2005-11-07 RM Exhibits
'R !:!- :L 't 3 l. I
RESOLUTION
OF THE
BOARD OF COMMISSIONERS
OF
NEW HANOVER COUNTY
WHEREAS, after due advertisement, bids were received and publicly opened by the Finance
Department at 3 :00 p.m., on the 25th day of October, 2005, at the County Administration Building,
320 Chestnut Street, Wilmington, North Carolina, and the following bids were received for the
purchase of tables and chairs for the Emergency Operations Center (EOC), Bid # 06-0033:
The Office Showcase
MacThrift Office Furniture
Forms and Supply
$ 76,601.31
$103,997.17
$109,541.94
AND WHEREAS, the Office Showcase submitted a written request within twenty-four (24)
hours of the bid opening to withdraw their bid due to an unintentional and substantial omission of a
portion of the design of the tables and the request was supported by objective evidence;
AND WHEREAS, the bid from The Office Showcase is therefore removeq from
consideration and the next lowest bid meets all requirements of the bid specifications and therefore
MacThrift Office Furniture is deemed to be the lowest responsible bidder;
AND WHEREAS, the Chief Project Manager, the Finance Director and the County Manager
recommend that the contract be awarded to MacThrift Office Furniture of Wilmington, North
Carolina, the lowest responsible bidder, in the amount of one hundred three thousand, nine hundred
ninety-seven dollars and seventeen cents ($103 ,997 .17);
AND WHEREAS, funds have been previously appropriated and are now in Account No.
39898400-800700 to cover this contract;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New
Hanover County that:
1.
due to an error in calculation, the bid from The Office Showcase is removed
from consideration and the next lower bidder, MacThrift Office Furniture,
meets all requirements of the bid specifications and therefore is deemed to be
the lowest responsible bidder, and;
2.
the contract for the purchase oftables and chairs for the EOC, Bid # 06-0033
be awarded to MacThrift Office Furniture of Wilmington, North Carolina, the
lowest responsible bidder, in the amount of one hundred three thousand, nine
hundred ninety-seven dollars and seventeen cents ($103,997.17), and;
3.
that the County Manager is hereby authorized and directed to execute
contract 06-0033, contract form to be approved by the County Attorney.
This 7th day of November, 2005.
(SEAL)
ATTEST:
~~.\,~. ~lu\\
Clerk to the Board
?Jt;j~
Chairman, Board of County Commissioners
7<:l:b :Lcr. 31. 2-
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
PROCLAMATION
ADOPTION AWARENESS MONTH
NOVEMBER 2005
WHEREAS, every child deserves the chance to grow up in a loving, stable family and adoption is a
beautiful way to build a family; and
WHEREAS, adoption is the goal for many special needs children in foster care; and
WHEREAS, some special needs children are teenagers, and some have physical, emotional and
behavioral challenges; they are children of all races; many have been neglected, abandoned, abused
and/or exposed to drugs and alcohol; others are brothers and sisters who want to grow up together and
they need our care and they need security; and
1
WHEREAS, children in New Hanover County are waiting for adoptive homes or are in the legal
process of being cleared for adoption; and
WHEREAS, many children find permanent homes through adoption by their foster families, thereby
creating an ongoing need for new foster and adoptive families.
NOW, THEREFORE BE IT RESOLVED, that the New Hanover County Board of Commissioners in
recognition of National Adoption Awareness Month, thanks all adoptive mothers and adoptive fathers
for their commitment to children and encourages our community to honor the special needs of New
Hanover County's children in hopes of securing a permanent, loving family for each and every child
regardless of race, age, gender, health, emotional or behavioral condition or past distress.
This the ih day of November, 2005.
~\~\~~ ~. ~J\I'\\
Sheila L. Schult, Clerk to the Board
1JJ~~
Robert G. Greer, Chairman
Attest:
RH:- :l.'1.31."3
RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE COUNTY OF NEW
HANOVER, NORTH CAROLINA DIRECTING THE FILING OF AN APPLICATION WITH
THE LOCAL GOVERNMENT COMMISSION OF NORTH CAROLINA FOR APPROVAL
OF THE ISSUANCE OF HOSPITAL REVENUE REFUNDING BONDS AND CERTAIN
RELATED MATTERS AND MAKING RELATED FINDINGS
WHEREAS, the Board of Commissioners (the "Board") of the County of New
Hanover, North Carolina (the "County") has determined that it is advisable to provide for the
current refunding of all of the County's outstanding Hospital Revenue Bonds (New Hanover
Regional Medical Center Project) Series 1993 (the "Refunded 1993 Bonds") to generate debt
service savings; and
WHEREAS, the Refunded 1993 Bonds were issued to finance capital
improvements to New Hanover Regional Medical Center (the "Hospital"), all as described in the
County's Official Statement related to the Refunded 1993 Bonds (the "1993 Project"); and
WHEREAS, the Board of the County has determined that it is advisable to
provide for the advance refunding of the County's outstanding Hospital Revenue Bonds (New
Hanover Regional Medical Center Project) Series 1996 maturing after October 1, 2006 (the
"Refunded 1996 Bonds") to generate debt service savings; and
WHEREAS, the Refunded 1996 Bonds were issued to finance capital
improvements to the Hospital, all as described in the County's Official Statement related to the
Refunded 1996 Bonds (the "1996 Project"); and
WHEREAS, the 1993 Project and the 1996 Project shall be referred to herein
collectively as the "Projects" and the Refunded 1993 Bonds and the Refunded 1996 Bonds shall
be referred to herein collectively as the "Refunded Bonds"; and
WHEREAS, the Board desires to authorize the County Manager, the Finance
Director and the County Attorney of the County to apply to the Local Government Commission
of North Carolina for its approval of the issuance of variable rate hospital revenue refunding
bonds (the "Refunding Bonds") to refund the Refunded Bonds and refinance the Projects and to
take all other action necessary in connection therewith; and
WHEREAS, the Board considered and recognized that variable interest rate debt
instruments subject the County to the risk of higher interest rates in the future, that the rates may
be higher than the fixed rates that are currently available to the County, and that in addition to
the variable interest cost, the County must pay the fees ofWachovia Bank, National Association,
as liquidity provider, and Merrill Lynch, Pierce, Fenner & Smith Incorporated and RBC Dain
Rauscher Inc., as remarketing agents, which fees may increase the variable interest cost by
0.50%; and -
WHEREAS, the Board understands that New Hanover Regional Medical Center,
which is obligated to pay the County the amounts necessary to make, among other things, debt
service payments on the Refunding Bonds, has entered into interest rate swap agreements to
hedge the interest cost associated with the variable rate hospital revenue refunding bonds noted
above; and
WHEREAS, the Board desires to retain Merrill Lynch, Pierce, Fenner & Smith
Incorporated and RBC Dain Rauscher, Inc., as co-senior managing underwriters and as
remarketing agents, LeBoeuf, Lamb, Greene & MacRae LLP, as bond counsel, Parker Poe
Adams & Bernstein, L.L.P., as counsel to New Hanover Regional Medical Center, Womble
Carlyle Sandridge & Rice PLLC, as underwriters' counsel, The Arbitrage Group, Inc., as
verification agent, Financial Security Assurance Inc., as bond insurer for the Refunding Bonds,
Wachovia Bank, National Association, as liquidity provider for the Refunding Bonds, Robinson,
Bradshaw & Hinson, P.A., as counsel to the liquidity provider, and First-Citizens Bank & Trust
Company, as trustee, tender agent and escrow agent.
NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the
County, as follows:
Section 1. That the County Manager, the Finance Director and the County
Attorney of the County are hereby authorized, directed and designated to file an application with
the Local Government Commission for i!S. approval of the issuance by the County of the
Refunding Bonds.
Section 2. That the Board finds and determines and asks that the Local
Government Commission find and determine from the County's application and supporting
documentation:
(a) That the issuance ofthe Refunding Bonds is necessary and expedient;
(b) That amount of the Refunding Bonds will be sufficient but is not excessive
for the refinancing of capital costs related to the Projects;
(c) That the refinancing of capital costs related to the Projects and the
issuance of the Refunding Bonds are feasible;
(d) That the County's debt management procedures and policies are good; and
(e) That the Refunding Bonds can be marketed at a reasonable interest cost to
the County.
Section 3. That the Chairman and Vice Chairman of the Board, the County
Manager, the County Attorney, the Finance Director, and the Clerk to the Board are hereby
authorized to do any and all things necessary to effectuate the issuance of the Refunding Bonds.
Section 4. That Merrill Lynch, Pierce, Fenner & Smith Incorporated and RBC
Dain Rauscher, Inc., as co-senior managing underwriters and as remarketing agents, LeBoeuf,
Lamb, Greene & MacRae LLP, as bond counsel, Parker Poe Adams & Bernstein, L.L.P., as
counsel to New Hanover Regional Medical Center, Womble Carlyle Sandridge & Rice PLLC, as
underwriters' counsel, The Arbitrage Group, Inc., as verification agent, Financial Security
Assurance Inc., as bond insurer for the Refunding Bonds, Wachovia Bank, National Association,
as liquidity provider for the Refunding Bonds, Robinson, Bradshaw & Hinson, P .A., as counsel
to the liquidity provider, and First-Citizens Bank & Trust Company, as trustee, tender agent and
escrow agent, shall be retained.
, Section 5. That the Local Government Commission is hereby requested to
I
sell the Refunding Bonds with a variable interest rate at private sale without advertisement to any
purchaser or purchasers thereof, at such prices as which the Local Government Commission and
the Board determine to be in the County's best interest in accordance with the provisions of
Section 159-123(b) of the General Statutes of North Carolina, as amended.
Section 6.
That this Resolution shall become effective on the date of its
adoption.
This the 7h day of November, 2005.
(SEAL)
17~::
Robert G. Greer, Chairman
ATTEST:
~\h\~ ~-~~\
Sheila L. Schult, Clerk to the Board
"Ri:b-:t9. 3l.to
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
RESOLUTION
WHEREAS, New Hanover County has been asked to comment on plans to construct a Wal-Mart
Supercenter on a 31-acre site in the 7200 block of Market Street in the Ogden and Middle Sound
Communities; and
WHEREAS, the front portion of this property has a considerable amount of wetlands that would be
impacted by a planned entranceway; and
WHEREAS, this segment of Market Street is highly congested with traffic movements already failing at
many locations; and
WHEREAS, New Hanover County recogmzes the importance of protecting our water quality and
envlromnental resources in order to maintain and enhance the County's diverse and ecologically Important
natural systems; and
WHEREAS, New Hanover County through our Watershed Management Advisory Board with assistance
from the Clean Water Management Fund has expended over $17,000,000 for the protection and
enhancement of our tIdal creeks; and
WHEREAS, New Hanover County desires to ensure sustainable coastal communities, providmg for the
needs of the present without compromising our ability to meet the needs of future generations, and
WHEREAS, more appropriate alternative designs and proposals are available for the development of this
site in ways that eliminate or greatly reduce the environmental and transportation conflicts; and
WHEREAS, New Hanover County has already engaged in numerous discussions and several meetmgs
concernmg ongoing projects along Market Street in the headwaters of our estuanne watersheds and
wishes to extend those opportunities for broader input through a public hearing; and
WHEREAS, the New Hanover County Planning Department has already made such a request to the
Corps of Engineers' District Office and the NC Division of Coastal Management, copies of which are
attached hereto;
NOW, THEREFORE, BE IT RESOLVED that the New Hanover County Board of Commissioners
supports and endorses the comments previously forwarded to the Corps of Engineers and the NC DivisIOn
of Coastal Management in letters from the New Hanover County Planning Department, ll1cludll1g the
request for a public hearing be held to consider the cumulative impacts ofthe proposed project.
ADOPTED this the ih day of November, 2005.
Attest:
/d7i5r6L-
Robert G. Greer, Chairman
~
',.
