The URL can be used to link to this page

Home My WebLink About2022-10-03 RM ExhibitsNew Hanover County Monthly Collection Report for August 2022 Current Year 2022-2023 � Real Estate Personal Property Motor Vehicles Scroll/Billed $ 182,897,314.57 $ 12,457,412.01 $ 2,383,666.70 $ Abatements $ (32,977.76) $ (26,162.58) $ $ Adjustments $ 29,623.29 $ 806.84 $ Total Taxes Charged $ 182,893,96010 12,432,056.27 $ 2,383,666.70 Collections to Date $ 14,401,694.38 1,640,131.54 $ 2,383,666.70 $ *Refunds $ 7,233.72 $ 96.33 $ - $ Write-off $ (104) $ $ Outstanding Balance 168,499,500.48 $ 10,792,021.06 Collection Percentage --7.87 13.19 i00.00 YTD Interest Collected $ 1,284.30 20,643.40 Total 2022-2023 Collections YTD so Prior Years 2012-2021 Real Estate Personal Property Motor Vehicles Scroll $ 1,532,709.38 4,696,018.59 $ 242,477.60 $ Abatements (47,493.23) $ (102,754.62) $ - $ Adjustments $ 3,048.32 $ - $ Total Levy 1,485,216.15 4,596,312.29 242,477.60 Collections to Date 162,382.82 114,778.10 $ 136.42 *Refunds 21,356.00 965.49 $ - $ Write-off $ - $ - $ Outstanding BalanZet$ 1,34-4,7189.33--$---4,482,-499.6i"—$--Y42,3-41.Yg--$ 189 YTD Interest Collected $ $ 1; 9 19,843.95 $ 31,248.40 $ 192.24 $ Book( (LAII Page -35J cL Combined 197,738,393.28 (59,140.34) 30,430.13_ 197,709,683.07 18,425,492.62 7,330.05 179,291,521.54 77 9 32 = 0 21,927 18,440,090.27 Combined 6,471,205.57 (150,247.85) 6,324,006.04 277,297.34 22,321.49 6,069,030.19 51,284.59 New Hanover County my Debt Service Monthly Collection Report for August 2022 F. urr nt N� a 2 22ro2 23 Reap Estat P rsonW Property Motor �AehWes 5croH/IC3ppp a3 � .... _. �.3,3 2.,2 7,5.5 $ 9 5 ,3 4,54 .... a.. . , . 235,25,-. 27 _.. Abatements ents $ (2,503.16) $ (1,985.83) $ - $ Adjustments nts $ 2.,248,55 $ 61.,24 $ - $ ft 0 Tax; r 13,3 2.,0 194 354 4�a3. 5 " 23" ,2!3`3.2m7 Cofle2.dons to Date $ 1,05,922.59 17.4,42296 $ 235,253,27 $ *Refunds $ - $ - $ Write-off $ $ O,02. $ Outstanding IBalance $ 12,802,09035 $ 830,036.97 $ - $ oHectpora Percentage 7.85 13.04.rib rm'trst �Otm9 .. $ 16u4.43 $ $ 7,t.73„55 $ ook Exhibit LL I page . t:.2nmburn 23 _ _ �.5„ , „5 5,36 _ 2,309,75 ..,_._........,,., 1.5,081,72615 1,445,59&82 4A.,'02 1.3, 032,11.27.332 9.61 Prior Years 2 2-2021 Reai Estate P rs2 nai Property Motor Ve3 Wes (:brrubbed 52uroli $ 367,453,51 $ - $ 526,201,92 b t rnents $ (4,921,24) $ (8,727.75) $ (113,54&99 Adjustments _o_t., $ _ - _"153, $ _—._»_3_5, 335n,3634 $ 5yyy 8g 8 t.ry 27o1"7 $ ,04 ^,pp gy�3pp@1p aaHectio nsto teats 17,532„13. 1 $ 14,120004 $ $ 31, 52.15 *Refunds $ 1,433..A5 $ _$ $ 1,�x33, 75 p rfte-off µ,*; Outstanding din IBalance $ rvnmaaunwwarvawmualma 137,725.8.5 mi $ iwmx-$---- 344, 2L60 $ - $ 482,650.45 Interest 3Collected$ 2n p.�t�„93� $ 4,��.33.. 5 $ - 6,148,07 Total Prior year Collections YTD $ 36,355,43 r nraa3 t p p aull�u. tuaarus ft $ 1,498,303.26 Detoik d information for Refunds card be faxun d in the Tbx Of fi2a: Exhibit 00 M I - �C�, New Harsover County n Fire, District Monthly Coflection Report for August 2022 E-U—;Ir�",U R12022 202 ReM Estate _�. Personaa Pu°�sfroerty -m___.,, ..__..__., Motor Vehicles Combined Scroll/Mk __ ____ $ _ ._ 1.,7�57,2. 2.��,. � 9RfD, 7 .R�. �90,5��ro.05 12,938,121.25 AIh a,teirnents $ (275.29) $ (2,7 9.58) $ (,024S7) AdjUstmtints �� .-.m... �.,...� -�;y� ,522.91 $ 41.64 ._ �..............�,.._pg..p^,�^�6p^4..8�q �.. .�.._q.®..��wpp.6g�� _��_pp._g. $ ._..._.. 4,554.55 .mow....+. TotalTeas Clhi �_....—,-",11,77]., 70u0 977,&AU.7�.d�7 �90y 5.0. �.B. NxY;;� 12, 3�,yy 6�^ ggqq �;�gg^^.yy,,_ �2, 9:J�9yN�5�.Y.:�7.:F Colnections to lDate 23,667.72. $ 128,630.96 $ 190,51E.0,.B 1,242,814u71 *Refunds $ - $ - $ - Write. sff $ - $ 0,0 $ 0.05 n uuwmnwm Outstanding Balance $ m 10,8 7,802.31 $ i 849,03188 $ $ 11,696,836A9 7lie t o7 erce tag 7.85 .,�......._...�.n.-.,.-. .,��.,.. 13.16 .,_ _. 100.00 .... v 9.60 .� ...._...ww�„,wm.w..�w.� _.�..�. Q f°ID ; C ,...—.www® �.,�'2�7 �.s 1 Total 2022-2023 Collections 'O 1,24 ,627,40 odor 7 - 2021 .-.,,,__.w.-...�www....wwwawww. _,..,._ .._....,��....�. .._.......__.......�.............___ .�....,_._.... .___�...,._ Real Estate Personal Prolpeiity Motor V V° Des Cornb4ied Scroll $ Z( 00 247,903.54 $ 4,85617 355,50531 Abatements (179.95) $ (5,483.25) $ (5„66120) Adjustments Total Lem, $ 1.00,566M $ 242,420.29 $ 14,856.27 $ 357,842,6 Collections to Date $ 9,753,16 $ 1,067.25 12.20 $ 1.O,832,.61. *Refunds $ 139.57 $ - $ - $ 13937 Write-off $ $ $ $ - .. Outstanding Balance $ 90,952n46 $ 241,353,04 1. ,R 4o-07 $ 347,149.57 O hriterest Collected 5 1,20 „24 $ 189.48 $ 13.81 $ 1,407.53 Total Prior Year Collections YTD $ 12,2 0.1 Detailed informationfor Refunds nds can be f6und in the Tax Office NEW HANOVER COU to the Board Dat PI*L Exhibit kt1 age 3 ck AGENDA: October 3, 2022 Boo NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2023 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2023. Section l: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: Federal Forfeited Property Department: Sheriff's Office Prior to Total if Actions Actions Toda Taken Departmental Budget (FFP) $ -_, 308,485 403,359_ Section 2: Explanation BA 23-023 budgets Federal Forfeited property receipts dated 9/20/22 and 9/21/22. Funds will be used for supplies and equipment for law enforcement purposes only. