HomeMy WebLinkAboutTA24-02 Order - SignedAN ORDINANCE OF THE COUNTY OF NEW HANOVER
AMENDING THE UNIFIED DEVELOPMENT ORDINANCE
OF NEW HANOVER COUNTY, NORTH CAROLINA
ADOPTED FEBRUARY 3, 2020
CASE TA24-02
WHEREAS, pursuant to N.C.G.S. § 160D, the County of New Hanover ("County') may adopt zoning
and development regulation ordinances and combine any ordinances authorized into a unified
ordinance for the purpose of promoting health, safety, morals or the general welfare;
WHEREAS, the key intent of this amendment is to specify that an applicant's refusal to sign the
required agreement to conditions for conditional rezonings within seven (7) business days of
approval by the Board of Commissioners is an automatic denial requiring a one (1) year waiting
period before resubmittal;
WHEREAS, the New Hanover County Board of Commissioner held a public hearing on July 22,
2024 to consider a proposed amendment to the Unified Development Ordinance;
WHEREAS, the County finds that the amendment and administrative documents are consistent
with the purpose and intent of the 2016 Comprehensive Plan it provides up-to-date zoning tools,
and;
WHEREAS, the County finds that approval of the amendment is reasonable and in the public
interest because it provides for clear and effective ordinance standards.
THE BOARD OF COMMISSIONERS OF NEW HANOVER COUNTY DOTH ORDAIN:
Section 1. The Unified Development Ordinance of the County of New Hanover adopted February
3, 2020 is hereby amended per the attached amendment document.
Section 2. Any ordinance or any part of any ordinance in conflict with this ordinance, to the extent
of such conflict, is hereby repealed.
Section 3. This ordinance is adopted in the interest of the public health, safety, morals and
general welfare of the inhabitants of the County of New Hanover, North Carolina and shall be in
full force and effect from and after its adoption.
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Section 4. The County Commissioners find, in accordance with the provisions of N.C.G.S § 160D-
605, that adoption of this amendment is consistent with the purpose and intent of the 2016
Comprehensive Plan because they clarify an important part of the planning process necessary to
support the goals of the Comprehensive Plan for a vibrant community supportive of private
investment that also conserves and enhances our sense of place.
ADOPTED this the 22"d day of July, 2024
NEW HANOVER COUNTY
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Bill Rivenbark, Chair
ATTEST
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Kym rowell, Clerk to the Board
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STAFF REPORT FOR TA24-02
TEXT AMENDMENT REQUEST
STAFF PROPOSED AMENDMENT
The proposed text amendment is attached, with red italics indicating new language and
stFikethFeuo indicated text that is to be removed.
CERTIFICATE OF APPROVAL
Unified Development Ordinance WRgOgRpSSection 10.3.3 Conditional Zonin CHAIRPERSON
d. Agreement to Conditions
1. Conditional rezoning approval is subject to the applicant or their agent signing an
agreement acknowledging the applicant's consent to all approved conditions. If the signed
agreement is not provided to the Planning Department within seven (7) business days from
the date of approval by the Board of Commissioners the approval is rescinded, and the
application is considered denied. No additional decision or action is required by the Board
of Commissioners.
2. Applications denied under this section shall be subject to the reapplication requirements of
Section 10.2.10.F.
3. The following do not meet the reapplication requirements of Section 10.2.10.F for
applications denied under this section:
a. The removal of a previously approved condition,
b. A reduction in the scope or requirement of a previously approved condition.