Loading...
2022-10-03 RM Exhibits Exhibit Book (UU ' Page 35 NEW HANOVER COUNTY BOARD OF COMMISSIONERS A RESOLUTION BY THE COUNTY OF NEW HANOVER APPROVING THE FUNDING ALLOCATIONS FOR THE FY 2023 WORKFORCE HOUSING SERVICES PROGRAM WHEREAS,the New Hanover County Board of Commissioners unanimously agreed to dedicate at least $15 million from the county's existing revenues over the next five years for programs and initiatives that increase and improve the stock of affordable homes in New Hanover County, and increase residents' access to affordable housing opportunities; and WHEREAS, the Planning and Land Use Department developed a framework for a Request for Proposals (RFP) for funding a Workforce Housing Services Program utilizing the $3 million allocated for affordable housing in the FY 2023 budget; and WHEREAS, the criteria and priorities were developed based on the findings of the Joint County/City Comprehensive Housing Study and Survey to create an immediate impact to New Hanover County residents; and WHEREAS, six proposals were received by August 8, 2022 for a total of $6.3 million in funding requests for the construction and/or rehabilitation of 289 units of workforce and affordable housing in New Hanover County; and WHEREAS, a cross-functional team of New Hanover County Staff and a sub-committee of the Workforce Housing Advisory Committee ranked East Carolina Community Development Inc and Terroir Development as the best-qualified proposals based upon scoring and priorities. NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners supports the allocation of funding to East Carolina Community Development Inc. and Terroir Development at an amount not to exceed $1,500,000 per project at an interest rate of up to 2% for up to 20 years. Furthermore, New Hanover County Board of Commissioners authorizes the County Manager and/or the County Attorney to take such measures as necessary to finalize the terms and conditions of the funding. ADOPTED this the 3rd day of October, 2022. NEW OVER �yN7 . Gp t Y 4, 0 o •'' J a Olson-Boseman, Chair � (r� a2 ATTES L G.excAreLL Af;ICYICV Ky berleigh . Crowell, Clerk to the Board 2 4 I� Exhibit AN ORDINANCE OF THE COUNTY OF NEW HANOVER Book YL t Paged ‘Oa AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 3, 2022 CASE TA22-02 • 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; WHEREAS,the County desires to amend the provisions in the Unified Development Ordinance to update the definition, permissions, and standards for Accessory Dwelling Units and to perform at consistency updates to identified provisions throughout the code; WHEREAS, the amendment will update the Unified Development Ordinance to amend Table 4.4.3 Accessory Use Table permitting accessory dwelling units in the RA, R-20, R-15, R-10, R-7, and PD zoning districts, update the development requirements for accessory dwelling units, and update and clarify the definition of accessory dwelling unit; WHEREAS, the County finds that this amendment is consistent with the purpose and intent of the 2016 Comprehensive Plan because it provides for a range of housing types, opportunities, and choices, and; WHEREAS, the County finds that approval of the amendment is reasonable and in the public interest because it provides diverse housing options for all residents while preserving community character. Additionally, the recommended updates to the standards will minimize the potential negative impacts of stormwater and parking issues, reduce the likelihood of loopholes and unintended negative impacts to these residential districts; 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. 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 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 January 3, 2023. z Section 4. The County Commissioners find, in accordance with the provisions of N.C.G.S § 160D- 605(a), that adoption of this amendment is consistent with the purpose and intent of the 2016 Comprehensive Plan because it aligns with the Plan's implementation guidelines that aim to support to provide affordable and/or flexible housing options without the need for significant Page 1 of 2 { infrastructure or further land development. However, in New Hanover County, additional provisions would be required in order to avoid unanticipated impacts to environmental health, stormwater, or other permits and to ensure compliance with fire codes and other regulations that are more rigorous for residential uses. ADOPTED this the 3rd day of October, 2022 EFFECTIVE the 3rd day of January, 2023 NEW HANOVER COUNTY G O O � . Julia Olson-Roseman, Chair • 1R1ISIif9 ' ATTEST: 1 Kym Crowell, Clerk to the Board 1 1 1cq a Page 2 of 2 1 1 TA22-02—ADUs Text Amendment Exhibit k Book XLM Page 35. 106 Section 2.3. Definitions and Terms: 1 I ACCESSORY DWELLING UNIT (ADU) An ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which has a separate egress/ingress independent from the principal dwelling, and which provides complete independent living facilities for one or more persons, and which includes provisions for living, sleeping, eating, cooking,and sanitation. It is located on the same parcel lot as the principal dwelling unit and is detached from the principal dwelling. Accessory dwelling units are also known as accessory apartments, ancillary units, secondary dwelling units, carriage homes, mother-in-law suites, and granny flats. All shall be considered as an ADU. 1 i 1 cp y ' ``� o 4 CERTIFICATE OF APPRO ' j O N A NEW HANOVE• r• :. -1'OF .• ''.� . ERS r r1tx a2 DA a— t-3• -7'ERSON `Ib Iy .FsrABLISHf� i 1 i i 1 i i 1 1 1 I 1 I 4 i 1 2-5 New Hanover County, NC I Unified Development Ordinance 1 t 3 1 TA22-02—ADUs Text Amendment 4 Section 4.4. Accessory Use and Structure Standards 4.4.1. PURPOSE 1 j This section authorizes the establishment of accessory uses and structures that are j customarily subordinate to principal uses, provided that the accessory use or j structure complies with all applicable standards in this section. 