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 23-023 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 3rd day of October, 2022. (SEAL) Rlle Z . s -Bc w man, Chair 100 AT3§T: r KjLn erleigh G. Cro 1, Clerk to the Board Exhibit AGENDA: October 3, 2022 Book '-' °4 t t .,Page '�-0°b NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2023 BUDGET BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2023. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Sheriffs Office Prior to Actions Total if Actions y _ Toda Taken Departmental Budget L $ b? 051,84] $ 67,251,19 Section 2: Explanation BA 23-025 budgets grant funds received from the Department of Homeland Security, Federal Emergency Management, 2022 Port Security Grant Program (PSGP). The PSGP is used to fund equipment for enforcement activity related to the Port of Wilmington and the waterways surrounding New Hanover County, strengthening maritime safety and security through the purchase of equipment for the Dive Team, Emergency Response Team, Civil Disturbance Team and K9 Team. Local match required is $66,538, which is currently budgeted in the Sheriffs Office budget and will be transferred to the grant line items. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 23-025 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 3rd day of October, 2022. (SEAL) Chair ATTEST: l erleig G. Crowell, ' -rk to the Board Exhibit • /A: October 3, 2022 :t1 t• COUNTYNEW HANOVER BOARD OF COMMISSIONERS ORDINANCEAN BE IT ORDAINED by the Board of County Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2023. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: District Attorney Prior to Total if Actions Actions Toda Taken Departmental Budget [K-IR 33 229 Appropriated Fund Balance $ 6�355 $ EEE4�3i2�2ii Section 2: Explanation BA 23-030 increases the salary for the Assistant District Attorney designated to collaborate with local, state, and federal law enforcement agencies in identifying gang -related crimes and to prosecute such criminal offenses in an effort to expedite the disposition of these cases. Salary adjustments from the state prompt this increase. Funding for this increase will come from fund balance. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 23-030 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 3rd day of October, 2022. (SEAL) NEW HANOVER COUNTY BOARD OF COMMISSIONERS Exhibi Book U t li Page DOMESTIC VIOLENCE AWARENESS MONTH PROCLAMATION WHEREAS, domestic violence transcends all ethnic, racial, gender, and socioeconomic boundaries, weakening the very core of our community; and WHEREAS, the effects of domestic violence are far-reaching and may have lifetime implications for families, the criminal justice system, and the community; and WHEREAS, Domestic Violence Shelter and Services, Inc. provides emergency crisis intervention and ongoing support and services in New Hanover County for victims and survivors of domestic abuse; and WHEREAS, 1,168 adults and 117 children received direct services such as court accompaniment, advocacy, empowerment groups and counseling; including 128 adults and 110 children who received emergency shelter through Domestic Violence Shelter and Services, Inc. in the year 2021; and WHEREAS, on September 4, 2002, Gladys Bryant, an employee of New Hanover County for more than two decades, and on August 6, 2008, Tarica Pulliam, an employee of New Hanover County far two years, lost their lives in acts of domestic violence exhibiting to all their coworkers and friends, the prevalence of domestic violence and its consequences; and WHEREAS, many other persons throughout New Hanover County and the United States find themselves in abusive relationships and need to find a safe and empowering environment; and WHEREAS, this year's theme Capturing Hope serves as a call to action to citizens of New Hanover County to encourage, support, and empower one another to live lives free from violence. NOW, THEREFORE, BE IT PROCLAIMED, that the New Hanover County Board of Commissioners refuses to tolerate domestic violence in any form and wishes to create a society that promotes strong