HomeMy WebLinkAbout2022 Maintenance Amendment -Additions & Modernizations Summary Packet Unified Development Ordinance (UDO) Maintenance Amendment –
Additions & Modernizations
Code Sections Affected
Section 2.1,
Measurements
Section 3.2.3,
Residential District
Specific Standards
Section 5.3.7,
Mitigation
Section 5.4.6,
Street Yard
Standards
Section 5.5,
Exterior Lighting
Key Intent
Add provisions to modernize standards and ensure ordinance can address new
development trends
Changes
• Standards regarding fixture height and cut-offs added for light fixtures on
non-residential and multi-family sites adjacent to single family
neighborhoods to reduce potential impacts. (See Section 5.5, Exterior
Lighting)
• Extension of current limits on inoperative motor vehicles on residential lots
to inoperative boats, limiting more than one inoperative boat on a property
unless within an enclosed structure. (See Section 3.2.3, Residential
District Specific Standards)
• Specifications provided for the extent building appurtenances, such as
HVAC systems and cantilevers, can encroach into a setback. (See Section
2.1, Measurements)
• Tree mitigation requirements for projects in the Hwy 421 industrial corridor
removed to support ongoing investment, though specimen tree protections
landscaping and buffering requirements would still apply. In addition,
supplementary street yard landscaping requirements to enhance the
corridor would also be required. Note: At the August 4, 2022 Planning Board
meeting, staff was requested to look into a potential amendment that would
alleviate development challenges in this area related to existing tree retention
standards. (Section 5.3.7, Mitigation and Section 5.4.6, Street Yard
Standards)
Provisions updated per September 1, 2022 Planning Board public hearing recommendations are shown
in bold blue text or crossed out red, italics.
2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners
Public Hearing Draft – Additions & Modernizations
Article 2: Measurements and Definitions
Section 2.1. Measurements
ENCROACHMENTS
Certain building features, mechanical equipment and other landscape features are allowed to
encroach upon the front, side and rear setbacks and into the periphery setback for lots within
performance residential subdivisions. Encroachments into access easements are prohibited.
All encroachments are subject to the standards found in Article 9: Flood Damage Prevention,
but the definition included there is for the purpose of that article only.
A. ARCHITECTURAL FEATURES
Building features, such as but not limited to, balconies, bay windows, cantilevers,
chimneys, cornices, eaves, fire escapes, and sills, may encroach 4 feet into a required
setback but no closer than 3 feet from any property line and must meet all fire and building
code requirements.
B. MECHANICAL EQUIPMENT
Mechanical equipment, such as but not limited to, heating and air conditioning equipment,
backup power generator, electrical fuse box and meter, or natural gas meter may
encroach 5 feet into a required setback but no closer than 3 feet from any property line so
long as fire, building, and manufacturer’s requirements are met.
C. ACCESSIBILITY FEATURES
1. Stairs and exterior elevators may encroach 2 feet into a required setback but no closer
than 3 feet to the property line.
2. Americans with Disabilities Act-required accessibility features or temporary
accessibility ramps may encroach into a required setback as necessary to meet
building code requirements but must be a minimum of 3 feet from the property line.
SETBACK
The minimum distance a building or structure must be separated from the lot lines. Setbacks
are specified as front, side, and rear; are located within the corresponding front, side, and rear
yards; and establish the minimum required front, side, and rear yards.
Setbacks shall not be occupied or obstructed by a structure or portion of a structure, unless
otherwise allowed by another provision of this Ordinance.
Setbacks shall be measured from the structure. If a roof overhang extends more than two feet
from the structure, the setback shall be measured from the drip line of the roof. Cantilevers
shall be considered part of the roof overhang if the combined distance of the cantilever and
roof overhang do not extend more than 2 feet.
Fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture
may be permitted in any setback subject to height limitations and requirements limiting
obstruction of visibility.
Private driveways or easements serving three or fewer lots in accordance with Section 5.2.2.3
may also be permitted in any setback.
