Article 2 - Measurements and Definitions_Updated_01-03-2023
Unified Development Ordinance | New Hanover County, NC 2-1
Article 2: Measurements and Definitions
Section 2.1. Measurements
BUILDABLE AREA
The portion of a lot remaining after required setbacks and yards are provided.
BUILDING HEIGHT (IN FEET)
The vertical distance measured from the average elevation of the proposed finished grade at
the front of the structure to one of the following (see Figure 2.1: Building Height Measurement):
1. The midpoint between eave and ridgeline on a simple sloped roof (e.g., gable or hip
roof) or curved roof (e.g., barrel roof);
2. Where there are multiple roof planes (e.g., gambrel or mansard roof), the highest
midpoint on a sloped or curved roof surface or the highest flat roof plane, whichever
is highest; or
3. The highest roof plane on a flat roof (not including any parapet wall).
Appurtenances usually required to be placed above the roof level and not intended for human
occupancy (e.g., antennas, chimneys, solar panels) shall not count toward the building height
(see Section 3.1.3.B, Structural Appurtenances). [09-08-2020][11-01-2021]
CALCULATIONS AND ROUNDING
Unless otherwise expressly stated, all calculations that result in a part or a fraction of a whole
number shall round as follows:
1. Any fractional result less than 0.5 shall be rounded down to the next (lower) consecutive
whole number; and
2. Any fractional result of 0.5 or more shall be rounded up to the next consecutive (higher)
whole number. [03-21-2022]
Figure 2.1: Building Height Measurement
DIAMETER AT BREAST HEIGHT (DBH)
The diameter or width of the main stem of a tree as measured 4.5 feet above the natural grade
at its base. Whenever a branch, limb, defect, or abnormal swelling of the trunk occurs at this
height, the diameter at breast height (DBH) shall be measured at the nearest point above or
below 4.5 feet at which a normal diameter occurs.
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DENSITY FACTOR
An intensity measure expressed as the number of units per "net buildable site acre" (as
calculated pursuant to 3.1.3.E.1, Site Capacity. The density factor establishes the permitted
density on the buildable portion of a site with an Additional Dwelling Allowance.
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. [10-03-2022]
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.
FLOOR AREA RATIO (FAR)
The total floor area of all structures located on lot divided by the gross lot area.
FAR = TOTAL FLOOR AREA OF ALL STRUCTURES ON A LOT
GROSS LOT AREA
In the B-2 district, parking deck area calculations shall be excluded from the total building area
calculations when computing the FAR.
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 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.
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Setbacks shall not be occupied or obstructed by a structure or portion of a structure, unless
otherwise allowed by another provision of this Ordinance.
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.B.3
may also be permitted in any setback.
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.
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.
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.
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.
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.
SIGN, HEIGHT
As applied to a sign, height shall be measured as the vertical distance between the highest part
of the sign or its supporting structure, whichever is higher, and a level plane going through the
nearest point of the improved public right-of-way at the ground-level curb line.
SIGN, SURFACE AREA OF
The surface area of a sign, which is computed as including the entire area within a regular
geometric form or combinations of regular geometric forms comprising all of the display area of
the sign and including all of the elements of the matter displayed. Frames and structural
members not bearing advertising matter shall not be included in computation of surface area.
SPACING BETWEEN BUILDINGS
The minimum distance, measured horizontally, from the closest point on one building to the
closest point of an adjacent building. The closest point shall include projections such as bump-
outs, bay windows, or similar projections, and eaves or roof overhangs that extend more than
two feet from the building. [11-16-2020]
YARD
An open space on the same lot with a structure, lying between the structure and nearest lot line,
that is unoccupied and unobstructed by the structure or any portion of the structure.
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YARD, FRONT
A yard extending between side lot lines across the front of a lot adjoining a public or
private street. Through lots shall be considered to have two front yards.
YARD, SIDE
A yard extending from the front setback line to the rear lot line.
YARD, REAR
A yard extending across the rear of the lot between inner side setback lines. In the case
of through lots and corner lots, there shall be no rear yards, but only front and side
yards.
Section 2.2. Rules of Construction
The rules in this section shall apply for construing or interpreting the terms and provisions of this
Ordinance.
2.2.1. MEANINGS AND INTENT
All provisions, terms, phrases, and expressions contained in this Ordinance shall
be interpreted in accordance with the general purposes set forth in Section 1.3,
General Purpose and Intent, and the specific purpose statements set forth
throughout the UDO. When a specific section of the UDO gives a different meaning
than the general definition provided in this article, the specific section’s meaning
and application of the term shall control.
2.2.2. HEADINGS, ILLUSTRATIONS, AND TEXT
In the event of a conflict or inconsistency between the text of this UDO and any
heading, caption, figure, illustration, table, or map, the text shall control. Graphics
and other illustrations are provided for informational purposes only and should not
be relied upon as a complete and accurate description of all applicable regulations
or requirements.
2.2.3. LISTS AND EXAMPLES
Unless otherwise specifically indicated, lists of items or examples that use terms
like "for example," "including," and "such as," or similar language are intended to
provide examples and are not exhaustive lists of all possibilities.
2.2.4. COMPUTATION OF TIME
A. In computing any period of time prescribed or allowed, the day of the act, event or
default from which the designated period of time begins to run shall not be included.
The last day of the period so computed shall be included, unless it is a Saturday,
Sunday or legal holiday, in which event the period shall run until the end of the next
day which is not a Saturday, Sunday, or legal holiday. When the period of time
prescribed or allowed is less than seven days, intermediate Saturdays, Sundays
and legal holidays shall be excluded in the computation.
B. The term "day" means a business day, unless a calendar day is indicated.
C. The term "month" means a calendar month.
D. The term “year” means a calendar year unless otherwise indicated.
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E. Whenever a person has the right or is required to do some act within a prescribed
period of time following the service of a notice or other document through mailed
delivery:
1. Three days shall be added to the prescribed period; and
2. The time period shall be counted starting from and including the post-
marked date.
2.2.5. REFERENCES TO OTHER REGULATIONS/PUBLICATIONS
Whenever reference is made to a resolution, ordinance, statute, regulation, or
document, it shall mean a reference to the most recent edition of such regulation,
resolution, ordinance, statute, regulation, or document, unless otherwise
specifically stated.
2.2.6. DELEGATION OF AUTHORITY
A. Any act authorized by this UDO to be carried out by the Planning Director may be
delegated by the Planning Director to a County employee under the Planning
Director’s authority or control.
B. Any act authorized by this UDO to be carried out by the County Engineer may be
delegated by the County Engineer to a County employee under the County
Engineer’s authority or control.
2.2.7. PUBLIC OFFICIALS AND AGENCIES
All public officials, bodies, and agencies to which references are made are those of
the New Hanover County, North Carolina, unless otherwise indicated.
2.2.8. MANDATORY AND DISCRETIONARY TERMS
The words "shall," "must," "should" and "will" are mandatory, establishing an
obligation or duty to comply with the particular provision. The word "may" is
permissive.
2.2.9. CONJUNCTIONS
Unless the context clearly suggests the contrary, conjunctions shall be interpreted
as follows:
A. "And" indicates that all connected items, conditions, provisions or events apply; and
B. "Or" indicates that one or more of the connected items, conditions, provisions,
2.2.10. TENSES AND PLURALS
Words used in the present tense include the future tense. Words used in the
singular number include the plural number and the plural number includes the
singular number, unless the context of the particular usage clearly indicates
otherwise. Words used in the masculine gender include the feminine gender, and
vice versa.
2.2.11. TERM NOT DEFINED
If a term used in this UDO is not defined in this UDO, the Planning Director is
authorized to interpret its meaning in accordance with Section 10.3.15,
Interpretation. Such interpreted meaning shall be based upon the definitions used
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in accepted sources—including, but not limited to, A Planners Dictionary, A
Glossary of Zoning, Development, and Planning Terms, and A Survey of Zoning
Definitions (all published by the American Planning Association), as well as general
dictionaries such as Merriam-Webster, American Heritage, Webster's New World,
and New Oxford American dictionaries.
2.2.12. USE AND OCCUPATION
The words “used” or “occupied” include the words intended, designed, or arranged
to be used or occupied.
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 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.
ACCESSORY STRUCTURE
A structure subordinate to a principal structure and use, the use of which is customarily found in
association with and is clearly incidental to the use of the principal structure of the land and
which is not attached by any part of a common wall or roof to the principal structure. (When a
specific structure is identified in this Ordinance as accessory to another use or structure, the
structure need not be customarily incidental to, or ordinarily found in association with, the
principal use to qualify as an accessory structure.) This definition does not apply to the
provisions of Article 9: Flood Damage Prevention; for that meaning, see Section 9.5: Definitions.
ACCESSORY USE, CUSTOMARY
A use of a structure or land that is subordinate and customarily incidental to, and ordinarily
found in association with, a principal use, which it serves; is subordinate in purpose, area, floor
area, intensity, and extent to the principal use, and; does not change the character of the
principal use.
ADDITIONAL DWELLING ALLOWANCE
A permit to exceed the residential density limit established in an applicable zoning district in
accordance with an additional density factor established by this ordinance.
ADDITIONAL HEIGHT ALLOWANCE
A permit to exceed the maximum height for a particular zoning district by a specified number of
feet and/or stories.
ADMINISTRATIVE DECISION
Decisions made in the implementation, administration, or enforcement of development
regulations that involve the application of objective standards set forth in this Ordinance. [05-03-
2021]
ADMINISTRATIVE DETERMINATION
A written, final, and binding order, requirement, or determination regarding an administrative
decision. [05-03-2021]
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ADULT DAY CARE
An establishment licensed pursuant to NCGS §131D and engaged in the provision of group
care and supervision of more than 5 adults in a place other than their permanent residence.
ADULT ENTERTAINMENT ESTABLISHMENT
Retail or service establishments which are characterized by an emphasis on specified sexual
activity and/or specified anatomical areas as defined in N.C.G.S. 14-202.10, including, but not
limited to:
A. Any bookstore, video store, or other establishment in which a substantial portion of its
stock in trade is devoted to printed matter or visual representation of specified sexual
activities or specified anatomical areas;
B. Any movie theater offering movies or other displays, or any establishments offering coin-
operated devices, which emphasize specified sexual activities or specified anatomical
areas;
C. Any cabaret, club, tavern, theater, or other establishment which offers any entertainment
emphasizing specified sexual activities or specified anatomical areas;
D. Any establishment offering massage or similar manipulation of the human body, unless
such manipulation is administered by a medical practitioner, chiropractor, acupuncturist,
physical therapist, or similar professional licensed by the State. This definition does not
include massages or similar manipulation offered at an athletic club, health club, school,
gymnasium, spa, or similar establishments;
E. Any establishment, agency, entity, or private club other than a hotel, motel, or similar
lodging establishment offering public accommodations, that provides for any form of
consideration, gratuity, or membership fee a place and/or equipment where two or more
persons may congregate, associate, or consort for the purposes of specified sexual
activities or the exposure of specified anatomical areas. [05-03-2021]
AGRICULTURAL AND FORESTRY USES, GENERAL
Uses characterized by general active and ongoing agricultural activities, including agronomy,
animal husbandry, aquaculture, biotechnical agriculture (including education parks for
biotechnical agriculture or a demonstration farm), forestry, fisheries, apiculture, and similar
uses. For the purposes of this UDO, this definition shall include any property used for bona fide
farm purposes as defined in N.C.G.S. 160D-903. [11-16-2020] [05-03-2021]
AIRPORT
For purposes of Section 5.10, Airport Height Restriction, the Wilmington International Airport.
AIRPORT AND TERMINAL
Establishments providing air traffic control to regulate the flow of air traffic; establishments that
operate international, national, or civil airports or public flying fields; or that support airport
operations (such as rental of hangar spaces, cargo handling services, and passenger parking
lots); and establishments providing specialty air transportation or flying services.
AIRPORT AUTHORITY
For purposes of Section 5.10, Airport Height Restriction, the New Hanover County Airport
Authority and its agents, who are charged with administering the operations of the Wilmington
International Airport.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet from sea level
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ALLEY STREET
See “Street, Alley”.
