2022-10-03 RM Exhibits Exhibit
Book (UU ' Page 35
NEW HANOVER COUNTY BOARD OF COMMISSIONERS
A RESOLUTION BY THE COUNTY OF NEW HANOVER APPROVING THE FUNDING ALLOCATIONS
FOR THE FY 2023 WORKFORCE HOUSING SERVICES PROGRAM
WHEREAS,the New Hanover County Board of Commissioners unanimously agreed to dedicate at
least $15 million from the county's existing revenues over the next five years for programs and
initiatives that increase and improve the stock of affordable homes in New Hanover County, and
increase residents' access to affordable housing opportunities; and
WHEREAS, the Planning and Land Use Department developed a framework for a Request for
Proposals (RFP) for funding a Workforce Housing Services Program utilizing the $3 million
allocated for affordable housing in the FY 2023 budget; and
WHEREAS, the criteria and priorities were developed based on the findings of the Joint
County/City Comprehensive Housing Study and Survey to create an immediate impact to New
Hanover County residents; and
WHEREAS, six proposals were received by August 8, 2022 for a total of $6.3 million in funding
requests for the construction and/or rehabilitation of 289 units of workforce and affordable
housing in New Hanover County; and
WHEREAS, a cross-functional team of New Hanover County Staff and a sub-committee of the
Workforce Housing Advisory Committee ranked East Carolina Community Development Inc and
Terroir Development as the best-qualified proposals based upon scoring and priorities.
NOW, THEREFORE, BE IT RESOLVED, that the New Hanover County Board of Commissioners
supports the allocation of funding to East Carolina Community Development Inc. and Terroir
Development at an amount not to exceed $1,500,000 per project at an interest rate of up to 2%
for up to 20 years. Furthermore, New Hanover County Board of Commissioners authorizes the
County Manager and/or the County Attorney to take such measures as necessary to finalize the
terms and conditions of the funding.
ADOPTED this the 3rd day of October, 2022.
NEW OVER
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Gp t Y 4,
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o •'' J a Olson-Boseman, Chair
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Ky berleigh . Crowell, Clerk to the Board
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Exhibit
AN ORDINANCE OF THE COUNTY OF NEW HANOVER Book YL t Paged ‘Oa
AMENDING THE UNIFIED DEVELOPMENT ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 3, 2022
CASE TA22-02
•
WHEREAS,pursuant to N.C.G.S.§ 160D,the County of New Hanover("County")may adopt zoning
and development regulation ordinances and combine any ordinances authorized into a unified
ordinance for the purpose of promoting health, safety, morals or the general welfare;
WHEREAS,the County desires to amend the provisions in the Unified Development Ordinance to
update the definition, permissions, and standards for Accessory Dwelling Units and to perform
at
consistency updates to identified provisions throughout the code;
WHEREAS, the amendment will update the Unified Development Ordinance to amend Table
4.4.3 Accessory Use Table permitting accessory dwelling units in the RA, R-20, R-15, R-10, R-7,
and PD zoning districts, update the development requirements for accessory dwelling units, and
update and clarify the definition of accessory dwelling unit;
WHEREAS, the County finds that this amendment is consistent with the purpose and intent of
the 2016 Comprehensive Plan because it provides for a range of housing types, opportunities,
and choices, and;
WHEREAS, the County finds that approval of the amendment is reasonable and in the public
interest because it provides diverse housing options for all residents while preserving community
character. Additionally, the recommended updates to the standards will minimize the potential
negative impacts of stormwater and parking issues, reduce the likelihood of loopholes and
unintended negative impacts to these residential districts;
1 THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1.The Unified Development Ordinance of the County of New Hanover adopted February
3, 2020 is hereby amended per the attached document.
Section 2.Any ordinance or any part of any ordinance in conflict with this ordinance,to the extent
of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of the public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to
the conditions also approved as part of this action, shall be in full force and effect from and after
January 3, 2023.
z
Section 4. The County Commissioners find, in accordance with the provisions of N.C.G.S § 160D-
605(a), that adoption of this amendment is consistent with the purpose and intent of the 2016
Comprehensive Plan because it aligns with the Plan's implementation guidelines that aim to
support to provide affordable and/or flexible housing options without the need for significant
Page 1 of 2
{
infrastructure or further land development. However, in New Hanover County, additional
provisions would be required in order to avoid unanticipated impacts to environmental health,
stormwater, or other permits and to ensure compliance with fire codes and other regulations
that are more rigorous for residential uses.
ADOPTED this the 3rd day of October, 2022
EFFECTIVE the 3rd day of January, 2023
NEW HANOVER COUNTY
G O
O
� . Julia Olson-Roseman, Chair
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1R1ISIif9 ' ATTEST:
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Kym Crowell, Clerk to the Board
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TA22-02—ADUs Text Amendment
Exhibit
k Book XLM Page 35. 106
Section 2.3. Definitions and Terms:
1
I ACCESSORY DWELLING UNIT (ADU)
An ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which
has a separate egress/ingress independent from the principal dwelling, and which provides
complete independent living facilities for one or more persons, and which includes provisions for
living, sleeping, eating, cooking,and sanitation. It is located on the same parcel lot as the
principal dwelling unit and is detached from the principal dwelling.
Accessory dwelling units are also known as accessory apartments, ancillary units, secondary
dwelling units, carriage homes, mother-in-law suites, and granny flats. All shall be considered as
an ADU.
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2-5 New Hanover County, NC I Unified Development Ordinance
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TA22-02—ADUs Text Amendment
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Section 4.4. Accessory Use and Structure Standards
4.4.1. PURPOSE
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j This section authorizes the establishment of accessory uses and structures that are
j customarily subordinate to principal uses, provided that the accessory use or
j structure complies with all applicable standards in this section.
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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.
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4.4.3. PERMISSIONS FOR SPECIFIED ACCESSORY USES AND STRUCTURES
a
i Table 4.4.3: Accessory Use Table, identifies which uses are permitted by right,
permitted subject to approval of a special use permit, and prohibited in each zoning
district. Permissions for the RFMU and EDZD districts are outlined in Article 3:Zoning
Districts. The meanings of abbreviations in Table 4.4.3 are set forth in subsections A
through C below.
A. A "P" in a cell indicates the use is permitted by right in the zoning district. Permitted
uses, except for exempt bona fide farm uses, are subject to all other applicable
standards of this UDO.
B. An "S" in a cell indicates that the use is allowed only if reviewed and approved as a
special use in accordance with 10.3.5, Special Use Permit. Special uses are subject
to all other applicable standards of this UDO.
i C. A blank cell indicates that the use is not allowed in the respective zoning district.
