Article 4 - Uses and Use-Specific Standards_Updated_01-03-2023Unified Development Ordinance | New Hanover County, NC 4-1
Article 4: Uses and Use-Specific Standards
Section 4.1. Categorization of Principal Uses
4.1.1. ORGANIZATION
A.For the purposes of this UDO, principal land uses and activities are classified into
five general “use classifications,” namely Agricultural, Residential, Civic &
Institutional, Commercial, and Industrial, and then into specific “use categories”
(e.g., Household Living within the Residential use classification) that are based on
common functional, product, or physical characteristics, such as the type and
amount of activity, the type of customers or residents, how goods or services are
sold or delivered, and site conditions. Use categories may be further organized into
“use types” (e.g., Townhouse Dwelling within the Household Living category) where
there are a number of possible variations of a use category. An additional layer of
organization is included in the Industry & Manufacturing use category to group use
types under three-digit NAICS codes for ease of reference. The organization and
classification of principal uses in this UDO provides a systematic basis for assigning
present and future land uses into appropriate zoning districts.
B.The principal use of a parcel of land or structure is the primary or predominant
purpose to which it is devoted and may include customary and ancillary uses that
are associated with or support the principal use. A parcel of land may contain more
than one principal building or structure.
4.1.2. APPLICATION AND INTERPRETATION
A.Permitted Uses and Approval Process
1.If a use is specifically listed and the applicant demonstrates that the use
complies with the requirements of this UDO, including any applicable use-
specific standards, that use and only that specific use may be authorized
in accordance with the procedures and standards in Article 10:
Administrative Procedures. No other uses may be substituted for the use
requested.
2.Multiple uses may be permitted on a parcel where the site layout can be
achieved in compliance with applicable zoning district standards, use
standards, and development standards. Each use must be approved in
accordance with the procedures and standards in Article 10:
Administrative Procedures.
B.Interpretation of Uses
1.New or unlisted uses may be interpreted into the Table 4.2.1: Principal
Use Table, though the process outlined in Section 4.1.3: Classification of
New or Unlisted Uses.
2.If a use is identified in a specific use category in Table 4.2.1: Principal
Use Table, it may not be interpreted into a different use category even
though it may broadly fit within the use category.
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4.1.3. CLASSIFICATION OF NEW OR UNLISTED USES
A. Interpretation Process
The County recognizes that new types of land uses will develop, and
applicants may seek to locate land uses not anticipated in this UDO. When a
use category or use type is proposed that is not specifically listed, the
Planning Director shall make a determination as to the appropriate
classification of any new or unlisted form of land use based on the criteria
listed in subsection B below.
B. Interpretation Criteria
1. The Planning Director is authorized to classify uses on the basis of the
use category, subcategory, or use type, or if the use appears to fit into
multiple categories, subcategories, or use types; the Planning Director is
authorized to determine the most similar, and thus most appropriate, use
category, subcategory, or use type based on the actual or projected
characteristics of the principal use or activity in relationship to the use
category, subcategory, and use type descriptions provided in this
Ordinance. In making such determination, the Planning Director shall
consider:
a. The types of activities that will occur in conjunction with the use;
b. The types of equipment and processes to be used;
c. The existence, number, and frequency of residents, customers, or
employees;
d. Parking demands associated with the use;
e. Any special public utility requirements for serving the proposed use
type, including but not limited to electricity, water supply, wastewater
output, pretreatment of wastes and emissions required or
recommended, and any significant power structures or infrastructure
and communications towers and facilities;
f. The impact on adjacent structures, uses, or lands created by the
proposed use type, which should not be greater than that of other use
types in the zone district; and
g. Other factors deemed relevant to a use determination.
2. If a use can reasonably be classified in multiple categories, subcategories
or specific use types, the Planning Director shall categorize the use in the
category, subcategory, or use type that most closely matches the number
of factors met and identify the key reasons for that determination.
4.1.4. USE CLASSIFICATIONS
A. Agricultural Uses
This is a classification of uses characterized by active and ongoing agricultural and
forestry uses, activities, and related uses. An agricultural use, in general, means
the use of and for the growing and production of field crops, trees and plants,
livestock, aquatic, and animal products for the production of income. Other
Unified Development Ordinance | New Hanover County, NC 4-3
agricultural uses might include fruit and vegetable stands, livestock sales,
wholesale nurseries, and stables.
B. Residential Uses
This is a classification of uses made up of structures intended for ongoing and
continuous human habitation.
C. Civic & Institutional Uses
This classification of uses encompasses public, quasi-public, and private uses that
provide services of benefit to the public at-large.
D. Commercial Uses
This is a classification of uses that includes any retail, consumer service, or office
use.
E. Industrial Uses
This classification of uses primarily involves the processing of raw materials and
manufacture of goods but also includes the storage or shipment of goods and
treatment of waste, large-scale power generation, and processing and disposal of
waste and other materials.
Section 4.2. Allocation of Principal Uses
4.2.1. PRINCIPAL USE PERMISSIONS
Table 4.2.1: Principal Use Table, identifies which uses are permitted by right,
permitted subject to approval of a special use permit, and prohibited in each zoning
district. Permissions for the RFMU and EDZD districts are outlined in Article 3:
Zoning Districts. The meanings of abbreviations in Table 4.2.1 are set forth in
subsections A through D below.
A. A “P” in a cell indicates the use is permitted by right in the zoning district. Permitted
uses, except for exempt bona fide farm uses, are subject to all other applicable
standards of this UDO.
B. An “S” in a cell indicates that the use is allowed only if reviewed and approved as a
special use in accordance with Section 10.3.5, Special Use Permit. Special uses
are subject to all other applicable standards of this UDO.
C. An asterisk (“*”) beside a “P” or an “S” in a cell indicates that the use is subject to
use-specific standards, as outlined in Section 4.3, Standards for Specified Principal
Uses, in the respective zoning district.
D. A blank cell indicates that the use is not allowed in the respective zoning district.
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Section 4.3. Standards for Specified Principal Uses
4.3.1. AGRICULTURAL USES
A. All Agricultural Uses
1. Stable
[11-16-2020]
Stables in the AR, R-20S, R-20, and R-15 districts shall comply with the
following standards:
a. No stable shall be erected closer than 100 feet to any property line.
b. A buffer in compliance with Section 5.4, Landscaping and Buffering,
shall be required along property lines adjacent to residential uses.
4.3.2. RESIDENTIAL USES
A. Household Living
1. Dwelling, Dual-Unit Attached
a. In the R-20, R-15, R-10, and R-7 zoning districts, dual-unit attached
dwellings are only allowed as part of a performance residential
development and are subject to the maximum density for the district.
[09-08-2020]
b. Dual unit attached dwellings in the B-1 and B-2 districts shall comply
with the standards for multi-family dwellings in those districts.
2. Dwelling, Multi-Family
a. In the R-20, R-15, R-10, and R-7 zoning districts, multi-family
dwellings are only allowed as part of a performance residential
development and are subject to the maximum density for the district.
[09-08-2020]
b. Multi-family dwellings in the B-1 and B-2 districts shall comply with the
following standards:
1. Dwelling units must be part of mixed use development established
to provide innovative opportunities for an integration of diverse but
compatible uses into a single development that is unified by
distinguishable design features with amenities and walkways to
increase pedestrian activity.
2. The development shall be single ownership or unified control of a
property owners association.
3. Uses within the development are restricted to residential uses and
uses allowed in the B-1 district.
4. Sidewalks must be provided throughout the project.
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5. Parking location and quantity shall be shared.
6. Community facilities and/or common area shall be provided.
7. Mixed-Use Residential buildings are permitted and encouraged.
8. Conceptual elevations indicating proposed architectural style and
conceptual lighting plans shall be submitted with the application.
c. Multi-family dwellings in all districts shall be reviewed in accordance
with the same standards as established in this ordinance for
subdivisions even if the project does not involve the subdivision of
land. A Site Plan shall be submitted in accordance with Section
10.3.6, Site Plan. [05-03-2021]
3. Dwelling, Quadraplex
a. In the R-20, R-15, R-10, and R-7 zoning districts, quadraplex
dwellings are only allowed as part of a performance residential
development and are subject to the maximum density for the district.
[09-08-2020]
b. Quadraplex dwellings in the B-1 and B-2 districts shall comply with the
standards for multi-family dwellings in those districts.
4. Dwelling, Single-Family Detached
Single-family dwellings in the B-1 and B-2 districts shall comply with the
standards for multi-family dwellings in those districts.
5. Dwelling, Triplex
a. In the R-20, R-15, R-10, and R-7 zoning districts, triplex dwelling are
only allowed as part of a performance residential development and
are subject to the maximum density for the district. [09-08-2020]
b. Triplex dwellings in the B-1 and B-2 districts shall comply with the
standards for multi-family dwellings in those districts.
6. Dwelling, Row-Style
a. In the R-20, R-15, R-10, and R-7 zoning districts, row-style dwelling
are only allowed as part of a performance residential development
and are subject to the maximum density for the district. [09-08-2020]
b. Row-style dwellings in the B-1 and B-2 districts shall comply with the
standards for multi-family dwellings in those districts.
7. Dwelling, Two-Family (Duplex)
[11-16-2020]
Two-family dwellings in the B-2 district shall comply with the standards for
multi-family dwellings.
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8. Live/Work or Caretaker Unit
The purpose of this provision is to allow close physical proximity required
by the owner-operator or a full-time employee to effectively transact a
small business and yet maintain economically and safely a family dwelling
unit within the same structure.
a. Any attached and detached live/work unit shall be allowed, provided:
1. The dwelling unit shall be occupied solely by the person engaged
in the principal use, a full-time employee, or their family members
residing with them;
2. The building shall meet the minimum side and rear setbacks of the
R-15 district and the front setback requirements of the underlying
zoning district.
3. The site shall provide an open space, unobstructed by any
buildings, parking or structures, equal to the total floor space of
the dwelling unit.
4. The amount of floor area for the dwelling unit shall be not more
than 50 percent of the total floor area of the principal use.
5. The dwelling unit shall be located totally above the ground floor or
totally to the rear of the principal structure so as not to interrupt
the commercial frontage.
6. In addition to the required off-street parking for the principal use, 2
off-street parking spaces shall be provided for the dwelling unit.
7. A site plan and building layout shall be submitted with application.
b. A mobile home may be used as a separate and unattached residential
structure under this provision, provided the following standards:
1. An area of 15,000 square feet can be designated for the use of
residents, free from any use or activity needed to operate the
business;
2. The mobile home shall be screened from view by adjacent
properties or rights-of-way as specified in Section 5.4,
Landscaping and Buffering;
3. The dwelling unit shall be occupied solely by the person engaged
in the principal use, a full time employee, or their family members
residing with them;
4. The mobile home shall meet the minimum side and rear setbacks
of the R-15 District and the front setback requirements of the
underlying zoning district;
5. The mobile home shall be totally to the rear of the principal use so
as not to interrupt the commercial frontage; and
6. A site plan and building layout shall be submitted with application.
c. A single family dwelling unit may be constructed under this provision
as a caretaker home for the enforcement and maintenance of
conservation areas, provided:
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1. The dwelling shall be occupied solely by the person engaged in
the maintenance of the conservation land, an employee of the
organization holding the conservation easement, or their family
members residing with them;
2. The conservation easement allows a residence on the designated
conservation land;
3. The building shall meet the minimum side and rear setbacks of the
R-15 District and the front setback requirements of the underlying
zoning district; and
4. A site plan and building layout shall be submitted with application.
9. Mobile Home
Mobile homes in the I-1 and I-2 districts shall comply with all dimensional
requirements as specified for residential dwellings in the R-15 District.
10. Mobile Home, Doublewide
a. All doublewide mobile home structures shall have a gabled roof and
be permanently affixed to a continuous permanent masonry
foundation unpierced except for required ventilation and access.
b. Wheels, axles, transportation lights, and towing apparatus must be
removed.
11. Mobile Home Park
[11-16-2020]
Mobile home parks shall comply with the following standards:
a. General Standards
1. Density shall not exceed 2.5 units per acre outside of areas
designated as Employment Center, Urban Mixed Use, or
Community Mixed Use in the County’s Comprehensive Plan.