values, fosters a safe and loving home environment for every family, and encourages citizens to enhance their efforts to work together to address the problem of domestic violence. BE IT FURTHER PROCLAIMED by the New Hanover County Board of Commissioners that October 2022 be recognized as "Domestic Violence Awareness Month" in New Hanover County. ADOPTED this the 3 d day of October, 2022. ATTEST: 47 Ky erleigh G. well, Clerk to the Board Exhibit look XIL-M Page�-4.1 ILI I V,71 I., T-.1015417i 4,14101110 k CA WHEREAS, Indigenous Peoples' Day was first proposed in 1977 by a delegation of Native Nations to the International Conference on Discrimination Against Indigenous Populations in the Americas; and WHEREAS, a growing number of American cities have recognized the second Monday of October as "Indigenous Peoples' Day," reimaging Columbus Day as an opportunityto celebrate indigenous resiliency; and WHEREAS, New Hannover County recognizes the historical importance of the Indigenous Peoples' lands that later became known as the Americas, including the lands which became known as North Carolina; and WHEREAS, the state of North Carolina recognizes the fact that New Hanover County is built upon lands first inhabited by the Indigenous Peoples of this region; and , WHEREAS, New Hanover County values the many contributions made to this community through Indigenous Peoples' knowledge, stewardship of these lands, labor, technology, science, philosophy, arts, and the deep cultural contribution that has substantially shaped the character of New Hanover County. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that the second Monday of October, October 10, 2022, will be recognized as "Indigenous Peoples' Day" in New Hanover County. Public institutions, businesses, and organizations are strongly encouraged to recognize and support Indigenous Peoples' Day; reaffirming the county's commitment to demonstrating appreciation of North Carolina's first peoples. ADOPTED this the 3r1 day of October, 2022. NEW HAN, )Vfit-CQUNTY iL :.0 oe L6d'o s e m a n, Chair 9111, ATTEST: K berleigh G. ell, Clerk to the Board Exhibi NEW HANOVER COUNTY BOARD OF COMMISSIONERS l3ooN.,__U.,.,__AA_ Page 35.6 NATIONAL BREAST CANCER AWARENESS MONTH PROCLAMATION WHEREAS, it is estimated that more than 11,723 women in North Carolina will be diagnosed with breast cancer in 2022; of these 11,723 women, 1,472 will die from the disease, and approximately 258 of the diagnosed cases will be in New Hanover County; and WHEREAS, 1 in 8 North Carolina women are at risk for developing breast cancer within their lifetime; and WHEREAS, breast cancer is the second most common form of cancer, and the second leading cause of cancer death for women in the United States; and WHEREAS, with routine mammogram screening and follow-up testing, the disease can be detected early and treated more effectively; and WHEREAS, being aware of the available health information, education, treatment, and support available can help individuals receive appropriate care and access resources to improve their quality of life; and WHEREAS, community organizations, local health departments, churches and job sites can play a key role in educating the public, members, or employees about breast cancer; and WHEREAS, October is designated as "National Breast Cancer Awareness Month;" and WHEREAS, the pink ribbon is the internationally recognized symbol of breast cancer awareness; and WHEREAS, New Hanover County encourages people to recognize that breast cancer is treatable, and that routine screening and early detection can save lives. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2022 will be recognized as "National Breast Cancer Awareness Month" in New Hanover County. Citizens are encouraged to wear pink ribbons in recognition of breast cancer and in honor of women who are courageously fighting the battle with breast cancer. The board further encourages women to consult with their health care providers about regular screenings and to promote early detection of breast cancer by having regular clinical breast examinations, getting regular mammograms, and practicing a monthly breast self-examination. ADOPTED this the 3 rd day of October, 2022. NEW HANOVER CO4 TY/ ulia Q )9'din-Bo,96ni�an, Chair ATTEST: Ky4re�rie`igh G. Cr ell, Clerk to the Board ooExhibi�_LA" Page Bk NEW HANOVER COUNTY BOARD OF COMMISSIONERS NATIONAL SUBSTANCE ABUSE AWARENESS MONTH PROCLAMATION WHEREAS, prevention and recovery from substance use disorder is possible through sound prevention, education, intervention, and quality treatment; and WHEREAS, the 2020 National Survey on Drug Use and Health reported approximately 12.73 percent of North Carolina residents