Table 4.4.3: Accessory Use Table
Key: P = Permitted its; Righ'. S = Special Use Permit Required (Jinni (el, = not all• ,,ed
x s as 3 F s �C i I a
4?• 5 k -SAS fr F 1-1 -'silo '1 a {F y .� a 1' 1_
$? ae r A'''' 2 .'. .tee,"' �c',a • r - t 'I i I '' ( 's 1 ,' ip 'Ia
Accessory Dwelling Unit 'A, w '.4:v 11 d-i'x' -(, . c,'I A'.- I
Accessory Use, Customary ffifikliav,,: `;�C �b' G ' ffi j'
Dry Stack Boat Storage '17. , r '` k' ' , I';
Facility,at a Marina - '.-4, 4 ^ ' 'r " ! I
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4-62 New Hanover County, NC I Unified Development Ordinance
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TA22-02—ADUs Text Amendment
4.4.4. STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES
A. Accessory Dwelling Unit(ADU)
Detached accessory dwelling units shall be allowed in districts where permitted by
right, subject to the following standards ruts:
1. Only one accessory dwelling unit per lot adaFtment shall be permitted.
ADUs are only permitted on a lot with a single family detached
principal dwelling. by-Fight,
2. OneAreaff-street parking spaces shall be required for
the accessory dwelling unit required.
3. In all districts excluding RA, the detached dwelling unit shall be accessed
using the driveway that serves the principal dwelling unit and shall not be
accessed by a separate driveway.
4. If the property is served by a water/sewer utility provider, proof of adequate
water and sewer capacity from the appropriate provider (CFPUA,etc.)shall
be provided if accessory units are not included in subdivision approvals. If
the property is served by well or septic, the unit shall comply with all the
well and septic standards of New Hanover County Environmental Health.
5. In the RMF and PD districts, accessory dwelling units apaftchehts shall only
be allowed when constructed in connection with any single family detached
dwelling development allowed within the district.
6. For conventional zoning districts the lot must meet minimum lot area
requirements. ,
7. In performance subdivisions, accessory dwelling units having up to one
bedroom shall not be considered a dwelling unit for density requirements,
otherwise and new accessory units may not increase density beyond the
maximum allowed in the applicable zoning district.
8. The total gross floor area of an accessory dwelling unit shall not exceed
4;000 1,200 (BOC AMENDED 10-3-22) square feet.
1,200 square feet,
9. The side setbacks for the detached unit shall be no less than required for
the principal structure and a minimum of five feet.
10. Rear setbacks for the detached unit shall be a minimum of five feet.
11. The detached accessory dwelling unit shall be located in the rear yard
completely behind the plane of the front fear façade of the principal
structure unless constructed over a detached garage.
12. In both conventional and performance subdivision developments, the
accessory dwelling unit shall be located a minimum of ten (10) feet from
any other structure, including other accessory structures. The—side
13. An existing accessory structure can be converted to an accessory dwelling
unit, if it meets all non-dimensional standards listed in Section 4.4.4.A, even
4-64 New Hanover County, NC I Unified Development Ordinance
TA22-02—ADUs Text Amendment
if it does not comply with the built dimensions stated in Section 4.4.4.A. For
this ordinance, existing accessory structure shall not apply to any structure
built after the effective date of this amendment(Effective Date 01/03/2023).
14. Must comply with Article 9 of the UDO Floodplain Requirements.
15. Property owners must provide verification that the proposed accessory
dwelling unit complies with the allocation of impervious surfaces allowed
by the subdivision's state stormwater permit.
16. A drainage plan subject to approval by New Hanover County Engineering
shall be required for any additions or new structures associated with the
accessory dwelling unit.
17. Mobile homes, RVs,shipping containers, and manufactured homes shall
not be permitted as accessory dwelling units.
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4-64 New Hanover County, NC I Unified Development Ordinance
2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Public Approved Amendment—Additions & Modernizations
Article 2: Measurements and Definitions
Section 2.1. Measurements
ENCROACHMENTS
Certain building features, mechanical equipment and other landscape features are allowed to
encroach upon the front, side and rear setbacks and into the periphery setback for lots within
performance residential subdivisions. Encroachments into access easements are prohibited
All encroachments are subject to the standards found in Article 9: Flood Damage Prevention,
but the definition included there is for the purpose of that article only.
A. ARCHITECTURAL FEATURES
Building features, such as but not limited to, balconies, bay windows, cantilevers,
chimneys, cornices, eaves, fire escapes, and sills, may encroach 4 feet into a required
setback but no closer than 3 feet from any property line and must meet all fire and building
code requirements.
B. MECHANICAL EQUIPMENT
Mechanical equipment, such as but not limited to, heating and air conditioning equipment,
backup power generator, electrical fuse box and meter, or natural gas meter may
encroach 5 feet into a required setback but no closer than 3 feet from any property line so
long as fire, building, and manufacturer's requirements are met.
C. ACCESSIBILITY FEATURES
1. Stairs and exterior elevators may encroach 2 feet into a required setback but no closer
than 3 feet to the property line.
2. Americans with Disabilities Act-required accessibility features or temporary
accessibility ramps may encroach into a required setback as necessary to meet
building code requirements but must be a minimum of 3 feet from the property line.
SETBACK
The minimum distance a building or structure must be separated from the lot lines. Setbacks
are specified as front, side, and rear; are located within the corresponding front, side, and rear
yards; and establish the minimum required front, side, and rear yards.
Setbacks shall not be occupied or obstructed by a structure or portion of a structure, unless
otherwise allowed by another provision of this Ordinance.
Setbacks shall be measured from the structure. If a roof overhang extends more than two feet
from the structure, the setback shall be measured from the drip line of the roof. Cantilevers
shall be considered part of the roof overhang if the combined distance of the cantilever and
roof overhang do not extend more than 2 feet.
Fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture
may be permitted in any setback subject to height limitations and requirements limiting
obstruction of visibility.
Private driveways or easements serving three or fewer lots in accordance with Section 5.2.2.3
may also be permitted in any setback.
2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Public Approved Amendment—Additions & Modernizations
Minimum setback distances for overhead canopies shall be determined by measuring a
straight line distance from the nearest point of the required reference boundary (i.e., street
right-of-way, zoning district line, or property line) to the point on the ground surface which is
perpendicular to the closest edge of the canopy overhang. Setback distances from street
rights-of-way may be reduced by one half.
A. SETBACK, FRONT
The depth of a front setback shall be measured at right angles to a straight line joining
the foremost points of the side lot lines, and in such a manner that the front yard
established shall provide minimum depth parallel to the front lot line.
B. SETBACK, SIDE
The width of a side setback shall be measured in such a manner that the side yard
established is a strip of the minimum width required by the district regulations with its
inner edge parallel with the side lot line.
C. SETBACK, REAR
The depth of a rear setback shall be measured in such a manner that the rear yard
established is a strip of the minimum width required by district regulations with its inner
edge parallel with the rear lot line.
D. SETBACK LINE
The line on the front, rear, and sides of a lot, which delineates the area upon which a
structure may be built and maintained.