2. No person shall construct a mobile home park or make any
addition to a mobile home park that either alters the number of
sites for mobile homes within the park or affects the facilities
required therein without a permit authorizing such construction or
addition.
3. Every mobile home park shall contain at least three mobile home
spaces.
4. The amount of land for each mobile home space utilizing
individual septic tank systems shall be determined by the New
Hanover County Health department after an investigation of soil
conditions, the proposed method of sewage disposal, and
proposed water system. However, in no case shall the size of a
mobile home space be less than 5,000 square feet, and 6,000
square feet for multi-section units.
5. No mobile home park spaces shall be located in the 100-year
Floodplain.
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6. Parking shall be provided off-street at a ratio of 2:1 and shall be
set back a minimum of ten feet from the roadway surface.
b. Space Requirements
1. Each mobile home space shall be at least 40 feet wide.
2. There shall be at least 20 feet of clearance between mobile
homes, including ones parked end-to-end.
3. No mobile home shall be located closer than 75 feet to any
residentially zoned property not occupied by a mobile home park.
4. Mobile homes shall be set back a minimum of 29 feet from the
center line of the roadway.
c. Road Improvements
1. All roads in any mobile home park serving more than 25 spaces
shall be paved to county specifications.
2. Each road shall be at least 18 feet in width and shall be generally
centered in a right-of-way not less than 30 feet in width with direct
access to a publicly maintained street or highway.
3. Each mobile home space shall abut an improved interior road, but
none shall have direct access to a public street or thoroughfare.
4. Every street shall have a reserved strip six feet in width running
parallel and adjacent to each side of the paved surface that shall
be used for driveways, walkways, grass, low growing vegetative
cover, or utility rights-of-way and must be seeded.
5. Unless unusual topography or configuration of property lines
dictate otherwise, cul-de-sacs shall not exceed 1,000 feet in
length with a minimum turnaround of 80 feet in diameter and an
improved surface radius of 35 feet.
6. All streets will be appropriately identified with street name signs as
applicable.
7. Parks providing internal access using unpaved roads shall design
these roads to ensure emergency vehicle access.
d. Space Identification
All spaces shall be permanently identified with numbers at least three
inches high located on the ground by permanent markers or on
monuments, provided they are visible from the street. The numbers
may be pole-mounted provided the numbers do not exceed one
square foot and the pole does not exceed three feet in height except
that electrical pedestals may also be used for numbering. Each
individual mobile home shall also be affixed with lot identification
numbers erected on the façade of the structure that fronts the
roadway.
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e. Signage
Permanent identification signs for the park may be allowed provided:
1. The sign is non-illuminated and does not exceed 32 square feet in
area; and
2. The sign shall be located on private property and at least ten feet
from any public right-of-way and at least 20 feet from any dwelling
unit.
f. Open Space
1. The developer shall be responsible for ensuring adequate open
space areas are available for use by the residents in accordance
with Table 4.3.2.A.11.f: Required Open Space.
26-50 ½ acre
51-100 1 acre
101-150 1 ½ acres
Over 150 1 ½ acres + 199 square feet per lot over 150
2. All open space areas shall have a minimum of 2,500 square feet.
This requirement may be waived if the average lot size of the
mobile home park is 10,000 square feet or greater.
3. Open space areas shall be designed and located to be easily
accessible to all residents.
g. Street Lights
A lighting system consisting of electric lamps with 200-foot spacing or
as specified by power company standards shall be provided. Pole
mounted lights shall be set back 5 feet from the edge of the roadway
surface. Lighting intensity shall be based on the standards used by
the power company for candlepower at ground level.
h. Refuse Collection
Arrangements shall be made for a private vendor or other source to
collect refuse, either from individual spaces or from centrally located
dumpster sites. All dumpster locations are to be fenced and screened
from view. Individual refuse receptacles shall be waterproof and
rodent proof.
i. Sewage Disposal
All parks are to be provided with a sewage collection system and/or
septic tanks approved by the appropriate agency.
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j. Water Supply
All parks shall obtain water from a public source or a source as
approved by the local or state health agency.
k. Utilities
Each space shall be equipped with water, sewer, and electrical
connections.
l. Fire Hydrants
1. For any mobile home park with three or more spaces that is
served by a public or private central water system meeting state
requirements for fire hydrants, the developer shall be required to
install a fire hydrant at the entrance to the mobile home park.
2. For any mobile home park with 10 or more spaces that is served
by a central water system meeting state requirements for fire
hydrants, the developers shall be required to install additional
hydrants equal to the total linear feet of the roadway divided by
1,000 or to the total number of spaces divided by 40, whichever is
greater. These additional hydrants shall be spaced evenly
throughout the mobile home park in order to provide maximum fire
protection coverage, as determined by the County Fire Marshal.
In no case shall a space be located more than 500 feet from a
hydrant.
3. For any mobile home park with three or more spaces and with no
adequate central water system, but either including or adjacent to
an adequate, permanent surface water body, the developer shall
be required to do one of the following:
i. Install a dry fire hydrant as close to the water source as
possible, with the adequacy of the water source and location
of the dry fire hydrant to be determined by the County Fire
Marshal; or
ii. Establish an easement or road to the water source providing
permanent, all-weather access that is adequate, as
determined by the County Fire Marshal for fire-fighting
equipment and vehicles.
m. Mobile Home Stands and Anchors
Each mobile home space shall be improved to provide an adequate
foundation for the placement and anchoring of the mobile home as
follows:
1. The mobile home site shall be improved to provide an adequate
foundation for the placement and anchoring of the mobile home,
thereby securing the structure against uplift, sliding, rotation,
and/or overturning.
2. Each mobile home shall be provided with anchorage in
accordance with the North Carolina Uniform Standard Code for
Mobile Homes.
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n. Permitted Uses
1. Within a mobile home park, one mobile home or dwelling unit may
be used as an administrative office. Other administrative and
service buildings housing sanitation and laundry facilities or any
other such facilities shall comply with all applicable ordinances,
codes, and statutes regarding buildings, electrical installations,
plumbing, and sanitation systems.
2. Convenience establishments of a commercial nature, including
food stores, coin-operated laundries and dry cleaning
establishments, laundry and dry cleaning pickup stations, beauty
parlors, and barber shops may be permitted in mobile home parks
subject to the following restrictions:
i. Such establishments shall be located, intended, and
designed to serve only the trade or service needs of persons
residing in the park.
ii. Such establishments shall be subordinate to the residential
use and character of the park.
iii. Off-street parking for commercial establishments shall be
provided at a ratio of 1 space for every 400 square feet of
gross floor area.
iv. Such establishments shall present no visible evidence of
their commercial character from any portion of any
residential district outside the park.
v. Commercial establishments other than a coin-operated
laundry shall be limited to 500 square feet of gross floor area
for parks have less than 75 occupied mobile home spaces.
vi. Commercial establishments in parks having more than 75
occupied spaces shall be limited to 1,000 square feet of
gross floor area.
vii. Parks that decrease their occupied spaces to less than 75
for a period of 12 months shall be required to decrease the
amount of gross floor area for commercial establishments to
500 square feet.
viii. Vehicular access to such establishments shall be from
interior streets.
ix. Signs serving such establishments inside the mobile home
park shall be limited to 20 square feet in area, non-
illuminated, and shall be attached to the establishment.
o. Maintenance and Records
1. All service buildings, commercial structures, and the grounds of
the park shall be maintained in clean condition and kept free from
any condition that will menace the health of any occupant, the
public, or constitute a nuisance.
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2. It shall be the duty of the operatory of the park to keep an
accurate register containing a record of all occupants of the park.
The owner shall keep the register available at all times for
inspection by law enforcement officials, public health officials, and
other officials whose duties necessitate acquisition of the
information contained in the register. The register shall contain
the name and address of the occupants of each space.
p. Travel Trailers Prohibited
Travel trailers are not permitted in a mobile home park.
q. Occupancy
No mobile home space shall be occupied until all improvements have
been completed for the phase of the park under review and a final site
development plan for that phase has been signed by the Planning
Director. Final Site Plans shall comply with Section 10.3.6: Site Plan.
Required improvements shall include but not be limited to: installation
of water and sewer systems, installation of roads, electric systems
and street lighting, installation of roads and recreation area
development and marked spaces. A field inspection by the
appropriate inspection officials and engineering officials shall be
conducted to verify the installation of required improvements.
r. Improvement Sureties
Occupancy of an improved mobile home park space may be approved
in lieu of street paving and required landscaping provided the
developer provides the County a surety, either in the form of a bond,
cash in escrow or irrevocable letter of credit in an amount equal to the
projected cost of the improvements left incomplete. No surety or
portion thereof shall be released by the County until certification of
completion of the improvement has been provided.
12. Senior Living: Independent Living Retirement Community
Any independent living retirement community shall comply with the
dwelling type standards applicable for the development or unit type. For
example, if a multi-family structure is included in the development, the
dwelling must comply with multi-family dwelling unit standards. [10-03-
2022]
B. Group Living
1. Family Care Home
Family care homes shall not be located within a 2,000-foot radius of an
existing family care home.
2. Fraternity/Sorority Residence
Fraternity/sorority residences shall comply with the following standards:
a. All fraternity/sorority residences shall meet the location criteria
established for Additional Dwelling Allowances in Section 3.1.3.E.
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b. The lot size for the residence shall be no less than 20,000 square feet
for new construction and no less than 15,000 square feet for the
conversion of existing buildings.
c. The usable floor space shall be no less than 250 square feet per
resident.
d. A continual visual buffer a minimum of six feet in height and consisting
of a combined fence and evergreen hedge or shrubbery screen shall
be required to screen all parking areas from adjacent properties and
rights-of-way.
3. Group Home
[11-16-2020, 10-03-2022]]
Group homes shall comply with the following standards:
a. Group homes shall be limited to eight persons with disabilities, living
together as a self-supporting and self-sufficient household unit.
b. No group home shall be occupied or operated without zoning
approval.
1. Group homes that are exempt from licensure pursuant to NCGS
§122C-22 must recertify their exemption status annually; and
2. Group homes for special needs persons must recertify
qualification of all residents as special needs persons annually.
c. Group homes shall not be located closer than 2,000 feet to any other
existing group home, measured by a straight line from the nearest
property lines, irrespective of jurisdictional boundaries. The distance
shall be reduced by the right-of-way of a major thoroughfare
exceeding 100 feet, major topographical features such as a major
watercourse, or by major nonresidential or public uses such as a park,
school, or religious institution.
d. Reasonable accommodations shall be provided in accordance with
Section 10.3.13, Reasonable Accommodation.
4. Senior Living: Assisted Living Facility
[11-16-2020]
Developments in this category that are not part of a continuing care
retirement community shall comply with the following standards:
a. The minimum lot size is five acres.
b. Maximum height shall be limited to 35 feet when buildings are placed
within 50 feet of single-family residential lots or parcels.
c. Except as otherwise required by subsection c above, the height of
buildings may be increased to no more than 50 feet when setbacks
are increased to equal the proposed height of the building.
d. The site must be served by public water and sewer.
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e. Maximum impervious area shall not exceed 50 percent of the net
acreage. In areas where coastal stormwater rules apply, those limits
will supersede this provision.
f. Open space and improved recreation space shall be provided at a
rate of 20 percent of net acreage. Vegetative buffers of not less than
20 feet are required for all proposals.
g. Frontage on an arterial or collector roadway is required.
h. All other local state or federal permits or authorizations are required.
5. Senior Living: Continuing Care Retirement Community
[11-16-2020]
a. Standards in All Zoning Districts
Continuing care retirement communities in all zoning districts shall
comply with the following standards:
1. The minimum lot size is 20 acres.
2. Maximum impervious area for the total development may not
exceed 40 percent of the net acreage. In areas where coastal
stormwater rules apply, those limits will supersede this provision.
3. Commercial uses in the nature of small, neighborhood shops,
each not exceeding 5,000 square feet of gross floor area may
occupy up to 2 percent of the net acreage.
4. Maximum height may not exceed 35 feet for single family
structures designated for seniors or for any building within 50 feet
of single family residential lots or parcels.
5. Except as noted in subsection 5 above, maximum height may be
increased to no more than 50 feet when setbacks are increased to
equal the proposed height of the building.
