HomeMy WebLinkAbout9-4-2025 PB Agenda PacketNEW HANOVER COUNTY
PLANNING BOARD AGENDA
Assembly Room, New Hanover County Historic Courthouse
24 North Third Street, Room 301 Wilmington, NC 28401
Members of the Board
Jeffrey P Petroff, Chair |Donna Girardot, Vice-Chair
Paul Boney|Hansen Ma'hews |Jeffrey Stokley Jr. | H. Allen Pope |Colin J. Tarrant
Rebekah Roth, Director| Ken Vafier, Planning Manager
SEPTEMBER 4, 2025 6:00 PM
Call to Order
Pledge of Allegiance
Approval of Minutes
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substanal changes in these peons as a result of objecons, debate,
and discussion at the meeng, including rezoning to other classificaons.
1 Public Hearing
Rezoning Request (Z25-16) – Request by A;lano Cardenas and Sebas;an Cardenas, applicants,
on behalf of Phillip and Prince<a Pierce, property owners, to rezone approximately 0.39 acres
located at 2624 Castle Hayne Road from an exis;ng (CZD) B-1, Neighborhood Business district to
a new (CZD) B-1 district for the uses of grocery store and restaurant.
2 Public Hearing
Text Amendment Request (TA25-04) - Request by New Hanover County to amend Ar;cles 2, 3, 4,
5, 6, 11, and 12 of the Unified Development Ordinance to modernize and clarify sign standards
and ensure provisions are compliant with legal requirements
3 Preliminary Forum
Request by James Yopp with Hoosier Daddy, LLC, applicant and property owner, for an Addi;onal
Dwelling Allowance for addi;onal density up to 6.54 dwelling units per acre in a R-15, Residen;al
district on approximately 43.10 acres located at 5669, 5671, 5713, 5831 Carolina Beach Road and
1046, 1051, 1052, 1055 Rosa Parks Lane.
Planning Board - September 4, 2025
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 9/4/2025
Regular
DEPARTMENT: Planning PRESENTER(S): Katherine May, Development Review Planner
CONTACT(S): Katherine May; Robert Farrell, Development Review Supervisor; Rebekah Roth, Planning and
Land Use Director
SUBJECT:
Public Hearing
Rezoning Request (Z25-16) – Request by A7lano Cardenas and Sebas7an Cardenas, applicants, on behalf of Phillip
and Prince=a Pierce, property owners, to rezone approximately 0.39 acres located at 2624 Castle Hayne Road from
an exis7ng (CZD) B-1, Neighborhood Business district to a new (CZD) B-1 district for the uses of grocery store and
restaurant.
BRIEF SUMMARY:
The applicant is proposing to construct one building consis#ng of 5,500 sq ( for the use of a small grocery store and sit-
down restaurant. The applicant currently operates a small grocery store just south of the property in a commercial
development. The intent is to relocate the current grocery opera#ons to this property and expand the business to
include a restaurant.
The ini#al concept plan required revisions following feedback from staff and NCDOT. A revised plan has been
submi2ed, but outstanding comments from NCDOT, WMPO, and staff must s#ll be addressed.
The property was rezoned from residen#al to (CZD) B-1 in 2012 as part of a larger commercial rezoning to the south.
However, because this parcel was excluded from the overall commercial concept plan, it remained undeveloped.
Development now requires a rezoning to add a concept plan and new condi#ons. While some condi#ons from the
2012 rezoning are no longer applicable due to UDO updates, staff recommends retaining a few with modifica#ons.
Under current zoning, the site cannot be developed and would generate no traffic. The proposed development is
projected to generate 13 AM and 55 PM peak-hour trips. The site is located along a minor arterial highway that is
already over capacity, with a single proposed driveway access on Castle Hayne Road. Due to the parcel’s narrow width,
two other driveways are located within 100 feet in either direc#on. Although the project is expected to generate fewer
than 100 daily trips, it will add a small impact to traffic. One unfunded State Transporta#on Improvement Project
(STIP) is located nearby.
The comprehensive plan designates this property as Community Mixed Use which focuses on small-scale, compact,
mixed use development pa2erns that serve all modes of travel and act as an a2ractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recrea#onal, commercial, ins#tu#onal, and mul#-family and
single-family residen#al.
While the proposed (CZD) B-1 rezoning is generally CONSISTENT with the 2016 Comprehensive Plan because the
proposed use is recommended for the Community Mixed Use place type, staff is recommending a con#nuance due to
the outstanding ques#ons regarding the concept plan.
STRATEGIC PLAN ALIGNMENT:
Planning Board - September 4, 2025
ITEM: 1
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff’s recommenda#on is based on the policy guidance of the 2016 Comprehensive Plan, zoning considera#ons, and
technical review. While staff is generally suppor#ve of the rezoning, there are outstanding concerns regarding the
current site design. Staff is recommending to con#nue the case to the October 2, 2025 Planning Board mee#ng to
allow the applicant addi#onal #me to update the site plan and for staff to perform the addi#onal analysis necessary to
make a recommenda#on on the request.
As a result, staff recommends a CONTINUANCE of the proposal.
Please refer to the Script for suggested and alterna7ve mo7on language.
ATTACHMENTS:
Descrip#on
Z25-16 - PB Script
Z25-16 - Staff Report
Z25-16 - Zoning Map
Z25-16 - FLUM Map
Z25-16 - Mailout Map
Application Cover Sheet
Application
Concept Plan Coversheet
Concept Plan
Public Comments Coversheet
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - September 4, 2025
ITEM: 1
PLANNING BOARD SCRIPT
for Zoning Map Amendment Application (Z25-16)
Request by Atilano Cardenas and Sebastian Cardenas, applicants, on behalf of Phillip and
Princetta Pierce, property owners, to rezone approximately 0.39 acres located at 2624 Castle
Hayne Road from an existing (CZD) B-1, Neighborhood Business district to a new (CZD) B-1
district for the uses of grocery store and restaurant.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and
any opponents will each be allowed 15 minutes for their presentation and an additional
5 minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s and supporters’ presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s and supporters’ rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
f. Staff review of any additional conditions
3. Close the public hearing
4. Board discussion
5. Before we proceed with a motion and vote, I would like to invite the applicant to the
podium. Based on the Board discussion and items presented during the public hearing,
would you like withdraw your petition, request a continuance, or proceed with a vote?
6. Vote on the application. The motion should include a statement saying how the change
is, or is not, consistent with the land use plan and why approval or denial of the rezoning
request is reasonable and in the public interest.
Example Motion for Continuance
I move to CONTINUE the proposed rezoning to the October 2, 2025 regular Planning
Board meeting to allow the applicant time to update the site plan
Planning Board - September 4, 2025
ITEM: 1 - 1 - 1
Alternative Motion for Approval
I move to RECOMMEND APPROVAL of the proposed rezoning. I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
rezoning provides for the types of uses recommended in the Community Mixed use
place type. I also find RECOMMENDING APPROVAL of the rezoning request is
reasonable and in the public interest because it allows for an additional grocery option
for the community and will support a local business.
Proposed Conditions:
1. The list of approved uses shall be limited to Grocery, Restaurant, and General Retail.
2. The creation of a five (5) foot easement fronting the property for a future bicycle and
pedestrian access.
3. The live oak tree at the northeast corner of the property must be retained and protected
during construction.
4. The location of the dumpster will be located and screened in accordance with the
standards of the UDO.
5. The driveway location will be amended based on the feedback from NCDOT during the
TRC review process.
6. A drive-thru is not allowed.
Alternative Motion for Denial:
I move to RECOMMEND DENIAL of the proposed rezoning. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
rezoning provides for the types of uses recommended in the Community Mixed use
place type. I find RECOMMENDING DENIAL of the rezoning request is reasonable and
in the public interest because the project does not meet the minimum standards for TRC
approval.
Planning Board - September 4, 2025
ITEM: 1 - 1 - 2
Z25-16 Staff Report PB 9.4.2025 Page 1 of 15
STAFF REPORT FOR Z25-16
CONDITIONAL REZONING APPLICATION
APPLICATION SUMMARY
Case Number: Z25-16
Request:
Rezoning to a Conditional B-1, Neighborhood Business
Applicant: Property Owner(s):
Atilano Cardenas & Sebastian Cardenas Philip & Princetta Pierce
Location: Acreage:
2624 Castle Hayne Rd 0.39
PID(s): Comp Plan Place Type:
R03311-004-017-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped Restaurant, Grocery
Current Zoning: Proposed Zoning:
(CZD) B-1, Neighborhood Business (CZD) B-1, Neighborhood Business
SURROUNDING AREA
LAND USE ZONING
North Medical Office (CZD) B-1
East Developed Residential SC
South Family Dollar, O’Reilly Auto Parts (CZD) B-1
West Advance Auto Parts R-20
Planning Board - September 4, 2025
ITEM: 1 - 2 - 1
Z25-16 Staff Report PB 9.4.2025 Page 2 of 15
ZONING HISTORY
October 4, 1976 Initially zoned R-20 (Area 10A)
December 3, 2012 Rezoned from R-20 to (CZD) B-1
2013 Modification of Z-923
COMMUNITY SERVICES
Water/Sewer Water and sewer services are available through CFPUA.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Wrightsboro Station
Schools Wrightsboro Elementary, Holly Shelter Middle, and New Hanover High
Schools
Recreation Cape Fear Optimist Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - September 4, 2025
ITEM: 1 - 2 - 2
Z25-16 Staff Report PB 9.4.2025 Page 3 of 15
APPLICANT’S PROPOSED CONCEPTUAL PLAN
Applicant’s Concept Plan - Includes Staff Markups
Streetyard Sign
Parking
Castle Hayne Road
Dumpster
Loading
Area
5,500 Sq Ft Building for
Grocery and Restaurant
Use
Planning Board - September 4, 2025
ITEM: 1 - 2 - 3
Z25-16 Staff Report PB 9.4.2025 Page 4 of 15
• The property was rezoned in 2012 as part of a larger rezoning including two parcels to the
South, which were eventually developed into the Family Dollar store. Despite being included
in the rezoning, the subject parcel was not included in the overall commercial concept plan
and was subsequently never developed. Due to the lack of a concept plan along with the
conditions that remain tied to this parcel, a rezoning is required to develop the site.
• The applicant is proposing to construct one building consisting of 5,500 sq ft for the use of a
small grocery store and sit-down restaurant. The applicant currently operates a small grocery
store just south of the property in a commercial development. The intent is to relocate the
current grocery operations to this property and expand the business to include a restaurant.
• The applicant originally proposed a concept plan that included the building, two entrances to
Castle Hayne Road, buffers to the neighboring residential property, no circulation around the
building, no dumpster, and no sign.
• Following conversations with staff and comments from NCDOT, the applicant revised the
concept plan to what is currently shown. The number of entrances were reduced from two to
one, paved circulation was added around the building with a loading area in the back, a
dumpster was added at the rear of the property on the parcel line, and a sign was added to
the street yard area in the front.
• While the plan was amended, there are still outstanding comments from NCDOT, WMPO, and
staff that must be addressed to move forward.
o NCDOT is requesting the driveway to be moved 20 feet from the parcel line
o Due to the narrow driveway, the WMPO is requesting vehicle turning movements for
the largest vehicle expected to be entering the parking lot, loading dock, and dumpster
areas.
o The dumpster is shown behind the building in the opaque buffer area that is required
when abutting residential property. While the dumpster must be screened, the
dumpster must also be relocated to accommodate the required opaque buffer. The
site may need to be redesigned to accommodate the dumpster in another location.
o The plan currently shows 19 parking spaces. The maximum number of parking spaces
that may be required based on the current plan is 21, however the number may be
reduced based on the defined seating area of the restaurant, which is typically
determined during the Technical Review Committee review process.
o Not shown on the site plan is a large live oak tree at the northeast corner of the
property. Staff is requesting the applicant to keep this tree as a condition of the
rezoning.
ZONING CONSIDERATIONS
• The B-1 district was established to accommodate a range of small-scale, low-intensity,
neighborhood-serving commercial development that provide goods and services to residents
of adjacent neighborhoods. District regulations are intended to ensure uses, development
intensities, and a development form that is consistent with a pedestrian-friendly, walkable,
and neighborhood scale. Mixed use development is allowed that is consistent with district
character.
Planning Board - September 4, 2025
ITEM: 1 - 2 - 4
Z25-16 Staff Report PB 9.4.2025 Page 5 of 15
• While the property is already zoned (CZD) B-1, the site must be rezoned again for any potential
development given the lack of site plan for this specific parcel.
• The following conditions were approved as part of the previous rezoning:
1. Retail hours limited from 9:00 a.m. to 9:00 p.m. to mitigate concerns from adjoining
residential property owners.
2. Specific land uses permitted limited to General Merchandise Stores and Miscellaneous
Retail
3. The inclusion of a small wedge of land zoned AR Airport Residential located in the
northeastern corner of the property located at 2620 Castle Hayne Road.
4. Directional lighting installed to reduce light pollution on adjacent properties.
5. The creation of a five (5) foot easement fronting the property for a future sidewalk.
6. Approval of a septic tank permit thru the County’s Environmental Health Department.
7. The mitigation of trees located on site in accordance with the Zoning Ordinance.
• Due to the changes in the UDO since the approval of the last rezoning, several of these
conditions are no longer necessary or apply. Conditions 2 and 4 no longer apply due to UDO
updates. Condition 3 is no longer necessary as it was already rezoned. Condition 6 is no longer
necessary as CFPUA sewer and water is available. Hours of operation is not a condition staff
can easily enforce and is not recommended to be carried over.
• Staff is proposing to carry over the following conditions that are already approved for the site
with a few modifications.
1. The list of approved uses shall be limited to Grocery, Restaurant, and General Retail.
2. The creation of a five (5) foot easement fronting the property for a future bicycle and
pedestrian access.
3. The live oak tree at the northeast corner of the property must be retained and
protected during construction.
• In the B-1 district there are no minimum requirements for lot area or lot width. The setbacks
for the B-1 district are 25 feet from the front, 0 feet from the sides when abutting commercial
property, and 30 feet from the rear when abutting residential property.
• The dumpster shall be screened from view at a minimum of 8 feet in height.
• Street yard, parking lot landscaping, and foundation plantings will be required as part of the
TRC process. In addition, a Type A opaque buffer is required between the site and the
residential property to the east.
• UDO Definition of Grocery Store:
o An establishment that offers a diverse variety of unrelated, non-complementary food
and non-food commodities such as beverages, dairy, dry goods, fresh produce, and
other perishable items, frozen foods, household products, and paper goods; may
include a prescription pharmacy, coffee shop, and/or delicatessen and prepare minor
amounts of food on-site for immediate consumption.
• UDO Definition of Restaurant:
Planning Board - September 4, 2025
ITEM: 1 - 2 - 5
Z25-16 Staff Report PB 9.4.2025 Page 6 of 15
o Establishments where food and beverages are prepared and sold on a retail basis for
consumption on or off premises as its principal business.
• There are no additional requirements specific to grocery stores or restaurants.
• If approved, the project would be subject to Technical Review Committee and zoning
compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
Planning Board - September 4, 2025
ITEM: 1 - 2 - 6
Z25-16 Staff Report PB 9.4.2025 Page 7 of 15
AREA DEVELOPMENTS
Planning Board - September 4, 2025
ITEM: 1 - 2 - 7
Z25-16 Staff Report PB 9.4.2025 Page 8 of 15
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Vacant commercially zoned land.
PROPOSED ACCESS
Primary Access Castle Hayne Road
Secondary Access N/A
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Castle Hayne Road
Type of Roadway NCDOT minor arterial
Planning Board - September 4, 2025
ITEM: 1 - 2 - 8
Z25-16 Staff Report PB 9.4.2025 Page 9 of 15
Roadway Planning Capacity
(AADT) 16,803
Latest Traffic Volume (AADT) 19,000
Latest WMPO Point-in-Time
Count (DT) 17,234 – Castle Hayne Rd between Swartville Rd and Old Mill Rd
Current Level of Congestion Over Capacity
NEARBY NCDOT STIP ROADAWAY PROJECTS
U-5863 – Castle Hayne
Road Widening
• Widen Castle Hayne Road into multi-lanes from I-140
to Division Drive.
• Project is currently unfunded.
TRAFFIC GENERATION
Traffic Generated by
Present Designation
Traffic Generated
by Proposed
Designation
Potential
Impact of
Proposed
Designation
AM Peak Hour Trips 0 13 +13
PM Peak Hour Trips 0 55 +55
Assumptions Proposed Development – 3,413 sq ft grocery store, 2,085 sq ft
restaurant
Sources Source of Trip Generation: ITE Trip Generation Manual, 11th Ed.
TRAFFIC IMPACT ANALYSIS (TIA)
The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the
ordinance requirement for a Traffic Impact Analysis (TIA).
SUMMARY
The proposed project is located along a minor arterial highway that is currently over capacity and there
is one proposed driveway access from Castle Hayne Road. There are two other driveways less than 100
feet away in each direction due to the narrow width of the parcel. While traffic generation is expected
to be less than 100 daily trips, there will still be a small impact to traffic.
Currently there is one unfunded State Transportation Improvement Project (STIP) nearby. The proposed
project’s peak hour traffic is below the 100 peak hour threshold that would require a traffic impact
analysis, but NCDOT will review the project through the driveway permitting process.
Planning Board - September 4, 2025
ITEM: 1 - 2 - 9
Z25-16 Staff Report PB 9.4.2025 Page 10 of 15
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or a Special Flood Hazard Area.
• There are no known conservation resources.
• The property is within the Ness Creek watershed.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class II (Moderate Limitation) soils. However, the project will be connected
to CFPUA water and sewer.
OTHER CONSIDERATIONS
New Hanover County Strategic Plan
On July 17, 2023 the Board of Commissioners adopted a new strategic plan for Fiscal Years 2024-2028.
This plan focuses on three core areas: workforce and economic development, community safety and
well-being, and sustainable land use and environmental stewardship.
Strategic Plan Outcomes Relevant to
Proposal Analysis
Residents feel supported and connected to
their community.
The proposed (CZD) B-1 rezoning will provide
the surrounding community with a locally
owned and operated grocery store and
restaurant. This meets this strategic goal by
supporting the community's residents with a
permanent food source option while also
allowing a resident to own and operate a
business within their community.
A business-friendly environment that promotes
growth, agility, and collaboration.
The applicant currently runs a similar business
nearby in a rented space. Their goal is to expand
operations by moving to a permanent location
in the same community. This meets this strategic
goal by promoting the establishment of a local
business.
Planning Board - September 4, 2025
ITEM: 1 - 2 - 10
Z25-16 Staff Report PB 9.4.2025 Page 11 of 15
Representative Developments
Representative Development of a Small Grocery Store with a Restaurant:
Los Portales – Kerr Ave
Representative Development of a Small Grocery Store:
La Huerta – Kerr Ave
Planning Board - September 4, 2025
ITEM: 1 - 2 - 11
Z25-16 Staff Report PB 9.4.2025 Page 12 of 15
Context and Compatibility
• The property is located in a transitioning commercial area along Castle Hayne Road, close to
the Wrightsboro commercial node.
• The property is surrounded by commercial development on three sides, including the
neighboring property to the north which was rezoned to (CZD) B-1 in April of 2025.
• There is one proposed access to Castle Hayne Road and driveway permit from NCDOT will be
required.
• This parcel was part of a larger rezoning in 2012 in which the subject area was rezoned from
residential to commercial with the southern parcels developed into a Family Dollar. Though
the subject parcel was included in the larger 2012 rezoning, the approved site plan did not
include plans for this parcel and as a result this parcel was never developed.
• The applicant currently operates a small grocery store, just south of the subject site, at 2528
Castle Hayne Road. If approved, they plan to expand operations to include food service at the
new location.
• While there is a Food Lion grocery store across the street in a larger commercial development,
a small grocery store would provide an additional option for local residents should the project
be approved.
• Based on the feedback received from NCDOT and WMPO there are several aspects of the
project that must change.
2016 COMPREHENSIVE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be interpreted
as being parcel specific.
Planning Board - September 4, 2025
ITEM: 1 - 2 - 12
Z25-16 Staff Report PB 9.4.2025 Page 13 of 15
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and
visitors. Types of appropriate uses include office, retail, mixed use,
recreational, commercial, institutional, and multi-family and single-family
residential.
Analysis
The subject property is located just north of a commercial node in the
Wrightsboro community area along Castle Hayne Road and is surrounded by
commercially zoned property on three sides. The area continues to see an
increase in commercial development, including the neighboring property to
the north which was rezoned to (CZD) B-1 in April of 2025.
The site, which is currently zoned as commercial, is classified as Community
Mixed Use in the Comprehensive Plan which encourages a mix of uses
including, commercial, civic, and mixed-use development.
The proposed (CZD) B-1 rezoning is consistent with the uses and intensity
recommended in the Comprehensive Plan. The proposed use of grocery store
and restaurant would support the surrounding community by offering an
additional grocery option as well as allowing a local business owner to own
and operate their business in a permanent location.
Consistency
Recommendation
The proposed (CZD) B-1 rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because the proposed use is recommended for the
Community Mixed Use place type, and the site is located near supportive land
uses in an increasingly commercial corridor.
Planning Board - September 4, 2025
ITEM: 1 - 2 - 13
Z25-16 Staff Report PB 9.4.2025 Page 14 of 15
STAFF RECOMMENDATION
Staff’s recommendation is based on the policy guidance of the 2016 Comprehensive Plan, zoning
considerations, and technical review. While the Board of Commissioners previously approved a
conditional rezoning of (CZD) B-1 in 2012, the parcel remained undeveloped. The proposed district
would remain (CZD) B-1 but would include a new site plan that would allow a grocery store and
restaurant. While staff is generally supportive of the rezoning, there are outstanding concerns
regarding the current site design. Staff is recommending to continue the case to the October 2, 2025
Planning Board meeting to allow the applicant additional time to update the site plan and for staff to
perform the additional analysis necessary to make a recommendation on the request.
As a result, Staff recommends continuance of the proposal and suggests the following motion:
I move to CONTINUE the proposed rezoning to the October 2, 2025, regular Planning
Board meeting to allow the applicant time to update the site plan.
Alternative Motion for APPROVAL (if based on information presented at the public hearing, the
board finds recommending approval appropriate).
I move to RECOMMEND APPROVAL of the proposed rezoning. I find it to be CONSISTENT
with the purposes and intent of the Comprehensive Plan because the rezoning provides
for the types of uses recommended in the Community Mixed use place type. I also find
RECOMMENDING APPROVAL of the rezoning request is reasonable and in the public
interest because it allows for an additional grocery option for the community and will
support a local business.
Proposed Conditions:
1. The list of approved uses shall be limited to Grocery, Restaurant, and General Retail.
2. The creation of a five (5) foot easement fronting the property for a future bicycle and
pedestrian access.
3. The live oak tree at the northeast corner of the property must be retained and
protected during construction.
4. The location of the dumpster will be located and screened in accordance with the
standards of the UDO.
5. The driveway location will be amended based on the feedback from NCDOT during
the TRC review process.
6. A drive-thru is not allowed.
Alternative Motion for DENIAL (if based on information presented at the public hearing or other
consideration beyond the scope of staff review, the board finds denial appropriate.)
I move to RECOMMEND DENIAL of the proposed rezoning. While I find it to be
CONSISTENT with the purposes and intent of the Comprehensive Plan because the
rezoning provides for the types of uses recommended in the Community Mixed use place
Planning Board - September 4, 2025
ITEM: 1 - 2 - 14
Z25-16 Staff Report PB 9.4.2025 Page 15 of 15
type. I find RECOMMENDING DENIAL of the rezoning request is reasonable and in the
public interest because the project does not meet the minimum standards for TRC
approval.
Planning Board - September 4, 2025
ITEM: 1 - 2 - 15
Planning Board - September 4, 2025
ITEM: 1 - 3 - 1
Planning Board - September 4, 2025
ITEM: 1 - 4 - 1
Planning Board - September 4, 2025
ITEM: 1 - 5 - 1
Initial Application
Documents & Materials
Planning Board - September 4, 2025
ITEM: 1 - 6 - 1
Page 1 of 7
Conditional Zoning District Application – Updated 06-2023
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
nhcgov.com/528/Planning-Land-Use
CONDITIONAL ZONING APPLICATION
This application form must be completed as part of a conditional zoning application submitted through the county’s
online COAST portal. The main procedural steps in the submittal and review of applications are outlined in the flowchart
below. More specific submittal and review requirements, as well as the standards to be applied in reviewing the
application, are set out in Section 10.3.3 of the Unified Development Ordinance.
Public Hearing Procedures
(Optional)
Pre-Application
Conference
1
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Hearing &
Recom-
mendation
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
1. Applicant and Property Owner Information
Applicant/Agent Name Owner Name (if different from Applicant/Agent)
Company Company/Owner Name 2
Address Address
City, State, Zip City, State, Zip
Phone Phone
Email Email
Planning Board - September 4, 2025
ITEM: 1 - 7 - 1
Page 2 of 7
Conditional Zoning District Application – Updated 06-2023
2. Subject Property Information
Address/Location Parcel Identification Number(s)
Total Parcel(s) Acreage Existing Zoning and Use(s) Future Land Use Classification
3. Proposed Zoning, Use(s), & Narrative
Proposed Conditional Zoning District: Total Acreage of Proposed District:
Maximum Residential Density (if applicable) Maximum Non-Residential Square Footage (if
applicable)
Please list all of the specific uses that will be allowed within the proposed Conditional Zoning District, the
purpose of the district, and a project narrative (attach additional pages if necessary). Note: Only uses permitted
in the corresponding General Use District are eligible for consideration within a Conditional Zoning District.
Planning Board - September 4, 2025
ITEM: 1 - 7 - 2
Page 3 of 7
Conditional Zoning District Application – Updated 06-2023
4. Proposed Condition(s)
Note: Within a Conditional Zoning District, additional conditions and requirements which represent greater
restrictions on the development and use of the property than the corresponding general use district regulations may
be added. These conditions may assist in mitigating the impacts the proposed development may have on the
surrounding community. Please list any conditions proposed to be placed on the Conditional Zoning District below.
Staff, the Planning Board, and Board of Commissioners may propose additional conditions during the review process.