Article 3: Zoning Districts
Section 3.2. Residential Zoning Districts
3.2.3. RESIDENTIAL DISTRICT SPECIFIC STANDARDS
{ A. Storage of Inoperative Motor Vehicles and Boats
a. It shall be unlawful for any person to store, keep, or maintain more than
one inoperative motor vehicle in any residential district.
b. It shall be unlawful for any person to store, keep, or maintain more than
one visiblly inoperative, wrecked, or dismantled boat outside of an
enclosed accessory structure in any residential district.
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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.
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C. Fixture Cut-Offs
All exterior luminaries, including security lighting, for nonresidential, multi-family,
and mixed-use developments adjacent to single family residential subdivisions
shall be full cut-off fixtures that are directed downward (see Figure 5.5.4.C: Full
Cut-off Fixtures). In no case shall lighting be directed at or above a horizontal
plane through the lighting fixture.
Figure 5.5.4.C: Full Cut-off Fixtures
Non-Cut-off Cut-off Full Cut-off
Not Allowed Not Allowed Allowed
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
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Board of Commissioners Approved Amendment—Clarifications
Article 3: Zoning Districts
Section 3.1 . General
3.1.3. SUPERSEDING DIMENSIONAL STANDARDS
Dimensional standards for each zoning district are in tabular format in this article. Notes within
each table provide additional details where necessary, and rules for measuring dimensional
standards are in Section 2.1: Measurements. The dimensional standards in this article apply
generally, but may be superseded by other standards in this Ordinance, including but not limited
to the standards identified in this section.
A. Use-Specific Standards
Superseding dimensional standards are set forth for some uses in Article 4: Uses
and Use-Specific Standards.
B. Structural Appurtenances or Utility Structures
The height limitations contained in the table of dimensional standards for each
zoning district do not apply to antennas, water tanks, ventilators, chimneys, or other
appurtenances, which are required to be placed above the roof level and not
intended for human occupancy, or utility structures such as utility poles and water
towers.
C. Additional Standards in Certain Districts When Adjacent to Residential
g Properties
[11-16-2020][11-01-2021]
D. Performance Residential
I Performance Residential Developments are not subject to the minimum lot size,
minimum lot width, and front, rear, and side setback requirements in the zoning
district where they are located. Performance Residential Developments shall comply
with the standards in this section and with all other applicable standards in this
Ordinance.
1. Setbacks and Spacing
Buildings on the periphery of a Performance Residential Development
shall setback a minimum of 20 feet from the adjoining property line.
Multi-family dwelling units shall be spaced a minimum of 20 feet from any
part of another dwelling unit. All other dwelling types shall be spaced a
minimum of 10 feet from each other. [11-16-2020]
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
( Board of Commissioners Approved Amendment—Clarifications
Section 3.3. Mixed Use Zoning Districts
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3.3.4. URBAN MIXED USE ZONING (UMXZ)
D. District Dimensional Standards(l1-01-202Vj
Standard All Uses
Minimum district size(acres) 5*
Setbacks
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Minimum distance from single family 35 feet for buildings <_ 35 feet in height
residential zoning districts 45 feet for buildings > 35 feet in height
Maximum distance from any street(feet) 10**
Maximum single family residential density
(dwelling units/acre) 15
Maximum multi-family residential density 25
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(dwelling units/acre)
1 Maximum vertically integrated mixed-use
building density(dwelling units/acre) 36
Building height, maximum Established in MPD Master Plan in accordance with
Section 3.3.3.A, MPD Master Plan
* 5 acres shall be contiguous or separated only by an easement, right of way, or street.
** Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement where
1 an existing easement or significant natural feature exists.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
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3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT[09-08-2020]
D. District Dimensional and Density Standards [09-08-202O][11-01-20211
Standard Residential Uses Commercial Uses Industrial Uses
Minimum district size, under common ownership or joint petition: 10 acres *
Building setback from PD District 20 CB Setback I-1 Setback
boundary(feet) Requirements Requirements
Building setback from pedestrian 10
and bicycle paths (feet)
Front setback(feet)
Side setback, street(feet) Established in MPD Master Plan in accordance with Section
Side setback, interior(feet) 3.3.3.A, MPD Master Plan
Rear setback(feet)
Density, maximum (du/acre) **
Intensity, maximum Established in MPD Master Plan in accordance with Section
3.3.3.A, MPD Master Plan
Building height, maximum Established in MPD Master Plan in accordance with Section
3.3.3.A, MPD Master Plan
* 10 acres shall be contiguous or separated only by an easement, right of way, or street.
** Maximum density in Urban Mixed-Use areas identified on the New Hanover County Future Land Use
Map shall be established in the MPD Master Plan. Maximum Density in areas outside of the Urban
Mixed-Use areas shall also be established in the MPD Master Plan but shall not exceed 17 dwelling
units per acre.
E. Other District Standards
4. Building Separations Standards
a. The project shall be designed so as to avoid encroachment into the
path of any proposed transportation project included in the Wilmington
MPO's Metropolitan Transportation Plan.
b. Multi-family dwelling units shall be spaced a minimum of 20 feet from
any part of another dwelling unit. All other dwelling types shall be
spaced a minimum of 10 feet from each other. [11-16-2020]
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I 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
I Board of Commissioners Approved Amendment—Clarifications
Section 3.4. Commercial and Industrial Districts
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3.4.6. OFFICE AND INSTITUTIONAL (O8,I) DISTRICT
E. Other District Standards
1. Signs.
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HI—Signs or a directional nature shall be permitted; however, each such sign shall not exceed 2
square feet in surface area (one side)with no lighting and shall be limited to 7 feet in height.
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) 2. Lighting. The source of any outdoor lighting in an O&I district shall be concealed so as not to be
visible from any public street or any residential lot.
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3.4.9. AIRPORT COMMERCE (AC) DISTRICT
D. District Dimensional Standards
1 Standard All Uses
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1 Lot area, minimum (square feet) 43,560*
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1 Lot width, minimum (feet) 150
2 Front setback(feet) 50
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1 3 Side setback, street (feet) 50
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Side setback, interior **
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Building height, maximum (feet) 35***
1 Additional height allowance, maximum(feet) 50***
* Any property subdivided and recorded prior to June 1, 1981 may be less than the minimum lot area, provided
such lots are located outside of an approach zone for Wilmington International Airport. Any such property located
within an airport approach zone may be approved pursuant to a Special Use Permit issued in accordance with
1 10.3.5: Special Use Permit.
**Determined in accordance with Section 3.1.3.C,Additional Standards in Certain Districts.
***Unless otherwise specified in Section 5.10, Airport Height Restrictions. Any proposed height above 35 ft will
require that a 7460 be filed with the FAA and an FAA determination of no hazard."
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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.