6. Public water and sewer must serve the site.
7. Open space and improved recreational area shall be provided at a
rate of 35 percent of net acreage. Improved recreation space
shall be appropriate for seniors at all stages of lifestyle transition,
such as ADA accessible walkways, gardens, and parks.
8. Vegetative buffers of not less than 20 feet are required for all
proposals.
9. Frontage on an arterial or collector street is required unless
located in a Planned Development and meeting the requirements
outlined below.
10. All other local state or federal permits or authorizations are
required.
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4.3.3. CIVIC & INSTITUTIONAL USES
A. Child & Adult Care
1. Adult Day Care
Adult day care shall comply with the following standards:
a. Such facilities shall be limited to the care of no more than 50 adults
eighteen years of age or older.
b. Care shall not exceed 24 hours at one time.
c. Services must be provided in a home or facility certified to meet State
standards and shall be provided for the following individuals:
1. Adults who do not need nursing care but who require complete,
full-time daytime supervision;
2. Adults who need assistance with activities of daily living in order to
maintain themselves in their own homes; and
3. Adults who need intervention in the form of enrichment and
opportunities for social activities in order to prevent deterioration
that would lead to institutionalization.
2. Family Child Care Home
Family Child Care Homes in Residential Districts shall comply with the
following standards:
a. All dimensional requirements of the underlying district must be met.
b. The entire play area shall be enclosed with a fence having a minimum
height of 4 feet and constructed in such a manner that maximum
safety is ensured.
c. No outside sign in excess of two square feet shall be permitted,
except when such facility is located on an existing roadway identified
as a collector or arterial facility on the most recent officially adopted
Wilmington MPO Functional Classification Map, in which case the
maximum sign area shall be 12 square feet. [05-03-2021]
B. Civic
1. Animal Shelter
[11-16-2020]
Animal Shelters in R-15, R-20S, and R-20 Districts shall comply with the
following standards:
a. Minimum lot size shall comply with Table 4.3.3.B.1.a: Animal Shelter
Minimum Lot Size, based on the number of animals kept at the
shelter.
Unified Development Ordinance | New Hanover County, NC 4-33
For each additional acre beyond six acres, an additional ten animals may
be permitted. The minimum lot size requirements may be waived if the
shelter is constructed to entirely enclosed all facilities so as to adequately
protect all animals from weather extremes and to protect adjacent
residences from noise, odors, and other objectionable characteristics,
provided all building setback requirements are met.
b. All lots on which a shelter is located must have direct access onto a
street that meets the minimum requirements for acceptance and
maintenance by the NC Department of Transportation.
c. All structures shall have side and rear setbacks of 50 feet.
d. All county requirements regarding sewage disposal systems and
sanitation control methods shall be met.
e. No outside sign in excess of 2.25 square feet in area shall be
permitted.
2. Food Pantry
[11-16-2020]
Any areas utilized for waiting or dining shall be incidental in nature and
entirely located indoors.
3. Lodges, Fraternal, and Social Organizations
[11-16-2020]
Lodges, Fraternal, and Social Organizations in all residential districts shall
comply with the following standards:
a. All new sites shall be a minimum of two acres in size.
b. Structures shall have side and rear setbacks of 50 feet and a front
yard of at least 25 feet greater than that required for single family
residences within the district located.
c. Provisions for food, refreshments, and entertainment for club
members and their guests may be allowed in conjunction with such
use if the Board of County Commissioners determines that said
provisions will not constitute a nuisance.
4. Religious Assembly
[11-16-2020]
a. Religious Assemblies in the R-7, R-5 and RMF districts shall comply
with the following standards:
1. Religious institutions up to 1,000 or fewer seats are allowed as
long as:
4-34 New Hanover County, NC | Unified Development Ordinance
i. Structures are limited to a sanctuary or similar main gathering
facility that may also include individual rooms for
administration, dining halls, and classrooms. Accessory
structures for maintenance and storage purposes are
permitted.
ii. Signs shall not be internally illuminated.
2. The following uses are prohibited without a special use permit:
i. Outdoor recreational facilities, except those associated with
child care provided as part of the principal use. Such facilities
shall be restricted to “tot lots” or similar play areas.
ii. Schools associated with the institution.
iii. Indoor recreation facilities such as basketball courts or similar
facilities.
iv. Religious institutions with more than 1,000 seats, provided that
such facilities shall only be allowed if direct access is provided
from a Minor Collector road or greater as identified on the
most recent officially adopted Wilmington MPO Functional
Classification Map. [05-03-2021]
3. Primary vehicular access to the use shall not be provided by way
of a local residential street.
b. Religious Assemblies in the B-1, CB and CS districts shall comply
with the following standards:
1. Religious institutions are permitted with no seat limitations if
located on a Minor Collector road or greater as identified on the
most recent officially adopted Wilmington MPO Functional
Classification Map. [05-03-2021]
2. Primary vehicular access to the use shall not be provided by way
of a local residential street.
C. Communication and Information Facilities
[09-08-2020] [03-21-2022]
1. General Requirements for All Communication and Information
Facilities.
The following standards shall apply to all communications and information
facilities:
a. Setbacks
The following setback requirements shall apply to all communication
and information facilities except for Amateur radio antenna below 90
feet in height, which are exempt from these requirements in
accordance with NCGS 160D-905.
1. Residential Districts
The minimum setback for wireless facilities located in general
residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-
Unified Development Ordinance | New Hanover County, NC 4-35
5), multi-family districts, and residentially designated portions of
master planned developments shall be a distance equal to the
height of the wireless facility, as measured from the base of the
wireless facility to the tallest point, including lightning rods or
similar appurtenances.
2. All Other Districts
The minimum setback for wireless facilities located in all other
districts shall be equal to each facility’s engineered fall zone, as
established by a letter sealed by a licensed professional engineer
certifying that the wireless facility will not exceed the distance
specified in the letter should the wireless facility fail. Where an
engineered fall zone certification is not submitted, wireless
facilities shall be set back a distance equal to the height of the
wireless facility, as measured from the base of the wireless facility
to the tallest point, including lightning rods or similar
appurtenances.
b. Certification Required
All applicants seeking approval shall also submit a written affidavit
from a qualified person or persons, including evidence of their
qualifications, certifying that the construction or placement of such
structures meets the provisions of the Federal Communications Act,
47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax
Relief and Job Creation Act of 2012, 47 U.S.C. § 1455 (a), in
accordance with the rules promulgated by the Federal
Communications Commission (FCC), and all other applicable federal,
state, and local laws. The statement must certify that radio frequency
emissions from the antenna array(s) comply with the FCC standards.
The statement shall also certify that both individually and cumulatively
the proposed facilities located on or adjacent to the proposed facility
will comply with current FCC standards. In accordance with NCGS
160D-932, the county cannot base its permitting decision on public
safety implications of radio frequency emissions of wireless facilities.
c. Expert Review
Outside experts and disputes are subject to the following provisions:
1. Siting of telecommunications facilities may involve complex
technical issues that require review and input by outside experts.
Staff may require the applicant to pay the reasonable costs of a
third-party technical study or a proposed facility. Selection of
expert(s) to review the proposal shall be at the sole discretion of
the decision-making body.
4-36 New Hanover County, NC | Unified Development Ordinance
2. If the applicant for a telecommunications facility claims that one or
more standards of this ordinance are inconsistent with federal law
as applied to a particular property, or would prohibit the effective
provision of wireless communications within the relevant market
area, the decision-making body may require that the applications
be reviewed by a qualified engineer for a determination of the
accuracy of such claims. Any costs shall be charged to the
applicant.
d. Signage
Signage shall comply with the following standards:
1. Attaching commercial messages for off-site or on-site advertising
shall be prohibited.
2. The only signage that is permitted upon an antenna, wireless
support structure, equipment cabinet, or fence shall be information
and for the purpose of identifying:
i. The antenna support structure (such as ASR registration
number);
ii. The party responsible for the operation and maintenance of
the facility;
iii. Its current address and telephone number;
iv. Security or safety signs;
v. Property manager signs for the tower (if applicable); and
vi. Signage appropriate to warn the general public as to the use
of the facility for radiofrequency transmissions.
2. Amateur Radio Antenna
Except for in the I-1 and I-2 districts, Amateur Radio Antenna 90 feet in
height or taller, in addition to the standards set forth in Subsection
4.3.3.C.1 above, shall require a Special Use Permit and are subject to the
standards of 4.3.3.C.6 below.
3. Antenna & Towers Ancillary to the Principal Use
Except for in the I-1 and I-2 districts, Antenna & Towers 70 feet in height
or taller, in addition to the standards set forth in Subsection 4.3.3.C.1
above, shall require a Special Use Permit and are subject to the
standards of 4.3.3.C.6 below.
4. Collocations
a. Wireless collocations attached to existing structures that are not
considered non-substantial modifications shall not add more than six
feet to the overall height of a structure.
Unified Development Ordinance | New Hanover County, NC 4-37
b. The applicant is encouraged to provide simulated photographic
evidence of the proposed appearance of the collocation and a
statement as to the potential visual and aesthetic impacts on all
adjacent residential zoning districts. The simulation should include
overall height; configuration; physical location; mass and scale;
materials and color (including proposals for steel structures); and
illumination.
c. Concealed (stealth) or camouflaged facilities are encouraged when
the method of concealment is appropriate to the proposed location.
Stealth facilities may include but are not limited to: painted antenna
and feed lines to match the color of a building or structure, faux
windows, dormers, or other architectural features that blend with an
existing or proposed building or structure. Freestanding stealth
facilities typically have a secondary, obvious function such as a
church steeple, windmill, silo, light standards, flagpole, bell/clock
tower, water tower, or tree.
5. Non-Substantial Modification
a. The applicant is encouraged to provide simulated photographic
evidence of the proposed appearance of non-substantial modification
and a statement as to the potential visual and aesthetic impacts on all
adjacent residential zoning districts. The simulation should include
overall height; configuration; physical location; mass and scale;
material and color (including proposals for steel structures0; and
illumination.
b. Concealed (stealth) or camouflaged facilities are encouraged when
the method of concealment is appropriate to the proposed location.
Stealth facilities may include but are not limited to: painted antenna
and feed lines to match the color of a building or structure, faux
windows, dormers, or other architectural features that blend with an
existing or proposed building or structure. Freestanding stealth
facilities typically have a secondary, obvious function such as a
church steeple, windmill, silo, light standard, flagpole, bell/clock tower,
water tower, or tree.
6. Other Wireless Communication Facilities including New Wireless
Support Structures & Substantial Modifications
a. Standards for All New Wireless Support Structures and
Substantial Modifications
The following standards shall apply to all wireless support structures
and substantial modifications:
1. A landscaped buffer with a base width not less than 25 feet and
providing 100 percent opacity shall be required within the wireless
support structure site to screen the exterior of protective fencing or
walls. The base station and equipment compound of the wireless
support structure and each guy wire anchor must be surrounded
by a fence or wall not less than eight feet in height.
4-38 New Hanover County, NC | Unified Development Ordinance
2. All wireless support structures shall be constructed to
accommodate collocation. Structures over 150 feet in height shall
be engineered to accommodate at a minimum two additional
providers. Structures 150 feet or less in height shall be engineered
to accommodate at a minimum one additional provider.
3. Equipment compounds shall comply with the following standards:
i. Shall not be used for the storage of any equipment or
hazardous waste (e.g., discarded batteries) or materials
not needed for the operation. No outdoor storage yards
shall be allowed in a tower equipment compound.
ii. Shall not be used as a habitable space.
4. The applicant shall submit Form 7460 to the Federal Aviation
Administration (FAA) to assure compliance with all FAA standards
and to resolve issues of concern, including required lighting,
possible transmission interference or other conflicts when the
proposed wireless support structure site is located within 10,000
feet of an airport or within any runway approach zone.
b. Additional Standards for New Wireless Support Structures and
Substantial Modifications Allowed By-Right
The following standards shall apply to wireless support structures and
substantial modifications allowed by-right:
1. Except in the I-1 and I-2 districts, wireless support structures shall
be monopole or unipole construction; guyed or lattice-type towers
are prohibited.