2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners
Public Hearing Draft – Additions & Modernizations
Minimum setback distances for overhead canopies shall be determined by measuring a
straight line distance from the nearest point of the required reference boundary (i.e., street
right-of-way, zoning district line, or property line) to the point on the ground surface which is
perpendicular to the closest edge of the canopy overhang. Setback distances from street
rights-of-way may be reduced by one half.
A. SETBACK, FRONT
The depth of a front setback shall be measured at right angles to a straight line joining
the foremost points of the side lot lines, and in such a manner that the front yard
established shall provide minimum depth parallel to the front lot line.
B. SETBACK, SIDE
The width of a side setback shall be measured in such a manner that the side yard
established is a strip of the minimum width required by the district regulations with its
inner edge parallel with the side lot line.
C. SETBACK, REAR
The depth of a rear setback shall be measured in such a manner that the rear yard
established is a strip of the minimum width required by district regulations with its inner
edge parallel with the rear lot line.
D. SETBACK LINE
The line on the front, rear, and sides of a lot, which delineates the area upon which a
structure may be built and maintained.
Article 3: Zoning Districts
Section 3.2. Residential Zoning Districts
3.2.3. RESIDENTIAL DISTRICT SPECIFIC STANDARDS
A. Storage of Inoperative Motor Vehicles and Boats
a. It shall be unlawful for any person to store, keep, or maintain more than
one inoperative motor vehicle in any residential district.
b. It shall be unlawful for any person to store, keep, or maintain more than
one visiblly inoperative, wrecked, or dismantled boat outside of an
enclosed accessory structure in any residential district.
2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners
Public Hearing Draft – Additions & Modernizations
Article 5: General Development Standards
Section 5.3. Tree Retention
5.3.7. MITIGATION
A. When Significant Trees are authorized for removal by a tree removal permit or
Specimen Trees are authorized for removal by a variance, they shall be replaced at
a rate of 2.0 times the caliper inches at DBH removed, except as provided in
subsections D and E below and Section 5.3.8, Optional Incentives for Retaining
Trees.
B. Each replacement tree shall be a minimum of 2-inch caliper size at time of planting.
C. Replacement trees should reflect the type (e.g., hardwood, flowering, evergreen,
deciduous, canopy, understory, etc.) of tree being removed to the maximum extent
practicable based on the compatibility of the species with proposed buildings and
infrastructure, existing environmental conditions, and diversity of tree species.
D. If the Planning Director determines it is infeasible for a portion or all of the
replacement tree(s) to be accommodated on the site, the Planning Director may
direct that an in-lieu fee be paid to the County’s Tree Improvement Fund. The
mitigation fee as set forth in the County’s fee schedule shall be charged for every
inch at DBH of Significant Tree removed and two times every inch at DBH of
Specimen Tree removed.
E. Properties zoned I-2 located along the Hwy 421 corridor between the Isabel Holmes
Bridge to the south, the Pender County line to the north, the Cape Fear River to the
west, and the Northeast Cape Fear River to the east shall not be required to mitigate
removed Significant trees or Specimen trees. These sites shall still be required to
meet all requirements of Section 5.4, Landscaping and Buffering or pay an in-lieu fee
as described in D above if the Planning Director determines that required trees cannot
be accommodated on the site.
F. Significant Trees and Specimen Trees that are removed by spading and planted
elsewhere on the site are exempt from mitigation. Significant Trees and Specimen
Trees that are removed by spading and accepted by the County for planting on
property at a location designated by the County Manager are exempt from mitigation.
Any tree that has been transplanted for the purpose of this section and becomes
diseased or dies within three years of transplanting shall be replanted by the party
requesting the exemption with a tree of the same species and size or mitigated
pursuant to this article.