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Article 5: General Development Standards
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1 Section 5.3. Tree Retention
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5.3.4. TREE RETENTION STANDARDS
B. The Planning Director may permit or require a reduction in required street yards,
landscape islands, foundation plantings, setbacks, or other dimensional, parking, or
landscaping standards for the purpose of retaining significant or specimen trees,1 including on single family lots otherwise exempt from these standards.
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1 Section 5.6. Signs
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5.6.2. GENERAL PROVISIONS
IJ. Signs Which Require a Permit
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4. Principal Use Signs
a. Freestanding Signs
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y Table 5.6.2.J.4.a: Freestanding Sign Standards
Zoning Number_ rest ' Front iiiaximuni `Mawnti m .MaxWu1 imutn
I 1 District of Lanes Frontage Setback Primary Aux Sign Primary ' " Auxiliary
(Feet)[1] (Mm./Max.) Sign; Height Sign Area Sign Area
(Feet) [2][3] - eight (Feet) (Square (Square
I (Feet) Feet) Feet)
2 N/A 10/20 20 10 12 25
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0811 4 >100 10/20 20 N/A 75* N/A
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'i B-1, PD, 2 N/A 10/20 20 10 50 25
CB [09-08- < 100 10/20 20 N/A 50 N/A
2020] 4 > 100 10/20 20 12 65 32
< 100 10/20 20 N/A 65 N/A
B-2, CS, 1-
2 > 100 10/25 20 18 100 50
1, 1-2, AC, < 100 10/25 20 N/A 100 N/A
SC [09-oa 20zo] 4 > 100 10/30 25 20 150 75
2o
> 300 10/30 30 20 175 90
NOTES:
[1] Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans
approved as part of the current NC DOT Transportation Improvement Program.
[2] Notwithstanding the minimum and maximum front setback requirements indicated above,primary freestanding signs which
do not exceed six feet in height and are less than 76 percent of the maximum sign area established above, may be located
within five feet of the front property line and shall have no maximum front setback.
[3] Front Setback refers to the setback from the front or corner side property lines.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
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1 *Signs area for properties located adjacent to minor or major arterials as identified on the officially adopted WMPO Functional
Classification Map.Otherwise,the maximum area for 2-lane roadways shall apply.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
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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.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment-
Board of Commissioners Approved Amendment-Updates
Article 2. Measurements and Definitions
Section 2.3. Definitions and Terms
FAMILY
One or more persons occupying a single dwelling unit, provided that unless all members are
related by blood, adoption, e1-marriage, domestic partnership, or civil union, living together as
a single housekeeping unit, no such family shall contain over three persons, but further
provided that:
A.
; The family
1 contains no more than three unrelated persons in addition to related householder
members. aad
B. A foster home as designated by the North Carolina Department of Social
Services for the care of not more than five children less than 18 years of age shall be
considered as family.
C. Any child less than eighteen years of age living with parent(s) or a legal
guardian is not to be counted as a person in the calculations.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Approved Amendment—Updates
Article 4: Uses and Use-Specific Standards
Section 4.3. Standard for Specific Principal Uses
4.3.2. RESIDENTIAL USES
B. Group Living
1. Group Home
(11-16-2020]
Group homes shall comply with the following standards:
a. Group homes shall be limited to eight cix disabled persons with
disabilities, living together as a self-supporting and self-sufficient
household unit.
b. No group home shall be occupied or operated without zoning approval.
1. Group homes that are exempt from licensure pursuant to NCGS
§122C-22 must recertify their exemption status annually; and
2. Group homes for special needs persons must recertify qualification
of all residents as special needs persons annually.
c. Group homes shall not be located closer than 2,000 feet to any other
existing group home, measured by a straight line from the nearest
property lines, irrespective of jurisdictional boundaries. The distance
shall be reduced by the right-of-way of a major thoroughfare exceeding
100 feet, major topographical features such as a major watercourse, or
by major nonresidential or public uses such as a park, school, or
religious institution.
d. Reasonable accommodations shall be provided in accordance with
Section 10.3.13 Reasonable Accommodation.
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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
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Regulated trees existing on a site at the time of development application
shall be inventoried by a cover type survey
conducted by point sampling, fixed plot sampling, field survey or other method approved by the
Planning Director. Areas that will not be disturbed shall be delineated as such and do not require
inventorying individual trees.
5.3.5. TREE REMOVAL PERMITS
A. Unless a waiver, exemption, or exception applies in accordance with Section 5.3.1,
Applicability or Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, no person,
directly or indirectly, shall remove any regulated tree identified in Section 5.3.4, Tree
Retention Standards, from public or private property without first obtaining a tree
removal permit in accordance with Section 10.3.9, Tree Removal Permit.
B. Unless a waiver, exemption, or exception applies in accordance with Section
10.3.9.B.2, Waivers, Exemptions, and Exceptions, a tree removal permit authorizing
removal is required before any clearing, grading, or other authorizations may be
issued, including building permits. The portion of the tree removal permit approving
the required mitigation plan shall not be required until after construction plan approval.
The removal of any specimen tree is prohibited on any parcel unless exempt according to
Section 10.3.11, Variance — Zoning and Subdivision. If a specimen tree is removed
without a permit, the penalty for this violation shall be twice the mitigation fee.
Section 5.5. Exterior Lighting
5.5.3. TIME OF REVIEW
Information about the exterior lighting for the site that demonstrates compliance with the
standards in this section shall be submitted in conjunction with an application for site plan approval
(Section 10.3.6, Site Plan) or zoning compliance approval (Section 10.3.8, Zoning Compliance
Approval), whichever comes first. approved no later than at time of construction plan approval.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Approved Amendment—Updates
Article 10. Administrative Procedures
Section 10.3. Application-Specific Procedures
10.3.3. CONDITIONAL ZONING
C. Conditional Zoning Procedure
7. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-decision
Limitations and Actions, apply, in addition to subsections a through c below.
b. Minor Deviations
[05-03-2021 j
Subsequent applications for development within a conditional zoning
district may include minor modifications from the approved conceptual
site plan, provided such modifications do not result in a change in the
permitted uses or density, specified conditions of approval, or and
otherwise have no material effect on the character of the approved
development. Changes in the following constitute minor modifications
that may be approved by the Planning Director:
1. Modifications in building or structure placement, provided the
placement complies with the setbacks of the corresponding base
zoning, and does not decrease the setbacks agreed to and
by more than 10
percent from what was originally approved;
2. Modifications in the configuration of the building(s), structure(s), or
site plan;
3. Increases to the square footage
of a particular use category (e.g. residential, commercial) not to
exceed 10 percent from what was originally approved provided all
other applicable standards of this Ordinance are met;
4. Increases to building or structure height not to exceed 10 percent
or 10 feet from what was originally PP a roved, whichever is less,
provided all other applicable standards of this Ordinance are met;
5. Modifications to structure floor plans;
6. Modifications to the driveway locations not exceeding 10 percent of
the length of the subject property line, or as required by the North
Carolina Department of Transportation;
7. Modifications to the proportion of housing type not to exceed 10
percent from what was originally approved; and
8. Modifications of internal circulation patterns not impacting public
safety.