2. Except in the I-1 and I-2 districts, all wireless equipment, including
any feed lines, antennas, and accessory equipment, must be
enclosed in the tower cannister, camouflaged, screened,
obscured, mounted flush, or otherwise not readily apparent to a
casual observer.
c. Additional Standards for New Wireless Support Structures and
Substantial Modifications Requiring Special Use Permits
Where Special Use Permits are required, all of the following standards
shall be applied, and all requirements must be met. Additional
conditions may be determined to mitigate negative impacts, and the
permit should be approved only if all negative impacts can be
mitigated.
1. The applicant shall provide evidence that collocating new
antennae and equipment on an existing wireless support structure
or structures within the applicant’s search ring is not reasonably
feasible. For the purposes of this section, collocation on an
existing wireless support structure is not reasonably feasible if the
collocation is technically or commercially impractical or the owner
of the existing wireless support structure is unwilling to enter into a
contract for such use at fair market value.
Unified Development Ordinance | New Hanover County, NC 4-39
2. The applicant shall conduct a balloon test prior to the submittal of
simulated photographic evidence of the proposed appearance of
the wireless support structure and wireless facilities. The applicant
shall arrange to raise a colored balloon no less than three (3) feet
in diameter at the maximum height of the proposed wireless
support structure. The balloon test shall provide the basis for
simulated photographic evidence from four vantage points and a
statement as to the potential visual and aesthetic impacts on all
adjacent residential zoning districts. The simulation shall include
overall height; configuration; physical location; mass and scale;
materials and color (including proposals for stealth structures);
and illumination.
3. Wireless support structures shall be monopole or unipole
construction; guyed or lattice-type towers are prohibited.
4. All wireless equipment, including any feed lines, antennas, and
accessory equipment, must be enclosed in the tower cannister,
camouflaged, screened, obscured, mounted flush, or otherwise
not readily apparent to a casual observer.
5. Wireless support structures located within general residential
districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5) shall be
required to utilize faux tree stealthing except where a structure is
proposed in an area containing such dense existing tree clusters
that the structure is not visible from existing single-family or duplex
residential uses and/or platted lots located within a general
residential district. Faux structures shall be designed to match a
species of tree located within the existing cluster of trees in which
a structure is proposed.
i. A wireless support structure may be exempted from this
requirement only by the Board of Commissioners as a
condition of approval on the special use permit.
d. Standards for Nonconforming Wireless Support Structures
Any wireless support structure and associated equipment which was
lawfully constructed under the terms of the Ordinance, which is now
considered a nonconforming improvement, may continue or be
reconstructed as a conforming improvement even though the wireless
support structure and associated equipment may not conform with the
provisions of this ordinance for the district in which it is located.
Wireless support structures and associated equipment may only be
enlarged and/or relocated if the enlarged or relocated wireless support
structure: is considered an eligible facilities request, eliminates the
need for an additional wireless support structure, provides additional
collocation opportunities on the wireless support structure, or provides
additional antenna space on the wireless support structure; and
provided further than the enlargement and/or relocation shall be in
conformance with the following regulations and design limitations:
4-40 New Hanover County, NC | Unified Development Ordinance
1. Wireless support structure height may not be increased by more
than 10 percent of the originally constructed structure height,
except where either of the following is applicable:
i. The district in which the wireless support structure is located
would allow the increase by right, or
ii. The wireless support structure was originally permitted as a
special use permit and applicant obtains a special use permit
modification, as described in UDO Section 10.3.5 Special Use
Permit.
2. A wireless support structure shall be allowed to be reconstructed
and relocated within the boundaries of the property on which it is
located so long as the decrease in the setbacks does not exceed
10 percent of the originally constructed structure height and the
relocated structure is sited to minimize any increase in the existing
nonconformity. Any request to reconstruct and relocate the
structure where the resulting decrease in setback exceeds 10
percent of the originally constructed structure height shall require
a special use permit or special use permit modification, as
described in UDO Section 10.3.5, Special Use Permit.
D. Educational Services
RESERVED
E. Government Services
RESERVED
F. Health Care Facilities
1. Hospital
Hospitals in the R-20, R-15, and R-10 districts shall comply with the
following standards:
a. The minimum lot size is two acres.
b. The structure shall have side and rear setbacks of 50 feet and a front
yard of at least 25 feet greater than required of single family
residences within the district in which located.
2. Nursing and Rehabilitation Center
Nursing and Rehabilitation Centers in all districts where a special use
permit is required shall comply with the following standards:
a. The minimum lot size is two acres.
b. The structure shall have side and rear setbacks of 50 feet and a front
yard of at least 25 feet greater than required of single family
residences within the district in which located.
c. The number of beds approved should correspond to the number of
beds allocated to the applicant by an approved certificate of need.
Unified Development Ordinance | New Hanover County, NC 4-41
3. Urgent Care Facility
[11-16-2020]
Urgent Care Facilities seeking approval of a heliport as an accessory use
must obtain a Special Use Permit.
G. Recreation, Parks, and Open Space
1. Boating Facility, Community
[11-16-2020]
Community boating facilities shall comply with the following standards:
a. The rights to use such facility must be conferred by an easement
appurtenant to the residential lot it is intended to serve.
b. The applicant shall demonstrate that the project will have minimal
impacts on water quality, primary nursery areas, shellfish grounds,
and conservation resources.
c. The number of boat slips may not exceed the number of residential
lots or dwelling units within the associated development.
d. Commercial activities, including but not limited to the sale of gasoline,
oil, marine supplies and food stuffs, shall be strictly prohibited.
2. Boating Facility, Private Residential
The rights to use a private residential boating facility must be conferred by
an easement appurtenant to the residential lot it is intended to serve.
3. Cemetery
A cemetery shall meet the minimum requirements of the NC State
Cemetery Commission.
H. Transportation
1. Marina, Commercial
[11-16-2020]
Commercial marinas in Residential and B-1 Districts shall comply with the
following standards:
a. Night lighting by design and construction shall be contained on the
site.
b. A site plan shall be submitted for review and approval.
c. The applicant shall demonstrate that the siting of the facility will have
minimal impacts on water quality, primary nursery areas, shellfish
grounds, and conservation resources.
d. Any accessory dry stack boat storage facility must be clearly identified
on the approved site plan, be described in the findings of fact, and
meet all accessory use-specific standards outlined in Section 4.3.5:
Standards for Specified Accessory Uses.
4-42 New Hanover County, NC | Unified Development Ordinance
2. Marina, Commercial with Floating Structures
[11-16-2020]
Commercial marinas with floating structures shall comply with the
following standards:
a. Floating structures shall not be located within 15 feet of the waterward
extension of all property lines.
b. Not more than one dwelling unit per floating structure shall be
permitted.
c. A permanent pier, dock, or walkway with adequate night lighting shall
join each floating structure and the adjacent shoreline.
d. Each floating structure shall be inspected and approved by the
Building Safety Department prior to placement in the marina. This
approval shall be dependent upon, but not limited to, approval of the
electrical system and the method of exiting.
e. Each floating structure shall be provided with permanent water and
sewer systems approved by the New Hanover County Health
Department. All wastewater piping from the unit shall be constructed
to the NC State Plumbing Code. No overboard discharge openings
through the hull or structure shall be permitted except for one
dewatering pipe which may not be connected to wastewater piping.
f. A system for collection and removal of solid wastes and refuse shall
be approved by the New Hanover County Health Department.
g. A minimum of 2,000 square feet of gross land area contiguous and
above mean high water shall be provided for each floating structure
on-shore.
h. A site plan shall be submitted for approval showing all improvements
as required by this ordinance.
i. Any floating structure existing prior to the original adoption of these
use standards on April 2, 1984 was required to conform within one
year of that date.
j. The applicant shall demonstrate that the siting of the facility will have
minimal impacts on water quality, primary nursery areas, shellfish
grounds, and conservation resources.
I. Utilities
1. Electric Substation
Electric substations in the R-5 and RMF Districts shall comply with the
following standards:
The substation must be screened in accordance with Section 5.4,
Landscaping and Buffering, except that screening may be reduced if
the substation is completely screened from view of the public right-of-
way or adjacent property.
Unified Development Ordinance | New Hanover County, NC 4-43
2. Utility Lines, Structures, and/or Facilities; General
a. General utility lines, structures, and/or facilities in all districts shall
comply with the following standards:
1. All sewage and disposal and collection facilities shall be designed
and installed in accordance with the standards and requirements
set by CFPUA and/or appropriate local or state agency.
2. Non-CFPUA sewage treatment systems shall be located only in
those districts in which the use they are serving is permitted.
However, non-CFPUA sewage treatment systems serving uses in
more than one district may be located in any of those use districts.
b. General utility lines, structures, and/or facilities in the R-5 and RMF
districts shall comply with the following standards:
1. The utility must be screened in accordance with Section 5.4,
Landscaping and Buffering, except that screening may be reduced
if the utility is completely screened from view of the public right-of-
way or adjacent property.
4.3.4. COMMERCIAL USES
A. Amusement & Entertainment Uses
1. Adult Entertainment Establishment
Adult entertainment establishments in the I-1 District shall comply with the
following standards:
a. Each adult entertainment establishment shall be located a minimum of
1,000 feet from any existing adult entertainment establishment. Such
measurement shall be the horizontal distance between the nearest
property lines of the proposed and existing adult entertainment
establishment.
b. Each adult entertainment establishment shall be located a minimum of
1,000 feet from any residentially zoned area, Child Care Center,
Family Child Care Home, Religious Assembly, Elementary and
Secondary Schools, and Park and Recreation Area. Such
measurement shall be the horizontal distance between the property
line of the proposed adult entertainment establishment and the
nearest residential zoning line or property line of any church, school,
or park. [05-03-2021]
c. Any display, device, or sign that depicts or describes specified sexual
activities or specified anatomical areas shall be out of view of the
public way and surrounding property.
d. Any adult entertainment establishment existing prior to the original
adoption of these use standards on November 1, 1993 was required
to conform within one year of that date.
2. Electronic Gaming Operation
[11-16-2020]
Electronic gaming operations shall comply with the following standards:
4-44 New Hanover County, NC | Unified Development Ordinance
a. Hours of operation shall be limited to 8:00 am through 12:00 midnight,
seven days per week.
b. Alcohol sales or consumption shall be prohibited.
c. The maximum number of machines/terminals/computers for any
electronic gaming operation business is ten.
d. All food or beverage to be served or distributed by the establishment
must meet the requirements of the New Hanover County
Environmental Health Department, including any and all permits and
licenses.
e. Fire Services shall set an occupancy limit for the establishment prior
to submission of an application.
f. Maximum daily cash payout shall not exceed $600. Winning which
exceed this amount shall be paid out in the form of a check or credit.
All establishments engaged in internet and sweepstakes operations
must comply with all reporting requirements regulated by the Internal
Revenue Service.
g. Any building and/or zoning permits issued for electronic gaming and
sweepstakes operations shall be subject to annual review (from the
date of approval) to ensure compliance with all relevant regulations
and conditions.
h. Electronic gaming operations shall be located a minimum distance of
500 feet, measured in a straight line in any direction from closest point
of the building and parking lot of the proposed business to the
property line of any of the following:
1. A residence or a residential zoning district
2. A place of worship or other religious institution
3. A day care center or public or private school
4. A public park, playground, or public library
5. Another electronic gaming operation
6. An adult entertainment establishment
i. Applicants shall submit a current straight line drawing prepared within
30 days prior to the application by a registered surveyor, depicting the
property lines and the structures containing any of the above uses
and the straight line measurements to each. A use outlined under
subsection h above, shall be considered to be existing or established
if it is in place or actively under construction at the time an application
is submitted. Residential zoning districts shall be based upon the
most current official zoning map.
j. All legally operating gaming operations made nonconforming by
adoption of this section shall be removed or brought into compliance
with these provisions within 60 months of the date of adoption of this
section.
Unified Development Ordinance | New Hanover County, NC 4-45
3. Event Center
[11-16-2020]
Event Centers in the B-1 and CB Districts shall be limited to indoor
operations only, except that outdoor operations may be allowed in these
districts if approved by a Special Use Permit.