AMATEUR RADIO ANTENNA
Amateur radio antennas as prescribed in North Carolina General Statutes §160D-905. [09-08-
2020]
ANIMAL GROOMING SERVICE
A commercial establishment where a pet may be bathed, brushed, clipped, trimmed, and/or
styled for the purposes of enhancing its appearance and/or health. This use typically includes
an accessory retail component that is subordinate to the grooming service. This use does not
include the breeding, boarding, training, raising, or selling of any animals; for those activities,
see “Kennel”. [11-16-2020]
ANIMAL SHELTER
A non-residential facility that is used to house or contain animals, and is owned, operated, and
maintained for the purpose of providing temporary kenneling and care for the animals and
finding permanent adoptive homes for them.
ANIMATED SIGN
See “Sign, Animated”.
ANTENNA
Communications equipment that transmits, receives, or transmits and receives electromagnetic
radio signals used in the provision of all types of wireless communications services. [09-08-2020]
APPLICANT
A person who submits an application for a text amendment, zoning map amendment,
conditional zoning map amendment, planned development, subdivision, or other development
approval or permit under this UDO. [05-03-2021]
APPLICATION
A formal application form submitted by an applicant for a text amendment, zoning map
amendment, conditional zoning map amendment, planned development, subdivision, or other
development approval or permit under this UDO. [05-03-2021]
APPROACH SURFACE
A surface longitudinally centered on the extended runway centerline, extending outward and
upward from the end of the primary surface and at the same slope set forth in Section 5.10 of
this Ordinance. In plan, the perimeter of the approach surface coincides with the perimeter of
the approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES
See Section 5.10.6, Airport Zones.
ARCHITECTURAL STEPBACK
An architectural design element where portions of a building, above a certain height, excluding
structural appurtenances, are located further away from property lines to push height toward the
center of a property and allow for transitions between taller heights and rooflines of smaller
neighboring structures. [11-01-2021]
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ARTERIAL STREET
See “Street, Arterial”.
ARTISAN MANUFACTURING
On-site production of goods by hand manufacturing involving the use of hand tools and small-
scale light mechanical equipment. Typical uses include woodworking and cabinet shops,
ceramic studios, jewelry manufacturing and similar types of arts and crafts or very small-scale
manufacturing uses that have very limited, if any, negative external impacts on surrounding
properties, water resources, air quality, and/or public health.
AUCTION HOUSE
An establishment where the real or personal property or others is sold by a broker or auctioneer
to persons who attend scheduled sales or events. [11-16-2020]
BANK AND/OR FINANCIAL INSTITUTION
A facility that has as its primary purpose the custody, loan, exchange, or issue of money, the
extension of credit, and transmission of funds. Accessory uses may include automated teller
machines (ATMs) and facilities providing drive-through services.
BANNER SIGN
See “Sign, Banner”.
BAR/NIGHTCLUB
A non-restaurant establishment that generates more than 49 percent of its quarterly gross
receipts from the sale of alcoholic beverages for on-premises consumption. Bars and
nightclubs may provide live music (bands) and other music, dancing, and games of skill such as
pool or darts for use by the patrons of the establishment.
BARRIER ISLANDS
Any land formation composed of unconsolidated materials lying on the ocean side of the
mainland. Estuaries or wetlands separate the islands from the mainland.
BASAL AREA, OF A TREE
The cross-section area in square feet of the trunk of a single tree measured at 4 feet above the
ground (i.e., at breast height). [11-14-2022]
BASAL AREA, OF A TREE STAND
The total basal area in square feet per acre of all trees in a stand. [11-14-2022]
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BASE STATION
For the purposes of the Communications and Information Facilities standards of Subsection
4.3.3., “base station” shall mean a station at a specific site authorized to communicate with
mobile stations, generally consisting of radio receivers, antennas, coaxial cables, power
supplies, and other associated electronics. [09-08-2020]
BED AND BREAKFAST INN
A place of lodging that located in a single family detached dwelling unit with a resident manager
that provides 5 or fewer guest rooms and breakfast for transient occupants.
BEDROOM
A room designated as sleeping or bedroom on the plans and permit application. [05-03-2021]
BLOCK
A parcel of land, which is entirely surrounded by streets, highways, railroad rights-of-way, parks
or green strips, rural land or drainage channels, or a combination thereof.
BOARD OF ADJUSTMENT
The New Hanover County Board of Adjustment charged with the responsibility of hearing and
deciding appeals and requests for variance from the requirements of this UDO.
BOAT
A vessel or watercraft of any type or size specifically designed to be self-propelled, whether by
engine or sail, including yachts, pontoon boats, sail boats, personal watercraft such as Jet-
Skis®, and motorized inflatable boats such as Zodiacs®. For the purposes of this ordinance,
this definition does not include small watercraft, as herein defined. [09-08-2020]
BOAT DEALER
Uses engaged primarily in the sale of personal, consumer-oriented boats.
BOATING FACILITY, COMMUNITY
A private, non-profit boating facility including a dock, pier and/or launching ramp on property
having water frontage; the use of which is intended to serve five or more residential lots or
residential units. The use of such a facility is limited to the residence owners or tenants and their
invited guests and does not include commercial activities of any kind.
BOATING FACILITY, PRIVATE RESIDENTIAL
A private, nonprofit boating facility including a dock, pier, and/or launching ramp on property
having water frontage, the use of which is to service fewer than five residential lots or units. The
use of such facility is limited to the residence owners or tenants and their invited guests and
does not include commercial activities of any kind.
BONA FIDE FARM PURPOSES
Agricultural activities as set forth in N.C.G.S. 160D-903. [05-03-2021]
BROADCASTING AND PRODUCTION STUDIO
Facilities for the filming, recording, and/or broadcasting of radio, television, film, music, and/or
internet media content.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy. [05-03-2021]
BUILDING BASE
The lower levels of a building that do not exceed 4 stories or 50 feet, whichever is less, and are
distinguished architecturally from the upper floors of the building.
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BUS AND TAXI TERMINAL
A facility that includes a lot and related building(s) utilized for the operations, maintenance,
and/or storage of bus, coach, taxi, or similar transportation services. A terminal shall not include
a location where the bus stops to drop off or take on passengers when there are not operational
facilities.
BUSINESS SERVICE CENTER
An establishment engaged in providing mailbox rental and other postal and mailing services;
copy centers or shops engaged in providing photocopying, duplicating, blueprinting, and other
document copying services without also providing print services; and businesses providing a
range of office support services, such as mailing services, document copying services, facsimile
services, word processing services, on-site computer rental services, and accessory office
product sales.
CAMPGROUND/RECREATIONAL VEHICLE (RV) PARK
Any parcel or tract of land upon which campsites are occupied or intended to be occupied by
tents for overnight camping or upon which recreational vehicles are occupied for sleeping
purposes, regardless of whether or not a charge is made for such purposes.
CAR WASH
A facility for washing or steam cleaning passenger automobiles (including self-service
operations), operating either as a separate facility or when installed and operating in conjunction
with another use, and which installation includes equipment customarily associated with a car
wash and which is installed solely for the purpose of washing and cleaning automobiles.
CEMETERY
Land or facilities used for the permanent interment of humans or animals or their cremated
remains, such as a mausoleum, columbarium, memorial park, and pet cemetery.
CERTIFICATE OF OCCUPANCY
The certificate from the County Inspections Department allowing the occupancy of a building.
CHILD CARE CENTER
An arrangement where, at any one time, there are three or more preschool-age children or nine
or more school-age children receiving child care, unless excluded by NCGS §110-86(2).
CIRCUSES, CARNIVALS, AND FAIRS
Itinerant enterprises consisting of amusements such as games, mechanical rides, acrobatic or
magic shows, animal shows, and the exhibition of agricultural or other products.
COASTAL AREA MANAGEMENT ACT (CAMA)
North Carolina’s Coastal Area Management Act, this act, along with the Dredge and Fill Law
and the Federal Coastal Zone Management Act, is managed through North Carolina
Department of Environmental Quality (NCDEQ’s) Division of Coastal Management (DCM). This
definition does not apply to the provisions of Article 9: Flood Damage Prevention; for that
meaning, see Section 9.5: Definitions
COASTAL BARRIER RESOURCES SYSTEM (CBRS)
Consists of undeveloped portions of coastal and adjoining areas established by the Coastal
Barrier Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990,
and subsequent revisions, and includes areas owned by Federal or state governments or
private conservation organizations identified as Otherwise Protected Areas (OPA).
COLLECTOR STREET
See “Street, Collector”.
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COLLEGES, UNIVERSITIES, AND PROFESSIONAL SCHOOLS
A public or private, non-profit institution for post-secondary education offering courses in general
or technical education that operates within buildings or premises on land owned or leased by
the institution for administrative and faculty offices, classrooms, laboratories, chapels,
auditoriums, lecture halls, libraries, student and faculty centers, athletic facilities, dormitories,
and other facilities that further the educational mission of the institution. In no event shall this
definition prohibit a college or university from engaging in an activity historically conducted in
such institutions.
COLLOCATION
The placement, installation, maintenance, modification, operation, or replacement of wireless
facilities on, under, within, or on the surface of the earth adjacent to existing structures,
including utility poles, water towers, buildings, and other structures capable of structurally
supporting the attachment of wireless facilities in compliance with applicable codes. The term
does not include the installation of new utility poles, or wireless support structures. [09-08-2020]
COMMERCIAL KITCHEN, CATERING
An establishment whose principal business is to prepare food on-site, then to transport and
deliver or serve off-site. No business consumption of food or beverages is conducted on the
premises. [11-16-2020]
COMMERCIAL PARKING LOT OR FACILITY
An off-street, hard-surfaced, ground level area—or a structure composed of one or more levels
or floors—that is used as a commercial enterprise for the parking of personal automobiles, is not
accessory to any other use on the same lot, and contains parking spaces rented to the general
public or reserved for individuals by the hour, day, week, or month. This definition shall not
include storage of vehicles awaiting repair, pending insurance or legal action, awaiting
demolition, or vehicles stored for the stripping of parts.
COMMERCIAL RECYCLING FACILITY, LARGE COLLECTION
A facility greater than 500 square feet in size that buys or accepts recyclable materials for the
purpose of storage until enough has accumulated for shipment.
COMMERCIAL RECYCLING FACILITY, PROCESSING
A facility that uses power-driven machinery to prepare recyclable materials for shipment.
Machinery used in the processing of the materials includes shredders, balers, brickers, and can
compactors.
COMMERCIAL RECYCLING FACILITY, PROCESSING AND COLLECTION
A facility that both collects and processes recyclable materials.
COMMERCIAL RECYCLING FACILITY, SMALL COLLECTION
A facility no greater than 500 square feet in size that is used as a drop point for temporary
storage of recyclable materials, such as metal, glass, plastics, and/or newspapers, as the
principal use of a parcel.
COMMUNITY CENTER
A meeting, recreational, and/or social facility provided by the government or a nonprofit
institution for public use.
COMMUNITY GARDEN
An area managed and maintained by a group of individuals to grow and harvest fruits, flowers,
vegetables, or ornamental plants for personal or group consumption, for donation, or for
incidental sale. [11-16-2020]
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CONDITIONAL ZONING
A legislative zoning map amendment with site-specific conditions incorporated into the zoning
map amendment. [05-03-2021]
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal surface at a slope
of 20 to 1 for a horizontal distance of 4,000 feet.
CONSTRUCTION OFFICE
Modular units or other structures used solely as field offices for contractors during the duration
of a specific construction project.
CONSTRUCTION PLANS
See “Subdivision Construction Plans”.
CONTRACTOR OFFICE
An establishment primarily engaged in the day-to-day administrative and clerical services for
businesses providing contracted services, such as building contractors, heating and air
conditioning (HVAC) repair, landscaping and janitorial services, etc., that require outside and/or
fleet storage. The use may include some on-site repair and material preparation work.
CONVENIENCE STORE
A small retail self-service store selling a limited line of fast-moving food and nonfood items,
usually with extended hours of operation and usually with a high volume of customer traffic
comprised of quick transactions of a small number of items. Includes fuel sales as an
accessory use.
COUNTY
New Hanover County, North Carolina, a political subdivision of the State of North Carolina.
COUNTY ENGINEER
A Professional Engineer, registered in the State of North Carolina, employed by the County
Board of Commissioners to provide engineering services to New Hanover County.