5. Traffic Impact
Please provide the estimated number of trips generated for the proposed use(s) based off the most recent version of
the Institute of Traffic Engineers (ITE) Trip Generation Manual. A Traffic Impact Analysis (TIA) must be completed for
all proposed developments that generate more than 100 peak hour trips, and the TIA must be included with this
application.
Note: It is recommended that traffic generation numbers be reviewed by the WMPO prior to application to ensure
that the most appropriate ITE land use code is identified and most recent generation rates have been applied. If
numbers are verified, please attach a copy of the verification. If numbers have not been verified and the submitted
generation numbers must be adjusted, this may result in the application being ineligible to move forward to the intended
Planning Board agenda.
ITE Land Use(s):
Trip Generation Use and Variable (gross floor area, dwelling units, etc.)
AM Peak Hour Trips: PM Peak Hour Trips:
Planning Board - September 4, 2025
ITEM: 1 - 7 - 3
Page 4 of 7
Conditional Zoning District Application – Updated 06-2023
6. Conditional Zoning District Considerations
The Conditional Zoning District procedure is established to address situations where a particular land use would be
consistent with the New Hanover County 2016 Comprehensive Plan and the objectives outlined in the Unified
Development Ordinance and where only a specific use or uses is proposed. The procedure is intended primarily for
use with transitions between zoning districts of dissimilar character where a particular use or uses, with restrictive
conditions to safeguard adjacent land uses, can create a more orderly transition benefiting all affected parties and
the community at-large.
The applicant must explain, with reference to attached plans (where applicable), how the proposed Conditional
Zoning district meets the following criteria.
1. How would the requested change be consistent with the County’s policies for growth and development, as
described in the 2016 Comprehensive Plan, applicable small area plans, etc.
2. How would the requested Conditional Zoning district be consistent with the property’s classification on the
2016 Comprehensive Plan’s Future Land Use Map.
Planning Board - September 4, 2025
ITEM: 1 - 7 - 4
Page 5 of 7
Conditional Zoning District Application – Updated 06-2023
3. What significant neighborhood changes have occurred to make the original zoning inappropriate, or how is
the land involved unsuitable for the uses permitted under the existing zoning?
Planning Board - September 4, 2025
ITEM: 1 - 7 - 5
Page 6 of 7
Conditional Zoning District Application – Updated 06-2023
Staff will use the following checklist to determine the completeness of your application. Please verify all of the listed
items are included and confirm by initialing under “Applicant Initial”. If an item is not applicable, mark as “N/A”.
Applications determined to be incomplete must be corrected in order to be processed for further review; Staff will
confirm if an application is complete within five business days of submittal.
Application Checklist Applicant Initial
This application form, completed and signed (all property owners must sign signatory
page)
Application fee:
• $600 for 5 acres or less
• $700 for more than 5 acres
• $300 in addition to base fee for applications requiring TRC review
Community Information Meeting Report (complete and signed by agent or all property
owners)
Traffic Impact Analysis if applicable (use of attached report document is recommended)
• The official TIA approval letter is recommended prior to this item being placed on
the Planning Board meeting agenda. The Planning Board may choose to continue
the hearing until the official TIA approval letter is provided.
• The official TIA approval letter is required prior to this item being placed on the
Board of Commissioners meeting agenda.
Legal description (by metes and bounds) or recorded survey Map Book and Page Reference
of the property requested for rezoning
Conceptual Plan including the following minimum elements [Note: If elements beyond the
minimum requirements are shown on the concept plan they may be considered conditions of
approval if not eligible for approval as minor deviations]:
Tract boundaries and total area, location of adjoining parcels and roads
• Proposed use of land, building areas and other improvements
o For residential uses, include the maximum number, height, and type of
units; area to be occupied by the structures; and/or proposed subdivision
boundaries.
o For non-residential uses, include the maximum square footage and height
of each structure, an outline of the area structures will occupy, and the
specific purposes for which the structures will be used.
• Proposed transportation and parking improvements; including proposed rights-of-
way and roadways; proposed access to and from the subject site; arrangement
and access provisions for parking areas.
• All existing and proposed easements, required setbacks, rights-of-way, and
buffers.
• The location of Special Flood Hazard Areas.
• A narrative of the existing vegetation on the subject site including the approximate
location, species, and size (DBH) of regulated trees. For site less than 5 acres, the
exact location, species, and sized (DBH) of specimen trees must be included.
• Approximate location and type of stormwater management facilities intended to
serve the site.
• Approximate location of regulated wetlands.
• Any additional conditions and requirements that represent greater restrictions on
development and use of the tract than the corresponding general use district
regulations or additional limitations on land that may be regulated by state law or
local ordinance
Planning Board - September 4, 2025
ITEM: 1 - 7 - 6
Page 7 of 7
Conditional Zoning District Application – Updated 06-2023
Documentation on soil types and infiltration rates if underground stormwater facilities
proposed
One (1) digital PDF copy of ALL documents AND plans
7. Acknowledgement and Signatures
By my signature below, I understand and accept all of the conditions, limitations, and obligations of the Conditional
Zoning District zoning for which I am applying. I understand that the existing Official Zoning Map is presumed to be
correct. I certify that this application is complete and that all information presented in this application is accurate to
the best of my knowledge, information, and belief.
If applicable, I also appoint the applicant/agent as listed on this application to represent me and make decisions on
my behalf regarding this application during the review process. The applicant/agent is hereby authorized on my
behalf to:
1. Submit an application including all required supplemental information and materials;
2. Appear at public hearings to give representation and comments;
3. Act on my behalf without limitations with regard to any and all things directly or indirectly connected with or
arising out of this application; and
4. Provide written consent to any and all conditions of approval.
Signature of Property Owner(s) Print Name(s)
Signature of Applicant/Agent Print Name
Note: This form must be signed by the owner(s) of record. If there are multiple property owners, a signature is
required for each owner of record.
Note: If changes are made to the proposal after the application completeness determination that require additional
staff review and vetting, the proposal will be ineligible to move forward to the intended Planning Board agenda. No
changes will be accepted by staff after the applications are posted at the time of public notice.
If an applicant requests delay of consideration from the Planning Board or Board of County Commissioners before notice
has been sent to the newspaper, the item will be calendared for the next meeting and no fee will be required. If delay is
requested after notice has been sent to the newspaper, the Board will act on the request at the scheduled meeting and are
under no obligation to grant the continuance. If the continuance is granted, a fee in accordance with the adopted fee
schedule as published on the New Hanover County Planning website will be required.
Planning Board - September 4, 2025
ITEM: 1 - 7 - 7
Page 1 of 2
Community Information Meeting Report – Approved 06-2022
NEW HANOVER COUNTY_____________________
DEPARTMENT OF PLANNING & LAND USE
230 Government Center Drive, Suite 110
Wilmington, North Carolina 28403
Telephone (910) 798-7165
Nhcgov.com/528/Planning-Land-Use
COMMUNITY INFORMATION MEETING REPORT
This Community Information Meeting Report must be submitted with the application for a conditional rezoning, planned
development, or intensive industry special use permit in order for the application to be deemed complete.
Address/Location Parcel Identification Number(s)
Meeting Date and Time
Format (Virtual, In-Person, Hybrid) Location if In-Person or Hybrid
Selection Criteria for Location
Meeting Summary
Issues and Concerns Discussed at Meeting
Planning Board - September 4, 2025
ITEM: 1 - 7 - 8
Page 2 of 2
Community Information Meeting Report – Approved 06-2022
List of Changes and Modifications Made to the Proposal in Response to Issues and Concerns (if no modifications
were made, please explain why)
Report Attachments
All of the following items must be submitted as part of the required community information meeting report in addition
to this form.
Checklist Applicant Initial
A list of names and addresses of attendees
A list of the names and addresses of invitees and copies of any returned mailings received to date
A copy of the mailed notice with all attachments
A copy of all materials distributed or presented at the meeting
Acknowledgement and Signatures
By my signature below, I hereby certify that written notice of the community information meeting as described
above was mailed and/or personal delivery to property owners withing 500 feet of the subject site as set forth
on the attached list, by first class mail on [DATE] _____________________________. A copy of the written notice
is also attached. I also herby certify that the meeting summary and list of attendees is accurate and representative
of the proceedings at the community information meeting.
Signature of Applicant or Applicant’s Agent Print Name
Date
Planning Board - September 4, 2025
ITEM: 1 - 7 - 9
commercial premmise GENERAL plan
Arch :ROGER CARDENAS HERNANDEZ
Atilano cardenas
2624 Castle H AYNE rd
Wilmington nc 28401
2624 Castle H AYNE rd
Wilmington nc 28401
store & Restaurant el paso
150 ft
106.4 ft120 ft
150.6 ft
Planning Board - September 4, 2025
ITEM: 1 - 7 - 10
OWN1 Owner_Address Owner_City
SOLANA ALAN TRUSTEE 1650 MILITARY CUTOFF RD SUITE 200 WILMINGTON, NC 28403
MORTON STEVEN C PATRICIA J 111 HORNE PLACE DR WILMINGTON, NC 28401
JEWELL JOSEPH A DEBORAH A 116 HORNE PLACE DR WILMINGTON, NC 28401
JOHNSON RANSOM C JR 115 HORNE PLACE DR WILMINGTON, NC 28401
HAGER JOHN A ETAL 112 HORNE PLACE DR WILMINGTON, NC 28401
SHORT ANDREW D 3321 AMMONS DR WILMINGTON, NC 28405
HUGHES JOYCE S 5917 MYRTLE GROVE RD WILMINGTON, NC 28409
INMAN DAN E MARIE P 130 CARL SEITTER DR WILMINGTON, NC 28401
WILLIAMS SAMANTHA 2701 CASTLE HAYNE RD WILMINGTON, NC 28401
PHILLIPS 66 COMPANY PO BOX 5600 BARTLESVILLE, OK 74005
ADVANCE STORES COMPANY INC 5008 AIRPORT RD ROANOKE, VA 24012
NEW HANOVER COUNTY 230 GOVERNMENT CENTER DR SUITE 190 WILMINGTON, NC 28403
INMAN DAN E MARIE P 130 CARL SEITTER DR WILMINGTON, NC 28401
GARCIA GOMEZ RAMON ET UX 5916 SALTEE WAY WILMINGTON, NC 28409
JP PORTER LLC 163 VOYAGER WAY HAMPSTEAD, NC 28443
PRIDGEN MANLEY M II 14 SHERIDAN DR WILMINGTON, NC 28401
ALHOBISHI CONVENIENCE STORES &
RENTALS I
PO BOX 807 SAINT PAULS, NC 28384
LA BELLA AIROSA LLC 625 KIMBERLY CT ROCKY POINT, NC 28457
OUTER RIM ENTERPRISES INC 3508 KERR AVE N WILMINGTON, NC 28405
JP PORTER LLC 163 VOYAGER WAY HAMPSTEAD, NC 28443
PRIDGEN MANLEY M II 14 SHERIDAN DR WILMINGTON, NC 28401
HUGHES JOYCE S 5917 MYRTLE GROVE RD WILMINGTON, NC 28409
OREILLY AUTOMOTIVE STORES INC 233 PATTERSON AVE S SPRINGFIELD, MO 65802
WRIGHTSBORO PLAZA 6725 MONUMENT DR WILMINGTON, NC 28405
ASSURED QUALITY HOLDINGS LLC 327 GATEFIELD DR WILMINGTON, NC 28412
ZP 387 WRIGHTSBORO PLAZA LLC 6725 MONUMENT DR WILMINGTON, NC 28405
CLARK CALEB A 8 LAUREL DR WILMINGTON, NC 28401
TIMMERMAN TANNER J KERRIE B 16 LAUREL DR WILMINGTON, NC 28401
MCCANDLESS ELEANOR N 1911 KNOLLWOOD DR WILMINGTON, NC 28403
EIR ASSOCIATES PLLC 4424 MOCKINGBIRD LN WILMINGTON, NC 28409
PIERCE PRINCETTA MALAVE PHILLIP M 583 PERU RD SNEADS FERRY, NC 28460
ALLMAN ALLEN P 2630 CASTLE HAYNE RD WILMINGTON, NC 28401
MCDOWELL SHELVIA S 4 LAUREL DR WILMINGTON, NC 28401
WILLIAMS JANET HERRING ETAL 511 ASHLEY PL JACKSONVILLE, NC 28546
B&C WRIGHTSBORO LLC PO BOX 3743 WILMINGTON, NC 28406
1Planning Board - September 4, 2025
ITEM: 1 - 7 - 11
8 July 2025
To: Adjacent Property Owners
From: Atilano Cardenas
Re: 2624 Castle Hayne Road
I would like to extend my apologies for the additional notice, but we encountered a digital
notification issue that may have caused confusion so we are holding a second information
session. I will also like to thank those came to the first meeting.
This is a notice for a community information meeting for an upcoming request by Atilano
Cardenas, applicant, on behalf of Phillip & Princetta Pierce, property owner(s), for a Conditional
Rezoning from (CZD) B-1 to (CZD) B-1 for grocery store and restaurant.
The subject property is approximately 0.39 ac. and is located at 2624 Castle Hayne Road and is
identified as PID R03311-004-017-000.
The purpose of the community information meeting is to explain the proposal and answer
questions from meeting attendees.
The meeting will be held at Tienda Latina El Paso located at 2528 Castle Hayne Rd STE 8 at
10am on July 22nd. If you cannot attend, you are also welcome to contact me at (910) 212-0666
or elpasoilm@gmail.com with any comments or questions.
Thank you,
Atilano Cardenas
commercial premmise GENERAL plan
Arch :ROGER CARDENAS HERNANDEZ
Atilano cardenas
2624 Castle H AYNE rd
Wilmington nc 28401
Commercial Area
store & Restaurant el paso
Area to be buit 6,374 sf square
Parking
From
S
e
t
b
a
c
k
2
5
´
Entrace and exit for vehicles
Restaurant
Streetyard Plantings
Gar
d
e
n
Ga
r
d
e
n
i
a
L
a
n
e
Gar
d
e
n
CASTLE HAYNE ROAD /N.C. HWY 117
Zon
i
n
g
B
-
1
Fa
m
i
l
y
D
o
l
l
a
r
Zon
i
n
g
B
-
1
2624 Castle H AYNE rd
Wilmington nc 28401
6.00 ft
Thuja Green Giant Arborvitae
Natural hedge barrier
Schematic Section
Street
35´
Drain slope
150 f
t
106.4 ft
120 ft
150
.
6
f
t
Surface CoverageRooftop 6,460 Concrete 4,571Total
Total building Area 6,374 s.f.(+-)Max. Building Height
Parking (@ 2.5spaces/ 1000 s.f .GFA)Min. Spaces req´d. =20
Space Prov = 20
Development Notes
Tract Area 16,553 s.f.(0.39 ac.)Proposed land Use(s)- Grocery Store and Restaurant
1. All development shall be in accordance with
2.Project shall comply with all Federal, State and New
the New Hanover County Zoning Ordinance
Hanover County regulations
Development Data
General Notes1. New Hanover County Parcel NosPARID : R 03311-004-017-000
2. Trac Area : 16,553 s.f. (0.39 ac.)
3.Current Zoning District :(CZD)B1 Propsed District- (CZD) B1
4. Comprehensive Plan Classification:Community Mixed-Use
Entrace and exit for vehicles
11,031
Occupation area 39,03 %
Free area 60,97 %
Concrete
Concrete
Concrete
Garden
35´
Concept Plan
Rea
r
s
e
t
b
a
c
k
3
0
´
commercial premmise GENERAL plan
Arch :ROGER CARDENAS HERNANDEZ
Atilano cardenas
2624 Castle H AYNE rd
Wilmington nc 28401
2624 Castle H AYNE rd
Wilmington nc 28401
store & Restaurant el paso
150 ft
106.4 ft120 ft
150.6 ft
Planning Board - September 4, 2025
ITEM: 1 - 7 - 12
Planning Board - September 4, 2025
ITEM: 1 - 7 - 13
NHC GIS Map
New Hanover County, NC, NHC GIS
zoning
AR
B-1
B-2
CZD B-1
O&I
R-15
R-20
SC
parcels
roads
major roads
municipal limits
address
6/18/2025, 2:15:09 PM
0 0.04 0.090.02 mi
0 0.07 0.140.04 km
1:2,000
New Hanover County, NC
New Hanover County, NC | New Hanover County, NC | NHC GIS |
Planning Board - September 4, 2025
ITEM: 1 - 7 - 14
Planning Board - September 4, 2025
ITEM: 1 - 7 - 15
Concept Plan
Planning Board - September 4, 2025
ITEM: 1 - 8 - 1
commercial premmise GENERAL plan
Arch :ROGER CARDENAS HERNANDEZ
Atilano cardenas
2624 Castle H AYNE rd
Wilmington nc 28401
Grocery
store & Restaurant el paso
Area 3,413 sf
Parking
)U
R
P
6
H
W
E
D
F
N
Entrace and exit for vehicles
Restaurant
Streetyard Plantings
Ga
r
d
e
n
i
a
L
a
n
e
CASTLE HAYNE ROAD /N.C. HWY 117
Zo
n
i
n
g
B
-
1
Fa
m
i
l
y
D
o
l
l
a
r
Zo
n
i
n
g
B
-
1
2624 Castle H AYNE rd
Wilmington nc 28401
6.00 ft
Thuja Green Giant Arborvitae
Natural hedge barrier
Schematic Section
Street
Drain slope
15
0
f
t
106.4 ft
120 ft
15
0
.
6
f
t
Total building Area 5,498 s.f.(+-)
Max. Building Height
Parking (@ 2.5spaces/ 1000 s.f .GFA)
0LQ6SDFHVUHTG
Space Prov = 19
Development Notes
Tract Area 16,553 s.f.(0.39 ac.)
Proposed land Use(s)- Grocery Store and Restaurant
1. All development shall be in accordance with
2.Project shall comply with all Federal, State and New
the New Hanover County Zoning Ordinance
Hanover County regulations
Development Data
General Notes
1. New Hanover County Parcel Nos
PARID : R 03311-004-017-000
2. Trac Area : 16,553 s.f. (0.39 ac.)
3.Current Zoning District :(CZD)B1
Propsed District- (CZD) B1
4. Comprehensive Plan Classification:
Community Mixed-Use
Occupation area 39,03 %
Free area 60,97 %
Concrete
Concrete
Concrete
Concept Plan
5H
D
U
V
H
W
E
D
F
N
sign
Area2,085 sf
Dumpster
loadin area for truck delivery
Planning Board - September 4, 2025
ITEM: 1 - 9 - 1
Public Comments
In Support 0
Neutral 0
In Opposition 0
Planning Board - September 4, 2025
ITEM: 1 - 10 - 1
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 9/4/2025
Regular
DEPARTMENT: Planning PRESENTER(S): Rebekah Roth, Director of Planning & Land Use
CONTACT(S): Rebekah Roth
SUBJECT:
Public Hearing
Text Amendment Request (TA25-04) - Request by New Hanover County to amend Ar7cles 2, 3, 4, 5, 6, 11, and 12
of the Unified Development Ordinance to modernize and clarify sign standards and ensure provisions are
compliant with legal requirements
BRIEF SUMMARY:
New Hanover County first adopted sign regula"ons in 1972, with most of the current standards in place since 2001.
Since then, both the marketplace and the legal framework for signage have changed. To keep the ordinance current,
staff have prepared a maintenance amendment to modernize and clarify the County’s sign standards.
The proposed amendment incorporates new technologies such as digital signage, clarifies exis"ng rules so that both
readers and administrators share a common understanding of how the code applies, ensures the standards are
content-neutral so they regulate the size, placement, and design of signs rather than the type of message displayed,
and updates ordinance language to reflect current state laws and local authority.
A dra3 amendment was released on August 13, 2025, following a presenta"on to the Planning Board on August 7,
2025. Public comments received before 5:00 PM on August 26, 2025, were reviewed and considered for the a:ached
public hearing dra3.
In addi"on to public feedback, staff have made further adjustments. These include refining digital signage requirements
to be:er align with the City of Wilmington’s standards and crea"ng permit exemp"ons for temporary signs of limited
size and dura"on to reduce unnecessary regulatory and administra"ve burdens.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Staff recommends approval of the proposed amendment and suggests the following mo"on:
I move to RECOMMEND APPROVAL of the proposed amendment to the Unified Development Ordinance to
modernize and clarify sign standards and ensure provisions are compliant with legal requirements. I find it to be
Planning Board - September 4, 2025
ITEM: 2
consistent with the purposes and intent of the 2016 Comprehensive Plan because it supports business success through
its inclusion of provisions for modern technologies and clarified standards. I find RECOMMENDING APPROVAL to
be reasonable and in the public interest because the proposed amendment supports a common understanding of sign
requirements, retains exis"ng sign-related policies, and aligns regula"ons with the current legal context.
ATTACHMENTS:
Descrip"on
TA25-04 Script - Planning Board
TA25-04 Staff Report - Planning Board
TA25-04 Summary
TA25-04 Planning Board Public Hearing Draft
TA25-04 Public Comment
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - September 4, 2025
ITEM: 2
SCRIPT for Unified Development Ordinance Text Amendment (TA25-04)
Request by New Hanover County to amend Articles 2, 3, 4, 5, 6, 11 and 12 of the Unified
Development Ordinance to modernize and clarify sign standards and ensure provisions are
compliant with legal requirements
1. This is a public hearing. We will hear a presentation from staff. Then any supporters and
opponents will each be allowed 15 minutes for their presentation and an additional 5 minutes
for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Supporters’ presentation (up to 15 minutes)
c. Opponents’ presentation (up to 15 minutes)
d. Staff rebuttal (up to 5 minutes)
e. Opponents’ rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board Discussion (including questions for staff)
5. Vote on amendment. The motion should include a statement saying how the change is, or is not,
consistent with the land use plan and why approval or denial of the rezoning request is reasonable
and in the public interest.
Example Motion of Approval
I move to RECOMMEND APPROVAL of the proposed amendment the Unified Development Ordinance
to modernize and clarify sign standards and ensure provisions are compliant with legal requirements. I
find it to be consistent with the purposes and intent of the 2016 Comprehensive Plan because it supports
business success through its inclusion of provisions for modern technologies and sign standards. I find
RECOMMENDING APPROVAL to be reasonable and in the public interest because the proposed
amendment supports a common understanding of sign requirements, retains existing sign-related policies,
and aligns regulations with the current legal context.
Alternative Motion for Approval/Denial:
I move to recommend [Approval/Denial] of the proposed amendment to the New Hanover County Unified
Development Ordinance. I find it to be [Consistent/Inconsistent] with the purposes and intent of the
Comprehensive Plan because [insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
I also find [Approval/Denial] of the proposed amendment is reasonable and in the public interest because
[insert reasons]
__________________________________________________________________________________
__________________________________________________________________________________
Planning Board - September 4, 2025
ITEM: 2 - 1 - 1
TA25-03 Staff Report PB 2.6.2025 Page 1 of 6
STAFF REPORT OF TA25-04
TEXT AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: TA25-04
Request:
To amend Articles 2, 3, 4, 5, 6, 11, and 12 of the Unified Development Ordinance to modernize
and clarify sign standards and ensure provisions are compliant with legal requirements
Applicant: Subject Ordinance:
New Hanover County Unified Development Ordinance (UDO)
Subject Article(s) and Section(s):
Article 2: Measurements and Definitions
Article 3: Zoning Districts
Article 4: Uses and Use Specific Standards
Article 5: General Development Standards
o Section 5.6: Signs
Article 6: Subdivision Design and Improvements
Article 11: Nonconforming Situations
Article 12: Violations and Enforcement
BACKGROUND & STAFF ANALYSIS
New Hanover County first adopted sign-related standards in 1972, current provisions have largely been in
place since 2001. Since that time, market conditions and legal provisions related to signage have changed,
and this staff-proposed maintenance amendment is intended to modernize and clarify the County’s sign
standards. The amendment is designed to incorporate new technologies, specifically digital signage;
clarify current provisions so ordinance readers and administrators have a common understanding of how
the code applies; ensure standards are content neutral and not based on the type of sign message; and
update ordinance language to align with current statutory provisions and authorities.
When current standards were largely adopted in 2001, efforts were in place to develop common
standards that would apply both within the City of Wilmington and the unincorporated areas of the
County, and amortization measures were a key component of the sign ordinances adopted at the time.
These measures required that all nonconforming signs come into compliance with the new regulations
within a specific timeframe, and the ordinance language was designed with the anticipation that after that
amortization period all signs on the ground would be compliant with the new standards and no
nonconforming signs would remain. Toward the end of the amortization period established in 2001,
Planning Board - September 4, 2025
ITEM: 2 - 2 - 1
TA25-03 Staff Report PB 2.6.2025 Page 2 of 6
however, the Board of Commissioners decided to remove those requirements from the ordinance, and
pre-2001 signs were not ultimately required to conform with the newer sign standards.
In addition, in the decades since these provisions were originally adopted, the legal context around signs
and sign regulations has changed. Sign regulations—because they can burden speech—are subject to
constitutional review and a higher level of scrutiny than other types of development regulations. Many
local governments, including the County, had historically included sign regulations that differentiated
standards for signage based on how they were being used (i.e., the content of the sign) rather than the
type of sign (e.g., freestanding, temporary, monument, etc.). However, this approach has been
invalidated in court decisions, such as the 2015 U.S. Supreme Court ruling in Reed v. Town of Gilbert.
These court decisions have led to local governments across the county reviewing and revising sign
regulations.
Major modifications to these standards were not included in the Unified Development Ordinance Project,
which included updates to many of the County’s development regulations and ended in 2020, due to court
decisions taking place at the time that would impact the scope of modifications that would be necessary.
Subsequent changes in state law related to local ability to regulate nonconforming signs have also
continued to impact the County’s sign regulations. These have been incorporated into the UDO through
our regular maintenance amendments, but older language that anticipated the 2000s era amortization of
nonconforming signs sets expectations for local authority to remove nonconforming signs that no longer
exists.
Legal guidance, precedents, and changes in market practices and sign technologies now justify a
maintenance amendment to standards. Key provisions and rationale are described below, and all
proposed revisions are intended to be as policy neutral as possible since the Board of Commissioners has
not provided specific policy direction on these topics. While not included in UDO Project amendments,
the consulting firm engaged for that project had audited provisions and offered potential amendments in
2021 that have been incorporated into the proposed draft, and County Legal staff have been involved in
reviewing the proposed amendment in light of evolving legal considerations.