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2022-10-03- Unified Development Ordinance (UDO) Maintenance Amendment—
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10.3.4 MASTER PLANNED DEVELOPMENT
C. Master Planned Development Procedure
8. Post-Decision Limitations and Actions
b. Minor Deviations
105-03-20211
Subsequent applications for development within a master planned
development district may include minor modifications from the
approved MPD Master Plan and MPD Terms and Conditions
document, provided such modifications do not result in a change in
permitted uses or density, specified conditions of approval, or a
otherwise have no material effect on the character of the approved
development. Changes in the following constitute minor modifications
that may be approved by the Planning Director:
1. Modifications in building or structure placement, provided the
placement does not decrease approved setbacks by more than 10
percent from what originally approved;
2. Modifications in the configuration of the building(s), structure(s), or
site plan;
3. Increases to the square footage
of a particular use category (e.g. residential, commercial) not to
exceed 10 percent from what was originally approved provided all
other applicable standards of this Ordinance are met;
4. Increases to building or structure height not to exceed 10 percent
or 10 feet from what was originally approved, whichever is less,
provided all other applicable standards of this Ordinance are met;
5. Modifications to structure floor plans;
6. Modifications to the driveway locations not exceeding 10 percent of
the length of the subject property line, or as required by the North
Carolina Department of Transportation;
7. Modifications to the proportion of housing type not to exceed 10
percent from what was originally approved; and
8. Modifications of internal circulation patterns not impacting public
safety.
10.3.5. SPECIAL USE PERMIT
C. Special Use Permit Procedure
7. Post-Decision Limitations and Actions
b. Minor Deviations
[05-03-2021i
2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Approved Amendment—Updates
Subsequent applications for development pursuant to an approved
special use permit may include minor modifications from the approved
special use permit, provided such modifications do not result in a
change in permitted uses or density, specified conditions of approval,
or and otherwise have no material effect on the character of the
approved development. Changes in the following constitute minor
modifications that may be approved by the Planning Director.
1. Modifications in building or structure placement, provided the
placement complies with the setbacks of the corresponding base
zoning, and does not decrease the setbacks agreed to and
by more than
10 percent from what was originally approved;
2. Modifications in the configuration of the building(s), structure(s),
or site plan;
3. Increases to building or structure size and height the square
footage of a particular use category(e.g. residential, commercial)
not to exceed 10 percent from what was originally approved
provided all other applicable standards of this Ordinance are met;
4. Increases to building or structure height not to exceed 10 percent
or 10 feet from what was originally approved, whichever is less,
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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.
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2. A change of design for, or an increase in the hazards to pedestrian and
lines exceeding ten percent
2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Approved Amendment—Updates
} 10.3.9. TREE REMOVAL PERMIT
A. Purpose
The purpose of this section is to provide a uniform mechanism for ensuring all
development complies with the standards in Section 5.3.4, Tree Retention
Standards.
B. Applicability
1. General
a. Unless a waiver, exemption, or exception applies in accordance with
subsection 2 below, no person, directly or indirectly, shall remove any
regulated tree identified in Section 5.3.4, Tree Retention Standards,
from public or private property without first obtaining a tree removal
permit in accordance with this section.
b. Unless a waiver, exemption, or exception applies in accordance with
subsection 2 below, tree removal permit authorizing approval is
required before any clearing, grading, or other authorizations are
issued under this Ordinance, including erosion and sedimentation
control permits (see Article 8: Erosion and Sedimentation Control) and
building permits. The portion of the tree removal permit approving the
required mitigation plan shall not be required until after construction
plan approval.
c. An approved tree removal permit for new construction shall apply to the
entire site.
Exhibit
AN ORDINANCE OF THE COUNTY OF NEW HANOVER Book x - Page •i 1Q
AMENDING THE UNIFIED DEVELOPMENT ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED OCTOBER 3, 2022
CASE TA22-03
WHEREAS,pursuant to N.C.G.S. § 160D,the County of New Hanover("County") may adopt zoning
and development regulation ordinances and combine any ordinances authorized into a unified
ordinance for the purpose of promoting health, safety, morals or the general welfare;
WHEREAS,the County desires to amend the provisions in the Unified Development Ordinance to
modernize, clarify, and update various identified provisions throughout the code;
WHEREAS,the amendment will update the Unified Development Ordinance to include standards
regarding height and cut-offs for light fixtures on non-residential and multi-family sites adjacent
to single family neighborhoods; extend current limits on inoperative vehicles to inoperative
boats; specify the extent building appurtenances can encroach into a setback; clarify provisions
regarding Office & Institutional sign standards, specimen tree standards applicability, zoning
district height maximums applicability, Senior Living: Independent Living Retirement
Communities use-specific standards, variance eligibility, Airport Commerce district height
restrictions, minimum acreage requirements for Planned Development and Urban Mixed Use
zoning districts, and performance residential building separation requirements; modify minor
deviation authorities; codify development review process timing for tree removal permit related-
landscaping plans and lighting designs; increase the number of residents with disabilities allowed
in group homes; and modify the definition of family;
WHEREAS, the County finds that this amendment is consistent with the purpose and intent of
the 2016 Comprehensive Plan because it provides up-to-date zoning tools that promote business
success, provide for a range of housing opportunities, and support a mixture of uses; and
WHEREAS, the County finds that approval of the amendment is reasonable and in the public
interest because it provides for clear and effective ordinance standards;
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1.The Unified Development Ordinance of the County of New Hanover adopted February
3, 2020 is hereby amended per the attached document.
Section 2.Any ordinance or any part of any ordinance in conflict with this ordinance,to the extent
of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of the public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover, North Carolina and subject to
the conditions also approved as part of this action, shall be in full force and effect from and after
its adoption.
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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
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ordinance standards.
ADOPTED this the 3rd day of October, 2022
NEW HANOVER COUNTY
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' Julia Olson-Roseman, Chair
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ATTEST:
F��SFifDt"rtl•
0A41/1•6te
m Crowell, Clerk to the Board
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Exhibit U11
2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment- Book Page 35. 1 b
Board of Commissioners Public Approved Amendment-Additions & Modernizations
Article 2. Measurements and Definitions
Section 2.1. Measurements
ENCROACHMENTS
j Certain building features, mechanical equipment and other landscape features are allowed to
encroach upon the front, side and rear setbacks and into the periphery setback for lots within
performance residential subdivisions. Encroachments into access easements are prohibited.