1 4.4.2. APPROVAL OF ACCESSORY USES AND STRUCTURES All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with this use, unless specifically prohibited in this ordinance. All accessory uses shall be subject to the standards in this section, as well as any applicable use-specific standards required for the associated principal use as set forth in this article. j 4.4.3. PERMISSIONS FOR SPECIFIED ACCESSORY USES AND STRUCTURES a i Table 4.4.3: Accessory Use Table, identifies which uses are permitted by right, permitted subject to approval of a special use permit, and prohibited in each zoning district. Permissions for the RFMU and EDZD districts are outlined in Article 3:Zoning Districts. The meanings of abbreviations in Table 4.4.3 are set forth in subsections A through C below. A. A "P" in a cell indicates the use is permitted by right in the zoning district. Permitted uses, except for exempt bona fide farm uses, are subject to all other applicable standards of this UDO. B. An "S" in a cell indicates that the use is allowed only if reviewed and approved as a special use in accordance with 10.3.5, Special Use Permit. Special uses are subject to all other applicable standards of this UDO. i C. A blank cell indicates that the use is not allowed in the respective zoning district. Table 4.4.3: Accessory Use Table Key: P = Permitted its; Righ'. S = Special Use Permit Required (Jinni (el, = not all• ,,ed x s as 3 F s �C i I a 4?• 5 k -SAS fr F 1-1 -'silo '1 a {F y .� a 1' 1_ $? ae r A'''' 2 .'. .tee,"' �c',a • r - t 'I i I '' ( 's 1 ,' ip 'Ia Accessory Dwelling Unit 'A, w '.4:v 11 d-i'x' -(, . c,'I A'.- I Accessory Use, Customary ffifikliav,,: `;�C �b' G ' ffi j' Dry Stack Boat Storage '17. , r '` k' ' , I'; Facility,at a Marina - '.-4, 4 ^ ' 'r " ! I . '" Electronic Gaming Operation " ' ; Electric Vehicle Charging ` �' °' P P P* F F 1 Station /11-76-2020] ,�`_, =a "4 ". »S;+_ # � .1I Farm Stand jl � IHome Occupation[11-16-2020] ,.'r 1 it I 1 i 4-62 New Hanover County, NC I Unified Development Ordinance I TA22-02—ADUs Text Amendment 4.4.4. STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES A. Accessory Dwelling Unit(ADU) Detached accessory dwelling units shall be allowed in districts where permitted by right, subject to the following standards ruts: 1. Only one accessory dwelling unit per lot adaFtment shall be permitted. ADUs are only permitted on a lot with a single family detached principal dwelling. by-Fight, 2. OneAreaff-street parking spaces shall be required for the accessory dwelling unit required. 3. In all districts excluding RA, the detached dwelling unit shall be accessed using the driveway that serves the principal dwelling unit and shall not be accessed by a separate driveway. 4. If the property is served by a water/sewer utility provider, proof of adequate water and sewer capacity from the appropriate provider (CFPUA,etc.)shall be provided if accessory units are not included in subdivision approvals. If the property is served by well or septic, the unit shall comply with all the well and septic standards of New Hanover County Environmental Health. 5. In the RMF and PD districts, accessory dwelling units apaftchehts shall only be allowed when constructed in connection with any single family detached dwelling development allowed within the district. 6. For conventional zoning districts the lot must meet minimum lot area requirements. , 7. In performance subdivisions, accessory dwelling units having up to one bedroom shall not be considered a dwelling unit for density requirements, otherwise and new accessory units may not increase density beyond the maximum allowed in the applicable zoning district. 8. The total gross floor area of an accessory dwelling unit shall not exceed 4;000 1,200 (BOC AMENDED 10-3-22) square feet. 1,200 square feet, 9. The side setbacks for the detached unit shall be no less than required for the principal structure and a minimum of five feet. 10. Rear setbacks for the detached unit shall be a minimum of five feet. 11. The detached accessory dwelling unit shall be located in the rear yard completely behind the plane of the front fear façade of the principal structure unless constructed over a detached garage. 12. In both conventional and performance subdivision developments, the accessory dwelling unit shall be located a minimum of ten (10) feet from any other structure, including other accessory structures. The—side 13. An existing accessory structure can be converted to an accessory dwelling unit, if it meets all non-dimensional standards listed in Section 4.4.4.A, even 4-64 New Hanover County, NC I Unified Development Ordinance TA22-02—ADUs Text Amendment if it does not comply with the built dimensions stated in Section 4.4.4.A. For this ordinance, existing accessory structure shall not apply to any structure built after the effective date of this amendment(Effective Date 01/03/2023). 14. Must comply with Article 9 of the UDO Floodplain Requirements. 15. Property owners must provide verification that the proposed accessory dwelling unit complies with the allocation of impervious surfaces allowed by the subdivision's state stormwater permit. 16. A drainage plan subject to approval by New Hanover County Engineering shall be required for any additions or new structures associated with the accessory dwelling unit. 17. Mobile homes, RVs,shipping containers, and manufactured homes shall not be permitted as accessory dwelling units. 1 d 1 r, 4-64 New Hanover County, NC I Unified Development Ordinance 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Public Approved Amendment—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. 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Public Approved Amendment—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. ti A 3 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Public Approved Amendment—Additions& Modernizations Section 5.5. Exterior Lighting 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. 1 $a 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 Non-Cut-off Cut-off Full Cut-off Not Allowed Not Allowed Allowed 33 3sc yy� 2y 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— , Board of Commissioners Approved Amendment—Clarifications Article 3: Zoning Districts Section 3.1 . General 3.1.3. SUPERSEDING DIMENSIONAL STANDARDS Dimensional standards for each zoning district are in tabular format in this article. Notes within each table provide additional details where necessary, and rules for measuring dimensional standards are in Section 2.1: Measurements. The dimensional standards in this article apply generally, but may be superseded by other standards in this Ordinance, including but not limited to the standards identified in this section. A. Use-Specific Standards Superseding dimensional standards are set forth for some uses in Article 4: Uses and Use-Specific Standards. B. Structural Appurtenances or Utility Structures The height limitations contained in the table of dimensional standards for each zoning district do not apply to antennas, water tanks, ventilators, chimneys, or other appurtenances, which are required to be placed above the roof level and not intended for human occupancy, or utility structures such as utility poles and water towers. C. Additional Standards in Certain Districts When Adjacent to Residential g Properties [11-16-2020][11-01-2021] D. Performance Residential I Performance Residential Developments are not subject to the minimum lot size, minimum lot width, and front, rear, and side setback requirements in the zoning district where they are located. Performance Residential Developments shall comply with the standards in this section and with all other applicable standards in this Ordinance. 