S P 327 Nonmetallic Mineral Product Manufacturing327 Nonmetallic Mineral Product Manufacturing327 Nonmetallic Mineral Product Manufacturing327 Nonmetallic Mineral Product Manufacturing Cement and Concrete Product Manufacturing (NAICS 3273) [Except Cement Manufacturing (NAICS 32731)] S P Clay Product and Refractory Manufacturing (NAICS 3271) S P Glass and Glass Product Manufacturing (NAICS 3272) S P Other Nonmetallic Mineral Product Manufacturing (NAICS 3279) S P 331 331 331 331 Primary Metal ManufacturingPrimary Metal ManufacturingPrimary Metal ManufacturingPrimary Metal Manufacturing Alumina and Aluminum Production and Processing (NAICS 3313) [Except Alumina Refining and Primary Aluminum Production (NAICS 331313) and Secondary Smelting and S P Planning Board - October 1, 2020ITEM: 4- 22 - 17 2020-09 Planning Board Draft-Uses and Standards P a g e 18 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Allowing of Aluminum (NAICS 331314)] Iron and Steel Mills and Ferroalloy Manufacturing (NAICS 3311) S P Nonferrous Metal (except Aluminum) Production & Processing (NAICS 3314) S P Steel Product Manufacturing from Purchased Steel (NAICS 3312) S P 332 Fabricated Metal Product Manufacturing332 Fabricated Metal Product Manufacturing332 Fabricated Metal Product Manufacturing332 Fabricated Metal Product Manufacturing Architectural and Structural Metals Manufacturing (NAICS 3323) S S P Boiler, Tank, and Shipping Container Manufacturing (NAICS 3324) S S P Coating, Engraving, Heat Treating, and Allied Activities (NAICS 3328) S P Cutlery and Handtool Manufacturing (NAICS 3322) P S S P P P Forging and Stamping (NAICS 3321) S P Hardware Manufacturing (NAICS 3325) P S S P P P Planning Board - October 1, 2020ITEM: 4- 22 - 18 2020-09 Planning Board Draft-Uses and Standards P a g e 19 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Machine Shops: Turned Product; and Screw, Nut, and Bolt Manufacturing (NAICS 3327) S P Other Fabricated Metal Product Manufacturing (NAICS 3329) S S S P Spring and Wire Product Manufacturing (NAICS 3326) P S S P P P 333 Machinery Manufacturing333 Machinery Manufacturing333 Machinery Manufacturing333 Machinery Manufacturing Agriculture, Construction, and Mining Machinery Manufacturing (NAICS 3331) P S S P P P Commercial and Service Industry Machinery Manufacturing (NAICS 3333) P S P P P P Engine, Turbine, and Power Transmission Equipment Manufacturing (NAICS 3336) P S P P P P Industrial Machinery Manufacturing (NAICS 3332) P S P P P P Metalworking Machinery Manufacturing (NAICS 3335) P S S P P P Other General Purpose Machinery Manufacturing (NAICS 3339) P S P P P P Ventilation, Heating, Air-Conditioning, and Commercial P S S P P P Planning Board - October 1, 2020ITEM: 4- 22 - 19 2020-09 Planning Board Draft-Uses and Standards P a g e 20 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Refrigeration Equipment Manufacturing (NAICS 3334) 334 Computer and Electronic Product Manufacturing334 Computer and Electronic Product Manufacturing334 Computer and Electronic Product Manufacturing334 Computer and Electronic Product Manufacturing Audio and Video Equipment Manufacturing (NAICS 3343) P S S P P P Communications Equipment Manufacturing (NAICS 3342) P S S P P P Computer and Peripheral Equipment Manufacturing (NAICS 3341) P S S P P P Navigational, Measuring, Electromedical, and Control Instruments Manufacturing (NAICS 3345) P S P P P P Manufacturing and Reproducing Magnetic and Optical Media (NAICS 3346) P S S P P P Semiconductor and Other Electronic Component Manufacturing (NAICS 3344) P S S P P P 335 Electrical Equipment, Appliance, and 335 Electrical Equipment, Appliance, and 335 Electrical Equipment, Appliance, and 335 Electrical Equipment, Appliance, and Component ManufacturingComponent ManufacturingComponent ManufacturingComponent Manufacturing Electrical Equipment Manufacturing (NAICS 3353) P S S P P P Electric Lighting Equipment Manufacturing (NAICS 3351) P S P P P P Planning Board - October 1, 2020ITEM: 4- 22 - 20 2020-09 Planning Board Draft-Uses and Standards P a g e 21 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Household Appliance Manufacturing (NAICS 3352) P S S P P P Other Electrical Equipment and Component Manufacturing (NAICS 3359) P S P P P P 336 Transportation Equipment Manufacturing336 Transportation Equipment Manufacturing336 Transportation Equipment Manufacturing336 Transportation Equipment Manufacturing Aerospace Product and Parts Manufacturing (NAICS 3364) P S P Motor Vehicle Body and Trailer Manufacturing (NAICS 3362) S S P Motor Vehicle Manufacturing (NAICS 3361) S S P Motor Vehicle Parts Manufacturing (NAICS 3363) P S P Other Transportation Equipment Manufacturing (NAICS 3369) P S P Railroad Rolling Stock Manufacturing (NAICS 3365) P S P Ship and Boat Building (NAICS 3366) P S P Planning Board - October 1, 2020ITEM: 4- 22 - 21 2020-09 Planning Board Draft-Uses and Standards P a g e 22 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 337 Furniture and Related Product Manufacturing337 Furniture and Related Product Manufacturing337 Furniture and Related Product Manufacturing337 Furniture and Related Product Manufacturing Household and Institutional Furniture and Kitchen Cabinet Manufacturing (NAICS 3371) P S S P P P Office Furniture (including Fixtures) Manufacturing (NAICS 3372) P S S P P P Other Furniture Related Product Manufacturing (NAICS 3379) P S S P P P Medical Equipment and Supplies Manufacturing (NAICS 3391) P P P P Other Miscellaneous Manufacturing (NAICS 3399) P S P P P P Intensive IndustryIntensive IndustryIntensive IndustryIntensive Industry Intensive Manufacturing & ProcessingIntensive Manufacturing & ProcessingIntensive Manufacturing & ProcessingIntensive Manufacturing & Processing All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998) S Alumina Refining and Primary Aluminum Production (NAICS 331313) S Animal Slaughtering and Processing (NAICS 3116) S Cement Manufacturing (NAICS 32731) S Planning Board - October 1, 2020ITEM: 4- 22 - 22 2020-09 Planning Board Draft-Uses and Standards P a g e 23 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Explosives Manufacturing (NAICS 325920) S Foundries (NAICS 3315) S Lime and Gypsum Product Manufacturing (NAICS 3274) S Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing (NAICS 3253) S Petroleum and Coal Products Manufacturing (NAICS 3241) S Pulp, Paper, and Paperboard Mills (NAICS 3221) S Secondary Smelting and Alloying of Aluminum (NAICS 331314) S Other Intensive Industrial UsesOther Intensive Industrial UsesOther Intensive Industrial UsesOther Intensive Industrial Uses Electricity Generating Facilities S Fuel Bulk Storage Facilities S Mining & Quarrying, High Intensity S* 4.3.5 Mining & Quarrying, Low Intensity S* S* 4.3.5 Sanitary Landfill (NAICS 562212) S* 4.3.5 Warehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and DistributionWarehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, Stand-Alone P P P P P Planning Board - October 1, 2020ITEM: 4- 22 - 23 2020-09 Planning Board Draft-Uses and Standards P a g e 24 | 44 Table 4.2.1 Principal Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required **** = Specific Use Standards Apply in District blank cell = not allowed UseUseUseUse Zoning DistrictZoning DistrictZoning DistrictZoning District Use Use Use Use StandardsStandardsStandardsStandards RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Motor Freight Transportation Warehousing P P P P P Recreational Vehicle and Boat Trailer Storage Lot P* P* P* P* P* P* P* 4.3.5 Warehousing P P P* P* P P P 4.3.5 Wholesaling P* P P* P* P* P P 4.3.5 Wholesaling Seafood with Water Frontage P P P Waste & SalvageWaste & SalvageWaste & SalvageWaste & Salvage Commercial Recycling Facility, Large Collection S S S* S* S P* S* P* S* S P**** P* P* P* 4.3.5 Commercial Recycling Facility, Processing S S S* P* P* 4.3.5 Commercial Recycling Facility, Processing and Collection S S S SP* S P* 4.3.5 Commercial Recycling Facility, Small Collection S S S* S* S* S* S S S S S P* P**** P* P* P* S* P* P* P* P* P* 4.3.5 Landfill, Demolition P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.5 Landfill, Landscape P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.5 Junk Yards, Scrap Processing P* 4.3.5 Septage, Sludge Disposal S* 4.3.5 Planning Board - October 1, 2020ITEM: 4- 22 - 24 2020-09 Planning Board Draft-Uses and Standards P a g e 25 | 44 Section 4.3 Standards for Specified Principal Uses 4.3.1 Agricultural Uses A. All Agricultural Uses 1. Stable Stables in the AR, R-20S, 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 7. Dwelling, Two-Family (Duplex) Two-family dwellings in the B-2 district shall comply with the standards for multi-family dwellings. 11. Mobile Home Park c. Buffering The mobile home park shall meet the requirements of Section 5.4, Landscaping and Buffering, except that no decrease in the required 75-foot setback shall be allowed if a buffer width is increased. B. Group Living 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. c. Group homes that are exempt from licensure pursuant to NCGS §122C-22 must recertify their exemption status annually; and d. Group homes for special needs persons must recertify qualification of all residents as special needs persons annually. e. Parking shall be provided in accordance with Section 5.1, Parking and Loading. f. 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. g. Reasonable accommodations shall be provided in accordance with Section 10.3.13, Reasonable Accommodation. Currently applicable, but added for clarification Planning Board - October 1, 2020 ITEM: 4 - 22 - 25 2020-09 Planning Board Draft-Uses and Standards P a g e 26 | 44 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 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. 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. Planning Board - October 1, 2020 ITEM: 4 - 22 - 26 2020-09 Planning Board Draft-Uses and Standards P a g e 27 | 44 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 B. Civic 1. Animal Shelter Animal Shelters in R-15, R-20S, and R-20 Districts shall comply with the following standards: a. Minimum lot size shall comply with Table a: Animal Shelter Minimum Lot Size, based on the number of animals kept at the shelter. TableTableTableTable 4.3.3.B.1.a4.3.3.B.1.a4.3.3.B.1.a4.3.3.B.1.a: Animal Shelter Minimum Lot Size: Animal Shelter Minimum Lot Size: Animal Shelter Minimum Lot Size: Animal Shelter Minimum Lot Size Number of AnimalsNumber of AnimalsNumber of AnimalsNumber of Animals Minimum Lot SizeMinimum Lot SizeMinimum Lot SizeMinimum Lot Size 1-10 2 acres 11-20 4 acres 21-30 6 acres 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. Planning Board - October 1, 2020 ITEM: 4 - 22 - 27 2020-09 Planning Board Draft-Uses and Standards P a g e 28 | 44 e. No outside sign in excess of 2.25 square feet in area shall be permitted. 2. Food Pantry Any areas utilized for waiting or dining shall be incidental in nature and entirely located indoors. 3. 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. 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. 4. Religious Assembly a. Religious Assemblies in the R-7, 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 is provided from a collector street or minor or major thoroughfare is provided Minor Collector road or greater as identified on the Wilmington MPO Functional Classification Map. 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 B-1, CB, and CS districts shall comply with the following standards: Planning Board - October 1, 2020 ITEM: 4 - 22 - 28 2020-09 Planning Board Draft-Uses and Standards P a g e 29 | 44 1. Religious institutions are permitted with no seat limitations if located on a local street or minor or major thoroughfare Minor Collector road or greater as identified on the Wilmington MPO Functional Classification Map. 2. Primary vehicular access to the use shall not be provided by way of a local residential street. 3. When a religious institution any associated buildings, outdoor recreational facilities, or off-street parking areas abut a single-family residential district or use, a buffer shall be provided along the side and rear yards. ... F. Healthcare Facilities 3. Urgent Care Facility Urgent Care Facilities seeking approval of a heliport as an accessory use must obtain a Special Use Permit. 