Q
New Hanover County
Planning Department
Dexter L. Hayes
Director
County Annex Building
230 Marketplace Drive, Suite 150
Wilmington, NC 28403
P 9107987165
F 9107987053
October 19,2005
Corps of Engineers, Wilmington Distnct
Attn: Jennifer Frye
PO Box 1890
Wilmmgton, NC 28402
Re# 200500058 Wal-Mart Center
Dear Ms Frye;
Our Department has reviewed the applIcation to construct a Wal-Mart Center in the 7200 Block
of Market Street and would like to offer the followmg comments:
While this tract is part of a larger commercial distnct in the Ogden Community the front portion
of the property along Market St has a considerable amount of wetlands. This area IS regulated by
the New Hanover County's Conservation Overlay District which purpose is to protect these
Important environmental resources within the County. ProtectIOn of these resources is necessary
to maintain the County's diverse and ecologically important natural systems as well as to provide
open space. The proposed entranceway needs to be relocated to avoid the unnecessary crossing
of these important wetlands.
This is a highly congested area along Market St. WIth traffic movements already failmg at many
locations. Alternative designs for the entrances to the site have been discussed with NCDOT and
Wal-Mart's engineers. However, this wetland crossing has not been dictated by anyone that I'm
aware.
Certainly the opportunity to utilize an existing signalized intersection has merits in protectmg
the flow of traffic along US 17. The Plmming Staff supports the realignment of Lendire Rd with
the signal at Middle Sound Loop. We would also encourage interconnectivity WIth
neighborhoods and propeliles to the north and west m order to eliminate as many trips as
possible from utilIzmg Market St as an access pomt. It is the Plam1ing Staffs pOSItion that thIS
segment of Market St cannot accommodate the 7,000 - 8,000 trips prOjected for thIS project.
The approval of any large traffic generator at thIS location should be delayed untIl the completIOn
of MIlitary Cut-Off extenSIOn.
Development activitles along Market Street have already been the subject of numerous
dISCUSSIOns and several meetings concernmg ongoing projects. Because of the cumulabve
Impacts of a project of this size, our Depariment respectively request that a public heanng be
held to consider the applicatIOn. In additIOn to the reasons cIted above vanous policies adopted
in the CIty and County CAMA Land Use Plan are pertment to the environmental and
transportation Impacts of the proposed project.
We appreciate the opportumty to comment on this project.
~~
Cc Dave Weaver, County Manager
Board of County CommIssioners
"I\}
New Hanover County
Planning Department
Dexter L. Hayes
Director
County Annex Building
230 Marketplace Dnve, Suite 150
Wilmingto"n, NC 28403
P 9107987165
F 910 798 7053
October 13,2005
\
\
Mr. Stephen Rynas, AICP
NC DivisIOn of Coastal Management
400 Commerce Avenue
Morehead City, NC 28557
DCM # 20050082 Wal-Mart Center
\
Dear Mr Rynas;
Our Department has reviewed the application to construct a Wal-Mart Center in the 7200 Block of
Market Street and would like to offer the following comments:
While this tract is part of a larger commercial district in the Ogden Community the front portion of
the property along Market St has a considerable amount of wetlands. This area is regulated by the
New Hanover County's Conservation Overlay Distnct which purpose is to protect these important
environmental resources within the County. Protection of these resources is necessary to maintain
the County's dIverse and ecologically important natural systems as well as to provide open space.
The proposed entranceway needs to be relocated to avoid the unnecessary crossing of these
Important wetlands.
This is a highly congested area along Market St. with traffic movements already failing at many
locations. Alternative designs for the entrances to the site have been discussed with NCDOT and
New Hanover County. However, this wetland crossing has not been dictated by anyone that I'm
aware.
Certainly the opportunity to utilize an existing signalIzed intersection has merits in protecting the
flow of traffic along US 17. The Planning Staff supports the realIgnment of Lendire Rd with the
SIgnal at MIddle Sound Loop. We would also encourage interconnectIvity with neighborhoods
and properties to the north and west in order to eliminate as many tnps as possible from utilizmg
Market St as an access point. It is the Planning Staff s pOSItion that this segment of Market St
CaIIDOt accommodate the 7,000 - 8,000 trips projected for this project. The approval of any large
traffic generator at this location should be delayed until the completIOn of MIlitary Cut-Off
extension
RECE\VEO B'l
ALL COMM'SS\ONERS
---
...----
Development activities along Market Street have already been the subject of numerous discussions;
and several meetings concerning ongoing projects. Because of the cumulative impacts of a project
of this size, our Department respectively request that a public hearing be held to consider the
apphcation. In addition to the reason cited above various policies adopted in the City and County
CAMA Land Use Plan are pertinent to the environmental and transportation impacts of the
proposed project.
We appreciate the opportunity to comment on this project.
Sincerely,
~~Ye~~
Cc Dave Weaver, County Manager
Board of County Commissioners
'RJ.4. :l.q. ~ 1. 7
PROCLAMATION
BY THE
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
National Hunger and Homelessness Awareness Week
November 14-18, 2005
WHEREAS, according to the Food Bank of Central & Eastern North Carolina,
Wilmington Branch,
. nearly one in eight US households do not have access to enough food to meet
their basic needs; more than nine million people live in households that go
hungry; one-third of these are children; and
. there are 329,281 people in the Wilmington Branch Warehouse service territory;
47,169 people are living at or below the poverty level; 17,355 are children
eighteen years and younger and 5,525 are sixty-five years of age or older; and
. the Food Bank of Central & Eastern North Carolina, Wilmington Branch that
serves Brunswick, Columbus, Pender and New Hanover Counties, distributed
over three million pounds of food to over 93 non-profit agencies in fiscal year
2004-2005, an increase of more than 279% from the 1997-1998 fiscal year.
NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of
Commissioners that November 14-18,2005 be recognized as
National Hunger and Homelessness Awareness Week
in New Hanover County. Citizens are encouraged to engage in education, awareness and
participation in eliminating and eradicating hunger and homelessness.
Adopted this the ih day of November, 2005.