1. Setbacks and Spacing Buildings on the periphery of a Performance Residential Development shall setback a minimum of 20 feet from the adjoining property line. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling types shall be spaced a minimum of 10 feet from each other. [11-16-2020] } I 1 1 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— ( Board of Commissioners Approved Amendment—Clarifications Section 3.3. Mixed Use Zoning Districts I 3.3.4. URBAN MIXED USE ZONING (UMXZ) D. District Dimensional Standards(l1-01-202Vj Standard All Uses Minimum district size(acres) 5* Setbacks t Minimum distance from single family 35 feet for buildings <_ 35 feet in height residential zoning districts 45 feet for buildings > 35 feet in height Maximum distance from any street(feet) 10** Maximum single family residential density (dwelling units/acre) 15 Maximum multi-family residential density 25 4 (dwelling units/acre) 1 Maximum vertically integrated mixed-use building density(dwelling units/acre) 36 Building height, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan * 5 acres shall be contiguous or separated only by an easement, right of way, or street. ** Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement where 1 an existing easement or significant natural feature exists. 3 i ( 1 1 1 1 I 1 1 s 1 1 i f / 5 1 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Clarifications 3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT[09-08-2020] D. District Dimensional and Density Standards [09-08-202O][11-01-20211 Standard Residential Uses Commercial Uses Industrial Uses Minimum district size, under common ownership or joint petition: 10 acres * Building setback from PD District 20 CB Setback I-1 Setback boundary(feet) Requirements Requirements Building setback from pedestrian 10 and bicycle paths (feet) Front setback(feet) Side setback, street(feet) Established in MPD Master Plan in accordance with Section Side setback, interior(feet) 3.3.3.A, MPD Master Plan Rear setback(feet) Density, maximum (du/acre) ** Intensity, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan Building height, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan * 10 acres shall be contiguous or separated only by an easement, right of way, or street. ** 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 established in the MPD Master Plan but shall not exceed 17 dwelling units per acre. E. Other District Standards 4. Building Separations Standards a. The project shall be designed so as to avoid encroachment into the path of any proposed transportation project included in the Wilmington MPO's Metropolitan Transportation Plan. b. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling types shall be spaced a minimum of 10 feet from each other. [11-16-2020] i 1 I 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— I Board of Commissioners Approved Amendment—Clarifications Section 3.4. Commercial and Industrial Districts i 3.4.6. OFFICE AND INSTITUTIONAL (O8,I) DISTRICT E. Other District Standards 1. Signs. . i lei 1 HI—Signs or a directional nature shall be permitted; however, each such sign shall not exceed 2 square feet in surface area (one side)with no lighting and shall be limited to 7 feet in height. I ) 2. Lighting. The source of any outdoor lighting in an O&I district shall be concealed so as not to be visible from any public street or any residential lot. 1 1 t 3.4.9. AIRPORT COMMERCE (AC) DISTRICT D. District Dimensional Standards 1 Standard All Uses t 1 Lot area, minimum (square feet) 43,560* 1 1 Lot width, minimum (feet) 150 2 Front setback(feet) 50 1 1 3 Side setback, street (feet) 50 i Side setback, interior ** t i, Rear setback ** ( Building height, maximum (feet) 35*** 1 Additional height allowance, maximum(feet) 50*** * Any property subdivided and recorded prior to June 1, 1981 may be less than the minimum lot area, provided such lots are located outside of an approach zone for Wilmington International Airport. Any such property located within an airport approach zone may be approved pursuant to a Special Use Permit issued in accordance with 1 10.3.5: Special Use Permit. **Determined in accordance with Section 3.1.3.C,Additional Standards in Certain Districts. ***Unless otherwise specified in Section 5.10, Airport Height Restrictions. Any proposed height above 35 ft will require that a 7460 be filed with the FAA and an FAA determination of no hazard." 1 1 1 t ( 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Clarifications Article 4: Uses and Use-Specific Standards Section 4.3. Standard for Specific Principal Uses 4.3.2. RESIDENTIAL USES A. Household Living 12. Senior Living: Independent Living Retirement Community Any independent living retirement community shall comply with the dwelling type standards applicable for the development or unit type. For example, if a multi-family structure is included in the development, the dwelling must comply with multi-family dwelling unit standards. FiF pt rI I i 1 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— i Board of Commissioners Approved Amendment—Clarifications 1 Article 5: General Development Standards 1 1 Section 5.3. Tree Retention I 5.3.4. TREE RETENTION STANDARDS B. The Planning Director may permit or require a reduction in required street yards, landscape islands, foundation plantings, setbacks, or other dimensional, parking, or landscaping standards for the purpose of retaining significant or specimen trees,1 including on single family lots otherwise exempt from these standards. 