CRITICAL AREA
The area adjacent to a water supply intake or reservoir where risk associated with pollution is
greater than from remaining areas of the watershed. The critical area is defined as extending
either one-half mile from the normal pool elevation of the surface water in which the intake is
located or to the ridge line of the watershed, whichever comes first; or, one-half mile upstream
form the intake located directly in the stream or run-of-the-river or the ridge line of the
watershed, whichever comes first.
CUL-DE-SAC STREET
See “Street, Cul-de-sac”.
DATA CENTER
An establishment primarily engaged in providing infrastructure (e.g., computer systems and
associated components such as telecommunications and storage systems) for data processing
and storage, web hosting, application hosting, streaming services, and related services. [11-16-
2020]
DEBRIS SITE
A site for the temporary storage of trees, branches, shrubs, and logs and other similar
vegetative debris resulting from a natural disaster.
2-14 New Hanover County, NC | Unified Development Ordinance
DECISION-MAKING BODY OR DECISION-MAKING BOARD
The authorized body or person assigned to make decisions under this ordinance. [05-03-2021]
DEVELOPER
A person, including a governmental agency or redevelopment authority, who undertakes any
development and who is the landowner of the property to be developed or who has been
authorized by the landowner to undertake development on that property. [05-03-2021]
DEVELOPMENT
Any of the following:
A. The construction, erection, alteration, enlargement, renovation, substantial repair,
movement to another site, or demolition of any structure.
B. The excavation, grading, filling, clearing, or alteration of land.
C. The subdivision of land as defined in G.S. 160D-802.
D. The initiation or substantial change in the use of land or the intensity of use of land.
This definition does not alter the scope of regulatory authority granted by this Ordinance. [05-03-
2021]
DEVELOPMENT APPROVAL
An administrative or quasi-judicial approval made pursuant to this Ordinance that is written and
that is required prior to commencing development or undertaking a specific activity, project, or
development proposal. Development approvals include, but are not limited to, zoning
compliance, site plan approvals, special use permits, and variances. The term also includes all
other regulatory approvals required by regulations adopted pursuant to N.C.G.S. Chapter 160D,
including plat approvals, permits issued, development agreements entered into, and building
permits issued. [05-03-2021]
DEVELOPMENT ENVELOPE
The amount of land area required to accommodate the essential site improvements required to
construct the proposed use. [11-14-2022]
DEVELOPMENT REGULATION
A unified development ordinance, zoning regulation, subdivision regulation, erosion and
sedimentation control regulation, floodplain or flood damage prevention regulation, stormwater
control regulation, wireless telecommunication facility regulation, housing code, State Building
Code enforcement, or any other regulation adopted pursuant to this ordinance and/or N.C.G.S.
Chapter 160D, or a local act or charter that regulates land use or development. [05-03-2021]
DIRECTIONAL SIGN (ON PREMISES)
See “Sign, Directional (on premises)”.
DISABLED PERSON
Individuals with disabilities, including individuals recovering from alcoholism and/or drug
addiction, who are protected by either the provisions of the Americans with Disabilities Act of
1990, 42 USC 12101, the Fair Housing Act, 42 USC 3601 et. seq., or Chapter 168, Article 3,
N.C.G.S.
DOMESTIC ANIMAL
Dogs, cats, rodents, birds, reptiles, fish, pot-bellied pigs weighing less than 70 pounds, and any
other species of animal that is commonly kept as a household pet in the County. This term does
not include skunks, nonhuman primates, and other species of wild or exotic animals.
Unified Development Ordinance | New Hanover County, NC 2-15
DOWN-ZONING
A text or map amendment that affects an area of land in one of the following ways: (1) By
decreasing the development density of the land to be less dense than was allowed under its
previous usage. (2) By reducing the permitted uses of the land that are specified in this
ordinance to fewer uses than were allowed under its previous usage. [05-03-2021]
DRY CLEANING/LAUNDRY PLANT
An establishment engaged in providing dry cleaning or laundering services on-site or specialty
cleaning services for specific types of garments and other textile items, such as fur or leather,
on-site. This does not include drop-off dry cleaning and/or laundering shops.
DRY STACK BOAT STORAGE FACILITY
A facility with vertical storage of boats in a rack system, providing for storage of at least two
layers of boats.
DWELLING
Any building, structure, manufactured home, or mobile home, or part thereof, used and
occupied for human habitation or intended to be so used, and includes any outhouses and
appurtenances belonging thereto or usually enjoyed therewith. [05-03-2021]
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking, and sanitation. [05-03-2021]
DWELLING, DUAL-UNIT ATTACHED
A dwelling containing two dwelling units sharing a common wall that is part of a performance
residential, mixed use, or master planned development. Each dwelling unit is occupied
exclusively by one family.
DWELLING, MULTI-FAMILY
A residential development other than a townhouse dwelling containing five or more dwelling
units. Units may be located side by side in a horizontal configuration or stacked one above the
other in a vertical configuration, sharing common vertical walls or horizontal floors and ceilings.
Multifamily dwellings include what are commonly called apartments or condominium units.
DWELLING, QUADRAPLEX
A residential building containing four dwelling units, which are either located side-by-side (four in
a row), or two units on the first floor with two units located above.
DWELLING, ROW-STYLE
A residential development containing five or more dwelling units that are attached horizontally
through common walls, occupying space from the ground to the roof of the building.
DWELLING, SINGLE-FAMILY DETACHED
A single detached dwelling unit on a lot, other than a mobile home dwelling and excluding any
accessory dwelling unit.
DWELLING, TRIPLEX
A residential building containing three dwelling units, where the units are attached by common
walls.
DWELLING, TWO-FAMILY (DUPLEX)
A dwelling containing two dwelling units sharing a common wall that is not part of a performance
residential subdivision or is on an individual lot. Each dwelling unit is occupied exclusively by
one family. A two-family or duplex dwelling may include two-story units where a floor/ceiling
have the function of a common wall.
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EASEMENT
A grant by the property owner for use, by the public, a corporation or person of a strip of land for
specific purposes.
ELECTRIC SUBSTATION
A subsidiary station of an electricity generation, transmission, and distribution system where
voltage is transformed from high to low or the reverse using transformers.
ELECTRIC VEHICLE CHARGING STATION
A vehicle parking space served by an electrical component assembly or cluster of component
assemblies (battery charging station) designed and intended to transfer electric energy by
conductive or inductive means from the electric grid or other off-board electrical source to a
battery or other energy storage device within a vehicle that operates, partially or exclusively, on
electric energy. [11-16-2020]
ELECTRICITY GENERATING FACILITIES
A standalone plant not ancillary to another land use which generates electricity to be distributed
to customers, including but not limited to fossil fuel burning facilities and wind power farms. This
definition shall not include electricity produced at or on an agricultural farm, residence, business,
or other facility where use of the electricity so produced is limited primarily to on-site
consumption. Solar energy collection facilities are a type of electricity generating facility;
however, for the purposes of this ordinance, they are considered a separate use in the Table of
Permitted Uses.
ELECTRONIC GAMING OPERATION
A business enterprise, whether principal or accessory, where persons utilize electronic
machines, including but not limited to computers and gaming terminals, to conduct games of
odds or chance, including sweepstakes, and where cash, merchandise, or other items of value
are redeemed or otherwise distributed, whether or not the value of such distribution is
determined by electronic games played or by predetermined odds. Electronic Gaming
Operations do not include any lottery approved by the State of North Carolina.
ELEMENTARY AND SECONDARY SCHOOLS
An educational institution that offers a program of high school, technical high school, middle
school (or junior high school), and/or elementary school (including kindergarten, pre-k, pre-k-8,
or nursery school) instruction meeting State requirements for a school. Such uses include
classrooms, laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities,
dormitories, and other facilities that further the educational mission of the institution. [11-16-2020]
ELIGIBLE FACILITIES REQUEST
A request for modification of an existing wireless tower or base station that involves collocation
of new transmission equipment or replacement of transmission equipment but does not include
a substantial modification. [09-08-2020]
EMERGENCY SERVICES FACILITY
An establishment for the provision of emergency services, such as fire, rescue and emergency
medical service, and associated emergency preparedness, emergency management, or
disaster management activities. [11-16-2020]
EQUESTRIAN FACILITY
A facility for keeping equines not associated with an agricultural or residential use and which
includes the boarding, breeding, training, riding, or showing of the domestic animals.
Unified Development Ordinance | New Hanover County, NC 2-17
EQUIPMENT COMPOUND
An area surrounding or near the base of a wireless support structure within which a wireless
facility is located. [09-08-2020]
EQUIPMENT RENTAL AND LEASING
Facilities for the sale, rental, or lease of commercial vehicles and heavy equipment.
ESSENTIAL SITE IMPROVEMENTS
Any construction or reconstruction of the site development features required by any local, state,
or federal regulations, ordinances, or laws, located within the limits of disturbance, such as
buildings parking, utilities, stormwater management or other items proposed for construction or
redeveloped on the site. [11-14-2022]
EVENT CENTER
A commercial establishment, either indoors or outdoors, with the primary purpose of providing
space for meetings, gatherings, reunions, weddings, conventions, private parties, and other
similar gatherings. Includes convention centers, wedding and event venues, and other uses not
included as part of community centers; lodges, fraternal, or social organizations; or religious
assemblies. [11-16-2020]
FAMILY [10-03-2022]
One or more persons occupying a single dwelling unit, provided that unless all members are
related by blood, adoption, 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 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.
FAMILY CARE HOME
A home with support and supervisory personnel that provides room and board, personal care,
and rehabilitation services in a family environment for not more than six resident handicapped
persons.
FAMILY CHILD CARE HOME
An arrangement located in a residence where, at any one time, more than two children, but less
than nine children, receive child care, unless excluded by NCGS §110-86(2).
FARM IMPLEMENT SALES
An establishment engaged in the on-premises lease, rental, or retail sales of new or used
machinery, tools, supplies, and small appliances designed and used for agricultural or
horticultural use. This use includes the sale of farm-specific vehicles such as tractors, tillers,
and farm trailers, but does not include the sale of industrial equipment used in the processing of
farm products at locations removed from the farm where such products are grown.
FARM STAND
An area for the temporary or seasonal sales and promotion of agricultural products, generally
located on the farms where products are grown.
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FARMERS’ MARKET
A collective enterprise selling directly to the public and operated under a unified set of
management guidelines and restrictions, concentrated in a single location, and leasing or
otherwise assigning spaces to growers/producers who personally sell fresh produce and related
farm products.
FENESTRATION
The arrangement and design of openings, such as windows, within a building.
FINAL PLAT
See “Plat, Final”.
FLAG SIGN
See “Sign, Flag”.
FLASHING SIGN
See “Sign, Flashing”.
FLOATING STRUCTURE
Any structure or vessel in fact used, designed, and occupied as a permanent dwelling unit,
business or source of any occupation, or any private or social club, which floating structure or
vessel is primarily immobile and out of navigation or which functions substantially as a land
structure while the same is moored or docked on waters within County jurisdiction, whether
such floating structure is self-propelled or not.
FLOODWAY
See Article 9: Flood Damage Prevention, Section 9.5 for definition.
FOREST MANAGEMENT PLAN
A document that defines a landowner’s forest management objectives and describes specific
measures to be taken to achieve those objectives. The plan shall be prepared by a licensed
forester and shall include silviculture practices that both ensure optimal forest productivity and
environmental protection of land. (NC Division of Forest Resources and NC Cooperative
Extension Service can provide educational materials and lists of licensed foresters.)
FOOD MARKET
An establishment that offers specialty food products at retail, such as meat, seafood, produce,
artisanal goods, baked goods, pasta, cheese, confections, coffee, and other specialty food
products, and may also offer additional food and non-food commodities related or
complementary to the specialty food products.
FOOD PANTRY
A facility where stocks of food and personal care items, typically basic provisions and
nonperishable items, are supplied free of charge to people in need. This use does not include
food pantry as an accessory use to a Religious Assembly principal use, nor does it include
incidental structures commonly referred to as Little Free Pantries. [11-16-2020]
FOUNDATION PLANTINGS
A required planting area between the curb line or edge of a parking facility or drive isle and the
building's facade. See Section 5.4.7, Foundation Plantings.