4. Indoor Recreation Establishment
[11-16-2020]
Indoor recreation establishments in residential districts and in the O&I
District shall comply with the following standards:
a. All buildings shall be set back from the right-of-way at least 50 feet
and 100 feet if the site is in the Special Highway Overlay District.
b. Signage shall be limited to one ground sign not to exceed 32 square
feet and shall be set back from the right-of-way at least 25 feet.
c. Access to the site shall be provided by a Minor Collector road or
greater, as designated on the most recent officially adopted
Wilmington MPO Functional Classification Map. [05-03-2021]
5. Outdoor Recreation Establishment
[11-16-2020]
Outdoor recreation establishments in residential districts and the O&I
District shall comply with the following standards:
a. All buildings shall be set back from the right-of-way at least 50 feet
and 100 feet if the site is in the Special Highway Overlay District.
b. Signage shall be limited to one ground sign not to exceed 32 square
feet and shall be set back from the right-of-way at least 25 feet.
c. Access to the site shall be provided by a Minor Collector road or
greater, as designated on the most recent officially adopted
Wilmington MPO Functional Classification Map. [05-03-2021]
6. Outdoor Shooting Range
Outdoor shooting ranges shall comply with the following standards:
a. All shooting areas shall be setback a minimum distance of 100 feet
from any street right-of-way.
b. The firing range shall have a natural earth embankment a minimum of
ten feet high placed behind all targets within the shooting area.
c. The firing range shall be posted “No Trespassing-Danger-Shooting
Range” at 100 feet intervals around the perimeter.
d. At least one qualified individual in the sponsoring club or organization
shall be certified for shooting range supervision. Each facility shall
adopt safety rules and regulations as determined by the sponsoring
club or organization.
e. The firing range shall be covered by a minimum of $300,000 of
accident and liability insurance.
4-46 New Hanover County, NC | Unified Development Ordinance
B. Animal Services
1. Animal Grooming Service
[11-16-2020]
Animal Grooming Services within the B-1, CB, and O&I Districts shall not
include outdoor runs or play areas.
2. Equestrian Facility
[11-16-2020]
Equestrian facilities in the AR, R-20S, R-20, and R-15 districts shall
comply with the following standards:
a. No stable shall be erected closer than 100 feet to any property line.
3. Kennel
[11-16-2020]
Kennels in the R-15, R-20S, and R-20 districts shall comply with the
following standards:
a. Minimum lot size shall comply with Table 4.3.4.B.3.a: Minimum Lot
Size for Kennel, based on the number of animals kept on site. For
each additional acre beyond six acres, an additional ten animals may
be permitted. The minimum lot size requirements may be waived if the
shelter is constructed to entirely enclosed all facilities so as to
adequately protect all animals from weather extremes and to protect
adjacent residences from noise, odors, and other objectionable
characteristics, provided all building setback requirements are met.
1-10 2 acres
11-20 4 acres
21-30 6 acres
b. All lots on which a shelter is located must have direct access onto a
street that meets the minimum requirements for acceptance and
maintenance by the NC Department of Transportation.
c. All structures shall have side and rear setbacks of 50 feet.
d. All county requirements regarding sewage disposal systems and
sanitation control methods shall be met.
e. No outside sign in excess of 2.25 square feet in area shall be
permitted.
C. Commercial Services
1. Off- Premises Advertising
See Section 5.6, Signs.
Unified Development Ordinance | New Hanover County, NC 4-47
2. Mini-Warehouse/Self-Storage
[09-08-2020]
When located in the B-2 District or UMXZ District or when established on
a lot having frontage on Market Street, Carolina Beach Road, College
Road, or Castle Hayne Road, mini-warehouse/self-storage facilities shall
comply with the following standards:
a. Except as otherwise authorized in this subsection, all property stored
on the site shall be enclosed entirely within enclosed buildings.
b. A minimum of ten percent of the area of each building façade that
faces a public or private street, a shared parking area, a pedestrian
way, or designated open space shall consist of transparent windows
or doors. For purposes of this requirement, portions of a façade that
are screened from view at ground level from the street, parking area,
pedestrian way, or open space, as applicable, shall not count toward
the building façade area.
c. The color of building exteriors visible from ground level view from the
street or from abutting properties at ground level shall be natural
tones found as predominant colors in the natural environment, such
as muted tones of green, brown, beige, yellow, or tan. The use of
colors on a building exterior that are significantly more intense,
vibrant, or bright compared to nearby properties so as to call attention
to the establishment is prohibited.
d. The use of metal as a primary material is prohibited on perimeter or
exterior walls that are visible from an arterial street or from a
residential district or existing residential development, unless in the
form of:
1. Architectural concealed fastener metal panels, or
2. A mix of paneling types with non-concealed fastener panels
making up no more than 50% of the metal paneling used. [05-03-
2021]
e. The only commercial uses permitted on-site shall be the rental of
storage space, the pickup and deposit of goods or property in dead
storage, and the sale or rental of goods incidental to on-site storage
(e.g., boxes, tape, and labels).
f. Outdoor storage shall be limited to the storage of licensed and
operational recreational vehicles and boats. Such storage shall:
1. Be located to the rear of the principal structure;
2. Be screened from all public rights-of-way and abutting properties
by a fence or wall and vegetation that complies with the design
requirements for a Combination Planted Buffer Strip and Fencing
type of transitional buffer.
3. Limit the height of any boat or recreational vehicle located within
45 feet of a property line to a maximum of 12 feet and any other
boat or recreational vehicle to a maximum of 14 feet;
4-48 New Hanover County, NC | Unified Development Ordinance
4. Be limited to a specific delineated area which does not interfere
with on-site vehicular circulation;
5. Not exceed 20 percent of the buildable area of the site; and
6. Not include any dry stacking of boats (dry stacking of boats is
prohibited).
D. Food & Drink
RESERVED
E. Lodging
1. Bed and Breakfast Inn
[11-16-2020]
Bed and breakfast inns in the RA, AR, R-20S, R-20, and R-15 districts
shall comply with the following standards:
a. No lighting beyond normal residential lighting is allowed.
b. The only signage allowed shall be one attached wall sign no greater
than four square feet.
2. Campground/Recreational Vehicle (RV) Park
a. Every recreational vehicle park shall contain at least 25 spaces.
b. Recreational vehicles and travel trailers shall only be occupied in
approved campgrounds.
c. Every space shall consist of a minimum area of 2,000 square feet.
Each space shall be designated on the ground by permanent markers
or monuments.
d. Parking spaces sufficient to accommodate at least one motor and
camping vehicle shall be constructed within each space.
e. All spaces developed adjacent to a public street shall be set back a
minimum of 40 feet from the street right-of-way.
f. All spaces shall be located on sites with elevations that are not
susceptible to flooding. The spaces shall be graded to prevent any
water from ponding or accumulating within the park. Each space shall
be properly graded to obtain a reasonably flat site and to provide
adequate drainage away from the space.
g. The park shall have all weather roads that directly abut each space.
All road rights-of-way shall be 20 feet except that one-way roads may
have a minimum width of 12 feet. In areas of heavy traffic use, 30-
foot rights-of-way shall be required.
h. No space shall have direct vehicular access to a public road.
i. The park shall be developed with proper drainage ditches. All banks
shall be sloped and seeded.
Unified Development Ordinance | New Hanover County, NC 4-49
j. Cul-de-sacs or dead-end roads shall not exceed 1,000 feet in length
measured from the entrance to the center of the turnaround. Any road
designed to be permanently closed shall have a turnaround at the
closed end with a minimum right-of-way diameter of 80 feet.
k. When the park has more than one direct access to a public road, they
shall not be less than 300 feet apart or closer than 300 feet to a public
road intersection unless unusual site conditions demand otherwise.
l. Each park shall have a central structure or structures that will provide
separate toilet facilities for both sexes. This structure may also contain
a retail sales counter and/or coin operated machine for the park
residents’ use only, provided there is no exterior advertising. Vending
machines also may be permitted in a sheltered area.
m. No swimming pool or bathing area shall be installed, altered,
improved, or used without compliance with applicable Health
department regulations. No bathing area shall be used without the
approval of the New Hanover County Health Department.
n. Park identification signs shall comply with the following standards:
1. No more than two signs with a total area of not more than 32
square feet for each sign may be permitted.
2. Signs shall be located on park property no closer than 10 feet to
any property line or road right-of-way.
3. Only indirect non-flashing lighting may be used for illumination and
the sign must be constructed in such a manner as to prevent a
direct view of the light source from any public right-of-way.
o. Sanitary facilities shall be provided in accordance with the following
standards:
1. All toilet, shower, lavatory, and laundry facilities shall be provided
and maintained in a clean and sanitary condition and kept in good
repair at all times.
2. They shall be safely and adequately lighted.
3. Facilities shall be easily accessible and conveniently located.
4. All toilet, shower, lavatory, and laundry room facilities shall be
acceptable to the New Hanover County Health department and
shall be inconformity with all New Hanover County codes.
5. All buildings shall be constructed in accordance with the building
codes for the county.
p. Water supply shall comply with the following standards:
1. A safe, adequate, and conveniently located water supply must be
provided for each park.
2. No water supply shall be installed, altered, or used without the
approval of the New Hanover County Health Department.
q. Sewage disposal shall comply with the following standards:
4-50 New Hanover County, NC | Unified Development Ordinance
1. Sewage dumping stations shall be approved by the New Hanover
County Health Department.
2. Each park shall provide at least one sewage dumping station.
3. No method of sewage disposal shall be installed, altered, or used
without the approval of the New Hanover County Health
department.
4. All sewage wastes from each park, including wastes from toilets,
showers, bathtubs, lavatories, wash basins, sinks, and water
using appliances not herein mentioned, shall be piped into the
park’s sewage disposal system or systems.
r. Open space shall be provided in accordance with the following
standards:
1. Each park shall provide open space areas to serve the needs of
the anticipated users.
2. A minimum of 0.25 acres of level, well-drained ground for every 50
spaces shall be required as open space.
3. The park owner is responsible for the development and
maintenance of all open space areas.
s. Fire hydrants shall be provided in accordance with the following
standards:
1. The developer of any campground or recreational vehicle park
with a central water system meeting State requirements for fire
hydrants shall be responsible for providing adequate fire
protection for the park through the provision of a fire hydrant
located as close as possible to the entrance of the park.
2. The hydrant shall be connected to the central water system
serving the park and in accordance with specification established
by the County Fire Marshal.
t. The park owner is responsible for refuse collection.
u. It shall be unlawful for a person to park or store a mobile home in a
campground or recreational vehicle park. However, one mobile home
may be allowed within a park to be used as an office and/or residence
of persons responsible for the operation and maintenance of the travel
trailer park.
v. It shall be the duty of the operatory of the campground or recreational
vehicle park to keep an accurate register containing a record of all
occupants of the park. The owner shall keep the register available at
all times for inspection by law enforcement officials, public health
officials, and other officials whose duties necessitate acquisition of the
information contained in the register. The register shall contain the
following information:
1. Name and address of the occupants of each space;
2. Date entering and leaving the park; and
Unified Development Ordinance | New Hanover County, NC 4-51
3. The license number of each vehicle (car, truck, camping vehicle,
etc.) with state of issuance, make, and type of equipment.
F. Office
1. Contractor Office
Contractor offices shall comply with the following standards:
a. In the B-1 and CB districts, outside storage areas are prohibited.
b. In the CB District, all work associated with contractor operations shall
be conducted entirely within enclosed structures.
G. Personal Services
RESERVED
H. Retail Sales
1. Convenience Store
[11-16-2020]
Convenience stores in the RA, AR, R-15, R-10, and R-7 Districts shall
comply with the following standards:
a. The total amount of land devoted to such use shall not exceed one
acre.
b. The gross square footage of the structure shall not exceed 3,000
square feet.
c. The use shall be limited to providing convenience food sales and
gasoline sales to the surrounding residential area, provided that
vehicular service such as, but not limited to, auto repair, sale of auto
accessories, washing, etc. shall not be permitted.
d. A convenience food store shall not be permitted within the interior of a
subdivision.
e. Specifications for a proposed principal use sign shall be submitted
with the application for the Special Use Permit.
f. Fuel sales may be approved provided such sales shall be limited to
one pump island located a minimum distance of 30 feet from any
street right-of-way and 40 feet from any side or rear lot line.
Overhead canopies shall be measured in accordance with Section
4.3.4.I.2.b
I. Vehicle & Equipment Sales & Service
1. Car Wash
[11-16-2020]
Car washes in the CB District shall comply with the following standards:
a. No outdoor work shall be performed except in areas designated for
such activity on an approved site plan.
b. The premises shall not be used for the sale of vehicles.