over the age of 12 had a substance use,clisorder in the past year; and WHEREAS, in 2021 the rate of overdose deaths in New Hanover County was 38.4 per 100,000 residents; and WHEREAS, an estimated 19.8 percent of the adult population (age 18 and older) in North Carolina had a mental illness in the past year; and WHEREAS, in 2020 the rate of suicide deaths in New Hanover County was 15.3 per 100,000 residents; and WHEREAS, symptoms of mental illness can be masked or exacerbated by substance use, both sharing common factors and risks, that should be assessed and treated together when possible; and WHEREAS, risk for developing substance use is elevated for individuals who have had a high number of traumatic or challenging experiences in childhood, therefore needing increased access to prevention, education, intervention, and treatment; and WHEREAS, the development of substance use and mental disorders are serious public health concerns that evidence -based prevention can prevent and reduce, and quality treatment can heal; and WHEREAS, educating family, friends, and the community about how substance use disorder affects all residents in New Hanover County, is essential to combat misconceptions and build effective grassroots and professional services solutions. NOW, THEREFORE, BE IT PROCLAIMED by the New Hanover County Board of Commissioners that October 2022 will be recognized as "National Substance Abuse Awareness Month" in New Hanover County. Residents are invited to reflect and raise awareness on the role substance use disorder plays in community health. New Hanover County commends and urges residents and community organizations to join in this observance. ADOPTED this the 31 day of October, 2022. d r Zvi 71 MIT CA Exhibi Book L111 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 J a Olson -Roseman, Chair ATTES : &4—u� G. (' Ky berleigh . Crowell, Clerk to the Board Exhibit Book )W l k page • ± Exhibit G CAPITAL PROJECT ORDINANCE NEW HANOVER COUNTY PURCHASE AND RENOVATION OF BUILDING LOCATED AT 319 N. THIRD ST BE IT ORDAINED, by the Board of Commissioners of New Hanover County: 1. New Hanover County (County) plans to acquire and renovate a building located at 319 N. Third St., Wilmington, North Carolina to be utilized by Cape Fear Community College (College) to expand the College's nursing and allied health programs. After repayment of associated debt arising from this transaction, the property is expected to be deeded to the College. The purchase price of the building is $11,875,000. The cost of renovations is preliminarily estimated at $14,800,000, which are expected to take place in phases through 2027. 2. County desires to authorize and budget for said project in a project ordinance adopted pursuant to North Carolina General Statute Section 159-13.2, such ordinance to authorize all appropriations necessary for the completion of said project. 3. County desires to initially authorize and budget only the acquisition cost of the building of $11,875,000. Once the renovation costs have been more fully developed, it is expected that the capital project amount will be updated. 4. The County desires to expend its own funds for the purpose of paying certain costs of the project, for which expenditures the County reasonably expects to reimburse itself from the proceeds of debt to be incurred by the County. S. This declaration of official intent is made pursuant to Section 1.150-2 of the Treasury Regulations to expressly declare the official intent of the County to reimburse itself from the proceeds of debt to be hereinafter incurred by the County for certain expenditures paid by the County on or after the date which is sixty (60) days prior to the date hereof. NOW, THEREFORE, WITNESSETH THAT: 1. This project ordinance is adopted pursuant to North Carolina General Statute Section 159-13.2. 2. The project undertaken pursuant to this ordinance is the purchase and renovation of the building located at 319 N. Third Street, Wilmington, NC to be utilized by the College to expand the College's nursing and allied health programs, which project is herewith authorized. 