FRATERNITY/SORORITY RESIDENCE
A building or structure occupied and maintained for residential uses exclusively for college or
university students who are members of a social, honorary, or professional organization
chartered by a national, fraternal, or sororal order.
Unified Development Ordinance | New Hanover County, NC 2-19
FREEBOARD
See Article 9: Flood Damage Prevention, Section 9.5 for definition.
FUEL BULK STORAGE FACILITIES
A facility whose primary purpose is the storage, distribution, mixing, or transfer of flammable or
combustible liquids, gases, or solids, received or transferred by truck, train, tank vessel,
pipelines, tank car, piping, portable tank or containers, or other method, including propane,
methane, ethanol, gasoline, kerosene, oil, coal, and other fuels. This definition shall not include
fueling stations; retail oil or gas dealers; or fuel stored at or on an agricultural farm, residence,
business, or other facility where fuel usage is limited primarily to on-site consumption.
FUEL PUMP ISLAND
Any device or group of devices used for dispensing motor fuel or similar petroleum products to
the general public.
FUEL SALES
A facility engaged in the storage, distribution, and retail sales of vehicle fuels for personal
vehicles, fleet vehicles, and/or trucks.
FUNERAL SERVICES
Establishments engaged in preparing the dead for burial or interment and conducting funerals.
Funeral Services includes crematories as an accessory use.
GENERAL USE ZONING
A legislative zoning map amendment to a conventional zoning district, as defined in N.C.G.S.
160D-703, without site-specific conditions incorporated into the zoning map amendment. A
general use zoning map amendment may be referred to as a “straight rezoning”. [05-03-2021]
GOLF COURSE
A tract or tracts of land laid out for at least nine holes for playing the game of golf, and which
may include a clubhouse, golf schools, driving ranges, and accessory uses such as
restaurants/bars, pro shops, and related facilities.
GOVERNMENT OFFICES AND BUILDINGS
An office of a governmental unit or agency that provides administrative and/or direct services to
the public such as, but not limited to: employment offices, public assistance offices, motor
vehicle licensing, and registration services.
GROCERY STORE
An establishment that offers a diverse variety of unrelated, non-complementary food and non-
food commodities such as beverages, dairy, dry goods, fresh produce, and other perishable
items, frozen foods, household products, and paper goods; may include a prescription
pharmacy, coffee shop, and/or delicatessen and prepare minor amounts of food on-site for
immediate consumption.
GROUP DEVELOPMENT
A group of two or more principal structures built on a single lot, tract, or parcel of land and
designed for occupancy by separate families, firms, businesses, or other enterprises.
GROUP HOME
A home in which more than three unrelated persons with a disability, as defined in the U.S. Fair
Housing Act, 42 U.S.C. 3601 et seq., live together as a self-supporting and self-sufficient
household unit.
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HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient
utilization of navigable airspace.
HAZARDOUS MATERIAL
Any substance listed as such in the Superfund Amendments Reauthorization Act (SARA),
Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section
311 of CWA (oil and hazardous substances).
HEIGHT
For the purpose of determining the height limits in all zones set forth in Section 5.10, Airport
Height Restriction, the datum shall be mean sea level elevation unless otherwise specified.
HELIPORT
A facility designed to accommodate all phases of helicopter operations, with space for a
terminal and the loading, unloading, service, and storage of helicopters, including accessory
uses commonly associated with an airport terminal.
HIGH DENSITY DEVELOPMENT
A development with an Additional Dwelling Allowance permit.
HOME OCCUPATION
A business, profession, occupation, or trade that is conducted within a residential dwelling unit
for the economic gain or support of a resident of the dwelling, and is incidental and secondary to
the residential use of the lot.
HORIZONTAL SURFACE
For purposes of Section 5.10, Airport Height Restriction, the horizontal plane 150 feet above the
established airport elevation, the perimeter of which in plan coincides with the perimeter of the
horizontal zone.
HOSPICE
A licensed hospice facility which provides palliative care and supportive medical and other
health services to meet the physical, psychological, social, spiritual, and special needs of
terminally ill patients and their families in a group residential setting. [11-16-2020]
HOSPITAL
An institution receiving inpatients and rendering medical care on a 24-hours-per-day basis. The
term includes general hospitals, sanitariums, sanatoriums, and institutions in which service is
limited to special fields, such as cardiac; eye, ear, nose, and throat; pediatric; orthopedic; skin;
cancer; mental; tuberculosis; chronic disease; and obstetrics. The facilities may also include
outpatient care, ambulatory care, offices of medical practitioners, adult day care, respite care,
medical day care and day care for sick children, gift shops, restaurants, heliports, and other
customary accessory uses. The term shall not include “adult day care center,” “assisted living
facility,” or “nursing home facility.” [05-03-2021]
HOTEL OR MOTEL
A building or a group of buildings in which six or more sleeping units are offered to the public
and intended primarily for use by transient persons or tourists on an overnight or short-term
lodging basis. Such uses may include kitchenettes, microwaves, and refrigerators within the
guest units.
INCIDENTAL SIGN
See “Sign, Incidental”.
Unified Development Ordinance | New Hanover County, NC 2-21
INDOOR RECREATION ESTABLISHMENT
A commercial establishment that provides indoor facilities for recreation, entertainment (except
adult entertainment), or amusement, including but not limited to: bowling alleys, pool rooms,
indoor sports gymnasiums, movie theaters and live theaters, indoor skating rinks, video
arcades, and indoor shooting ranges.
INOPERATIVE MOTOR VEHICLE
A motor vehicle which meets only one of the following criteria:
(A) Is presently unable to satisfy the vehicle inspection standards of the State of
North Carolina, regardless of whether the vehicle possesses a currently valid
inspection certificate. Motor vehicles which lack such an inspection certificate, or
which display an expired certificate, shall be presumed to be inoperative; or
(B) Is partially dismantled or wrecked; or
(C) Cannot be self-propelled or moved in the manner in which it originally was
intended to move.
INSTRUCTIONAL SERVICES AND STUDIOS
Establishments primarily engaged in teaching skills within a group setting pertaining to
specialized recreational or artistic pursuits, including but not limited to, dance studios, yoga
studios, fitness classes, martial arts, painting, sculpting, and singing. [11-16-2020]
INTEGRAL SIGN
See “Sign, Integral”.
INTENSIVE INDUSTRY
Uses listed under the heading “intensive industry” in the Table of Permitted Uses shall be
considered intensive industry uses.
INTERIOR LOT
See “Lot, Interior”.
INVASIVE SPECIES
A species of tree or other plant listed as a nonnative invasive plant by the US Department of
Agriculture, Forest Service. [11-16-2020]
JUNK YARDS, SCRAP PROCESSING
An establishment or place of business maintained, operated, or used for storing, keeping,
buying, or selling of junk materials such as old or scrap copper, brass, rope, rags, batteries,
paper, trash, rubber or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel,
or other old or scrap ferrous or non-ferrous metal.
KENNEL
An establishment, including doggy day cares, that engages in the business, for a fee, or
boarding, breeding, grooming, or training of more than three domesticated animals at any one
time; or an establishment in the business, for a fee, of selling more than one litter of
domesticated animals at any one time or the selling of any three individual domesticated
animals (not defined as litter herein) at any one time. The following shall not constitute the
operation of a kennel:
(A) The ownership of domesticated animals as household pets;
(B) The ownership of domesticated animals for hunting or tracking purposes;
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(C) The ownership of domesticated animals for the purpose of exhibiting at shows,
obedience or field trials; and
(D) The ownership of domesticated animals for the purpose of protection of guarding
of residences or commercial establishments.
KINETIC SIGN
A sign that depicts motion either illusory or real.
LABOR ORGANIZATION
An office or other establishment used by an organization, agency, committee, or group for the
purpose of undertaking activities on the behalf of employees of an industry or industries in
regard to collective contracts or general conditions of employment.
LAKES AND PONDS
Natural or artificial bodies of water which retain water year round. Artificial ponds may be
created by dams or may result from excavation.
LANDFILL, DEMOLITION
A sanitary landfill that receives, stores, and/or processes concrete, brick, wood, or other
construction and development debris materials.
LANDFILL, LANDSCAPE
A sanitary landfill that is limited to receiving, storing, and/or processing of stumps, limbs, leaves,
uncontaminated earth or other vegetative debris or earth materials.
LANDOWNER OR OWNER
The holder of the title in fee simple. Absent evidence to the contrary, the County may rely on the
county tax records to determine who is a landowner. The landowner may authorize a person
holding a valid option, lease, or contract to purchase to act as his or her agent or representative
for the purpose of making applications for development approvals. [05-03-2021]
LARGER THAN UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller driven aircraft of greater
than 12,500 pounds maximum gross weight and jet powered aircraft.
LIBRARY
A public and/or nonprofit facility in which literary, musical, artistic, or reference material such as,
but not limited to, books, manuscripts, computers, recordings, or films are kept for use by or
loaning to patrons of the facility, but are not normally offered for sale.
LIVE/WORK OR CARETAKER UNIT
A structure or portion of a structure that combines a nonresidential use that is allowed in the
zoning district with a residential living space for the owner of the commercial or manufacturing
business, or the owner’s employee, and that person’s household and where the resident owner
or employee of the business is responsible for the commercial or manufacturing activity
performed.
LIVESTOCK SALES
An establishment primarily engaged in the sale and distribution of livestock and may include
livestock auction sales.
LOCAL STREET
See “Street, Local”.
Unified Development Ordinance | New Hanover County, NC 2-23
LODGES, FRATERNAL, & SOCIAL ORGANIZATIONS
An incorporated or unincorporated association for civic, social, cultural, religious, fraternal,
literary, political, recreational or like activities, operated on a nonprofit basis for the benefits of its
members, and certified as a non-profit organization by the Secretary of State of the State of
North Carolina.
LOT
One or more contiguous properties or portions thereof, not separated by a public right-of-way.
Such "lots" shall be of sufficient size to meet minimum zoning district requirements for use,
coverage, and area, and provide such yards and open space as are required for the location of
a principal building or use and its accessory buildings and uses. The word lot also includes the
words "plot" and "parcel".
LOT DEPTH
The mean horizontal distance between front and rear lot lines.
LOT FRONTAGE
That portion of a lot abutting on a street, including the side dimension of a corner lot.
LOT OF RECORD
A lot which is part of a subdivision recorded in the Office of the Register of Deeds, or a lot or
parcel described by metes and bounds, the description of which is recorded.
LOT TYPES
Lot types include corner, interior, and through lots.
LOT, CORNER
A lot located at the intersection of two or more streets.
LOT, INTERIOR
A lot other than a corner lot with only one frontage on a street.
LOT, THROUGH
A lot other than a corner lot with frontage on more than one street. Through lots abutting
two streets may be referred to as double frontage lots.
MAJOR SUBDIVISION
See “Subdivision, Major”. [03-21-2022]
MARINA, COMMERCIAL
Any dock or basin and associated structures commercially providing permanent or temporary
harboring or storing of two or more boats (pleasure and/or commercial), and providing marine
services, including but not limited to retail sales for fuel, repair, convenience food and rental
goods, boats, engines, and accessory boat and equipment rental.
MEDICAL AND DENTAL OFFICE AND CLINIC
Small-scale facilities or offices where patients are admitted for examination, diagnostic testing,
and treatment by one or more physicians, dentists, or other health practitioners on a short-term
basis. The use includes the offices of physicians, dentists, chiropractors, optometrists,
podiatrists, audiologists, speech pathologists, and other health practitioners. It also includes
facilities providing short-term outpatient care and treatment (which may or may not be
overnight), such as kidney dialysis centers, outpatient pain therapy clinics, biofeedback centers,
sleep disorder clinics, family planning clinics, community health clinics, and health maintenance
organization (HMO) medical clinics. Such facilities that provide overnight care and treatment
may include sleeping rooms for care workers and members of patients’ families. This use does
not include hospitals or massage therapy establishments.
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MICROBREWERY/MICRODISTILLERY
An establishment where beer, malt beverages, wine, distilled alcohol, or mead is made on the
premises primarily for on-site consumption and/or retail sales, and may be packaged for
distribution off-site. Typical accessory uses may include a restaurant, tasting room, retail, food
truck, and/or live entertainment, as otherwise permitted in the zoning district. For the purposes
of this definition, the following shall constitute a microbrewery/microdistillery:
(A) In the case of Microbreweries, breweries that produce no more than 15,000
barrels of beer per year AND where the total brewery size, as measured by the
sum of the gross floor area, does not exceed 25,000 square feet.