4-52 New Hanover County, NC | Unified Development Ordinance
2. Fuel Sales
[11-16-2020]
Fuel sales in all districts where allowed shall comply with the following
standards:
a. The premises shall not be used for the sale of vehicles.
b. Fuel pump canopies shall meet the setbacks of the underlying zoning
district, as measured from the outer edge of any supportive structure
physically connected to a fuel pump and the ground along a straight
line to the nearest point of the property line.
c. Setback distances from street rights-of-way may be reduced by one-
half.
Fuel sales in the R-15 District shall comply with the following standards:
d. Fuel sales may be allowed in conjunction with a convenience store
use Special Use Permit.
e. Such sales shall be limited to one pump island located a minimum
distance of 30 feet from any street right-of-way and 40 feet from any
side or rear lot line.
3. Vehicle Rentals
Vehicle rentals in the CB District may display no more than ten
automotive vehicles.
4. Vehicle Service Station, Minor
[11-16-2020]
Minor vehicle service stations in the B-1 and CB Districts shall comply
with the following standards:
a. No automobile towing operations are allowed.
b. All repair work or lubrication shall be conducted within the principal
building. All permanent storage of materials, merchandise, or repair
and servicing equipment shall be contained within the principal
building.
c. No operator shall permit the storage of motor vehicles for a period in
excess of 24 hours unless the vehicles are enclosed in the principal
building.
d. Service or customer vehicles shall be parked on the premises in a
manner that will not create traffic hazards or interfere with the
vehicular maneuvering area necessary to enter or exit the site.
e. The premises shall not be used for the sale of vehicles.
f. No outdoor work shall be performed except in areas designated for
such activity on an approved site plan.
g. Outdoor work areas shall be fenced, walled, or screened to minimize
on-site and off-site noise, glare, odor, or other impacts.
Unified Development Ordinance | New Hanover County, NC 4-53
4.3.5. INDUSTRIAL USES
A. Design & Technology Services
RESERVED
B. Industry & Manufacturing
1. Artisan Manufacturing
[11-16-2020]
Artisan manufacturing in the B-1 and CB Districts shall comply with the
following standards:
a. One or more accessory uses, such as a restaurant, retail,
demonstration area, education and training facility or other incidental
use open and accessible to the public shall be included.
b. Storage of materials, including silos, products for distribution, and
other items requiring long-term storage shall be allowed in areas
behind a building, within service alleys, in an enclosed building, or
otherwise screened from the public right-of-way, pedestrian way, and
adjacent residential properties.
c. Off-site distribution via tractor trailer is only permitted if the truck traffic
is limited to streets classified as arterials on the most recent officially
adopted Wilmington MPO Functional Classification Map. [05-03-2021]
C. Intensive Industry
1. Mining & Quarrying, High Intensity
High intensity mining and quarrying shall comply with the following
standards:
a. The minimum lot size shall be one acre.
b. Soil or other unconsolidated material (i.e. sand, marl, rock, fossil
deposits, peat, fill or topsoil) may be removed for use off-site.
c. Additional on-site processing shall be permitted (i.e. use of conveyor
systems, screening machines, crushing, or other mechanical
equipment).
d. All mining operations and their associated activities must be located a
minimum of 100 feet from all property lines when dewatering occurs.
e. High intensity mining operations shall not be allowed in areas
classified as aquifer resource protection or watershed resource
protection on the 2006 CAMA Land Classification Map.
2. Mining & Quarrying, Low Intensity
Low intensity mining and quarrying shall comply with the following
standards:
a. Low intensity mining operations may not occupy more than 20 acres.
b. Soil or other unconsolidated material (i.e. sand, marl, rock, fossil
deposits, peat, fill or topsoil) may be removed for use off-site.
4-54 New Hanover County, NC | Unified Development Ordinance
However, no further on-site processing is permitted (i.e. use of
conveyor systems, screening machines, crushing, or other
mechanical equipment). Mining activities where other on-site
processing activities are conducted are considered Mining &
Quarrying, High Intensity
c. The use of explosives is not permitted.
d. All mining operations and their associated activities shall comply with
the following standards when dewatering occurs:
1. Must be located a minimum of 100 feet from all property liens.
2. The depth of each excavation pit shall not exceed 35 feet.
3. Sanitary Landfill
Sanitary landfills shall comply with the following standards:
a. No refuse shall be deposited and no building or structures shall be
located within 50 feet of the nearest property line.
b. The operation of the landfill shall be carried out in accordance with the
standards and procedures prescribed by the NC Department of
Environmental Quality.
D. Warehousing, Storage, & Wholesale Sales and Distribution
1. Recreational Vehicle and Boat Trailer Storage Lot
[11-16-2020]
Recreational vehicle and boat trailer storage lots shall comply with the
following standards:
a. The use shall be solely open-air and ground level. No enclosing or
overhead covering structures shall be installed.
b. Access shall be from a public or private street right-or-way.
c. A minimum buffer of 20 feet shall be provided in accordance with the
provisions of Section 5.4: Landscaping and Buffering.
d. Repair, maintenance, or habitation of any recreational vehicle or boat
stored in the facility is prohibited.
2. Warehousing
[11-16-2020]
Storage of live animals, explosives, and flammable gases or liquids is
prohibited in warehousing in the B-2 and CS Districts.
3. Wholesaling
[11-16-2020]
Wholesaling shall comply with the following standards:
a. Wholesaling of live animals, explosives, and flammable gases or
liquids is prohibited in the B-2 and CS Districts.
b. No outside storage is allowed in the PD, B-2, and AC Districts.
Unified Development Ordinance | New Hanover County, NC 4-55
E. Waste & Salvage
1. Commercial Recycling Facility, Large Collection
[11-16-2020]
Large collection commercial recycling facilities shall comply with the
following standards:
a. The facility may be larger than 500 square feet and on a separate
property or tract of land.
b. Facilities permitted by special use permit shall be limited to receiving
only paper, glass, metal, and plastic recyclable products.
c. The site must be monitored daily to maintain sanitary conditions.
d. The facility and its appurtenant uses shall not be located closer than
100 feet to any residentially-zoned property.
e. Loading and outside storage shall comply with the following
standards:
1. All loading and outside storage shall be to the side and/or rear of
the building.
2. Storage or loading conducted on the side of the building shall be
screened from view from the adjacent right-of-way.
3. All exterior storage shall be in containers or under shelters that
are covered and secured.
4. No outside storage shall be visible from residentially-zoned
property.
f. The facility may not operate between the hours of 7:00 PM and 7:00
AM when adjacent to residentially-zoned property.
2. Commercial Recycling Facility, Processing
[11-16-2020]
Processing commercial recycling facilities shall comply with the following
standards:
a. The facility and its appurtenant uses shall not be located closer than
150 feet to any residentially-zoned properties.
b. Power-driven equipment is permitted.
c. Loading and outside storage shall comply with the following
standards:
1. All loading and exterior storage shall be to the side or rear of the
building.
2. Storage or loading conducted to the side of the building shall be
screened from view from the adjacent right-of-way.
3. All exterior storage shall be in containers or under shelters that
are covered and secured.
4-56 New Hanover County, NC | Unified Development Ordinance
4. No outside storage shall be visible from residentially-zoned
properties.
d. The facility shall not emit dust, smoke fumes, or vibrations detectable
on adjacent properties.
3. Commercial Recycling Facility, Processing and Collection
[11-16-2020]
Commercial Recycling Facilities, Processing and Collection shall meet
the standards of Commercial Recycling Facility, Processing and either
Commercial Recycling Facility, Large Collection or Commercial Recycling
Facility, Small Collection, whichever collection use is applicable. In the
event where there is a conflict in standards between the Processing use
and applicable Collection use, the most stringent standards shall apply.
4. Commercial Recycling Facility, Small Collection
[11-16-2020]
Small collection commercial recycling facilities shall comply with the
following standards:
a. The facility may not exceed 500 square feet in size.
b. Facilities shall be limited to receiving only paper, glass, metal, and
plastic recyclable products.
c. The facility must be located on a host tract, provided is does not
occupy parking spaces needed by the primary use to comply with the
requirements of Section 5.1, Parking and Loading.
d. The facility must be set back at least 10 feet from any street right-of-
way.
e. The facility shall be located at least 100 feet from any residentially
zoned property line.
f. No power-driven equipment is allowed except collection trucks.
g. Containers shall be constructed of durable, waterproof, and rustproof
materials.
h. No material storage outside the container is allowed.
i. No signage other than an identification logo not exceeding ten square
feet attached to the storage container is allowed.
j. The name, address, and p hone number of the organization and/or
persons responsible for pick-ups and maintenance of the facility shall
be displayed on the container.
k. The site must be monitored daily to maintain sanitary conditions.
l. The facility shall not reduce the landscaping required for any
concurrent use.
5. Landfill, Demolition
[11-16-2020]
Demolition landfills shall comply with the following standards:
Unified Development Ordinance | New Hanover County, NC 4-57
a. A site plan for the proposed demolition landfill meeting the
requirements outlined in Section 10.3.6, Site Plan, shall be submitted
to the NHC Environmental Health and Planning and Land Use
departments for review and approval in accordance with NC Solid
Waste Management Rules.
b. No demolition landfill shall be located within 500 feet of any residence,
church, school, and/or place of assembly nor within 100 feet from any
stream, creek, canal, marsh, estuarine waters, lake, river, and/or
impoundment.
c. The filling of lower lying areas with demolition materials may be
subject to Army Corps of Engineers 404 permits and the Division of
Coastal Management’s major CAMA permit.
d. All demolition landfills shall have access from a platted and recorded
road and each site shall be accessed only through an arterial or
collector street.
e. A buffer shall be required which shall consist of a minimum of 3 rows
of vegetation in accordance with Section 5.4, Landscaping and
Buffering, or earthen berms with screening plants of sufficient height
to screen the landfill area from view.
f. The developer/owner shall be responsible for obtaining a
Sedimentation and Erosion Permit.
g. Demolition landfills shall not exceed 30 feet in height with side slopes
not to exceed a 3 horizontal:1 vertical ratio.
h. One temporary sign not exceeded 32 square feet in area shall be
erected on the site during the period that landfilling activity is
permitted. The sign is to include the owner/operator’s name and
telephone number and the hours of operation. Upon cessation of the
landfill, the sign shall be dismantled and removed with the exception
of the landfill closure notification sign which shall be removed six
months after closure.
i. After obtaining all necessary permits, the owner/developer shall have
prepared a legal description that would be sufficient as an instrument
of conveyance of the property. This description, along with a site map
and a certified copy of applicable permits shall be filed for recordation
with the Register of Deeds. The documents shall be filed under the
name of the owner and shall specifically state that the site was
granted a permit for disposal of demolition debris. After these
documents have been properly recorded, a certified copy shall be filed
with the Planning & Land Use Department.
j. The developer/owner of the disposal site shall provide free and
unobstructed access during normal operation hours to county officials
charged with the administration of this ordinance.
k. All existing landfills that do not have a valid permit shall comply with
these regulations immediately.
4-58 New Hanover County, NC | Unified Development Ordinance
6. Landfill, Landscape
[11-16-2020]
Landscape landfills shall comply with the following standards:
a. A site plan for the proposed landscape landfill meeting the
requirements outlined in Section 10.3.6, Site Plan, shall be submitted
to the NHC Environmental Health and Planning and Land Use
departments for review and approval in accordance with NC Solid
Waste Management Rules.
b. No landscape landfill shall be located within 500 feet of any residence,
church, school, and/or place of assembly nor within 100 feet from any
stream, creek, canal, marsh, estuarine waters, lake, river, and/or
impoundment.
c. The filling of lower lying areas with landscape materials may be
subject to Army Corps of Engineers 404 permits and the Division of
Coastal Management’s major CAMA permit.
d. The developer/owner of the disposal site shall provide free and
unobstructed access during normal operation hours to county officials
charged with the administration of this ordinance.
e. All existing landfills that do not have a valid permit shall comply with
these regulations
f. The disposal of naturally occurring materials such as stumps, limbs,
leaves, and dirt, that are generated on-site during the construction of
residential projects are permitted with no further standards provided
the material does not exceed a 0.5-acre footprint.
g. All other landscape landfills must comply with the following standards:
1. The landfill shall have access from a platted and recorded road
and each site shall be accessed only through an arterial or
collector street.