3. The revenue that will initially finance said project is: Installment Loan Proceeds $ 11,875,000 Total $ 11,875,000 4. The following initial appropriation necessary for the project are herewith made from the revenue listed above: Capital Project Expense $ 11,875,000 Total $ 11.875.000 5. This project ordinance shall be entered in the minutes of the Board of Commissioners of New Hanover County. Within five days hereof, copies of this ordinance shall be filed with the finance and budget offices in New Hanover County, and with the Clerk to the Board of Commissioners of New Hanover County. Adopted this 3rd day of October 2022. r F K berleigh G. Cry ell Clerk to the Board of Commissioners Exhibit, Page'. AGENDA: October 3, 2022 NEW HANOVER COUNTY BOARD OF COMMISSIONERS AN ORDINANCE AMENDING THE FISCAL YEAR 2023 BUDGET BE IT ORDAINED by the Board of County* Commissioners of New Hanover County, North Carolina, that the following Budget Amendment(s) be made to the annual budget ordinance for the fiscal year ending June 30, 2023. Section 1: Details of Budget Amendment Strategic Focus Area: Superior Public Health & Safety Strategic Objective(s): Sustain the community capacity to prepare for and respond to public safety demands Fund: General Department: Economic Development Prior to Actions Toda Economic Development Budget 2 304 652 Appropriated Fund Balance J.$_"2324542293 Total if Actions Taken _E 2F449152 2E ::I_ 3599 $ 23599293 Section 2: Explanation BA 23-026 appropriates economic development expenditures in the amount of $145,000 to Wilmington Business Development to undertake a master study plan for a future business park on Holly Shelter Road located in New Hanover County to expand the tax base and create jobs. Section 3: Documentation of Adoption This ordinance shall be effective upon its adoption. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of New Hanover County, North Carolina, that the Ordinance for Budget Amendment(s) 23-026 amending the annual budget ordinance for the fiscal year ending June 30, 2023, is adopted. Adopted, this 3rd day of October, 2022. (SEAL) K e4ig'�0&64rowd".lerk to the Board ° AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 3, 2022 CASE TA22-02 Qoo�kltYU11 Page35•IOa 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 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; 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. 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 JulidOlson-Boseman, Chair ATTEST: Kym Crowell, Clerk to the Board Page 2 of 2 TA22-02 — ADUs Text Amendment Exhibit Book Wkk page M-10b Section 2.3. Definitions and Terms: 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. CERTIFICATE OF APPRO 9MMits NEW K7gX E001- ERSON 2-5 New Hanover County, NC i Unified Development Ordinance TA22-02 — ADUs Text Amendment Section 4.4. Accessory Use and Structure Standards 4.4.1. PURPOSE This section authorizes the establishment of accessory uses and structures that are customarily subordinate to principal uses, provided that the accessory use or structure complies with all applicable standards in this section. 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. 4.4.3. PERMISSIONS FOR SPECIFIED ACCESSORY USES AND STRUCTURES 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 forthe 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. C. A blank cell indicates that the use is not allowed in the respective zoning district. 4-62 New Hanover County, NC I Unified Development Ordinance 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 felts: Only one accessory dwelling unit per lot apaFtment shall be permitted. ADUs are only permitted on a lot with a single family detached principal dwelling. by Fight. 2. Oneoff-street parking spaces shall be required for the accessory dwelling unit eked. 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 RM F and PD districts, accessory dwelling units apwtmeRts 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. , the subjest let must exAped thin squwe feet, WhiAGh ev er i Ss I AB FG FG. 7. In performance subdivisions, accessory dwelling units having up to one bedroom shall not be considered a dwelling unit for density requirements, otherwise aftd 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-OW 1, 200 (BOC AMENDED 10-3-22) 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 fagade 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 0110312023). 14. Must comply with Article 9 of the UDO Floodplain Requirements. 15. Property owners must provide verification that the proposed accessary 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. 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: Zonina 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. 2022-10-03 - 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. 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 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment - Board of Commissioners Approved Amendment - Clarifications Article 3: Zonina 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 [11-16-2020][11-01-20211 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. 