New Technologies
The proposed amendment includes new provisions outlining potential standards for electronic
changeable copy (digital) signs and audio components.
- Currently, the ordinance does not directly address digital signs, and past interpretations of the
regulations consider digital signs to be signs with internal illumination, which is regulated. The
application of these illumination provisions for digital signs is not clear to code users, often
requires sign companies to speak with staff to determine if the sign they are proposing would be
allowed, and may lead to inadvertent violations of the ordinance. Creating clear definitions and
standards for digital signs will reduce these issues. Proposed standards for digital signs do include
provisions related to transitions between displays and luminance levels that are intended to be in
line with those required within the City of Wilmington and industry standards. Additional
provisions to reduce luminance in non-daylight hours to no more than 150 nits have also been
proposed due to the different scale of development in parts of unincorporated New Hanover
County as opposed to the City.
- While not currently installed in New Hanover County, signage with audio components is now
possible. Staff has not identified local government regulations pertaining to audio components
to use as an example so has proposed limiting this technology to only what is necessary for
compliance with the Americans with Disabilities Act or other state or federal requirements. This
Planning Board - September 4, 2025
ITEM: 2 - 2 - 2
TA25-03 Staff Report PB 2.6.2025 Page 3 of 6
will impose limitations on this technology until such time that best practices are identified or
specific policy guidance is provided by the Board of Commissioners.
Clarification of Provisions
Current code provisions are not always clear to code users due to the lack of definitions for some key
terms, the current location of some code provisions, and older language that sets expectations that are
not in keeping with current practices or local government authorities. The proposed amendment ensures
clear definitions for key terms, reorganizes provisions so readers are able to find the information they
need more easily, and removes or revises unclear language.
- Language outlining how sight triangles, which are referred to in the sign standards, are measured
has been added to the ordinance.
- Definitions for sign types and terms required for those definitions have been updated and/or
provided in Section 2.3: Definitions and Terms. This section has also been reorganized to reduce
confusion as to where sign-related definitions are located.
- All sign-related provisions specific to particular zoning districts have been incorporated into
Section 5.6: Signs, except for those pertaining to the Riverfront Mixed Use (RFMU) and Special
Highway Overlay (SHOD) districts. The RFMU sign standards are structured differently from those
for other districts in the unincorporated County, and this district is rarely used, so sign standards
specific to this district remain in the district standards. The sign-related SHOD standards are kept
with other development standards specific to this overlay district. However, Section 5.6 clearly
references those standards so readers of the Sign regulations are clearly directed to the
appropriate place in the code. This will reduce the potential that those interested in sign
standards would miss regulations that would apply when making decisions about making
investments in signage.
- Purpose statement language that reflects the intent of prior sign regulations has been removed
in the proposed amendment. This type of language is not intended to be regulatory in nature,
but this can confuse code readers. Policies and rationale behind the adoption of development
standards are now intended to be outlined in text amendment staff reports and policy documents,
such as the Comprehensive Plan. The UDO also includes a General Purpose and Intent section in
Article 1: General Provisions that outlines the overall purpose of ordinance standards.
- Section 5.6: Signs is restructured so it is more clear to code users how exemptions, permitting
requirements, and standards apply.
- Currently, the ordinance does not require sign permits for certain types of uses. While intended
to reduce regulatory barriers, because the permit process is how compliance with the code is
determined, it can create situations where property owners might make significant investments
in signage that is not compliant, and current provisions do not exempt them from meeting all
ordinance standards. In addition, it is not clear that building code permits may still be required,
as not all code users are aware that multiple types of regulations may apply to a permit or project.
The proposed amendment requires permits for all permanent signs to ensure compliance before
property owners invest in them. The sign permitting process in the County’s software system is
being updated in a parallel project, so property owners would be able to submit any request for
signage placement or modification and be reviewed simultaneously for building code
requirements (if applicable) and zoning requirements. The zoning component of this involves a
relatively nominal expense ($45 on the FY26 fee schedule) and could save property owners in the
long run.
Planning Board - September 4, 2025
ITEM: 2 - 2 - 3
TA25-03 Staff Report PB 2.6.2025 Page 4 of 6
- The current sign standards require that all temporary signs, unless specifically exempted, also
receive sign permits. There is a need for temporary signs to be compliant with standards, but the
investment risk to property owners is less if permits were not required for these signs versus
permanent signs. The proposed amendment outlines that temporary signs of a certain size could
be displayed for a short duration without triggering the permit requirements. As it is rare that
property owners apply for temporary sign permits, this exemption would reduce potential
administrative responsibilities related to compliance, while reducing the regulatory burden on
property owners. This also enables the removal of standards that previously exempted off-
premises real estate signs from permit requirements, which became confusing when revised to
be content-neutral.
- Currently, the sign regulations refer to Building Code requirements and responsibilities of the
Building Safety Director. These have been reviewed so language that may potentially conflict with
the North Carolina Building Code and its revisions can be removed.
- A chart included in the current sign standards that shows both prohibited and permitted signs has
been removed. Prohibited signs are listed separately, and signs that are permitted in at least one
zoning district have been moved to other charts.
- Throughout the proposed amendment, standards have been revised to reduce potential
confusion regarding how provisions will apply.
Content Neutrality and Other Legal Considerations
Due to the greater scrutiny of sign regulations due to their impact on protected speech, current provisions
have been reviewed for content-neutrality (i.e., that they do not make distinctions based on the content
of the sign) along with other constitutional provisions that apply particularly to sign standards.
- Use-specific standards have been removed, and provisions for nonresidential uses in residential
districts have been clarified so standards are based on property characteristics.
- Language that applied to specific types of signs (real estate signs, etc.) have been revised so that
they apply based on the property characteristics rather than the type of sign message.
- Standards for flags that exempt certain types of flags from regulation have been removed.
- Current standards related to vulgar language have been revised and are in line with City of
Wilmington provisions.
- A current permit exemption for political signs has been removed as staff would be required to
examine the content in order to determine compliance. Instead, a provision has been added that
would exempt signs of a certain size placed on residential lots from the provisions of the
ordinance.
Current Statutory Provisions and Authorities
As noted previously, as state law around local government’s authority to regulate signs has changed, this
has been incorporated into the current code. However, discrepancies between older language and new
provisions still exist, so the proposed amendment cleans up provisions, so they are as clear as possible to
ordinance users.
- References to Outdoor Advertising Signs have been removed as the current term used in state
legislation is Off-Premises Advertising Sign.
Planning Board - September 4, 2025
ITEM: 2 - 2 - 4
TA25-03 Staff Report PB 2.6.2025 Page 5 of 6
- As state law now requires that legally permitted nonconforming signs be allowed to be replaced
or moved on site, subject to certain requirements, current language that sets expectations that
nonconforming signage cannot continue in these types of situations has been revised.
- New language clarifies that the County can only remove signage for state right-of-way with the
permission of NCDOT, the body statutorily authorized to regulate activities in the right-of-way.
As a note, the County does not have authority to regulate signage in private or non-NCDOT
publicly dedicated rights-of-way.
PUBLIC COMMENT
A draft of the proposed amendment was released on August 13, 2025 following a presentation to the
Planning Board at their August 7, 2025 meeting. Public comments received during the period between
the release and 5 PM on August 26, 2025 were considered for incorporation into the attached public
hearing draft.
Two comments were received during this time—a phone call question from an outdoor advertising
company and an email submitted by an attorney who has been working with a property owner in the
unincorporated county.
- The question from the outdoor advertising company pertained to whether the proposed
amendment would prohibit the conversion of existing billboards into digital billboards. The public
comment draft did not specify this, and it is not specifically addressed in the current ordinance.
The intent of the proposed amendment is that the standards for digital signs that apply to other
types of signage would also apply to the conversation of nonconforming off-premises advertising
signs unless otherwise desired by the Board of Commissioners.
- The attorney’s email requested the County consider additional modifications to language in
Article 11: Nonconforming Situations. The attorney's client had erroneously received approval a
few years ago for a freestanding sign that did not comply with the ordinance requirements. While
the County has procedures in place to address these situations and has been working with the
affected property owner, current standards would ultimately require signs approved in error to
come into compliance with ordinance provisions and would not consider these signs a legal
nonconformity. While language the commenter has indicated is vague has been clarified in the
public hearing draft, provisions have been reorganized so they are easier to find for all code users,
and review processes are being updated to reduce the potential for staff mistakes, allowing non-
compliant signs to remain as legal nonconformities would be inconsistent with efforts to
consistently apply regulations and would require the community to bear the burden of
administrative errors. County staff would recommend that current processes remain in place to
deal with these situations.
During the public comment period, staff has also continued to review the draft amendment and has
proposed additional modifications to digital signage requirements to ensure consistency with the City of
Wilmington and outlined permit exemptions for temporary signs of a certain size and duration to reduce
administrative and regulatory burdens.
Planning Board - September 4, 2025
ITEM: 2 - 2 - 5
TA25-03 Staff Report PB 2.6.2025 Page 6 of 6
PROPOSED AMENDMENT
The proposed text amendment is attached, with red italics indicating the new language and strikethrough
indicating provisions that were removed in the public comment draft. New language included in the public
hearing draft in response to public comment and draft review is shown in bold, blue text, with double
strikethrough indicating additional removal of provisions since the public comment draft was released.
Staff comments explaining the rationale for proposed changes are included.
STAFF RECOMMENDATION
Staff recommends approval of the proposed amendment and suggests the following motion:
I move to RECOMMEND APPROVAL of the proposed amendment to the Unified Development
Ordinance to modernize and clarify sign standards and ensure provisions are compliant with legal
requirements. I find it to be consistent with the purposes and intent of the 2016 Comprehensive
Plan because it supports business success through its inclusion of provisions for modern
technologies and clarified standards. I find RECOMMENDING APPROVAL to be reasonable and in
the public interest because the proposed amendment supports a common understanding of sign
requirements, retains existing sign-related policies, and aligns regulations with the current legal
context.
Planning Board - September 4, 2025
ITEM: 2 - 2 - 6
Unified Development Ordinance (UDO) Sign
Maintenance Amendment
Code Sections
Affected
Article 2:
Measurements and
Definitions
Article 3: Zoning
Districts
Article 4: Uses and
Use Specific
Standards
Section 5.6: Signs
Article 6:
Subdivision Design
and Improvements
Article 11 –
Nonconforming
Situations
Article 12 –
Violations and
Enforcement
Key Intent
Directly address new technologies, specifically digital signage.
Clarify current provisions to reduce reader confusion and staff
interpretation.
Ensure standards are content neutral and not based on the type of sign
message.
Update ordinance language to align with current statutory provisions and
authorities.
Changes
New provisions have been provided outlining potential standards for
electronic changeable copy (digital) signs and audio components (Section
5.6.2: General Provisions).
Provisions for the use of digital signs for nonresidential uses in residential
zoning districts has been clarified (Section 5.6.3: Permanent Signs).
Section 5.6: Signs is reorganized to better clarify which signs are exempt
from provisions, which sign types are prohibited, and which signs do not
require permits.
Sign standards have been updated to be content neutral as described in
the notes on the public comment draft. These updates include removing
use specific sign standards and no longer referencing “real estate signs,”
“construction signs,” and exemptions for certain types of flags (Article 4:
Uses and Use-Specific Standards and Section 5.6: Signs).
Provisions currently in Article 2 related to signs have been moved to
Section 5.6 so they are less likely to be missed by ordinance users.
Provisions related to enforcement measures that are no longer authorized
by statues have been removed (Section 5.6: Signs; Article 11: Nonconforming
Situations; Article 12: Violations and Enforcement).
Measurement of sight triangles and sign type definitions are clarified
(Article 2: Measurements and Definitions).
Some references to Building Code requirements have been removed to
reduce potential conflicts (Section 5.6: Signs).
Planning Board - September 4, 2025
ITEM: 2 - 3 - 1
2025 Sign Standards Maintenance Amendment – Planning Board Public Hearing Draft
Red Italics = New Text Strikethrough = Language proposed for removal – Public Comment Draft
Blue Bold = New Public Hearing Draft Language
Double Strikethrough = Language proposed for removal since Public Comment Draft
1
ARTICLE 2: MEASUREMENT AND DEFINITIONS
Section 2.1 Measurements
Sight Triangle (or Sight Distance Triangle)
Sight distance triangles at all driveways
and roadway intersections shall be
measured in accordance with the
North Carolina Department of
Transportation (NCDOT) Subdivision
Manual standards as outlined below,
unless otherwise required by NCDOT.
The minimum sight triangle when a
new minor road, drive, or driveway intersections with an existing state-maintained road, shall be 70
feet along the existing roadway right-of-way and ten feet along the new roadway right-of-way.
Sign, Height
See Section 5.6: Signs.
As applied to a sign, height shall be measured as the vertical distance between the highest part of
the sign or its supporting structure, whichever is higher, and a level plane going through the nearest
point of the improved public right-of-way at the ground-level curb line.
Sign, Surface Area of
See Section 5.6: Signs.
The surface area of a sign, which is computed as including the entire area within a regular
geometric form or combinations of regular geometric forms comprising all of the display area of the
sign and including all of the elements of the matter displayed. Frames and structural members not
bearing advertising matter shall not be included in computation of surface area.
Section 2.3 Definitions and Terms
Animated Sign
See “Sign, Animated”
Awning
A cover constructed of fabric, plastic, or a similar lightweight material that is entirely supported by
the building to which it is attached, that has the purpose of shielding a doorway, window, porch,
terrace, or platform from the elements. This term does not include a marquee or a canopy.
Banner Sign
See “Sign, Banner”
Commented [RR1]: This is a new deflnition to clarify
provisions in the sign regulations, as well as the
landscaping regulations.
Commented [RR2R1]: This language has been updated
slightly to clarify how provisions apply to private roads.
Commented [RR3]: These provisions have been moved
to Section 5.6 Signs to improve clarity for code users.
Provisions have also been updated to incorporate
provisions for signs with multiple faces currently
included in Section 5.6.2.C.
Commented [RR4]: Existing cross references in this
section have been removed to improve clarity for code
users.
Commented [RR5]: This is a new deflnition to support a
new “Sign, Awning” deflnition.
Planning Board - September 4, 2025
ITEM: 2 - 4 - 1
2025 Sign Standards Maintenance Amendment – Planning Board Public Hearing Draft
Red Italics = New Text Strikethrough = Language proposed for removal – Public Comment Draft
Blue Bold = New Public Hearing Draft Language
Double Strikethrough = Language proposed for removal since Public Comment Draft
2
Cultural Arts Center
A type of indoor recreation use or facility dedicated to promoting and showcasing various art forms
and cultural expressions, serving as space for artistic and cultural activities, including exhibitions,
performances, workshops, and community engagement.
Directional Sign (On Premises)
See “Sign, Directional (on premises)”
Flag Sign
See “Sign, Flag”
Flashing Sign
See “Sign, Flashing”
Incidental Sign
See “Sign, Incidental”
Integral Sign
See “Sign, Integral”
Kinetic Sign
A sign that depicts motion either illusory or real.
Marquee
A permanent roof-life shelter constructed of durable material that is supported solely by the
building to which it is attached that projects from the building face. A marquee is generally located
at the main entrance to a building. This term does not include a canopy or awning.
Multi-Unit Sign
See “Sign, Multi-Unit”
Nonconforming Sign
Any sign or sign structure which was lawfully erected and maintained in accordance with all
standards and provisions in effect at the time which fails to comply with the standards of Section
5.6, Signs, and any amendments thereto, and which fails to conform to any other applicable
provisions of this Ordinance.
Off-Premises Advertising
Any sign either free standing or attached to a structure that directs attention to a business,
commodity, service, entertainment, or other activity conducted, sold, or offered elsewhere than on
the premises on which said sign is located.
Outdoor Advertising Sign
See “Sign, Outdoor Advertising”
Pennant Sign
Commented [RR6]: This deflnition is proposed as it is
referenced in a banner sign exception in Section 5.6.
Commented [RR7]: This deflnition has been moved
under “Sign, Kinetic.”
Commented [RR8]: This is a new deflnition to support
the new “Sign, Marquee” deflnition.
Commented [RR9]: These provisions are relocated
under “Sign, Off-Premises Advertising.”
Commented [RR10]: This cross-reference and its
associated provisions are deleted. This sign is now
referred to as “Off-Premises Advertising Sign” for greater
clarity.
Planning Board - September 4, 2025
ITEM: 2 - 4 - 2
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Red Italics = New Text Strikethrough = Language proposed for removal – Public Comment Draft
Blue Bold = New Public Hearing Draft Language
Double Strikethrough = Language proposed for removal since Public Comment Draft
3
See “Sign, Pennant”
Portable or Moveable Sign
See “Sign, Portable or Moveable”
Principal Sign
See “Sign, Principal”
Projecting Sign
See “Sign, Projecting”
Revolving Sign
See “Sign, Revolving”
Roof Sign (Integral)
See “Sign, Roof (integral)”
Sign
Any structure, part of a structure, or device attached to or painted or presented on any material or
thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model,
banner, emblem, insignia, trademark, or other representation. device designed to inform or attract
the attention of persons not on the premises on which the sign is located. A sign may include, but is
not limited to, sources of illumination, unmarked banners or fiags, murals, and other devices or
materials displayed to draw attention.
Sign, A-Frame
A portable sign designed to rest on the ground that consists of two
sign faces connected at the top to form an “A” shape sign with a
broad base and narrow top when viewed from the side. Also may
be referred to as a “Sandwich Board Sign.” This definition
includes all temporary portable signs designed to rest on the
ground and placed on sidewalks.
Sign, Awning
A sign that is painted on or attached to an awning. This does not
include an under-canopy sign.
Sign, Animated
Any sign which uses movement or change of lighting to depict
action or to create a special effect or scene (compare “fiashing sign”).
Sign, Banner
A suspended sign made of a fiexible material such as canvas, sailcloth, plastic, or waterproof
paper. This term does not include “feather fiag signs” as deflned in this ordinance.
Figure: Sign, A-Frame
Commented [RR11]: This deflnition has been updated
with language used by the City of Wilmington to provide
greater clarity. The current provisions indicating that the
ordinance only considers signs to be devices designed to
inform or attract those off-site have been incorporated
into the Exemptions of Section 5.6: Signs. This will clarify
that not all signs are subject to the standards of this
ordinance.
Commented [RR12]: This is a new deflnition to add
clarity to existing provisions.
Commented [RR13]: Some signs that are used along
sidewalks like A-Frame Signs are now designed to be fiat.
It is the intent that they would be regulated the same way
as A-Frame or Sandwich Board Signs.
Commented [RR14]: This is a new deflnition to add
clarity to existing provisions.
Commented [RR15]: As a formatting note, each Sign
deflnition is left aligned and not formatted as a sub-
deflnition under Sign like in the current Unifled
Development Ordinance.
Planning Board - September 4, 2025
ITEM: 2 - 4 - 3
2025 Sign Standards Maintenance Amendment – Planning Board Public Hearing Draft
Red Italics = New Text Strikethrough = Language proposed for removal – Public Comment Draft
Blue Bold = New Public Hearing Draft Language
Double Strikethrough = Language proposed for removal since Public Comment Draft
4
Sign, Changeable Copy
A sign designed so that the characters, letter or illustrations can be changed or rearranged manually
or electronically without altering the sign display surface. These signs can be classifled as
“electronic changeable copy signs” or “manual changeable copy signs.”
Sign, Directional (on-premises)
A sign or guide to direct pedestrian or vehicular traffic on the premises on which it is displayed.
Examples include “in,” “out,” “entrance,” and “exit.”
Sign, Electronic Changeable Copy
A sign that displays text or images that can be changed electronically using digital technology, such
as LEDs, LCDs, or other illumination devices.
Sign, Feather Flag
A type of portable fiag sign characterized by a narrow piece of (generally printed) fabric mounted on
a lightweight frame. This term includes “feather banners” and “swooper fiags.” It does not include
“banner fiags” as deflned in this ordinance.
Sign, Flag
Refers to devices generally made of fiexible materials such as cloth, paper or plastic, and displayed
on a fiagpole. This type of sign may be referred to as a “fiag.” This deflnition does not include
“feather fiags” or “banner fiags” as deflned in this ordinance.
Sign, Flashing
An illuminated sign of direct or indirect lighting on which the artiflcial light fiashes on and off in
regular or irregular sequences.
Sign, Floating
Any sign painted on or attached to any boat or structure which fioats or is designed to fioat, whether
such the boat or structure is self-propelled or not.
Sign, Freestanding
A self-supporting sign resting on or supported by means of poles, standards, or any other type of
base on the ground. This term includes “pole signs” and “monument signs” as deflned by this
ordinance.
Sign, Incidental
A single face or double face non-illuminated professional or announcement sign attached on or
next to an entrance into a building wholly to a building, window, or door containing information
relative to emergencies, store hours, credit cards honored, and other similar accessory
information.
Sign, Integral
Names of buildings, dates of erection, monumental citations, tablets, and the like when A sign
carved into stone, concrete or similar material or made of bronze, aluminum, or other permanent
type construction and made an integral part of the building.
Commented [RR16]: This is a new term and deflnition
to support provisions for digital signs.
Commented [RR17]: This term has been removed to
increase clarity. The deflnition already specifles these
signs are not off-premises, and the intent is to make it
clear that directional signs not visible to those off site are
not subject to the provisions in Section 5.6 per current
standards.
Commented [RR18]: This is a new term and deflnition
to support provisions for digital signs.
Commented [RR19]: This is a new term and deflnition
to clarify current provisions related to fiags and pennant
signs.
Commented [RR20]: A new provision to differentiate
this from a type of temporary banner.
Commented [RR21]: This is a new deflnition for a
previously undeflned sign type in the Unifled
Development Ordinance.
Commented [RR22]: This deflnition has been updated
to be content-neutral.
Commented [RR23]: This deflnition has been updated
to be content neutral.
Planning Board - September 4, 2025
ITEM: 2 - 4 - 4
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Red Italics = New Text Strikethrough = Language proposed for removal – Public Comment Draft
Blue Bold = New Public Hearing Draft Language
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5
Sign, Manual Changeable Copy
A sign where the message or content can be altered by physically changing the letters, numbers, or
other elements on the sign’s face.
Sign, Monument
A type of freestanding sign mounted on a solid base or monument, which does not have exposed
poles or pylons.
Sign, Multi-Unit
A freestanding sign which that contains three or more identiflcation
signs for multi-occupancy premises, such as a shopping center.
Sign, On-Premises Advertising
A sign visible for any local or State road or highway that advertises
activities conducted on the property which it is located or advertises
the sale or lease of property upon which it is located. On-premises
Advertising signs include all other deflned sign types except Off-
Premises Advertising Signs Outdoor Advertising Signs.
Sign, Off-Premises Advertising
Any sign either free standing or attached to a structure that directs
attention to a business, commodity, service, entertainment, or other
activity conducted, sold, or offered elsewhere than on the premises on which said sign is located.
Includes “off-premises outdoor advertising” as referenced in NCGS 160D-912.
Sign, Outdoor Advertising
Any sign either free standing or attached to a structure which directs attention to a business,
commodity, service, entertainment, or other activity, conducted, sold, or offered elsewhere than on
the premises on which said sign is located. [04-07-2025]
Sign, Pennant
A tapered or dovetailed banner or fiag.
Sign, Pole
A type of freestanding sign, also known as a “pylon sign,” that is elevated above the ground by one or
more poles or uprights.
Sign, Portable or Moveable
A sign that is not permanently attached to the ground, a structure, or a building, and that can easily
be moved from one location to another and used for a temporary purpose.
Sign, Principal
A sign which directs attention to a business, commodity, service, entertainment, or other activity,
conducted, sold, or offered exclusively on the premises upon which the sign is located.
Figure: Sign, Multi-Unit
Commented [RR24]: This is a new term and deflnition
to support provisions for digital signs.
Commented [RR25]: This a new deflnition for a term
currently used in the Unifled Development Ordinance.
Commented [RR26]: The state of North Carolina has
speciflc provisions for “off-premises outdoor
advertising,” which include outdoor advertising visible
from the main-traveled way of any road and outdoor
advertising signs that are protected under NCGS 136
Article 11: Outdoor Advertising Control Act.
Commented [RR27]: This term and deflnition have been
removed as it is covered by “Off-Premises Advertising
Sign.”
Commented [RR28]: This is a new deflnition for a term
currently used in the Unifled Development Ordinance.
Commented [RR29]: This term is proposed for removal
and updated language in Section 5.6: Signs clarifles
current provisions that use this language.
Planning Board - September 4, 2025
ITEM: 2 - 4 - 5
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Red Italics = New Text Strikethrough = Language proposed for removal – Public Comment Draft
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Double Strikethrough = Language proposed for removal since Public Comment Draft
6
Sign, Projecting
A sign end-mounted or otherwise attached to an exterior wall of
a building or structure, and which projects out from the wall.
Sign, Revolving
A sign which revolves 360 degrees.
Sign, Roof (Integral)
Any sign erected or constructed as an integral part of a normal
roof structure of any design, such that no part of the sign extends
vertically above the highest portion of the roof and such that no
part of the sign is separated from the rest of the roof by a space
of more than six inches. Chimneys or other similar features are
not an integral part of a normal roof structure. Any integral roof
sign shall be considered to be a wall sign and shall be subject to
the regulations pertaining to wall signage.
Sign, Special Purpose
A temporary sign to announce sales, new products, openings, or closeouts, and other special
events.
Sign, Temporary
Sign permitted for a period not exceeding 12 months, including for sale, for rent, construction
company’s name, subcontractor’s names, architect’s, and planner’s names. A sign that is not
intended for permanent installation and that can be easily removed, such as balloons/blimps,
banners, fiags, and portable signs.
Sign, Time and/or Temperature
A sign containing numerals which may be alternately displayed to show the time and/or
temperature. A time and/or temperature sign shall not be considered a fiashing or animated sign;
time and temperature signs shall not change or alternate messages more frequently than once
every three seconds.
Sign, Under-Canopy
A sign that is suspended beneath a canopy, ceiling, roof,
marquee, or similar structure.
Sign, Wall
A sign which is attached to a wall or façade facing of a
building. and which projects not more than eighteen
inches from the wall.
Sign, Wayfinding
Signage interior to a development or a site that guides the
circulation and navigation for vehicles and pedestrians within the site.
Figure: Sign, Projecting
Figure: Sign, Under-Canopy
Commented [RR30]: This deflnition has been removed
to ensure content-neutrality of regulations.
