2021-05-03 RM Exhibits i
i
Exhibit
3 NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book XL%11 Page 4 1
I
38th ANNUAL NATIONAL TRAVEL AND TOURISM WEEK PROCLAMATION
1 i
WHEREAS,the power of travel has been a consistent driver of New Hanover County's economy and workforce,and 83%of
travel and tourism-dependent businesses and organizations are small businesses;and
I
i
WHEREAS, last year, the coronavirus pandemic devastated every sector of the travel industry with staggering declines in
2020,affecting every community in the country,including New Hanover County;and
a
1 WHEREAS,the travel industry cannot recover without the full return of leisure and business travel, as well as meetings and
events;and
a
WHEREAS,in the United States:
I • A robust travel industry provides significant economic benefits for the nation,generating more than $2.6 trillion in
1 economic output in 2019,with$1.1 trillion spent directly by travelers.
I • Spending by travelers has aided state and local governments alike, generating$180 billion in tax revenue in 2019
I to support essential services and programs.
i • In 2020 travel spending was down nearly$500 billion,costing the U.S.economy$1.1 trillion.
• The total number of U.S.travel-supported jobs fell by 34%,from 17 million in 2019 to just 11 million in 2020.
• The rebound of travel will drive the rebuilding of the U.S.economy and American workforce;and
1 WHEREAS,in North Carolina:
1 • Prior to the pandemic,Travel and Tourism was among the state's fastest growing industries and domestic travelers
spent a record$29.2 billion in North Carolina in 2019.
• Early estimates from Tourism Economics indicate that travel spending in 2020 was down 37% and that tax
I revenues were down by 31%;and
I
WHEREAS,in New Hanover County:
• Visitor spending infuses millions of new dollars into our local economy each year that helps to fund beach
I
I nourishment,the convention center,lifeguard programs and more.
• In 2019, prior to the Covid-19 pandemic, the economic impact of Tourism was estimated at a record $658.78
( million, and the local travel industry provided more than 6,680 jobs,supporting a payroll of$158.15 million. It also
I generated approximately $57.91 million in state and local tax receipts, representing a $245.85 tax saving to each
county resident.
i • The power of travel will revive New Hanover County and drive us forward to a more prosperous future;and
1
I WHEREAS, the travel industry has a significant effect on the local economy and a profound impact on the lives of the
citizens of New Hanover County.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May 2-8, 2021 will be
recognized as"National Travel and Tourism Week"in New Hanover County.
i
fADOPTED this the 3rd day of May,2021.
�Y NE - ` OVE• O NTY
5 G' N NQp , if/
1 �� ulia 4Ison-Roseman,Chair
Z ATTEST: 6 0
-, ,.;;:_,,,,,,'I. 4 - r4� ,I// `1 li , /
•f,rn S Eo Ky f erleigh G.Crowell,CI to the Board
1
I
I
k
Exhibit
Book XPage
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
NATIONAL PRESERVATION MONTH PROCLAMATION
WHEREAS, historic preservation is an effective tool for managing growth and sustainable development,
revitalizing neighborhoods,fostering local pride, and maintaining community character while enhancing
livability; and
WHEREAS, historic preservation is relevant for communities across the nation, both urban and rural,and
for Americans of all ages, all walks of life and all ethnic backgrounds; and
WHEREAS, it is important to celebrate the role of history in our lives and the contributions made by
dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a
people; and
WHEREAS, National Preservation Month 2021 is co-sponsored by both the Historic Wilmington
Foundation and the National Trust for Historic Preservation.
NOW,THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May
2021 will be recognized as "National Preservation Month" in New Hanover County and calls upon New
Hanover County citizens to join their fellow citizens across the United States in recognizing and
participating in this special observance.
ADOPTED this the 3rd day of May, 2021.
NEW HANOVER COUN
0041 Y•do �fIA
wG y� Julia • on-Boseman, Chair
isj—ATATTEST:
•fST s `� Kyr�berleigh G. 4.well, Clerk to the Board
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Exhibit
NATIONAL WOMEN'S HEALTH MONTH Book X_ L!►I_Page 4.3
AND WOMEN'S HEALTH WEEK PROCLAMATION
WHEREAS, National Women's Health Week is a weeklong health observance led by the U.S. Department
of Health and Human Services' Office on Women's Health (OWH)to encourage women to be as healthy
as possible; and
I
WHEREAS, the week May 9-15, 2021, serves as a reminder for women and girls, especially during the
COVID-19 pandemic,to make their health a priority and build positive health habits for life; and
WHEREAS,Women's Health Month will focus on a broad range of women's health issues, including heart
disease, diabetes, cancer, respiratory disease, and mental health; and
WHEREAS,Women's Health Month empowers women to take responsibility for their health, understand
their health options, and identify services; thereby increasing equal access to services, resources, and
products that best help them prevent and reduce poor health outcomes; and
WHEREAS, it is extremely important for all women and girls, especially those with underlying health
conditions such as hypertension, diabetes, obesity, cardiovascular and respiratory diseases, and women
I 65 years and older, to take care of their health now; and
WHEREAS, educating women on the importance of preventative health and participating in health
screenings will help prolong their lifespan and support their role as productive family members; and
I WHEREAS, mothers who maintain a healthy lifestyle are role models for their children and are well
equipped to care for a happy, healthy family; and
i
WHEREAS, May is designated as National Women's Health Month.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May
2021 will be recognized as "National Women's Health Month" and that May 9-15, 2021 will be
recognized as "Women's Health Week" in New Hanover County. The Board of Commissioners
encourages citizens to increase awareness of the importance a healthy lifestyle, regular exercise, and
regular medical check-ups and to participate in preventative health practices and early detection efforts
for all women in New Hanover County.
1
I ADOPTED this the 3rd day of May, 2021.
sT NEW HANOVER CO N
a
P Julia Ison-B seman, Chair
z ` \ O
�,�� � � ' ATTES
" I •
•FlrAFClSHEP
Kym erleigh G. Cro ell, Clerk to the Board
i
1
Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS Book LI t t page 4 .q
FOSTER CARE AWARENESS MONTH PROCLAMATION
WHEREAS, in New Hanover County there are approximately 300 children of all ages in the custody of the
Department of Social Services and of those children, over half reside in foster homes, group homes,
hospitals and with relatives; and
WHEREAS, it is the goal of this community to provide these children with safe, stable and nurturing
family environments; and
WHEREAS, we turn more and more to the family foster homes of New Hanover County to nurture the
bodies and spirits of the children in our charge while our social workers support parents in building on
their strengths to provide safe, permanent homes for their children to return to; and
WHEREAS, foster parents frequently adopt their foster children, which results in a continual need for
more foster families; and
WHEREAS, May is singled out as Foster Care Awareness Month to be the one month we publicly
recognize the tremendous contribution made by foster parents, numerous individuals and public and
private organizations to the child welfare system and to the lives of the young somehow entangled in
that system.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May
2021 will be recognized as "Foster Care Awareness Month" in New Hanover County.
BE IT FURTHER PROCLAIMED that the New Hanover County Board of Commissioners, in recognition of
Foster Care Awareness Month,thanks all foster mothers and foster fathers for their commitment of time
and talents to these precious children and encourages all citizens to celebrate the contributions of foster
parents and child welfare professionals. The New Hanover County Board of Commissioners further
encourages the community, businesses, faith-based organizations and families to participate in efforts
to recruit and support foster families in New Hanover County.
ADOPTED this the 3rd day of May, 2021.
NEW HANOVER COU
Y'N
OJ 4T ti OAT
• 1. • son-Boseman, Chair
o �- 4 10
',J -r?� ATTES ..
/. a a I
��ti ^� �a 1-4114/ 1 l e. v♦I r
.F STgg(.ISNE3 K fberleigh G. C A ell, Clerk to the Board
Exhibit
NEW HANOVER COUNTY BOARD OF COMMISSIONERS BEQOk X l.� Page.S
ELDER ABUSE AWARENESS MONTH PROCLAMATION
WHEREAS, elder abuse is the broad term used to identify mistreatment of elderly and disabled adults;
and
WHEREAS, abuse and neglect of elderly and disabled adults is one of the most under-recognized and
under-reported social problems in this country; and
WHEREAS, the magnitude of the problem is likely to increase for several reasons, especially with the
increasing rise in the number of elderly population; and
WHEREAS, mistreatment can take many forms: physical abuse, emotional abuse, sexual abuse, neglect
by a caregiver, self-neglect, exploitation, and financial exploitation; and
WHEREAS, it is estimated that approximately five million people age 60+ suffer elder abuse every year;
and
WHEREAS, it is estimated that approximately one out of every twenty-four cases of elder abuse is
reported; and
WHEREAS, abuse of the elderly and disabled is preventable.
NOW,THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that May
9, 2021 through June 20, 2021 will be recognized as "Elder Abuse Prevention Awareness Month" in New
Hanover County. All residents and other jurisdictions are encouraged to become more aware of this
problem and join in the prevention of elder abuse.
ADOPTED this the 3rd day of May, 2021.
NEW HANOVER COON
C`� v.Qf,
%LBo2 air
4 n
Zs` o ATTEST:
x4 1r ,_��� Ky 1•erleigh G. C =* ell, Clerk to the Board
•F5TAFGISHE-
i
Exhibit
Book ) 1-lt L Page 4•CO
CERTIFIED COPY OF RESOLUTION
OF
New Hanover County, State of North Carolina
I, the undersigned, hereby certify that I am a representative of New Hanover County in the State of North Carolina
and that the following is a true copy of the Resolution duly adopted by the Board of Commissioners of New
Hanover County effective the of , 2021.
RESOLVED, that the officers listed below are authorized Representatives of New Hanover County with the
authority to conduct all Trust Business on behalf of New Hanover County with First-Citizens Bank & Trust
Company, related to the New Hanover Regional Medical Benefit Plans.
Name Title Signature
(��Lisa Wurtzbacher Chief Financial Officer A_��
—
Deputy Chief Financial
Martha Wayne Officer '(Nt1CaQ u:latk_st_,
I further certify that this Resolution has neither been rescinded nor modified.
Witness my hand and seal of this 3131day of 2021.
Signature of Representative: i if .Nrf" .,0°' --
Printed Name: £.X o4. UISOn —' xvic t.