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. G 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. Relocated to Minimum Off- street Parking Table 5.1.5A Relocated to Minimum Off- street Parking Table 5.1.5A Covered in Landscaping and Buffering amendment of Section 5.4 Planning Board - October 1, 2020 ITEM: 4 - 22 - 29 2020-09 Planning Board Draft-Uses and Standards P a g e 30 | 44 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. 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. g. A minimum of two off-street parking spaces per floating structure shall be provided on-shore. 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. Updated and relocated to Minimum Off- street Parking Table 5.1.5A Planning Board - October 1, 2020 ITEM: 4 - 22 - 30 2020-09 Planning Board Draft-Uses and Standards P a g e 31 | 44 4.3.4 Commercial Uses A. Amusement and Entertainment Uses 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 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: i. A residence or a residential zoning district ii. A place of worship or other religious institution iii. A day care center or public or private school iv. A public park, playground, or public library v. Another electronic gaming operation vi. 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 h 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. Relocated to Minimum Off- street Parking Table 5.1.5A Planning Board - October 1, 2020 ITEM: 4 - 22 - 31 2020-09 Planning Board Draft-Uses and Standards P a g e 32 | 44 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. Event Center Event Centers in the B-1 and CB Districts shall be limited to indoor operations only, except that outdoor operations may be allowed in these districts if approved by a Special Use Permit. 4. 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 provided by a Minor Collector road or greater, as designated on the Wilmington MPO Functional Classification Map. e. As part of 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 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 provided by a Minor Collector road or greater, 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. Planning Board - October 1, 2020 ITEM: 4 - 22 - 32 2020-09 Planning Board Draft-Uses and Standards P a g e 33 | 44 B. Animal Services 1. Animal Grooming Service Animal Grooming Services within the B-1, CB, and O&I Districts shall not include outdoor runs or play areas. 2. Equestrian Facility Equestrian facilities in the AR, R-20S, 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. 3. Kennel Kennels in the R-15, R-20S, and R-20 districts shall comply with the following standards: a. Minimum lot size shall comply with Table 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. TableTableTableTable 4.3.4.B.3.a4.3.4.B.3.a4.3.4.B.3.a4.3.4.B.3.a: Minimum Lot Size for Kennel: Minimum Lot Size for Kennel: Minimum Lot Size for Kennel: Minimum Lot Size for Kennel Number of AnimalsNumber of AnimalsNumber of AnimalsNumber of Animals Minimum Lot SizeMinimum Lot SizeMinimum Lot SizeMinimum Lot Size 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. 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. Relocated to Minimum Off- street Parking Table 5.1.5A Planning Board - October 1, 2020 ITEM: 4 - 22 - 33 2020-09 Planning Board Draft-Uses and Standards P a g e 34 | 44 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. H. Retail Sales 1. Convenience Store Convenience stores in the RA, AR, R-15, R-10, and R-7 Districts shall comply with the following standards: 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.b. 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. Relocated to Minimum Off- street Parking Table 5.1.5A Planning Board - October 1, 2020 ITEM: 4 - 22 - 34 2020-09 Planning Board Draft-Uses and Standards P a g e 35 | 44 e. Fuel sales in the R-15 District shall comply with the following standards: f. Fuel sales may be allowed in conjunction with a convenience store use Special Use Permit. g. 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. 4. Vehicle Service Station, Minor Minor vehicle service stations in the B-1 and CB Districts 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 B. Industry & Manufacturing 1. Artisan Manufacturing Artisan manufacturing in the B-1 and CB Districts shall comply with the following standards: a. One or more accessory uses, such as tasting room, tap room, a restaurant, retail, demonstration area, education and training facility or other incidental use open and accessible to the public shall be included. b. Required parking shall be calculated based on the square footage proposed for each use. c. Storage of materials, including silos, products for distribution, and other items requiring long-term storage shall be allowed in areas behind a building, within service alleys, in an enclosed building, or otherwise screened from the public right- of-way, pedestrian way, and adjacent residential properties. Planning Board - October 1, 2020 ITEM: 4 - 22 - 35 2020-09 Planning Board Draft-Uses and Standards P a g e 36 | 44 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. 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 B-2 and CS Districts. 3. Wholesaling Wholesaling shall comply with the following standards: a. Wholesaling of live animals, explosives, and flammable gases or liquids is prohibited in the B-2 and CS Districts. 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. 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: Covered by Exterior Lighting amendment of Section 5.5 Planning Board - October 1, 2020 ITEM: 4 - 22 - 36 2020-09 Planning Board Draft-Uses and Standards P a g e 37 | 44 i. All loading and outside storage shall be to the side and/or rear of the building. ii. Storage or loading conducted on the side of the building shall be screened from view from the adjacent right-of-way. iii. All exterior storage shall be in containers or under shelters that are covered and secured. iv. 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, 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: i. All loading and exterior storage shall be to the side or rear of the building. ii. Storage or loading conducted to the side of the building shall be screened from view from the adjacent right-of-way. iii. All exterior storage shall be in containers or under shelters that are covered and secured. iv. No outside storage shall be visible from residentially-zoned properties. 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, Processing and Collection Commercial Recycling Facilities, Processing and Collection shall meet the standards of Commercial Recycling Facility, Processing and either Commercial Recycling Facility, Large Collection or Commercial Recycling Facility, Small Collection, whichever collection use is applicable. In the event where there is a conflict in standards between the Processing use and applicable Collection use, the most stringent standards shall apply. 4. Commercial Recycling Facility, Small Collection Small collection commercial recycling facilities shall comply with the following standards: Planning Board - October 1, 2020 ITEM: 4 - 22 - 37 2020-09 Planning Board Draft-Uses and Standards P a g e 38 | 44 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 phone 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. 5. 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 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. Planning Board - October 1, 2020 ITEM: 4 - 22 - 38 2020-09 Planning Board Draft-Uses and Standards P a g e 39 | 44 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 horizontal:1 vertical 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. m. All existing landfills that do not have a valid permit shall comply with these regulations immediately. 6. 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. Reference is no longer valid. Compliance with all applicable state laws is required, beyond UDO Covered by Tree Retention amendment of Section 5.3 Planning Board - October 1, 2020 ITEM: 4 - 22 - 39 2020-09 Planning Board Draft-Uses and Standards P a g e 40 | 44 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 10G. 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: i. The landfill shall have access from a platted and recorded road and each site shall be accessed only through an arterial or collector street. ii. 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. iii. Protected trees are not required to be retained within the disposal area. iv. The developer/owner shall be responsible for obtaining a Sedimentation and Erosion Permit. v. Landscape landfills shall not exceed 30 feet in height with side slopes not to exceed a 3 horizontal:1vertical ratio. vi. 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. vii. 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. Covered by Tree Retention amendment of Section 5.3 Reference is no longer valid. Compliance with all applicable state laws is required, beyond UDO Planning Board - October 1, 2020 ITEM: 4 - 22 - 40 2020-09 Planning Board Draft-Uses and Standards P a g e 41 | 44 Section 4.4 Accessory Use and Structure Standards Table 4.4.3Table 4.4.3Table 4.4.3Table 4.4.3: Accessory Use Table: Accessory Use Table: Accessory Use Table: Accessory Use Table Key: PPPP = Permitted by Right SSSS = Special Use Permit Required blank cell = not allowed Accessory Accessory Accessory Accessory UsesUsesUsesUses Zoning DistrictsZoning DistrictsZoning DistrictsZoning Districts RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 IIII----2222 Accessory Dwelling Unit P P P P P P Accessory Structure P P P P P P P P P P P P P P P P P P P P P P P Accessory Use, Customary P P P P P P P P P P P P P P P P P P P P P P P Dry Stack Boat Storage Facility, at a Marina S S S S P P P P P P Electronic Gaming Operation P P P P Electric Vehicle Charging Station P P P P P P P P P P P P P P P P P P P P P P P Farm Stand P P P P P P P P P Home Occupation P P P P P P P P P P P P P P P P P P P P P P P Residential Private Pier P P P P P P P P P P P P P Solar Energy Collection Facility, Accessory P P P P P P P P P P P P P P P P P P P P P P P Stormwater Facilities on Contiguous Properties P P P P P P P P P P P P P P P P P P P P P P P Wind Energy Collection Facility, Accessory P P P P P P P P P P P P P P P P P P P P P P P 4.4.4 Standards for Specified Accessory Uses and Structures E. Electronic Gaming Operation Electronic gaming operations shall comply with the following standards: a. The principal commercial operation must be permitted as a use by right. b. The operation shall be located within the same structure or unit as the principal use. c. The maximum number of machines/terminals/computers allowed per business units is two devices. d. 