All encroachments are subject to the standards found in Article 9:Flood Damage Prevention,
but the definition included there is for the purpose of that article only
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A. ARCHITECTURAL FEATURES
Building features, such as but not limited to, balconies, bay windows, cantilevers,
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chimneys, cornices, eaves, fire escapes, and sills, may encroach 4 feet into a required
setback but no closer than 3 feet from any property line and must meet all fire and building
1 code requirements.
B. MECHANICAL EQUIPMENT
Mechanical equipment, such as but not limited to, heating and air conditioning equipment,
it backup power generator, electrical fuse box and meter, or natural gas meter may
encroach 5 feet into a required setback but no closer than 3 feet from any property line so
1 long as fire, building, and manufacturer's requirements are met.
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1 C. ACCESSIBILITY FEATURES
) 1. Stairs and exterior elevators may encroach 2 feet into a required setback but no closer
than 3 feet to the property line.
2. Americans with Disabilities Act-required accessibility features or temporary
1 accessibility ramps may encroach into a required setback as necessary to meet
building code requirements but must be a minimum of 3 feet from the property line.
1 SETBACK
The minimum distance a building or structure must be separated from the lot lines. Setbacks
I are specified as front, side, and rear; are located within the corresponding front, side, and rear
yards; and establish the minimum required front, side, and rear yards.
Setbacks shall not be occupied or obstructed by a structure or portion of a structure, unless
otherwise allowed by another provision of this Ordinance.
Setbacks shall be measured from the structure. If a roof overhang extends more than two feet
from the structure, the setback shall be measured from the drip line of the roof. Cantilevers
shall be considered part of the roof overhang if the combined distance of the cantilever and
roof overhang do not extend more than 2 feet.
Fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture
may be permitted in any setback subject to height limitations and requirements limiting
obstruction of visibility.
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Private driveways or easements serving t dtrrz,• -r lots in accordance with Section 5.2.2.3
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may also be permitted in any setback. + op
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
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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.
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A. SETBACK, FRONT
The depth of a front setback shall be measured at right angles to a straight line joining
the foremost points of the side lot lines, and in such a manner that the front yard
established shall provide minimum depth parallel to the front lot line.
B. SETBACK, SIDE
The width of a side setback shall be measured in such a manner that the side yard
established is a strip of the minimum width required by the district regulations with its
inner edge parallel with the side lot line.
C. SETBACK, REAR
The depth of a rear setback shall be measured in such a manner that the rear yard
established is a strip of the minimum width required by district regulations with its inner
edge parallel with the rear lot line.
D. SETBACK LINE
The line on the front, rear, and sides of a lot, which delineates the area upon which a
structure may be built and maintained.
Article 3: Zoning Districts
Section 3.2. Residential Zoning Districts
3.2.3. RESIDENTIAL DISTRICT SPECIFIC STANDARDS
A. Storage of Inoperative Motor Vehicles and Boats
a. It shall be unlawful for any person to store, keep, or maintain more than
one inoperative motor vehicle in any residential district.
b. It shall be unlawful for any person to store, keep, or maintain more than
one visiblly inoperative, wrecked, or dismantled boat outside of an
enclosed accessory structure in any residential district.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Public Approved Amendment—Additions & Modernizations
Section 5.5. Exterior Lighting
a
5.5.3. TIME OF REVIEW
Information about the exterior lighting for the site that demonstrates compliance with the
standards in this section shall be submitted in conjunction with an application for site plan approval
(Section 10.3.6, Site Plan) or zoning compliance approval (Section 10.3.8, Zoning Compliance
Approval), whichever comes first.
An administrative waiver for this requirement to allow submittal of the lighting plan no later than
the time of construction plan approval may be granted by the Planning Director, provided the
application is accompanied by a letter from the utility provider or lighting designer explaining why
the lighting plan cannot be submitted at the time of site plan approval or zoning compliance
approval.
5.5.4. GENERAL STANDARDS
B. Maximum Height
The height of exterior light fixtures for nonresidential, multi-family, and mixed-use
developments adjacent to single family residential subdivisions shall not exceed
25 feet, whether mounted on poles, walls, or by other means.
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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
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Non-Cut-off Cut-off Full Cut-off
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111111
Not Allowed Not Allowed Allowed
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
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Article 3. Zoning Districts
Section 3.1 . General
3.1.3. SUPERSEDING DIMENSIONAL STANDARDS
Dimensional standards for each zoning district are in tabular format in this article. Notes within
each table provide additional details where necessary, and rules for measuring dimensional
standards are in Section 2.1: Measurements. The dimensional standards in this article apply
generally, but may be superseded by other standards in this Ordinance, including but not limited
to the standards identified in this section.
A. Use-Specific Standards
Superseding dimensional standards are set forth for some uses in Article 4: Uses
and Use-Specific Standards.
B. Structural Appurtenances or Utility Structures
The height limitations contained in the table of dimensional standards for each
zoning district do not apply to antennas, water tanks, ventilators, chimneys, or other
appurtenances, which are required to be placed above the roof level and not
intended for human occupancy, or utility structures such as utility poles and water
towers.
C. Additional Standards in Certain Districts When Adjacent to Residential
Properties
[11-16-2020J[11-01-2021]
D. Performance Residential
Performance Residential Developments are not subject to the minimum lot size,
minimum lot width, and front, rear, and side setback requirements in the zoning
district where they are located. Performance Residential Developments shall comply
with the standards in this section and with all other applicable standards in this
Ordinance.
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1. Setbacks and Spacing
Buildings on the periphery of a Performance Residential Development
shall setback a minimum of 20 feet from the adjoining property line.
Multi-family dwelling units shall be spaced a minimum of 20 feet from any
part of another dwelling unit. All other dwelling types shall be spaced a
minimum of 10 feet from each other. [11-16-2020]
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Section 3.3. Mixed Use Zoning Districts
3.3.4. URBAN MIXED USE ZONING (UMXZ)
(
D. District Dimensional Standards i11-01-2021)
I Standard All Uses
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Minimum district size (acres) 5*
Setbacks
Minimum distance from single family 35 feet for buildings 5. 35 feet in height
residential zoning districts 45 feet for buildings > 35 feet in height
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Maximum distance from any street(feet) 10**
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I Maximum single family residential density
(dwelling units/acre) 15
i Maximum multi-family residential density
(dwelling units/acre) 25
Maximum vertically integrated mixed-use 36
building density (dwelling units/acre)
Building height, maximum Established in MPD Master Plan in accordance with
Section 3.3.3.A, MPD Master Plan
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* 5 acres shall be contiguous or separated only by an easement, right of way, or street.
i ** Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement where
i an existing easement or significant natural feature exists.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
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3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT (09-08-2020)
D. District Dimensional and Density Standards[09-08-2020][11-01-2021)
Standard Residential Uses Commercial Uses Industrial Uses
Minimum district size, under common ownership or joint petition: 10 acres *
Building setback from PD District CB Setback I-1 Setback
boundary(feet) 20 Requirements Requirements
Building setback from pedestrian 10
and bicycle paths (feet)
Front setback(feet)
Side setback, street(feet) Established in MPD Master Plan in accordance with Section
Side setback, interior(feet) 3.3.3.A, MPD Master Plan
Rear setback(feet)
Density, maximum (du/acre) **
Established in MPD Master Plan in accordance with Section
Intensity, maximum 3.3.3.A, MPD Master Plan
Building height, maximum Established in MPD Master Plan in accordance with Section
3.3.3.A, MPD Master Plan
* 10 acres shall be contiguous or separated only by an easement, right of way, or street.