Title: OJACA.,kr
O
,a 1
•Es.7-4RLIstko\
I
i
Exhibit
Book XI-Il l Page 4.1
New Hanover County Monthly Collection Report for March 2021
Current Year 2020-2021
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 150,029,981.01 $ 14,870,952.05 $ 9,720,282.88 $ 174,621,215.94
Abatements $ (54,134.90) $ (142,837.56) $ (196,972.46)
Adjustments $ 32,810.73 $ 16,083.52 $ 48,894.25
Total Taxes Charged $ 150,008,656.84 $ 14,744,198.01 $ 9,720,282.88 $ 174,473,137.73
Collections to Date $ 149,843,814.09 $ 14,034,095.35 $ 9,720,282.88 $ 173,598,192.32
's *Refunds $ 1,287,929.31 $ 132,748.80 $ 1,420,678.11
Write-off $ 127.27 $ 1,174.72 $ 1,301.99
Outstanding Balance $ 1,452,644.79 $ 841,676.74 $ - $ 2,296,925.51
Collection Percentage 99.03 94.29 100.00 98.68
YTD Interest Collected $ 154,301.37 $ 16,847.63 $ 57,561.53 $ 228,710.53
1 Total 2020-2021 Collections YTD $ 172,406,224.74
Prior Years 2010-2019
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 1,802,044.87 $ 4,498,560.07 $ 402,846.95 $ 6,703,451.89
Abatements $ (47,623.11) $ (74,737.00) $ - $ (122,360.11)
Adjustments $ - $ 1,232.21 $ - $ 1,232.21
Total Levy $ 1,754,421.76 $ 4,425,055.28 $ 402,846.95 $ 6,582,323.99
Collections to Date $ 544,207.27 $ 253,553.17 $ 1,090.25 $ 798,850.69
*Refunds $ 65,308.60 $ 285,304.03 $ 604.62 $ 351,217.25
Write-off $ 15,545.94 $ 198,131.88 $ 76,486.02 $ 290,163.84
Outstanding Balance $ 1,259,977.15 $ 4,258,674.26 $ 325,875.30 $ 6,424,854.39
YTD Interest Collected $ 66,699.07 $ 33,481.28 $ 382.13 $ 100,562.48
Total Prior Year Collections YTD $ 548,195.92
Grand Total All Collections YTD _ _ $ :172,954,420,66'
1 *Detailed information for Refunds can be found in the Tax Office
NEW HANOVER COUNTY
Al G0� Y
F ��
�j O 1.
fir Z/ !) >
yam „
it 1 -I ' '.44 g.OELAWA_
jl
sr7 k to the Boar,. •ESTAatismoO
■5/251401
Date
1
1
New Hanover County Debt Service Monthly Collection Report for March 2021
Current Year 2020-2021
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 19,796,952.20 $ 1,953,037.54 $ 1,282,643.23 $ 23,032,632.97
4 Abatements $ (7,142.88) $ (18,833.65) $ - $ (25,976.53)
Adjustments $ 4,338.15 $ 2,122.35 $ - $ 6,460.50
Total Taxes Charged $ 19,794,147.47 $ 1,936,326.24 $ 1,282,643.23 $ 23,013,116.94
Collections to Date $ 19,600,179.35 $ 1,826,745.58 $ 1,282,643.23 $ 22,709,568.16
*Refunds $ 290.35 $ 1,277.68 $ 1,568.03
Write-off $ 39.54 $ 160.43 $ 199.97
Outstanding Balance $ 194,218.93 $ 110,697.91 $ - $ 303,748.75
Collection Percentage 99.02 94.28 100.00 98.68
YTD Interest Collected $ 20,336.14 $ 2,178.22 $ 7,574.45
Total 2 ,221,C9Ilections YID _ ;,22;70).$68.1.6
Prior Years 2010-2019
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 183,590.02 $ 280,226.37 $ - $ 463,816.39
Abatements $ (6,210.94) $ (8,852.55) $ (15,063.49)
Adjustments $ 162.61 $ 162.61
Total Levy $ 177,379.08 $ 271,536.43 $ - $ 448,915.51
Collections to Date $ 66,251.58 $ (4,413.97) $ - $ 61,837.61
*Refunds $ 5,963.26 $ 1,292.65 $ - $ 7,255.91
Write-off $ 11.46 $ 7.25 $ - $ 18.71
Outstanding Balance $ 117,079.30 $ 277,235.80 $ - $ 394,352.52
YTD Interest Collected $ 7,053.84 $ 3,699.89 $ - $ 10,753.73
Total Prior Year Collections YTD $ 65,335.43
*Detailed information for Refunds can be found in the Tax Office 1
NEW HANOVER COUNTY
AP/ 9/ NTY'N
Go v o
�F �
`` y
' r
/ a / 1, p : 16
Cler/o the Board .FSTSRusHEVN
aaa I
Date q431
i
1
1
New Hanover County Fire District Monthly Collection Report for March 2021
Current Year 2020-2021
Real Estate Personal Property Motor Vehicles Combined
Scroll/Billed $ 9,016,674.83 $ 1,044,680.34 $ 741,621.32 $ 10,802,976.49
Abatements $ (2,705.01) $ 604.68 $ (2,100.33)
Adjustments $ 5,666.18 $ 142.48 $ 5,808.66
Total Taxes Charged $ 9,019,636.00 $ 1,045,427.50 $ 741,621.32 $ 10,806,684.82
Collections to Date $ 8,936,787.32 $ 1,012,413.20 $ 741,621.32 $ 10,690,821.84
*Refunds $ 53.61 $ 745.97 $ 799.58
Write-off $ 23.90 $ 118.13 $ 142.03
Outstanding Balance $ 82,878.39 $ 33,642.14 $ - $ 116,804.59
Collection Percentage 99.08 96.78 100.00 98.92
YTD Interest Collected $ 8,359.26 $ 985.94 $ 4,262.60 $ 13,607.80
Total 2020-2021 Collections YTD $ 10,703,630.06
Prior Years 2010-2019
Real Estate Personal Property Motor Vehicles Combined
Scroll $ 113,568.63 $ 248,623.36 $ 24,031.75 $ 386,223.74
Abatements $ (4,621.02) $ (202,766.54) $ - $ (207,387.56)
Adjustments $ 157.09 $ - $ 157.09
Total Levy $ 108,947.61 $ 46,013.91 $ 24,031.75 $ 178,993.27
Collections to Date $ 37,678.95 $ (194,011.16) $ 24.54 $ (156,307.67)
*Refunds 4,621.02 $ 649.78 $ 5,270.80$
Write-off $ 600.68 $ 9,302.99 $ 4,283.73 $ 14,187.40
Outstanding Balance $ 75,289.00 $ 231,371.86 $ 19,723.48 $ 354,759.14
YTD Interest Collected $ 4,766.53 $ 957.90 $ 20.95 $ 5,745.38
Total Prior Year Collections YTD $ (150,562.29)
Grand Total Ail Collections.YID :10,553,067.77.
*Detailed information for Refunds can be found in the Tax Office
9 NEW HANOVER COUNTY
i 04 61.?VX
Cha' O .A"90
y
2
2 's d{` .a
Cler o the Board �fs'A ctSHEO‘��.
a0a I
Date
1
Exhibit
Book t-i t page _
AGENDA: May 3,2021
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
AN ORDINANCE AMENDING THE FISCAL YEAR 2021 BUDGET
BE IT ORDAINED by the Board of County Commissioners of New Hanover County,North Carolina,that the
following Budget Amendment(s)be made to the annual budget ordinance for the fiscal year ending June 30,2021.
Section 1: Details of Budget Amendment
Strategic Focus Area: Superior Public Health&Safety
Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands
Fund: Stormwater Services
Expenditure: Decrease Increase Total
BA 21-070 Supplies $ 50000 $ 50,000
Totttl e A` s ONO
Revenue: Decrease Increase Total
BA 21-070 Transfer in from General Fund $ 507000 $ 50,000
Total S • $ N` .. 30
Prior to Total if Actions
Actions Today Taken
Departmental Budget I S 2,212,746 I $ "..u.0 ,. '2,322,746
Fund: General
Expenditure: Decrease Increase Total
BA 21-070 Transfer to Stormwater Services $ 50t000 $ 50t000
Total .S , • ,,,,;,, -SQ tS; . F
Revenue: Decrease Increase Total
BA 21-070 Appropriated Fund Balance $ 501000 $ 50,000
Total $ . _
$ $0,4100.1, **x0,000
Prior to Total if Actions
Actions Today Taken
Appropriated Fund Balance (S 9,113,400 I S 9;163,400,
Section 2: Explanation
BA 21-070 Due to supply chain issues,it currently takes longer to purchase small tools and equipment,especially from
companies that offer special government pricing. This request is to borrow from the General Fund to purchase chain
saws,small hand tools,personal protection equipment,supplies and a utility trailer necessary to begin delivering
services on July 1,2021. These items cannot be financed. Purchasing this equipment ahead of time will allow better
pricing and will ensure all necessary tools and gear are secured in time to begin delivery of service.
Once Stormwater Services is up and running,all funds will be reimbursed to the General Fund and an approved budget
will be in place for future purchases. This arrangement will allow for services to be delivered in a timely manner.
Section 3: Documentation of Adoption
This ordinance shall be effective upon its adoption.
NOW,THEREFORE,BE IT RESOLVED by the Board of County Commissioners of New Hanover County,North
Carolina,that the Ordinance for Budget Amendment(s)21-070 amending the annual budget ordinance for the fiscal
year ending June 30,2021,is adopted.
Adopted,this 3rd der of May,2021.
(SEAL) Gam/ V�
fi
0
J``/ \' i
Ci ^_ 'a%lson-Bos •
�
, di1// ,. x■11 A
K � '� leigh G.Crowell, k to the Board
! •FSTAtiLiSHEV��"
i
Exhibit
x�`, 1 4�q
AN ORDINANCE OF THE COUNTY OF NEW HANOVER Book Page
AMENDING THE UNIFIED DEVELOPMENT ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED MAY 3, 2021
I
,
CASE TA21-01
i
I WHEREAS, pursuant to N.C.G.S. § 160D,the County of New Hanover("County") may adopt zoning
and development regulation ordinances and combine any ordinances authorized into a unified
ordinance for the purpose of promoting health, safety, morals or the general welfare;
j
i
WHEREAS, the County desires to amend the provisions in the Unified Development Ordinance
for compliance with North Carolina General Statutes Chapter 160D and to perform technical fixes
1
1 to various identified provisions throughout the code;
WHEREAS, the amendment will update the Unified Development Ordinance to align County
development regulations with North Carolina General Statutes Chapter 160D, modify mini-
warehouse/self-storage design standards to allow architectural metal paneling in high visibility
areas, modernize green building certification programs in the Exceptional Design Planned
Development (EDZD) district and designate the EDZD as a legacy district, clarify that multi-family
Isite design standards apply to multi-family districts, refine sizes of required landscape plantings,
' update definitions for clarity based on changes in law or past interpretations, modify flood
ordinance provisions for consistency with federal requirements, correct a transfer error
regarding duplex lot sizes in the R-20 district, and align use terms identified in Adult
Entertainment Establishment separation requirements with use terms in the Principal Use Table;
WHEREAS, the County finds that this amendment is consistent with the purpose and intent of
1 the 2016 Comprehensive Plan because it aligns the County's land use and development standards
and procedures with recent changes in state law and advances the County's efforts to ensure the
tools in the code continue to work as they are intended; and
WHEREAS, the County finds that approval of the amendment is reasonable and in the public
1 interest because it brings the New Hanover County Unified Development Ordinance into
3
compliance with state law and allows for clear and consistent administration of the code;
i
1 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1.The Unified Development Ordinance of the County of New Hanover adopted February
3, 2020 is hereby amended per the attached document.
i
Section 2. Any Ordinance or any part of any ordinance in conflict with this ordinance, to the
1
extent of such conflict, is hereby repealed.