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. Planning Board - October 1, 2020 ITEM: 4 - 22 - 41 2020-09 Planning Board Draft-Uses and Standards P a g e 42 | 44 e. Off-street parking shall include one additional space per machine over and above the normal parking standards for the uses principal use in accordance with Section 5.1 Parking and Loading, and all parking must comply with all other provisions of Section 5.1 Parking and Loading. H. Solar Energy Collection Facility, Accessory Accessory Solar Energy Collection Facilities shall comply with the following standards: a. Roof-mounted solar energy collection facilities shall not extend beyond the exterior perimeter or beyond the roof peak of the building on which the collection facility is mounted or built. b. Ground-mounted solar energy collection facilities shall meet the minimum requirements for accessory structures. J. Wind Energy Collection Facility, Accessory Accessory Wind Energy Collection Facilities shall comply with the following standards: a. No equipment shall exceed the maximum height permitted in the zoning district. b. All equipment, including foundation, turbines, and guy wires, shall meet the minimum required setbacks for the principal structure, and no ground-mounted wind energy collection facility shall be allowed within any portion of a front yard. c. In the case of ground-mounted wind energy collection facilities, such facilities shall be set back from all adjoining property lines a distance equal to the height of the facility. d. An applicant shall provide proof of an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over speeding, or excessive pressure on the wind energy collection facility, including rotor blades and turbine components. e. The operator of a wind energy collection facility shall maintain general liability insurance coverage for the installation and operation of the facility under a standard homeowner’s or standard business owner’s insurance policy, separate and distinct from any insurance requirements of a public utility. Planning Board - October 1, 2020 ITEM: 4 - 22 - 42 2020-09 Planning Board Draft-Uses and Standards P a g e 43 | 44 Section 4.5 Temporary Use Standards Table 4.5.3: TempTable 4.5.3: TempTable 4.5.3: TempTable 4.5.3: Temporary Use Tableorary Use Tableorary Use Tableorary Use Table Key: Key: Key: Key: PPPP = Permitted by Right = Permitted by Right = Permitted by Right = Permitted by Right blank cellblank cellblank cellblank cell = not allowed= not allowed= not allowed= not allowed Temporary UsesTemporary UsesTemporary UsesTemporary Uses Zoning DistrictsZoning DistrictsZoning DistrictsZoning Districts RARARARA ARARARAR RRRR----20S20S20S20S RRRR----20202020 RRRR----15151515 RRRR----10101010 RRRR----7777 RRRR----5555 RMFRMFRMFRMF----LLLL RMFRMFRMFRMF----MMMM RMFRMFRMFRMF----MHMHMHMH RMFRMFRMFRMF----HHHH PDPDPDPD UMXZUMXZUMXZUMXZ BBBB----1111 CBCBCBCB BBBB----2222 O&IO&IO&IO&I SCSCSCSC CSCSCSCS ACACACAC IIII----1111 I-2 Circuses, Carnivals, and Fairs P P P P P P P Construction Office P P P P P P P P P P P P P P P P P P P P P P P Debris Site P P P P P P P P P P P P P P P P P P P P P P P Farmers’ Market P P P P P P P P P P P P P P Seasonal Sales P P P P P P P P P P P Special Fundraising for Non-profit Organizations P P P P P P P P P P P P P P P P P P P P P P Temporary Emergency Services Facility P P P P P P P P P P P P P P P P P P P P P P P Temporary Family Healthcare Structure P P P P P P P P P P P P P P P P P P P P P P P Temporary Real Estate Office/Model P P P P P P P P P P P P P P P P P P P P P P P Temporary Relocation Housing P P P P P P P P P P P P P P P P P P P P P P P Travel Trailers See Section 4.3.4.5 for Campground/Recreational Vehicle (RV) Park standards 4.5.4 Standards for Specified Temporary Uses C. Debris Site Debris Sites shall comply with the following standards: a. No debris may be located so as to encroach into, or wholly or partially obstruct, any street, right-of-way, driveway, building, sidewalk, multi-use path, fire lane, fire hydrant, or other public infrastructure or utility easement. b. Debris sites are limited to no more than 30 total consecutive calendar days at any one time, unless granted an extension by the Planning Director. Planning Board - October 1, 2020 ITEM: 4 - 22 - 43 2020-09 Planning Board Draft-Uses and Standards P a g e 44 | 44 Section 5.1 Parking and Loading To be included in Table 5.1.2.A: Minimum Off-Street Parking New or Clarified Use Parking Requirement Animal Grooming Service 4/1,000 sf Auction House 2.5/1,000 sf Commercial Kitchen, Catering 1.5/1,000 sf Community Garden No minimum Data Center 1.5/1,000 sf Emergency Services Facility 2.5/1,000 sf Event Center 5/1,000 sf Food Pantry 2.5/1,000 sf Hospice 1 space/4 beds Instructional Services and Studios 2.5/1,000 sf Microbrewery/Microdistillery 8/1,000 sf seating area Oil or Gas Dealer, Retail 2.5/1,000 sf Transportation Vehicle Service and Storage Facility 2.5/1,000 sf indoor office space plus 1 per repair bay Urgent Care Facility 3.5/1,000 sf Planning Board - October 1, 2020 ITEM: 4 - 22 - 44 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 1 | 26 Section 3.3 Mixed Use Zoning Districts 3.3.7 PLANNED DEVELOPMENT (PD) DISTRICT Table 3.3.7.E.2: PD District Development Standards Subject to Modification Standard Means to ModifyMeans to ModifyMeans to ModifyMeans to Modify Article 5: General Development Standards Section 5.1 Parking and Loading MPD Master Plan Section 5.2 Traffic, Access, and Connectivity MPD Master Plan Section 5.3 Tree Retention No modification Section 5.4 Landscaping and Buffering No modification Section 5.5 Exterior Lighting MPD Master Plan Section 5.6 Signs MPD Master Plan Section 5.7 Conservation Resources No modification Section 5.8 Open Space Requirements MPD Master Plan Section 5.9 Fire Hydrants No modification Section 5.10 Airport Height Restriction No modification Article 6: Subdivision Design and Improvements Section 6.1 General Purpose No modification Section 6.2 Design Standards MPD Master Plan Section 6.3 Improvements MPD Master Plan Article 7: Stormwater Management (reserved) Article 8: Erosion and Sedimentation Control No modification (reserved) Article 9: Flood Damage Prevention No modification Article 8: Erosion and Sedimentation Control Section 8.1. Title This Article may be cited as the “New Hanover County Soil Erosion and Sedimentation Control Ordinance.” Section 8.2. Purposes This Article is adopted for the purpose of: A. Regulating certain land-disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution of water and other damage to lakes, watercourses, and other public and private property by sedimentation; and B. Establishing procedures through which these purposes can be fulfilled. Planning Board - October 1, 2020 ITEM: 4 - 23 - 1 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 2 | 26 Section 8.3. Definitions ACCELERATED EROSION Any increase over the rate of natural erosion as a result of land-disturbing activity. ACT The North Carolina Sedimentation Pollution Control Act of 1973 in G.S. 113A-50, et seq. and all rules and orders adopted pursuant to it. ADEQUATE EROSION CONTROL MEASURES, STRUCTURE, OR DEVICES, OR STRUCTURES A measure, structure, or Erosion control devices or structures which that controls the soil material within the land area under responsible control of the person conducting the land- disturbing activity. AFFILIATE A person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control of another person. Approving Authority The Division or other State or a Local Government agency that has been delegated erosion and sedimentation Plan review responsibilities in accordance with the provisions of the Act. BEING CONDUCTED A land-disturbing activity has been initiated and permanent stabilization of the site has not been completed not deemed complete by the approving authority. BORROW Fill material which that is required for on-site construction and is obtained from other locations. BUFFER ZONE The strip of land adjacent to a lake or natural watercourse. COASTAL COUNTIES The following counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven, Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender, Perquimans, Tyrrell, and Washington. COMMISSION The North Carolina Sedimentation Control Commission Common Plan of Development A contiguous area where multiple separate and distinct land-disturbing activities may be taking place at different times and on different schedules under one common plan. The “Common Plan” of development or sale indicates construction activities are planned to occur on a specific plot regardless of ownership of the parcels. COMPLETION OF CONSTRUCTION OR DEVELOPMENT No further land-disturbing activity is required on a phase of a project except that which, as determined by the approving authority, is necessary for establishing a permanent ground cover. DEPARTMENT The North Carolina Department of Environmental Quality. and National Resources. DIRECTOR The Director of the Division of Energy, Mineral, and Land Resources of the N.C. Department of Environmental Quality and Natural Resources. Planning Board - October 1, 2020 ITEM: 4 - 23 - 2 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 3 | 26 DISCHARGE POINT That point at which stormwater runoff leaves a tract of land where a land-disturbing activity has occurred or enters a lake or natural watercourse. DISTRICT The New Hanover County Soil and Water Conservation District created pursuant to Chapter 139, North Carolina General Statutes. Division or DEMLR The Division of Energy, Mineral, and Land Resources of the Department of Environmental Quality. ENERGY DISSIPATER A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. EROSION The wearing away of land surfaces by the action of wind, water, gravity, or any combination thereof. GROUND COVER Any natural vegetative growth or other material which that renders the soil surface stable against accelerated erosion. HIGH QUALITY WATER Those classified as such described in 15A NCAC 2B.0101 02B .0224 (e)(5)- General Procedures, which is incorporated herein by reference to include further subsequent amendments and editions pursuant to G.S. 150B-14(c). HIGH QUALITY WATER (HQW) ZONES Areas in the Coastal Counties that are within 575 feet of High Quality Waters; and for the remainder of the State, areas that are within one mile of and draining to HQW’s. LAKE OR NATURAL WATERCOURSE Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond. , natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment LAND-DISTURBING ACTIVITY Any use of the land by any person in residential, industrial, educational, institutional, or commercial development, highway or road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. LOCAL GOVERNMENT Any County, incorporated village, town, or city, or any combination of counties, incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act. NATURAL EROSION The wearing away of the earth’s surface by water, wind, or other natural agents under natural environmental conditions undisturbed by man as defined in G.S. 113A-52(5). PARENT An affiliate that directly, or indirectly through one or more intermediaries, controls another person. Planning Board - October 1, 2020 ITEM: 4 - 23 - 3 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 4 | 26 PERSON Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private, institution, utility, cooperative, interstate body, or other legal entity. PERSON CONDUCTING LAND-DISTURBING ACTIVITY Any person who may be held responsible for a violation unless expressly provided otherwise by this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. PERSON RESPONSIBLE FOR THE VIOLATION A. The developer or other person who has or holds himself out as having financial or operational control over the land-disturbing activity; or B. The landowner or person in possession or control of the land that has directly or indirectly allowed the land-disturbing activity, or has benefited from it or failed to comply with a duty imposed by any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act. Person Who Violates or Violator Any land owner or other person who has financial or operational control over the land-disturbing activity; or who has directly or indirectly allowed the activity, and who has failed to comply with any provision of the Act, or Ordinance adopted pursuant to the Act, as it imposes a duty upon that person as used in G.S. 113A-64. PHASE OF GRADING One of two types of grading: rough or fine. PLAN An erosion and sedimentation control Plan. Secretary The Secretary of Environmental Quality. SEDIMENT Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. SEDIMENTATION The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land-disturbing activity or into a lake or natural watercourse. SILTATION Sediment resulting from accelerated erosion which is settleable or removable by properly designed, constructed and maintained control measures; and which has been transported from its point of origin within the site of a land-disturbing activity; and which has been deposited, or is in suspension in water. STORM DRAINAGE FACILITIES The system of inlets, conduits, channels, ditches, and appurtenances which that serve to collect and convey stormwater through and from a given drainage area. STORMWATER RUNOFF The surface flow of water resulting from precipitation in any form and occurring immediately after rainfall or melting. Planning Board - October 1, 2020 ITEM: 4 - 23 - 4 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 5 | 26 SUBSIDIARY An affiliate that is, directly or indirectly through one or more intermediaries, controlled by another person. TEN-YEAR STORM The stormwater runoff resulting from precipitation A rainfall of an intensity that based on historical data, is predicted, by a method acceptable to the approving authority, described in to be expected to be equaled or exceeded, on the average, once in ten 10 years, and of a duration which that will produce the maximum peak rate of runoff, for from the watershed of interest under average antecedent