1 1 Section 5.6. Signs i 5.6.2. GENERAL PROVISIONS IJ. Signs Which Require a Permit i 4. Principal Use Signs a. Freestanding Signs . I i i y Table 5.6.2.J.4.a: Freestanding Sign Standards Zoning Number_ rest ' Front iiiaximuni `Mawnti m .MaxWu1 imutn I 1 District of Lanes Frontage Setback Primary Aux Sign Primary ' " Auxiliary (Feet)[1] (Mm./Max.) Sign; Height Sign Area Sign Area (Feet) [2][3] - eight (Feet) (Square (Square I (Feet) Feet) Feet) 2 N/A 10/20 20 10 12 25 I 0811 4 >100 10/20 20 N/A 75* N/A 1 'i B-1, PD, 2 N/A 10/20 20 10 50 25 CB [09-08- < 100 10/20 20 N/A 50 N/A 2020] 4 > 100 10/20 20 12 65 32 < 100 10/20 20 N/A 65 N/A B-2, CS, 1- 2 > 100 10/25 20 18 100 50 1, 1-2, AC, < 100 10/25 20 N/A 100 N/A SC [09-oa 20zo] 4 > 100 10/30 25 20 150 75 2o > 300 10/30 30 20 175 90 NOTES: [1] Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans approved as part of the current NC DOT Transportation Improvement Program. [2] Notwithstanding the minimum and maximum front setback requirements indicated above,primary freestanding signs which do not exceed six feet in height and are less than 76 percent of the maximum sign area established above, may be located within five feet of the front property line and shall have no maximum front setback. [3] Front Setback refers to the setback from the front or corner side property lines. I i 1 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— I Board of Commissioners Approved Amendment—Clarifications 1 1 *Signs area for properties located adjacent to minor or major arterials as identified on the officially adopted WMPO Functional Classification Map.Otherwise,the maximum area for 2-lane roadways shall apply. 1 1 I. i i I I 1 1 I 1 1 1 I 1 1 i 1 1 i 1 e i 1 b pgI i 1 E I I p� f 1 { 1 1 1 1 1 1 I 1 i 1 S 1 I 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Clarifications Article 10. Administrative Procedures Section 10.1. Advisory and Decision-Making Bodies 10.3.11. VARIANCE —ZONING AND SUBDIVISION A. Purpose The purpose of a variance is to allow certain deviations from specified standards of this Ordinance when the landowner demonstrates that, owing to special conditions beyond the landowner's control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), a literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. B. Applicability 1. The variance procedure in this section may be used to vary any of the following standards: a. General development standards and Sstandards for maximum height, maximum lot coverage, setbacks, minimum lot area, and minimum lot width for each zoning district in Article 3: Zoning Districts; b. Article 5: General Development Standards; and c. Article 6: Subdivision Design and Improvement. I {6 1 I i i 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment- Board of Commissioners Approved Amendment-Updates Article 2. Measurements and Definitions Section 2.3. Definitions and Terms FAMILY One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, e1-marriage, domestic partnership, or civil union, living together as a single housekeeping unit, no such family shall contain over three persons, but further provided that: A. ; The family 1 contains no more than three unrelated persons in addition to related householder members. aad B. A foster home as designated by the North Carolina Department of Social Services for the care of not more than five children less than 18 years of age shall be considered as family. C. Any child less than eighteen years of age living with parent(s) or a legal guardian is not to be counted as a person in the calculations. 1 I 1 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates Article 4: Uses and Use-Specific Standards Section 4.3. Standard for Specific Principal Uses 4.3.2. RESIDENTIAL USES B. Group Living 1. Group Home (11-16-2020] Group homes shall comply with the following standards: a. Group homes shall be limited to eight cix disabled persons with disabilities, living together as a self-supporting and self-sufficient household unit. b. No group home shall be occupied or operated without zoning approval. 1. Group homes that are exempt from licensure pursuant to NCGS §122C-22 must recertify their exemption status annually; and 2. Group homes for special needs persons must recertify qualification of all residents as special needs persons annually. c. Group homes shall not be located closer than 2,000 feet to any other existing group home, measured by a straight line from the nearest property lines, irrespective of jurisdictional boundaries. The distance shall be reduced by the right-of-way of a major thoroughfare exceeding 100 feet, major topographical features such as a major watercourse, or by major nonresidential or public uses such as a park, school, or religious institution. d. Reasonable accommodations shall be provided in accordance with Section 10.3.13 Reasonable Accommodation. ji 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates Article 5. General Development Standards Section 5.3. Tree Retention 5.3.3. TREE INVENTORY 1 Regulated trees existing on a site at the time of development application shall be inventoried by a cover type survey conducted by point sampling, fixed plot sampling, field survey or other method approved by the Planning Director. Areas that will not be disturbed shall be delineated as such and do not require inventorying individual trees. 5.3.5. TREE REMOVAL PERMITS A. Unless a waiver, exemption, or exception applies in accordance with Section 5.3.1, Applicability or Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, no person, directly or indirectly, shall remove any regulated tree identified in Section 5.3.4, Tree Retention Standards, from public or private property without first obtaining a tree removal permit in accordance with Section 10.3.9, Tree Removal Permit. B. Unless a waiver, exemption, or exception applies in accordance with Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, a tree removal permit authorizing removal is required before any clearing, grading, or other authorizations may be issued, including building permits. The portion of the tree removal permit approving the required mitigation plan shall not be required until after construction plan approval. The removal of any specimen tree is prohibited on any parcel unless exempt according to Section 10.3.11, Variance — Zoning and Subdivision. If a specimen tree is removed without a permit, the penalty for this violation shall be twice the mitigation fee. 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. approved no later than at time of construction plan approval. 