4
1
ISection 3. This ordinance is adopted in the interest of the public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to
the conditions also approved as part of this action, shall be in full force and effect from and after
3 its adoption.
Page 1 of 2
i
1
1
I
1
1
Section 4.The County Commissioners find, in accordance with the provisions of N.C.G.S § 160D-
605, that adoption of this amendment is consistent with the purpose and intent of the 2016
/i Comprehensive Plan because it aligns the County's land use and development standards and
/ procedures with recent changes in state law and advances the County's efforts to ensure the
tools in the code continue to work as they are intended, and that adoption of the amendment is
reasonable and in the public interest because it brings the New Hanover County Unified
Development Ordinance into compliance with state law and allows for clear and consistent
4
administration of the code.
1
I
1
ADOPTED this the 3rd day of May, 2021
1
1
4
NEW HANOVER COUNTY
I
r GC)vNTY. f
S E NU / /
o i Julia Olson-Boseman, Chair
i
ATTEST:
S�AF LISH<<�
I1
1 — Aoleta--
# m Crowell, Clerk to the Board
1
1
i
i
i
4
1
1
i
1
1
i
1
i
1
I
1
1
m
1
i
i
i
i
Page 2 of 2
1
4
I
1
6
i
55
2021-05 Board of Commissioners Draft—State Law Update
3
4
1.2.1. General Authority
4,
B.The North Carolina General Statutes, including:
1
1 1. Chapter 153A, Article 6 (General Police Powers);
I
2. Chapter 160D 153A, Articic 18(Local Planning and Regulation of Development Regulation);
3. Chapter 113A,Article 4 (Sedimentation and Pollution Control);
4. Chapter 143,Article 21, Part 6 (Floodway Regulations);and
I
1
C.All other relevant laws of the State of North Carolina.
1.4.2. Exemptions
The following are exempted from this Ordinance:
A. Property used for bona fide farm purposes lands as defined by the North Carolina General Statutes,
except that the standards in Article 9: Flood Damage Prevention,shall apply to property used for bona
fide farm purposes lanc#s.
1.7.2. Construction in Progress
The adoption of this Ordinance does not require a change in the plans,construction,or designated use of
any building or structure for which actual construction was lawfully begun before February 3, 2020 and
on which actual construction has been diligently pursued. For the purpose of this provision, "actual
construction" includes the erection of construction materials in permanent position and fastened in a
1 permanent manner, or demolition, elimination, and removal of an existing structure in connection with
such construction, provided that actual construction work must be diligently pursued until completion of
4 the building or structure.
6
I1.7.3 Any re-application for an expired development approval or permit shall comply with the standards
1
in effect at the time of re-application.
1.7.4. Applications in Progress Before Effective Date
1
A.Applications in Progress Before Effective Date
Applications : . _ . - - - . . - - . . - --' that were submitted in complete form and are
pending on February 3, 2020 shall be reviewed and decided in accordance with the regulations in
effect when the application was accepted, unless the applicant chooses an updated development
regulation in accordance with Section 1.7.7, Permit Choice.
i
g
1.7.7 Permit Choice
In accordance with N.C.C.S. 160D-108 and 143-755, the following rules for permit choice shall apply to all
application types and development regulations included in this ordinance:
g A. If an applicant submits an application for approval and a development regulation changes
between the time the application was determined to be complete and a decision for approval was
rendered, the applicant may choose which adopted version of the development regulation will
apply to the approval.
F
1
i
i
A
' 1
1
i
3
I
3
A
"x
.9
,
I
i
1
i
4
'
i
I 2021-05 Board of Commissioners Draft—State Law Update
I
1
I
i B. Where multiple approvals are required to complete a development project, the applicant may
,
1 choose the version of each of the development regulations applicable to the project upon submittal
,
1 of the application for the initial approval. This provision is applicable only for those subsequent
1 applications filed within 18 months of the date following the approval of the initial application.
,
,
,
,
C. By default, the adopted version of the development regulation in place at the time of each
i
1 application submittal shall apply to each application, unless the applicant submits to the Planning
1
,
Director a written request to apply a different adopted version of a development regulation
,
1
1 pursuant to this section. The Planning Director shall make a determination on the validity of the
,
1 request in accordance with this section.
j
i D. If the applicant chooses the version of the rule in place at the time of the application, the applicant
1 shall not be required to await the outcome of the amendment to the development regulation(s)
' prior to acting on the approval or permit.
i
i
1 E. If an application is placed on hold at the request of the applicant for a period of six(6)consecutive
1
1 months or more, or the applicant fails to respond to comments or provide additional information
1
i reasonably requested by the County or State government for a period of six(6)consecutive months
1 or more, the application review shall be discontinued and the development regulations in effect at
1 the time permit processing is resumed apply to the application.
1
1 F. For the purposes of the vesting protections of this ordinance,an erosion and sedimentation control
)
permit or a sign permit shall not be considered an initial application by this section.
t
i
1 2.3 Definitions
I
I Administrative Decision
i
4 Decisions made in the implementation, administration, or enforcement of development regulations that
1
1 involve the application of objective standards set forth in this Ordinance.
1
I
Administrative Determination
1 A written,final, and binding order, requirement, or determination regarding an administrative decision.
1
Agricultural and Forestry Uses,General
i
i Uses characterized by general active and ongoing agricultural activities, including agronomy, animal
husbandry, aquaculture, biotechnical agriculture (including education parks for biotechnical agriculture
J
I or a demonstration farm), forestry, fisheries, apiculture, and similar uses. For the purposes of this UDO,
this definition shall include any property used for bona fide farm purposes as defined in N.C.G.S. 160D-
1 903.
,
1
i
4
1 Applicant
i A person who submits an application for a text amendment,zoning map amendment, conditional zoning
1
1 map amendment,planned development,subdivision,or other development approval or permit under this
i UDO.
1
1 Application
1
, A formal application form submitted by an applicant for a text amendment, zoning map amendment
1
1 conditional zoning map amendment planned development subdivision, or other development approval
i
1 or permit under this UDO.
I
i
I
i
2
1
1
i
1
1
1
i
I
i
1
1
1
2021-05 Board of Commissioners Draft—State Law Update
4
r
i Bedroom
4
A room designated as sleeping or bedroom on the plans and permit application.
3
Bona Fide Farm Purposes
Agricultural activities as set forth in N.C.G.S. 160D-903.
9 f
1
Building
3 Any structure used or intended for supporting or sheltering any use or occupancy.
Conditional Zoning
4 A legislative zoning map amendment with site-specific conditions incorporated into the zoning map
1 amendment.
1
Decision-Making Body or Decision-Making Board
The authorized body or person assigned to make decisions under this ordinance.
a
Developer
A person, including a governmental agency or redevelopment authority, who undertakes any development
and who is the landowner of the property to be developed or who has been authorized by the landowner
to undertake development on that property. • - - -, • --, - - .- . - - - - - - .
Development
Any of the following:
a. The construction, erection, alteration, enlargement, renovation, substantial repair, movement to
another site, or demolition of any structure.
b. The excavation, grading,filling, clearing, or alteration of land.
c. The subdivision of land as defined in G.S. 160D-802.
d. The initiation or substantial change in the use of land or the intensity of use of land.
a
This definition does not alter the scope of regulatory authority granted by this Ordinance.
I
3
I Development Approval
An administrative or quasi-judicial approval made pursuant to this Ordinance that is written and that is
required prior to commencing development or undertaking a specific activity, project, or development
1 proposal. Development approvals include, but are not limited to zoning compliance,site plan approvals,
special use permits, and variances. The term also includes all other regulatory approvals required by
regulations adopted pursuant to N.C.G.S. Chapter 160D, including plat approvals, permits issued,
development agreements entered into, and building permits issued.
Development Regulation
A unified development ordinance, zoning regulation, subdivision regulation, erosion and sedimentation
1 control regulation, floodplain or flood damage prevention regulation, storm water control regulation,
wireless telecommunication facility regulation, housing code, State Building Code enforcement, or any
1
i
3
A
i
t
3
i
I
1
I
2021-05 Board of Commissioners Draft—State Law Update
I
i
1
other regulation adopted pursuant to this ordinance and/or N.C.G.S. Chapter 160D,or a local actor charter
that regulates land use or development.
1
Down-Zoning
1 A text or map amendment that affects an area of land in one of the following ways:(1)By decreasing the
1 development density of the land to be less dense than was allowed under its previous usage. (2) By
reducing the permitted uses of the land that are specified in this ordinance to fewer uses than were allowed
under its previous usage.
Dwelling
1 Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied for
human habitation or intended to be so used, and includes any outhouses and appurtenances belonging
1
thereto or usually enjoyed therewith.
Dwelling Unit
A single unit providing complete,independent living facilities for one or more persons,including permanent
provisions for living, sleeping, eating, cooking, and sanitation.
General Use Zoning
A legislative zoning map amendment to a conventional zoning district, as defined in NCGS 1600-703,
without site-specific conditions incorporated into the zoning map amendment.A general use zoning map
1 amendment may be referred to as a "straight rezoning".
1
Landowner or Owner
The holder of the title in fee simple. Absent evidence to the contrary, the County may rely on the county
tax records to determine who is a landowner. The landowner may authorize a person holding a valid
option,lease,or contract to purchase to act as his or her agent or representative for the purpose of making
applications for development approvals. • -
Manufactured Home or Mobile Home
A structure, transportable in one or more sections, which in the traveling mode is eight body feet or more
in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square feet;and which
is built on a permanent chassis and designed to be used as a dwelling, with or without permanent
foundation when connected to the required utilities, including the plumbing, heating, air conditioning and
electrical systems contained therein. "Manufactured home"includes any structure that meets all of the
requirements of this subsection except the size requirements and with respect to which the manufacturer
voluntarily files a certification required by the Secretary of HUD and complies with the standards
established under the Act.
i For manufactured homes built before June 15, 1976, "manufactured home" means a portable
manufactured housing unit designed for transportation on its own chassis and placement on a temporary
or semipermanent foundation having a measurement of over 32 feet in length and over eight feet in width.