wetness conditions. TRACT All continuous land and bodies of water being disturbed or to be disturbed as a unit, regardless of ownership. TWENTY-FIVE YEAR STORM OR Q25 The stormwater runoff resulting from precipitation A rainfall of an intensity that, based on historical data is predicted, by a method acceptable to the approving authority expected to be equaled or exceeded, on the average, one in 25 years, and of a duration which that will produce the maximum peak rate of runoff, for from the watershed of interest under average antecedent wetness conditions. UNCOVERED The removal of ground cover from, on, or above, the soil surface. UNDERTAKEN The initiating of any activity, or phase of activity, which that results or will result in a change in the ground cover or topography of a tract of land. VELOCITY The speed average velocity of flow through the a cross-section of the main channel at the peak flow of the storm of interest. The cross section perpendicular to the direction of the main channel at peak flow of the storm of interest but not exceeding bank full flows. shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow. WASTE Surplus materials resulting from on-site land-disturbing activities, and being to be disposed of at other locations offsite. WORKING DAYS Days exclusive of Saturday and Sunday and Federal and State holidays unless work is being conducted on these holidays, during which weather conditions or soil conditions permit land- disturbing activity to be undertaken. Section 8.4. Scope and Exclusions A. This Ordinance shall apply to land-disturbing activities within the following territorial jurisdiction of New Hanover County and to the extraterritorial jurisdiction of New Hanover County as allowed by agreement between local governments, the extent of annexation or other appropriate legal instrument or law. Planning Board - October 1, 2020 ITEM: 4 - 23 - 5 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 6 | 26 B. Notwithstanding the general applicability of this Ordinance to all land-disturbing activity, this Article shall not apply to the following types of land-disturbing activity: 1. Including the production and activities relating or incidental to the production of crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock, poultry, and all other forms of agriculture undertaken on agricultural land for the production of plants and animals useful to man, including, but not limited to: a. Forage and sod crops, grain and feed crops, tobacco, cotton and peanuts; b. Dairy animals and dairy products; c. Poultry and poultry products; d. Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules and goats, including the breeding and grazing of any or all such animals; e. Bees and apiary products; f. Fur producing animals; g. Mulch, ornamental plants, and other horticultural projects. For purposes of this section, “mulch” means substances composed primarily of plant remains or mixtures of such substances. 2. An activity undertaken on forestland for the production and harvesting of timber and timber products and conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality (Best Management Practices), as adopted by the North Carolina Department of Agriculture and Consumer Services. If land-disturbing activity undertaken on forestland for the production and harvesting of timber and timber products is not conducted in accordance with standards defined by the Forest Practice Guidelines Related to Water Quality, the provisions of this Ordinance shall apply to such activity and any related land-disturbing activity on the tract. 3. An activity for which a permit is required under the Mining Act of 1971; Article 7 of Chapter 74 of the General Statutes; 4. A land-disturbing activity over which the State has exclusive regulatory jurisdiction and provided in G.S. 113A-56(a). 5. An activity which is essential to protect human life during an emergency; 6. Activities undertaken to restore the wetland functions of converted wetlands to provide compensatory mitigations to offset impacts permitted under Section 404 of the Clean Water Act and; 7. Activities undertaken pursuant to National Resources Conservation Service Standards to restore the wetland functions of a converted wetland defined in Title 7 Code of Federal Regulations Sec.§ 12.2. Planning Board - October 1, 2020 ITEM: 4 - 23 - 6 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 7 | 26 Section 8.5. General Requirements A. Plan Approval Required: No person shall undertake any land-disturbing activity subject to this Ordinance which that uncovers an acre, or more than one acre, without first having an erosion control Plan approved by the County. No land- disturbing activity may be initiated until the County is notified of the date that the land-disturbing activity will begin. B. Protection of Property: Persons conducting land-disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity sedimentation and erosion damage caused by land- disturbing activities. C. More Restrictive Rules Shall Apply: Whenever conflicts exist between Federal, State, or local laws, Ordinance, or rules, the more restrictive provision shall apply. D. Plan Approval Exceptions: Notwithstanding the general requirement to obtain a Plan approval prior to undertaking land-disturbing activity, a Plan approval shall not be required for land-disturbing activity, that does not exceed 43,560 square feet in surface area and is not considered a part of a common plan of development. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. E. Building permits: No building permit, unless excluded by Section 18.8 8.17 shall be issued without an erosion control sign-off pursuant to G.S. 153A-357 and G.S. 160A-417 as amended. F. Inspections: Any and all applicable intermediate inspections may be held in any trade (building, mechanical, electric, and/or plumbing) if any land-disturbing activity, on a tract, including single family residences, is found not to be in compliance with any part of this Ordinance. G. Building finals: Building finals and/or certificates of occupancy may not be issued if any land-disturbing activity, including single-family residences, is found not to be in compliance with any part of this Ordinance Section 8.6. Basic Control Objectives A. An erosion and sedimentation control Plan may be disapproved pursuant to Section 18.9 8.18 if the Plan fails to address the following control objectives: 1. Identify critical areas: On-site areas which are subject to severe accelerated erosion, and off-site areas, which are especially vulnerable to damage from erosion and/or sedimentation are to be identified and receive special attention. 2. Limit time of exposure: All land-disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time specified in G.S. 113A-57 or as directed by the approving authority. 3. Limit exposed area: All land-disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. Planning Board - October 1, 2020 ITEM: 4 - 23 - 7 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 8 | 26 4. Control surface water: Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. 5. Control sedimentation: All land-disturbing activity is to be planned and conducted so as to prevent off-site sedimentation damage. 6. Manage storm water runoff: When the increase in the velocity of storm water runoff resulting from a land-disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, Plans are to include measures to control the velocity to the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. Plans are to include measures to control the velocity to the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. Plans shall be designed so that any increase in velocity of stormwater runoff resulting from a land- disturbing activity will not result in accelerated erosion of the receiving stormwater conveyance or at the point of discharge. Plans shall include measures to prevent accelerated erosion within the project boundary and at the point of discharge. B. Preconstruction conferences are optional. You should notify the county when the initial erosion control measures are installed. In the event, a preconstruction conference is required, it must be included on the plan. C. No person may initiate a land-disturbing activity before notifying the County of the date that land-disturbing activity will begin and when the initial erosion control measures are installed. D. A Plan approval issued under this Ordinance shall be prominently displayed at either the primary entrance of the job site or at another location that is observable to the public and inspectors until all construction is complete, all permanent sedimentation and erosion control measures are installed, and the site has been stabilized. A paper copy of the approved Plan shall be kept on file at the job site. Section 8.7. Mandatory Standards for Land-Disturbing Activity No land-disturbing activity subject to the control of this Ordinance shall be undertaken except in accordance with G.S. 113A-57 and the following mandatory standards: A. Buffer Zone: 1. No land-disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the 25% of the buffer zone nearest the land-disturbing activity. This subdivision shall not apply to a land-disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. 2. Unless otherwise provided, The width of a buffer zone is shall be measured horizontally from the edge of the water to the nearest edge of Planning Board - October 1, 2020 ITEM: 4 - 23 - 8 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 9 | 26 the disturbed area, with the 25% of the strip nearest the land-disturbing activity containing natural or artificial means of confining visible siltation. B. Graded slopes and fills: The angle for graded slopes and fills shall be no greater than the angle that can be retained by vegetative cover or other adequate erosion control devices or structures. The angle for graded slopes and fills must be demonstrated to be stable. Stable is the condition where the soil remains in its original configuration, with or without mechanical restraints. In any event, slopes left exposed shall, within 21 calendar days of completion of any phase of grading, be planted or otherwise provided with temporary or permanent ground cover, devices, or structures sufficient to restrain erosion. C. Fill material: Unless a permit from the Department’s Division of Waste Management to operate a landfill is on file for the official site, acceptable fill material shall be free of organic or other degradable materials, masonry, concrete and brick in sizes exceeding twelve (12) 12 inches, and any materials which would cause the site to be regulated as a landfill by the State of North Carolina. D. Ground cover: Whenever land-disturbing activity that will disturb one or more than one acre is undertaken on a tract, the person conducting the land-disturbing activity shall install such sedimentation and erosion control devices and practices that are sufficient to retain the sediment generated by the land-disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Section 8.8.B.5 of this Ordinance, provisions for a ground cover sufficient to restrain erosion must be accomplished within 15 working days or 90 calendar days following completion of construction or development whichever period is shorter. E. Prior plan approval: No person shall initiate any land-disturbing activity that will disturb one or more than one acre on a tract unless, 30 or more days prior to initiating the activity, an erosion and sedimentation control Plan for the activity has been both filed with and approved by the County pursuant to G.S. 113A-57(4) and G.S. 113A-54(d)(4). The land-disturbing activity shall be conducted in accordance with the approved Plan once the Plan has been approved. F. All individuals that obtain a locally-approved erosion and sedimentation control plan that disturbs one acre or more of land, are required by the U.S. Environmental Protection Agency to obtain coverage under the N. C. Department of Environmental Quality Construction General Permit No. NCG010000 (NCG01). The requirements in NCG01 for temporary or permanent ground cover, or stabilization requirements, may differ from the ground cover, or stabilization, requirement in this Ordinance. It is the responsibility of the person conducting the land-disturbing activity to ensure compliance with the NCG01. Section 8.8. Design and Performance Standards A. Except provided in Subsection B.2 of this Section, erosion and sedimentation control measures, devices and structures and devices shall be planned, designed Planning Board - October 1, 2020 ITEM: 4 - 23 - 9 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 10 | 26 and constructed as to provide protection from the calculated maximum peak rate of runoff from the ten 10-year storm that produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture, Natural Resources Conservation Services “National Engineering Field Handbook 630 for Conservation Practices”. Runoff rates shall be calculated using the procedures in the USDA, Soil Conservation Service’s “National Engineering Field Manual for Conservation Practices,” or other acceptable calculation procedures. B. In High Quality Water (HQW) zones, the following design standards shall apply: 1. Uncovered areas in HQW zones shall be limited at any time to a maximum total area of twenty (20) 20 acres within the boundaries of the tract. Only the portion of the land-disturbing activity within a HQW zone shall be governed by this section. Larger areas may be uncovered within the boundaries of the tract with the written approval of the Director upon providing engineering justification with a construction sequence that considers phasing, limiting exposure, weekly submitted self-inspection reports, and more conservative design than the 25-year storm. The Director may also stipulate the inclusion of other conditions in the plan as necessary, based on specific site conditions. 