2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners
Public Hearing Draft – Additions & Modernizations
Section 5.4. Landscaping and Buffering
5.4.6. STREET YARD STANDARDS
A. Street yard landscaping is required for new construction of principal structures,
expansions to existing structures, and changes of use whenever additional off-street
parking is required, excluding the following uses:
1. General Agricultural and Forestry Uses;
2. Residential development unless built to the commercial building code:
3. Private Residential Boating Facilities;
4. Cemeteries;
5. Park and Recreation Areas with no structures or parking areas; and
6. Utility lines.
B. Street yard area shall be required in accordance with the specifications outlined in
Table 5.4.6.B, Street Yard Area Standards. The applicant may install the street yard
in any configuration that provides the required amount of street yard square footage
between the property line and any site improvements and that conforms with required
street yard minimum and maximum widths. Street yards may be located within any
required setback.
2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners
Public Hearing Draft – Additions & Modernizations
C. For every 600 square feet of street yard area on average, the following landscaping
shall be provided:
1. One canopy/shade tree or if overhead power lines are located above the street
yard, three (3) understory trees; and
2. Six shrubs, 12 inches in height at time of planting.
D. For properties with frontage on Hwy 421 between the Isabel Homes Bridge to
the south and the Pender County line to the north, in addition to the
landscaping required by subsection C above, the property owner shall provide,
within the first 10 feet of land adjacent to and parallel to the right-of-way, one
deciduous or evergreen tree native to the Hwy 421 area, as included in the
“Tree and Plant Materials for Landscaping” manual, a minimum of three inches
caliper in size at time of planting, planted along every 40 feet of road frontage
2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners
Public Hearing Draft – Additions & Modernizations
on average. Plantings may be moved outside this area if it is determined that
overhead power lines would interfere with the trees’ natural growth.
E. Street yard landscaping shall be required along all street frontages. For sites with
two or more street frontages, only the primary street frontage shall be required to
contain the full amount of street yard as determined in Table 5.4.6.B: Street Yard
Area Standards. Secondary street frontages are required to contain 50 percent of
the required street yard area.
F. If there are existing trees of a minimum two inches DBH in the proposed street yard,
the Planning Director may grant credit for those trees toward meeting tree
preservation requirements. In addition, the Planning Director may require the saving
of any regulated tree in the street yard area.
G. On a case-by-case basis, the Planning Director may approve alternate planting
materials or substitutions to street yard planting requirements where requirements
would not be practical due to existing vegetation or other unique conditions. Such
substitutions shall be determined to be in keeping with the purpose and intent of this
section.
H. For all lots of record two acres or less in size, if the Planning Director determines that
the essential site improvements cannot be accommodated under these requirements,
then the required street yard area may be reduced by one-half, but in no case shall it
be reduced less than one-half.
I. Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or
fences, and transit amenities shall be permitted within the street yard; however,
parking areas shall not be permitted.
Section 5.5. Exterior Lighting
5.5.3. TIME OF REVIEW
Information about the exterior lighting for the site that demonstrates compliance with the
standards in this section shall be submitted in conjunction with an application for site plan approval
(Section 10.3.6, Site Plan) or zoning compliance approval (Section 10.3.8, Zoning Compliance
Approval), whichever comes first.
An administrative waiver for this requirement to allow submittal of the lighting plan no later than
the time of construction plan approval may be granted by the Planning Director, provided the
application is accompanied by a letter from the utility provider or lighting designer explaining why
the lighting plan cannot be submitted at the time of site plan approval or zoning compliance
approval.
5.5.4. GENERAL STANDARDS
B. Maximum Height
The height of exterior light fixtures for nonresidential, multi-family, and mixed-use
developments adjacent to single family residential subdivisions shall not exceed
25 feet, whether mounted on poles, walls, or by other means.
2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners
Public Hearing Draft – Additions & Modernizations
C. Fixture Cut-Offs
All exterior luminaries, including security lighting, for nonresidential, multi-family,
and mixed-use developments adjacent to single family residential subdivisions
shall be full cut-off fixtures that are directed downward (see Figure 5.5.4.C: Full
Cut-off Fixtures). In no case shall lighting be directed at or above a horizontal
plane through the lighting fixture.
Figure 5.5.4.C: Full Cut-off Fixtures
2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners
Public Hearing Draft – Additions & Modernizations