"Manufactured home" also means a double-wide manufactured home, which is two or more portable
1
1 4
i
1
2
1
2021-05 Board of Commissioners Draft—State Law Update
I
manufactured housing units designed for transportation on their own chassis that connect on site for
placement on a temporary or semipermanent foundation having a measurement of over 32 feet in length
1 and over eight feet in width. •- - • . . . - . - . -, - • - .
I -
. .. - - - - - -• - - - - -- - - - - - - - _ - . This
1 definition does not apply to the provisions of Article 9: Flood Damage Prevention for "manufactured
home";for that meaning, see Section 9.5: Definitions.
Official Map or Plans
1 Any maps, plans, charts, or texts officially adopted by the County Board of Commissioners for the
development of New Hanover County. This definition shall include the most recent version of all maps
officially adopted or promulgated by State and federal agencies.
i
Person
,
An individual, partnership, firm, association, joint venture, public or private corporation, trust, estate,
commission, board, public or private institution, utility, cooperative, interstate body, the State of North
Carolina and its agencies and political subdivisions, or other legal entity.
i •- , - -- -- :, •.•• -• . -, . , : •• :. - _ - , . - - -- -
thcreef.
a
Planning Board
4
The New Hanover County Planning Board.
I
Preliminary Forum
I A public meeting conducted by the New Hanover County Planning Board in association with a special use
permit application in which the Planning Board,prior to the quasi-judicial public hearing conducted by the
1 New Hanover County Board of Commissioners, receives public comment and conducts an advisory review
for the applicant and public in order to identify potential relevant and material evidence,findings of fact,
and issues or areas that the Board of Commissioners may need more information on in order to reach a
required conclusion.
1
1 Property
All real property subject to land-use regulation by New Hanover County. The term includes any
improvements or structures customarily regarded as a part of real property.
1
Site Plan
A scaled drawing and supporting text that is submitted as part of a Major or Minor Site Plan application
showing the relationship between lot lines and the existing or proposed uses, buildings, or structures on
the lot,as well as details such as building areas, building height and floor area, setbacks from lot lines and
street rights-of-way, intensities, densities, utility lines and locations, parking, access points, roads, and
stormwater control facilities that are depicted to show compliance with all legally required development
regulations that are applicable to the project and the site plan review. For the purposes of this ordinance,
s
I
5
1
4
1
1
E
2021-05 Board of Commissioners Draft—State Law Update
this definition does not include subdivision construction plans or plats.For definitions related to subdivision
j plans or plats,see "Preliminary Plan'; "Subdivision Construction Plans', and "Plat, Final".
Site-Specific Development Plan
A conceptual plan that describes with reasonable certainty the type and intensity of land use for a specific
parcel or parcels that is submitted as part of a conditional zoning map amendment, special use permit, or
master planned development. This definition shall include "conceptual development plan"as used in this
ordinance and"site-specific vesting plan"as defined and used in N.C.G.S. 160D-108.1.
j
Sleeping Unit
A room or space in which people sleep, which can also include permanent provisions for living,eating,and
either sanitation or kitchen facilities but not both.Such rooms and spaces that are also part of a dwelling
unit are not sleeping units.
Special Use Permit
A permit issued to authorize development or land uses in a particular zoning district upon presentation of
competent, material, and substantial evidence establishing compliance with one or more general
standards requiring that judgment and discretion be exercised as well as compliance with specific
standards.
1 Structure g
Anything constructed or erected within a fixed location on the ground, or attached to something having
a fixed location on the ground.The term structure shall be construed to include buildings,
porches,decks,carports,garages,sheds,roof extensions,overhangs extending more than two inches,and
any other projections directly attached to the structure . For purposes of Section 5.10,
Airport Height Restriction,a structure is any object, including a mobile object, constructed or installed by
man, including, but without limitation, buildings, towers, cranes, smokestacks, earth formation, and
1 overhead transmission lines. This definition does not apply to the provisions of Article 9: Flood Damage
j
IPrevention;for that meaning, see Section 9.5: Definitions.
4
Subdivision
A "subdivision" shall include all divisions of a tract or parcel of land into two or more lots, building sites,
or other divisions when any one or more of those divisions are created for the purpose, whether
immediate or future, of sale or building development, and shall include all divisions of land involving the
dedication of a new street or a change in existing streets; provided, however,that the following shall not
be included within this definition nor be subject to the regulations authorized by this UDO:
1
(1) the combination or recombination of portions of previously subdivided and recorded lots where
" the total number of lots is not increased and the resultant lots are equal to or exceed the standards
of the County as shown in Article 6:Subdivision Design and Improvements;
i
(2)the division of land into parcels greater than ten acres where no street right-of-way dedication is
involved;
1
6
1
1
i
I
;
J
1
I
4
I 2021-05 Board of Commissioners Draft—State Law Update
p ate
j
(3) the public acquisition by purchase of strips of land for the widening or opening of streets or for
public transportation system corridors;or
(4)the division of a tract in single ownership whose entire area is no greater than two (2)acres into
not more than three (3) lots, where no street right-of-way dedication is involved and where the
resultant lots are equal to or exceed the standards of the County as shown in Article 6: Subdivision
Design and Improvements.
(5)the division of a tract into parcels in accordance with the terms of a probated will or in accordance
with intestate succession under Chapter 29 of the General Statutes.
ISubstantially Commenced
For the purposes of this ordinance a development is determined by the Planning Director to have
substantially commenced if evidence is provided that one or more of the following applies:
a. The development has received and maintained a valid erosion and sedimentation control permit
and conducted grading activity on a continuous basis and not discontinued it for more than thirty
(30)days;or
b. The development has installed substantial on-site infrastructure;or
c. The development has received and maintained a valid building permit for the construction and
approval of a building foundation;or
j d. Ten percent (10%) or more of the total cost of design- and construction-related activities
authorized by such approvals or permits has been completed on the site.
I
Vested Right)
The right pursuant to Sections 153A 314.1, N.C.G.S, to undertake and complete the development of
property pursuant to N.C.G.S. 1600-108 and 160D-108.1 . • : - - - - •• . •: : - • - -:
1
Zoning Map Amendment or Rezoning
An amendment to the Official Zoning Map for the purpose of changing the zoning district that is applied
to a specified property or properties. The term also includes the application of an overlay zoning district or
I a conditional zoning district. The term does not include updating the zoning map to incorporate
amendments to the names of zoning districts made by zoning text amendments where there are no
changes in the boundaries of the zoning district or land uses permitted in the district.
g
3.1.3 Superseding Dimensional Standards
D. Performance Residential Development
8. Performance Residential Development Approval
b. An application for a Performance Residential Development shall be submitted and reviewed as a
1 major subdivision application in accordance with Section 10.3.7, Subdivision, provided, an
applicant may submit a major site plan application in accordance with Section 10.3.6, Site Plan,
j
prior to submittal of a preliminary plan application in accordance with subsection 2 below
I1. The applicant shall include a statement in the application that the applicant seeks a vested
right in accordance with N.C.G.S. §4 1600-108153A 314.1.
1
i
7
I
1
i
1
i
A
I
2021-05 Board of Commissioners Draft—State Law Update
i
1
3. The Planning Board shall provide notice for and conduct a public hearing on the requested
vested right in accordance with the requirements in N.C.G.S. §§160D-108.1 153A 344.1, and
shall make a decision on the application in accordance with 10.3.6.F, Site Plan Review
Standards.
3
E.Additional Dwelling Allowance
2. Location and Access
A
b. The development shall have direct access to and from an existing major or minor arterial as
A indicated on the most recent officially adopted Wilmington MPO Functional Classification Map.
ti
This direct access requirement will be satisfied if:
i
Table 3.2.1: Zoning Districts
1 Category District Abbreviation
Special Highway Overlay SHOD
Overlay and Special Water Supply Watershed Overlay WSW
Purpose Conditional Zoning Districts CZ
QUO
Table 3.3.6.E.1: Exceptional Design Core Requirements
Option 1: After consultation with the most recent officially adopted NC Natural
Heritage Program map as found on the New Hanover County online mapping
- ,;!,i services, no species listed under the federal Endangered Species Act, NC endangered
species list, or NC Natural Heritage Program as nationally, state, or regionally
: significant is present or likely to be present.
!. Option 2: If initial consultation with the most recent officially adopted NC Natural
Heritage Program map is inconclusive, then a qualified biological scientist performs
Ibiological surveys to determine the presence of endangered or significant species or
i the applicant consults with the NC Natural Heritage Program in Raleigh to receive a
<` -4 state determination,and none of the above species is present or likely to be present.
i
j 3.3.7 Planned Development (PD) District
Si
a D. District Dimensional and Density Standards
I Standard Residential Uses Commercial Uses Industrial Uses
I
Minimum district size,under common ownership or joint petition:10 acres
Building setback from PD District boundary CB Setback I-1 Setback
,i (feet) 20 Requirements Requirements
i
i Building setback from pedestrian and
$ bicycle paths(feet) 10
i
Front setback(feet)
Side setback,street(feet) Established in MPD Master Plan in accordance with Section 3.3.3.A,MPD
s Side setback,interior(feet) Master Plan
Rear setback(feet)
j Density,maximum(du/acre) *
1
Intensity,maximum Established in MPD Master Plan in accordance with Section 3.3.3.A,MPD
I Master Plan
j
i 8
1
i
f
i
1
1
2021-05 Board of Commissioners Draft—State Law Update
1
4
Building height,maximum(feet) I 40**
* Maximum density in Urban Mixed Use areas identified on the New Hanover County Future Land Use Map shall be
established in the MPD Master Plan. Maximum Density in areas outside of the Urban Mixed Use areas shall also be
g established in the MPD Master Plan but shall not exceed 17 dwelling units per acre.
** There is no maximum building height for Agricultural or Industrial uses. The maximum building height is 80 feet for
buildings located within the Urban Mixed Use, Community Mixed Use, or Employment Center areas identified on the
New Hanover County Future Land Use Map and fronting along a collector,minor arterial,or principal arterial as indicated
I on the most recent officially adopted Wilmington Urban Area MPO functional classification map.