~
Robert G. Greer, Chairman
Attest:
~\..\ '- ~~\~
Sheila L. Sc ult, Clerk to the Board
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA "AIRPORT"
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7, 1972 &-ct-'.'-I/ rQ'7{..(J
CASE: Z-809, 11/05
z 6:2.. A-~
p~ Icg.r
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area "Airport" is hereby amended by removing the heremafter described
tract from the AR AIrport Residential Zoning Distnct Classification and placmg it entirely in the AI Airport
Industrial Zoning DIstrict Classification, said land bemg described as follows:
BEGINNING at a point 1I1 the southern R/W of Kerr Avenue at the eastern boundGlJ! of TF Holdings
property; thence running south along the boundmJ! of that property to a point intersecting property owned
by the Johnson Heirs, thence following the boundmJ! south to a po lilt in the northern boundary of NHC
Ailport property, thence following the subject property 1275 :l:: feet easterly to a point in the western R/W
of Farley Drive, thence following Farley Drive 2020 :l::feet to lot owned by Emmanuel Dutton, thence NW
325 :l:: feet along that lot line to a point; thence NE 620 :l:: feet along the western boundary of several lots to
a pOint in the SE boundm)i of property owned by SABOB Corp.; thence NW 1275 :l:: feet along that
boundm)i line extended to a p0172t in the southern R/W of Kerr Avenue; thence 1015 :l::feet along said R/W
to the point of beginning The same being approximately 102 acres owned by Bertram Williams.
Section 2. The County Clerk is hereby authorized and directed under the supervIsion of the County
Commissioners to Change the Zonmg Map of ZOnIng Map Area Airport on file m the office of the County
CommiSSIOners, so as to make it comply with this ordinance.
Section 3. Any ordmance or any part of any ordinance in conflict with this ordinance, to the extent of such
conflict, is hereby repealed. '
Section 4 This ordinance is adopted in the interest of public health, safety, morals and general welfare of the
mhabitants ofthe County ofN ew Hanover, North Carolina, and shall be in full force and effect from and after its
adoptIOn.
~,yA~
Robert G. Greer, ChaIrman
Attest:
~\~~~~~L\\
Clerk to the Board
"Z c3 1 . t.J-. f." 7 . '3
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.4
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7, 1m- ~'v..J '1 i \ '1 <'"'1/
CASE: Z-811, 11/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN.
SectIOn 1. The Zomng Map ofZol1ll1g Area No.4 is hereby anlended by removing the hereinafter descIibed tract
from the R-15 ResIdential Zonll1g DIstrict Classification and placing it entirely in the B-2 HIghway Business
Zomng District Classification, sald land bell1g described as follows:
TRACT 4 Bemg all of Lots 50 and 51 accordmg to the offiCIal plot ofPme Acres, prepared by J.L Becton, C.E.,
Apnl, 1922 and duly recorded m Map Book 2 at Page 60 m the Office of the RegIster of Deeds of New Hanover
County; and bemg the same lots as described m a Trustee's Deed ofK.E. Austm, Trustee, to Henry Vann, whIch
deed IS duly recorded m Book 297 at Page 558 m the Office of the RegIster of Deeds of New Hanover County.
TRACT 5 Tract or Lot, accordmg to a subdivisIOn of the ElIjah Moore Property accordmg to Map or plan of same
whIch IS recorded m Map Book 2 at Page 20 m the Office ofthe RegIster of Deeds of New Hanover.
SectIOn 2. The County Clerk is hereby authorized and directed under the supervision of the County
COlllllllssIOners to Change the Zoning Map Area No.4 on file in the office ofthe County COlllllllssioners, so as to
make It comply wIth this ordinance.
SectIOn 3. Any ordll1ance or any part of any ordinance in conflict with this ordinance, to the extent of such
conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the
ll1habItants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after its
adoption.
Adopted the ih day of November, 2005
Attest:
/f?.Y~~
Robert G. Greer, ChaIrman
~\:\~ \..~tt~~
Clerk to the Board
z d:l . q Pc. tf9
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No. 9A
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July f, 1972
CASE: Z-812, 11/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
SectIOn 1. The Zomng Map of Zoning Area No. 9A is hereby amended by removing the hereinafter described
tract from the R-15 Residential Zoning District Classification and placing It entirely in the B-1 Neighborhood
Busmess Zoning DIstnct Classification, said land bemg described as follows:
BEGINNING at a new Iron pipe in the Eastern line of Castle Hayne Road (U.S #117 -NC #133)(60.00feet in
width), said iron pipe being located South 22 degrees - 37 minutes West 384.83 feetFom the point of intersectIOn
of the Eastern line of the aforementioned Castle Hayne Road with the center line extended of Victoria Drive (S.R.
#316) (60 00 feet 117 width), rUllmng thence South 77 degrees 15 71llnutes 30 seconds East 345 50 feet to a new iron
pipe, thence South 22 degrees 37 minutes West 84 94 feet (passing through a new Iron pipe at a distance of 0+
78 41 feet to a point In a ditch, thence North 78 degrees - 42 minutes West with and beyond said ditch 347 13 feet
to a new iron pipe located in the Eastern line of Said Castle Hayne Road, said pipe being South 78 degrees - 42
minutes East 5 77 feet Fom an old iron rod, thence North 22 degrees - 37 minutes East along said Eastern line
93.79 feet to the beginning Containing 0698 acres, and being portion of the tract conveyed by Lonnie S. Snipes
to H.M Wolff, Februmy 23, 1924, recorded in Book 150 Page 373 of the New Hanover County RegistlY
SectIOn 2. The County Clerk IS hereby authorized and dIrected under the supervision of the County
CommIssioners to Change the Zoning Map of Zoning Map No. 9A on file in the office of the County
C0l11lTIlSSlOners, so as to make It comply with thIS ordinance.
Section 3. Any ordinance or any part of any ordinance in conflict with this ordmance, to the extent of such
conflict, is hereby repealed.
SectIOn 4. This ordmance IS adopted in the interest of public health, safety, morals and general welfare of the
inhabitants ofthe County of New Hanover, North Carolina, and shall be m full force and effect from and after its
adoption.
Adopted the ih day of November 2005.