Commented [RR31]: The deflnition for this type of sign
is revised to ensure content-neutrality and to remove a
standard, which is more clear when it is outlined as a
sign standard instead of a deflnition.
Commented [RR32]: This is a new deflnition for a sign
type currently allowed in the Unifled Development
Ordinance.
Commented [RR33]: This provision is a standard, not an
integral component of the deflnition, and has been
moved to Section 5.6: Signs.
Commented [RR34]: This is a clarifled deflnition of
“Wayflnding Sign” currently listed in this section.
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7
Sign, Wind Device
Any sign, except for fiags, banners, balloons, pennants, streamers, or other sign speciflcally deflned
in this ordinance, that moves freely in the wind.
Sign, Window
A sign attached directly onto the inside or outside of the window of a building, or placed inside the
window so that it is visible from the outside.
Special Purpose Sign
See “Sign, Special Purpose”
Temporary Sign
See “Sign, Temporary”
Time and/or Temperature Sign
See “Sign, Time and/or Temperature”
Wall Sign
See “Sign, Wall”
Wayfinding Sign
A sign of which the message is exclusively limited to guiding the circulation of and providing
direction for motorists or pedestrians within the site.
Wind Device
Any fiag, banner, balloon, pennant, streamer, or similar device that moves freely in the wind. All
wind devices are considered to be signs and are regulated and classifled as attached or detached
by the same regulations as other signs.
Window Sign
See “Sign, Window”
ARTICLE 3: ZONING DISTRICTS
Section 3.3 Mixed Use Zoning Districts
3.3.5. RIVERFRONT MIXED USE (RFMU) PLANNED DEVELOPMENT DISTRICT
D. Other District Standards
11. Signs
a. Directional signs not exceeding 30 inches in height or 4 square feet in area which
direct on-premises vehicular or pedestrian traffic and bearing no other identiflcation
or advertising matter shall not be limited in number. An unlimited number of signs
Commented [RR35]: This deflnition revises the
deflnition of “wind device” to be consistent with other
provisions of this ordinance and is intended to refer to
wind infiated devices like air dancers.
Commented [RR36]: This deflnition has been revised
and moved under Sign, Wayflnding.
Commented [RR37]: The provisions for the RFMU
district are not organized the same way as the other sign
provisions in the ordinance, so they are listed here and
not in Section 5.6: Signs. A cross-reference will alert
users of the ordinance to the location of these provisions.
In the proposed amendment, these standards have been
amended for clarity and content-neutrality.
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not exceeding 30 inches in height or four square feet in sign area may be installed in
vehicular or pedestrian circulation areas.
b. A multi-family or nonresidential principal building may install signs on or hanging
beneath canopies or awnings or hanging beneath overhangs on porch roofs
provided:
1. There is no projecting sign on the principal building;
2. The combined total area of signs applied to canopies and awnings shall not
exceed 20 percent of the aggregate area of the face of the canopy or awning; and
3. Signs that are attached below a canopy, awning, overhang, or porch roof shall
not extend beyond the width of such canopy, awning, overhang or porch roof
and shall have a clearance of not less than 9 nine feet above the pedestrian
walkway and shall not exceed 3 three square feet in area.
c. A multi-family or nonresidential principal building may install on-premises window
signs provided:
1. The combined total area of the signs area of such signs shall not exceed an
aggregate area equal to 10 percent of the total ground fiood glassed window
area of the building;
2. Such signs, if located inside the window, may be neon signs; and
3. Such signs shall not be located above the second fioor.
d. A single-family residential premises may erect one on-premises and/or one special
purpose sign two signs subject to the following restrictions:
1. Such signs refer only to the name, home occupation, address, and/or special
purpose of the occupant therein.
2. Such sign shall Does not exceed 4 four square feet in area.
3. Such sign shall be Is setback a minimum of 5 flve feet from any property line.
4. Such sign shall not be located at a height above 6 feet. Has a maximum height
of six feet.
e. A multi-family or nonresidential principal building may display incidental signs that
are fiat mounted against the building, window, or door and do not exceed a total
area of 2 two square feet.
f. A revolving sign, speciflcally that of a striped barber pole, is allowed only in
conjunction with a barber shop.
g. External illumination, if used, shall not be blinking, fiuctuating, or moving. Light rays
shall shine only upon the property within the premises and shall not spill over the
property lines in any direction, except by indirect refiection.
h. Any premises on which construction activities of any type are being performed may
post one sign that does not exceed 35 square feet in area.
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i. On any parcel that is actively marketed for sale, one non-illuminated sign that does
not exceed six square feet in sign area is permitted.
j. Any premises or principal building may erect one real estate or construction sign
advertising speciflc property for sale, rent, lease, development, or construction,
locate don the premises, provided that sale, rent, or lease (real estate) signs do not
exceed 6 square feet in area and development or construction signs do not exceed
35 square feet in area.
k. Any premises may display one on-premises freestanding sign that does not exceed
35 square feet in area or 10 feet in height.
l. Any principal building may display attached signs subject to the following
restrictions:
1. Only one attached sign is permitted along per each frontage shall be permitted;
2. Such sign is An attached sign shall be mounted parallel to the building to which
it is attached and project no more than 18 inches from that building;
3. Such signs An attached sign shall not extend beyond the roofiine of the building
to which it is attached; and
4. The combined total area of such all attached signs shall not exceed 20 percent
of the total area of the wall to which the sign is attached, not to exceed 200
square feet in total area.
m. Attached signs may be displayed on the side or rear of a building adjacent to an off-
street parking area if the off-street parking area is 33 feet or more in width. Such
signs shall be subject to the same regulations as attached signs on the street side of
the building. However, the side or rear of the building adjacent to the off-street
parking area shall not be included when calculating the area allowable to attached
signs on the street side.
n. Any principal building may display one projecting sign subject to the following
restrictions:
1. There is no detached sign on the premises;
2. Such The sign may project horizontally a maximum of 6 six feet but shall be set
back at least 2 two feet from the back face of the curb or outer edge of the
pavement where there is no curb. Setback distances for projecting signs which
front on state roads must be approved by the North Carolina Department of
Transportation (NCDOT);
3. Such signs The sign shall have a minimum clearance of nine feet over any
pedestrian use area be erected at a height of not less than 9 feet above the
sidewalk or other pedestrian passageway;
4. Such The sign shall not exceed beyond the roof line of the building to which it is
attached; and
5. Such The sign shall not exceed 15 square feet in sign area.
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o. Any premises or principal building may place A-frame (sandwich board) signs on the
public sidewalk subject to the following restrictions:
1. Only one sandwich board sign is allowed per street frontage.
2. No sandwich board The sign shall not exceed 8 eight square feet per side in sign
area, with a maximum width of two feet and a maximum height of four feet. In
addition, the width of the sign may not exceed 2 linear feet, with a maximum
height of 4 feet. Within these specifled maximum dimensions, creative shapes
that refiect the theme of the business being advertised are encouraged (i.e., ice
cream shop may display a sign in the shape of an ice cream cone);
3. Sandwich board signs The sign shall be displayed only during operational hours
of the business being advertised, and shall not be lighted. These signs and must
be removed each day at the close of business. The hours of business operation
shall be indicated on the inside surface of the sign board.
4. Sandwich board signs The sign may be placed on the sidewalk directly in front of
the associated use, as follows:
i. Along streets with no parallel parking, sandwich board signs shall be placed
on the sidewalk within 4 four feet of the curb.
ii. Along streets with parallel parking, a 2 two-foot step-out zone shall be
provided, and sandwich board signs the sign shall be placed on the sidewalk
between two and four feet at least 2 feet from the curb but not more than 4
feet from the curb.
iii. The location of any sandwich board sign The sign shall be at least 20 feet
from any intersection and at least 5 flve feet from any crosswalk or flre
hydrant.
iv. No sandwich board sign may be placed where the unobstructed space for
the passageway of pedestrians is reduced to less than 4 four feet. Trees,
poles, signs, hydrants, trash receptacles, tree grates, etc. and similar items
are all considered obstructions.
5. The sign must shall be constructed of materials that present a flnished
appearance. Rough cut plywood is not acceptable. The sign lettering should be
professionally painted or applied; a “yard sale” or “graffiti” look with hand
painted or paint-stenciled letters is not acceptable; however, chalkboard signs
shall be permitted. The written message on the board should be kept to the
minimum necessary to communicate the name of a business or a special
message of the business.
6. Any person erecting a sandwich board an A-frame sign shall indemnify and hold
harmless New Hanover the County and its officers, agents, and employees from
any claim arising out of the presence of the sign on County property or public
rights-of-way. The person erecting an A-frame a sandwich board sign shall sign
an indemniflcation agreement, approved by the County Attorney, prior to the
issuance of a sign permit. The indemniflcation agreement shall be
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accompanied by evidence of insurance covering the liability assumed in this
subsection and the agreement.
7. Questions as to placement of sandwich board signs shall be determined by the
Planning Director.
p. Freestanding signs, pole signs, and outdoor advertising signs are prohibited. shall
not be permitted.
q. Project entrance signs shall be integrated into site entry, structural, and landscape
features and meeting the following standards:
1. The sign area shall not exceed 75 square feet and its vertical dimension shall not
exceed 4 four feet.
2. The maximum height of any entry structure shall not exceed 6 six feet.
3. The sign and any structures shall be located so as to not obstruct the view of
persons entering or leaving the development.
4. The main and secondary entrances shall be designated on the site plan.
5. Two monument signs are allowed at the main entrance way, one on each side of
the road or driveway with a combined total area not to exceed 150 square feet
and with a maximum vertical dimension of 4 four feet.
6. Secondary entranceways shall be restricted to one monument sign not to
exceed 18 square feet in area and with a vertical dimension of 4 four feet.
However, if secondary entranceway signs are incorporated within an entry wall
or other entry feature, 2 two signs are allowed, one on each side of the access
road, not to exceed a combined total surface area of 27 square feet and a
vertical dimension of 4 four feet.
7. The main entranceway sign text is limited to the development name and the
name of one tenant. Sign area devoted to a tenant name is limited to 25 percent
of any sign area.
8. Secondary entranceway text is limited to the development name only.
r. Internal illumination is prohibited except for kinetic signs, which may be allowed on
buildings housing amphitheaters; cultural arts centers, including theaters; meeting
and event centers; museums; and move theaters (except drive-ins); provided that:
1. The kinetic sign shall be displayed on only one wall of the building;
2. The wall on which the kinetic sign is displayed shall not front any thoroughfare or
arterial road;
3. The kinetic sign shall not strobe or fiash or utilize graphics, letters, or text;
4. The area of the kinetic sign shall not exceed 1,200 square feet or 10 percent of
the area of the building façade on which it is installed, whichever is less;
Commented [RR38]: These provisions are removed as
they are not content-neutral.
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5. Between the hours of 11:00 PM and 7:00 AM, the kinetic sign color shall be
stationary and restricted to one color; and
6. The kinetic sign shall be approved by the Riverfront Mixed Use development
property owners’ association and shall be consistent with the architectural
guidelines of the development.
3.4.6. OFFICE AND INSTITUTIONAL (O&I) DISTRICT
E. Other District Standards
1. Signs. Signs of a directional nature shall be permitted; however, each such sign shall not
exceed 2 square feet in surface area (one side) with no lighting and shall be limited to 7 feet
in height.
3.4.7. SPECIAL HIGHWAY OVERLAY (SHOD) DISTRICT
D. SHOD District Standards
6. Signs:
Signs shall comply with Section 5.6, Signs, except that only one freestanding ground sign
that does not exceed 6 six feet in height and a maximum surface area of 150 square feet is
allowed within the 100-foot setback. No outdoor advertising signs are permitted.
Commented [RR39]: These provisions are incorporated
in Section 5.6: Signs.
Commented [RR40]: For clarity, these provisions will
remain in Section 3.4.7 but will be cross-referenced in
Section 5.6: Signs.
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ARTICLE 4: USES AND USE-SPECIFIC STANDARDS
Section 4.2 Allocation of Principal Uses
Table 4.2.4.1: 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 District
Us
e
St
a
n
d
a
r
d
s
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
Commercial Uses
Commercial Services
Off-Premises Advertising Sign P* P* P* 4.3.4
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4.3.2 RESIDENTIAL USES
A. Household Living
12. Mobile Home Park
e. Signage
Permanent identiflcation 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.
4.3.3. CIVIC & INSTITUTIONAL USES
A. Child & Adult Care
2. Family Child Care Home
Family Child Care Homes in Residential Districts shall comply with the following
standards:
c. No outside sign in excess of two square feet shall be permitted, except when such
facility is located on an existing roadway identifled as a collector or arterial facility
on the most recent officially adopted Wilmington MPO Functional Classiflcation
Map, in which case the maximum sign shall be 12 square feet. [05-03-2021]
B. Civic
1. Animal Shelter
Animal Shelters in R-15, R-20S, and R-20 Districts shall comply with the following
standards:
e. No outside sign in excess of 2.25 square feet in area shall be permitted.
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:
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.
Commented [RR41]: For content neutrality purposes,
use speciflc sign regulations are proposed to be
removed. This use would now be subject to the same
rules as other signage for residential developments in
residential districts which are allowed 35 square feet in
sign area and are proposed to include similar restrictions
on illumination.
Commented [RR42]: For content neutrality purposes,
use speciflc sign regulations are proposed to be
removed. These provisions are now refiected in language
in Section 5.6 addressing wall signs in residential zoning
districts. Family child care homes are allowed in other
zoning districts, so the provisions of those districts would
apply due to this reorganization. However, they are only
allowed with special use permits so additional
limitations could be considered during that review
process.
Commented [RR43]: For content neutrality purposes,
use speciflc sign regulations are proposed to be
removed. These provisions are now refiected in language
in Section 5.6 addressing wall signs in residential zoning
districts. Freestanding signs would be allowed under the
new reorganization, but as this use is only allowed with a
special use permit, additional sign limitations could be
considered as part of that review process.
Commented [RR44]: These provisions are removed,
and staff proposes requiring Religious Assemblies in
these districts have the same allowances and provisions
provided for Religious Assemblies and other
nonresidential uses in other residential districts.
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C. Communication and Information Facilities
1. General Requirements for All Communication and Information Facilities
The following information shall apply to all communications and information facilities:
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. Identifying tThe antenna support structure (such as ASR registration number);
ii. Identifying tThe party responsible for the operation and maintenance of the
facility and their current address and telephone number;
iii. Its current address and telephone number;
iv. Security or safety signs;
v. Identiflcation of the pProperty 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; and
vii. Other signs required by state and or federal standards.
4.3.4 COMMERCIAL USES
A. Amusement & Entertainment Uses
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:
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.
5. Outdoor Recreation Establishments
[11-16-2020]
Outdoor recreation establishments in residential districts and the O&I District shall
comply with the following standards:
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.
Commented [RR45]: This provision is not content-
neutral and is covered by the following provisions.
Commented [RR46]: For content neutrality purposes,
use speciflc sign regulations are proposed to be
removed. These provisions are now refiected in language
in Section 5.6 for freestanding signs in residential and
O&I districts. Residential districts allow 35 square feet in
sign area, and signage in O&I is more limited except when
the property is located along a 4-lane highway.
Commented [RR47]: For content neutrality purposes,
use speciflc sign regulations are proposed to be
removed. These provisions are now refiected in language
in Section 5.6 for freestanding signs in residential and
O&I districts. Residential districts allow 35 square feet in
sign area, and signage in O&I is more limited except when
the property is located along a 4-lane highway.
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B. Animal Services
3. Kennel
[11-16-2020]
Kennels in the R-15, R-20S, and R-20 districts shall comply with the following standards:
e. No outside sign in excess of 2.25 square feet in area shall be permitted.
C. Commercial Services
1. Off-Premises Advertising Sign
See Section 5.6: Signs.
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:
b. The only signage allowed shall be one attached wall sign no greater than four square
feet.
2. Campground/Recreational Vehicle (RV) Park
n. Park identiflcation 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-fiashing 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.
4.4.4 STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES
F. Home Occupations
Home occupations shall comply with the following standards:
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 the one sign not
exceeding 2.25 square feet in area, non-illuminated, and mounted fiat against the wall
of the principal building allowed in Section 5.6.
Commented [RR48]: For content neutrality purposes,
use speciflc sign regulations are proposed to be
removed. These provisions are now refiected in language
in Section 5.6 addressing wall signs in residential zoning
districts. Freestanding signs would be allowed under the
new reorganization, but as this use is only allowed with a
special use permit, additional sign limitations could be
considered as part of that review process.
Commented [RR49]: For content neutrality purposes,
use speciflc sign regulations are proposed to be
removed. These provisions are now refiected in language
in Section 5.6 addressing wall signs in residential zoning
districts. Those provisions would only allow smaller wall
signs than currently allowed. Freestanding signs would
be allowed, but as these uses require special use permits
in these districts, additional limitations around signage
could be considered as part of that review process.
Commented [RR50]: For content neutrality purposes,
use speciflc sign regulations are proposed to be
removed. These provisions are now refiected in language
in Section 5.6 that would allow similar sized signs as
current standards for residential districts. Freestanding
signs in nonresidential district could be larger than
currently allowed.
Commented [RR51]: It is helpful for code users to
include all standards for Home Occupations in one place
in the ordinance. This language has only been modifled
to reference that these sign requirements are not use-
speciflc and are outlined in Section 5.6.
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4.5.4 STANDARDS FOR SPECIFIED TEMPORARY USES
D. Farmers’ Market
Farmers’ markets shall comply with the following standards:
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.
ARTICLE 5: GENERAL DEVELOPMENT STANDARDS
Section 5.1 Parking and Loading
5.1.3 ALTERNATIVE PARKING PLANS
B. Shared Off-Site Parking
3. Signage
Signage complying with the standards of Section 5.6, Signs, shall be installed to identify
the location of shared parking spaces provided to the public to the shared parking
spaces.
Section 5.6. Signs
5.6.1. PURPOSE
The purpose of this section is to coordinate the type, placement, and physical dimensions of signs
within the different zoning districts; to recognize the commercial communication requirements of
all sectors of the business community; to promote both renovation and property maintenance of
signs; and to guarantee equal treatment under the law through accurate record keeping and
consistent enforcement. The general objectives of these standards are to promote the health,
safety, welfare, convenience and enjoyment of the public, and in part, to achieve the following:
A. Safety – To promote the safety of persons and property by providing that signs:
1. Do not create a hazard due to collapse, flre, decay, collision, or abandonment;
Commented [RR52]: For content neutrality purposes,
use speciflc sign regulations are proposed to be
removed. Farmers’ Markets would be subject to the
same temporary sign standards as any other uses.
Commented [RR53]: While these provisions are
regarding signage that is required, language was
amended for clarity.
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2. Do not obstruct flre-flghting or police surveillance; and
3. Do not create traffic hazards by confusing or distracting motorists, or by impairing the
driver’s ability to see pedestrians, obstacles, or other vehicles, or to read traffic signs.
B. Communications Efficiency – To promote the efficient transfer of information in sign messages
by providing that:
1. Those signs which provide messages and information most needed and sought by the
public are given priorities;
2. Businesses and services may identify themselves;
3. Customers and other persons may effectively locate a business or service;
4. No person or group is arbitrarily denied the use of the sign lines from the public right-of-way
for communication purposes; and
5. Persons exposed to signs are not overwhelmed by the number of size of messages
presented and are able to exercise freedom of choice to observe or ignore sign messages,
according to the observer’s purpose.
C. Landscape Quality and Preservation – To protect the public welfare and to enhance the
appearance and economic value of the landscape by providing that signs:
1. Do not interfere with scenic views;
2. Do not create a nuisance to persons using the public rights-of-way;
3. Do not constitute a nuisance to occupancy of adjacent and contiguous property by their
brightness, size, height or movement;
4. Are not detrimental to land or property values; and
5. Contribute to the special character of particular areas of the community, helping to orient
the observer within it.
D. Outdoor Advertising Signs
1. Outdoor advertising signs are herein regulated for the purposes of regulating excess
signage, encourage the positive economic development of the County, preserving and
improving tourism views, promoting the safety of the traveling public, protecting existing
property values in both residential and nonresidential areas, preventing the overcrowding of
land, and protecting the aesthetics of the County.
2. The regulations are designed to prevent their over-concentration, improper placement, and
excessive height, bulk, number and area. It is recognized that, unlike on-premise
identiflcation signs, which are in actuality a part of a business, outdoor advertising is a
separate and distinct use of the public thoroughfare. With a view to this distinction, outdoor
advertising signs are regulated differently from on-premises signs. Commented [RR54]: Purpose statements were
removed from other development standards sections
when the UDO was created to avoid confusion regarding
whether provisions are regulatory. These purpose
statements are proposed for removal for consistency,
and policy documents and staff reports would serve as
the official record of the purpose and intent of provisions.
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5.6.1 APPLICABILITY
A. General
Except as provided in subsection B below, the standards in this section apply to all signs
constructed, erected, altered, or maintained within unincorporated New Hanover County.
Additional regulations apply to signs in certain zoning districts (see, e.g., Section 3.3.5. Riverfront
Mixed Use (RFMU) Planned Development District) or uses (see Section 5.6.4.C. Use-Speciflc Sign
Standards).
B. Exemptions
The standards in this section do not apply to the following:
1. Gravestones marking an authorized or historical burial or memorial site;
2. Traffic control signs and devices and similar signs erected by a government agency for
public safety purposes;
3. Signs required by federal, state, or other agencies;
4. Political signs placed in state road rights-of-way in accordance with NCGS 136-32(b).
5. Lighting or displays of a seasonal, religious, or traditional nature (e.g., Christmas or
Chanukah lights or decorations, Thanksgiving decorations, Halloween lights or
decorations, etc.);
6. Portable signage that is non-illuminated and less than 12 square feet in sign area
placed on a private residential property;
7. Signs facing the inside of athletic flelds; and
8. Any sign that is not visible from any point outside the property on which it is located,
including wayflnding signs.
C. Severability
If any subsection, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section
or any adopting ordinance is declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, the declaration of such unconstitutionality shall not affect any other
subsections, paragraph, subparagraph, sentence, phrase, clause, term, or word of this section.
D. Substitution of Non-Commercial Message
Notwithstanding anything contained in this section to the contrary, any sign erected in accordance
with the provisions of this section may, at the option of the owner, contain a non-commercial sign
message in-lieu of a commercial sign message. The non-commercial copy may be substituted at
any time in place of the commercial copy provided that the sign complies with all other standards in
this section.
5.6.2 GENERAL PROVISIONS
A. Permission of Owner Required
No sign shall be posted on private property except by the owner of the property or someone acting
on behalf of or with permission of the owner.
Commented [RR55]: This is new language referencing
2011 state legislation.
Commented [RR56]: This carries forward the
exemptions in Section 5.6.2.E of the current UDO with
revisions for clarity and content neutrality. It adds a provision related to signs required by federal, state, or
other agencies to cover public signs, notices, and bona
flde navigational aids as outlined under Section 5.6.2.I. in
the current UDO.
Commented [RR57R56]: New language has been
suggested to exempt small portable signs on residential
property. Portable signs would not otherwise be allowed
in residential districts, though residents commonly place
political, yard service, and other signage in their yards, which is beyond the scope of the signage intended to be
regulated by this ordinance.
Commented [RR58]: New language that substitutes for
several mentions of this rule throughout the sign
regulations in the current UDO.
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B. Permit Requirements
1. General
Except as provided in Subsection 2 below or elsewhere in this Ordinance, a sign permit
shall be obtained before commencing the construction, alteration, erection, addition to,
or movement of any sign or off-premises advertising sign or part of a sign.
2. Exemptions
A sign permit is not required before the posting or installation of one of the following
signs. However, all signs shall comply with all other requirements of this section.
a. One sign along each street frontage of a construction project, not to exceed 20
square feet in sign area in residential zoning districts or 35 square feet in sign area in
all other zoning districts. Such signs may be erected no more than ten days prior to
the beginning of site work or construction and shall be removed within 30 days
following issuance of a certiflcate of occupancy.
b. On each lot, up to four freestanding signs, each with a maximum of three square feet
in sign area and 30 inches in height.
c. Non-illuminated political signs less than 12 square feet in sign area. Such signs may
be placed on private property with the permission of the property owner beginning
no more than 30 days before the beginning of early voting for an election and ending
30 days after the election.
d. For each roadway frontage on a parcel of land that is actively marketed for sale or
rent one non-illuminated sign is allowed. The sign shall not exceed 20 feet in sign
area and must be removed within 30 days following the rental or sale of the parcel.
e. Incidental signs not to exceed six square feet in aggregate sign area per occupancy.
f. Signs affixed to residential structures not exceeding four square feet in area.
g. Flags, subject to the standards of Section 5.6.4.D.
h. Freestanding, non-illuminated signs on private property within 2,500 feet of a
property or residential subdivision on which real estate is being offered for sale, in
accordance with the following:
1. Each sign shall have a maximum of four square feet in sign area and three feet in
height.
2. Signs shall only be placed at intersections with no more than one sign located at
each intersection
3. No sign shall block any sight distances at any intersection.
4. No sign shall be placed within a public or private road right-of-way or be placed
on trees, utility posts, traffic control signs, or other signs.
5. No sign shall have lighting, moveable elements, or fiags.
Commented [RR59]: This section incorporates
provisions currently included in Section 5.6.2.I. Signs
Which Do Not Require a Permit. Some signs that
currently do not require a permit have been omitted from
this list due to the risk of noncompliance with required
standards. The permitting process is how it is determined that the sign meets all required standards.
Commented [RR60]: This is a version of the provisions
included in Section 5.6.2.I.2 modifled for clarity and
content-neutrality.
Commented [RR61]: This is a content-neutral form of
the provisions in the current 5.6.2.A.2.b.
Commented [RR62]: This is a version of the provisions included in Section 5.6.2.I.4 modifled for clarity.
Commented [RR63]: This provision has been suggested
for removal as it would require staff to review the content
of the sign in order to determine compliance and is now
covered by new suggested language that would exempt
small, nonilluminated portable signs on residential
properties.
Commented [RR64]: This is a version of the provisions
included in Section 5.6.2.I.6 modifled for clarity.
Commented [RR65]: This is a version of the provisions
included in Section 5.6.2.I.8 modifled for content-neutrality.
Commented [RR66]: This is a version of Section
5.6.2.I.10 modifled for clarity.