** Maximum density in Urban Mixed-Use areas identified on the New Hanover County Future Land Use
Map shall be established in the MPD Master Plan. Maximum Density in areas outside of the Urban
Mixed-Use areas shall also be established in the MPD Master Plan but shall not exceed 17 dwelling
units per acre.
E. Other District Standards
4. Building Separations Standards
a. The project shall be designed so as to avoid encroachment into the
path of any proposed transportation project included in the Wilmington
MPO's Metropolitan Transportation Plan.
b. Multi-family dwelling units shall be spaced a minimum of 20 feet from
any part of another dwelling unit. All other dwelling types shall be
spaced a minimum of 10 feet from each other. [11-16-2020j
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Section 3.4. Commercial and Industrial Districts
3.4.6. OFFICE AND INSTITUTIONAL (O&1) DISTRICT
E. Other District Standards
1. Signs.
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let:
ill—Signs or a directional nature shall be permitted; however, each such sign shall not exceed 2
square feet in surface area (one side)with no lighting and shall be limited to 7 feet in height.
2. Lighting. The source of any outdoor lighting in an O&I district shall be concealed so as not to be
visible from any public street or any residential lot.
3.4.9. AIRPORT COMMERCE (AC) DISTRICT
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) 43,560*
1 Lot width, minimum (feet) 150
2 Front setback(feet) 50
3 Side setback, street(feet) 50
Side setback, interior **
Rear setback **
Building height, maximum (feet) 35***
Additional height allowance, maximum(feet) 50***
* Any property subdivided and recorded prior to June 1, 1981 may be less than the minimum lot area, provided
such lots are located outside of an approach zone for Wilmington International Airport. Any such property located
within an airport approach zone may be approved pursuant to a Special Use Permit issued in accordance with
10.3.5: Special Use Permit.
**Determined in accordance with Section 3.1.3.C,Additional Standards in Certain Districts.
***Unless otherwise specified in Section 5.10, Airport Height Restrictions. Any proposed height above 35 ft will
require FAA approval that a 7460 be filed with the FAA and an FAA determination of"no hazard."
a 2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
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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.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
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Article 5. General Development Standards
Section 5.3. Tree Retention
5.3.4. TREE RETENTION STANDARDS
B. The Planning Director may permit or require a reduction in required street yards,
landscape islands, foundation plantings, setbacks, or other dimensional, parking, or
landscaping standards for the purpose of retaining significant or specimen trees,:
including on single family lots otherwise exempt from these standards.
Section 5.6. Signs
5.6.2. GENERAL PROVISIONS
J. Signs Which Require a Permit
4. Principal Use Signs
a. Freestanding Signs
Table 5.6 2 J.4 a Freestanding Sign Standards
Zoning Number ''Street Front Maximum Maximum Maximum Maximum
District of Lanes Frontage Setback Primary Aux Sign Primary Auxiliary
(Feet)[1] (Min/Max.) Sign Height Sign Area Sign.Are a
(Feet) [2][3] Height (Feet) (Square (Square
(Feet) Feet) Feet)
2 N/A 10/20 20 10 12 25
08d 4 >100 10/20 20 N/A 75* N/A
B-1, PD, 2 N/A 10/20 20 10 50 25
CB [09-08- < 100 10/20 20 N/A 50 N/A
2020] 4 > 100 10/20 20 12 65 32
< 100 10/20 20 N/A 65 N/A
B-2, CS, 1- 2 > 100 10/25 20 18 100 50
1, 1-2, AC, < 100 10/25 20 N/A 100 N/A
SC [09-08-
2020] 4 > 100 10/30 25 20 150 75
> 300 10/30 30 20 175 90
NOTES:
[1] Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans
approved as part of the current NC DOT Transportation Improvement Program.
[2] Notwithstanding the minimum and maximum front setback requirements indicated above,primary freestanding signs which
do not exceed six feet in height and are less than 76 percent of the maximum sign area established above, may be located
within five feet of the front property line and shall have no maximum front setback.
[3] Front Setback refers to the setback from the front or corner side property lines.
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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.
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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.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Approved Amendment—Updates
Article 2. Measurements and Definitions
Section 2.3. Definitions and Terms
FAMILY
One or more persons occupying a single dwelling unit, provided that unless all members are
related by blood, adoption, ec-marriage, domestic partnership, or civil union, living together as
a single housekeeping unit, no such family shall contain over three persons, but further
provided that:
A.
The family
contains no more than three unrelated persons in addition to related householder
members. and
B. A foster home as designated by the North Carolina Department of Social
Services for the care of not more than five children less than 18 years of age shall be
considered as family.
C. Any child less than eighteen years of age living with parent(s) or a legal
guardian is not to be counted as a person in the calculations.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Approved Amendment—Updates
Article 4: Uses and Use-Specific Standards
Section 4.3. Standard for Specific Principal Uses
4.3.2. RESIDENTIAL USES
B. Group Living
1. Group Home
[11-16-2020]
Group homes shall comply with the following standards:
a. Group homes shall be limited to eight cix disabled persons with
disabilities, living together as a self-supporting and self-sufficient
household unit.
b. No group home shall be occupied or operated without zoning approval.
1. Group homes that are exempt from licensure pursuant to NCGS
§122C-22 must recertify their exemption status annually; and
2. Group homes for special needs persons must recertify qualification
of all residents as special needs persons annually.
c. Group homes shall not be located closer than 2,000 feet to any other
existing group home, measured by a straight line from the nearest
property lines, irrespective of jurisdictional boundaries. The distance
shall be reduced by the right-of-way of a major thoroughfare exceeding
100 feet, major topographical features such as a major watercourse, or
by major nonresidential or public uses such as a park, school, or
religious institution.
d. Reasonable accommodations shall be provided in accordance with
Section 10.3.13 Reasonable Accommodation.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Approved Amendment—Updates
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Article 5. General Development Standards
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Section 5.3. Tree Retention
5.3.3. TREE INVENTORY
i
I Regulated trees existing on a site at the time of development application
shall be inventoried by a cover type survey
conducted by point sampling, fixed plot sampling, field survey or other method approved by the
Planning Director. Areas that will not be disturbed shall be delineated as such and do not require
inventorying individual trees.