I
3.4.5. Regional Business(B-2) District
o
D. District Dimensional Standards
A
Standard All Uses
Lot area,minimum(square feet) None
4 Lot width,minimum(feet) None
1 Front setback(feet) 50 along highways and major thoroughfares;
35 along all other public highways or streets
2 Side setback,street(feet) 50 along highways and major thoroughfares;
35 along all other public highways or streets
Side setback,interior
Rear setback
Building height,maximum(feet) 40**
* Determined in accordance with Section 3.1.3.C,Setback Requirements in Certain Commercial and Industrial Districts
** Buildings located within the Employment Center,Community Mixed Use, Urban Mixed Use,or Commerce Zone place
;j types and fronting along a collector,Minor Arterial,or Principal Arterial as indicated on the most recent officially adopted
r
Wilmington MPO Functional Classification Map, may exceed 40 feet in height provided their FAR does not exceed 1.0.
The FAR may exceed 1.0,but shall not exceed 1.4 if(1)the ratio of the total building footprint to the total buildable site
1 area does not exceed 40%and(2)the required parking(exclusive of off-loading and service parking)is included within
. the building footprint. If all surface parking (excluding visitor drop-off and pick-up) is within the building footprint,
t
additional floor area can be added at the rate of one foot of floor per one foot of parking area. The total height of the
parking structure shall be excluded from the height limit.
x
3.4.6. Office and Institutional (O&I) District
z
j E.Other District Standards
3
1.Signs.
i. Properties located adjacent to minor or major arterials as identified on the most recent officially
adopted WMPO Functional Classification Map shall be limited to total signage of 75 square feet
1 in surface area.
j
3.4.10. Light Industrial (I-1) District
o
3 D. District Dimensional Standards
I Standard All Uses
Lot area, minimum(square feet) None
1 Lot width, minimum(feet) None
2 Front setback(feet) 50
1
3 Side setback,street(feet) 50
Side setback, interior *
i
9
i
3
S
a
3
1
i
i
i
I 2021-05 Board of Commissioners Draft—State Law Update
Rear setback
i Building height, maximum(feet) 45**
f * Determined in accordance with Section3.1.3.0 Setback Requirements in Certain Commercial and Industrial Districts
** Buildings located within the Employment Center or Commerce Zone place types and fronting along a Collector, Minor
Arterial,or Principal Arterial as indicated on the most recent officially adopted Wilmington MPO Functional Classification
Map,may exceed 45 feet in height provided their FAR does not exceed 1.0.
3.5.4. Water Supply Watershed Overlay (WSW) District
B Applicability
1. Unless exempted by subsection 3 below,the development and improvement of property,including
the subdivision of land, that is located within the water supply watershed shall be subject to the
standards in this section(3.5.4). The most recent officially adopted Official maps of,and information
pertaining to,the water supply watershed shall be maintained by,and shall be available for review
at,the County Planning and Land Use Department.These maps shall serve as the official source by
which to identify the boundaries of the water supply watershed.
e _ .
i
3.5.5. Conditional Zoning (CZ) District
D. District Requirements
1. Eligible Uses
I Only uses allowed by—right in the corresponding general use district are eligible for CZ district
consideration and any such use within a CZ district shall, as a minimum requirement, satisfy all the
regulations of the corresponding general use district. Uses allowed by special use permit in the
corresponding general use district shall require a special use permit in the conditional district.
1
j
1 se
- _ - -
I
8,-App 41c-01444y
i
E
A
) 10
1
i
1
1
I
2021-05 Board of Commissioners Draft—State Law Update
1
I
i
`a eAa-1 li hcd:
tea:
i
I
R15,CUD R 10, CUD R 7,CUD R 5,CUD RMF L, CUD RMF M,CUD RMF MH,CUD RMF H.
. •- . • - •- . - •- - • . . - - . - • . . • - - ' _
2, CUD O&I,CUD SC, CUD CS, CUD 11, and CUD 12.
1
/ 4,-Eligible-Uses
E
\ . • _ \
4
A
tl
i • _
•/ I
1
i
1
Table 3.5.2: Established Overlay and Special Purpose Zoning Districts
1 Category District Abbreviation
Special Purpose Districts
Conditional Zoning Districts CZ
3 E139
i
i
i
1
i
i
j
11
i
I
I
A
t
1
1
2021-05 Board of Commissioners Draft—State Law Update
t
1 4.3.3. Civic & Institutional Uses
A.Child&Adult Care
I 2. Family Child Care Home
c. No outside sign in excess of two square feet shall be permitted, except when such facility is
located on an existing roadway identified as a collector or arterial facility on the most recent
officially adopted Wilmington MPO Functional Classification Map, in which case the maximum
sign area shall be 12 square feet.
1
i
B.Civic
J 4. Religious Assembly
a. Religious Assemblies in the R-7, R-5 and RMF districts shall comply with the following standards:
j 2.The following uses are prohibited without a special use permit:
iv. Religious institutions with more than 1,000 seats, provided that such facilities shall only be
allowed if direct access is provided from a Minor Collector road or greater as identified on the
most recent officially adopted Wilmington MPO Functional Classification Map.
b. Religious Assemblies in the B-1, CB and CS districts shall comply with the following standards:
4 1. Religious institutions are permitted with no seat limitations if located on a Minor Collector road
1
or greater as identified on the most recent officially adopted Wilmington MPO Functional
Classification Map
I
4.3.4. Commercial Uses
= A.Amusement&Entertainment Uses
1
i 4. Indoor Recreation Establishment
c. Access to the site shall be provided by a Minor Collector road or greater, as designated on the
most recent officially adopted Wilmington MPO Functional Classification Map.
I
5.Outdoor Recreation Establishment
c. Access to the site shall be provided by a Minor Collector road or greater, as designated on the
most recent officially adopted Wilmington MPO Functional Classification Map.
i
i
1 4.3.5. Industrial Uses
B. Industry& Manufacturing
1
1.Artisan Manufacturing
1 C. Off-site distribution via tractor trailer is only permitted if the truck traffic is limited to streets
classified as arterials on the most recent officially adopted Wilmington MPO Functional
Classification Map.
1
4.4.4. Standards for Specified Accessory Uses and Structures
B.Accessory Structure
Accessory structures shall comply with the following standards:
I 1. No accessory structure shall be erected in any required yard nor within five feet of any other
1
structure building,except that accessory structures ildi•ns not exceeding 600 square feet may be
permitted in the required side and rear yards provided such accessory structures buildings are at
least five feet from the property line and do not encroach into any required easements.
i
1
3
1 12
Z
j
1
I
1
1
2021-05 Board of Commissioners Draft—State Law Update
i
,a,
I
2. Accessory structures not exceeding 50 square feet and used exclusively to house well and pump
equipment may be permitted in the required front, side, and rear yards, provided such accessory
structures buildings are at least five feet from any property line and do not encroach into any
required easements or sight angles.
4
4.An accessory structure building or use may be located on another contiguous or noncontiguous lot
from the principal use it is associated with to the extent that the principal use itself would also be
permitted on such lot.
F. Home Occupation
4 4. No home occupation shall be conducted in any accessory structure building.
4.5.2. General Standards for Temporary Uses
I A. No temporary structures buildings or trailers shall at any time be located closer than 25 feet to a
property line of any adjacent property, notwithstanding the required setbacks of the zoning district
) in which such temporary structure building or trailer is located.
5.1.3.Alternative Parking Plans
D. Deferred Parking
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 structures buildings,storage, loading, or
E
other purposes except for temporary overflow parking, provided such use is sufficiently infrequent to
ensure maintenance of its ground cover in a healthy condition.
5.7.2.Applicability
, B. The most recent officially adopted maps of and information concerning resources identified in
subsection A above are available for review at the County Planning and Land Use Department.These
j maps serve as an initial resource to determine if a parcel is associated with conservation resources
identified in subsection A above, but all conservation resources outlined above shall be identified on
all required site plans, regardless of whether they are identified on County maps.
I
5.8.5. Design Standards
ii E. Flexibility in Administration Authorized
1. The decision-making 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
j 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 decision-making 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.
I
I
I
i 13
t
i
1
1
1
x
1
1 2021-05 Board of Commissioners Draft—State Law Update
i
l
5.8.6. Ownership, Management, And Maintenance
1 B. Responsibility
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 elevetefwgeot approval or permit shall be a violation of this Ordinance.
l
5.8.7. Payments In-Lieu of Dedication
I A.As part of a conditional rezoning, master development plan, special use permit, or major residential
subdivision consideration, the decision-making 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
1 interest of the citizens of the areas to be served.Criteria to be used in this determination shall include:
B. If the decision-making approval body authorizes the payment in-lieu of dedication, the amount of
2 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
I value of the land shall be determined based on the value of the land for property tax purposes and
other relevant information.
1
I 5.10.3.Jurisdiction
1
Pursuant to G.S. 63-31(d), New Hanover County exercises its statutory authority as owner of the
Wilmington International Airport,and in order to protect the approaches of said airport,the jurisdiction
of this section is extended to all areas depicted on the most recent officially adopted Wilmington
4 International Airport Height Restriction Map, including areas within the City of Wilmington, Pender
1 County, and Brunswick County.
I 5.10.6.Airport Zones .
In order to insure compliance with the provisions of this section, there are hereby created and
1 ‘ established certain zones which include all of the land lying beneath the approach surfaces,transitional
surfaces,horizontal surfaces,and conical surfaces as they apply to the Wilmington International Airport.
Such zones are shown on the most recent officially adopted Wilmington International Airport Height
Restriction Map - - _ _ - --- , . -. - - . . . . . . . . . . . .. . . , e! . The
map referred to in this section is on file in the office of the county clerk. An area located in more than
one of the following zones is considered to be only in the zone with the more restrictive height
limitation. The various zones are hereby established and defined as follows:
1
8.5 General Requirements
a E. Building Permits: No building permit, unless excluded by Section 8.17, Permits, shall be issued
without an erosion control sign-off pursuant to G.S. § 160D-1110 153A 357 and G.S. 160A117 35
Iamended.
9.1.Statutory Authorization
The Legislature of the State of North Carolina has in Part 6, Article 21 of Chapter 143;Parts 3 and 4 of
1 Article 18 of Chapter 153A;and Part 121,Article 6 of Chapter 153A;Article 8 of Chapter 160A;and Article
7,9,and 11 of Chapter 160D,N.C.G.S.,delegated to local governmental units the authority respensibility
to adopt regulations designed to promote the public health,safety,and general welfare.Therefore,the
I Board of Commissioners of New Hanover County, North Carolina, does ordain as follows:
1
1
14
1
1
k
i
i
2021-05 Board of Commissioners Draft—State Law Update
1
9.6.1 Applicability and Basis for Special Flood Hazard Areas
A. This article applies to all land and development in the Special Flood Hazard Areas within
unincorporated New Hanover County, as identified under the Cooperating Technical State (CTS)
agreement between the State of North Carolina and FEMA in its FIS dated December 6, 2019 for New
Hanover County and associated DFIRM panels, including any digital data developed as part of the FIS,
which are adopted by reference and declared a part of this Ordinance,and all revisions hereto.