2. Erosion and sedimentation control measures, devices, and structures and devices within HQW zones shall be so planned, designed, and constructed to provide protection from the runoff of the 25-year storm which that produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture, Soil Conservation Service’s “ National Engineering Resources Conservation Services “National Engineering Field Handbook 630 for Conservation Practices”. Field Manual for Conservation Practices” or according to procedures adopted by any other agency of this State or the United States or any generally recognized organization or association. Other methodologies may be used if based on generally accepted engineering standards that are shown to the County to be equivalent to or improved over the procedures in Handbook 630. The County shall determine acceptability of an alternative methodology based upon a showing that the runoff model was based on observed data in agreement with the predictive model. 3. In order to provide for water quality protection in the HQW zones, sediment basins that discharge to those areas shall be designed and constructed to meet the following criteria: Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least 70% for the 40 micron (0.04 millimeter) size soil particle transported into the basin by the runoff of that two-year storm which produces the maximum peak rate of runoff as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service’s “National Engineering Field Manual for Conservation Practices” or according to procedures adopted by any other agency of this State or the United States or any generally recognized organization or association. a. Use a surface withdrawal mechanism, except when the basin area is less than 1 acre; Planning Board - October 1, 2020 ITEM: 4 - 23 - 10 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 11 | 26 b. Have a minimum of 1800 cubic feet of storage area per acre of disturbed area; c. Have a minimum surface area of 325 square feet per cfs of Q25 peak inflow; d. Have a minimum dewatering time of 48 hours; and e. Incorporate 3 baffles, unless the basin is less than 20 feet in length, in which case 2 baffles shall be sufficient. 4. Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than two horizontals to one vertical if a vegetative cover is used for stabilization, unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices, or other forms of acceptable ditch liners proven to the County as being effective in restraining accelerated erosion. In any event,The angle for side slopes shall be sufficient to restrain accelerated erosion. 5. Ground cover sufficient to restrain erosion must be provided for any portion of a land-disturbing activity in a HQW zone within 15 working days or 60 calendar days following completion of construction or development, whichever period is shorter. Upon a written request of the applicant, the Director may allow alternative design or control measures in lieu of meeting the conditions required in Subparagraph 3(b) through 3(e) of this Section if the applicant demonstrates that meeting all of those conditions will result in design or operational hardships and that the alternative measures will provide an equal or more effective level of erosion and sedimentation control on the site. Alternative measures may include, quicker applications of ground cover, use of sediment flocculants, and use of enhanced ground cover practices. Section 8.9. Stormwater Outlet Protection A. Intent: Stream banks and channels downstream from any land-disturbing activity shall be protected from increased degradation by accelerated erosion caused by increased velocity of runoff from the land-disturbing activity. B. Performance standards: Persons shall provide a design and conduct land- disturbing activity so that the post-construction velocity of the ten-10-year storm runoff in the receiving watercourse to, and including the discharge point, does not exceed the greater of: 1. The velocity established by the Maximum Permissible Velocities table in subsection E of this section; or 2. The projected velocity of the ten10-year stormwater runoff in the receiving watercourse stormwater conveyance prior to development. If conditions (1) or (2) of this Paragraph cannot be met, then the receiving watercourse stormwater conveyance to, and including, the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the “prior-to-development” velocity by 10%. Planning Board - October 1, 2020 ITEM: 4 - 23 - 11 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 12 | 26 C. Acceptable management measures: Measures applied alone or in combination to satisfy the intent of this section are acceptable, if there are no objectionable secondary consequences. The County recognizes that the management of storm- water runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternatives, while not exhaustive, are to: 1. Avoid increases in surface runoff volume and velocity stormwater discharge velocities by including designing measures to promote infiltration to compensate for increased runoff from areas rendered impervious; or 2. Avoid increases in storm water stormwater discharge velocities by using vegetated or roughened swales and waterways in place of closed drains and high-velocity paved sections; or 3. Provide energy dissipaters at outlets of storm drainage facilities to reduce flow velocities to the point of discharge; These may range from simple rip- rapped sections to complex structures; or 4. Protect watercourses stormwater conveyance subject to accelerated erosion by improving cross sections and/or providing erosion-resistant lining; and 5. Upgrade or replace the receiving device structure, or watercourse stormwater conveyance such that it will receive and conduct the flow to a point where it is no longer subject to degradation from the increased rate of flow or increased velocity; D. Exceptions: This rule shall not apply where it can be demonstrated to the County that stormwater discharge velocities will not create result in accelerated an erosion problem in the receiving watercourse stormwater conveyance or discharge point. E. Maximum permissible velocities: The following is a table for maximum permissible velocity for storm water discharges in feet per second (F.P.S.) and meters per second (M.P.S.): Table 8.9.E: Maximum Permissible Velocities Material F.P.S. M.P.S. Fine sand (non-colloidal) 2.5 0.8 Sandy loam (non-colloidal) 2.5 0.8 Silt loam (non-colloidal) 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay (very colloidal) 5.0 1.5 Graded, loam to cobbles (non-colloidal) 5.0 1.5 Graded, silt to cobbles (colloidal) 5.5 1.7 Alluvial silts (non-colloidal) 3.5 1.1 Alluvial silts (colloidal) 5.0 1.5 Course gravel (non-colloidal) 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 Planning Board - October 1, 2020 ITEM: 4 - 23 - 12 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 13 | 26 Table 8.9.E: Maximum Permissible Velocities Material F.P.S. M.P.S. Source: Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. Section 8.10. Borrow and Waste Areas When the person conducting the land-disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971; Article 7 of Chapter 74 of the General Statutes, and waste areas for surplus materials other than landfills regulated by the Department’s Division of Waste Management shall be considered as part of the land-disturbing activity. where the borrow material is being used or from which the waste material originated. When the person conducting the land-disturbing activity is not the person obtaining the borrow and/or disposing of the waste, these areas shall be considered a separate land-disturbing activity. Section 8.11. Access and Haul Roads Temporary access and haul roads, other than public roads, constructed or used in connection with any land-disturbing activity shall be considered a part of such activity. Section 8.12. Operations in Lakes, Natural Watercourses Land-disturbing activity in connection with construction in, on, over or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disruption of the stream channel. Where relocation of a stream forms an essential part of the proposed activity, the relocation shall minimize unnecessary changes in the stream flow characteristic. Section 8.13. Responsibility for Maintenance During the development of a site, the person conducting the land-disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control measures as required by the approved plan, or any provision of this Ordinance, the Act, or any order adopted pursuant to the Ordinance or the Act. After site development, the land owner or person in possession or control of the land shall install and/or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road or street right-of- way or easement, accepted for maintenance by a governmental agency. Section 8.14. Restoration of Areas Affected by Failure to Comply The County may require a person who engaged in a land-disturbing activity and failed to retain sediment generated by the activity, as required by G.S. 113A-57(3), to restore the waters and land affected by the failure so as to minimize the detrimental effects of the resulting pollution by Planning Board - October 1, 2020 ITEM: 4 - 23 - 13 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 14 | 26 sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this Ordinance. Section 8.15. Additional Measures Whenever the County determines that significant accelerated erosion and sedimentation is occurring continues as a result of land-disturbing activity, despite application installation of protective practices and maintenance of protective practices, the person conducting the land- disturbing activity will be required to and shall take additional protective action necessary to achieve compliance with the conditions specified in this Ordinance or the Act. Section 8.16. Areas Not Otherwise Covered Notwithstanding previous provisions, when it is determined that severe off-site erosion and/or sedimentation has occurred as a result of any land-disturbing activity, regardless of the size of the site, and despite application and maintenance of protective practices, remedial action shall be taken within a reasonable time period after notification. A notice shall be served upon that person by any means authorized under G.S. 1A-1 Rule 4. The notice shall specify a date by which the person must comply with the Ordinance or rules adopted by this Ordinance. Any person who fails to comply within the time specified is subject to additional civil and criminal penalties for a continuing violation as provided by this Ordinance. Section 8.17. Existing Uncovered Area A. All uncovered areas existing on the effective date of this Ordinance, which resulted from land-disturbing activity which exceed one acre, are subject to continued