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6. If the property or residential subdivision is offering multiple lots or units for sale
and has a temporary sales office or model unit on site, each sign may remain in
place continuously while the temporary sales office or model unit is on site.
7. If the property is offering a single unit for sale or there is no model unit or
temporary sales office on the site of a residential subdivision, each sign may
remain in place from 4 PM on Friday to 8 AM on the following Monday, except
that on the following specifled holidays, signs may be posted after 4 PM the day
prior to the actual holiday and shall be removed by 8 AM the following the
holiday: New Year’s Day, Martin Luther King, Jr. Day, Good Friday (Friday before
Easter), Azalea Festival (Friday), Memorial Day, Independence Day, Labor Day,
Veteran’s Day, Thanksgiving Day (Thursday and Friday), and Christmas Day.
i. Any other temporary portable sign(s) placed on private property with a
maximum sign area of 12 square feet and maximum height of 3 feet that is
displayed for fewer than two calendar weeks.
C. Rules of Measurement
1. Sign Height
The vertical distance between the highest part of the sign or its supporting structure,
whichever is higher, and the average undisturbed grade adjacent to the sign. Where the
elevation of a sign location is more than flve feet below the surface of a roadway, the
maximum sign height shall be measured from the elevation of the roadway closest to
the sign.
2. Sign Area
a. The surface area of a sign, which is computed as including the entire area within a
regular geometric form or combinations of regular geometric forms comprising all of
the display area of the sign and including all of the elements of the matter displayed.
In computing the sign area in square feet, standard mathematical formulas for
known or common shapes shall be used. In the case of irregular shapes, straight
lines drawn closest to the extremities of the shape shall be used. See Figure
5.6.2.C.2: Measurement of Sign Area.
Commented [RR67]: This is a version of the provisions
included in Section 5.6.2.A.2.k modifled for clarity and
content-neutrality. Because of the content-neutral
language, there may be additional limitations on the
number of allowable signs.
Commented [RR68R67]: With the provision of new language that exempts temporary signs of a smaller size
and shorter duration from permit requirements, this
provision is no longer necessary.
Commented [RR69]: This permit exemption has been
added to reduce the regulatory and administrative
burden of requiring a sign permit for common temporary
signs. The purpose for our permit process is to ensure
that signage is compliant before signiflcant funds are
invested in purchasing signage, not to discourage the
placement of signs. In this case, the level of risk is lower
for the property owner than if they were installing larger or
permanent signs, and because the signage is still subject
to ordinance standards, staff would still be able to initiate
a compliance process if signs were in violation of County
provisions.
Commented [RR70]: This carries forward Section
5.6.2.C of the current UDO and incorporates the rules for
measuring signs from Section 2.3 with revisions for
clarity and content-neutrality (removal of references to
“advertising matter”). The deflnition for sign height has
also been updated to allow for more consistent
application of standards (measured from average
undisturbed grade adjacent to the sign rather than
roadway elevation, except when a 5+ ft. elevation
difference exists). That language is modeled on the sign
height measurement used by the City of Wilmington.
Commented [RR71]: A graphic showing this
measurement is currently being flnalized.
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Figure 5.6.2.C.2: Measurement of Sign Area
b. Frames and structural members not bearing communicative matter shall not be
included in computation of surface area.
c. If a sign has two or more faces, the area of all faces shall be included in determining
the area of the sign, except if two faces are placed back-to-back and are at no point
more than two feet from one another, the total sign area shall be calculated as the
larger of the two faces or the area of one face, if both faces have the same sign area.
AD. Compliance with Building and Electrical Codes
All signs shall be constructed in accordance with the requirements of the local and state North
Carolina State Building Code and the National Electrical Code.
1. Anchoring
a. Signs shall be suspended by nonrigid attachments that will allow the sign to swing in
a wind.
b. All freestanding signs and outdoor advertising signs shall have self-supporting
structures erected on or permanently attached to concrete foundations.
c. All portable signs on display shall be braced or secured to prevent motion.
2. Wind Loads
Solid signs, and skeleton signs other than wall signs, shall be designed to withstand a
wind load according to the North Carolina State Building Code.
3. Additional Construction Specifications
a. No signs shall be erected, constructed, or maintained so as to obstruct any
required exit, flre escape, window or door opening used as a means of egress.
b. No sign shall be attached in any form, manner, or shape which will interfere with
any opening required for ventilation, except that signs may be erected in front of
and may cover transom windows when not in violation of the provisions of Fire
Prevention Codes.
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c. Signs shall be located in such a way as to maintain horizontal and vertical
clearance of all overhead electrical conductors in accordance with the National
Electrical Code speciflcations.
4. Maintenance and Removal
Should any sign become in danger of falling or is deemed otherwise unsafe in the
opinion of the Building Safety Director, the owner, or the person or flrm maintaining the
same, shall upon written notice from the Building Safety Director, forthwith in the case
of immediate danger and in any case within 10 days, secure the sign in a manner to be
approved by the Building Safety Director in conformity with the provisions of the state
building code, or remove the sign. If the sign is not removed, the Building Safety
Director or his designated agent may initiate legal procedures to obtain the necessary
court orders to remove such sign at the expense of the owner or lessee.
B. Abandoned Signs
Any on-premises sign related to any business or other use shall be removed by the owner of the
sign or property owner within 60 days after such business or activity has been vacated or
terminated. If the sign has not been removed after the removal time has expired and after
proper written notiflcation is given, the Planning director may initiate legal procedures to
remove the sign(s) at the expense of the owner or lessee.
C. Sign Measurements
1. General – For the purpose of this section, the area, in square feet, of any sign shall be
computed by the smallest square, triangle, rectangle, circle, or combination thereof,
which will encompass the entire sign. In computing the sign area in square feet,
standard mathematical formulas for known or common shapes will be used. In the
case of the irregular shapes, straight lines drawn closest to the extremities of the shape
will be used.
2. Multiple Faces – Where a sign has two or more faces, the area of all faces shall be
included in determining the area of the sign, except where two such faces are placed
back-to-back and are at no point more than two feet from one another. The area of the
sign shall be taken as the area of the larger face if the two faces are of unequal area; if
the areas of the two faces are equal, then the area of one of the faces shall be taken as
the area of the sign.
E. Minimum Clearance
All freestanding, awning, marquee, and under-canopy signs shall have a minimum clearance of nine
feet over any pedestrian use areas.
DF. Lighting Illumination
Unless otherwise specifled in this section, all signs may be illuminated but may not include.
However, no sign regulated by this Ordinance may utilize:
1. An exposed incandescent lamp or other light source with an external refiector without
that does not have a sunscreen or comparable diffusion element.
Commented [RR72]: These provisions are elements
regulated by the NC Building Code. Repeating them in
the UDO does not impact whether current standards are
required but can cause confusion or administrative
difficulties if the building code changes or there are
questions regarding enforcement mechanisms.
Commented [RR73]: These provisions are incorporated
into the new Section 5.6.2.H.
Commented [RR74]: These provisions are incorporated
into the new Section 5.6.2.C above.
Commented [RR75]: This carries forward the minimum
clearance requirements in Section 5.6.2.J.4.e of the
current UDO without changes.
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2. An exposed incandescent lamp or other light source unless a screen is attached; or
3. A revolving beacon light.
G. Changeable Copy
1. Manual Changeable Copy
Manual changeable copy is permitted on any freestanding sign.
2. Electronic Changeable Copy (Digital)
Where permitted, electronic changeable copy signs shall meet the following standards:
a. Changeable copy displays shall remain static for a minimum of eight seconds prior
to each change.
b. Each change of display shall be accomplished within two seconds.
c. Transitions between displays shall be instantaneous and shall not incorporate
animation, fiashing, scrolling, simulated movement, or special effects.
d. The luminance of any changeable copy sign shall not exceed 5,000 750 nits during
daylight hours and 150 nits during non-daylight hours. Signs using LED, CCD,
plasma, or functionally equivalent technologies shall include automatic dimming
technology certifled by the manufacturer or a qualifled professional, and luminance
settings shall be factory preset and protected from end-user manipulation through
password protection or another method approved by the Director.
e. All changeable copy signs shall be designed to maintain a static display or
discontinue display entirely in the event of malfunction.
f. The display shall not be conflgured to resemble or simulate any warning, danger
signal, or official traffic control sign or device.
g. The content of each display shall be complete in itself and not continued on
subsequent displays or other signs.
h. Off-Premises Advertising Signs using electronic cChangeable copy signs utilizing
digital display technology shall be located a minimum of 1,000 feet from any other
changeable copy sign utilizing digital display technology, as measured along the
same side of the roadway or across the street frontage.
H. Audio Components
Audio components of signs shall be limited to those necessary for compliance with the Americans
with Disabilities Act or other state or federal requirements.
E. Exemptions
This section shall not related to building design, nor shall this section regulate official traffic
signs, gravestones, lighting, or displays of a seasonal, religions, or traditional nature (e.g.,
Christmas or Chanuka lights or decorations, Thanksgiving decorations, Halloween lights or
decorations, etc.) which are not commercially-oriented, scoreboards on athletic flelds, or any
Commented [RR76]: These are new proposed
provisions based on prior consultant recommendations
and City of Wilmington provisions.
Commented [RR77]: The original provision of 5,000 nits
was intended to be more restrictive than the City of
Wilmington’s requirements and in line with the standards
of other communities. During the public comment
period, staff determined that the City’s luminance limit
for all digital signs except billboards was 750 nits, so this
provision has been adjusted to be in line with City
standards.
Commented [RR78]: This provision was included to
mirror City of Wilmington requirements, but after
additional staff review, it was determined this standard
only applies to off-premises advertising signs in the City.
The language has been updated to mirror the City’s
provisions.
Commented [RR79]: This provision is intended to
support new technology that can assist those with visual
impairments or improve safety but could impact the use
and enjoyment of adjacent properties if not restricted.
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display or construction not deflned as a sign. The regulations of this section shall not apply to
any sign that is not visible from the perimeter of the subject property.
F. Permits Required
Unless otherwise speciflcally provided, a sign permit shall be obtained in accordance with
Section 10.3.8, Zoning Compliance Approval, before commencing the construction, alteration,
erection, addition to, or moving of any sign or outdoor advertising sign or part thereof.
G. Indemnifications and Insurance
1. All persons involved in the maintenance, installation, alteration, or relocation of signs
near or upon any public right-of-way or property shall agree to hold harmless and
indemnify the County, its officers, agents, and employees, against any and all claims of
negligence resulting from such work insofar as this section has not speciflcally directed
the placement of a sign.
2. No person may engage in the business of erecting, altering, relocating, constructing, or
maintaining signs without a valid contractor’s license and all required licenses on the
state and federal level.
3. All persons involved in the installation, maintenance, relocation, or alteration of signs
shall maintain all required insurance and shall flle with the state a satisfactory
certiflcate of insurance to indemnify the city, state, or County against any form of
liability to a minimum of $100,000.
H. Removal of Unsafe or Abandoned Signs
1. Maintenance and Removal
Should any sign become in danger of falling or is deemed otherwise unsafe as
determined by the New Hanover County Building Safety Director, the Building Safety
Director shall provide notice to the owner of the sign or person or flrm maintaining it
requiring the removal or securing of the sign. Removal or securing of the sign shall be
done within 10 days and in the case of immediate danger, may be required to be
remedied immediately. The method of securing the sign shall be determined by the
Building Safety Director in conformity with the provisions of the state building code. If
the sign is not removed, the Building Safety Director or his designated agent may initiate
legal procedures to obtain the necessary court orders to remove such sign at the
expense of the owner or lessee.
2. Abandoned Signs
Any on-premises sign relating to any business or other use shall be removed by the
owner of the property on which the sign is located or the owner of the sign within 60 days
after the business or activity is vacated or terminated. If the sign is not removed by the
removal time, after property written notiflcation is given, the Planning Director may
initiate legal procedures to remove the sign in compliance with the provisions of NCGS
160D-912.1.
Commented [RR80]: These provisions are now
incorporated into Section 5.6.1.B above.
Commented [RR81]: These provisions are now
incorporated into Section 5.6.2.B above.
Commented [RR82]: These provisions are part of the
building permit component of a sign project so are
proposed to be removed from UDO standards.
Commented [RR83]: This is a clariflcation of the
provisions currently located in Section 5.6.2.A.4.
Commented [RR84]: This is a clariflcation and legal
update of the provisions currently located in Section
5.6.2.B.
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HI. Prohibited Signs
Except as speciflcally provided in this Ordinance, In all zoning districts the erection, construction,
location or the use of any sign the following signs is prohibited as follows. Such Prohibited signs, if
deemed to create a public safety hazard by the Building Safety Director, may be removed
immediately as outlined in the Maintenance and Removal provisions in Section 5.6.3.H.; otherwise,
prohibited signs shall be removed as provided under Section 5.6.4.K. See Table 5.6.2.H: Permitted
and Prohibited Signs, by Zoning Districts.
1. Signs within or that protrude into a public right-of-way, street, or passageway without
permission of the appropriate government agency Signs in Public Right-of-Way. No sign
shall be permitted on or protrude into a public right-of-way, street, or passageway,
except as provided speciflcally for in this section.
2. Signs Attached to Public Property or Utility Structures. Except for signs installed by or
with the approval of an appropriate governmental agency, no sign shall be attached to,
hung, or painted on any curb stone, hydrant, lamppost, street trees, barricade,
temporary walk, telephone or other utility pole, telegraph pole, electric light pole, or
other utility pole, public fence, or on a flxture of a flre alarm or police call system within
any public right-of-way, except for signs installed by or with the approval of the
appropriate government agency.
3. Freestanding signs located within No detached sign shall be located closer than 10 feet
in any direction from any power or transmission line, not including the support structure
(e.g., a power pole). (NOTE: This does not include the supporting structure, e.g., the
power pole.)
4. Signs whose Signs Constituting Traffic Hazards. No sign shall be permitted whereby its
location, nature, or type constitutes or tends to constitute a hazard to the safe and
efficient operation of vehicles upon any public right-of-way, street, or passageway,
including signs No sign shall be permitted that would obstruct the line of sight of
motorists or pedestrians at intersections, driveways, or along any public right-of-way,
street, or passageway.
5. Signs prohibited by NCGS 136-32.2., including signs No sign shall be permitted, as
specifled in Section 136-32.2, N.C.G.S., that would obstruct or resemble traffic signs or
signals, or would tend to be confused with a fiashing light of an emergency vehicle.
6. Signs placed on or above the roof of a structure. This does not include “Roof Signs” as
deflned in this ordinance.
7. Animated or fiashing signs, using moving images, changing colors, or revolving or
rotating beams of light. This does not include electronic changeable copy signs
permitted under this section.
8. Signs which revolve 360 degrees. Commented [RR85]: These provisions incorporate sign
types currently prohibited in all zoning districts.
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Table 5.6.2.H: Permitted and Prohibited Signs, by Zoning District
X= Prohibited P=Permitted
Sign Type Residential
District
O&I
District
B-1, CB,
UMXZ,
and
PD
Districts
B-2 and
SC Districts
CS, I-1
and
AI
Districts
I-2
District
Above Roof X X X X X X
Animated X X X X X X
Attached (Wall) X P P P P P
Awning X P P P X X
Banner X P P P P P
Balloons/Blimps X P P P P P
Construction P P P P P P
Directional P P P P P P
Flag P P P P P P
Flashing X X X X X X
Freestanding P P P P P P
Incidental X P P P P P
Integral P P P P P P
Pennant X X X X X X
Political P P P P P P
Portable X X P P P P
Projecting X X X X X X
Real Estate P P P P P P
Revolving X X X X X X
Sandwich Board X X X X X X
Spec. Purpose X X X X X X
Wind Device X X X X X X
Window X P P P P P
9. Signs which Signs Constituting Fire Hazards. No sign shall be permitted to prevent free
ingress and egress from any door, window, or flre escape.
Commented [RR86]: The provisions in this table are
now incorporated into Table 5.6.3.A: Permitted
Permanent Attached Signs, by Zoning District; Table 5.6.4.A: Permitted Temporary Signs, by Zoning District; or
as a bullet in Section 5.6.2.I
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10. Signs that contain statements, words, or pictures that are obscene, as deflned by NCGS
14-190.1. Signs Pertaining to Specifled Activities or Containing “Vulgar” Words. No sign
shall contain statements, words, or pictures which describe or display “specifled
anatomical areas” or “specifled sexual activities,” as deflned in this Ordinance or which
contain words which are classifled as “vulgar” or “vulgar slang” in the New College
Edition of the American Heritage Dictionary of the English Language.
11. Moving Signs. No sign shall be permitted containing or consisting of banners, posters,
pennants, ribbons, balloons, streamers, or other similarly moving devices or
ornamentation, except as speciflcally provided in this section.
12. Flashing Signs and Rotating Light Beams. No sign shall be permitted which contains or
utilizes revolving or rotating beams of light of stroboscopes. No sign shall be erected
which fiashes, except for time and temperature signs.
13. Signs on Vehicles. No sign shall be placed on a vehicle or trailer which is parked or
located for the primary purpose of displaying the sign, provided that authorized portable
signs (see Section 5.6.4.D: Portable Signs) and (this does not apply to permitted
portable signs, or to signs or lettering on buses, taxis, or vehicles operating during the
normal course of business) are permitted.
14. Signs painted on or attached to any boat or structure which fioats or is designed to fioat,
whether such boat or structure is self-propelled or not, which are parked or located for
the primary purpose of displaying the sign. Markings such as name and registration
information that may be required by federal or state law or signs or lettering on boats
operating during the normal course of business are permitted. Floating Signs. Floating
Signs are not permitted.
15. Pennant signs except as navigational aids exempt from the provisions of this ordinance.
16. Wind device signs, as deflned by this ordinance.
I. Signs Which do not Require a Permit
The following types of signs are exempted from the sign permit requirements but must comply
with all other requirements of this section.
1. Signs used by churches, synagogues, or civic organizations.
2. Construction Signs. One construction sign for each street frontage of a construction
project, not to exceed 20 square feet in sign area in residential zoning districts or 35
square feet in sign area in all other zoning districts. Such signs may be erected ten days
prior to beginning of construction and shall be removed within 30 days following
completion of construction.
3. Directional/Information Signs. Four freestanding directional/information signs per lot,
not to individually exceed three square feet in sign area of 30 inches in height.
4. Individual Political Signs. Non-illuminated political signs, not to individually exceed 12
square feet in sign area. Such signs shall be removed 30 days following the applicable
election or referendum. Political signs may be placed only on private property and only
with the permission of the property owner, provided that each candidate for political
Commented [RR87]: Current provisions may not be
aligned with current legal interpretations related to flrst
amendment protections. The proposed language mirrors
the provisions in the City of Wilmington code and
reference state legislation prohibiting the intentional
dissemination of obscenity.
Commented [RR88]: This provision was removed as it is
covered elsewhere in this section.
Commented [RR89]: This provision has been
incorporated previously in this section.
Commented [RR90]: This provision incorporates and
clarifles the standards currently located in 5.6.3.D.
Commented [RR91]: This language incorporates an
existing provision regarding signs such as Air Dancers.
Planning Board - September 4, 2025
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office, or the candidate’s local representative in the case of statewide or national
offices, shall apply for a general permit for all personal campaign signs, indicating that
the candidate is aware of all regulations concerning political signs, that all supporters
receiving the signs will be advised of these regulations and ordered to follow them, and
that the signs shall be removed as required by these regulations.
5. Public signs or notices or any sign relating to an emergency.
6. Real Estate Signs. One non-illuminated real estate sign per street frontage, not to
exceed 20 square feet in sign area. Such signs must be removed 30 days following
rental, sale, or lease.
7. Incidental signs not to exceed six square feet in aggregate sign area per occupancy.
8. Residence signs, nameplates, or street address numbers, not exceeding four square
feet in area.
9. Signs used for bona-flde navigational aids.
10. Flags.
11. Off-Site Real Estate Signs. Off-site real estate signs which are generic signs with display
content limited to a directional arrow and/or one descriptive phrase of “open house” or
“home for sale,” and allowed off the premises from where the real estate product is
being offered that comply with the following requirements:
a. Be located on private property only with written permission of the applicable
property owner. The property owner or real estate agency stall be subject to the
applicable penalties for violation of these provisions.
b. Be no greater than four square feet in area.
c. Be no higher than three feet, measured from the adjacent ground elevation to the
uppermost portion of the sign.
d. Only locate one sign per intersection.
e. Not block any sight distances of any intersection.
f. Not be placed within a public or private road right-of-way.
g. Be freestanding.
h. Not be placed on trees, utility posts, traffic control signs, or other signs.
i. Not have lighting, moveable elements, or fiags.
j. Comply with the following allowable times of placement:
1. A sign directing attention to a temporary sales office or model unit in a
development of multiple lots or units offered for sale may remain in place seven
days a week, for as long as the temporary sales office or model unit is on site.
2. A sign directing attention to any property or properties other than a model unit or
sales office as specifled in paragraph (a) may remain in place from 4:00 p.m. on
Friday to 8:00 a.m. on the following Monday. On the following specifled
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holidays, signs may be posted after 4:00 p.m. the day prior to the actual holiday
and must be removed by 8:00 a.m. the day following the holiday:
i. New Year’s Day
ii. Martin Luther King, Jr. Day
iii. Good Friday (Friday before Easter)
iv. Azalea Festival – Friday
v. Memorial Day
vi. Independence Day
vii. Labor Day
viii. Veteran’s Day
ix. Thanksgiving Day – Thursday and Friday
x. Christmas Day
J. Signs Which Require a Permit
1. Subdivision Identification Signs
Two subdivision identiflcation signs per entrance, not to exceed 35 square feet each in
sign area. Identiflcation signs may be located on privacy and freestanding walls.
Unless otherwise specifled, if the identiflcation sign is located on a freestanding wall,
the wall shall not exceed six feet in height, or the height of the subdivision privacy wall,
whichever is greater.
2. Identification signs
One identiflcation sign per apartment or condominium complex entrance, not to exceed
35 square feet in sign area. Identiflcation signs may be located on walls provided such
walls do not exceed four feet in height and 75 square feet in area.
3. Freestanding Signs in Residential Areas
For permitted nonresidential uses, including churches and synagogues, one
freestanding sign per frontage, not exceeding 35 square feet in sign area, an done
marquee sign not to exceed 25 feet in sign area. All permitted freestanding signs shall
have a maximum height limit of six feet and shall have a minimum setback of flve feet
from any property line. For permitted freestanding signs which are to be illuminated,
such illumination must come from a light source which is external to the sign itself.
4. Principal Use Signs
a. Freestanding Signs
1. Primary. One primary freestanding sign per premises, in accordance with Table
5.6.2.J.4.a: Freestanding Sign Standards.
Commented [RR92]: These provisions are incorporated
into 5.6.2.B or are proposed to require permits moving
forward to ensure that people are not making substantial investments in signage without ensuring it meets all
standards using the permit review process. Staff’s
recommendation is that any sign that would require a building permit under the NC Building Code should also
require zoning review for compliance with standards.
Commented [RR93]: These provisions are incorporated
into a new Section 5.6.3 Permanent Signs.
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Table 5.6.2.J.4.a: Freestanding Sign Standards
Zoning
District
Number
of
Lanes
Street
Frontage
(Feet)
[1]
Front
Setback
(Min./Max.)
(Feet) [2][3]
Maximum
Primary
Sign
Height
(Feet)
Maximum
Aux. Sign
Height
(Feet)
Maximum
Primary
Sign Area
(Square
Feet)
Maximum
Auxiliary
Sign Area
(Square
Feet)
O&I
[10-03-2022]
2 N/A 10/20 20 10 12 25
4 >100 10/20 20 N/A 75* N/A
B-1, PD,
CB [09-08-2020]
2 N/A 10 / 20 20 10 50 25
4 < 100 10 / 20 20 N/A 50 N/A
> 100 10 / 20 20 12 65 32
B-2, CS, I-
1, I-2, AC,
SC [09-08-
2020]
2 < 100 10 / 20 20 N/A 65 N/A
> 100 10 / 25 20 18 100 50
4
< 100 10 / 25 20 N/A 100 N/A
> 100 10 / 30 25 20 150 75
> 300 10 / 30 30 20 175 90
NOTES:
[1] Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans approved as part of the current NC DOT Transportation Improvement Program.
[2] Notwithstanding the minimum and maximum front setback requirements indicated above, primary freestanding signs which do not exceed six feet in height and are less than 76 percent of the maximum sign area established above, may be located within five feet of the front property line and shall have no maximum front setback.
[3] Front Setback refers to the setback from the front or corner side property lines.
*Sign area for properties located adjacent to minor or major arterials as identified on the officially adopted WMPO Functional Classification Map. Otherwise, the maximum area for 2-lane roadways shall apply.
2. Auxiliary. An additional (Auxiliary) freestanding sign shall be allowed for property
having in excess of 100 linear feet of road frontage; one auxiliary freestanding
sign shall be permitted for each 100 linear feet of road frontage. Auxiliary signs
may contain up to 50 percent of the allowable area of primary freestanding signs
or 20 square feet, whichever is greater. Auxiliary signs shall not be permitted
within 50 feet of any other auxiliary or primary sign located on the same parcel of
property. No more than two auxiliary freestanding signs shall be permitted on
each road frontage for each parcel of property.
3. Carolina Beach Road. Freestanding signs along Carolina Beach Road shall
comply with the provisions of this section except that only one freestanding
ground sign not to exceed six feet in height and a maximum surface area of 150
square feet is permitted.
b. Wall Signs. Up to flve wall signs per occupancy, in aggregate not to exceed 20
percent of the area of the wall to which the signs are attached, up to a maximum
size of 250 square feet per each occupancy.
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c. Under-Canopy Signs. One under-canopy sign per occupancy, not to exceed four
square feet in sign area.
d. On-Premises Window Signs. Any principal building may install on-premises window
signs, provided:
1. The area of such signs shall not exceed an aggregate area equal to 10 percent of
the total ground fiood glassed window area of the building.
2. Such signs, if located inside the window, may be neon signs.
3. Such signs are prohibited above the second fioor occupancy.
e. Special regulations and allowances for principal use signs:
1. Corner Lots. Where an occupancy is on a corner or has more than one main
street frontage, an additional wall sign and an additional freestanding sign
are allowed on the additional frontage, not to exceed the number and size
limitations of other allowed wall and freestanding signs.