Attest:
0Jd;s~
RobeIi G. Greer, ChaIrman
~\\~~'-~~I~\-
Clerk to the Board
z.. 6:2.. c.:. H.. k't.-~
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA CASTLE HAYNE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 1, 1985
CASE: Z-813, 11/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
SectlOn 1 The Zonmg Map of Zoning Area Castle Hayne IS hereby amended by removing the heremafter
descnbed tract from the R-15 Resldentlal Zoning Distnct ClassIfication and placing it in the B-1 Neighborhood
Busll1ess Zomng Dlstnct ClassificatlOn, said land bell1g described as follows:
Map of Castle Hayne recorded as Plat Book 48, Page 150 andfurther descrIbed as Block 15, and the eastern half
o.fLots 16-20 belllg bounded by HickOlY Street on the north and Blossom Street on the east and Block 15, and the
same belllg owned by Lany Edwards Harts and the eastern half of Lots 11-12 being bounded by Cheny Street 071
the south and Blossom Street 071 the east the same being owned by P & A Propertzes, LLC.
SectlOn 2. The County Clerk is hereby authorized and dIrected under the supervision of the County
Commissioners to Change the Zoning Map Area Castle Hayne on file in the office ofthe County Commissioners,
so as to make it comply with thIS ordinance.
SectlOn 3. Any ordll1ance or any part of any ordinance 111 conflict WIth this ordinance, to the extent of such
conflict, IS hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare ofthe
111habltanis ofthe County of New Hanover, North Carolina, and shall be in full force and effect from and after ItS
adoptIon.
Adopted the ih day of November, 2005
~~
Robert G Greer, Chairman
Attest:
~~\~ " ~~\~
Clerk to the Board
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA "AIRPORT"
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED July 7, 1972 u<-.-t 1../-/ I q -7 ~
CASE: Z-814, 10105
2.. B.2.. I-\..'~
P~. I ~. ')...
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area "AIrport" is hereby amended by removing the hereinafter described
tract from the AR AirpOli Residential Zoning District ClaSSIfication and placmg It entirely in the AI AIrpOli
Industrial Zoning District ClassificatIOn, said land being described as follows:
BEGINNING at a point at the terminus of Acorn Branch Road running northerly 2200+ feet along the
eastern boundmy of property owned by Calarco Et al to a point in the SW boundw]I of the T.F Holdings
property; thence 1200r. feet SE to point, thence NE 325r. feet to a corner in the Bertrum Williams
property. thence following property boundary east and south to an intersection wzth the northern boundary
of property owned by the NHC Ai/port, thence following that property boundmy NWapproximately 800 r.
feet to a point, thence SW along the Airport property boundmy approximately 1 000r. feet to the point of
beginnzng
The same being two parcels owned by H C Johnston Heirs containing r.45 8 acres
SectIOn 2. The County Clerk is hereby authorized and directed under the supervisIOn of the County
CommissIOners to Change the Zoning Map of Zoning Map Area Airport on file in the office of the County
CommissIOners, so as to make It comply with this ordinance.
Section 3. Any ordmance or any part of any ordinance in conflict with this ordmance, to the extent of such
conflict, IS hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the
inhabitants ofthe County of New Hanover, North Carolina, and shall be in full force and effect from and after its
adoption.
Adopted the ih day of November 2005.
?L-I/)~
Robeli G. Greer, Challman
Attest:
~\~~&. '--.~~~\~
Clerk to the Board
2.. t3 I. tf-. ~? tf
AN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE ZONING MAP OF ZONING AREA No.4
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED APRIL 7, 1971
CASE: Z-816, 10105
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Map of Zoning Area No.4 is hereby amended by removing the hereinafter described tract
from the R-15 Residential to CD(B-1) Conditional Use Neighborhood Business District, SaId land being
descrIbed as follows:
BEGINNING an existing control monument in the western right of way line of us Highway 421 (Carolina Beach
Road 160 feet right of way), said monument being S11 051 '56" 1407 feet::l: from the intersection of the western
right of way of Us Highway 421 and the centerline of Sandlers Road, SR1187, and running thence from said
beginningpoint N 81019 '43" W, 986.23 feet to an existing control monument; thence S 08040 '49" W 429 76feet;
thence S 81 0 20 '00" E 799 83 feet to a point; thence S 81 015 '00" E 200 feet to a point in the western right of way
line of us Highway 421; running thence with and along the western right of way line ofsaid US Highway 421 to
the point a beginning. The same containing 9.82 acres more or less.
Section 2. The County Clerk is hereby authorized and directed under the superVISIOn of the County
Commissioners to Change the Zoning Map Area No.4 on file in the office ofthe County Commissioners, so as to
make it comply with this ordinance.
SectIOn 3. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent of such
conflict, is hereby repealed.
Section 4. This ordinance is adopted in the interest of public health, safety, morals and general welfare of the
inhabItants of the County of New Hanover, North Carolina, and shall be in full force and effect from and after ItS
adoption.
Adopted the ih day of November, 2005
Attest:
/:SiJ~
Robert G. Greer, ChaIrman
~\~~ ~.~~\
Clerk to the Board
~uP 3.3Q.1
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER TO EXPAND AND MODIFY A SPECIAL USE PERMIT
From R-15 Residential to CD (B-1) District
Conditional Use Neighborhood Business District
Z-816, 10/05
The County Commissioners for New Hanover County having held a public hearing on November 7,2005
to consider application number Z-8l6 submitted by Kenneth Orndorff for Raley-Miller Properties to
permit an additional 30,000 sq ft to the previously permitted 150,000 square feet of retail, commercial and
office space as well as another 58 dwelling units for a total of 84 in a Conditional Use Neighborhood
Busmess District located at 6002 Carolina Beach Road and having heard all of the evidence and
arguments presented at the hearing, make the following FINDINGS OF FACT and draw the following
CONCLUSIONS:
1. The County Commissioners FIND AS A FACT that all of the specific requirements set forth in
Section 72-27 of the County Zoning Ordinance WILL be satisfied if the property is developed in
accordance with the plans submitted to the County Commissioners.
2. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the first general
requirement listed in the Ordinance; namely that the use will not materially endanger the public health
or safety if located where proposed and developed according to the plan as submitted and approved.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. Private water and sewer serve the subject property.
B. Proposed access to the site is from Carolina Beach Road and Sanders Road. Carolina Beach
Road is an Arterial Road and Sanders Road is a Collector Road.