accelerated erosion, and are causing off-site damage from sedimentation, shall be provided with ground cover or other protective measures, structures or devices sufficient to restrain accelerated erosion and control off-site sedimentation. B. The County shall serve upon the landowner or other person in possession or control of the land a written notice to comply with the Act, this Ordinance, a rule or order adopted or issued pursuant to the Act by the Commission or by the County. The notice to comply shall be served by any means provided by GS 1A-1, Rule 4. The notice will set forth the measures needed to comply, with the Act, the Ordinance, or any rule or order issued pursuant to the Act by the Commission or by the County will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. C. The County reserves the right to require preparation and approval of an erosion control Plan in any instance where erosion control measures are required. D. This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir. Planning Board - October 1, 2020 ITEM: 4 - 23 - 14 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 15 | 26 Section 8.1718. Permits A. No person shall undertake any land-disturbing activity subject to this Ordinance without first obtaining a hardcopy or electronic permit from the County, except that no permit shall be required for any land-disturbing activity: 1. For the purpose of fighting fires; 2. For the stock piling of raw or processed sand, stone or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off-site damage; or 3. That does not exceed 43,560 square feet in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. (Note: This exclusion from permits should allow land- disturbing activities for construction of a single-family residence on a single lot, but may not exceed one acre or be part of a common plan of development). B. The County may establish a fee schedule for the review and approval of erosion control Pplans. In establishing the fee schedule, the County shall consider the administrative and personnel cost incurred by the department for reviewing the Pplans and for related compliance activities. C. The permit fees as seen in Table 8.1718.C include review and land disturbance fees: Table 8.Table 8.Table 8.Table 8.1111777718181818.C: .C: .C: .C: Permit FeesPermit FeesPermit FeesPermit Fees ResidentialResidentialResidentialResidential ReviewReviewReviewReview $200 New projects (Paid at time of application) $200 Active projects (Adding new acreage) $200 Previously permitted inactive projects (With modifications) Land Land Land Land DisturbanceDisturbanceDisturbanceDisturbance $300 per acre disturbed or any increment of an acre. Due prior to Plat Recordation. Builders in a subdivision with active permits where the developer previously paid review and land-disturbing fees will not owe fees. CommercialCommercialCommercialCommercial ReviewReviewReviewReview $200 (Paid at time of application) ReviewReviewReviewReview $200 New projects (Paid at time of application) $200 Active projects (Adding new acreage) $200 Previously permitted inactive projects (With modifications) Land Land Land Land DisturbanceDisturbanceDisturbanceDisturbance $300 per acre disturbed or any increment of an acre. Due prior to issuance of Certificate of Occupancy. Planning Board - October 1, 2020 ITEM: 4 - 23 - 15 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 16 | 26 Table 8.Table 8.Table 8.Table 8.1111777718181818.C: .C: .C: .C: Permit FeesPermit FeesPermit FeesPermit Fees OtherOtherOtherOther ReviewReviewReviewReview $200 (Paid at time of application) Land Land Land Land DisturbanceDisturbanceDisturbanceDisturbance $300 per acre or increment of an acre. Due prior to issuance of the land-disturbing permit. D. Permits will expire one year from the date of issue if no construction activity begins on site. If activity ceases on a permitted site for a period of 12 months, the permit will expire. Section 8.1819. Erosion and Sedimentation Control Plans A. An erosion control Plan shall be prepared for all land-disturbing activities subject to this Ordinance whenever the proposed activity will disturb one or more than one acre on a tract. The Plan shall be filed with the County Engineering Department, the New Hanover Soil and Water Conservation District, and for areas outside municipal corporate limits, the County Planning Department, at least 30 days prior to the commencement of the proposed activity. B. Persons conducting land-disturbing activity on a tract which covers one or more than one acres shall file three copies of the erosion control Plan or a digital copy, with the County at least 30 days prior to beginning such activity and shall keep another paper copy of the approved Plan and a posted copy of the permit prominently displayed at either the primary entrance of the job site or onsite at another location that is observable to the public and inspectors until all construction is complete, all permanent sedimentation and erosion control measures are installed, and the site has been stabilized. After approving the Plan, if the County either upon review of such Plan or inspection of the job site, determines that the Plan is inadequate to meet the requirements of the Act and of this Ordinance, a significant risk of accelerated erosion or offsite sedimentation exists, the County will shall require a revised Plan. Pending the preparation of the revised Plan, work shall cease or shall continue under conditions outlined by the appropriate authority. C. Erosion control Plans may shall be disapproved unless accompanied by an authorized statement of financial responsibility and documentation of property ownership. This statement shall be signed by the person financially responsible for the land-disturbing activity or his or her attorney-in-fact. The statement shall include the mailing and street addresses of the principle place of business of the person financially responsible, and of the owner of the land, and or registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose of receiving notice of compliance or noncompliance with the Plan, the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance. Except as provided in subsection D and K of this section, if the applicant is not the owner of the land to be disturbed, the draft erosion and sedimentation control Plan must include the Planning Board - October 1, 2020 ITEM: 4 - 23 - 16 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 17 | 26 owner’s notarized written consent for the applicant to submit a draft erosion and sedimentation control Pplan and to conduct the anticipated land-disturbing activity. D. If the applicant is not the owner of the land to be disturbed and the anticipated land- disturbing activity involves the construction of utility lines for the provision of water, sewer, gas, telecommunications, or electrical service, the draft erosion and sedimentation control Plan may be submitted without the written consent of the owner of the land, so long as the owner of the land had been provided prior notice of the project. E. The New Hanover Soil and Water Conservation District and the County Planning Department within 20 days of receipt of any Plan, shall review such Plan and submit its comments and recommendations to the County Engineering Department. Failure of the Soil and Water Conservation District and the County Planning Department to submit its comments and recommendations within 20 days or within the prescribed additional time will not delay final action on the Plan. F. The County will review each complete Plan submitted to them and within 30 days of receipt. The person submitting the Plan, will be notified that it has been approved, approved with modifications, approved with performance reservations, or disapproved. The County shall condition approval of an erosion control plan upon the applicant’s compliance with Federal and State Water Quality laws, regulations, and rules. The County shall also disapprove an erosion control plan if implementation of the Plan would result in a violation of rules adopted by the Environmental Management Commission to protect riparian buffers along surface waters. Failure to approve, approve with modifications, or disapprove a complete erosion and sedimentation control Plan within 30 days of receipt shall be deemed approval. Disapproval of an erosion control Plan or a revised erosion control Plan must specifically state in writing the reasons for disapproval. The County must approve, approve with modifications, or disapprove a revised Plan within 15 days of receipt, or it is deemed to be approved. If, following commencement of a land- disturbing activity pursuant to an approved Plan, the County determines that the Plan is inadequate to meet the requirements of the Act and of this Ordinance, either upon review of such Plan or inspection of the job site, determines that a significant risk of accelerated erosion or offsite sedimentation exist, the County shall require a revised Plan to comply with this Ordinance. Pending the preparation of the revised Plan, work shall cease or shall continue under conditions outlined by the appropriate authority. Approval with modification or disapproval of any proposed plan shall entitle the person submitting the Plan to a public hearing in accordance with the provisions of G.S. 113A-61(c). G. Any plan submitted for a land-disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. 113A-1 et seq.) G.S. 113 Article 1, and the Department rules set forth in 15A NCAC 01C. shall be deemed incomplete until a complete environmental document is available for review. The County shall promptly notify the person submitting the Plan that the 30-day time limit for review of the Plan pursuant to subsection F of this Section shall not begin until a the complete environmental document is available for review. H. The County shall approve a Plan upon determining that it complies with all applicable State and local regulations for erosion and sedimentation control. The County shall condition approval of Plans upon the applicant’s compliance with the Planning Board - October 1, 2020 ITEM: 4 - 23 - 17 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 18 | 26 Federal and State water quality laws, regulations and rules. Approval assumes the applicant’s compliance with the Federal and State water quality laws regulations, and rules. I. The Plan required by this section shall contain architectural or engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this Ordinance. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for Plan preparation may be obtained from the County, on request. The Plan shall contain a schedule for inspections after each phase has been completed. J. The county may disapprove an erosion and sedimentation control Plan or disapprove a transfer of a Plan under subsection K of this Section upon a finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant: 1. is conducting or has conducted land-disturbing activity without an approved Plan, or has received notice of violation of a Plan previously approved by the Commission or a local government pursuant to this Article and has not complied with the notice within the time specified in the notice; 2. has failed to pay a civil penalty assessed pursuant to the Article or a local Ordinance adopted pursuant to this Article by the time the payment is due; 3. has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal provision of a local Ordinance adopted pursuant to this Article or; 4. has failed to substantially comply with State rules or local Ordinances and regulations adopted pursuant to this Article. For purposes of this Subsection J an applicant’s record or the proposed transferee’s record may be considered for only two (2) years prior to the application date. In the event that an erosion and sedimentation control Plan or transfer of a Plan is disapproved by the county pursuant to subsection J of this Section, the County shall notify the Director of the Division of Energy, Mineral, and Land Resources of such disapproval within 10 days of the disapproval. The County shall advise the applicant or the proposed transferee and the Director in writing as to the specific reasons that the Plan was disapproved. Notwithstanding the provisions of Section 8.2019 A, the applicant may appeal the local government’s disapproval of the Plan directly to the Commission. K. The County administering an erosion and sedimentation control program may transfer an erosion and sedimentation control Plan approved pursuant to this Section without the consent of the Plan holder to a successor-owner of the property on which the permitted activity is occurring or will occur as provided in this subsection. 