2. Minimum Clearance. All freestanding, awning, marquee, and under-canopy
signs shall have a minimum clearance of nine feet over any pedestrian use
area.
3. Awning Signs. Three awning signs per occupancy, not to exceed 20 percent
of the surface area of an awning.
4. Multi-Unit Signs. Multi-unit signs consist of three or more individual
identiflcation signs. These individual signs shall be designed to refiect a
unifled graphic appearance (e.g., size and material type), as determined by
the Planning Director. Individual commercial logos are permitted on multi-
unit signs so long as they do not constitute more than 25 percent of the area
of the applicable individual occupancy identiflcation sign.
5.6.3. PERMANENT SIGNS
A. Attached Signs
1. General
Table 5.6.3.A: Permitted Permanent Attached Signs, by Zoning District, identifles
attached signs that are permitted in each zoning district, subject to the standards that
apply to speciflc types of signs identifled in the right-most column of the table. For
attached sign standards in the Riverfront Mixed Use District, see Section 3.3.5:
Riverfront Mixed Use (RFMU) Planned Development District.
Commented [RR94]: This adapts Table 5.6.2.H:
Permitted and Prohibited Signs by Zoning District in the
current UDO and lists only permanent attached signs.
The ‘AI’ district reference has been revised to ‘AC’ in line
with a previous change in the name of that district.
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Table 5.6.3.A: Permitted Permanent Attached Signs, by Zoning District
P = Permitted Blank Cell = Prohibited
Sign Type Zoning Districts Speciflc Sign-
Type
Standards
All Residential
Districts
O&I B-1, CB,
UMXZ, PD
B-2, SC CS, I-1,
AC
I-2
Awning P P P 5.6.4.A.2
Integral P P P P P P 5.6.4.A.3
Marquee P 5.6.4.A.4
Under-Canopy P P P P P 5.6.4.A.5
Wall P P P P P P 5.6.4.A.6
Window P P P P P 5.6.4.A.7
2. Awning Signs
Each tenant in a building is permitted a maximum of three awning signs, provided that
no sign shall cover more than 20 percent of the surface area of an awning.
3. Integral Signs
Each building is permitted a maximum of two integral signs, each no more than 10
square feet in sign area.
4. Marquee Signs
Each building housing a nonresidential use in a Residential zoning district is permitted
on marquee sign not to exceed 25 feet in sign area. Electronic changeable copy is not
permitted.
5. Under-Canopy Signs
Each occupancy is permitted one under-canopy sign with a maximum sign area of four
square feet.
6. Wall Signs
a. In all residential districts, wall signs shall be limited to no more than one non-
illuminated sign a maximum of 2.25 square feet in area mounted fiush against the
wall of the principal building.
b. In all other districts outlined in Table 5.6.3.A, each building is permitted wall signs
that do not cover more than 20 percent of the facade area along each side of a
building. Wall signs may not project more than 18 inches from the wall. Electronic
changeable copy is not permitted.
7. Window Signs
On-premises window signs are permitted on a principal building in accordance with the
following:
i. The area of all window signs shall not exceed an aggregate area equal to 10 percent
of the total ground fioor glassed window area of the building.
Commented [RR95]: In order to achieve content neutral provisions for non-residential uses conducted in a
residence, such as home occupations and family child
care homes, this permission has been added to replace current provisions in the ordinance. The standards for
wall signs below has been updated to specify the
different standards in different types of districts.
Commented [RR96]: This carries forward Section
5.6.2.J.4.e.3 in the current UDO.
Commented [RR97]: Current provisions in the
ordinance related to the type of information provided on
permitted integral signs (names of buildings, dates of
erection, monumental citations, tablets and the like) due
to achieve content neutrality. No other standards are
currently imposed because the content restrictions
impact potential sign size. This new size standard is
proposed to allow the current types of permitted signage
but to avoid potential unanticipated impacts.
Commented [RR98]: This carries forward the standards
regarding marquee signs in Section 5.6.2.J.3,
Freestanding Signs in Residential Areas, of the current
UDO. New deflnitions for “marquee” and “sign,
marquee” have been proposed in line with those terms
traditional meaning. Because these permissions apply to
uses like churches, it is currently unclear if those term
deflnitions are in line with the original intent.
Commented [RR99]: This carries forward Section
5.6.2.J.4.c in the current UDO.
Commented [RR100]: This provision refiects language
for uses currently allowed in conjunction with a
residence, such as home occupations and family child
care homes. County Legal has provided guidance that
standards for speciflc uses should be avoided, so these
provisions would also apply to a wider scope of uses than
current provisions; however, the size limitations for these signs would likely result in negligible impact.
Commented [RR101]: These provisions incorporate the
current Section 5.6.2.J.4.b and the projection standard
currently included in the deflnition for “Sign, Wall” but
remove additional requirements regarding per tenant
maximum size and number of signs for greater clarity and
ease of administration. These are the provisions that
murals would fall under.
Commented [RR102]: This carries forward Section
5.6.2.I.4.d in the current UDO.
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j. Window signs may be neon or electronic changeable copy if located inside the
window.
k. Window signs are prohibited above the second fioor of a building.
B. Freestanding Signs
1. Freestanding Signs in Certain Mixed Use, Commercial, and Industrial Zoning Districts
a. Except as provided in subsections b, c, and d below, properties in the B-1, PD, CB,
UMXZ, B-2, CS, I-1, I-2, AC, and SC zoning districts are allowed one principal
freestanding sign per parcel street frontage, regardless if for a single tenant or multiple
tenants, in accordance with Table 5.6.4.B.1: Freestanding Sign Standards.
b. For properties along Carolina Beach Road, the primary freestanding sign shall have a
maximum sign area of 150 square feet and a maximum height of six feet.
c. For properties in the Special Highway Overlay District (SHOD), see Section 3.4.7:
Special Highway Overlay (SHOD) District.
d. Except along Carolina Beach Rd., parcels are allowed one additional auxiliary sign if it
has at least 100 and less than 200 linear feet of road frontage. A parcel is allowed two
auxiliary freestanding signs if has 200 or more linear feet of road frontage.
Table 5.6.4.B: Freestanding Sign Standards
Zoning
District
Number of Travel Lanes
Street Frontage (Feet) [1]
Front Setback (Min./Max.)
(Feet) [2][3]
Maximum Primary Sign Height
(Feet)
Maximum Aux. Sign Height
(Feet)
Maximum Primary Sign Area (Square
Feet)
Maximum Auxiliary Sign Area (Square
Feet)
O&I
2 N/A 10 / 20 20 10 12 N/A
4 < 100 10 / 20 20 N/A 75 37.5
≥100 10 / 20 20 10 75 N/A
B-1, PD, CB,
UMXZ
2 N/A 10 / 20 20 10 50 25
4 < 100 10 / 20 20 N/A 50 N/A
≥100 10 / 20 20 12 65 32
B-2, CS, I-1,
I-2, AC, SC
2 < 100 10 / 20 20 N/A 65 N/A
≥100 10 / 25 20 18 100 50
4
< 100 10 / 25 20 N/A 100 N/A
≥100 10 / 30 25 20 150 75
≥300 10 / 30 30 20 175 90
NOTES:
[1] Number of lanes refers to the ultimate number of travel lanes based upon existing roadway conditions or upon construction
plans approved as part of the current NC DOT Transportation Improvement Program.
[2] Notwithstanding the minimum and maximum front setback requirements indicated above, primary freestanding signs which do not exceed six feet in height and are less than 75 percent of the maximum sign area established above, may be located within five feet of the front property line and shall have no maximum front setback.
[3] Front Setback refers to the setback from the front or corner side property lines.
Commented [RR103]: Unless noted speciflcally below,
these provisions are clariflcations of current standards in
Section 5.6.2.J.4: Principal Use Signs.
Commented [RR104]: These are current provisions and
were intended to mirror the SHOD standards for signs
referenced below, though in the SHOD, this limitation in
height and size only applies to a 100-foot setback area.
Commented [RR105]: These provisions refiect and
clarify current limitations on the number of auxiliary signs
allowed as determined by staff.
Commented [RR106]: Sign standards for O&I have been
updated slightly. Currently, the table does not reference
roadway frontage of less 100 feet, auxiliary sign
standards for roadway frontage 100+ feet is not in line
with other provisions, and a footnote explains that the
size allowed for 4-lane highways is only allowed along
minor or major arterials. This has been updated for
consistency and to remove the provision regarding road
classiflcation as 4-lane roads are likely to be classifled
this way.
Commented [RR107]: UMXZ has been classifled the
same as these zoning districts. The current ordinance does not include sign standards speciflc to this district.
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2. Freestanding Signs in Residential Districts
a. Residential developments are allowed two freestanding signs per entrance. The
signs shall each be limited to a maximum of 35 square feet in sign area and may be
located on fences or freestanding walls. The height of any sign located on a wall or
fences shall not exceed six feet in height, or the height of the fence or wall,
whichever is greater. Only external illumination shall be allowed.
b. Each lot with a permitted nonresidential use, excluding those located in a residence,
is permitted one freestanding sign per frontage with a maximum of 35 square feet in
sign area. Each permitted freestanding sign shall have a maximum height limit of six
feet and be set back at least flve feet from any property line. If the sign is
illuminated, the light source shall be external to the sign itself.
i. For properties along local or collector roads, any changeable copy sign must be
manual changeable copy.
ii. For properties along minor or major arterials, electronic changeable copy signs
are permitted.
C. Additional Sign Regulations
1. Off-Premises Outdoor Advertising Signs
a. General
1. Except as provided in subsection 2 below, off-premises outdoor advertising
signs and structures are permitted on land in the I-1, I-2, and AC zoning districts.
2. Off-premises outdoor advertising signs and structures are prohibited within 400
feet of any Residential zoning district, Residential use, religious assembly, public
park, and school. These signs are also prohibited on land in the Special Highway
Overlay District (SHOD) or in any area in, upon, or over any navigable public
waterway, marsh, or within 400 feet landward of the mean high water line.
b. Location, Setbacks, and Spacing
3. Each off-premises outdoor advertising sign shall comply with the applicable
setback requirements of the district in which is located or be setback at least 10
feet from any right-of-way or property line, whichever is greater.
4. No part of an off-premises outdoor advertising sign shall be located within a
triangular area formed by the street right-of-way lines and a line connecting
them at points 50 feet from the right-of-way intersection.
5. Any off-premises outdoor advertising sign shall be located a minimum of 1,000
feet from any part of another off-premises outdoor advertising sign.
c. Single Off-Premises Outdoor Advertising Sign Structure
1. Any off-premises outdoor advertising sign shall be considered as one sign
structure when it is designed to be viewed from:
Commented [RR108]: These provisions are included in
the current Section 5.6.2.J.1 and have been modifled for
content neutrality.
Commented [RR109]: This is a new provision that is in
line with the type of lighting generally provided for these
types of signs, though this restriction is not currently
specifled.
Commented [RR110]: This provision is intended to
refiect current limitations on freestanding signs for uses
such as home occupations and family child care homes
that are conducted in conjunction with a primarily
residential use of the property.
Commented [RR111]: These provisions are new and
incorporate digital sign standards. Currently, the
ordinance language of “residential areas” has caused
confusion for owners of residentially-zoned lots along
major corridors. The proposed provisions are intended to clarify this.
Commented [RR112]: These provisions incorporate the
standards currently located in Section 5.6.4 and have
been updated for clarity and legal conformance.
Additional information on updates is provided below for
selected sections.
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i. One direction and consists of a single face sign placed in such a manner to
be viewed by one directional fiow of traffic; or
ii. Two directions and consists of two sign faces arranged either back-to-back
or in a V-shape.
2. There shall be a maximum of one sign face for each direction of traffic.
d. Area and Height Requirements
1. The maximum sign area of an off-premises outdoor advertising sign shall be 75
square feet when facing streets with fewer than four travel lanes and 150 square
feet when facing streets with four or more travel lanes.
2. For purposes of this subsection d only, the allowable sign area of an off-
premises outdoor advertising sign with equal size and shape for both double-
faced (back-to-back) and V-type off-premises outdoor advertising signs is
measured by computing the area of only one side of the outdoor advertising
sign.
3. Both side of a double-faced or V-type off-premises outdoor advertising sign shall
be of equal size. No point on either side shall be more than 15 feet from the
nearest point of the other side.
4. No off-premises outdoor advertising sign or part thereof, including base, apron,
supports, supporting structures, and trim, may exceed 30 feet in height total.
5. Rooftop off-premises outdoor advertising signs are prohibited.
e. Other Standards
1. No outdoor advertising sign, except official traffic signs, shall be installed closer
than 10 feet horizontally or vertically from any conductor or public utility guy
wire.
2. All off-premises outdoor advertising sign illumination devices shall be in
conformance with all state and local codes regarding illuminations. If the sign is
illuminated, the light source shall be external to the sign itself. Electronic
changeable copy shall be prohibited.
3. The backs of all outdoor advertising signs shall be painted in a neutral color to
blend in with the surrounding area.
4. Vegetation on public property or rights-of-way shall not be trimmed for any
reason, including to make any outdoor advertising sign more visible, except as
permitted by NCGS 136-133.1 et seq.
f. Removal of Obsolete Off-Premises Outdoor Advertising Signs
Outdoor advertising sign messages which advertise a discontinued activity or use of
a parcel or premises shall be removed within 60 days from the date the activity or
use was terminated. Outdoor advertising signs advertising events such as shows,
Commented [RR113]: These provisions have been
updated to remove current ordinance language that
references the National Electrical Code to reduce
potential confiicts.
Commented [RR114]: This language has been updated
to remove Building Code references and to specify
external illumination and no digital components,
articulating how current code standards would apply.
Commented [RR115]: These provisions incorporate
existing language but are revised for clarity.
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displays, festivals, circuses, fairs, athletic contests, conventions, or other time-
limited events shall be removed within 30 days after the flnal date of such events.
5.6.4 TEMPORARY SIGNS
A. General
Table 5.6.5.A: Permitted Temporary Signs, by Zoning District, identifles temporary signs that
are permitted in each zoning district, subject to the standards that apply to speciflc types of
signs identifled in the right-most column of the table.
Regardless of the sign type, any sign located on a property for more than 60
consecutive days or 90 days in a calendar year shall be considered a permanent sign
and must meet the requirements of Section 5.6.3. Permanent Signs.
Table 5.6.4.A: Permitted Temporary Signs, by Zoning District
P = Permitted Blank Cell = Prohibited
Sign Type Zoning Districts Speciflc Sign-
Type Standards All Residential
Districts
O&I B-1, CB,
UMXZ, PD
B-2, SC CS, I-1,
AC
I-2
A-Frame n/a
Balloons/Blimps P P P P P 5.6.5.B
Banner P P P P P 5.6.5.C
Flag P P P P P P 5.6.5.D
Incidental P P P P P n/a
Portable P P P P 5.6.5.E
5.6.3. TEMPORARY AND SPECIAL EVENT SIGNS
AB. Balloons/Blimps
1. A balloon or blimp is allowed to be displayed for special events, subject to the following:
Allowed for special events with a permit for up to seven days of consecutive use, flve
times per calendar year per location, subject to the following conditions:
a. The balloon or blimp shall be permitted at a speciflc site for no more than seven
consecutive days and for no more than flve times in a calendar year, regardless of
the number of days each time.
b. The balloon or blimp may not be more than 1,000 cubic feet in size, nor shall the
total of the longitudinal and latitudinal dimensions of the device, measured along
their its axes, exceed 37 linear feet.
c. The balloon or blimp shall be securely anchored at a point within the applicable
setback for buildings in the zoning district where the balloon or blimp is fiown.
Commented [RR116]: It has been noted by staff that
some property owners may use what would otherwise be
considered a banner or portable sign for longer periods of
time that outlined in these provisions. The intent of this
statement to ensure that signs that are installed for
ongoing, permanent use are reviewed subject to the
standards of Section 5.6.3.
Commented [RR117]: This carries forward the
regulations in Section 5.6.3.A of the current UDO with
revisions for clarity.
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d. The balloon or blimp shall not may not be fiown higher more than 50 feet in the air
unless it is located at least when less than 100 feet from any active public roadway;
its height may thereafter be Its height may be increased in proportion to its distance
from the roadway by one foot for each additional foot of distance beyond 100 feet
from the public roadway to a maximum of 100 feet. (Example: if the device balloon
or blimp is anchored 125 feet from a road, it may be fiown at a height of 75 feet.)
e. No balloon or blimp shall be fiown in windy conditions (sustained wind of 25 m.p.h.
or more) or inclement or stormy weather;
f. A balloon or blimp shall comply with all applicable and or federal regulations must
be observed;
g. No balloons or blimps may shall be fiown within a one-mile radius one mile of
another such device balloon or blimp; and
h. No device authorized by this section may consist of more than one balloon or blimp,
or have attached to it any streamers, banners, or other paraphernalia.
i. If, in the opinion of the Building Safety Director, any balloon or blimp is creating or
contributing to a hazardous situation, the Director may direct that it be removed or
that the manner of its display be altered to remove the hazard.
2. For purposes of this provision, a balloon or blimp may display advertising copy that is
not speciflc to the premises or establishment where the special event is occurring, but
may not be displayed at any other premises.
3. For purposes of this subsection 5.6.5.B only, “Special event” as used in this provision
special events includes grand openings, special sales and other promotional activities.
If, in the opinion of the Building Safety Director, any balloon or blimp is creating or
contributing to a hazardous situation, the Director may direct that it be removed or that
the manner of its display be altered to remove the hazard.
BC.Banners
Banners are allowed for special events with a permit, for up to 30 days of consecutive use, two
times per calendar year (separated by a minimum of 30 days). There shall be no more than two
banners per occupancy, per permit. In the case of public parks, each group or activity will be
considered a separate occupancy. Museums and cultural arts centers are permitted
continuous, year-round display of one banner and there is no time constraint imposed upon any
one banner’s display. A second banner may be permitted in compliance with the banner
restrictions applied to other uses. For grand openings, or other special events, a banner may be
used for no more than 30 days for one time per calendar year. These banners are allowed with a
permit in the Commercial and Industrial districts.
1. General
Except as provided in subsection 2 below, each tenant is allowed no more than two
banners in accordance with the following:
Planning Board - September 4, 2025
ITEM: 2 - 4 - 38
2025 Sign Standards Maintenance Amendment – Planning Board Public Hearing Draft
Red Italics = New Text Strikethrough = Language proposed for removal – Public Comment Draft
Blue Bold = New Public Hearing Draft Language
Double Strikethrough = Language proposed for removal since Public Comment Draft
39
a. A banner shall be permitted at a speciflc site for no more than 30 consecutive days
and for no more than two times in a calendar year, regardless of the number of days
each time. A minimum of 30 days shall separate each use of the banner.
b. For banners proposed to be used in a public park, each group or activity shall be
considered to be a separate tenant.
2. Exception
Museum and cultural arts center uses are permitted to continuously display one banner
with no time limitation. One additional banner may be displayed in accordance with the
requirements of subsection 1 above.
CD. Flags
Flags are allowed as specifled in in accordance with Table 5.6.34.CD: Flag Standards by Zoning
District, based on the zoning district and size of the parcel. Ground-mounted fiagpoles shall
not exceed the height limits established in Table 5.6.34.CD. Roof-mounted fiagpoles shall not
exceed the maximum height permitted in each zoning district for roof-mounted antennae. No
more than two fiags shall be are permitted per on each fiagpole. The cumulative area of all fiags
shall not exceed the maximum area ,not to exceed the cumulative area established in Table
5.6.34.CD. The United States, North Carolina, city and county fiags are exempt from all
restrictions of this article.
Table 5.6.34.CD: Flag Standards by Zoning District
Zoning District Parcel Size
Maximum
Number of
Flagpoles
Maximum Area Maximum
Height
Commercial and
Industrial
Less than one acre Three 80 square feet 35 feet
One to three acres Five 200 square feet 50 feet
Three to ten acres Ten 200 square feet 50 feet
More than ten
acres
Ten 800 square feet 80 feet
All Other N/A one 80 square feet 35 feet
D. Pennants
Pennants are prohibited except as navigational aids, or if used by a religious activity or by an
educational or charitable organization (see Flags).
DE. Portable Signs
One Pportable signs are is allowed with a permit permitted on a parcel for no more than up to
30 consecutive days of consecutive use, for no more than two times in a calendar year,
regardless of the number of days each time. (separated by a minimum of 30 days), for parcels in
the Commercial or Industrial districts. They are prohibited elsewhere. A minimum of 30 days
shall separate each use of the portable signs. Portable signs cannot exceed 35 square feet in
Commented [RR118]: This provision has been removed
due to content-based and viewpoint-based legal protections.
Commented [RR119]: These provisions have been
moved to the prohibited signs section in 5.6.2.I.
Commented [RR120]: This is removed as it is outlined
on Table 5.6.4.A.
Planning Board - September 4, 2025
ITEM: 2 - 4 - 39
2025 Sign Standards Maintenance Amendment – Planning Board Public Hearing Draft
Red Italics = New Text Strikethrough = Language proposed for removal – Public Comment Draft
Blue Bold = New Public Hearing Draft Language
Double Strikethrough = Language proposed for removal since Public Comment Draft
40
sign area size and six feet in height, or be located within flve feet of any property line. That shall
not be over one portable sign per parcel. At the expiration of the permit period, the sign, which
includes the lettering as well as the signage cabinet, shall be removed.
5.6.4. OUTDOOR ADVERTISING SIGNS
A. Where Permitted
Outdoor advertising signs and structures that comply with the provisions of this Ordinance
shall be permitted in the I-1, I-2 and AC zoning districts, provided the speciflc outdoor
advertising sign location is 400 feet or more from any Residential zoning district, place of
worship, public park, or school. Outdoor advertising signs shall not be constructed within
areas designated under the SHOD district. Outdoor advertising signs shall not be permitted in,
upon, or over any navigable public waterway, marsh, or within 400 feet landward of the mean
high water line.
B. Location, Setbacks, and Spacing of Outdoor Advertising Signs
1. Setbacks. Each outdoor advertising sign shall comply with the applicable setback
requirements of the district in which it is located. In no case, however, shall an outdoor
advertising sign be located less than 10 feet from any right-of-way or property line.
2. Corner Lots. No part of an outdoor advertising sign may be located within a triangular
area formed by the street right-of-way lines and a line connecting them at points 50 feet
from the right-of-way intersection.
3. Spacing of Outdoor Advertising Signs. No part of any outdoor advertising sign shall be
located less than 1,000 feet from any part of another outdoor advertising sign.
4. Back of Outdoor Advertising Sign. The backs of all outdoor advertising signs shall be
painted in a neutral color to blend with the surrounding area and to prevent the
refiection of car lights and sunlight.
C. Single Outdoor Advertising Sign Structure
An outdoor advertising sign shall be considered as one sign structure when it is designed to be
viewed from:
1. One direction and consists of a single face sign placed in such a manner to be viewed
by one directional fiow of traffic; or
2. Two directions and consists of two sign faces arranged either back-to-back or in a V-
shape.
3. In no case shall there be more than one sign face per directional fiow of traffic.
D. Area and Height Requirements for Outdoor Advertising Signs
1. No outdoor advertising sign facing streets with four or more traffic lanes may exceed
150 square feet; outdoor advertising signs facing streets with fewer than four traffic
lanes may not exceed 75 square feet. The allowable sign area of outdoor advertising
Commented [RR121]: These provisions have been
revised and incorporated into Section 5.6.3.C.7 in the
proposed amendment.
Planning Board - September 4, 2025
ITEM: 2 - 4 - 40
2025 Sign Standards Maintenance Amendment – Planning Board Public Hearing Draft
Red Italics = New Text Strikethrough = Language proposed for removal – Public Comment Draft
Blue Bold = New Public Hearing Draft Language
Double Strikethrough = Language proposed for removal since Public Comment Draft
41
signs with equal size and shape for both double-faced (back-to-back) and V-type
outdoor advertising signs is measured by computing the area of only one side of the
outdoor advertising sign. Both sides of a double-faced or V-type outdoor advertising
sign shall be of equal size. No point on either side shall be more than 15 feet from the
nearest point of the other side.
2. No outdoor advertising sign or part thereof, including base, apron, supports, supporting
structures, and trim, may exceed 30 feet in height. Rooftop outdoor advertising signs
are prohibited.
E. Inspection of Outdoor Advertising Signs
The Building Safety Director shall inspect all outdoor advertising signs periodically to determine
that the same are in a safe condition and meet the requirements set forth in this section.
F. Clearance for Overhead Electrical Conductors
Outdoor advertising signs shall be located in such a way that they maintain horizontal and
vertical clearance of all overhead electrical conductors in accordance with National Electrical
Code speciflcations, provided that no outdoor advertising sign, except official traffic signs, shall
be installed closer than 10 feet horizontally or vertically from any conductor or public utility guy
wire.
G. Illumination
All outdoor advertising sign illumination devices shall be in conformance with the North
Carolina State Building Code, Volume IV, and all other state and local codes governing
illumination. All illumination shall be designed to be contained to the sign area of the outdoor
advertising sign.
H. Back of Sign
The backs of all outdoor advertising signs shall be painted in a neutral color to blend in with the
surrounding area.
I. Trimming of Vegetation Prohibited
There shall be no trimming of vegetation on public property or rights-of-way to make any
outdoor advertising sign more visible.
J. Maintenance
All outdoor advertising signs shall be maintained in a state of good repair. Whenever it shall
appear to the Building Safety Director that any outdoor advertising sign has been constructed or
is being maintained in violation of the terms of this section or is unsafe or insecure, such
outdoor advertising sign shall either be made to conform with all outdoor advertising sign
regulations or shall be removed at the expense of the owner, within ten days after written
notiflcation thereof by the Building Safety Director.
K. Removal of Obsolete Outdoor Advertising Signs
Outdoor advertising sign messages which advertised a discontinued activity or use of a building
or premise shall be removed within 60 days from the date the activity or use was terminated.
Commented [RR122]: This provision is not incorporated
into the proposed amendment and would be covered by
Building Safety department procedures related to the administration of the NC Building Code, not outlined by
this ordinance.
Commented [RR123]: This standard is not incorporated
into the proposed amendment. The provisions of 5.6.3.H
and the North Carolina Building Code would still apply.