1 1 1 1 1 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates Article 10. Administrative Procedures Section 10.3. Application-Specific Procedures 10.3.3. CONDITIONAL ZONING C. Conditional Zoning Procedure 7. Post-Decision Limitations and Actions The post-decision limitations and actions in Section 10.2.10, Post-decision Limitations and Actions, apply, in addition to subsections a through c below. b. Minor Deviations [05-03-2021 j 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 in a change in the permitted uses or density, specified conditions of approval, or 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 complies with the setbacks of the corresponding base zoning, and does not decrease the setbacks agreed to and by more than 10 percent from what was originally approved; 2. Modifications in the configuration of the building(s), structure(s), or site plan; 3. Increases to the square footage of a particular use category (e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally PP a roved, whichever is less, provided all other applicable standards of this Ordinance are met; 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent from what was originally approved; and 8. Modifications of internal circulation patterns not impacting public safety. f I �I r; I ( 2022-10-03- Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates 10.3.4 MASTER PLANNED DEVELOPMENT C. Master Planned Development Procedure 8. Post-Decision Limitations and Actions b. Minor Deviations 105-03-20211 Subsequent applications for development within a master planned development district may include 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, specified conditions of approval, or a 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 from what originally approved; 2. Modifications in the configuration of the building(s), structure(s), or site plan; 3. Increases to the square footage of a particular use category (e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally approved, whichever is less, provided all other applicable standards of this Ordinance are met; 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent from what was originally approved; and 8. Modifications of internal circulation patterns not impacting public safety. 10.3.5. SPECIAL USE PERMIT C. Special Use Permit Procedure 7. Post-Decision Limitations and Actions b. Minor Deviations [05-03-2021i 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates 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, specified conditions of approval, or 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 complies with the setbacks of the corresponding base zoning, and does not decrease the setbacks agreed to and by more than 10 percent from what was originally approved; 2. Modifications in the configuration of the building(s), structure(s), or site plan; 3. Increases to building or structure size and height the square footage of a particular use category(e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally approved, whichever is less, fi provided all other applicable standards of this Ordinance are met; 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent from what was originally approved; and 8. Modifications of internal circulation patterns not impacting public safety. *fa^II^'�'i„ Tg: 2. A change of design for, or an increase in the hazards to pedestrian and lines exceeding ten percent 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates } 10.3.9. TREE REMOVAL PERMIT A. Purpose The purpose of this section is to provide a uniform mechanism for ensuring all development complies with the standards in Section 5.3.4, Tree Retention Standards. B. Applicability 1. General a. Unless a waiver, exemption, or exception applies in accordance with subsection 2 below, no person, directly or indirectly, shall remove any regulated tree identified in Section 5.3.4, Tree Retention Standards, from public or private property without first obtaining a tree removal permit in accordance with this section. b. Unless a waiver, exemption, or exception applies in accordance with subsection 2 below, tree removal permit authorizing approval is required before any clearing, grading, or other authorizations are issued under this Ordinance, including erosion and sedimentation control permits (see Article 8: Erosion and Sedimentation Control) and building permits. The portion of the tree removal permit approving the required mitigation plan shall not be required until after construction plan approval. c. An approved tree removal permit for new construction shall apply to the entire site. Exhibit AN ORDINANCE OF THE COUNTY OF NEW HANOVER Book x - Page •i 1Q AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 3, 2022 CASE TA22-03 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; WHEREAS,the County desires to amend the provisions in the Unified Development Ordinance to modernize, clarify, and update various identified provisions throughout the code; WHEREAS,the amendment will update the Unified Development Ordinance to include standards regarding height and cut-offs for light fixtures on non-residential and multi-family sites adjacent to single family neighborhoods; extend current limits on inoperative vehicles to inoperative boats; specify the extent building appurtenances can encroach into a setback; clarify provisions regarding Office & Institutional sign standards, specimen tree standards applicability, zoning district height maximums applicability, Senior Living: Independent Living Retirement Communities use-specific standards, variance eligibility, Airport Commerce district height restrictions, minimum acreage requirements for Planned Development and Urban Mixed Use zoning districts, and performance residential building separation requirements; modify minor deviation authorities; codify development review process timing for tree removal permit related- landscaping plans and lighting designs; increase the number of residents with disabilities allowed in group homes; and modify the definition of family; WHEREAS, the County finds that this amendment is consistent with the purpose and intent of the 2016 Comprehensive Plan because it provides up-to-date zoning tools that promote business success, provide for a range of housing opportunities, and support a mixture of uses; and WHEREAS, the County finds that approval of the amendment is reasonable and in the public interest because it provides for clear and effective ordinance standards; 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. 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 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 its adoption. I I Page 1 of 2 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 Comprehensive Plan because it provides up-to-date zoning tools that promote business success, provide for a range of housing opportunities, and support a mixture of uses, and that approval of the amendment is reasonable and in the public interest because it provides clear and effective fi ordinance standards. ADOPTED this the 3rd day of October, 2022 NEW HANOVER COUNTY cpuN u i 3 ' Julia Olson-Roseman, Chair z • e ATTEST: F��SFifDt"rtl• 0A41/1•6te m Crowell, Clerk to the Board r I E �I { I i I f i Page 2 of 2 i Exhibit U11 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment- Book Page 35. 