10.1.1.General
B.Table 10.1.1:Summary Table of Development Review Responsibilities,summarizes the specific review
responsibilities of advisory and decision-making bodies and County staff for each type of application
Table 10.1.1: Summary Table of Development Review Responsibilities
R = review and recommendation or report; D = decision, A = appeal, <> = hearing
`
Type of Application o co c. °G ;d. c p
Q..:^ C 0 E W bL
o f c o v E c c
to eo
co u° a co Q H y U n.
Discretionary Review
Special Use Permit <D> <FR> R[2] R
1 Relief
1 Variance—Zoning and Subdivision <D> R
Variance—Floodplain See Article 9:Flood Damage Prevention
Reasonable Accommodation <D> R
NOTES:
[3]The decision may be appealed directly to the Superior Court of New Hanover County(see N.C.G.S. 160D-
1403 153A 336).
10.1.2. Board of Commissioners
B.To adopt a schedule of fees governing applications : : :: . :: : . . . -.
under this Ordinance,and civil penalties for violations of this Ordinance; and
D. To enter into private development agreements as provided in Article 10 of N.C.G.S. Chapter 160D
NCGS 153A Part 3A after conducting a public hearing. These development agreements may require
a commitment of public and private resources for large scale projects containing at least 25 acres or
more exclusive of wetlands, mandatory buffers, and other portions of the property precluded from
15
i
1
i
2021-05 Board of Commissioners Draft—State Law Update
1
I
development. In entering into such agreements,the County may not exercise any authority or make
any commitment not authorized by general or local act and may not impose any tax or fee not
authorized by otherwise applicable law.
10.1.3. Planning Board
A. Powers and Duties
1.To review and make a recommendation on the following applications:
c. Conditional zonings (Section 10.3.3);and
i
d. Planned Developments (Section 10.3.4);•
. - -- _ •. .
2. To provide a preliminary forum for review of special use permits (Section 10.3.5), provided that no
part of the preliminary forum or recommendation may be used as a basis for the deciding board.
10.1.4. Board of Adjustment
A. Powers and Duties
1.To review and make a decision on the following:
a. Zoning and subdivision variances (Section 10.3.11);
10.2.4.Application Submittal and Acceptance
A.Authority to File Applications
2. Applications for text amendments and general use zoning map amendments may be submitted by
any person, organization, or interested party, including the Board of Commissioners, the Planning
Board, or County staff except that no text amendment or general use zoning map amendment that
down-zones property, as defined by this ordinance, shall be initiated or considered without the
written consent of all property owners whose property is the subject of the down-zoning
amendment, unless the amendment is initiated by the County.
10.2.6. Public Hearing & Preliminary Forum Scheduling and Public Notification
If a public hearing is required for the application (see Table 10.1.1: Summary Table of Development
Review Responsibilities),the scheduling and public notification of the public hearing shall comply with
the requirements in this section. The scheduling and public notification requirements of this section shall
apply to Special Use Permit Preliminary Forums.
10.2.7. Public Hearing & Preliminary Forum Procedures
If a public hearing or preliminary forum is required for the application (see Table 10.1.1:Summary Table
of Development Review Responsibilities),the public hearing or preliminary forum shall comply with the
requirements in this section.
A.General
1
i 2.Any person may appear at a public hearing or preliminary forum and submit testimony,documents,
I and materials,either individually or as a representative of a person or an organization. Each person
who speaks at a public hearing or preliminary forum shall identify themselves, state their home or
i
16
1
1
1
2021-05 Board of Commissioners Draft—State Law Update
business address,and if appearing on behalf of a person or organization,state the name and mailing
address of the person or organization they represent.
3.The body conducting the public hearing or preliminary forum may place reasonable time restrictions
on the presentation of testimony and the submission of documents and other materials.The body
conducting the hearing or preliminary forum may exclude testimony that it finds to be irrelevant,
immaterial,or unduly repetitious.
4. The body conducting the public hearing or preliminary forum may, on its own motion or at the
request of any person, continue the public hearing or preliminary forum to a fixed date,time, and
place.
5. The body conducting the public hearing or preliminary forum shall record the proceedings by any
appropriate means. The written or taped record of oral proceedings, the hearing minutes, all
applications, exhibits, and papers submitted in any proceeding before the body conducting the
) public hearing or preliminary forum, the staff report, and the recommendation or decision shall
constitute the record.All records of public hearings or preliminary forums conducted by an advisory
or decision-making body shall be a public record, and open for inspection at the County offices
during normal business hours upon reasonable notice.
D. Order of Proceeding for Preliminary Forums
) The order of proceedings at a preliminary forum shall be as follows:
1.Staff Introduction
' The Planning Director shall briefly introduce the application.
1 2.Applicant Presentation
The applicant shall present any information the applicant deems appropriate.
3. Public Comment
Public comments shall be heard.Any person other than the applicant or applicant's representatives
may be permitted to speak in accordance with the Planning Board's rules of procedure, or at the
Board's discretion, as appropriate, in support of or in opposition to the application.
4. Response to Comments and Presentation
The applicant,public,and Planning Director may respond to any comments,documents,or materials
presented as deemed appropriate by the Planning Board.
10.2.8.Advisory Body Review and Action
3 If review by an advisory body (the Planning Board) is required for the application (see Table 10.1.1:
Summary Table of Development Review Responsibilities), the body shall review and act on the
application in accordance with the following procedures.
A. Review and Recommendation
1. The advisory body shall conduct a public hearing or preliminary forum on the application in
1 accordance with 10.2.7, Public Hearing Procedures, and shall consider the application, relevant
support materials, the staff report, and any public comments made during the public hearing or
preliminary forum. Following the public hearing, the body shall recommend one of the decisions
authorized for the particular type of application, based on the applicable review standards.
17
I
I
i
I
1
A 2021-05 Board of Commissioners Draft—State Law Update
1
I
I
2. The advisory body's recommendation shall be in writing and shall clearly state the factors
considered in making the recommendation and the basis or rationale for the recommended
1
decision.
3. If permitted for the particular type of application in accordance with Section 10.3, Application-
;
Specific Procedures, the advisory body may recommend conditions of approval. Conditions of
approval must relate in both type and extent to the anticipated impacts of the proposed
I development.
4. Unless the hearing is deferred or subject to a continuance,the advisory body shall take action as
promptly as reasonably possible in consideration of the applicant, affected parties, and citizens
of the County.
j
k 5. In the case of a special use permit preliminary forum, no recommendation shall be made to the
j Board of Commissioners.
A
B. Revision of Application
Prior to the advisory body's action on an application, the advisory body may continue the public
hearing to allow the applicant to make minor modifications to the application that directly respond
to specific requests or suggestions made by the staff or the advisory body. In the case of a special
use permit preliminary forum, such minor modifications shall not require a continuance nor an
additional preliminary forum.
i
10.2.9. Decision-Making Body Review and Action
A. Review and Decision
j
5.Any conditions of approval shall be expressly set forth in the approval,and-shall relate in both type
and scope to the anticipated impacts of the proposed development, and shall be mutually agreed
to in writing by both the applicant and decision making body.
6. Any approval subject to conditions shall not take effective until the Planning Director has received
s the applicant's written consent to all conditions of approval.
i
10.2.10. Post-Decision Limitations and Actions
D. Expiration of Approval
41 1. Approval of an application shall be valid as authorized for the approved development activity until
the end of the expiration time period provided in Section 10.3, Application-Specific Procedures,for
the particular type of application unless work authorized by the approval or permit has substantially
commenced,subject to subsection 4 below.
5
2. If no expiration period is provided in Section 10.3, Application-Specific Procedures, for a specific
type of development approval or permit, the development approval or permit shall expire if a
building permit or zoning compliance approval authorizing the approved development is not
obtained within two years unless work authorized by the approval or permit has substantially
j commenced.
x
i 4. Failure to comply with the terms of an development approval or permit, including any conditions
of approval, shall constitute a violation of this Ordinance (see Article 12: Violations and
( Enforcement) and shall render the development approval or permit void and of no effect. No
building permits for further construction or certificates of occupancy under the development
A
A 18
i
I
1
I
5
I
1
j
2021-05 Board of Commissioners Draft—State Law Update
I
1 approval or permit shall be permitted, and all completed structures shall be regarded as
nonconforming uses subject to Article 11: Nonconforming Situations.
E.Termination of Site Specific Development Plans
1. Any site specific development plan approved by the County pursuant to this Ordinance shall
terminate at the end of the applicable vesting period with respect to buildings and uses for which
no valid building permit applications have been filed, unless work authorized by the approval or
permit has substantially commenced.
10.3.2.Zoning Map Amendment
A.Applicability
1 -1 The procedure in this section is required for any amendment of the Official Zoning Map, unless the
i amendment is part of a conditional zoning (see Section 10.3.3), or a planned development (see
Section 10.3.4).
i
belawr&POW
special use permit application (sec Section 10.3.5, Special Use Permit). The Zoning Map 1
) - • -• - •- - - - - - • . - - - - - - , • --
• - • -
_
i
10.3.3. Conditional Zoning
I C.Conditional Zoning Procedure
1 6. Board of Commissioners Review and Action
1
d. Conditions of approval shall comply with the following requirements:
1. Only conditions of approval mutually agreed to in writing by both the applicant and the Board J
, of Commissioners are allowed.
i
7. Post-Decision Limitations and Actions
1 b. Minor Deviations
) Subsequent applications for development within a conditional zoning district may include minor
modifications from the approved conceptual site plan, provided such modifications do not result
j in a change in permitted uses or density, and otherwise have no material effect on the character 1
1 of the approved development. Changes in the following constitute minor modifications that may
be approved by the Planning Director:
1. Modifications in building or structure placement, provided the placement complies with the 1,
setbacks of the corresponding base zoning, and does not decrease the setbacks agreed to and
11 approved during the conditional rezoning process by more than 10 percent;
) 19
j
I
1
I
I
1
1'
2021-05 Board of Commissioners Draft—State Law Update
1 2. Increases to building or structure size and height not to exceed 10 percent provided all other
I
I applicable standards of this Ordinance are met;
i c. Expiration
1. If no building permit has been issued for the subject tract within two years after the date of
approval of the conditional zoning,or if work authorized by the approvals or permits associated
with the conditional zoning has not substantially commenced, the Planning Director may,at the
Planning Director's discretion, schedule a hearing for the Planning Board to consider whether
active efforts are proceeding in accordance with the approved conditional zoning. If the
Planning Board determines that such efforts are not proceeding,the Board may at the Board's
discretion, initiate a Zoning Map amendment in accordance with Section 10.3.2, Zoning Map
Amendment,to rezone the land within the CZ district to its classification prior to approval, or
1 to another zoning district the Board determines is appropriate. ,
1 10.3.4 Master Planned Development
1 C. Master Planned Development Procedure
7. Board of Commissioners Review and Action
c. Only conditions of approval mutually agreed to in writing by both the applicant and the Board of
1 Commissioners are allowed.
I
1 8. Post-Decision Limitations and Actions
Ia. Effect of Approval
2. Approval of an MPD Master Plan shall establish a vested right in accordance with N.C.G.S. §
160D-108.1 153A 344.1(c)and (d).