C. The property is located within the Myrtle Grove VFD.
D. The property contains approximately 9.82 acres.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed in the Ordinance; namely that the use meets all required conditions and
specifications. In support of this conclusion, the Commissioners make the following FINDINGS OF
FACT:
A. All the uses listed on the site plan are permitted by right or by special use permit in the B-1
Neighborhood Business District.
B. The site plan shows two access points on Carolina Beach Road and one on Sanders Road.
C. Setbacks and buffer yards shall be met in accordance with zoning requirements..
D. The amended site plan shows a total of 180,000 square feet of retail, commercial and office
space, which is an additional 30,000 square feet.
E. The amended site plan shows a total of 84 residential units, which is an additlOna1 58
residential units.
F. There are two existmg natural ponds on the site that are regulated by the County
Conservation Overlay District. There is a third natural pond that does not meet the minimum
reqmrements for protection.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the third
general requirement listed in the Ordmance; namely that the use will not substantially injure the value
of adjoining or abutting property, or that the use IS a public neceSSIty. In support of this concluslOn,
the ComlTIlssioners make the following FINDINGS OF FACT:
A. The subject property is generally located at the intersectIOn of Sanders Road and Carolina
Beach Road.
B. The buffer strips shown on the site plan meet the minimum requirements of the ordinance.
There is an additional 30-foot buffer existing along the backside of the lots in the adjacent
Beau RIvage Subdivision.
C. No evidence presented shows that the proposed project wIll negatively affect adjoining
property values.
5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the fourth
general requirement listed. in the Ordinance; namely that the location and character of the use if
developed according to the plan as submitted and approved will be in harmony with the area in which
it is to be located and in general conformity with the plan of development for New Hanover county.
In support of this conclusion, the Commissioners make the following FINDINGS OF FACT:
A. The site is classified as Limited Transition on the New Hanover County Land Use Plan. The
purpose of the Transition Class is to provide for development in areas that will have some
services but at lower densities than those associated with urban transition. These areas were
previously designated as transition and were intended to provide for more intensive future
development. However, the provision of public services has been scaled back and less
intensive development is planned.
B. The adopted Thoroughfare plan shows the extension of Sanders Road to the northeast.
C. There is a significant amount of residential development proposed and underway in close
proximity.
6. Therefore, because the County Commissioners conclude that all of the general and specific conditions
precedent to the issuance of a SPECIAL USE PERMIT HA VB been satisfied, IT IS ORDERED that
the application for the issuance of a SPECIAL USE PERMIT BE GRANTED subject to the following
conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use, as well as any additIOnal conditions hereinafter stated.
B. If any of the conditions imposed by this special use permit shall be held invalid beyond the
authority of this Board of Commissioners by a court of competent jurisdiction, then this
permit shall become void and of no effect.
7. Other:
A.
B.
C.
D.
E.
F.
All other applicable federal, state and local laws.
The developer shall make all improvements to the Sanders Road intersection and Carolina
Beach Road as recommended by the Traffic Impact Analysis; driveways on Carolina Beach
Road should also be consolidated.
The buffers against Beau Rivage Subdivision shall meet the mmimum county standards and
include an 8-foot high opaque fence and 2 rows of Leyland Cypress.
To mamtain the two existing COD regulated Cypress Ponds, the site shall be engineered to
ensure that the water table remains at the existmg level.
Interior access should be provided to the Swartz properties.
Two ground signs are permitted on Carolina Beach road, one ground sign on Sanders Road
and all other out parcel signs shall be wall SIgns.
th f November 2005
. 7 day 0
Ordered thIS
Attest:
w~
b rt G Greer,
Ro e .
~~\~ '- S\~L\\-
Clerk to the Board
.5 u.,o "3. 3Q. j..
ADDENDUM
FOR SPECIAL USE ORDER
Case: Z-696, 3/00, 10/05 and further revised for CD (B-2)
The following Findings will be changed as noted. Any additional conditions adopted by
the Board of Commissioners will also be listed on the Order.
1. The County Commissioners FIND AS A FACT that all of the specific requirements set
forth in Section 72-27 of the County Zoning Ordmance WILL be satisfied if the property
is developed in accordance with the plans subrmtted to the County Commissioners.
2. It IS the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
first general requirement listed in the Ordinance; namely that the use will not materially
endanger .the public health or safety if located where proposed and developed according to
the plan as submitted and approved. In support of this conclusion, the Commissioners
make the following FINDINGS OF FACT:
A. The site has direct access to Carolina Beach Road.
B. The site is served by private septic and community water.
3. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
second general requirement listed in the Ordinance; namely that the use meets all reqUIred
conditions and specifications. In support of this conclusion, the Commissioners make the
following FINDINGS OF FACT:
A. A site plan shall meet all of the reqUIrements of the Ordmance.
B. Additional setbacks and buffering may be necessary if this entire petition is not successful.
4. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
third general requirement listed in the Ordinance; namely that the use will not
substantially injure the value of adjoining or abutting property, or that the use is a public
necessity. In support of this conclusion, the Commissioners make the following
FINDINGS OF FACT:
A. One parcel within the rezoning area has been zoned and used for light industrial purposes
since 1985.
B. A traffic Impact Analysis has been submitted and the recommended roadway
improvements have been incorporated into the plans.
C. Provided sufficient setbacks, landscaping and buffering are provided the surrounding
reSidential property should be protected from the development.
D. The proposed street stubs to adjacent properties may actually improve access to future
residential projects to the rear of the project.
5. It is the County Commissioners' CONCLUSION that the proposed use DOES satisfy the
fourth general requirement listed in the Ordinance; namely that the location and character
of the use If developed according to the plan as submitted and approved will be in
harmony with the area in which it is to be located and in general conformIty with the plan
of development for New Hanover County. In support of this conclusion, the
ComrmssIOners make the followmg FINDINGS OF FACT:
A. Th~ SIte is claSSified as developed by the New Hanover County land ClaSSIficatIOn Plan.
The purpose of the developed class is to provide for continued intensive development and
redevelopment of existing urban areas. These areas are already developed at a density
approaching 1,500 dwelling units per square mile. Urban services are already in place or
scheduled within the immediate future.