1 b Board of Commissioners Public Approved Amendment-Additions & Modernizations Article 2. Measurements and Definitions Section 2.1. Measurements ENCROACHMENTS j 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 x ti A. ARCHITECTURAL FEATURES Building features, such as but not limited to, balconies, bay windows, cantilevers, i 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 1 code requirements. B. MECHANICAL EQUIPMENT Mechanical equipment, such as but not limited to, heating and air conditioning equipment, it 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 1 long as fire, building, and manufacturer's requirements are met. i 1 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 1 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. 1 SETBACK The minimum distance a building or structure must be separated from the lot lines. Setbacks I 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. f Private driveways or easements serving t dtrrz,• -r lots in accordance with Section 5.2.2.3 • I • may also be permitted in any setback. + op "^��N,,,,,, F CERTIFIC F APPR , ���� New HANovER OF IONERs ti . ,.. k DATE CHAIRPERSON x ,r, r ,,,,1Bt 15 Ht.)�' • 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Public Approved Amendment—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. i I ( 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Public Approved Amendment—Additions & Modernizations Section 5.5. Exterior Lighting a 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. 4 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 ) Non-Cut-off Cut-off Full Cut-off • 111111 Not Allowed Not Allowed Allowed 3 5 2 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Clarifications Article 3. Zoning Districts Section 3.1 . General 3.1.3. SUPERSEDING DIMENSIONAL STANDARDS Dimensional standards for each zoning district are in tabular format in this article. Notes within each table provide additional details where necessary, and rules for measuring dimensional standards are in Section 2.1: Measurements. The dimensional standards in this article apply generally, but may be superseded by other standards in this Ordinance, including but not limited to the standards identified in this section. A. Use-Specific Standards Superseding dimensional standards are set forth for some uses in Article 4: Uses and Use-Specific Standards. B. Structural Appurtenances or Utility Structures The height limitations contained in the table of dimensional standards for each zoning district do not apply to antennas, water tanks, ventilators, chimneys, or other appurtenances, which are required to be placed above the roof level and not intended for human occupancy, or utility structures such as utility poles and water towers. C. Additional Standards in Certain Districts When Adjacent to Residential Properties [11-16-2020J[11-01-2021] D. Performance Residential Performance Residential Developments are not subject to the minimum lot size, minimum lot width, and front, rear, and side setback requirements in the zoning district where they are located. Performance Residential Developments shall comply with the standards in this section and with all other applicable standards in this Ordinance. tl 1. Setbacks and Spacing Buildings on the periphery of a Performance Residential Development shall setback a minimum of 20 feet from the adjoining property line. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling types shall be spaced a minimum of 10 feet from each other. [11-16-2020] � I II i 1 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Clarifications i Section 3.3. Mixed Use Zoning Districts 3.3.4. URBAN MIXED USE ZONING (UMXZ) ( D. District Dimensional Standards i11-01-2021) I Standard All Uses 1 Minimum district size (acres) 5* Setbacks Minimum distance from single family 35 feet for buildings 5. 35 feet in height residential zoning districts 45 feet for buildings > 35 feet in height , 4 Maximum distance from any street(feet) 10** e I Maximum single family residential density (dwelling units/acre) 15 i Maximum multi-family residential density (dwelling units/acre) 25 Maximum vertically integrated mixed-use 36 building density (dwelling units/acre) Building height, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan i * 5 acres shall be contiguous or separated only by an easement, right of way, or street. i ** Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement where i an existing easement or significant natural feature exists. l x w 4 I gg` t S pS I 9 1 1' }3 l gi 3 F s I 1 I s , t Y 1 I i i 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Clarifications 3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT (09-08-2020) D. District Dimensional and Density Standards[09-08-2020][11-01-2021) Standard Residential Uses Commercial Uses Industrial Uses Minimum district size, under common ownership or joint petition: 10 acres * Building setback from PD District CB Setback I-1 Setback boundary(feet) 20 Requirements Requirements Building setback from pedestrian 10 and bicycle paths (feet) Front setback(feet) Side setback, street(feet) Established in MPD Master Plan in accordance with Section Side setback, interior(feet) 3.3.3.A, MPD Master Plan Rear setback(feet) Density, maximum (du/acre) ** Established in MPD Master Plan in accordance with Section Intensity, maximum 3.3.3.A, MPD Master Plan Building height, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan * 10 acres shall be contiguous or separated only by an easement, right of way, or street. ** 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 established in the MPD Master Plan but shall not exceed 17 dwelling units per acre. E. Other District Standards 4. Building Separations Standards a. The project shall be designed so as to avoid encroachment into the path of any proposed transportation project included in the Wilmington MPO's Metropolitan Transportation Plan. b. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling types shall be spaced a minimum of 10 feet from each other. [11-16-2020j { G I i I 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Clarifications Section 3.4. Commercial and Industrial Districts 3.4.6. OFFICE AND INSTITUTIONAL (O&1) DISTRICT E. Other District Standards 1. Signs. ' let: ill—Signs or a directional nature shall be permitted; however, each such sign shall not exceed 2 square feet in surface area (one side)with no lighting and shall be limited to 7 feet in height. 