(B) In the case of Microdistilleries, distilleries that produce no more than 50,000 US
gallons per year AND where the total distillery size, as measured by the sum of
the gross floor area, does not exceed 25,000 square feet.
For breweries and distilleries that exceed the square footage and production limits, see
“Beverage Manufacturing” in the Principal Use Table. [11-16-2020]
MINING
(A) The breaking of the surface soil in order to facilitate or accomplish the extraction
or removal of mineral, ores, or other solid matter.
(B) Any activity or process constituting all or part of a process for the extraction or
removal of minerals, ores, soils, and other solid matter from their original
location.
(C) The preparation, washing, cleaning, or other treatment of minerals, ores, or other
solid matter so as to make them suitable for commercial, industrial or
construction use.
The definition applies regardless of whether the mining activity is for a commercial or
noncommercial purpose, and regardless of size of the affected area. Activities such as
vibracoring, box coring, surface grab sampling, and other drilling and sampling for geotechnical
testing, mineral resource investigations, or geological research are not considered mining.
Excavation of mineral resources associated with the construction or maintenance of an
approved navigation project in accordance with 15A N,C.A.C. 7B .0200 is not considered
mining. Environmental remediation or reclamation projects or the removal of material incidental
to excavation and carried out pursuant to an approved site plan (as specified in Section 74-49
(7)(d) of the Mining Act of 1971) are exempt from this definition and shall be allowed in any
zoning district provided applicable state and local permits are acquired.
MINING & QUARRYING, HIGH INTENSITY
Mining operations with on-site processing, use of explosives, and/or that are more than 20 acres
in size.
MINING & QUARRYING, LOW INTENSITY
Mining operations no more than 20 acres in size with no on-site processing or use of explosives.
MINI-WAREHOUSE/SELF-STORAGE
A facility in which storage space such as rooms, lockers, and/or containers (storage units) are
rented to tenants, usually on a short-term basis (month-to-month), for profit. The facility may
include outdoor storage areas for boats and recreational vehicles (RVs) that are licensed and in
operable condition. [09-08-2020]
MINOR SUBDIVISION
See “Subdivision, Minor”.
Unified Development Ordinance | New Hanover County, NC 2-25
MIXED-USE RESIDENTIAL
A structure that combines a commercial unit or unit(s) with a separate residential dwelling unit or
units located on any floor except the ground floor.
MANUFACTURED HOME OR MOBILE HOME
A structure, transportable in one or more sections, which in the traveling mode is eight body feet
or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more
square feet; and which is built on a permanent chassis and designed to be used as a dwelling,
with or without permanent foundation when connected to the required utilities, including the
plumbing, heating, air conditioning and electrical systems contained therein. "Manufactured
home" includes any structure that meets all of the requirements of this subsection except the
size requirements and with respect to which the manufacturer voluntarily files a certification
required by the Secretary of HUD and complies with the standards established under the Act
For manufactured homes built before June 15, 1976, "manufactured home" means a portable
manufactured housing unit designed for transportation on its own chassis and placement on a
temporary or semipermanent foundation having a measurement of over 32 feet in length and
over eight feet in width. "Manufactured home" also means a double-wide manufactured home,
which is two or more portable manufactured housing units designed for transportation on their
own chassis that connect on site for placement on a temporary or semipermanent foundation
having a measurement of over 32 feet in length and over eight feet in width.
This definition does not apply to the provisions of Article 9: Flood Damage Prevention for
“manufactured home”; for that meaning, see Section 9.5: Definitions. [05-03-2021]
MOBILE HOME AND PREFAB BUILDING SALES
A fixed location engaged in the display and sale of mobile homes or pre-fabricated buildings.
MOBILE HOME PARK
Any site or tract of land of contiguous ownership upon which manufactured home or travel trailer
spaces are provided in accordance with the requirements set forth in Section 4.3, Standards for
Specified Principal Uses. This definition does not apply to the provisions of Article 9: Flood
Damage Prevention for “manufactured home park”; for that meaning, see Section 9.5:
Definitions.
MOBILE HOME SPACE
A plot of land, the minimum size of which shall not be less than 5,000 square feet, designed to
accommodate a single mobile home within a mobile home park.
MOBILE HOME SUBDIVISION
Any new development consisting of three or more contiguous lots for the purpose of locating
mobile homes and that is designed and approved pursuant to Article 6: Subdivision Design and
Improvements, and Article 10: Administrative Procedures. This definition does not apply to the
provisions of Article 9: Flood Damage Prevention for “manufactured home subdivision”; for that
meaning, see Section 9.5: Definitions.
MOBILE HOME, DOUBLEWIDE
A mobile home designed to be joined into one integral unit that measures at least 24 feet by 40
feet.
MOTOR FREIGHT TRANSPORTATION WAREHOUSING
A business, service, or industry involving the use of commercial vehicles in the loading,
unloading, and transportation of cargo. It may also include the fueling, maintenance, servicing,
storage, or repair of commercial vehicles, or the storage of cargo.
2-26 New Hanover County, NC | Unified Development Ordinance
MOTOR VEHICLE
A road vehicle powered by an internal combustion engine or electric motor that is clearly
intended for operation on a paved, level surface with a posted speed limit of 25 miles per hour
or greater. This does not include vehicles such as mopeds, golf carts, all-terrain vehicles
(ATVs), dirt bikes, or electric assisted bicycles, skateboards, or scooters. [05-03-2021]
MULTI-MODAL TRANSPORTATION OPPORTUNITIES
Public transit, walking, bicycling, and/or water-oriented transit and the facilities necessary for
such uses.
MULTI-UNIT SIGN
See “Sign, Multi-Unit”.
MUSEUM
A facility for exhibiting, or an institution in charge of, a collection of books, or artistic, historical,
or scientific objects.
N.C.G.S
The North Carolina General Statutes.
NATIVE SPECIES
A species of tree or other plant that evolved naturally in Southeastern North Carolina without
human intervention as identified by the North Carolina Extension Service or US Department of
Agriculture. [11-16-2020]
NONCONFORMING BUILDING OR STRUCTURE (DIMENSIONAL NON-CONFORMITY)
A nonconforming situation which lawfully existed before the effective date of any provision of
this ordinance or subsequent amendment thereto, when the height, size, or minimum floor
space of a building or the relationship between an existing building and setbacks does not
conform to the regulations applicable to the district in which the property is located.
NONCONFORMING LOT
A lot which complied with the requirements of the regulations in existence at the time of its
creation, that does not currently comply with the minimum lot area requirements of the district in
which the lot is located.
NONCONFORMING PROJECT
Any structure, development, or undertaking that is incomplete on the effective date of a
provision of this ordinance and would be inconsistent with any regulations applicable to the
district in which it is located if completed as proposed or planned.
NONCONFORMING SIGN
Any sign or sign structure which was lawfully erected and maintained in accordance with all
standards and provisions in effect at the time which fails to comply with the standards of Section
5.6, Signs, and any amendments thereto, and which fails to conform to any other applicable
provisions of this Ordinance.
NONCONFORMING SITUATION
A situation that occurs when an existing lot, structure, or use was lawfully created, but does not
conform to one or more of the regulations applicable to the district in which the lot or structure is
located.
Unified Development Ordinance | New Hanover County, NC 2-27
NONCONFORMING USE
A nonconforming situation which lawfully existed before the effective date of any provision of
this ordinance or subsequent amendment thereto, which occurs when property is used for a
purpose or in a manner made unlawful by the permitted use regulations applicable to the district
in which the property is located or by other use regulations in this Ordinance.
NON-PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing air navigation facilities with
only horizontal guidance, or area type navigation equipment, for which a straight-in non-
precision instrument approach procedure has been approved or planned.
NON-SUBSTANTIAL MODIFICATION
See “Eligible Facilities Request.” [09-08-2020]
NORMAL HIGH WATER (NHW)
The ordinary extent of high tide based on site conditions such as presence and location of
vegetation, which has its distribution influenced by tidal action, and the location of the apparent
high tide line.
NURSING AND REHABILITATION CENTER
A home for chronic or convalescent patients, who, on admission, are not as a rule acutely ill and
who do not usually require special facilities such as an operating room, x-ray facilities,
laboratory facilities, and obstetrical facilities. A Nursing and Rehabilitation Center provides care
for persons who have remedial ailments or other ailments for which medical and nursing care
are indicated; who, however, are not sick enough to require general hospital care. Nursing care
is their primary need, but they will require continuing medical supervision. This term includes
nursing homes.
OBSTRUCTION
For purposes of Section 5.10, Airport Height Restriction, any structure, growth, or other object,
including a mobile object, which exceeds a limiting height set forth in Section 5.10, Airport
Height Restriction.
OFFICES FOR PRIVATE BUSINESS AND PROFESSIONAL ACTIVITIES
Establishments primarily engaged in the day-to-day administrative or clerical services for
businesses or other organizations that provide professional or other services to the general
public on a walk-in or appointment basis in an office setting.
OFFICIAL MAP OR PLANS
Any maps, plans, charts, or texts officially adopted by the County Board of Commissioners for
the development of New Hanover County. This definition shall include the most recent version
of all maps officially adopted or promulgated by State and federal agencies. [05-03-2021]
OFF-PREMISES ADVERTISING
Any sign either free standing or attached to a structure that directs attention to a business,
commodity, service, entertainment or other activity conducted, sold, or offered elsewhere than
on the premises on which said sign is located.
OFF-STREET PARKING SPACE
See “Parking Space, Off-Street”.
OIL AND GAS DEALER, RETAIL
An establishment primarily engaged in the retail sale of heating oil, liquefied petroleum (LP) gas,
and other fuels. [11-16-2020]
2-28 New Hanover County, NC | Unified Development Ordinance
OUTDOOR ADVERTISING SIGN
See “Sign, Outdoor Advertising”.
OUTDOOR RECREATION ESTABLISHMENT
Uses that provide commercial recreation or amusement outdoors (except adult entertainment),
including but not limited to: drive-in movie theater, amusement park or theme park, fairgrounds,
miniature golf establishments, golf driving ranges, water slides, and batting cages.
OUTDOOR SHOOTING RANGE
An area of land reserved or specifically designed for the discharging of firearms (excluding
paintball guns) for the purposes of exhibition, training, educational, recreational, therapeutic, or
competition activities. Excluded from this use type shall be general hunting and the discharging
of firearms conducted solely by an individual property owner and/or their guest(s), provided no
fee is assessed for the activity.
OVERHEAD CANOPY
Any structure placed over, around, or near a fuel pump island or bank drive-thru and intended to
provide lighting and/or protection from the elements for island users shall be considered an
overhead canopy.
PARK AND RECREATION AREA
An area of land set aside for public use and enjoyment and consisting of facilities for passive
and/or active recreation, specifically excluding commercially operated recreational facilities.
This use does not include passive or active open spaces developed to be ancillary to residential
neighborhoods and developments.
PARKING SPACE, OFF-STREET
A space adequate for parking an automobile with room for opening doors on both sides,
together with properly related access to a public street or alley and maneuvering room.
PENNANT SIGN
See “Sign, Pennant”.
PERFORMANCE BOND
A performance bond from a surety financial guarantee company authorized to do business in
North Carolina, made issued or made payable to New Hanover County. The performance bond
shall be in a form reasonably acceptable to the County.
PERFORMANCE RESIDENTIAL DEVELOPMENT
A residential development varying from the dimensional requirements of conventional residential
development but not exceeding the density limit established in the applicable zoning district.
PERSON
An individual, partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility, cooperative, interstate body, the
State of North Carolina and its agencies and political subdivisions, or other legal entity. [05-03-
2021]
PERSONAL SERVICES, GENERAL
Establishments primarily engaged in providing non-medical services to individuals involving the
care of a person or his or her personal goods or apparel, including barber shops, beauty salons,
nail care salons, tanning services, shoe and clothing repair, and drop off laundry services.
PHARMACY
A retail store with the primary function of selling or dispersing medicines and related medical
products that may offer other retail goods in addition to prescription pharmaceuticals.