b. Minor Deviations
1 Subsequent applications for development within a master planned development district may
Iinclude minor modifications from the approved MPD Master Plan and MPD Terms and Conditions
document, provided such modifications do not result in a change in permitted uses or density,and
i
I otherwise have no material effect on the character of the approved development. Changes in the
i
1 following constitute minor modifications that may be approved by the Planning Director:
I 1. Modifications in building or structure placement, provided the placement does not decrease
approved setbacks by more than 10 percent;
1
I 2. Increases to building or structure size and height not to exceed 10 percent provided all other
I applicable standards of this Ordinance are met;
c. Expiration
1. If no building permit has been issued for the land approved as a master planned development
district within two years of the date of approval,or if work authorized by the approvals or permits
associated with the master planned development has not substantially commenced,the Planning
1 Director may, at the Planning Director's discretion, schedule a hearing for the Planning Board to
consider whether active efforts are proceeding in accordance with the approved master planned
development. If the Planning Board determines that such efforts are not proceeding, the Board
Imay, at the Board's discretion, initiate a Zoning Map amendment in accordance with Section
i I
i
1
1 20
1
1
3
4
1
1
1
i
i
I
2021-05 Board of Commissioners Draft—State Law Update
i
I
10.3.2, Zoning Map Amendment, to rezone the master planned development district to its
classification prior to approval, or to another zoning district the Board determines is appropriate.
I 10.3.5. Special Use Permit
C.Special Use Permit Procedure
Figure 10.3.5.C:Summary of Special Use Permit Procedure
IPublic Hearing Procedures I
��` r�t s 1* 2 3 4 5 6 7
P Community App' aeon Blurring Director Fe f a ^,g Plannin};Board Board of F Dc ision
a'_F)V , Information Subm,tat& Review&Staff S f_d,,l ne& Comm',sioners L do.s and
4, $, Meeting Ac ccp!anse Report(7RC f..,.lf cot on +iear &R r Hcarine&Decision Actlo.r,
mob ! Optional) n a-ti `
's`s ,rs,s if.
*Special use permits for single-family dwellings,including mobile homes,shall not require a Planning Board
preliminary forum review prior to the Board of Commissioners Hearing&Decision.
3.Staff Review and Action
b. In preparation for the Planning Board's preliminary forum on the application, the
1 Planning Director shall review the application and prepare a brief introduction to the application.
i . . .. . .
1 necessary for the Planning Board to provide a recommendation to the Board of
i
c. In preparation for the Board of Commissioners' public hearing on the application, the Planning
l Director shall prepare a staff report in accordance with Section 10.2.5, Staff Review and Action,
which the Clerk to the Board of Commissioners shall publish in the agenda package for the Board
1 of Commissioners meeting for which the public hearing on the application is scheduled.The staff
report shall:
1
1. Summarize the special use permit request, the information and materials provided in the
application package and presented at the Planning , the ,g
' ,and preliminary findings of fact;and
4. Public Hearing&Preliminary Forum Scheduling and Public Notification
1
The Planning Director shall schedule the preliminary forum and public hearings and provide public
notification for both meetings in accordance with Section 10.2.6.
1
5. Planning Board Review and Action
I a The Planning Board shall conduct a preliminary forum public hearing on the application as a way
to provide advisory review and recommendations to the applicant and public on potential relevant
i
21
5
1
1
4
2021-05 Board of Commissioners Draft—State Law Update
1
and material evidence,findings of fact, and issues or areas that the Board of Commissioners may
need more information on in order to reach a required conclusion
10.3.5.D, Special Use Permit Review Standards, have been met or to identify, from staff's•
--•!.:. : :. : • •-. * . , •_ • . _ _.. -' - - -• - - - - - ••••
.
1 6. Board of Commissioners Review and Action
i
c. Subject to subsection d below, the Board of Commissioners may attach conditions of approval,
including time limits for completion of development or for the start or end of certain uses or
activities. Conditions of approval shall meet or exceed the minimum requirements of this
tOrdinance.
A
1 d. Only conditions of approval mutually agreed to in writing by both the applicant and the Board of
Commissioners are allowed.
7. Post-Decision Limitations and Actions
b. Minor Deviations
Subsequent applications for development pursuant to an approved special use permit may
include minor modifications from the approved special use permit, provided such modifications
do not result in a change in permitted uses or density, and otherwise have no material effect on
the character of the approved development. Changes in the following constitute minor
modifications that may be approved by the Planning Director:
1. Modifications in building or structure placement, provided the placement does not decrease
approved setbacks by more than 10 percent;
2. Increases to building or structure size and height not to exceed 10 percent provided all other
applicable standards of this Ordinance are met;
c. Expiration
1. A special use permit shall automatically expire and become null and void if
e the proposed use . :- • •-: : • •• :- •• . - :- ••• • or work authorized by
the approvals or permits associated with the special use permit has not substantially
commenced within two years after the date of issuance, unless the applicant submits a written
request for an extension to the Planning Director prior to the expiration, and the request is
granted in accordance with subsection 2 or 3 below.
t
I
t
i
1
22
i
2021-05 Board of Commissioners Draft—State Law Update
10.3.7 Subdivision
1 B.Applicability
3.The provisions of this section shall not prohibit any landowner or landowner's agent from entering
into contracts to sell or lease by reference to an approved preliminary plan in accordance with
N.C.G.S. § 160D-807153A 334.
I
D. Major Subdivision Procedures and Standards
1. Preliminary Plan Procedure
c. Post-Decision Limitations and Action
4. Preliminary plan approval shall automatically expire and become void if the subdivider does not
submit a final plat for all or part of the lands subject to the approved preliminary plan or if work
authorized by approvals or permits associated with the subdivision has not substantially
commenced within two years of the preliminary plan approval date, unless an extension of time
is granted in accordance with subsection 5 below.
10.3.8. Zoning Compliance Approval
B.Applicability
A zoning compliance approval is required for the following activities:
1. Establishment of a new use other than bona fide farms;
2. Erection, alteration, moving,or repair of any building or structure;and
I 10.3.9.Tree Removal Permit
C.Tree Removal Permit Procedure
3. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-decision Limitations and Actions,
apply,except that a tree removal permit shall automatically expire one year&ix-MO.44e after the date
it is issued.
10.3.11.Variance—Zoning and Subdivision
C.Zoning and Subdivision Variance Procedure
I
Figure 10.3.11.C:Summary of Zoning and Subdivision Variance Procedure
Public Hearing
Procedures I
4 3 4 5 vNitIll p.: 1i
1 2
f' -aye- ,k
c !,, t Application P anring D rector Publr_Hearing Board of Post-0eci;ion
' i `€1
a �, submittal& Pease,:-&Staff ScheduP�ng& Adjustment{ Limitations and
Y a ,p� lye» 1F t-
_ N. Acceptance Report f�otiiCat�on PlanningBOard Actions
z Hearing&Decision
4. Decision-Making Body Review and Action
a.The Board of Adjustment shall conduct a quasi-judicial public hearing on the application and make
a decision in accordance with Section 10.2.9, Decision-making Body Review and Action, and
I
j
I 23
1
I
1
1
3
1
i
2021-05 Board of Commissioners Draft—State Law Update
J
Section 10.3.11.D, Zoning and Subdivision Variance Review Standards,
• - -.The Board's decision shall be one of the following:
I
c. Only conditions of approval mutually agreed to in writing by both the applicant and the Board of
Adjustment are allowed.
5. Post-Decision Limitations and Actions
b. Any appeal of the Board of Adjustment's er—P4444:44g-Bear-d4 decision shall be to the Superior
Court of New Hanover County, in accordance with state law.
1 D.Zoning and Subdivision Variance Review Standards
1. Except as otherwise provided by subsection 2 below, the Board of Adjustment or Planni d
shall grant a variance only if it reaches each of the following conclusions based on findings of fact
supported by competent,substantial, and material evidence presented at the hearing:
1
10.3.13. Reasonable Accommodation
1 B. Reasonable Accommodation Procedure
4. Decision-Making Body Review and Action
B. The concurring vote of four fifths of the Board shall be necessary to grant a reasonable
accommodation.
I
10.3.14.Appeal of Administrative Decision
A.Applicability
I Any person who has standing under N.C.G.S. 1600-1402 160A 393(d), or the County, may appeal a
decision, interpretation, or determination made by the Planning Director or the TRC under this
g
Ordinance to the Board of Appeals in accordance with the procedures and standards in this section
and state law.
i
t
11.5. Change in Kind of Nonconforming Use
11.5.3. A nonconforming accessory use or structure building may only be changed to another
nonconforming accessory use or building in accordance with subsection 11.5.2 above.Changes in
a principal use are also considered as changes to any accessory use or building for the principal
4 use.
12.2.1. Violations Generally
A. Any failure to comply with a standard, requirement, prohibition, or limitation imposed by this
Ordinance, or the terms or conditions of any permit or other development-approval or authorization
granted in accordance with this Ordinance shall constitute a violation of this Ordinance punishable as
provided in this article.
I
B. Permits or permit approvals issued by a decision-making body authorize only the use, arrangement,
location, design, density or intensity, and development set forth in such permits or development
approvals.
i
12.2.2.Specific Violations
I A. Develop property or a structure without first obtaining all appropriate permits or development
aapprovals,and complying with their terms and conditions. '
i
24 1
I
1
1
1
i
2021-05 Board of Commissioners Draft—State Law Update
1
B. Occupy or use land or a structure without first obtaining all appropriate permits or development
approvals,and complying with their terms and conditions.
C. Subdivide land without first obtaining all appropriate permits or develeprent approvals required to
engage in subdivision, and complying with their terms and conditions.
D. Excavate, grade, cut, clear, mine, extract earth resources, or undertake any land disturbing activity
without first obtaining all appropriate permits and develepmeRt approvals, and complying with their
terms and conditions.