Planning Board - September 4, 2025
ITEM: 2 - 4 - 41
2025 Sign Standards Maintenance Amendment – Planning Board Public Hearing Draft
Red Italics = New Text Strikethrough = Language proposed for removal – Public Comment Draft
Blue Bold = New Public Hearing Draft Language
Double Strikethrough = Language proposed for removal since Public Comment Draft
42
Outdoor advertising signs advertising events such as shows, displays, festivals, circuses, fairs,
athletic contests, dances, fund drives, elections, exhibits, meetings, conventions, and the like
shall be removed within 30 days after the date of termination of such events.
ARTICLE 6: SUBDIVISION DESIGN AND IMPROVEMENTS
Section 6.3 Improvements
6.3.3 REQUIRED IMPROVEMENTS
I. Entrance Signs and Lighting
Signs delineating the subdivision name and any lighting associated with such sign shall be
constructed in compliance with Section 5.6.3.B.2 5.6.2.J.1, Subdivision Identiflcation Signs.
Sign location shall be shown on the preliminary plan for subdivision.
ARTICLE 11: NONCONFORMING SITUATIONS
Section 11.1 General Applicability
11.1.1 In this Ordinance there exist uses of land, structures, lots of record, signs, and site features
that were lawfully established before this Ordinance was adopted or amended, that do not
conform to its terms and requirements. It is the intent to allow such uses, structures, lots of
record, signs, and site features to continue to exist until they are removed but not to
encourage their continual use, as allowed by state law.
11.1.2 Nonconforming uses of land, structures, lots of record, signs, and site features may be
continued provided they conform to the provisions of this ordinance.
Section 11.7 Nonconforming Signs
11.7.1 DETERMINATION OF NONCONFORMITY
Existing signs which do not conform to the speciflc 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 complies with the rules that applied when it was originally constructed or has a
valid permit that shows compliance with the regulations in place at the time of application
or an approved variance or variance approval, or complied with all applicable laws on August
6, 2001 complies with the rules that applied when it was originally constructed.
Commented [RR124]: This provision has been revised
in response to a public comment that indicated the
language initially proposed was vague. It has been
updated to clarify that for a sign to be considered legally
nonconforming, it must have complied with regulations
in place at the time of construction OR it must have a
valid permit that shows compliance either with the rules
in place at time of application or an approved variance.
This version incorporates language regarding
nonconforming signs included in the NC General
Statutes and state permit choice provisions.
Planning Board - September 4, 2025
ITEM: 2 - 4 - 42
2025 Sign Standards Maintenance Amendment – Planning Board Public Hearing Draft
Red Italics = New Text Strikethrough = Language proposed for removal – Public Comment Draft
Blue Bold = New Public Hearing Draft Language
Double Strikethrough = Language proposed for removal since Public Comment Draft
43
11.7.4 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 or brought into conformance with Section 5.6, Signs, and the
other requirements of this Ordinance.
ARTICLE 12: VIOLATIONS AND ENFORCEMENT
Section 12.4 Remedies and Penalties
12.4.1 This Ordinance may be enforced by any one or more of the remedies authorized by Section
153A-123, NCGS, and in accordance with the provisions of Section 160D-404, NCGS,
including but not limited to the following: [05-03-2021]
D. Removal of Illegal Signs from County-Maintained Streets
The County may remove any sign placed within the right-of-way of a publicly-maintained street
in violation of the standards in this Ordinance with the permission of NCDOT.
Commented [RR125]: The provisions outlined for
maintenance of other signs are proposed to also apply to
nonconforming signs.
Commented [RR126]: NCDOT must authorize any
removal of signs from their right-of-way. This provision
leaves this as an option for enforcement, but staff does
not currently perform these types of removals as the
state has assigned this responsibility to NCDOT.
Planning Board - September 4, 2025
ITEM: 2 - 4 - 43
From:Jeff Roether
To:Roth, Rebekah
Cc:Richards, Karen
Subject:Public Comment on TA25-04
Date:Tuesday, August 26, 2025 2:59:16 PM
Attachments:image001.pngimage003.pngimage004.png
image005.png
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Ms. Roth –
This firm represents 7650 Market Street LLC, the owner of the property located at 7650 Market
Street in New Hanover County. The purpose of this email is to provide comment on the public
draft of TA25-04 relating to signs.
For context, 7650 Market Street constructed a freestanding sign on its property following its
receipt of a building permit (twice) from the County. The sign was built in the location identified
in the building permit application materials. After constructing the sign, the owner received
notice from the County that the sign does not meet SHOD requirements, that the permit was
issued in error, and that 7650 Market Street LLC could not maintain the sign as constructed.
According to presentations at planning board meetings, one of the stated purposes of text
amendment TA25-04 is to simplify applicable code to address present confusion in the
marketplace regarding applicable requirements. If that is true, it also would be appropriate to
provide relief to the property owners that have been prejudiced by the County’s previous
application of the current code. 7650 Market Street is facing a County requirement for it to
remove or modify its sign. As we understand it, initial feedback from the County is that the
current draft of TA25-04 does not help 7650 Market Street in any way.
We ask for 7650 Market Street, LLC’s situation be considered in connection with TA25-04. As
part of that, you may consider clarification or amendment to the current proposed text of
Section 11.7.1, which we believe to be vague. The proposed section, as amended, applies to a
sign that “complies with the rules that applied when it was originally constructed.”
We thank you for your hard work on this matter.
Best regards,
Jeffrey Roether
JEFF ROETHER
PARTNER
700 W. Main Street
Planning Board - September 4, 2025
ITEM: 2 - 5 - 1
Durham, NC 27701
Tel: 919-590-0368
morningstarlawgroup.com
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distribute, or copy this e-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your
system. MLG2022
Planning Board - September 4, 2025
ITEM: 2 - 5 - 2
NEW HANOVER COUNTY PLANNING BOARD
REQUEST FOR BOARD ACTION
MEETING DATE: 9/4/2025
Regular
DEPARTMENT: Planning PRESENTER(S): Robert Farrell, Development Review Supervisor
CONTACT(S): Robert Farrell; Rebekah Roth, Planning and Land Use Director
SUBJECT:
Preliminary Forum
Request by James Yopp with Hoosier Daddy, LLC, applicant and property owner, for an Addi7onal Dwelling
Allowance for addi7onal density up to 6.54 dwelling units per acre in a R-15, Residen7al district on approximately
43.10 acres located at 5669, 5671, 5713, 5831 Carolina Beach Road and 1046, 1051, 1052, 1055 Rosa Parks Lane.
BRIEF SUMMARY:
The applicant resubmi ed a special use permit applica!on for an Addi!onal Dwelling Allowance a$er the Board of
Commissioners denied a similar proposal in June 2025. Under Sec!on 10.2.10.F of the Unified Development
Ordinance (UDO), a new applica!on may only be submi ed within one year of denial if the Planning Director
determines that circumstances have substan!ally changed, new informa!on is available, the proposal is materially
different, or the previous decision was based on a material mistake of fact.
The applicant revised the proposal and submi ed it by the August 1, 2025 deadline in compliance with the ordinance
requirements requiring a quasi-judicial hearing. On August 18, however, the Board of Commissioners amended the
UDO to shi$ review of Addi!onal Dwelling Allowances from a quasi-judicial hearing to a condi!onal rezoning process.
Planning staff found the resubmi ed applica!on to be materially different from the previous applica!on. In addi!on,
under state law, because it was filed before the text amendment was approved, it remains subject to the former
standards.
The project proposes a 291-unit residen!al community at a density of 6.75 dwelling units per acre across 43.10 acres,
divided by a new collector road extending north from Tarin Woods. The plan includes a mix of housing types ranging
from mul!-family and row-style units to detached single-family homes, along with an amenity building. The op!on for
mul!-family housing is concentrated in the western sec!on to provide a transi!on toward the central amenity area,
while the eastern sec!on focuses on lower-density housing to complement exis!ng neighborhoods. Access will be
provided from Carolina Beach Road, with a condi!on preven!ng access onto Rosa Parks Lane without an access
agreement. The applica!on meets the minimum requirements of Sec!on 3.1.3.E which outlines the requirements for
Addi!onal Dwelling Allowances.
Under the current R-15 zoning, the site is es!mated to generate approximately 81 AM and 108 PM peak hour trips.
The proposed project is es!mated to generate approximately 146 AM and 171 PM peak hour trips resul!ng in an
increase of 65 AM and 63 PM trips. The site is over the threshold that requires a Traffic Impact Analysis (TIA). A TIA
approved in 2022 was confirmed by the WMPO and NCDOT to be consistent with the proposed project and noted that
most required improvements were completed in earlier phases of Tarin Woods. The submi ed TIA can be viewed
online here.
The 2016 Comprehensive Plan designates a por!on of the site closest to Carolina Beach Road as Urban Mixed Use
and the majority of the site as General Residen!al. Urban Mixed Use encourages a blend of residen!al, office, and
Planning Board - September 4, 2025
ITEM: 3
retail uses at higher densi!es, suppor!ng diverse development such as mixed-use buildings, small-scale commercial,
ins!tu!onal, and mul!-family or single-family housing. The General Residen!al classifica!on emphasizes lower-density
housing, primarily single-family homes or duplexes, with limited commercial uses focused on strategically placed office
and retail spaces. It also promotes recrea!onal and school facili!es as integral components of these neighborhoods.
STRATEGIC PLAN ALIGNMENT:
RECOMMENDED MOTION AND REQUESTED ACTIONS:
Planning staff and the Planning Board do not make recommenda!ons on special use permit requests. As this is a
preliminary forum the Planning Board is required to hear the presenta!on from staff, the applicant, and the public to
facilitate an open and transparent discussion of the special use permit applica!on. Ques!ons and comments related to
the following topics are encouraged:
- Components of the proposal that are not clear or where addi!onal informa!on is needed in order to understand the
project.
- Advice to the applicant on the presenta!on they will be making to the Board of Commissioners.
- Advice to the par!es speaking in opposi!on on what they may want to consider when preparing for the Board of
Commissioners mee!ng, and
- Advice to both par!es on poten!al issues that should be addressed before the public hearing.
ATTACHMENTS:
Descrip!on
S25-04 PB Script
S25-04 PB Staff Report
S25-04 Zoning Map
S25-04 Future Land Use Map
S25-04 Mailout Map
S25-04 Application Cover Sheet
S25-04 Application
S25-04 Traffic Impact Analysis Cover Sheet
S25-04 TIA Executive Summary
S25-04 TIA Approval Letter
S25-04 Concept Plan Cover Sheet
S25-04 Concept Plan
S25-04 Public Comments
COUNTY MANAGER'S COMMENTS AND RECOMMENDATIONS: (only Manager)
Planning Board - September 4, 2025
ITEM: 3
SCRIPT for Special Use Permit Application Preliminary Forum
(S25-04)
Request by James Yopp with Hoosier Daddy, LLC, applicant and property owner, for an Additional
Dwelling Allowance for additional density up to 6.54 dwelling units per acre in a R-15, Residential
district on approximately 43.10 acres located at 5669, 5671, 5713, 5831 Carolina Beach Road and 1046,
1051, 1052, 1055 Rosa Parks Lane.
1. This is a Preliminary Forum. The purpose of this forum is to facilitate an open and transparent
discussion of the special use permit application and to provide an opportunity for public comments
and questions. Please note per state law, the Planning Board will not be making a decision or
recommendation this evening. Instead, the decision on the application will be made during the Board
of Commissioners’ quasi-judicial hearing, where public participation will be limited to parties with
standing and witnesses providing evidence through sworn testimony. Anyone interested in speaking
in support or opposition of the project should sign in and speak tonight at this meeting, regardless of
standing in the matter.
2. Staff will introduce the application. Then the applicant will be allowed 15 minutes for their
presentation. Following the applicant’s presentation, we will have 20 minutes for public questions and
comments, and then allow the applicant time to address them. The Board members will then provide
their comments and ask questions of the applicant. At the end, Staff will give an overview of next steps
in the special use permit process. We will then close the forum.
3. Conduct forum as follows:
a. Staff introduction
b. Applicant’ s presentation (up to 15 minutes)
c. Public comments and questions (up to 20 minutes – total supporters and opponents)
d. Applicant response to public comments and questions.
e. Planning Board questions and comments regarding the following items:
i. Components of the proposal that are not clear or where additional information is
needed in order to understand the project,
ii. Advice to the applicant on the presentation they will be making at the Board of
Commissioners meeting,
iii. Advice to parties speaking in opposition on what they may want to consider when
preparing for the Board of Commissioners meeting, and
iv. Advice for both parties on potential issues that should be addressed prior to the public
hearing.
f. Staff overview of next steps and the procedures for the Board of Commissioners meeting.
4. Close the Preliminary Forum.
Planning Board - September 4, 2025
ITEM: 3 - 1 - 1
S25-04 Staff Summary – Planning Board 9-4-2025 Page 1 of 16
STAFF SUMMARY FOR S25-04
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: S25-04
Requests:
S25-02 – R-15 Additional Dwelling Allowance
Applicant: Property Owner(s):
James Yopp with Hoosier Daddy, LLC Hoosier Daddy, LLC
Location: Acreage:
5669, 5671, 5713, 5831 Carolina Beach Road and
1051, 1055, 1052, 1046 Rosa Parks Lane 43.10
PID(s): Comp Plan Place Type:
R07600-004-027-000, R07600-004-028-000,
R07600-004-035-000, R07600-004-035-001,
R07600-004-037-000, R07600-004-038-000,
R07600-004-045-000, R07600-004-052-000
Urban Mixed Use and General Residential
Existing Land Use: Proposed Land Uses:
Vacant land with partial road infrastructure Maximum 291 mix of attached and multi-
family dwelling units
Current Zoning:
R-15, Residential
Planning Board - September 4, 2025
ITEM: 3 - 2 - 1
S25-04 Staff Summary – Planning Board 9-4-2025 Page 2 of 16
SURROUNDING AREA
LAND USE ZONING
North Coastal Christian High School and the Villages at Myrtle
Grove Shopping Center R-15 and B-2
East Single-Family Residential (Sentry Oaks Subdivision) R-15
South Single-Family Residential (Tarin Woods Subdivision) R-15
West Motorcycle sales, general retail, Autumn Care of Myrtle
Grove, and Single-Family Residential B-2 and R-15
ZONING HISTORY
April 7, 1971 Initially zoned R-15 (Area 5)
COMMUNITY SERVICES
Water/Sewer Public water available through CFPUA. Public sewer available through
connection to an existing force main.
Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire
District, New Hanover County Station 18.
Schools Porters Neck Elementary, Holly Shelter Middle, and Laney High Schools
Recreation Hanover Pines Park
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation
The conservation resource map indicates pocosin wetlands on the property;
however, they are not underlaid with Class IV soils. Pocosin wetlands require
Class IV soils to trigger additional development standards.
Historic No known historic resources
Archaeological No known archaeological resources
Planning Board - September 4, 2025
ITEM: 3 - 2 - 2
S25-04 Staff Summary – Planning Board 9-4-2025 Page 3 of 16
APPLICANT’S PROPOSED PLANS
Site Plan with Staff Markup
N
Access to Carolina Beach Road
Multi-Family
or Attached
Single Family
Amenity and
Open Space
Stormwater
Open Space
Proposed
Stormwater
Attached
Single Family
Existing
Stormwater
Stormwater
Planning Board - September 4, 2025
ITEM: 3 - 2 - 3
S25-04 Staff Summary – Planning Board 9-4-2025 Page 4 of 16
Project History
• In June 2025 the Board of Commissioners denied special use permit S25-02 for an Additional
Dwelling Allowance for 10.2 dwelling units per acre for a total of 444 dwelling units on parcels
that comprise much of the subject site.
• Section 10.2.10.F of the Unified Development Ordinance (UDO) states if an application
requiring a public hearing is denied, no application proposing the same or similar
development on all or part of the same land shall be submitted within one year after the date
of denial unless the Planning Director determines that
o There has been substantial change in the circumstances relevant to the issues or
facts considered during review of the prior application that might reasonably
affect the action of the decision-making body;
o New or additional information is available that was not available at the time of
review of the prior application that might reasonably affect the action of the
decision-making body;
o The new application proposed to be submitted is materially different from the
prior application; or
o The final decision on the prior application was based on material mistake of fact.
• The applicant revised and resubmitted a special use permit application by the August 1, 2025
deadline, in accordance with the ordinance requirements for Additional Dwelling Allowances.
• On August 18, the Board of Commissioners amended the UDO to permit Additional Dwelling
Allowances through the conditional rezoning process.
• Since the application was submitted before the amendment was adopted, it must be reviewed
under the prior ordinance standards.
• Planning staff reviewed the proposed application and determined the current request under
consideration is materially different from the prior denied application. The table below
outlines the primary differences between the two projects:
S25-02 – Denied Project S25-04 – Proposed Project
Density 10.2 dwelling units per acre 6.75 dwelling units per acre
Unit Count 444 units 291 units
Access No direct access to Carolina Beach
Road. Possible access to Rosa Parks
Lane.
Direct access to Carolina Beach Road.
Conditioned access to Rosa Parks
Lane.
Planning Board - September 4, 2025
ITEM: 3 - 2 - 4
S25-04 Staff Summary – Planning Board 9-4-2025 Page 5 of 16
Project Description
• The project features a collector road running north from the existing Tarin Woods
development that divides the project into a western section (outlined in Blue) and an eastern
section (outlined in Green).
• The project consists of eight parcels totaling 43.10 acres. The area outlined in Blue totals
approximately 13.10 acres, while the area outlined in Green is approximately 30 acres. The
area outlined in Green is a portion of a larger parent parcel, if approved the additional dwelling
allowance and conditions of approval would only apply to the acreage shown in the
application and on the concept plan.
• The project proposes a total of 291 residential units at a maximum density of 6.75 dwelling
units per acre.
• The concept plan includes 69 total buildings consisting of an amenity building and a mix of
multi-family, row-style, quadraplex, triplex, dual unit attached, and detached single-family
dwellings.
• The area outlined in Blue consists of 110 units across Buildings 29 – 45, 66, 67, and 69. The
concept plan includes a provision allowing flexibility in the unit type by proposing the options
for the following housing types: Multi-Family, Row-Style, Quadraplex, Triplex, Dual-Unit
Attached, and Detached Single-Family.
• This area with potential multi-family structures provides the possibility for a transitional
development pattern moving east through the amenity area to the central drive.
• The area outlined in Green consists of 181 units across Buildings 1 – 28 and 46 – 65. The
concept plan includes a provision allowing flexibility in the unit type by proposing the option
for the following attached housing types: Row-Style, Quadraplex, Triplex, Dual-Unit Attached,
and Detached Single-Family.
• The buildings in the eastern section do not allow multi-family development and would act as
a transition to the existing lower density, detached single-family development further east.
• Building 68 is proposed as a 3,060 square foot amenity building.
• The project includes a new access road with right-in, right-out access onto Carolina Beach
Road and a condition restricting access to Rosa Parks Drive unless the application reaches an
access agreement with the other residents of Rosa Parks Drive.
• The project does not include a road stub to the Coastal Christian property to the north.
Planning Board - September 4, 2025
ITEM: 3 - 2 - 5
S25-04 Staff Summary – Planning Board 9-4-2025 Page 6 of 16
ZONING CONSIDERATIONS
• Additional Dwelling Allowances are permitted in the R-15 district with approval of a Special
Use Permit and are subject to the requirements in Section 3.1.3.E of the UDO. These standards
generally address density, open space, utility and stormwater improvements, proximity to
higher density place types listed in the Comprehensive Land Use Plan, access, and impervious
surface limitations.
• Additional Dwelling Allowances require a minimum 35% open space. The minimum required
open space is 15.08 acres. The application shows the 15.11 acres of open space are provided,
slightly exceeding the requirement for a 43.10-acre project.
• The concept plan states the maximum building height for all structures is 40 feet which
complies with the R-15 height restrictions of the UDO.
• Additional Dwelling Allowances caps impervious surface at 40%. The application shows 17.24
acres of impervious surface, which is slightly below the 40% maximum for the site at both the
acreage listed in the application and the calculated acreage of the site. The site also includes
3.68 acres of pervious driveways and parking areas in the eastern portion of the site.
• As proposed, the application meets the minimum requirements of Section 3.1.3.E.
• If approved, the project would be subject to the Technical Review Committee and Zoning
Compliance review processes to ensure full compliance with all ordinance requirements and
specific conditions included in the approval. Only minor deviations from the approved
conceptual plan, as defined by the UDO, would be allowed.
Planning Board - September 4, 2025
ITEM: 3 - 2 - 6
S25-04 Staff Summary – Planning Board 9-4-2025 Page 7 of 16
AREA DEVELOPMENT
Target
Planning Board - September 4, 2025
ITEM: 3 - 2 - 7
S25-04 Staff Summary – Planning Board 9-4-2025 Page 8 of 16
TRANSPORTATION
CURRENT CONDITIONS
Intensity of Current Zoning Typical development under current zoning would allow a
maximum of 108 single-family dwelling units.
PROPOSED ACCESS
Primary Access Right-in, Right-out access onto Carolina Beach Road
Secondary Access Right-in, Right-out access onto Carolina Beach at Manassas Drive
Planning Board - September 4, 2025
ITEM: 3 - 2 - 8
S25-04 Staff Summary – Planning Board 9-4-2025 Page 9 of 16
EXISTING ROADWAY CHARACTERISTICS
Affected Roadway Carolina Beach Road
Type of Roadway State Highway
Roadway Planning Capacity
(AADT) 41,369
Latest Traffic Volume (AADT) -
2023 45,500
Latest WMPO Point-in-Time
Count (DT) 47,645
Current Level of Congestion Above Capacity
Sources
Source of Planning Capacity: WMPO
Source of Latest Traffic Volume: 2023
Source of WMPO Point-in-Time Count: South of Sanders Road,
July 1, 2024
NEARBY NCDOT STIP ROADWAY PROJECTS
U-5702B- S. College Rd.
Improvements
(2025 Right-of-way acquisition and
utilities)
- Access management and travel time improvements
along College Road between Shipyard Boulevard and
Carolina Beach Road
U-5790 – Monkey Junction
Intersection and Roadway
Improvements
(2029 Right-of-way acquisition and
utilities)
- Project to convert the intersection of Carolina Beach
Road and College Road to a continuous flow intersection.
- The project includes widening Carolina Beach Road
south of the intersection of Sanders Road.
TRAFFIC GENERATION
Traffic Generation
by Present
Designation
Traffic Generated
by Proposed
Project
Potential Impact
of Proposed
Project
AM Peak Hour Trips 81 146 +65
PM Peak Hour Trips 108 171 +63
Assumptions
Typical Development with Existing Zoning – 108 single family
dwelling units.
Proposed Development – 291 dwelling units.
Sources
Source of Trip Generation: ITE Trip Generation Manual, 11th ed
Planning Board - September 4, 2025
ITEM: 3 - 2 - 9
S25-04 Staff Summary – Planning Board 9-4-2025 Page 10 of 16
TRAFFIC IMPACT ANALYSIS (TIA)
The site’s projected traffic exceeds the 100 peak-hour trips that triggers the ordinance requirement for
a Traffic Impact Analysis (TIA). A TIA for a more intensive development was approved in 2022. For the
current proposal of 291 units, the applicant’s traffic engineers submitted traffic generation information
to NCDOT, WMPO, and County Planning staff, confirming it remained within the parameters of the 2022
TIA and the majority of the required improvements have been installed in previous sections of Tarin
Woods. As a result, no additional improvements were required.
Approval Date July 27, 2022
Revised Approval Date August 27, 2025
Development Proposal Analyzed 125 Detached Single-Family Dwellings and 241 Attached Single-
Family Dwellings
Study Intersections
- US 421 (Carolina Beach Road) at southbound to
northbound U-Turn near Rosa Parks Lane
- US 421 (Carolina Beach Road) at Sanders Road
- US 421 (Carolina Beach Road) at Beau Rivage
Marketplace driveway (Harris Teeter)
- US 421 (Carolina Beach Road) at Manassas Drive/Sharks
Eye Lane
- Manassas Drive at Shiloh Drive
- Myrtle Grove Road at Lt. Congleton Road
- US 421 (Carolina Beach Road) and site access north of
Rosa Parks – RI/RO
- US 421 (Carolina Beach Road) and site access south of
Tregembo Animal Park – egress only
Trip Generation
- 204 AM peak hour trips
- 255 PM peak hour trips
- 3,058 average daily trips
Traffic Data Collection - September 2, 2021 (US 421 at Sanders Road) and
December 9, 2021
Trip Distribution and
Assignment
- 65% to and from the north on US 421
- 20% to and from the south on US 421
- 5% to and from the west on Sanders Road
- 5% to and from the west on Beau Rivage Marketplace
Driveway
- 5% to and from the north on Myrtle Grove Road
Planning Board - September 4, 2025
ITEM: 3 - 2 - 10
S25-04 Staff Summary – Planning Board 9-4-2025 Page 11 of 16
Approved Developments &
Background Growth
- Tarin Woods II Development (215 single family detached
housing)
- Planned Roadway/Intersection Improvements
o Manassas Drive dual right turn lanes
o Beau Rivage Marketplace (Harris Teeter) leftover
- Full Build – 2026
- Growth Rate – 1% per year
Required Improvements
Phase 1A – Build year of 2023 for 125 single family detached
dwelling units
- No improvements required
Phase 1B – Build year of 2024 for 125 single family attached
dwelling units
- Extend southbound U-turn land on Carolina Beach Road
south of Rosa Parks Lane to provide 500 feet of storage,
50 feet of full width deceleration and 100 feet of taper
and optimize signal timings
- Construct the new proposed site access to Carolina
Beach Road with an internal protected stem of 175 feet
measured from the right-of-way line with right-in/right-
out ingress and egress lanes and stop controls on the
westbound approach.
- Construct a northbound right turn lane on Carolina
Beach Road from the U-turn bulb south of the proposed
access
Phase 2 – Build year of 2026 for 116 single family attached
dwelling units
- Construct a future third access into the site meeting
NCDOT roadway standards
SUMMARY
The proposed project lies north of the Tarin Woods subdivision and includes a new collector road
extending from the existing neighborhood to a new northern right-in, right-out access on Carolina
Beach Road. A condition limits access to the unimproved Rosa Parks Drive until an agreement is reached
with its adjoining property owners. A TIA approved in 2022 for the Tarin Woods development was
confirmed by the WMPO and NCDOT to be consistent with the proposed project and noted that most
required improvements were completed in earlier phases of Tarin Woods.