Unified Development Ordinance | New Hanover County, NC 2-29
PIER-HEAD LINE
A line established to limit the extension of piers into public waters in order to preserve the
citizens' use of those waters for commercial and recreational purposes. Piers may not be
constructed that extend into the channel portion of the water body and shall not extend more
than one-third the width of a natural water body or man-made canal or basin. However, piers
constructed along the Atlantic Intracoastal Waterway (AIWW) that are intended for public use or
for research or scientific studies affiliated with public or private universities and colleges may
extend to the minus 4.0-foot mean low water depth (-04.0' mlw) provided such extension is no
closer than 85 feet from and parallel to the edge closest to the pier of the official navigation
channel of said waterway as established by the United States Corps of Engineers. It shall be the
responsibility of the owner/petitioner to locate the setback line based upon accurate channel
surveys maintained by the Corps. Such piers shall conform with all other criteria established by
the North Carolina Coastal Resources Commission.
PLANNING BOARD
The New Hanover County Planning Board. [05-03-2021]
PLANNING DEPARTMENT
The New Hanover County Planning and Land Use Department.
PLANNING DIRECTOR
The New Hanover County Planning and Land Use Director, who is responsible for administering
and enforcing this Ordinance (see Section 10.1.6, Planning Director).
PLAT
Includes the map, plan, plat, replat, replot; a map or plan of a tract or parcel of land which is to
be, or which has been subdivided.
PLAT, FINAL
A map of a land subdivision prepared in a form suitable for filing of record with necessary
affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines
defining lots and blocks, streets and alleys, public areas and other dimensions of land required
by this UDO.
PLAZA AREA
An area adjacent to the roadway which serves as a physical barrier to direct the flow of traffic
and to separate highway traffic from the activity on private property.
PORTABLE OR MOVEABLE SIGN
See “Sign, Portable or Moveable”.
POST OFFICE
An office or station of a government postal system at which mail is received and sorted, from
which it is dispatched and distributed, and at which stamps are sold or other services rendered.
PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing an Instrument Landing
System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a
precision approach system is planned and is so indicated on an approved airport layout plan or
any other planning document.
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PRELIMINARY FORUM
A public meeting conducted by the New Hanover County Planning Board in association with a
special use permit application in which the Planning Board, prior to the quasi-judicial public
hearing conducted by the New Hanover County Board of Commissioners, receives public
comment and conducts an advisory review for the applicant and public in order to identify
potential relevant and material evidence, findings of fact, and issues or areas that the Board of
Commissioners may need more information on in order to reach a required conclusion. [05-03-
2021]
PRELIMINARY PLAN
A map of proposed land subdivision showing the character and proposed layout of the tract in
sufficient detail to indicate the suitability of the proposed subdivision of land.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard
surface, the primary surface extends 200 feet beyond each end of that runway; for military
runways or when the runway has no specially prepared hard surface, or planned hard surface,
the primary surface ends at each end of that runway. The width of the primary surface is set
forth in Section III of this Ordinance. The elevation of any point on the primary surface is the
same as the elevation of the nearest point on the runway centerline.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the lot on which it is located.
PRINCIPAL SIGN
See “Sign, Principal”.
PRODUCE STAND
A single-vendor enterprise established to sell a variety of farm products directly to the public in a
single location for one or several off-site growers.
PROFESSIONAL ARCHEOLOGIST
A person who has a graduate degree in archaeology, anthropology, or a closely related field,
plus:
(A) At least one year of full-time professional experience or equivalent specialized training
in archaeological research, administration and management.
(B) At least four months of supervised field and analytic experience in general North
American Archeology; and
(C) Demonstrated ability to carry research to completion.
PROFESSIONAL HISTORIAN
A person who has a graduate degree in history or a closely related field, plus one of the
following:
(A) At least two years of full-time experience in research, writing, teaching, interpretation
or other demonstrable professional activity with an academic institution, historic
organization or agency, museum, or other professional institution; or
(B) Substantial contribution through research and publication to the body of scholarly
knowledge in the field of history.
PROJECTING SIGN
See “Sign, Projecting”.
Unified Development Ordinance | New Hanover County, NC 2-31
PROPERTY
All real property subject to land-use regulation by New Hanover County. The term includes any
improvements or structures customarily regarded as a part of real property. [05-03-2021]
RAILROAD FREIGHT DEPOT
A facility where freight is collected and transferred by rail.
RAILROAD PASSENGER TERMINAL
A facility that receives and discharges railroad passengers.
RECREATIONAL VEHICLE
See Travel Trailer.
RECREATIONAL VEHICLE AND BOAT TRAILER STORAGE LOT
A ground level parking area on which recreational vehicles and boat trailers, with or without
boats, can be stored for a fee when not in use.
RECREATIONAL VEHICLE PARK
See Travel Trailer Park.
REGULATED TREE
See “Tree, Regulated”.
RELIGIOUS ASSEMBLY
A facility or area for people to gather together for public worship, religious training, or other
religious activities including a church, temple, mosque, synagogue, convent, monastery, or
other structure, together with its accessory structure(s), including a parsonage or rectory. This
use does not include home meetings or other religious activities conducted in and ancillary to a
privately occupied residence. Accessory uses may include meeting rooms and childcare
provided for persons while they are attending assembly functions. Schools and other childcare
services are not accessory uses and shall require approval as separate principal uses.
REPAIR SHOP
Establishments engaged in repairing and maintaining consumer electronics, computer and
office machines, household appliances, home and garden equipment, furniture, and related
equipment.
RESEARCH AND DEVELOPMENT FACILITY
An establishment that engages in research, or research and development, of innovative ideas in
medical, biological, technology-intensive, or similar fields. This use may include laboratories
and facilities for the construction of prototypes.
RESIDENTIAL PRIVATE PIER
A dock, pier, launching tamp, and/or supportive boating activity extending from a residential lot
into water adjacent thereto; the use of which is limited to members of the family of the lot owner
or his tenant and/or their invited guests.
RESTAURANT
Establishments where food and beverages are prepared and sold on a retail basis for
consumption on or off premises as its principal business.
RETAIL NURSERY
A facility or area for the displaying and sale of plant stock, seeds, or other horticultural items.
The growing of plant stock is not included in this definition.
2-32 New Hanover County, NC | Unified Development Ordinance
RETAIL SALES, BUILDING AND CONSTRUCTION SUPPLIES
Commercial enterprises providing building and construction supplies for sale directly to the
consumer. This use may include outdoor storage areas and ancillary leasing or renting of
equipment.
RETAIL SALES, GENERAL
Commercial enterprises that provide goods and/or services for sale, lease, or rental directly to
the consumer. Examples include stores selling, leasing, or renting consumer, home, and
business goods such as art, clothing, dry goods, electronic equipment, furniture, garden
supplies, hardware, jewelry, pet food, and printed material.
REVOLVING SIGN
See “Sign, Revolving”.
RIVER’S EDGE
The Normal High Water (NHW) level, as established by a field representative from the Division
of Coastal Management or by the New Hanover County Local Permit Officer when an
application for a CAMA permit has been submitted, measured from the water’s edge to the
proposed building elevation closest to and facing the river.
ROADS/STREETS
For the purposes of Article 6: Subdivision Design and Improvements, a right-of-way with
infrastructure for vehicular movement which is designed, dedicated, and constructed for public
or private use to a standard commensurate with its function. The functional classifications of
roads/streets are as follows:
STREET, ARTERIAL
Arterial road systems provide a higher speed, high volume network for travel between
two points of interest. The design covers a broader range of roadways, from two lane to
multi-lane, and is oriented more toward efficient mobility rather than property access.
Example: Market Street, College Road.
STREET, COLLECTOR
Collectors serve a dual purpose, collecting traffic for movement between arterial and
local streets and providing limited access to abutting properties. These streets not only
serve traffic movements between arterials and local streets, but through traffic within
local areas. Collector streets shall intersect with existing or planned collector or arterial
streets.
STREET, CUL-DE-SAC
A street open at one end that is planned, constructed, and operated for the sole purpose
of property access. Cul-de-sacs shall include a turnaround at the closed end of the street
to permit reverse direction. In the interest of public service delivery response, the total
length of a cul-de-sac shall be minimized. Example: Amelia Court.
STREET, ALLEY
Alleys provide side or rear access to individual parcels that front on a higher order street.
They are characterized by narrow right-of-way and travelway widths to accommodate
passenger vehicles and residential services at slow speeds. Alleys generally connect at
both ends to local or collector streets. In some instances, dead end alleys are
permissible with a vehicle turnaround at the terminus of the travelway. No permanent
parking is allowed. Alley example: Loring Alley.
Unified Development Ordinance | New Hanover County, NC 2-33
STREET, LOCAL
Local streets provide access to parcels and may be planned, constructed, and operated
for the function of property access and limited through traffic. Traffic volumes are largely
short trips or a relatively small part of longer trips where local streets connect with major
streets or highways of higher classifications. Street example: Mallow Road.
STREET STUBS
A dedicated right- of- way that abuts undeveloped property for the purpose of allowing
future access, connectivity, or to logically extend the street system into the surrounding
area. All street stubs designated as public or private shall be paved to the property line
in order to be counted toward the road connectivity requirements. Temporary access
bulbs to facilitate adequate turnaround consisting of an all weathered surface may be
required. Wings of bulb shall be removed when adjoining land is developed. No gates or
obstructions will be permitted. However, adequate signage installed by the developer to
warn motorists of dead end shall be required.
ROOF SIGN (INTEGRAL)
See “Sign, Roof (integral)”.
RUNWAY
A defined area on an airport prepared for landing and take-off of aircraft along its length.
RV OR TRAVEL TRAILER DWELLING
A dwelling unit that meets the definition of a Recreational Vehicle (RV) or Travel Trailer, as
defined herein, but that does not include Temporary Relocation Housing as defined by this
ordinance. [09-08-2020]
SEASONAL SALES
The sale of merchandise outdoors for a definite time period and not associated with a principal
retail use. Seasonal sales can include the sale of such items as Christmas trees, pumpkins,
and similar seasonal or holiday-related products.
SENIOR LIVING: ASSISTED LIVING FACILITY
Any group housing and services program for two or more unrelated adults that makes available,
at a minimum, one meal a day and housekeeping services and provides personal care services
directly or through a formal written agreement with one or more licensed home care or hospice
agencies, in accordance with NCGS §131D-2.1.
SENIOR LIVING: CONTINUING CARE RETIREMENT COMMUNITY
A residential community that accommodates changing lifestyle preferences and health care
needs and offers several levels of assistance, including all of the following: independent living,
assisted living, and nursing home care. It provides a written agreement or long-term contract
between the resident and the provider community that offers assurance of a continuum of
housing, services, and health care, most commonly all on one campus, and frequently last for
the resident’s lifetime.
SENIOR LIVING: INDEPENDENT LIVING RETIREMENT COMMUNITY
A housing development that may contain a variety of housing types designed for and restricted
to occupancy by households having at least one member who is 55 years of age or older, living
independently. Facilities and services typically include features such as: security; lawn and
building maintenance; wellness, fitness, or spa services and facilities; central meeting areas;
programmed recreation or social facilities and activities; communal garden spots; AARP
Universal design or other similar characteristics. Minimal supportive services may also be
offered to residents in senior apartment facilities.
2-34 New Hanover County, NC | Unified Development Ordinance
SEPTAGE, SLUDGE DISPOSAL
A site for the disposal of septage and/or sludge.
SHOPPING CENTER
Two or more commercial establishments planned and constructed as a single unit with off-street
parking and loading facilities provided on the property and related in location, size, and type of
shops to the trade area which the unit serves.
SIGHT DISTANCE
Area at intersecting street that establishes a clear line of sight for a waiting vehicle to see
oncoming traffic and make turning movements into or out of street or driveway safely or for
traffic to see entering or waiting vehicles.
SIGN
Any device designed to inform or attract the attention of persons not on the premises on which
the sign is located.
SIGN, ANIMATED
Any sign which uses movement or change of lighting to depict action or to create a special
effect or scene (compare "flashing sign").
SIGN, BANNER
A suspended sign made of a flexible material such as canvas, sailcloth, plastic, or waterproof
paper.