2. A buffer shall be required which shall consist of a minimum of 3
rows of vegetation in accordance with Section 5.4, Landscaping
and Buffering, or earthen berms with screening plants of sufficient
height to screen the landfill area from view.
3. The developer/owner shall be responsible for obtaining a
Sedimentation and Erosion Permit.
4. Landscape landfills shall not exceed 30 feet in height with side
slopes not to exceed a 3 horizontal:1 vertical ratio.
5. One temporary sign not exceeded 32 square feet in area shall be
erected on the site during the period that landfilling activity is
permitted. The sign is to include the owner/operator’s name and
telephone number and the hours of operation. Upon cessation of
the landfill, the sign shall be dismantled and removed with the
exception of the landfill closure notification sign which shall be
removed 6 months after closure.
Unified Development Ordinance | New Hanover County, NC 4-59
6. After obtaining all necessary permits, the owner/developer shall
have prepared a legal description that would be sufficient as an
instrument of conveyance of the property. This description, along
with a site map and a certified copy of applicable permits shall be
filed for recordation with the Register of Deeds. The documents
shall be filed under the name of the owner and shall specifically
state that the site was granted a permit for disposal of demolition
debris. After these documents have been properly recorded, a
certified copy shall be filed with the Planning & Land Use
Department.
7. Junk Yards, Scrap Processing
Scrap processing junk yards shall comply with the following standards:
a. The minimum front setback shall be 100 feet from any street right-of-
way.
b. All open storage shall be screened by the use of natural objects,
plantings, fences, or other appropriate means so as not to be visible
from streets and/or adjacent properties.
c. No junk yard or scrap processor shall be established within 500 feet of
any residentially zoned or developed area.
8. Septage, Sludge Disposal
Septage and sludge disposal sites shall comply with the following
standards:
a. Each sludge disposal site shall be located a minimum of 250 feet from
a residence, place of business or church and 100 feet from any
stream, canal, marsh, coastal water, lake or impoundment,
subsurface drainage, or drainage ditch.
b. Each septage disposal site shall be located a minimum of 1,000 feet
from a residence, place of business, or church and 100 feet from any
stream, canal, marsh, coastal water, lake or impoundment,
subsurface drainage, or drainage ditch.
c. A planted buffer strip, as specified in Section 5.4, Landscaping and
Buffering, shall be provided along all front, side, and rear property
lines, except in areas designated for ingress and egress.
d. Each site shall be posted “No Trespassing” and at each entrance
legible signs of at least two square feet must be posted stating
“Caution-Sludge or Septage Disposal Area” or other similar language
conveying this warning.
e. No septage or sludge shall be deposited and no building or structures
shall be located within 100 feet of the nearest property line in the
disposal site area.
f. The operation and responsibility of said use shall be carried out in
accordance with all standards and rules prescribed by the NC Division
of Health Services and the NHC Health Department.
4-60 New Hanover County, NC | Unified Development Ordinance
Section 4.4. Accessory Use and Structure Standards
4.4.1. PURPOSE
This section authorizes the establishment of accessory uses and structures that are
customarily subordinate to principal uses, provided that the accessory use or
structure complies with all applicable standards in this section.
4.4.2. APPROVAL OF ACCESSORY USES AND STRUCTURES
All principal uses allowed in a zoning district shall be deemed to include those
accessory uses, structures, and activities typically associated with this use, unless
specifically prohibited in this ordinance. All accessory uses shall be subject to the
standards in this section, as well as any applicable use-specific standards required
for the associated principal use as set forth in this article.
4.4.3. PERMISSIONS FOR SPECIFIED ACCESSORY USES AND STRUCTURES
Table 4.4.3: Accessory Use Table, identifies which uses are permitted by right,
permitted subject to approval of a special use permit, and prohibited in each zoning
district. Permissions for the RFMU and EDZD districts are outlined in Article 3:
Zoning Districts. The meanings of abbreviations in Table 4.4.3 are set forth in
subsections A through C below.
A. A “P” in a cell indicates the use is permitted by right in the zoning district. Permitted
uses, except for exempt bona fide farm uses, are subject to all other applicable
standards of this UDO.
B. An “S” in a cell indicates that the use is allowed only if reviewed and approved as a
special use in accordance with 10.3.5, Special Use Permit. Special uses are
subject to all other applicable standards of this UDO.
C. A blank cell indicates that the use is not allowed in the respective zoning district.
Unified Development Ordinance | New Hanover County, NC 4-61
4.4.4. STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES
A. Accessory Dwelling Unit (ADU)
[01-03-2023]
Detached accessory dwelling units shall be allowed in districts where permitted by
right, subject to the following standards:
1. Only one accessory dwelling units per lot shall be permitted. ADUs are
only permitted on a lot with a single family detached principal dwelling.
2. One street parking spaces shall be required for the accessory dwelling
unit.
3. In all districts excluding RA, the detached dwelling unit shall be accessed
using the driveway that serves the principal dwelling unit and shall not be
accessed by a separate driveway.
4. If the property is served by a water/sewer utility provider, proof of
adequate water and sewer capacity from the appropriate provider
(CFPUA, etc.) shall be provided if accessory units are not included in
subdivision approvals. If the property is served by well or septic, the unit
shall comply with all the well and septic standards of New Hanover
County Environmental Health.
5. In the RMF and PD districts, accessory dwelling units shall only be
allowed when constructed in connection with any single family detached
dwelling allowed within the district.
6. For conventional subdivisions, the lot must meet minimum lot area
requirements.
7. In performance subdivisions, accessory dwelling units having up to one
bedroom shall not be considered a dwelling unit for density requirements,
otherwise new accessory units may not increase density beyond the
maximum allowed in the applicable zoning district.
4-62 New Hanover County, NC | Unified Development Ordinance
8. The total gross floor area of an accessory dwelling unit shall not exceed
1,200 square feet
9. The side setbacks for the detached unit shall be no less than required for
the principal structure and a minimum of five feet.
10. Rear setbacks for the detached unit shall be a minimum of five feet.
11. The accessory dwelling unit shall be located in the rear yard completely
behind the plane of the front façade of the principal structure unless
constructed over a detached garage.
12. In both conventional and performance subdivision developments, the
accessory dwelling unit shall be located a minimum of ten (10) feet from
any other structure, including other accessory structures.
13. An existing accessory structure can be converted to an accessory
dwelling unit, if it meets all non-dimensional standards listed in Section
4.4.4.A, even if it does not comply with the built dimensions stated in
Section 4.4.4.A. For this ordinance, existing accessory structure shall not
apply to any structure built after the effective date of this amendment
(Effective Date 01/03/2023).
14. Must comply with Article 9 of the UDO Floodplain Requirements.
15. Property owners must provide verification that the proposed accessory
dwelling unit complies with the allocation of impervious surfaces allowed
by the subdivision’s state stormwater permit.
16. A drainage plan subject to approval by New Hanover County Engineering
shall be required for any additions or new structures associated with the
accessory dwelling unit.
17. Mobile homes, RVs, shipping containers, and manufactured homes shall
not be permitted as accessory dwelling units.
B. Accessory Structure
[05-03-2021]
Accessory structures shall comply with the following standards:
1. No accessory structure shall be erected in any required yard nor within
five feet of any other structure, except that accessory structures not
exceeding 600 square feet may be permitted in the required side and rear
yards provided such accessory structures are at least five feet from the
property line and do not encroach into any required easements.
2. Accessory structures not exceeding 50 square feet and used exclusively
to house well and pump equipment may be permitted in the required
front, side, and rear yards, provided such accessory structures are at
least five feet from any property line and do not encroach into any
required easements or sight angles.
3. HVAC units elevated to comply with flood plain regulations may be
permitted in any side setback provided the supporting structure is at least
five feet from the adjoining property line.
Unified Development Ordinance | New Hanover County, NC 4-63
4. An accessory structure or use may be located on another contiguous or
noncontiguous lot from the principal use it is associated with to the extent
that the principal use itself would also be permitted on such lot.
C. Accessory Use, Customary
1. No additional permits beyond those obtained for the principal use are
required unless otherwise specified.
2. No use-specific standards apply unless required elsewhere in this
ordinance.
D. Dry Stack Boat Storage Facility, At A Marina
Dry stack boat storage facilities at a marina in residential districts and in the B-1
District shall comply with the following standards:
1. Facilities accessory to marinas approved by a special use permit must be
included in the permit approval for the marina as described in Section 4.3,
Standards for Specified Principal Uses.
2. Setbacks for facilities from any residential property line shall be not less
than 2.75 times the height of the structure if enclosed or the highest point
of a stored vessel if unenclosed. In no case may the setback be less than
the requirements of the underlying zoning district.
3. Appearance of stacked storage should retain the character of the
surrounding residential areas and provide opaque vegetative buffers to
reduce visual impacts.
4. Projects shall be designed so that the use of noise-generating activities,
such as large marine forklifts, boat haul out or boat repair approved as
part of a special use permit will be located as far away from residential
structures as feasible to lessen impacts on the residential quality of life.
E. Electronic Gaming Operation
[11-16-2020]
Electronic gaming operations shall comply with the following standards:
1. The principal commercial operation must be permitted as a use by right.
2. The operation shall be located within the same structure or unit as the
principal use.
3. The maximum number of machines/terminals/computers allowed per
business units is two devices.
4. For situations in which there are multi-unit or multi-tenant commercial
buildings and more than one unit wishes to include gaming operations, a
special use permit meeting the standards of Section 4.3, Standards for
Specified Principal Uses, is required. In no case can the cumulative total
number of machines for a business center, multi-unit or multi-tenant
building exceed ten.
5. Off-street parking shall include one additional space per machine over
and above the normal parking standards for the principal use in
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accordance with Section 5.1, Parking and Loading, and all parking must
comply with all other provisions of Section 5.1, Parking and Loading.
F. Home Occupation
Home occupations shall comply with the following standards:
1. Only one person other than members of the family residing on the
premises shall be engaged in such application.
2. The use of the dwelling unit for the home occupation shall be clearly
incidental and subordinate to its use for residential purposes by its
occupants, and not more than 25 percent of the floor area of the dwelling
unit shall be used in the conduct of the home occupation.
3. There shall be no change in the outside appearance of the building or
premises, or other visible evidence of the conduct of such home
occupation other than one sign not exceeding 2.25 square feet in area,
non-illuminated, and mounted flat against the wall of the principal
building.
4. No home occupation shall be conducted in any accessory structure. [05-
03-2021]
5. No traffic shall be generated by such home occupation in greater volumes
than would normally be expected in a residential neighborhood, and any
need for parking generated by the conduct of such home occupation shall
be met off the street and other than in any required yard. Vehicles used
primarily as passenger vehicles including pickup trucks and step-type
vans only shall be permitted in connection with the conduct of the
customary home occupation.
6. No equipment or process shall be used in such home occupation which
creates noise, vibration, glare, fumes, or electrical interference detectable
to the normal senses off the lot. In the case of the electrical interference,
no equipment or process shall be used which creates visual or audible
interference in any radio or television receivers off the premises, or
causes fluctuations in line voltages off the premises.
7. No display of products shall be visible from the street and the selling of
merchandise or the manufacture of merchandise for sale except baking,
sewing, and/or handicrafts normally made in the home cannot be the
primary function of the home occupation.
8. Instruction in music, dancing, or tutoring of academic subjects shall be
limited to four students at a time.
G. Residential Private Pier
All piers must meet Coastal Area Management Act standards.
H. RV or Travel Trailer Dwelling
Use of recreation vehicles or travel trailers as dwelling units is only allowed in
approved Campground/Recreational Vehicle (RV) Park uses. This shall not be
construed to exclude the use of recreational vehicles or travel trailers as permitted
Temporary Relocation Housing or to prohibit the parking of recreational vehicles in
Unified Development Ordinance | New Hanover County, NC 4-65
locations where parking of personal automobiles is allowed, such as approved
parking spaces or residential driveways. This also does not exclude sales display
of recreational vehicles or travel trailers allowed as accessory to a permitted
commercial use. [09-08-2020]
I. Small Watercraft Storage
Structures, such as kayak racks, for the storage of small watercraft are allowed in
all zoning districts as accessory uses, excepting that they shall only be allowed as
accessory to Community Boating Facilities and Outdoor Recreational
Establishments provided that:
1. Structures shall be reviewed for compliance with building code and
applicable floodplain regulations.