Planning Board - September 4, 2025
ITEM: 3 - 2 - 11
S25-04 Staff Summary – Planning Board 9-4-2025 Page 12 of 16
ENVIRONMENTAL
• The property is not within a Natural Heritage Area or the Special Flood Hazard Area.
• The property is within the Mott Creek and Everette Creek watersheds.
• Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the
property consist of Class I (Suitable), Class III (Severe Limitation), and Class IV (Unsuitable) soils;
however, the project is expected to be served by CFPUA water and sewer if developed.
• The conservation resource map indicates pocosin wetlands on the property however they are
not underlaid with Class IV soils which triggers additional development standards.
OTHER CONSIDERATIONS
Schools
PUBLIC SCHOOL ENROLLMENT ZONES
Elementary School Bellamy Elementary
2024-2025 Capacity 104%
Middle School Myrtle Grove Middle
2024-2025 Capacity 80%
High School Ashley High
2024-2025 Capacity 99.7%
STUDENT GENERATION RATES (SGRs)
Overall SGR (24-25) 0.19 public school students per residential unit
Elementary School SGR (24-25) 0.08 public school students per residential unit
Middle School SGR (24-25) 0.04 public school students per residential unit
High School SGR (24-25) 0.07 public school students per residential unit
Local Area SGR (24-25) 0.09 - Higher than the County-Wide Generation Rate
SGR Trend (20-21 to 24-25) Decrease of 0.05 public school students per residential
unit
POTENTIAL PROJECT STUDENT IMPACT
Intensity of Current Zoning: Typical Development under current zoning would allow
a maximum of 108 residential units.
Planning Board - September 4, 2025
ITEM: 3 - 2 - 12
S25-04 Staff Summary – Planning Board 9-4-2025 Page 13 of 16
Context and Compatibility
• The property is located between existing properties zoned and used for commercial purposes
along Carolina Beach Road and the existing Tarin Woods Subdivision, a lower density single-
family residential development.
• The proposed multi-family and attached housing type increases housing type diversity in the
area and acts as an appropriate transition between the Carolina Beach Road corridor and the
existing lower density residential development to the south and east.
• The property is located south of the Village at Myrtle Grove shopping center and Monkey
Junction commercial node providing services, amenities, and educational and employment
opportunities.
• Hanover Pines Park is south of the proposed project and accessible by bicycle, pedestrian, and
passenger vehicles without needing to access Carolina Beach Road.
• Most of the surrounding land is either single-family developments or commercial uses
intended to serve the surrounding homes.
Proposed Development: 291 residential units
Students
Generated by
Current Zoning
Students
Generated by
Proposed
Project
Potential Impact
of Proposed
Project
Elementary School 9 23 +14
Middle School 4 12 +8
High School 8 20 +12
TOTAL 21 55 +34
Sources 2024-2025 NHC Student Yield Analysis
SUMMARY
The proposed project is anticipated to be built out within five years, and currently, the elementary
school that serves the area is over capacity and the high school is nearing capacity. There are
private schools in the area such as Coastal Christian north of the development.
Planning Board - September 4, 2025
ITEM: 3 - 2 - 13
S25-04 Staff Summary – Planning Board 9-4-2025 Page 14 of 16
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. These place types are
intended to identify general areas for particular development patterns and should not be interpreted
as being parcel specific.
Future Land Use
Map Place Type
General Residential and Urban Mixed Use
Because of the general nature of place type borders, sites located in
proximity to the boundaries between place types could be appropriately
developed with either place type, allowing site-specific features and evolving
development patterns in the surrounding area to be considered.
Place Type
Description
General Residential: Focuses on lower-density housing and associated civic
and commercial services. Typically, housing is single-family or duplexes.
Commercial uses should be limited to strategically located office and retail
spaces, while recreation and school facilities are encouraged throughout.
Types of uses include single-family residential, low density multi-family
residential, light commercial, civic, and recreational.
Urban Mixed Use: Promotes development of a mix of residential, office, and
retail uses at higher densities. Types of uses encouraged include office, retail,
mixed use, small recreation, commercial, institutional, single-family, and
multi-family residential.
Planning Board - September 4, 2025
ITEM: 3 - 2 - 14
S25-04 Staff Summary – Planning Board 9-4-2025 Page 15 of 16
Analysis
The 2016 Comprehensive Plan classifies the majority of the property as
General Residential, which encourages single family and duplex residential
development at a maximum density of 8 dwelling units per acre.
The Urban Mixed Use place type promotes multi-family and higher density
single-family development to provide a range of housing types, opportunities,
and choices. The Urban Mixed Use place type does not recommend a
maximum density and identifies Monkey Junction as an appropriate area for
higher density development.
The requirements for an Additional Dwelling Allowance require a project to
be totally or primarily in, contiguous to, or within 250 feet of, the boundary of
areas classified as Employment Center, Urban Mixed Use, or Community
Mixed Use place types in the Comprehensive Plan.
Proposed Conditions
Applicant Proposed Conditions: (additional conditions may be added that will bring the
proposal in line with the required conclusions)
1. Existing trees shall be retained, or another appropriate traffic prevention measure shall be
established at the eastern terminus of Rosa Parks Lane to prevent vehicular ingress and
egress until such time a written agreement is reached to provide connectivity. An access
easement shall be recorded on the final plat from the edge of pavement to the property line
with Rosa Parks Lane to ensure the possibility of future access.
2. Dwelling types approved with this application may be reconfigured on the site and such
changes may be approved by staff without the requirement for a modification to the permit
so long as the changes do not substantially change the approved site design or exceed the
approved unit count or density.
3. A homeowners association meeting the following requirements shall be established prior to
the conveyance of the first lot.
a. When a plat or map is to be recorded, the maps or plat shall contain a Certificate
indicating the book and page number of the homeowner association covenants,
conditions, and restrictions;
b. Responsibilities for maintenance of private streets, open space, recreation facilities,
and other common areas shall be specified, including the ongoing maintenance of the
pervious concrete;
c. Responsibilities for exterior maintenance of attached dwelling units shall be specified;
and
d. The Association shall be authorized to rebuild damaged or destroyed portions of
structures containing attached dwelling units when the individual owner fails to do so.
Planning Board - September 4, 2025
ITEM: 3 - 2 - 15
S25-04 Staff Summary – Planning Board 9-4-2025 Page 16 of 16
PRELIMINARY FORUM
The Planning Board does not make a decision or recommendation on special use permits. The
board is requested to hear the presentation of staff, the applicant, and the public to facilitate an
open and transparent discussion of the special use permit application. Questions and comments
related to the following topics are encouraged:
• Components of the proposal that are not clear or where additional information is needed to
understand the project,
• Advice to the applicant on the presentation they will be giving to the Board of
Commissioners,
• Advice to the parties speaking in opposition on what they may want to consider when
preparing for the Board of Commissioners meeting, and
• Advice to both parties on potential issues that should be addressed before the public
hearing.
Following the Preliminary Forum the special use permit will be scheduled for the October 6 Board of
Commissioners meeting for a quasi-judicial hearing. There are four principal conclusions the Board
of Commissioners must make when considering a special use permit request based on clear,
substantial evidence presented at the hearing.
• Conclusion 1: The Board must find that the use will not materially endanger the public
health or safety where proposed and developed according to the plan as submitted and
approved.
• Conclusion 2: The Board must find that the use meets all required conditions and
specifications of the Unified Development Ordinance.
• Conclusion 3: The Board must find that the use will not substantially injure the value of
adjoining or abutting property or that the use is a public necessity.
• Conclusion 4: The Board must find that the location and character of the use if developed
according to the plan as submitted and approved will be in harmony with the area in which it
is to be located and in general conformity with the Comprehensive Land Use Plan for New
Hanover County.
Planning Board - September 4, 2025
ITEM: 3 - 2 - 16
Planning Board - September 4, 2025
ITEM: 3 - 3 - 1
Planning Board - September 4, 2025
ITEM: 3 - 4 - 1
Planning Board - September 4, 2025
ITEM: 3 - 5 - 1
Initial Application
Documents & Materials
Planning Board - September 4, 2025
ITEM: 3 - 6 - 1
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ITEM: 3 - 7 - 1
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ITEM: 3 - 7 - 18
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ITEM: 3 - 7 - 19
Planning Board - September 4, 2025
ITEM: 3 - 7 - 20
Traffic Impact Analysis
Planning Board - September 4, 2025
ITEM: 3 - 8 - 1
Planning Board - September 4, 2025
ITEM: 3 - 9 - 1
Planning Board - September 4, 2025
ITEM: 3 - 9 - 2
Planning Board - September 4, 2025
ITEM: 3 - 9 - 3
Planning Board - September 4, 2025
ITEM: 3 - 9 - 4
July 27, 2022 REVISED August 27, 2025
Mr. Chase T. Smith, PE
RFK Engineers, PLLC
5808 Faringdon Place, Box 9
Raleigh, North Carolina 27609
RE: Revised Approval with conditions letter for the Traffic Impact Analysis (TIA) associated with the
proposed Ironwood Residential development in New Hanover County, NC (adjacent to Tarin Woods II)
Dear Mr. Smith,
The WMPO, NCDOT, and New Hanover County staffs have reviewed the Ironwood Residential development TIA
(sealed June 30, 2022). This approval letter with conditions has been revised to reflect changes to the
proposed land uses and intensities. Based on the information provided and conversations held to date, it is
our understanding that the proposed development will consist of:
PHASE 1A – Build year of 2023
ITE Land Use Code 210 – Single Family Detached Housing – 125 DU
PHASE 1B – Build year of 2024
ITE Land Use Code 220 – Townhomes – 125 DU
PHASE 2 – Build year of 2026
ITE Land Use Code 220 – Townhomes housing – 116 DU
FULL BUILD – Build year of 2026
ITE Land Use Code 215 – Single Family Attached Housing – 291 DU
Based upon a review of the analysis, the following improvements are required by the developer:
US 421 and SB-NB U-turn south of Rosa Parks Lane (Signalized)
Phase 1A
No improvements are required
Planning Board - September 4, 2025
ITEM: 3 - 10 - 1
Revised Approval with Conditions for Ironwood Residential
Traffic Impact Analysis – New Hanover County
Page 2 of 4
Phase 1B
Extend southbound U-turn Lane on US 421 to provide 500 feet of storage and 50 feet of full width
deceleration and 100 feet of taper
Optimize signal timings
Phase 2
No additional improvements are required
US 421 and NB-SB U-turn south of Rosa Parks Lane (Unsignalized)
Phase 1A, 1B & 2
No improvements are required
US 421 and Sanders Road/Storage Driveway (Signalized)
Phase 1A, 1B & 2
No improvements are recommended.
US 421 and Beau Rivage Marketplace Driveway (Unsignalized)
Phase 1A, 1B & 2
No improvements are required.
US 421 and Manassas Drive (Signalized)
Phase 1A, 1B & 2
No improvements are required.
US 421 and Sharks Eye Lane (Signalized)
Phase 1A, 1B & 2
No improvements are recommended.
Manassas Drive and Shiloh Drive (Unsignalized)
Phase 1A, 1B & 2
No improvements are required.
Myrtle Grove Road and Lieutenant Conglenton Road (Unsignalized)
Phase 1A, 1B & 2
No improvements are required.
US 421 and Site Access 1 (Proposed unsignalized right-in/right-out intersection)
Phase 1A
No improvements are required.
Planning Board - September 4, 2025
ITEM: 3 - 10 - 2
Revised Approval with Conditions for Ironwood Residential
Traffic Impact Analysis – New Hanover County
Page 3 of 4
Phase 1B
Construct site access with an internal protected stem of 175 feet measured from the right-of-way line
and with one ingress lane and one egress lane (right-in/right-out only) and stop controls on the
westbound approach.
Construct a northbound right turn lane on US 421 from the U-turn bulb to the south of this access
Phase 2
No additional improvements are required
US 421 and Site Access 2 (Proposed unsignalized right-out only intersection)
Phases 1A & 1B
No improvements are required.
Phase 2
Construct site access with an internal protected stem of 100 feet measured from the right-of-way line
and one egress lane (right-out only) with stop controls on the westbound approach
If changes are made to the proposed site driveways and/or use, the current trip distribution may need to be
modified and would require a revised Traffic Impact Analysis to be submitted for review by the NCDOT, WMPO,
and New Hanover County, in which instance this approval would become null and void.
The applicant is required to obtain all applicable New Hanover County and NCDOT permits for access to the road
network. A copy of this TIA approval shall be included with any NCDOT driveway permit application. All applicable
NCDOT and New Hanover County technical standards and policies shall apply.
Please contact me at (910) 473 – 5130 if you have any questions regarding this approval.
Sincerely,
Caitlin M. Cerza
Transportation Planning Engineer
Wilmington Urban Area MPO
Planning Board - September 4, 2025
ITEM: 3 - 10 - 3
Revised Approval with Conditions for Ironwood Residential
Traffic Impact Analysis – New Hanover County
Page 4 of 4
Ec: Ben Hughes, PE, District Engineer, NCDOT
Jon Roan, Deputy District Engineer, NCDOT
Michael Bass, Assistant District Engineer, NCDOT
Frank Mike, Assistant District Engineer, NCDOT
Madi Lee, PE, Development Review Engineer, NCDOT
Stonewall Mathis, PE, Division Traffic Engineer, NCDOT
Bryce Cox, Senior Assistant Traffic Engineer, NCDOT
Nick Drees, Engineering Specialist, NCDOT
Abby Lorenzo, MPA, Deputy Director, WMPO
Luke Hutson, Engineering Associate, WMPO
Robert Farrell, Development Review Supervisor, New Hanover County
Amy Doss, Development Review Planner, New Hanover County
Zach Dickerson, Senior Development Review Planner, New Hanover County
Planning Board - September 4, 2025
ITEM: 3 - 10 - 4
Concept Plan
Planning Board - September 4, 2025
ITEM: 3 - 11 - 1
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Planning Board - September 4, 2025
ITEM: 3 - 12 - 1
Planning Board - September 4, 2025
ITEM: 3 - 12 - 2
Planning Board - September 4, 2025
ITEM: 3 - 12 - 3
SS
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Δ
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Planning Board - September 4, 2025
ITEM: 3 - 12 - 4
S
S
F
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143144145
148 149 150 151
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Δ
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Planning Board - September 4, 2025
ITEM: 3 - 12 - 5
Public Comments
In Support 0
Neutral 1
In Opposition 14
Planning Board - September 4, 2025
ITEM: 3 - 13 - 1
9
Farrell, Robert
From:noreply@civicplus.com
Sent:Tuesday, August 26, 2025 4:38 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27399 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Anthony
Last Name Melvin
Address 1035 Rosa Parks Lane
City Wilmington
State NC
Zip Code 28412
Email Ipulledthewagon@gmail.com
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Neutral
Public Comment James Yopp has come in as a good neighbor. He has cleaned
antiquated ditches and drainage systems on my property and
on the end of the lane. He has put two large retention ponds in
the area. The ditch maintenance and ponds have lowered the
normal water level in my back ditch by 8". My property is the
lowest area on the lane. During the recent 10" monsoon in a
10-hour period; both ponds did their jobs and filled up to the
brim and then overflowed after about 7 hours of rain. My back
ditch overflowed about the same time since it is a primary
Planning Board - September 4, 2025
ITEM: 3 - 13 - 2
10
outlet for the functioning old drainage system. The problem
was that the ditch and culverts north of our property were too
small to handle the flow and it backed up into the ponds; then
into my yard and up to the house across the street at 1040
Rosa Parks Lane. I purchased the property in 2017 and have
never seen the water in my back ditch more than a third of the
way up and have never flooded. The neighbor's house is an
acre away from the pond. I say NO until there is a
comprehensive drainage study and plan done to get the water
out of here to the north behind the Post office. Do a traffic study
TODAY. Not a year ago! Target, Chipotle, and now Taran
Woods: all adding to an intersection that has cars already
backed up to the zoo due to a suddenly way too short double
turning left lane onto 421S at the junction. I say NO until there
is a CURRENT traffic study and action plan in place
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Planning Board - September 4, 2025
ITEM: 3 - 13 - 3
1
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, August 27, 2025 9:27 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27438 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name JEAN
Last Name RITTER
Address 802 Liberty Landing Way
City Wilmington
State NC
Zip Code 28409
Email jean.ritter@yahoo.com
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment I don't understand why they keep coming back to do the same
thing we voted against the last time.. Nothing has changed, we
didn't have the infrastructure then, and we still don't have the
infrastructure for the new homes they have already built.
Manassas Drive is a traffic jam in the morning and all the
people still making illegal U-turns at that light make it even
more difficult to get out of our subdivision. Tarin Woods
builders have not done anything to alleviate this situation.
Planning Board - September 4, 2025
ITEM: 3 - 13 - 4
2
We also do not have the schools for these new families. They
are already overflowing.
Thank you in advance.
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Planning Board - September 4, 2025
ITEM: 3 - 13 - 5
3
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, August 27, 2025 7:10 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27433 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Cassie
Last Name Howell
Address 720 Rivage Promenade
City Wilmington
State NC
Zip Code 28412
Email Field not completed.
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment Please stop with the overdevelopment of our beautiful county.
The infrastructure cannot handle any more traffic, the schools
are overcrowded and underfunded, the police and sheriff
departments are understaffed and the medical community is
unable to support the population growth. Not to mention our
town is looking like a concrete jungle with a disappearing tree
canopy.
Planning Board - September 4, 2025
ITEM: 3 - 13 - 6
5
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, August 27, 2025 6:19 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27430 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Jane
Last Name Costa
Address 1418 big cypress loop
City Wilmington
State Nc
Zip Code 28409
Email jcostaedd@comcast.net
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment The infrastructure around this proposed development can't
handle the traffic increase. Please stop all this development.
Upload supporting files
If you need to support your comment with documentation, upload text and photo
files here. No more than 20MB in size total for all files. File types accepted are: doc,
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Planning Board - September 4, 2025
ITEM: 3 - 13 - 7
7
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, August 27, 2025 4:27 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27428 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name James
Last Name Morton
Address 1013 black ash run
City Wilmington
State North Carolina
Zip Code 28409
Email Jamesmorton34@gmail.com
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment As a resident of Tarin woods for 4 years, this is Yopp’s/ who’s
your daddy llc 5th time trying to rezone this property for
apartments . And has been denied 5 times so I can only
imagine someone put money in some one’s pocket to get going
again.
Upload supporting files
Planning Board - September 4, 2025
ITEM: 3 - 13 - 8
11
Farrell, Robert
From:noreply@civicplus.com
Sent:Saturday, August 23, 2025 10:12 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27344 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Sarah
Last Name Daknis
Address 335 Alderwood Ave
City Wilmington
State North Carolina
Zip Code 28405
Email Halloran.sarah@yahoo.com
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment Stop building these ugly cookie cutter homes everywhere and
cutting down trees.
Upload supporting files
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files here. No more than 20MB in size total for all files. File types accepted are: doc,
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Planning Board - September 4, 2025
ITEM: 3 - 13 - 9
13
Farrell, Robert
From:noreply@civicplus.com
Sent:Saturday, August 23, 2025 9:34 AM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27343 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Christine
Last Name Jones
Address 132 Helmsman Dr
City Wilmington
State NC
Zip Code 28412
Email Crjones827@gmail.com
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment Absolutely NOT! Just having the Target Superstore there will
create a traffic nightmare. Putting in 280 townhomes will simply
make things worse. What is wrong with some lovely green
space?
Upload supporting files
Planning Board - September 4, 2025
ITEM: 3 - 13 - 10
15
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, August 20, 2025 9:14 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27285 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Autumn
Last Name Perkins
Address 1409 Elgin St
City Wilmington
State NC
Zip Code 28409-4552
Email autumnwhs04@gmail.com
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment We do not have the road systems in place to handle the
amount of traffic this would bring. Traffic here is already
horrible, congested and packed. We do not need nor want this
type of housing here. I support single family homes, not this.
This is a money grab and will make everyone who already lives
here suffer. Big vote on the no!
Upload supporting files
Planning Board - September 4, 2025
ITEM: 3 - 13 - 11
17
Farrell, Robert
From:noreply@civicplus.com
Sent:Wednesday, August 20, 2025 6:42 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27282 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Monica
Last Name Filyaw
Address 825 Cupola Drive
City Wilmington
State NC
Zip Code 28409
Email mfilyaw@gmail.com
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment I read the TIA. I don’t agree with the no impact / no
recommendation for Myrtle Grove Rd. I am concerned about
the increased traffic congestion, especially during emergencies
and evacuations.
I am concerned about further overcrowding of the schools in
the area south of Monkey Junction. There already is a shortage
of buses and funding.
Planning Board - September 4, 2025
ITEM: 3 - 13 - 12
18
While this area may not be a flood zone is it wise to add so
much impervious area so close to the coast when storms are
getting stronger and more frequent?
Do all the utilities have the capacity to take on an additional
291 households? Is there enough water, sewer, electricity,
landfill space, stormwater capacity?
Will these be rentals? Our county does not have enough
affordable housing. People do not want to be renters forever.
They want to be homeowners.
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If you need to support your comment with documentation, upload text and photo
files here. No more than 20MB in size total for all files. File types accepted are: doc,
docx, ppt, pptx, txt, rtf, odf, csv, xls, xlsx, pdf, jpg, png and static gif.
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Planning Board - September 4, 2025
ITEM: 3 - 13 - 13
19
Farrell, Robert
From:noreply@civicplus.com
Sent:Tuesday, August 19, 2025 9:44 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27252 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Jeffrey
Last Name Brunsink
Address 702 San Jose Dr
City Wilmington
State NC
Zip Code 28412
Email Jbrunsink7@gmail.com
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment Stop the crazy over development of New Hanover County! The
infrastructure cannot support the existing population and you
continue to approve more and more residential units when we
are already overcrowded. The road system in insufficient for
the number of car right now. Stop adding to the insanity.
Upload supporting files
Planning Board - September 4, 2025
ITEM: 3 - 13 - 14
21
Farrell, Robert
From:noreply@civicplus.com
Sent:Tuesday, August 19, 2025 8:58 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27250 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Andrea
Last Name Krizner
Address 1104 petite ct
City Wilmington
State Nc
Zip Code 28412
Email Andreakrizner@yahoo.com
Please select the case
for comment.
BOC Meeting - S24-04 – Bayshore Townhomes Multi-Family in
B-2
What is the nature of
your comment?
Oppose project
Public Comment If i could select all, I would. If i selected the correct one . . . To
build behind the mj post office is ridiculous. It took target to
finally fill the pothole i lost 2 tires in over the years.
The state and county are unable to support the infrastructure
needs as is. To continue relaying on corporate to do your job is
insane.
Housing is unaffordable as is, to keep building overpriced low
Planning Board - September 4, 2025
ITEM: 3 - 13 - 15
22
quality projects is insane. #stop themadness! Its okay to say
NO to a developer.
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If you need to support your comment with documentation, upload text and photo
files here. No more than 20MB in size total for all files. File types accepted are: doc,
docx, ppt, pptx, txt, rtf, odf, csv, xls, xlsx, pdf, jpg, png and static gif.
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Planning Board - September 4, 2025
ITEM: 3 - 13 - 16
23
Farrell, Robert
From:noreply@civicplus.com
Sent:Tuesday, August 19, 2025 8:30 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27249 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Joyce
Last Name Ingraham
Address 5530 Peden Point Rd
City Wilmington
State NC
Zip Code 28409
Email benjoycei@aol.com
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment New Hanover County is overbuilt already. There is nowhere for
wildlife to live. Run off from the excess traffic and lawn
chemicals is poisoning our waters, killing the breeding grounds
for all seafood. Over taxes our infrastructure. The traffic is
already unmanaged. It's shameful to even think of building
ANYTHING more in New Hanover County.
Upload supporting files
Planning Board - September 4, 2025
ITEM: 3 - 13 - 17
25
Farrell, Robert
From:noreply@civicplus.com
Sent:Tuesday, August 19, 2025 5:17 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27245 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Kim
Last Name Hanson
Address 1012 Sabal Ct
City Wilmington
State Nc
Zip Code 28409
Email Khanson5@ec.rr.com
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment Please stop the building in Monkey Junction. Traffic on
Masonboro Loop Rd. College Rd and CB Beach Rd is already
horrible. Also it affects wildlife, flooding, schools.
Masonboro Loop Rd cannot handle more traffic. It takes forever
to make a turn onto it.
Upload supporting files
Planning Board - September 4, 2025
ITEM: 3 - 13 - 18
27
Farrell, Robert
From:noreply@civicplus.com
Sent:Tuesday, August 19, 2025 4:04 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27242 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Mark
Last Name Russell
Address 6213 Lydden Road
City Wilmington
State NC
Zip Code 28;09
Email markrussell3103@gmail.com
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment The infrastructure cannot support this development without
detrimental repercussions for the area. Traffic impacts will be
substantial.
Upload supporting files
Planning Board - September 4, 2025
ITEM: 3 - 13 - 19
29
Farrell, Robert
From:noreply@civicplus.com
Sent:Tuesday, August 19, 2025 3:52 PM
To:May, Katherine; Roth, Rebekah; Vafier, Ken; Farrell, Robert; Doss, Amy; Dickerson,
Zachary; Beil, Ryan; Watson, McCabe
Subject:Online Form Submission #27240 for Public Comment Form
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Public Comment Form
Public Comment Form
The agenda items listed are available for public comment at an upcoming Planning
Board or Board of Commissioners meeting. Comments received by 8 AM the day of
the applicable meeting will be made available to the Board prior to that meeting and
will be included as part of the permanent, public record for that meeting.
First Name Dave
Last Name Kuehner
Address 4533 pine hollow drive
City Wilmington
State Nc
Zip Code 28412
Email Field not completed.
Please select the case
for comment.
PB Meeting - S25-04 – Tarin Woods Additional Dwelling
Allowance
What is the nature of
your comment?
Oppose project
Public Comment Stop the building.
Upload supporting files
If you need to support your comment with documentation, upload text and photo
files here. No more than 20MB in size total for all files. File types accepted are: doc,
docx, ppt, pptx, txt, rtf, odf, csv, xls, xlsx, pdf, jpg, png and static gif.
Planning Board - September 4, 2025
ITEM: 3 - 13 - 20