HomeMy WebLinkAboutTA24-05 - Draft Amendments
PROPOSED AMENDMENT
The proposed text amendment is attached, with red italics indicating new language and
strikethrough indicating text that is to be removed.
4.4.4 Standards for Specified Accessory Uses and Structures
A. Accessory Dwelling Unit (ADU)
Detached accessory dwelling units shall be allowed in districts where permitted by right subject
to the following standards:
1. Only one accessory dwelling unit per lot shall be permitted. ADUs are only permitted
on a lot with a single-family detached principal dwelling.
2. One street parking space 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.
8. The total gross fioor area of an accessory dwelling unit shall not exceed 1,200 square
feet.
8. 9. The side setbacks for the detached unit shall be no less than required for the
principal structure and a minimum of flve feet.
9. 10. Rear setbacks for the detached unit shall be a minimum of flve feet.
10. 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.
11. 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.
12. 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. 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).
13. 14. Must comply with Article 9 of the UDO Floodplain Requirements.
14. 15. Property owners must provide veriflcation that the proposed accessory dwelling unit
complies with the allocation of impervious surfaces allowed by the subdivision’s
state stormwater permit.
15. 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.
16. 17. Mobile homes, RVs, shipping containers, and manufactured homes shall not be
permitted as accessory dwelling units.
Table 5.1.2.A: Minimum Off-Street Parking
Warehousing, Storage, & Wholesale Sales and Distribution
Dry Stack Boat Storage Facility, Stand-Alone 1 per 4 dry docks
Motor Freight Transportation Warehousing 2/1,000 sf
Recreational Vehicle and Boat Trailer Storage Lot No minimum
Warehousing 1.5/1,000 sf
20,000 sf or less: 1.5/1,000 sf
20,001 sf to 250,000 sf: 1/1,000 sf
250,001 sf or more: 1/2,000 sf
Wholesaling 1.5/1,000 sf
Wholesaling Seafood with Water Frontage 1.5/1,000 sf
Section 5.4.5 Parking Lots
F. On a case-by-case basis, the Planning Director may approve alternative planting materials,
substitutions to parking lot planting requirements or the relocation of required parking lot
plantings where requirements would not be practical due to utilities, existing vegetation or
other unique conditions. Such modiflcations shall be determined to be in keeping with the
purpose and intent of this section.
5.4.6 Street Yard Standards
A. Street yard landscaping is required for new construction of principal structures, expansions
to existing structures, new or expanding commercial land uses that require new vehicle
parking or storage areas, and changes of use whenever additional off-street parking is
required, excluding the following uses:
1. General Agricultural and Forestry Uses;
2. Residential development unless built to the commercial building code;
3. Private Residential Boating Facilities;
4. Cemeteries;
5. Park and Recreation Areas with no structures or parking areas; and
6. Utility lines.
Article 2 Measurements and Definitions
Section 2.3 Definitions and Terms
Mixed-Use Residential
A structure that combines a commercial unit or unit(s) with a separate residential dwelling unit or
units located on any fioor except the ground fioor.
Dwelling, Mixed Use
Any dwelling unit type listed in the Unifled Development Ordinance that is part of a mixed-use
development. Mixed Use Dwellings may be separate from commercial uses within the same
development or combined with a commercial unit or units with a separate residential dwelling unit
or units located on any fioor except the ground fioor.
Mixed-Use Development
Development consisting of a mix of residential and non-residential development established to
provide innovative opportunities for an integration of diverse but compatible uses into a single
development that is unifled by distinguishable design features with amenities and walkways to
increase pedestrian activity.
PROPOSED AMENDMENT
The proposed text amendment is attached, with red italics indicating new language and strikethrough indicating text that is to be removed.
Unified Development Ordinance
Table 4.2.1: Principal Use Table
Key: P = Permitted by Right S = Special Use Permit Required *= Specific Use Standards Apply in District
blank cell = not allowed
Use
Zoning Districts
RA
AR
R-20
S
R-20
R-15
R-10
R-7
R-5
RM
F
-L
RM
F
-M
RM
F
-MH
RM
F
-H
PD
UM
X
Z
B-1
CB
B-2
O&
I
SC
CS
AC
I-1
I-2
Us
e
St
a
n
d
a
r
d
s
Dwelling, Dual-Unit Attached P* P* P* P* P P P P P P P S* S* P 4.3.2
Dwelling, Multi-Family [5-03-2021] P* P* P* P* P* P* P* P* P* P* S* S* P* 4.3.2
Dwelling, Quadraplex P* P* P* P* P P P P P P P S* S* P 4.3.2
Dwelling, Single-Family Detached P P P P P P P P P P P P P P S* S* P 4.3.2
Dwelling, Triplex P* P* P* P* P P P P P P P S* S* P 4.3.2
Dwelling, Row-Style P* P* P* P* P P P P P P P S* S* P 4.3.2
Dwelling, Two-Family (Duplex) S P S P P P P P P P P S* P 4.3.2
Dwelling, Mixed Use P* P* S* S* 4.3.2
Article 4 Uses and Use-Specific Standards
Section 4.3 Standards for Specified Principal Uses
Section 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, Mixed Use
a. Mixed Use Dwellings in the B-1 and B-2 districts shall comply with the following
standards:
1. Dwelling units must be part of a mixed-use development established to
provide innovative opportunities for an integration of diverse but compatible
uses into a single development that is unifled by distinguishable design
features with amenities and walkways to increase pedestrian activity.
2. The development shall be single ownership or unifled 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.
5. Parking location and quantity shall be shared.
6. Community facilities and / or common area shall be provided.
7. Conceptual elevations indicating proposed architectural style and
conceptual lighting plans shall be submitted with the application.
8. Mixed use dwellings must comply with the requirements of Article 6
Subdivision Design and Improvements even if the project does not involve the
subdivision of land.
9. Mixed use dwellings must provide a site plan meeting the requirements of
Section 10.3.6 Site Plan in accordance with the county’s application and
review requirements for the Technical Review Committee (TRC).
3. 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 a mixed-use development established to provide
innovative opportunities for an integration of diverse but compatible uses into a
single development that is unifled by distinguishable design features with
amenities and walkways to increase pedestrian activity.
2. The development shall be single ownership or unifled 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.
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.
b. 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 wit h
Section 10.3.6, Site Plan. [05-03-2021]
4. 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.
5. 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.
[RESERVED]
6. 5. Dwelling, Triplex
a. In the R-20, R-15, R-10, and R-7 zoning districts, triplex 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. Triplex dwellings in the B-1 and B-2 districts shall comply with the standards for multi-
family dwellings in those districts.
7. 6. Dwelling, Row-Style
a. In the R-20, R-15, R-10, and R-7 zoning districts, row-style 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. Row-style dwellings in the B-1 and B-2 districts shall comply with the standards for
multi-family dwellings in those districts.
8. 7. Dwelling, Two -Family (Duplex)
[11-16-2020]
Two-family dwellings in mixed use residential developments shall only be allowed in the B-2
district. shall comply with the standards for multi-family dwellings.