1. The County may transfer a Plan if all of the following conditions are met: Planning Board - October 1, 2020 ITEM: 4 - 23 - 18 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 19 | 26 a. The successor-owner of the property submits to the local government a written request for the transfer of the Plan and an authorized statement of financial responsibility and proof of ownership: b. The County finds all of the following: 1. The Plan holder is one of the following: i. A natural person who is deceased. ii. A partnership, limited liability corporation, corporation, or any other business association that has been dissolved. iii. A person who has been lawfully and finally divested of title to the property on which the permitted activity is occurring or will occur. iv. A person who has sold the property on which the permitted activity is occurring or will occur. 2. The Plan holder shall comply with all terms and conditions of the Plan until such time as the Plan is transferred. 3. The successor-owner shall comply with all terms and conditions of the Plan once the Plan has been transferred. 4. Notwithstanding changes to law made after the original issuance of the Plan, the County may not impose new or different terms and conditions in the Plan without the prior express consent of the successor-owner. Nothing in this subsection shall prevent the County from requiring a revised Pplan pursuant to G.S. 113A-54.1 (b). L. No person may initiate a land-disturbing activity before notifying the agency that issued the Plan approval of the date that the land-disturbing activity will begin. The County shall also be notified when the initial erosion control measures are installed, if no preconstruction meeting is held. If preconstruction meetings become a requirement it must be included on the plan. M. Applications for amendment of an erosion control Plan in written and/or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the County, the land-disturbing activity shall not proceed except in accordance with the erosion control Plan as originally approved. N. Any person engaged in land-disturbing activity who fails to file a Plan in accordance with the Ordinance or who conducts a land-disturbing activity except in accordance with provisions of an approved Plan shall be deemed in violation of this Ordinance. O. The landowner, the financially responsible party, or the landowner’s or the financially responsible party’s agent shall perform an inspection of the area covered by the Plan after each phase of the Plan has been completed and after establishment of temporary ground cover in accordance with G.S. 113A-57(2). The person who performs the inspections shall maintain and make available a record of the inspection at the site of the land-disturbing activity. The record shall set out any significant deviation from the approved erosion control Plan, identify any measures that may be required to correct the deviation, and document the completion of those measures. The record shall be maintained until permanent ground cover has Planning Board - October 1, 2020 ITEM: 4 - 23 - 19 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 20 | 26 been established as required by the approved erosion and sedimentation control Plan. The inspections required by this subsection shall be in addition to inspections required by G.S. 113A-61.1. All land-disturbing activities required to have an approved erosion and sedimentation control plan under G.S. 113A-54.1(e) and Sec. 8.18 (A) shall conduct self-inspections for initial installation or modification of any erosion and sedimentation control devices and practices described in an approved Plan. In addition, weekly and rain-event self-inspections are required by Federal regulations, that are implemented through the NPDES Construction General Permit No. NCG010000. Where self-inspections are required by G.S. 113A-54.1(e) and Section 18.9. 8.18(O) of this Ordinance and G.S. 113A-54.1(e), the following apply: 1. The person who performs the inspections shall make a record of the site inspection by documenting the following items: The inspection shall be performed during or after each of the following phases of the Plan; a. all of the erosion and sedimentation control measures, practices and devices, as called for in a construction sequence consistent with the approved erosion and sedimentation control Plan, including but not limited to sedimentation control basins, sedimentation traps, sedimentation ponds, rock dams, temporary diversions, temporary slope drains, rock check dams, sediment fence or barriers, all forms of inlet protection, storm drainage facilities, energy dissipaters, and stabilization methods of open channels, that have initially been installed and do not significantly deviate (as defined in sub-item (1)(c) of this Rule) from the locations, dimensions and relative elevations shown on the approved erosion and sedimentation Plan. Such documentation shall be accomplished by initialing and dating each measure or practice shown on a copy of the approved erosion and sedimentation control Plan or by completing, dating and signing an inspection report that lists each measure, practice or device shown on the approved erosion and sedimentation control Plan. This documentation is required only upon the initial installation of the erosion and sedimentation control measures; practices and devices as set forth by the approved erosion and sedimentation control Plan or if the measure, practices and devices are modified after initial installation; b. the completion of any phase of grading for all graded slopes and fills shown on the approved erosion and sedimentation control Plan, specifically noting the location and condition of the graded slopes and fills. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion and sedimentation control Plan or by completing, dating and signing an inspection report clearing and grubbing of existing ground cover; c. the location of temporary or permanent ground cover, and that the installation of the ground cover does not significantly deviate (as defined in sub-item (1)(e) of this Rule) from the approved erosion and sedimentation control Plan. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion and sedimentation control Plan or by completing, dating and signing Planning Board - October 1, 2020 ITEM: 4 - 23 - 20 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 21 | 26 an inspection report completion of any grading that requires ground cover; d. that maintenance and repair requirement for all temporary and permanent erosion and sedimentation control measures, practices and devices have been performed. Such documentation shall be accomplished by completing, dating and signing an inspection report (the general storm water permit monitoring form may be used to verify the maintenance and repair requirements) completion of all land- disturbing activity, construction, or development, including permanent ground cover establishment and removal of all temporary measures; and e. any significant deviations from the approved erosion and sedimentation control Plan, corrective actions required to correct the deviation and completion of the corrective actions. Such documentation shall be accomplished by initialing and dating a copy of the approved erosion and sedimentation control Plan or by completing, dating and signing an inspection report. A significant deviation means an omission, alteration or relocation of an erosion or sedimentation control measure that prevents the measure from performing as intended transfer of ownership or control of the tract of land where the erosion and sedimentation control Plan has been approved and work has begun. The new owners or person in control shall conduct and document inspections until the project is permanently stabilized as set forth in Sub-Item 1(c) of this Section; 2. The documentation, whether on a copy of the approved erosion and sedimentation control Plan or an inspection report, shall include the name, address, affiliation, telephone number, and signature of the person conducting the inspection and the date of the inspection. Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion and sedimentation control Plan shall occur on a single copy of the Plan and that Plan shall be made available on the site. Any inspection reports shall also be made available on the site; 2. The inspection shall be performed during or after each of the following phases of a Plan Documentation of self-inspections performed under section 1 shall include: a. installation of perimeter erosion and sediment control measures Visual verification of ground stabilization and other erosion control measures and practices as called for in the approved Plan; b. clearing and grubbing of existing ground cover Verification by measurement of settling basins, temporary construction entrances, energy dissipaters, and traps; c. completion of any phase of grading on slopes or fills that requires provision of temporary or permanent ground cover pursuant to G.S. 113A-57(2); The name, address, organization affiliation, telephone number, and signature of the person conducting the inspection and the date of the inspection shall be included, whether on a copy of the Planning Board - October 1, 2020 ITEM: 4 - 23 - 21 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 22 | 26 approved erosion and sedimentation control Plan or an inspection report. A template for an example of an inspection and monitoring report is provided on the DEMLR website at https://deq.nc.gov/about/divisions/energy-mineral-land- resources/erosion-sediment-control/forms. Any relevant licenses and certifications may also be included. Any documentation of inspections that occur on a copy of the approved erosion and sedimentation control Plan shall occur on a single copy of the Plan and the Plan shall be made available on the site. d. completion of storm drainage facilities; A record of any significant deviation from any erosion or sedimentation control measure from that on the approved Plan. For the purpose of this Section, a “significant deviation” means an omission, alternation, or relocation of an erosion or sedimentation control measure that prevents it from performing as intended. The record shall include measures required to correct the significant deviation, along with documentation of when those measures were taken. Deviations from the approve Plan may also be recommended to enhance the intended performance of the sedimentation and erosion control measures. e. completion of construction or development; and f. quarterly until the establishment of permanent ground cover sufficient to restrain erosion or until the financially responsible party has conveyed ownership or control of the tract of land for which the erosion and sedimentation control Plan has been approved and the agency that approved the Plan has been notified. If the financially responsible party has conveyed ownership of control of the tract of land for which the erosion and sedimentation control Plan has been approved, the new owner or person in control shall conduct and document inspections quarterly until the establishment of permanent ground cover sufficient to restrain erosion. Section 8.1920. Plan Review Appeals A. Except as provided in subsection B of this section, the appeal of a disapproval or approval with modifications of a Plan shall be governed by the following provisions: 1. The disapproval or modification of any proposed erosion control Plan by the County, shall entitle the person submitting the Plan or applying for the permit, to a public hearing if such person submits written demand for a hearing within 15 days after receipt of written notice of disapproval or modifications. 2. Hearings held pursuant to this section shall be conducted by the County Engineer within ten (10) days after the date of the appeal or request for a hearing. 