B. Although this CD (B-2) area is not directly adjacent to any other existing commercial zone
there are no other commercial uses and zonwg nearby.
6. Therefore, because the County Commissioners conclude that all of the general and specific
conditions precedent to the issuance of a SPECIAL USE PERMIT HA VE been satisfied, IT
IS ORDERED that the application for the issuance of a SPECIAL USE PERMIT BE
GRANTED subject to the following conditions:
A. That the applicant shall fully comply with all of the specific requirements stated in the
Ordinance for the proposed use, as well as any additional conditions hereinafter stated.
B. If any of the conditIOns imposed by this special use permit shall be held invalid beyond
the authority of this Board of Commissioners by a court of competent jurisdiction, then
this perrmt shall become void and of no effect.
C. That the applicant expands the self-storage facility by 15,200 sq ft.
D. Other:
1. All other applicable federal, state and local laws.
2. Provide a 20' buffer yard to the rear or western portion of the property.
3. Fencing around the storage buildings will be estate type fencing with brick columns.
4. Lighting for the facility will be unobtrusive down lighting.
5. The Uses for the front two buildings (labeled 6,372 sJ. and 3,192 s.f.) are limited to
the attached list of uses as presented.
Ordered this 7th day of November 2005.
Attest:
'lJJ;j.c6L.
Robert G. Greer, Chairman
~\U~ '-.~f~~'\\-
Clerk to the Board
PER1\1ITTED USES
Kennels (No Outside Runs)
Vetcrinaries
\Vholesalc Nurseries & Greenhouses
Sp"ecIal Trade 3rid General Co'ntractors with no Outside Storage
M in i- \Varehouses
Other Communication Facilities
Post Offices
\Vareh-ousing
\\'holesaling with no Outside Storage
Apparel & Accessory Store
Boat Healers
Building Materials & Garden~Supplies
Convenience Food Store
Drug Store
E:lting & Drinking Places
Farm Implement ~ales
Food Stores
Fruit & Vegetable Stand Produced on Same Parcel as Offered for Sale
Furniture, Home Fumishing & Equipment
Ceneral Merchandise Stores
HandcrRfting Small Articles
Hard ""are
Laudscaping Service
0[\1 iscellaneous Retnil
R.etail Nurseries
B3nks, Credit Agencies, Slivings & Loans
Business Seryices Including Printing
Equ\pm~nt Rental & Lensing
Personal Services
\Vatcl1, Clock, Jewelry Repair
CLl1lfches
Accessory Buildings or Uses, Clearly Incidentsl to the Permitted U~e or Building
(see Section 62)
Goyernment Offices & Buildings
Officcs fDr Private Busincss & 'Pr()fcssional Activities
Temporary Sign
jlMis2000 perrn.use
:suP3.39.3
COUNTY OF NEW HANOVER
STATE OF NORTH CAROLINA
ORDER GRANTING A SPECIAL USE PERMIT
For A Telecommunication Facility in a R-15
S-542, 11/05
The County Coml111ssioners for New Hanover County havmg held a public heanng on November 7,2005
to consIder applicatIOn number S-542 submItted by CelJco Partnership for a speCIal use perl111t to locate a
teJecommul1lcatlOns facIlity in a R-15 ResidentIal Dlstnct located at 6130 Caro1ma Beach Road and
havll1g heard all of the eVIdence and arguments presented at the hearing, make the followmg FINDINGS
OF FACT and draw the followmg CONCLUSIONS
1. The County Comrmssioners FIND AS A FACT that all of the specific reqUIrements set forth m
Section 72-27 of the County ZOl1lng Ordinance WJLL be satisfied If the property IS developed m
accordance WIth the plans sublllitted to the County Comlllissioners
2 It IS the County COl1ID1Jssioners' CONCLUSION that the proposed use DOES satIsfy the first general
requIrement listed 111 the Ordmance; namely that the use WIll not matenally endanger the public health
or safety If located where proposed and developed accordmg to the plan as subrmtted and approved.
In support of thIS conclusion, the CorrnmsslOners make the following FINDINGS OF FACT.
A. No water and sewer service WIll be needed by thiS commul1lcation facility
B. The subject property IS not located Within a 100-year flood area.
C. Access to the facIlIty will be from Caro1ma Beach Rd along a 20' gravel drive runl1lng
1I1slde a 30' access and utIlity easement.
D. The tower wIll be setback on the site approXImately 55' from the nearest property 1me.
E. The tower compound area (4,900 square feet) will be secured by a 6' hIgh cham lInked
fence topped With 3 strands of barbed wire at the top.
F. The fenced compound will be surrounded by'a 25' landscaped area.
3. It IS the County CommissIOners' CONCLUSION that the proposed use DOES satisfy the second
general requirement listed m the Ordmance; namely that the use meets all reqUIred conditions and
specIfications. In support of thIS conclUSIOn, the Commissioners make the following FINDINGS OF
FACT:
A. The tower SIte IS zoned R-15 ReSIdential. Telecommumcatlon faCIlItIes are permitted by
SpecIal Use Perrmt m reSIdentIal zonmg dlstncts.
B. The proposed tower WIll be 111 compliance With all FCC requirements
C. All towers, antenna or related structures 10catUIg UI reSIdentIal zonl1lg dIstncts shall be
located a dIstance equal to the heIght of the tower from any reSidentIal dwelling as
measured from the base of the tower
D. The proposed tower (130') wIll meet all setback reqUIrements. The nearest property lme
IS approXImately 55'.
E. The nearest reSIdentIal structure IS over 200' from the base of the tower.
F. The tower WIll be constructed to accommodate at least one addItIOnal provlde~
G. A 25' buffer will b~ proVided around the pen meter of the fenced compound
H. An affidaVit has been submItted by the applicant venfY1l1g the need for the placement of a
new tower faClhty.