2. Lighting. The source of any outdoor lighting in an O&I district shall be concealed so as not to be visible from any public street or any residential lot. 3.4.9. AIRPORT COMMERCE (AC) DISTRICT D. District Dimensional Standards Standard All Uses Lot area, minimum (square feet) 43,560* 1 Lot width, minimum (feet) 150 2 Front setback(feet) 50 3 Side setback, street(feet) 50 Side setback, interior ** Rear setback ** Building height, maximum (feet) 35*** Additional height allowance, maximum(feet) 50*** * Any property subdivided and recorded prior to June 1, 1981 may be less than the minimum lot area, provided such lots are located outside of an approach zone for Wilmington International Airport. Any such property located within an airport approach zone may be approved pursuant to a Special Use Permit issued in accordance with 10.3.5: Special Use Permit. **Determined in accordance with Section 3.1.3.C,Additional Standards in Certain Districts. ***Unless otherwise specified in Section 5.10, Airport Height Restrictions. Any proposed height above 35 ft will require FAA approval that a 7460 be filed with the FAA and an FAA determination of"no hazard." a 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Clarifications Article 4: Uses and Use-Specific Standards Section 4.3. Standard for Specific Principal Uses 4.3.2. RESIDENTIAL USES A. Household Living 12. Senior Living:Independent Living Retirement Community Any independent living retirement community shall comply with the dwelling type standards applicable for the development or unit type. For example, if a multi-family structure is included in the development, the dwelling must comply with multi-family dwelling unit standards. ) ( ( ( { yp( 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Clarifications Article 5. General Development Standards Section 5.3. Tree Retention 5.3.4. TREE RETENTION STANDARDS B. The Planning Director may permit or require a reduction in required street yards, landscape islands, foundation plantings, setbacks, or other dimensional, parking, or landscaping standards for the purpose of retaining significant or specimen trees,: including on single family lots otherwise exempt from these standards. Section 5.6. Signs 5.6.2. GENERAL PROVISIONS J. Signs Which Require a Permit 4. Principal Use Signs a. Freestanding Signs Table 5.6 2 J.4 a Freestanding Sign Standards Zoning Number ''Street Front Maximum Maximum Maximum Maximum District of Lanes Frontage Setback Primary Aux Sign Primary Auxiliary (Feet)[1] (Min/Max.) Sign Height Sign Area Sign.Are a (Feet) [2][3] Height (Feet) (Square (Square (Feet) Feet) Feet) 2 N/A 10/20 20 10 12 25 08d 4 >100 10/20 20 N/A 75* N/A B-1, PD, 2 N/A 10/20 20 10 50 25 CB [09-08- < 100 10/20 20 N/A 50 N/A 2020] 4 > 100 10/20 20 12 65 32 < 100 10/20 20 N/A 65 N/A B-2, CS, 1- 2 > 100 10/25 20 18 100 50 1, 1-2, AC, < 100 10/25 20 N/A 100 N/A SC [09-08- 2020] 4 > 100 10/30 25 20 150 75 > 300 10/30 30 20 175 90 NOTES: [1] Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans approved as part of the current NC DOT Transportation Improvement Program. [2] Notwithstanding the minimum and maximum front setback requirements indicated above,primary freestanding signs which do not exceed six feet in height and are less than 76 percent of the maximum sign area established above, may be located within five feet of the front property line and shall have no maximum front setback. [3] Front Setback refers to the setback from the front or corner side property lines. 1 1 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Clarifications *Signs area for properties located adjacent to minor or major arterials as identified on the officially adopted WMPO Functional Classification Map.Otherwise,the maximum area for 2-lane roadways shall apply. 1. Primary. One primary freestanding sign per premises, in accordance with Table 5.6.2.J.4.a: Freestanding Sign Standards. ( ( qa4 k{� jiq]q] 64 it iSt 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Clarifications Article 10. Administrative Procedures Section 10.1. Advisory and Decision-Making Bodies 10.3.11. VARIANCE —ZONING AND SUBDIVISION A. Purpose The purpose of a variance is to allow certain deviations from specified standards of this Ordinance when the landowner demonstrates that, owing to special conditions beyond the landowner's control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), a literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. B. Applicability 1. The variance procedure in this section may be used to vary any of the following standards: a. General development standards and Sstandards for maximum height, maximum lot coverage, setbacks, minimum lot area, and minimum lot width for each zoning district in Article 3: Zoning Districts; b. Article 5: General Development Standards; and c. Article 6: Subdivision Design and Improvement. ` I 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates Article 2. Measurements and Definitions Section 2.3. Definitions and Terms FAMILY One or more persons occupying a single dwelling unit, provided that unless all members are related by blood, adoption, ec-marriage, domestic partnership, or civil union, living together as a single housekeeping unit, no such family shall contain over three persons, but further provided that: A. The family contains no more than three unrelated persons in addition to related householder members. and B. A foster home as designated by the North Carolina Department of Social Services for the care of not more than five children less than 18 years of age shall be considered as family. C. Any child less than eighteen years of age living with parent(s) or a legal guardian is not to be counted as a person in the calculations. g5 aC N III } { 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates Article 4: Uses and Use-Specific Standards Section 4.3. Standard for Specific Principal Uses 4.3.2. RESIDENTIAL USES B. Group Living 1. Group Home [11-16-2020] Group homes shall comply with the following standards: a. Group homes shall be limited to eight cix disabled persons with disabilities, living together as a self-supporting and self-sufficient household unit. b. No group home shall be occupied or operated without zoning approval. 1. Group homes that are exempt from licensure pursuant to NCGS §122C-22 must recertify their exemption status annually; and 2. Group homes for special needs persons must recertify qualification of all residents as special needs persons annually. c. Group homes shall not be located closer than 2,000 feet to any other existing group home, measured by a straight line from the nearest property lines, irrespective of jurisdictional boundaries. The distance shall be reduced by the right-of-way of a major thoroughfare exceeding 100 feet, major topographical features such as a major watercourse, or by major nonresidential or public uses such as a park, school, or religious institution. d. Reasonable accommodations shall be provided in accordance with Section 10.3.13 Reasonable Accommodation. { 4 1 1 I 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates 1 Article 5. General Development Standards 1 Section 5.3. Tree Retention 5.3.3. TREE INVENTORY i I Regulated trees existing on a site at the time of development application shall be inventoried by a cover type survey conducted by point sampling, fixed plot sampling, field survey or other method approved by the Planning Director. Areas that will not be disturbed shall be delineated as such and do not require inventorying individual trees. 