3. The County Engineer shall make recommendations to the New Hanover County Board of Commissioners, within ten days (10) after the date of the hearing on any erosion control Plan. Planning Board - October 1, 2020 ITEM: 4 - 23 - 22 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 23 | 26 4. The Board of Commissioners will render its final decision on any Plan upon which a hearing is requested within 30 days of conducting the hearings. 5. If the Board of Commissioners upholds the disapproval or modification of a proposed Plan following the hearing, the person submitting the Plan shall then be entitled to appeal the Board of Commissioners decision to the State Sedimentation Control Commission. The Commission shall direct the Secretary to appoint employees of the Department as provided in G.S. 113A-61(c) and Title 15A NCAC 4B.0118 (d), to a Plan review committee, to hear appeals from the disapproval or modification of erosion and sedimentation control Plans by local governments. Within 30 days following receipt of notification of the appeal, department employees shall complete the review and shall notify the County and the person appealing the County decision that the Plan should be approved, approved with modifications, or disapproved. 6. If either the local government or the person submitting the Plan disagrees with the decision reached by the Department, the applicants right under G.S. 113A-54.1(d) to appeal the Director’s disapproval of an erosion control Plan under G.S. 113 A-54.1(c) gives rise to a right to an appeal to the Commission by filing a notice within 15 days with the Director of the Division of Energy, Mineral, and Land Resources. A Plan review committee consisting of three members of the Commission will be appointed to review the Department’s decision. Within 10 days following receipt of the notification of appeal, the Commissions erosion and sedimentation Plan review committee shall notify the local government and the person submitting the plan of a place and time for a hearing for consideration of the appeal. Both parties shall be given at least 15 days’ notice of the hearing and an opportunity to present written or oral arguments. The erosion and sedimentation Plan review committee shall notify both parties of its decision concerning the approval, disapproval, or modification of the proposed Plan within 30 days following the hearing. 7. An applicant desiring to appeal the Commission’s disapproval of an erosion control Plan shall file with the Office of Administrative Hearings a contested case petition under G.S. 150B, Article 3. B. If an erosion control Plan is disapproved pursuant to Section 8.19 8.18.H, of this Ordinance. Tthe applicant may appeal the County disapproval of the Plan directly to the State Sedimentation Control Commission. Section 8.2021. Inspections and Investigations A. Agents, officials, or other qualified persons authorized by the County, will periodically inspect land-disturbing activity to ensure compliance with the Act, this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, and to determine whether the measures required in the Plan are effective in controlling erosion and sedimentation resulting from land-disturbing activity. Notice of the right to inspect shall be included in the notification of each Plan approval. B. If the County determines that a person engaged in land-disturbing activity has failed to comply with the Act, this Ordinance, or rules, or orders adopted or issued Planning Board - October 1, 2020 ITEM: 4 - 23 - 23 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 24 | 26 pursuant to this Ordinance, or has failed to comply with an approved Plan, a notice of violation shall be served upon that person by any means authorized under in G.S. 1A-1 Rule 4 to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the, Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period specified in the notice of violation may result in additional civil and criminal penalties for a continuing violation as provided in G.S. 113A-64 and this Ordinance. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for willfully obstructing, hampering or interfering with an authorized representative, while in the process of carrying out his official duties. If the person engaged in land-disturbing activity fails to comply within the time specified, enforcement action may be initiated. C. The County shall have power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this Ordinance, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land-disturbing activity. No person shall refuse entry or access to any authorized representative or agent who requests entry for purposes of inspection and who presents appropriate credentials; D. The County shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land-disturbing activity including self-inspections, engineering design reports, or Notices of Violation (NOVs), as necessary to carry out duties specified in the Act or this Ordinance. Section 8.2122. Penalties A. Civil Penalties: 1. Any person who violates any of the provisions of this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance, or order adopted or issued pursuant to this Ordinance, or who initiates or continues a land- disturbing activity for which a Plan is required except in accordance with the terms, conditions, and provisions of an approved Plan, shall be subject to a civil penalty. The maximum civil penalty amount that the county may assess per is five thousand dollars ($5,000.00) per calendar day. A civil penalty may be assessed from the date of the violation. Each day of a continuing violation shall constitute a separate violation. The person alleged to be in violation will be notified of the violation by any means authorized under G.S. 1A-1 Rule 4 to give actual notice. The notice shall describe the violation, with reasonable particularity, state the reason for accessing the penalty, request the illegal activity cease, specify the actions to be taken, specify a reasonable time period within which the violation must be corrected, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action pursuant to G.S. 113A-64. If, after the allotted time period has expired, the violator has not completed corrective action, a civil penalty may be assessed from the date of the notice of Planning Board - October 1, 2020 ITEM: 4 - 23 - 24 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 25 | 26 violation. However, no time period for compliance need be given for failure to submit an erosion control Plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. Each day of continuing violation shall constitute a separate violation. When the person has not been assessed any civil penalty under this subsection for any previous violation, and the person abated the continuing environmental damage resulting from the violation within 180 days from the date of the notice of violation, the maximum cumulative total civil penalty assessed under this subsection for all violations associated with the land–disturbing activity for which the erosion and sedimentation control Plan is required is twenty- five thousand dollars ($25,000). 2. The County Manager or his designee shall determine the amount of the civil penalty to be assessed under this subsection and shall notify the person who is assessed the civil penalty of the amount of the penalty and the reason for assessing the penalty. In determining the amount of the penalty the County Manager or his designee shall consider the severity of the violation, the degree and extent of harm caused by the violation; the type(s) of violation; the duration; the cause; the extent of any off-site damage which may have resulted; and the cost of rectifying the damage, effectiveness of action taken by the violator; adherence to the Plan submitted by the violator; effectiveness of the Plan submitted by the violator; estimated cost of taking corrective sediment control actions; staff investigative cost; the amount of money the violator saved by noncompliance, whether the violation was committed willfully, and the prior record of the violator in complying or failing to comply with this Ordinance, the Commission, or the Act. The County shall provide notice of the civil penalty amount and basis for assessment to the person assessed. The notice of assessment shall be served by any means authorized under G.S. 1A-1, Rule 4. The notice of assessment shall direct the violator to either pay the civil penalty assessment, or contest the assessment within 30 days after receipt of the notice of assessment, by filing a written petition for a hearing before the Board of County Commissioners, or file a request with the Sedimentation Control Commission for remission of the assessment within 60 days of receipt of the notice. A remission request must be accompanied by a waiver of the right to a contested case hearing pursuant to Chapter 150B of the North Carolina General Statutes and a stipulation of the facts on which the assessment was based. Notice of the assessment shall be served by any means authorized under G.S.1A-1, Rule 4 to give actual notice. 3. Any appeals from the determination of the Board of County Commissioners must be filed with the Superior Court of the County within 30 days following the Board’s issuance of its final determination. If payment is not received or equitable settlement reached within 60 days after demand for payment is made, the matter shall be referred to the County Attorney for institution of a civil action in the name of the County in Superior Court where the violation occurred, or the violators residence or principle place of business. A civil action must be filed within three (3) years of the date the assessment was due. An assessment that is not contested is due when the violator is served with a notice of assessment. Planning Board - October 1, 2020 ITEM: 4 - 23 - 25 2020-09 Planning Board Draft-Erosion & Sedimentation Control P a g e 26 | 26 An assessment that is contested is due at the conclusion of the administrative and judicial review of the assessment. 4. The clear proceeds of civil penalties collected pursuant to this Ordinance shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-457.2. Penalties collected by the County may be diminished only by the actual costs of collection. The collection cost percentage to be used shall be established and approved by the North Carolina Office of State Budget and Management on an annual basis, based upon the computation of actual collection cost by each County for the prior fiscal year. (In any event, the cost percentage shall not exceed twenty percent (20%) of penalties collected). B. Criminal Penalties: Any person who knowingly or willfully violates any provision of this Ordinance, or rule or order adopted or issued pursuant to this Ordinance, or who knowingly or willfully initiates or continues a land-disturbing activity for which an erosion control Plan is required except in accordance with terms, conditions, and provisions of an approved Plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed five thousand dollars ($5,000.00) per calendar day as provided in G.S. 113A-64. Section 8.2223. Injunctive Relief A. Whenever the governing body has reasonable cause to believe that any person is violating or threatening to violate this Ordinance or any rule or order adopted or issued pursuant to this Ordinance, or any term, condition, or provision of an approved Plan, it may, either before or after the institution of any other action or proceeding authorized by this Ordinance, institute a civil action in the name of the County, for injunctive relief to restrain the violation or threatened violation. The action shall be brought in the Superior Court of the County in which the violation is occurring or is threatened. B. Upon determination by a Court that an alleged violation is occurring or is threatened, the Court shall enter any order or judgment that is necessary to abate the violation, to ensure that restoration is performed, or to prevent the threatened violation. The institution of an action for injunctive relief under this section shall not relieve any party to such proceedings from any civil or criminal penalty prescribed for violations of this Ordinance. Section 8.2324. Severability If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other sections shall nevertheless continue in full force and effect. Section 8.2425. Effective Date December 16, 2019 {Insert new effective date.] Section 8.2526. Reserved Planning Board - October 1, 2020 ITEM: 4 - 23 - 26