5.3.5. TREE REMOVAL PERMITS
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A. Unless a waiver, exemption, or exception applies in accordance with Section 5.3.1,
Applicability or Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, no person,
directly or indirectly, shall remove any regulated tree identified in Section 5.3.4, Tree
Retention Standards, from public or private property without first obtaining a tree
removal permit in accordance with Section 10.3.9, Tree Removal Permit.
B. Unless a waiver, exemption, or exception applies in accordance with Section
10.3.9.B.2, Waivers, Exemptions, and Exceptions, a tree removal permit authorizing
removal is required before any clearing, grading, or other authorizations may be
issued, including building permits. The portion of the tree removal permit approving
the required mitigation plan shall not be required until after construction plan
approval.
The removal of any specimen tree is prohibited on any parcel unless exempt according to
Section 10.3.11, Variance — Zoning and Subdivision. If a specimen tree is removed
without a permit, the penalty for this violation shall be twice the mitigation fee.
Section 5.5. Exterior Lighting
5.5.3. TIME OF REVIEW
Information about the exterior lighting for the site that demonstrates compliance with the
standards in this section shall be submitted in conjunction with an application for site plan
approval (Section 10.3.6, Site Plan) or zoning compliance approval (Section 10.3.8, Zoning
Compliance Approval), whichever comes first. approved no later than at time of
construction plan approval.
'
approval.
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2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Approved Amendment—Updates
Article 10. Administrative Procedures
Section 10.3. Application-Specific Procedures
10.3.3. CONDITIONAL ZONING
C. Conditional Zoning Procedure
7. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-decision
Limitations and Actions,apply, in addition to subsections a through c below.
b. Minor Deviations
105-03-2021 J
Subsequent applications for development within a conditional zoning
district may include minor modifications from the approved conceptual
site plan, provided such modifications do not result in a change in the
permitted uses or density, specified conditions of approval, or and
otherwise have no material effect on the character of the approved
development. Changes in the following constitute minor modifications
that may be approved by the Planning Director:
1. Modifications in building or structure placement, provided the
placement complies with the setbacks of the corresponding base
zoning, and does not decrease the setbacks agreed to and
by more than 10
percent from what was originally approved;
2. Modifications in the
configuration of the building(s), structure(s), or site plan;
3. Increases to the square footage
of a particular use category (e.g. residential, commercial) not to
exceed 10 percent from what was originally approved provided
all other applicable standards of this Ordinance are met;
4. Increases to building or structure height not to exceed 10 percent
or 10 feet from what was originally approved, whichever is less,
provided all other applicable standards of this Ordinance are met;
5. Modifications to structure floor plans;
6. Modifications to the driveway locations not exceeding 10 percent of
the length of the subject property line, or as required by the North
Carolina Department of Transportation;
7. Modifications to the proportion of housing type not to exceed 10
percent from what was originally approved; and
8. Modifications of internal circulation patterns not impacting public
safety.
2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Approved Amendment—Updates
10.3.4 MASTER PLANNED DEVELOPMENT
C. Master Planned Development Procedure
8. Post-Decision Limitations and Actions
e. Minor Deviations
[05-03-2021]
Subsequent applications for development within a master planned
development district may include minor modifications from the
approved MPD Master Plan and MPD Terms and Conditions
document, provided such modifications do not result in a change in
permitted uses or density, specified conditions of approval, or and
otherwise have no material effect on the character of the approved
development. Changes in the following constitute minor modifications
that may be approved by the Planning Director:
1. Modifications in building or structure placement, provided the
placement does not decrease approved setbacks by more than 10
percent from what originally approved;
2. Modifications in the
configuration of the building(s), structure(s), or site plan;
3. Increases to the square footage
of a particular use category (e.g. residential, commercial) not to
exceed 10 percent from what was originally approved provided
all other applicable standards of this Ordinance are met;
4. Increases to building or structure height not to exceed 10 percent
or 10 feet from what was originally approved, whichever is less,
provided all other applicable standards of this Ordinance are met;
5. Modifications to structure floor plans;
6. Modifications to the driveway locations not exceeding 10 percent of
the length of the subject property line, or as required by the North
Carolina Department of Transportation;
7. Modifications to the proportion of housing type not to exceed 10
percent from what was originally approved; and
8. Modifications of internal circulation patterns not impacting public
safety.
10.3.5. SPECIAL USE PERMIT
C. Special Use Permit Procedure
7. Post-Decision Limitations and Actions
b. Minor Deviations
[05-03-2021]
2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Approved Amendment—Updates
Subsequent applications for development pursuant to an approved
special use permit may include minor modifications from the approved
special use permit, provided such modifications do not result in a
change in permitted uses or density, specified conditions of approval,
or and otherwise have no material effect on the character of the
approved development. Changes in the following constitute minor
modifications that may be approved by the Planning Director.
1. Modifications in building or structure placement, provided the
placement complies with the setbacks of the corresponding base
zoning, and does not decrease the setbacks agreed to and
by more than
10 percent from what was originally approved;
2. Modifications in the
configuration of the building(s), structure(s), or site plan;
3. Increases to the square
footage of a particular use category(e.g. residential, commercial)
not to exceed 10 percent from what was originally approved
provided all other applicable standards of this Ordinance are met;
4. Increases to building or structure height not to exceed 10 percent
or 10 feet from what was originally approved, whichever is
less, provided all other applicable standards of this Ordinance are
met;
5. Modifications to structure floor plans;
6. Modifications to the driveway locations not exceeding 10 percent
of the length of the subject property line, or as required by the
North Carolina Department of Transportation;
7. Modifications to the proportion of housing type not to exceed 10
percent from what was originally approved; and
8. Modifications of internal circulation patterns not impacting public
safety.
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3. A modification in the originally approved setbacks from roads or property
2022-10-03 - Unified Development Ordinance (UDO) Maintenance Amendment—
Board of Commissioners Approved Amendment—Updates
10.3.9. TREE REMOVAL PERMIT
A. Purpose
The purpose of this section is to provide a uniform mechanism for ensuring all
development complies with the standards in Section 5.3.4, Tree Retention
Standards.
B. Applicability
1. General
a. Unless a waiver, exemption, or exception applies in accordance with
subsection 2 below, no person, directly or indirectly, shall remove any
regulated tree identified in Section 5.3.4, Tree Retention Standards,
from public or private property without first obtaining a tree removal
permit in accordance with this section.
b. Unless a waiver, exemption, or exception applies in accordance with
subsection 2 below, tree removal permit authorizing approval is
required before any clearing, grading, or other authorizations are
issued under this Ordinance, including erosion and sedimentation
control permits (see Article 8: Erosion and Sedimentation Control) and
building permits. The portion of the free removal permit approving the
required mitigation plan shall not be required until after construction
plan approval.
c. An approved tree removal permit for new construction shall apply to the
entire site.