5.3.5. TREE REMOVAL PERMITS 1 A. Unless a waiver, exemption, or exception applies in accordance with Section 5.3.1, Applicability or Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, no person, directly or indirectly, shall remove any regulated tree identified in Section 5.3.4, Tree Retention Standards, from public or private property without first obtaining a tree removal permit in accordance with Section 10.3.9, Tree Removal Permit. B. Unless a waiver, exemption, or exception applies in accordance with Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, a tree removal permit authorizing removal is required before any clearing, grading, or other authorizations may be issued, including building permits. The portion of the tree removal permit approving the required mitigation plan shall not be required until after construction plan approval. The removal of any specimen tree is prohibited on any parcel unless exempt according to Section 10.3.11, Variance — Zoning and Subdivision. If a specimen tree is removed without a permit, the penalty for this violation shall be twice the mitigation fee. 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. approved no later than at time of construction plan approval. ' approval. 3 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates Article 10. Administrative Procedures Section 10.3. Application-Specific Procedures 10.3.3. CONDITIONAL ZONING C. Conditional Zoning Procedure 7. Post-Decision Limitations and Actions The post-decision limitations and actions in Section 10.2.10, Post-decision Limitations and Actions,apply, in addition to subsections a through c below. b. Minor Deviations 105-03-2021 J 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 in a change in the permitted uses or density, specified conditions of approval, or 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 complies with the setbacks of the corresponding base zoning, and does not decrease the setbacks agreed to and by more than 10 percent from what was originally approved; 2. Modifications in the configuration of the building(s), structure(s), or site plan; 3. Increases to the square footage of a particular use category (e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally approved, whichever is less, provided all other applicable standards of this Ordinance are met; 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent from what was originally approved; and 8. Modifications of internal circulation patterns not impacting public safety. 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates 10.3.4 MASTER PLANNED DEVELOPMENT C. Master Planned Development Procedure 8. Post-Decision Limitations and Actions e. Minor Deviations [05-03-2021] Subsequent applications for development within a master planned development district may include 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, specified conditions of approval, or 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 from what originally approved; 2. Modifications in the configuration of the building(s), structure(s), or site plan; 3. Increases to the square footage of a particular use category (e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally approved, whichever is less, provided all other applicable standards of this Ordinance are met; 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent from what was originally approved; and 8. Modifications of internal circulation patterns not impacting public safety. 10.3.5. SPECIAL USE PERMIT C. Special Use Permit Procedure 7. Post-Decision Limitations and Actions b. Minor Deviations [05-03-2021] 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates 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, specified conditions of approval, or 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 complies with the setbacks of the corresponding base zoning, and does not decrease the setbacks agreed to and by more than 10 percent from what was originally approved; 2. Modifications in the configuration of the building(s), structure(s), or site plan; 3. Increases to the square footage of a particular use category(e.g. residential, commercial) not to exceed 10 percent from what was originally approved provided all other applicable standards of this Ordinance are met; 4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was originally approved, whichever is less, provided all other applicable standards of this Ordinance are met; 5. Modifications to structure floor plans; 6. Modifications to the driveway locations not exceeding 10 percent of the length of the subject property line, or as required by the North Carolina Department of Transportation; 7. Modifications to the proportion of housing type not to exceed 10 percent from what was originally approved; and 8. Modifications of internal circulation patterns not impacting public safety. following ; 7 /` ehan �- of deS n for or n increase in t hazards to nodestrian and z:rti— � {� 'v1��+err�rrvrcv'�v—rrr 3. A modification in the originally approved setbacks from roads or property 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment— Board of Commissioners Approved Amendment—Updates 10.3.9. TREE REMOVAL PERMIT A. Purpose The purpose of this section is to provide a uniform mechanism for ensuring all development complies with the standards in Section 5.3.4, Tree Retention Standards. B. Applicability 1. General a. Unless a waiver, exemption, or exception applies in accordance with subsection 2 below, no person, directly or indirectly, shall remove any regulated tree identified in Section 5.3.4, Tree Retention Standards, from public or private property without first obtaining a tree removal permit in accordance with this section. b. Unless a waiver, exemption, or exception applies in accordance with subsection 2 below, tree removal permit authorizing approval is required before any clearing, grading, or other authorizations are issued under this Ordinance, including erosion and sedimentation control permits (see Article 8: Erosion and Sedimentation Control) and building permits. The portion of the free removal permit approving the required mitigation plan shall not be required until after construction plan approval. c. An approved tree removal permit for new construction shall apply to the entire site.