H. Install, create, erect, alter, or maintain any sign without first obtaining the appropriate permits or
dev elopment-approvals, and complying with their terms and conditions.
1
12.2.3. Responsible Persons
B. An owner of the property on which a violation occurs, and any tenant or occupant of that property
who has control over, or responsibility for its use or development, except tenants shall subject the
owner only to civil penalties and/or civil action as set forth in this Ordinance, N.C.G.S. 160D-404, and
N.C.G.S. §§ 153A-123(a), (c), (d), (e), (f), and (g), and an owner shall not incur criminal penalties for
violations by any tenants. The owner's responsibilities in relation to a tenant in no way relieves any
tenant from liability for any violations.
12.4 Remedies and Penalties
12.4.1. This Ordinance may be enforced by any one or more of the remedies authorized by Section
153A-123, N.C.G.S., and in in accordance with the provisions of Section 160D-404 153A 324, N.C.G.S.,
including but not limited to the following:
B. Revocation of Permit or Approval
The County Planning Director may revoke any development permit or approval granted under this
Ordinance, by written notice to the permit or approval holder stating the reason(s) for the
revocation, when false statements or misrepresentations were made in securing the permit or
approval,work is being or has been done in substantial departure from the approved application or
plan, there has been a failure to comply with the requirements of this Ordinance, or a permit or
approval has been mistakenly granted in violation of this Ordinance. The County shall follow the
same development review and approval process required for issuance of a development approval,
including any required notice or hearing, in the review and approval of any revocation of that
approval.
1
i
i
1
25
I
1
i
i
l
I
i
2021-05 Board of Commissioners Draft-Ongoing Maintenance
2.3 Definitions and Terms
Adult Entertainment Establishment
Retail or service establishments which are characterized by an emphasis on specified sexual activity
and/or specified anatomical areas as defined in N.C.G.S. 14-202.10, including, but not limited to:
A. Any bookstore, video store, or other establishment in which a substantial portion of its stock in
trade is devoted to printed matter or visual representation of specified sexual activities or
specified anatomical areas;
B. Any movie theater offering movies or other displays,or any establishments offering coin-operated
devices, which emphasize specified sexual activities or specified anatomical areas;
C. Any cabaret, club, tavern, theater, or other establishment which offers any entertainment
emphasizing specified sexual activities or specified anatomical areas;
D. Any establishment offering massage or similar manipulation of the human body, unless such
manipulation is administered by a medical practitioner, chiropractor, acupuncturist, physical
therapist,or similar professional licensed by the State. This definition does not include massages
or similar manipulation offered at an athletic club, health club,school,gymnasium,spa,or similar
establishments.
E. Any establishment, agency, entity, or private club other than a hotel, motel, or similar lodging
establishment offering public accommodations, that provides for any form of consideration,
gratuity, or membership fee a place and/or equipment where two or more persons may
congregate, associate, or consort for the purposes of specified sexual activities or the exposure of
specified anatomical areas.
Hospital
An institution receiving inpatients and rendering medical care on a 24-hours-per-day basis. The term
includes general hospitals,sanitariums,sanatoriums,and institutions in which service is limited to special
fields,such as cardiac;eye,ear,nose,and throat;pediatric;orthopedic;skin;cancer;mental;tuberculosis;
chronic disease; and obstetrics. The facilities may also include outpatient care, ambulatory care, offices
1 of medical practitioners, adult day care, respite care, medical day care and day care for sick children, gift
shops, restaurants, heliports, and other customary accessory uses. The term shall not include "adult day
care center," "assisted living facility," or"nursing home facility."
Motor Vehicle
A road vehicle powered by an internal combustion engine or electric motor that is clearly intended for
operation on a paved, level surface with a posted speed limit of 25 miles per hour or greater. This does not
include vehicles such as mopeds, golf carts, all-terrain vehicles (ATVs), dirt bikes, or electric assisted
bicycles,skateboards, or scooters.
1
Temporary Family Healthcare Structure
A transportable residential structure accessory to a principal dwelling providing an environment
facilitating a caregiver's provision of care for a mentally or physically impaired person that(i)is primarily
Iassembled at a location other than its site of installation, (ii) is limited to one occupant who shall be the
1
1
1
i
1
2021-05 Board of Commissioners Draft-Ongoing Maintenance
mentally or physically impaired person, (iii)has no more than 300 gross square feet, and(iv)complies with
applicable provisions of the State Building Code and G.S. 143-139.1(b).
Tree, Canopy
Any tree or other woody plant with an average spread of 25 feet or greater at maturity that when fully
grown will provide shade and/or shelter for the land beneath while allowing passage of people, animals
and/or vehicles upon the land beneath.
Tree,Specimen
Any Live Oak, Bald Cypress, or Pond Cypress tree that is 36" diameter at breast height (DBH)or larger.
Tree, Understory
Any tree no more than 4035 feet in height at maturity located between the forest canopy and the ground•cover - -- - • - • _ •• - - . • -. • - - - - . .. . - - . . - - -- .
Vehicle Sales
A facility used primarily for the sale of consumer-oriented motor vehicles, as defined herein such as
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 35,000
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
i Density, maximum (dwelling
units/acre)** 1.9
Building height, maximum (feet)*** 40
1 * 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.
)
1
I
i
2
1
1
2021-05 Board of Commissioners Draft-Ongoing Maintenance
1
3.3.6. Exceptional Design (EDZD) Planned Development District
4 B.Applicability
PP Y
1. As of May 3, 2021, no new EDZD district shall be added to the Official Zoning Map, nor may an
f Y ff� � 9 P. Y Y
boundary of an existing EDZD district be modified. Any property zoned EDZD prior to May 3, 2021
exists as part of the Official Zoning Map and shall conform to the standards of this ordinance.
I Table 3.3.6.E.2: Exceptional Design Additional Requirements
A minimum of one whole residential or non-residential building is
1 Certified Green Building designed, constructed, or retrofitted and certified through LEED, NAHB
Green Building Standards,RESNET, WELL or any other third party verified
(2 points) Home Energy Rating Program - . _ - - - -- , -
Grccn Gieibes.
• New multi-family residential(4+stories),non-residential,and mixed use
Minimum Building buildings meet at least three of the additional requirements listed in the
Efficiency N.C. Energy Conservation Code for Commercial buildings;and
• Ninety percent of new multifamily residential (3 stories or less) and
1 (2 points)- single-family residential buildings meet the HERO option listed within
the Energy Conservation Code of the N.C.State Building Code.
i
4.2.1 Principal Use Permissions
• Table 4.2.1: Principal Use
Table Key. P=Permitted by Right S =Special Use Permit Required * =Spec14'c Use Standards Apply in District blank cell = not allowed 4.
INMINILIR111111111112 III x 4
ii. Ili i 1* IN I t.1 S'X
1 Multil Family ...1111111111111■11111111111111®.®01■■■■■ 4.3.2
4.3.2. Residential Uses
A. Household Living
2. Dwelling, Multi-Family
c. Multi family dwellings in all districts shall be reviewed in accordance with the same standards as
I established in this ordinance for subdivisions even if the project does not involve the subdivision of
land. A Site Plan shall be submitted in accordance with Section 10.3.6,Site Plan.
)
4.3.4. Commercial Uses
A.Amusement&Entertainment Uses
1.Adult Entertainment Establishment
Adult entertainment establishments in the I-1 District shall comply with the following standards:
b. Each adult entertainment establishment shall be located a minimum of 1,000 feet from any
residentially zoned area, Child Care Center, Family Child Care Home, Religious Assembly,
Elementary and Secondary Schools, and Park and Recreation Area . Such
measurement shall be the horizontal distance between the property line of the proposed adult
1 t
i
3
1
1
1
I
1
_
/
I
I2021-05 Board of Commissioners Draft-Ongoing Maintenance
I
I
i
I entertainment establishment and the nearest residential zoning line or property line of any
1 church, school,or park.
1 C.Commercial Services
2. Mini-Warehouse/Self-Storage
When located in the B-2 District or UMXZ District or when established on a lot having frontage on
iMarket Street, Carolina Beach Road, College Road, or Castle Hayne Road, mini-warehouse/self-
1
storage facilities shall comply with the following standards:
d.The use of metal as a primary material is prohibited on perimeter or exterior walls that are visible
from an arterial street or from a residential district or existing residential development, unless in
the form of:
I1.Architectural concealed fastener metal panels, or
I2.A mix of paneling types with non-concealed fastener panels making up no more than 50%of
the metal paneling used
4.5.4. Standards for Specified Temporary Uses
G. Temporary Family Healthcare Structure
1 A temporary family healthcare structures shall not be placed on a permanent foundation.
5.4.2. General Standards
J A. All plant materials and their spacing requirements, which are to be planted to meet the opacity and
1 height requirements of this section, shall be either selected from the manual "Tree and Plant
1 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
Iapproved by the New Hanover County Agricultural Extension Service. Unless otherwise specified,any
1 canopy tree planted to meet the requirements of this section shall be a minimum of 224-inch caliper
in size at the time of planting and any understory tree planted to meet the requirements of this section
I shall be a minimum of 8 feet in height at time of planting.
I
, 5.8.2 Open Space Set-Aside Standards
1 C. Multi-family Developments:20 percent
1
1
1
1 6.3.3. Required Improvements
J. Sidewalks,Trails and Bikeways
i
1
1.Sidewalks shall be required to be constructed in the following circumstances:
a.On both sides of the right-of-way of all local streets and on at least one side of all driveways or
private drive aisles adjacent to parking areas or buildings in the RMF-L, RMF-M, RMF-MH, and
1 RMF-H districts.
1
1
i
1
i
1
i
I
1
4
i 1
1
i
i
1
1
2021-05 Board of Commissioners Draft-Ongoing Maintenance
j
9.8.2. Specific Standards
E. Fill/Grading
In zones A,AE,AH,AO, and A99 the following provisions shall apply:
1. Minor grading and the placement of minor quantities of neestweti+Fal fill may be permitted for
landscaping and for drainage purposes under and around buildings and for support of parking
1 slabs, pool decks, patios,and walkways.
2. The fill material must be similar and consistent with the natural soils in the area.
3. The placement of site-compatible, , fill under or around an elevated building is
limited to two feet. Fill greater than two feet must include an analysis prepared by a qualified
registered design professional demonstrating no harmful diversion of floodwaters or wave run-
up, and wave reflection that would increase damage to adjacent elevated buildings and
1 structures.
4. New fill with finished slopes that are steeper than five-units horizontal to one-unit
vertical shall be permitted only if an analysis prepared by a qualified registered design
professional demonstrates no harmful diversion of floodwaters or wave runup and wave
reflection that would increase damage to adjacent elevated buildings and structures.
{
fG
5