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. i11-16-20201 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Approved Amendment — Clarifications Section 3.3. Mixed Use Zoning Districts 3.3.4. URBAN MIXED USE ZONING (UMXZ) D. District Dimensional $tandard$ [11-01-2021] Standard I All Uses Minimum district size (acres) 1 5* Setbacks 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 (dwelling units/acre 25 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 an existing easement or significant natural feature exists. 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Approved Amendment — Clarifications 3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT 109-08-20201 D. District Dimensional and Density Standards 109=08-2020)[11-0i-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--7 CB Setback 1-1 Setback bounds feet Re uirements Requirements Building setback from pedestrian and bicycle paths feet 10 Front setback (feet) Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan Side setback, street (feet) Side setback, interior (feet) 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. [11-16-20201 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 (0&1) DISTRICT E. Other District Standards 1. Signs. ................... - E-- rME 4—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 0&1 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 that a 7460 be filed with the FAA and an FAA determination of no hazard. " 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. 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 - .. . Zoning Number` reef Front IVlaximhrri Nlexitm : MxI exirtiun District of Lanes Frontage Setback Primary Aux. ' Sign Primary Auxliliary 0ee4j [1] (Min./Max.) Sign Helight Sign Area 'Sign 1 Area (Feet) [2] [3] #leight (Feet) (Square (Square (Feet) Feet) Feet) 2 N/A 10120 20 10 12 25 ON 4 >100 10120 20 N/A 75* N/A B-1, PD, 2 N/A 10/20 20 10 50 25 CB (09-08- < 100 10120 20 N/A 50 N/A 20201 4 > 100 10120 20 12 65 32 < 100 10120 20 N/A 65 N/A 8-2, CS, I- 2 > 100 10/25 20 18 100 50 1, 1-2, AC, < 100 10/25 20 N/A 100 N/A SC (09-oa 20zol 2o 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. 12] 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. 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-tone roadways shalt apply. 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. 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, of -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. 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. 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 six -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. 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Approved Amendment — Updates Article 5: General DevelODment Standards Section 5.3. Tree Retention 5.3.3. TREE INVENTORY Regulated trees existing on a site at the time of development application that aFe FeclHiFed to be 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 10.3.9.13.2, 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 10.3.9.6.2, 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. 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] 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 buildiR9 OF 6tFUGtWFe 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, 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 b. Minor Deviations [05-03-20211 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 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 buildiRg 9F 6tFUGtUFe 6oze 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, 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 aPA 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 aad by more than 10 percent from what was originally approved; Z Modifications in the configuration of the building(s), structure(s), or site plan; 3. Increases to building OF StFUGtUFe size and heigN 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 10.3.9. 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. AN ORDINANCE OF THE COUNTY OF NEW HANOVER AMENDING THE UNIFIED DEVELOPMENT ORDINANCE OF NEW HANOVER COUNTY, NORTH CAROLINA ADOPTED OCTOBER 3, 2022 CASE TA22-03 Exhi!3it Book XU11 Page's �Q 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. 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 ordinance standards. ADOPTED this the 3rd day of October, 2022 NEW HANOVER CO Julia Olson-Boseman, Chair ATTEST: m Crowell, Clerk to the Board Page 2 of 2 Exhibi 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment — Book Page 3L�L- 11h 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 servi may also be permitted in any setback s in accordance with Section 5.2.2.3 CERTIFIC F APPR NEW HWVER OF D ERS DATE CHAIRPERSON 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: Zoninq 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. 