SIGN, DIRECTIONAL (ON-PREMISES)
A sign or guide to direct pedestrian or vehicular traffic on the premises on which it is displayed.
Examples include "in," "out," "entrance," and "exit."
SIGN, FLAG
Refers to devices generally made of flexible materials such as cloth, paper or plastic, and
displayed on a flagpole.
SIGN, FLASHING
An illuminated sign of direct or indirect lighting on which the artificial light flashes on and off in
regular or irregular sequences.
SIGN, FLOATING
Any sign painted on or attached to any boat or structure which floats or is designed to float,
whether such boat or structure is self-propelled or not.
SIGN, INCIDENTAL
A single face or double face non-illuminated professional or announcement sign attached wholly
to a building, window, or door containing information relative to emergencies, store hours, credit
cards honored, and other similar accessory information.
SIGN, INTEGRAL
Names of buildings, dates of erection, monumental citations, tablets, and the like when carved
into stone, concrete or similar material or made of bronze, aluminum, or other permanent type
construction and made an integral part of the building.
SIGN, MULTI-UNIT
A freestanding sign which contains three or more identification signs for multi-occupancy
premises, such as a shopping center.
Unified Development Ordinance | New Hanover County, NC 2-35
SIGN, OUTDOOR ADVERTISING
Any sign either free standing or attached to a structure which directs attention to a business,
commodity, service, entertainment, or other activity, conducted, sold, or offered elsewhere than
on the premises on which said sign is located.
SIGN, PENNANT
A tapered or dovetailed banner or flag.
SIGN, PORTABLE OR MOVEABLE
A sign that is not permanently attached to the ground, a structure, or a building, and that can
easily be moved from one location to another and used for a temporary purpose.
SIGN, PRINCIPAL
A sign which directs attention to a business, commodity, service, entertainment, or other activity,
conducted, sold, or offered exclusively on the premises upon which the sign is located.
SIGN, PROJECTING
A sign end-mounted or otherwise attached to an exterior wall of a building or structure, and
which projects out from the wall.
SIGN, REVOLVING
A sign which revolves 360 degrees.
SIGN, ROOF (INTEGRAL)
Any sign erected or constructed as an integral part of a normal roof structure of any design,
such that no part of the sign extends vertically above the highest portion of the roof and such
that no part of the sign is separated from the rest of the roof by a space of more than six inches.
Chimneys or other similar features are not an integral part of a normal roof structure. An integral
roof sign shall be considered to be a wall sign and shall be subject to the regulations pertaining
to wall signage.
SIGN, SPECIAL PURPOSE
A temporary sign to announce sales, new products, openings, or closeouts, and other special
events.
SIGN, TEMPORARY
Sign permitted for a period not exceeding 12 months, including for sale, for rent, construction
company's name, subcontractor's names, architect's, and planner's names.
SIGN, TIME AND/OR TEMPERATURE
A sign containing numerals which may be alternately displayed to show the time and/or
temperature. A time and/or temperature sign shall not be considered a flashing or animated
sign; time and temperature signs shall not change or alternate messages more frequently than
once every three seconds.
SIGN, WALL
A sign which is attached flat to a wall or facade facing of a building and which projects not more
than eighteen inches from the wall.
SIGN, WINDOW
A sign attached directly onto the inside or outside of the window of a building, or placed inside
the window so that it is visible from the outside.
2-36 New Hanover County, NC | Unified Development Ordinance
SITE PLAN
A scaled drawing and supporting text that is submitted as part of a Major or Minor Site Plan
application showing the relationship between lot lines and the existing or proposed uses,
buildings, or structures on the lot, as well as details such as building areas, building height and
floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and
locations, parking, access points, roads, and stormwater control facilities that are depicted to
show compliance with all legally required development regulations that are applicable to the
project and the site plan review. For the purposes of this ordinance, this definition does not
include subdivision construction plans or plats. For definitions related to subdivision plans or
plats, see “Preliminary Plan”, “Subdivision Construction Plans”, and “Plat, Final”. [05-03-2021]
SITE SPECIFIC DEVELOPMENT PLAN
A conceptual plan that describes with reasonable certainty the type and intensity of land use for
a specific parcel or parcels that is submitted as part of a conditional zoning map amendment,
special use permit, or master planned development. This definition shall include “conceptual
development plan” as used in this ordinance and “site-specific vesting plan” as defined and
used in N.C.G.S. 160D-108.1. [05-03-2021]
SLEEPING UNIT
A room or space in which people sleep, which can also include permanent provisions for living,
eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are
also part of a dwelling unit are not sleeping units. [05-03-2021]
SOLAR ENERGY COLLECTION FACILITY
A facility designed to meet energy demands for a large area and consisting of solar panels,
modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that
collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or
space heating and cooling, and/or that collects energy and converts it into electricity.
SOLAR ENERGY COLLECTION FACILITY, ACCESSORY
A facility designed to meet energy demands for the principal use of the property on which the
collection facility is located, and consisting of solar panels, modules, and related equipment
(e.g., heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers
it as heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or that
collects energy and converts it into electricity. A solar energy collection facility intended to serve
the energy needs of a use or uses beyond the property on which the collection facility is located
shall constitute a “Solar Energy Collection Facility” principal use. [11-16-2020]
SPECIAL FUNDRAISING FOR NON-PROFIT ORGANIZATIONS
A temporary fundraising activity and/or sale conducted by a non-profit organization to support its
defined mission.
SPECIAL HIGHWAY
Any highway, such as but not limited to interstate corridors, freeways, arterials, and collectors,
designated by the County Commissioners for its scenic qualities and its ability to provide safe
and efficient traffic flow.
SPECIAL PURPOSE SIGN
See “Sign, Special Purpose”.
SPECIAL PURPOSE UTILITY LOT
A lot used solely for the purpose of accommodating a public utility that is not required to meet
the minimum district dimensional standards of the underlying zoning district. [03-21-2022]
Unified Development Ordinance | New Hanover County, NC 2-37
SPECIAL USE
A use that would not be appropriate generally as a right without restriction throughout a zoning
district, but which, if controlled as to number, area, location, or relation to neighborhood, would
promote the public health, safety, morals, or the general welfare.
SPECIAL USE PERMIT
A permit issued to authorize development or land uses in a particular zoning district upon
presentation of competent, material, and substantial evidence establishing compliance with one
or more general standards requiring that judgment and discretion be exercised as well as
compliance with specific standards. [05-03-2021]
SPECIFIED ANATOMICAL AREAS
1) Less than completely and opaquely covered human genitals, pubic region, buttock, and
female breast below a point immediately above the top of the areola; and 2) human male
genitals in a discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
1) Human genitals in a state of sexual stimulation or arousal; 2) acts of human masturbation,
sexual intercourse, or sodomy; 3) fondling or other erotic touching of human genitals, pubic
region, buttock, or female breast.
SPECIMEN TREE
See “Tree, Specimen.”
STABLE
A facility for the keeping of horses for the private use of the residents or owners of the lot. This
use includes accessory boarding of horses.
STORY
That portion of a building between the surface of any floor and the floor or roof above it. The
following are considered stories:
a. Mezzanines exceeding one-third of the total floor area of the story immediately below it;
b. Penthouses; and
c. Basements more than 6 feet above the finished ground level for more than 50 percent of
the total building perimeter. [11-01-2021]
STREET
In general, a dedicated and accepted public or private right-of-way for vehicular traffic which
affords the principal means of access to abutting properties. For the purposes of Article 6:
Subdivision Design and Improvements, see the definition for Roads/Streets.
STREET LINE
The right-of-way boundary of a street.
2-38 New Hanover County, NC | Unified Development Ordinance
STRUCTURE
Anything constructed or erected within a fixed location on the ground, or attached to something
having a fixed location on the ground. The term structure shall be construed to include buildings,
porches, decks, carports, garages, sheds, roof extensions, overhangs extending more than two
inches, and any other projections directly attached to the structure. For purposes of Section
5.10, Airport Height Restriction, a structure is any object, including a mobile object, constructed
or installed by man, including, but without limitation, buildings, towers, cranes, smokestacks,
earth formation, and overhead transmission lines. This definition does not apply to the
provisions of Article 9: Flood Damage Prevention; for that meaning, see Section 9.5: Definitions.
[05-03-2021]
STRUCTURAL ADDITION TO A MOBILE HOME
Any roofed, canopied, enclosed porch and/or room or structure that is used in connection with a
mobile home. A concrete slab porch or open deck with no roof shall not be considered a
structural addition.
SUBDIVIDER
Any person, firm or corporation who subdivides any land.
SUBDIVISION
A "subdivision" shall include all divisions of a tract or parcel of land into two or more lots,
building sites, or other divisions when any one or more of those divisions are created for the
purpose, whether immediate or future, of sale or building development, and shall include all
divisions of land involving the dedication of a new street or a change in existing streets;
provided, however, that the following shall not be included within this definition nor be subject to
the regulations authorized by this UDO:
(1) the combination or recombination of portions of previously subdivided and recorded
lots where the total number of lots is not increased and the resultant lots are equal to or
exceed the standards of the County as shown in Article 6: Subdivision Design and
Improvements;
(2) the division of land into parcels greater than ten acres where no street right-of-way
dedication is involved;
(3) the public acquisition by purchase of strips of land for the widening or opening of
streets or for public transportation system corridors; or
(4) the division of a tract in single ownership whose entire area is no greater than two (2)
acres into not more than three (3) lots, where no street right-of-way dedication is
involved and where the resultant lots are equal to or exceed the standards of the County
as shown in Article 6: Subdivision Design and Improvements.
(5) the division of a tract into parcels in accordance with the terms of a probated will or in
accordance with intestate succession under Chapter 29 of the General Statutes. [05-03-
2021]
SUBDIVISION CONSTRUCTION PLANS
Plan, profile, and detail drawings sufficient to indicate the construction of all improvements
associated with the property to be subdivided, prepared by a professional, legally recognized by
a State of North Carolina licensing board as being licensed to perform such activities or
undertakings.
SUBDIVISION, MAJOR
Any subdivision that exceeds this ordinance’s criteria for a minor subdivision and is not
exempted under NCGS 160D-802. [03-21-2022]
Unified Development Ordinance | New Hanover County, NC 2-39
SUBDIVISION, MINOR
A minor subdivision is a subdivision
(1) involving not more than five lots, all of which front on an existing approved street; and
(2) not involving any new streets or prospectively requiring any new street for access to
interior property; and
(3) not requiring drainage improvements or easements to serve the applicant's property
or interior properties.
SUBSTANTIAL MODIFICATION
The mounting of a proposed wireless facility on a wireless support structure that substantially
changes the physical dimensions of the support structure. A mounting is presumed to be a
substantial modification if it meets any one or more of the criteria:
A. Increasing the existing vertical height of the structure by the greater of (i) more than ten
percent (10%) or (ii) the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet.
B. Except where necessary to shelter the antenna from inclement weather or to connect the
antenna to the tower via cable, adding an appurtenance to the body of a wireless
support structure that protrudes horizontally from the edge of the wireless support
structure the greater of (i) more than 20 feet or (ii) more than the width of the wireless
support structure at the level of the appurtenance.
C. Increasing the square footage of the existing equipment compound by more than 2,500
square feet. [09-08-2020]
SUBSTANTIALLY COMMENCED
For the purposes of this ordinance a development is determined by the Planning Director to
have substantially commenced if evidence is provided that one or more of the following applies:
A. The development has received and maintained a valid erosion and sedimentation control
permit and conducted grading activity on a continuous basis and not discontinued it for
more than thirty (30) days; or
B. The development has installed substantial on-site infrastructure; or
C. The development has received and maintained a valid building permit for the
construction and approval of a building foundation; or
D. Ten percent (10%) or more of the total cost of design- and construction-related activities
authorized by such approvals or permits has been completed on the site. [05-03-2021]
SUNSHINE LIST
A list of email addresses on file with the Clerk to the Planning Board of persons or organizations
with a standing written request or subscription to receive public meeting notices.
SURFACE DRAINAGE
A drainage system consisting of culverts and open ditches.
TECHNICAL REVIEW COMMITTEE
A committee formed by the County Commissioners for the purpose site plan and subdivision
review as prescribed by this UDO (see Section 10.1.5, Technical Review Committee (TRC)).
