HomeMy WebLinkAboutTA25-02 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 TA25-02
WHEREAS, pursuantto 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 applicant's key intent for the amendment is to update the Unified Development
Ordinance (UDO) to ensure it complies with recent changes to the North Carolina General
Statutes.
WHEREAS, the New Hanover County Board of Commissioner held a public hearing on April 7,
2025 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 because 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 consistent with state
requirements.
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, tothe 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of such conflict, is hereby repealed.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 7th day of April, 2025
NEW HANOVER COUNTY
Bill Rivenbark, Chair
ATTEST:
v4n 04to�A - ---
Kym" rowell, Clerk to the Board
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AMENDMENT
The proposed text amendment is attached, with
9tFike#hreutjh indicating text that is to be removed.
Article 4: Uses and Use -Specific Standards
Section 4.4, Accessory Use and Structure Standards
red italics indicating new language and
4.4.4 Standards for Specified Accessory Uses and Structures
A. Accessory Dwelling Unit (ADU)
CERTIFICATE OF APPROVAL
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Detached accessory dwelling units shall be allowed in districts where permitted by right subject
to the following standards:
17. Mobile homes, RVs, shipping centainers, and manufactured homes shall not be
permitted as accessory dwelling units.
Article 6: Subdivision Design and Improvements
Section 6.3, Improvements
6.3.2 Guarantees of Improvements
Final plats of a subdivision shall be approved by the Planning and Inspectiens Land Use
Department after the subdivider has complied with one of the following requirements:
A. The subdivider has installed all required improvements in accordance with the provisions of
this Ordinance; or
B. Except in the case of Minor Subdivisions, the subdivider of an approved preliminary project
in which the total cost of required improvements and administration does not exceed
$8,000,000.00 (the "Surety Limit"), provides a financial guarantee in -lieu of constructing
improvements. The surety limits stated in this section shall be adjusted periodically in
accordance with an appropriate established index approved by the County Attorney.
1. The financial guarantee shall take one of the following forms, at the election of the
subdivider:
a. A surety bond issued by any company authorized to do business in North
Carolina;
b. A letter of credit issued by an financial institution licensed to do business in North
Carolina;
c. Another form of guarantee that provides equivalent security to a surety bond or
letter of credit.
2. A financial guarantee may be deposited in escrow with an escrow agent acceptable to
the County, provided the subdivider shall file with the County Engineer an agreement
between the escrow agent and the subdivider guaranteeing the following:
a. The escrow account shall be held in trust until released by the County and shall
not be used or pledged by the subdivider in any other matter during the term
of the escrow; and
b. If the subdivider fails to complete the required improvements, the escrow agent
shall, upon notification by the County and submission by the County to the escrow
agent of an engineer's estimate of the amount needed to complete the required
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improvements, immediately either pay to the County the funds estimated to
complete the required improvements, up to the full balance of the escrow
account, or deliver to the County any other instruments fully endorsed or
otherwise made payable to the County.
3. The amount of the financial guarantee shall not exceed 125 percent of the reasonably
estimated cost of completion at the time the guarantee is issued. Any extension of the
financial guarantee necessary to complete required improvements shall not exceed 125
percent of the reasonably estimated cost of completion of the remaining incomplete
improvements still outstanding at the time the extension is obtained.
A. Conditions and stipulations to plat approval under this section are as follows:
a. The subdivider shall furnish a bona -fide estimate of the required improvements
for verification by the County Engineer. Upon the County Engineer's
determination that the estimate furnished is reasonable, the subdivider shall
deposit with the County the surety bond, letter of credit, or other guarantee, as
applicable, in the amount of the estimate determined reasonable by the County
Engineer.
b. In the event the subdivider obtains a surety bond or letter of credit as its form
of financial guarantee, such financial guarantee shall be issued by a company
authorized to do business in North Carolina.
c. Financial guarantees in the form of a surety bond, letter of credit, or cash security
may be reduced by the County Engineer if a portion of the required
improvements have been installed, inspected, and approved. An addendum or
amendment to the original surety bond or letter of credit shall be required.
5. Inspection: The County shall conduct an inspection of the improvements subject to a
performance guarantee within 30 days of a written request received from a developer and
advise the developer whether the improvements are completed to the required
specifications. In the event the County and developer disagree whether a required
improvement is completed to the specifications of the County, the developer may obtain a
certification under seal from a licensed professional engineer that the required
improvements have been completed to the specifications of the County.
6. Release: The performance guarantee shall be returned or released, as appropriate within
30 days upon the acknowledgement by the County that the improvements for which the
performance guarantee is being required are complete or upon receipt of a certification
under seal from a professional engineer that the required improvements have been
completed to the specification of the County.
7. Coverage: No performance guarantee may be required for maintenance of any
improvement once the improvement is completed to the specifications of the County or upon
receipt of a certification under seal from a professional engineer that the required
improvements have been completed to the County's specifications.
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Article 2: Measurements and Definitions
Section 2.3, Definitions and Terms
Sign, On -Premises Advertising
A sign visible from any local or State road or highway that advertises activities conducted on the
property upon which it is located or advertises the sale or lease of the property upon which it is located.
On -premises Advertising signs include all other defined sign types except Outdoor Advertising Signs.
Article 11: Nonconforming Situations
Section 11.7 Nonconforming Signs
11.7.1 Determination of Nonconformity
Existing signs which do not conform to the specific provisions of Section 5.6, Signs, and the other
requirements of this Ordinance may be eligible for the designation "nonconforming" provided that:
A. The Building Safety Director determines that the sign is properly maintained and does not
in any way endanger the public; and
B. The sign has a valid permit or variance approval or complied with all applicable laws on
August 6, 2001.
1 1.7.2 Replacement and Relocation of Nonconforming Signs
A. Notwithstanding any County development regulation to the contrary, a lawfully erected on -
premises advertising sign may be relocated or reconstructed within the same parcel so long as
the square footage of the total advertising surface area is not increased, and;
B. The sign complies with the local development rules in place at the time the sign was erected,
and;
C. The construction work related to the relocation of the lawfully erected on -premises advertising
sign shall commence within two years after the date of removal.
D. The County shall have the burden to prove that the on -premises advertising sign was not lawfully
erected.
1 1.7.23 Loss of Nonconforming Status
A nonconforming sign may lose its nonconforming designation if:
A. The sign is removed and is not relocated or replaced in accordance with Section l 7.7.2 within
24 months of removal; or
B. The structure of the sign is altered in any way except towards compliance with #hip Section
5.6, Signs, and the other requirements of this Ordinance. This does not refer to change of
copy or normal maintenance.
1 1.7.34 Maintenance and Repair of Nonconforming Signs
Nonconforming signs are subject to all requirements of this Ordinance regarding safety,
maintenance, and repair. However, if the sign suffers more than 50 percent appraised
damage or deterioration-,, it shall be removed and brought into conformance with Section
5.6, Signs, and the other requirements of this Ordinance.
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