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment - Board of Commissioners Public Approved Amendment - Additions & Modernizations 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. 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 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Approved Amendment — Clarifications Article 3: Zoninq 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 [11-16-2020][11-01-20211 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. 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. 111-16-20201 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Approved Amendment — Clarifications Section 3.3. Mixed Use Zoning Districts 3.3.4. URBAN MIXED USE ZONING (UMXZ) D. District Dimensional Standards [11-01-2021] Standard I All Uses Minimum district size (acres Setbacks 5* 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 (dwelling units/acre 25 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 an existing easement or significant natural feature exists. 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Approved Amendment — Clarifications 3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT 109-08-20201 D. District Dimensional and Density Standards [09-08-2020][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 boundaryfeet Re uirements Requirements Building setback from pedestrian 10 and bicycle paths feet Front setback (feet) Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan Side setback, street (feet) Side setback, interior (feet) 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] 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 (0&1) DISTRICT E. Other District Standards 1. Signs. �. . I ONTO NO1. V 3"r-q V MIT I rj 2TV. T 9 t n.'. I EN 4—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 0&1 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-appFeval that a 7460 be filed with the FAA and an FAA determination of "no hazard. " 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 1 Z 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. 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 TableStandards Zoning Numher Ir`eEt Fa'ont" St !'Vlazmum Maxini'�m "' M�zimurii�' Maximum District of lanes Frontage Setback Primary Aux. Sign Primary Auxiliary. (Feet [1] (Minm4k.j Sign Height Sign Area Sign Area (Feet) [2][3) Height (Feet)' (Square (Square (Feet) Feet) Feet) 2 N/A 70120 20 10 12 25 0&1 4 >100 10120 20 N/A 75* N/A B-1, PD, 2 N/A 10 / 20 20 10 50 25 CB (09-08- < 100 10120 20 N/A 50 N/A 20201 4 > 100 10120 20 12 65 32 < 100 10120 20 N/A 65 N/A B-2, CS, I- 2 > 100 10 / 25 20 18 100 50 1, 1-2, AC, < 100 10 / 25 20 N/A 100 N/A SC (09-08- 20201 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. 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. 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 9standards 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. 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, or -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. hP*Rg GGunted as part of the family FesidiRg en th"FeMi%6; The family contains no more than three unrelated persons in addition to related householder members. aod 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. 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 sox 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. 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 Regulated trees existing on a site at the time of development application that aFe FeqUiFed to be 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 10.3.9.6.2, 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 10.3.9.6.2, 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. 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] 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 aPA by more than 10 percent from what was originally approved, Z Modifications in the configuration of the building(s), structure(s), or site plan; 3. Increases to buildiRg OF GtFUGtUF8 60ae 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, 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 a.PA 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 building OF StFUGWFe Gaze 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, 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; Z Modifications in the configuration of the building(s), structure(s), or site plan; 3. Increases to buildiRg OF GtFUGtUF8 Gize and hei9W 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 & Modifications of internal circulation patterns not impacting public safety. 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment — Board of Commissioners Approved Amendment — Updates 10.3.9. 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.