Abbreviated as “TRC” in this Ordinance.
2-40 New Hanover County, NC | Unified Development Ordinance
TEMPORARY EMERGENCY SERVICES FACILITY
A temporary establishment for the provision of emergency services, such as fire, rescue and
emergency medical services, and associated emergency preparedness, emergency
management, or disaster management activities. [11-16-2020]
TEMPORARY FAMILY HEALTHCARE STRUCTURE
A transportable residential structure accessory to a principal dwelling providing an environment
facilitating a caregiver's provision of care for a mentally or physically impaired person that (i) is
primarily assembled at a location other than its site of installation, (ii) is limited to one occupant
who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square
feet, and (iv) complies with applicable provisions of the State Building Code and G.S. 143-
139.1(b). [05-03-2021]
TEMPORARY REAL ESTATE OFFICE/MODEL
A dwelling, dwelling unit, or other marketable unit of a new development that is used for real
estate sales or leasing activities associated with the development.
TEMPORARY RELOCATION HOUSING
Temporary housing utilizing nonpermanent facilities for the displaced as a result of a natural or
other disaster.
TEMPORARY SIGN
See “Sign, Temporary”.
THROUGH LOT
See “Lot, Through”.
TIMBER HARVEST
The felling, loading, and transportation of forest products, round wood or logs (Source: North
Carolina Division of Forest Resources)
TIME AND/OR TEMPERATURE SIGN
See “Sign, Time and/or Temperature”.
TOWER (AS APPLIES TO TELECOMMUNICATIONS)
For the purposes of the Communications and Information Facilities standards of Subsection
4.3.3, “tower” shall be used interchangeable with “wireless support structure.” See “Wireless
Support Structure.” [09-08-2020]
TRANSITIONAL SURFACES
These surfaces extend outward at 90 degree angles to the runway centerline and the runway
centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of
the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
Transitional surfaces for those portions of the precision approach surfaces, which project
through and beyond the limits of the conical surface, extend a distance of 5,000 feet measured
horizontally from the edge of the approach surface and at 90 degree angles to the extended
runway centerline.
TRANSPORTATION VEHICLE SERVICE AND STORAGE FACILITY
A garage or yard facility where public transportation or freight vehicle fleets are stored,
maintained, and dispatched into service. These facilities do not involve the storage of personal
vehicles, equipment, or other items used by the general public. [11-16-2020]
Unified Development Ordinance | New Hanover County, NC 2-41
TRAVEL TRAILER
A wheeled vehicular portable structure built on a chassis designed to be used as a temporary
dwelling for travel and/or recreational purposes, including, but not limited to structures mounted
on auto or truck bodies that are commonly referred to as campers. Also referred to as
Recreational Vehicles, RVs, except for the purposes of Article 9: Flood Damage Prevention.
TRAVEL TRAILER PARK
Any site or tract of land upon which are located the minimum number of travel trailer spaces or
land area required by this ordinance regardless of whether or not a charge is made for such
service.
TRAVEL TRAILER SPACE
A plot of land within a travel trailer park designed for the accommodation of one travel trailer.
TRC
See “Technical Review Committee.”
TREE
For purposes of Section 5.10, Airport Height Restriction, any object of natural growth.
TREE, CANOPY
Any tree or other woody plant with an average spread of 25 feet or greater at maturity that when
fully grown will provide shade and/or shelter for the land beneath while allowing passage of
people, animals and/or vehicles upon the land beneath. [05-03-2021]
TREE, SPECIMEN
Any Live Oak, Bald Cypress, or Pond Cypress tree that is 36” diameter at breast height (DBH)
or larger. [05-03-2021]
TREE, UNDERSTORY
Any tree no more than 35 feet in height at maturity located between the forest canopy and the
ground cover. [05-03-2021]
UNDERSTORY TREE
See “Tree, Understory”.
URGENT CARE FACILITY
A facility that provides emergency medical services with no provision for continuing care on an
inpatient basis. Such establishments generally have a wider range of business hours than
medical and/or dental offices and/or clinics, serve primarily drop-in patients, and may include
accessory uses such as heliports. [11-16-2020]
USE VALUE
The North Carolina General Assembly enacted the "Land Use Program," which allows reduced
tax values for individually owned property used for certain purposes, including forestry. Basic
eligibility requirements are forestland consisting of one or more tracts, one of which consists of
at least 20 acres that is in actual production and are not included in a farm unit. A forestry
management plan is required. (Contact NHC Tax Administration for more information.)
UTILITY LINES, STRUCTURES, AND/OR FACILITIES; GENERAL
Lines, facilities, or structures engaged in the treatment, transmission, and/or distribution of
electricity, gas, steam, water, sewer, cable, or other utility not otherwise specified by this
ordinance.
2-42 New Hanover County, NC | Unified Development Ordinance
UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500
pounds maximum gross weight and less.
VARIANCE
A relaxation of the terms of this Ordinance which permits development or construction in a
manner otherwise prohibited by this Ordinance where, owing to conditions peculiar to the
property and not the result of the action of the application, a literal enforcement of the ordinance
would result in unnecessary and undue hardship, issued in conformity with the provisions of
Section 10.3.11, Variance – Zoning and Subdivision. Such variances shall not authorize the
establishment or expansion of a use otherwise prohibited, nor shall a variance be granted
because of the presence of nonconformities in the zoning district or uses in an adjoining zoning
district. This definition does not apply to the provisions of Article 9: Flood Damage Prevention;
for that meaning, see Section 9.5: Definitions.
VEGETATED BUFFER
For purposes of Section 5.7.5, Vegetated Buffer Controls for Conservation, an existing natural
area, or an area planted as recommended in the New Hanover County Tree and Landscaping
Manual, which preserves, protects, and restores water quality and estuarine resources. These
buffers are an effort to provide the following functions: filter suspended solids, nutrients,
bacteria, and other pollutants before entering surface waters; provide soil stabilization; provide
shading to assist in temperature regulation of estuarine waters; provide wildlife habitat and
aesthetic beauty.
VEHICLE SALES
A facility used primarily for the sale of consumer-oriented motor vehicles, as defined herein. [05-
03-2021]
VEHICLE SERVICE STATION, LARGE VEHICLES
Repair of large vehicles such as commercial tractor trailer trucks, buses, etc., including
assembly or disassembly of engine parts, body parts, transmission, etc. and recapping of tires.
VEHICLE SERVICE STATION, MAJOR
Repair of small and/or personal vehicles consisting of assembly or disassembly of engine parts,
body parts, transmissions, chassis, axles, etc. and/or the process of painting or upholstering.
VEHICLE SERVICE STATION, MINOR
Repairs of small and/or personal vehicles consisting of a minor nature, such as tune ups, oil
changes, chassis lubrication, tire change or repair, wheel alignment, and muffler repair or
installation.
VEHICLE TOWING SERVICE AND STORAGE YARD
Any lot, structure, or the use of any portion of such lot or structure for the temporary outdoor
storage of towed vehicles that are to be claimed by the titleholders or their agents.
VESTED RIGHT
The right to undertake and complete the development of property pursuant to N.C.G.S. 160D-
108 and 160D-108.1. [05-03-2021]
VETERINARY SERVICE
A facility for the diagnosis and treatment of domestic and other animals including, but not limited
to, dogs, cats, birds, and horses; and the incidental grooming, boarding, or breeding of animals
may also be provided.
Unified Development Ordinance | New Hanover County, NC 2-43
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
VOCATION OR TRADE SCHOOL
A public or private school offering vocational or trade instruction—such as teaching of trade or
industrial skills, clerical or data processing, barbering or hair dressing, computer or electronic
technology, or artistic skills—to students and that operates in buildings or structures or on
premises of land leased or owned by the educational institution for administrative purposes and
meets the State requirements for a vocational training facility. Such uses include classrooms,
laboratories, auditoriums, libraries, cafeterias, and other facilities that further the educational
mission of the institution.
WALL SIGN
See “Sign, Wall”.
WALKING DISTANCE
A distance within which a pedestrian is able to travel between an origin and destination without
obstruction, in a safe and comfortable environment on a continuous network of sidewalks, all-
weather-surface footpaths, crosswalks, or equivalent pedestrian facilities and not be required to
cross a street with speed limits greater than 35 mph without signals or stop signs at crosswalks.
WAREHOUSING
The storing of goods, wares, and merchandise within an enclosed building, whether for the
owners or others. There is little on-site sales activity with the customer present. Uses include:
cold storage facilities (including frozen food lockers); distribution warehouses (used primarily for
temporary storage pending distribution in response to customer orders); storage warehouses
(used for storage by retail stores such as furniture and appliance stores); warehouse
storerooms; or similar uses.
WATERCRAFT, SMALL
A vessel or watercraft, generally smaller than boats as herein defined, that floats on or operates
on the water, regardless of the means of propulsion, which is usually stored at a residence
rather than a marina, is not permanently stored in the water, and is not generally launched from
a trailer. Examples are canoes, kayaks, rowboats, paddleboards, rowing sculls, and sailboats
shorter than 14 ft. in length, such as Sunfish®. Excluded from this definition are rafts,
surfboards, boogie boards, towable tubes, and the like, which are not regulated by this
ordinance. [09-08-2020]
WATER ORIENTED PARKING
A designated docking space provided by a commercial establishment for the express use of its
customers. Water-oriented parking shall only be allowed in conjunction with commercial
establishments that are located on navigable waters.
WATER SUPPLY WATERSHED
The entire land area that contributes to surface drainage and other runoff into a surface water
supply.
WATER TRANSPORTATION FACILITIES
A facility for passengers to enter or exit a ship, ferry, cruise ship, or boat that is utilized for the
movement of passengers through or across a body of water.
WAYFINDING SIGN
A sign of which the message is exclusively limited to guiding the circulation of and providing
direction for motorists or pedestrians within the site.
2-44 New Hanover County, NC | Unified Development Ordinance
WHOLESALE NURSERY
A facility or area for the growing, displaying, and sale of plant stock, seeds, or other horticulture
items. This may include raising plants outdoors or in greenhouses for sale either as food or for
use in landscaping and retail sales.
WHOLESALING
Uses engaged in the wholesale sales, bulk storage, and distribution of goods. Such uses may
also include incidental retail sales. Wholesale showrooms are also included in this use
category.
WHOLESALING SEAFOOD WITH WATER FRONTAGE
Uses fronting a water way and engaging in the wholesale sales, bulk storage, and distribution of
seafood.
WIND DEVICE
Any flag, banner, balloon, pennant, streamer, or similar device that moves freely in the wind. All
wind devices are considered to be signs and are regulated and classified as attached or
detached by the same regulations as other signs.
WIND ENERGY COLLECTION FACILITY, ACCESSORY
An alternate energy device which converts wind energy by means of a rotor to mechanical or
electrical energy to serve the energy needs of the principal use of the property on which the
collection facility is located. A wind generator may also be deemed a windmill. A wind energy
collection facility intended to serve the energy needs of a use or uses beyond the property on
which the collection facility is located shall constitute an “Electricity Generating Facilities”
principal use. [11-16-2020]
WINDOW SIGN
See “Sign, Window”.
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications between user equipment
and a communications network, including (i) equipment associated with wireless
communications and (ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular
and backup power supplies, and comparable equipment, regardless of technological
configuration. The term includes small wireless facilities. The term does not include any of the
following: a. The structure or improvements on, under, within, or adjacent to which the
equipment is collocated. b. Wireline backhaul facilities. c. Coaxial or fiber-optic cable that is
between wireless structures or utility poles or city utility poles or that is otherwise not
immediately adjacent to or directly associated with a particular antenna. [09-08-2020]
WIRELESS SUPPORT STRUCTURE
A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed
to support or capable of supporting wireless facilities. A utility pole is not a wireless support
structure. [09-08-2020]
ZONING MAP AMENDMENT OR REZONING
An amendment to the Official Zoning Map for the purpose of changing the zoning district that is
applied to a specified property or properties. The term also includes the application of an
overlay zoning district or a conditional zoning district. The term does not include updating the
zoning map to incorporate amendments to the names of zoning districts made by zoning text
amendments where there are no changes in the boundaries of the zoning district or land uses
permitted in the district. [05-03-2021]