2. When personal watercraft are not stored in an enclosed structure, all
watercraft shall be required to be tied-down or removed during hurricane
emergency events.
3. No structure, including stored watercraft, shall encroach into any required
setbacks or easements.
4. For all Outdoor Recreational Establishments, and for Community Boating
Facilities not directly abutting the residential lots or units served by the
facility, one automobile parking space, in addition to existing approved
spaces, shall be required for every 4 storage rack slots or fraction thereof.
Bicycle parking spaces may be provided in lieu of up to two automobile
parking spaces at the rate of 1 space for every storage slot. This
requirement may be amended as part of an approved special use permit or
subject to a parking study if authorized by Section 5.1 of this ordinance
when the principal use is permitted by-right.
5. The addition of a small watercraft storage structure to a nonconforming use
shall require a special use permit.
J. Solar Energy Collection Facility, Accessory
[11-16-2020]
Accessory Solar Energy Collection Facilities shall comply with the following
standards:
1. Roof-mounted solar energy collection facilities shall not extend above the
exterior perimeter or beyond the roof peak of the building on which the
collection facility is mounted or built.
2. Ground-mounted solar energy collection facilities shall meet the minimum
requirements for accessory structures.
K. Stormwater Facilities on Contiguous Properties
Retention and detention facilities serving nonresidential development shall be
permitted on contiguous residential tracts abutting the development served
provided:
1. There is no encroachment of the commercial activity onto the adjacent
residential site.
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2. The adjacent residential property shall be in the same ownership as the
commercial tract.
3. The residential site is not part of an existing residential subdivision except
in the case of shared stormwater facilities.
4. The stormwater facility shall be setback twice the corresponding
residential side and rear setbacks measured from the top of the slope to
the adjacent property line. A minimum 20-foot buffer shall be provided
within the setback.
5. The stormwater management facility shall be constructed as an aesthetic
amenity with maximum slopes of 5:1.
6. If fencing of the facility is necessary, it shall not be chain link.
L. Wind Energy Collection Facility, Accessory
[11-16-2020]
Accessory Wind Energy Collection Facilities shall comply with the following
standards:
1. No equipment shall exceed the maximum height permitted in the zoning
district.
2. All equipment, including foundation, turbines, and guy wires, shall meet
the minimum required setbacks for the principal structure, and no ground-
mounted wind energy collection facility shall be allowed within any portion
of a front yard.
3. In the case of ground-mounted wind energy collection facilities, such
facilities shall be set back from all adjoining property lines a distance
equal to the height of the facility.
4. An applicant shall provide proof of an automatic braking, governing, or
feathering system to prevent uncontrolled rotation, over-speeding, or
excessive pressure on the wind energy collection facility, including rotor
blades and turbine components.
5. The operator of a wind energy collection facility shall maintain general
liability insurance coverage for the installation and operation of the facility
under a standard homeowner’s or standard business owner’s insurance
policy, separate and distinct from any insurance requirements of a public
utility.
Unified Development Ordinance | New Hanover County, NC 4-67
Section 4.5. Temporary Use Standards
4.5.1. PURPOSE
This section allows for the establishment of certain temporary uses and structures
of limited duration, when such uses must comply with standards, as outlined in this
section. Temporary uses shall not involve the construction or alteration of any
permanent building or structure.
4.5.2. GENERAL STANDARDS FOR TEMPORARY USES
A. No temporary structures or trailers shall at any time be located closer than 25 feet
to a property line of any adjacent property, notwithstanding the required setbacks of
the zoning district in which such temporary structure or trailer is located. [05-03-2021]
B. Approval for any temporary use specified in Section 4.5.3, Permissions for
Specified Temporary Uses, or for any unspecified temporary structure must be
reviewed for compliance with the standards of this Ordinance, including parking.
C. Temporary special event uses shall be permitted subject to the standards outlined
in Section 4.5.3, Permissions for Specified Temporary Uses, below, or as required
by applicable County or state agencies.
D. The Planning Director may approve a temporary zoning permit for a period not
exceeding one month for bazaars, carnivals, religious revivals, sideshows,
concerts, or sporting events. The Planning Director may impose conditions of
approval to protect the safety of the occupants and the public. In the AC District,
the concurrence of the airport authority is required prior to the approval of the
temporary zoning permit.
4.5.3. PERMISSIONS FOR SPECIFIED TEMPORARY USES
Table 4.5.3: Temporary Use Table, identifies which uses are permitted by right,
permitted subject to approval of a special use permit, and prohibited in each zoning
district. Permissions for the RFMU and EDZD districts are outlined in Article 3:
Zoning Districts. The meanings of abbreviations in Table 4.5.3 are set forth in
subsections A and B below.
A. A “P” in a cell indicates the use is permitted by right in the zoning district. Permitted
uses, except for exempt bona fide farm uses, are subject to all other applicable
standards of this UDO.
B. A blank cell indicates that the use is not allowed in the respective zoning district.
4-68 New Hanover County, NC | Unified Development Ordinance
4.5.4. STANDARDS FOR SPECIFIED TEMPORARY USES
A. Circuses, Carnivals, and Fairs
Circuses, carnivals, and fairs shall not be allowed for more than 30 days’ duration
per year.
B. Construction Office
Construction offices shall comply with the following standards:
1. Temporary buildings or trailers may be used as construction offices, field
offices, or for storage of materials to be used in connection with the
development of said tract, provided that said temporary structures are
removed from said tract within 30 days after completion of the project
development, after voluntary suspension of work on the project or
development, after revocation or expiration of building permit or an order
by the Building Safety Director upon a finding that said temporary
structure is deemed hazardous to the public health and welfare.
2. Such temporary buildings or trailer may not be used as a dwelling unit.
C. Debris Site
[11-16-2020]
Debris sites shall comply with the following standards:
Unified Development Ordinance | New Hanover County, NC 4-69
1. No debris may be located so as to encroach into, or wholly or partially
obstruct, any street, right-of-way, driveway, building, sidewalk, multi-use
path, fire lane, fire hydrant, or other public infrastructure or utility
easement.
2. Debris sites are limited to no more than 30 total consecutive calendar
days at one time, unless granted an extension by the Planning Director.
D. Farmers’ Market
Farmers’ markets shall comply with the following standards:
1. Sales are limited to a cumulative total of no more than 60 days per
calendar year.
2. All vendors must be original producers of items for sale.
3. Eligible products for temporary farmers’ markets are fruits, vegetables,
herbs, flowers, eggs, meats, seafood, cheese, baked goods, jellies and
jams, honey, and handmade crafts, consistent with NC Food and Drug
and Department of Agriculture and all other federal, state, and local laws
relating to the production and selling of such goods.
4. A minimum of 75 percent of the products displayed and offered for sale
must be directly linked to farm products, and documentation of how these
standards will be met shall be specified on the submission for zoning
approval.
5. The proposed time schedule and duration of the use must be specified on
the submission for zoning approval.
6. Minimum lot size shall be no less than two acres for farmers’ markets.
7. The site shall front on a collector or arterial roadway.
8. Approved NCDOT driveway permit is required.
9. Ingress, egress, circulation, and parking plans shall describe any
measure proposed to assure safety and minimize traffic impacts on
surrounding areas.
10. Adequate solid waste disposal methods must be provided for vendors
and customers.
11. Only temporary signage shall be allowed for these temporary uses. A
maximum of two temporary signs shall be allowed on site to advertise for
the market as a whole.
a. Temporary signage consistent with the permit may be installed no
more than two days prior to the start of market activities and shall be
removed at the conclusion of operating hours.
b. Individual signs shall not exceed 35 square feet in sign area.
c. All permitted signs shall have a maximum height of six feet and shall
be set back a minimum of ten feet from any property line.
d. Illumination of signage is prohibited.
12. Parking
4-70 New Hanover County, NC | Unified Development Ordinance
a. One parking space is required for every 800 square feet of gross
market size, with a minimum of two spaces. Spaces shall meet the
minimum size requirements as identified in Section 5.1, Parking and
Loading.
b. Parking shall be provided on the same site as the farmers’ market or
may be located off-site provided that it is within 400 feet of the main
entrance of the market. If parking is provided off of the primary
parcel, then a written parking agreement between the responsible
party and the parcel owner shall be provided prior to the issuance of
any permit. Adequate and safe ingress and egress shall be provided
by the farmers’ market management or the property owner.
c. All parking must occur in designated areas. No parking shall occur in
any unimproved parking surfaces such as, but not limited to,
landscape parking islands, medians, or open/passive recreation
space.
13. A site layout showing the proposed marketing area (vendor spaces,
staging, sales and display areas, and customer promenades), parking,
traffic circulation, lighting, waste disposal method, signage, and other site
amenities must be submitted for approval.
14. Tents or other shelters must meet fire safety codes and shall be
disassembled after market hours of operation. Tents shall be located so
that they will not interfere with the normal operations of any permanent
use on the property.
15. The proposed location may not be part of designated recreation, open
space, or common area in an approved residential subdivision.
16. Restroom facilities for the public may be required for compliance with the
NC Building Code.
17. If structures are proposed or required, the plan shall be reviewed for
compliance with the Americans with Disabilities Act and other building
codes.
18. Live animals or birds shall not be sold or displayed.
19. No bands, amplified music, or other entertainment shall be allowed.
20. No concessions for consumption on site and no cooking of products shall
be allowed on the site.
21. No alcohol products shall be allowed.
22. Any proposal for a permanent farmers’ market, and any temporary
farmers’ market proposing to exceed the standards or limitations outlined
in this section, may be allowed at the discretion of the Board of County
Commissioners only upon issuance of a Special Use Permit under the
terms outlined in Article 10: Administrative Procedures.
E. Seasonal Sales
Seasonal sales are limited to a duration of 45 days per calendar year.
Unified Development Ordinance | New Hanover County, NC 4-71
F. Special Fundraising for Non-Profit Organizations
Special fundraising for non-profit organizations is limited to a duration of 45 days
per calendar year.
G. Temporary Family Healthcare Structure
A temporary family healthcare structure shall not be placed on a permanent
foundation. [05-03-2021]
H. Temporary Real Estate Office/Model
Temporary real estate offices or sales offices may be established in a display
dwelling unit or temporary building provided that said offices are closed and the
operation discontinued and all temporary structures and facilities are removed from
the tract upon the completion of the sale, rent, or lease of 95 percent of the
dwelling units or lots of said tract.
I. Temporary Relocation Housing
Temporary relocation housing shall comply with the following standards:
1. The proposed location shall be within a disaster area with specifically
defined boundaries and under specific conditions as determined by a
federal Disaster Declaration where public or individual assistance is made
available, or as determined by the County Manager.
2. Temporary accommodations for the displaced as permitted by this section
shall not be installed for more than 12 months from the date of the
declaration or determination, except as authorized by the Board of
Commissioners.
3. Temporary housing units shall be removed from the site within 30
calendar days after completion of the rehabilitation work which may
include, but not be limited to, issuance of a Certificate of Occupancy,
Certificate of Completion, or final inspection if this occurs prior to the 12-
month expiration or Board authorization term.
4. All applicants for temporary housing units shall register with the Planning
Department.
5. Temporary housing units may be subject to additional agency approvals
which may include, but not be limited to, water supply, wastewater
disposal, solid waste management and disposal, building permits,
stormwater permits, or other utilities through the applicable regulatory
office. Additional code requirements which may include, but not be
limited to, building code and fire code shall be adhered to.
6. Temporary housing units shall comply with either the minimum National
Flood Insurance Program standards as set forth in Code of Federal
Regulations, Title 44 Part 60 or Article 9: Flood Damage Prevention.
7. Each housing unit shall have a minimum setback of five feet from any
street right-of-way or property line.
8. For temporary housing units in a community or group setting, the
following shall apply:
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a. All units shall be set back a minimum of 20 feet from the perimeter of
the site.
b. A sketch plan showing the general location and estimated number of
units, parking, access points and traffic circulation, and provisions for
utilities including power, water supply, wastewater disposal,
stormwater management, and solid waste management shall be
submitted to the Planning Director.