4 It IS the County COmrTI1SSIOners' CONCLUSION that the proposed use DOES satisfy the thIrd
general reqUIrement lIsted 111 the Ordmance, namely that the use WIll not substantially Injure the value
of adjOInIng or abuttmg property, or that the use IS a pubhc necessIty In support of t111s conclusion,
the CommIssIoners make the followmg FlNDlNGS OF FACT
A. SImIlar type faclhtles eXIst In other commercial dlstncts 111 New Hanover County.
B. ExpanSIOn of wIreless telecommul1lcatIOn services can enhance emergency
commUnIcation dunng severe weather condItIOns
C. No eVIdence has been presented that thIs tower compound wIll decrease property values
or eXist as a health hazard to resIdents who hve nearby
5 It IS the County CommissIOners' CONCLUSION that the proposed use DOES satisfy the fourth
general reqUIrement listed 111 the OrdUlance; namely that the locatIOn and character of the use If
developed accordIng to the plan as submitted and approved wIll be 111 harmony WIth the area 111 which
It IS to be located and 111 general conformIty WIth the plan of development for New Hanover county
In support of this conclUSIOn, the Comrrussioners make the follOWIng FlNDlNGS OF FACT-
A. The 1999 Land Use Plan IdentIfies this area as Luruted TranSItIOn.
B. No County regulated conservatIOn or hlstonc resources have been IdentIfied on site
6 Therefore, because the County ComrrusslOners conclude that all of the general and specIfic conditIOns
precedent to the issuance of a SPECIAL USE PERMIT HAVE been satisfied, IT IS ORDERED that
the applicatIOn for the Issuance of a SPECIAL USE PERMIT BEGRANTED <;ubJect to the folJowmg
condItIOns'
A. That the applicant shall fully comply WIth all of the specific reqUIrements stated In the
Ord1l1ance for the proposed use, as well as any additIOnal condItIOns heremafter stated.
B. If any of the conditIOns imposed by this special use perlTIlt shall beheld invalid beyond
the authonty of thiS Board of ComlTIlssioners by a court of competent JurisdIctIOn, then
thIS perlTIlt shall become void and of no effect.
C. Other'
1) All other applicable federal, state and 10ca11aws.
Ordered thIS 7th day of November 2005
Attest:
1dJIJ~
Robert G Greer, Chairman
~\'~.h \._ ~(\~~
Clerk to the Board
"Ri:t :L t:t. 3/. t
STATE OF NORTH CAROLINA
COUNTY OF NEW HANOVER
BEFORE THE BOARD OF
CQ1[NTY COMMISSIQNERS
ill.THE MATTER OF NAMING
AN UNNAMED ROAD TO
SERENITY POINT
ORDINANCE
It appearing to the Board of County Commissioners of New Hanover County that
consideration has been given to the naming of Serenity Point located, off of Channel
Haven Dr N. and having a total approximate length of 273 feet and is a part of a
Declaration of Easement, Deed Book 4451, page 367, and along with exhibit A, in the
New Hanover County Registry. A public hearing was held on Monday; November 7,
2005. At which time, all persons were heard on the question of whether or not the
naming would be in the public interest; and it further appearing that notice of said hearing
was transmitted to all resident owners and prominently posted in at least two (2) locations
along said road; and published in the Star News local newspaper, and the Board of
County Commissioners is of the opinion that said road in New Hanover County should be
named and the naming of same is in the public interest, the description of whidl is
delineated on the attached map exhibit.
NOW, THEREFORE, IT IS ORDAINED AND DECREED that the above
described road is hereby named Serenity Point.
IT IS FURTHER ORDERED that a copy of this ordinance be recorded in the
office of the Register of Deeds of New Hanover County, North Carolina, and that notice
of the action taken by the Board of County Commissioners be transmitted to the
postmaster having jurisdiction over the road, the North Carolina Board of Transportation
and to any city within five (5) miles of said road in accordance with N.C. General Statues
153A-240.
Adopted this the 7h day of November 2005.
w~~
Robert G. Greer, Chairman
Attest:
~\t~Ck ~.~~\\
Clerk to Board
REBECCA P. SMITH
REGISTER OF DEEDS, NEW HANOVER
216 NORTH SECOND STREET
WilMINGTON, NC 28401
************************************************************************************************************************
Filed For Registration: 01/26/200611:56:53 AM
Book: RE 4970 Page: 1239-1242
Document No.: 2006004569
ORDIN 4 PGS $18.00
Recorder: NELSON, JACQUELINE
State of North Carolina, County of New Hanover
YELLOW PROBATE SHEET IS A VITAL PART OF YOUR RECORDED DOCUMENT.
PLEASE RETAIN WITH ORIGINAL DOCUMENT AND SUBMIT FOR RE-RECORDING.
*2006004569*
2006004569
I(, M-::L. '1. 3/. 5
AN ORDINANCE OF THE COUNTY OF NE\V HANOVER
AMENDING THE ZONING ORDINANCEOF NEW HANOVER COUNTY, NORTH
CAROLINA
ADOPTED October 1969, Updated August 2005
CASE: A-343, 11/05
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Zoning Ordinance of New Hanover County, North Carolina adopted October 1969,
updated August 2005 as amended is hereby further amended as follows:
53.5-2
(3) Building Setback and Separation: Buildings located on the periphery of the PD District shall
be setback a minimum of twenty (20) feet from the PD District boundary. All buildings shall be
setback at least ten (10) feet from all pedestrian and bicycle paths, twenty five (25) feet from all
~ and private streets, and fifty (50)-feet along US and NC numbered highways and major
thoroughfares. No building shall encroach upon the right-of-way of a proposed thoroughfare as
designated by the Wilmington Area Thoroughfare Plan. ill no case shall any part of a detached
single family dwelling unit be located closer than ten (10) feet to any part of any other det.ached
single family dwelling; and in no case shall any part of a multiple dwelling unit be located closer
than twenty (20) feet to any part of another dwelling unit, or non-residential buildings. (2/87) +fie
minimum side yard for a corner lot on interior streets shall not be less than 15 feet-fer-residemial
H-SeS and not less than 25 feet for non residential uses. (7/10/89)
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent
of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of public health, safety, morals and general
welfare of the inhabitants ofthe County of New Ranover, North Carolina, and shall
be in full force and effect from and after its adoption
Adopted the 7th day of November 2005.
Attest:
~U~ ~ ~~~~\\-
Clerk to the Board
~~
Robert G. Greer, Chairman