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Article4_Unified Development Ordinance_Updated_03-21-2022 Unified Development Ordinance | New Hanover County, NC 4-1 Article 4: Uses and Use-Specific Standards Section 4.1. Categorization of Principal Uses 4.1.1. ORGANIZATION A. For the purposes of this UDO, principal land uses and activities are classified into five general “use classifications,” namely Agricultural, Residential, Civic & Institutional, Commercial, and Industrial, and then into specific “use categories” (e.g., Household Living within the Residential use classification) that are based on common functional, product, or physical characteristics, such as the type and amount of activity, the type of customers or residents, how goods or services are sold or delivered, and site conditions. Use categories may be further organized into “use types” (e.g., Townhouse Dwelling within the Household Living category) where there are a number of possible variations of a use category. An additional layer of organization is included in the Industry & Manufacturing use category to group use types under three-digit NAICS codes for ease of reference. The organization and classification of principal uses in this UDO provides a systematic basis for assigning present and future land uses into appropriate zoning districts. B. The principal use of a parcel of land or structure is the primary or predominant purpose to which it is devoted and may include customary and ancillary uses that are associated with or support the principal use. A parcel of land may contain more than one principal building or structure. 4.1.2. APPLICATION AND INTERPRETATION A. Permitted Uses and Approval Process 1. If a use is specifically listed and the applicant demonstrates that the use complies with the requirements of this UDO, including any applicable use- specific standards, that use and only that specific use may be authorized in accordance with the procedures and standards in Article 10: Administrative Procedures. No other uses may be substituted for the use requested. 2. Multiple uses may be permitted on a parcel where the site layout can be achieved in compliance with applicable zoning district standards, use standards, and development standards. Each use must be approved in accordance with the procedures and standards in Article 10: Administrative Procedures. B. Interpretation of Uses 1. New or unlisted uses may be interpreted into the Table 4.2.1: Principal Use Table, though the process outlined in Section 4.1.3: Classification of New or Unlisted Uses. 2. If a use is identified in a specific use category in Table 4.2.1: Principal Use Table, it may not be interpreted into a different use category even though it may broadly fit within the use category. 4-2 New Hanover County, NC | Unified Development Ordinance 4.1.3. CLASSIFICATION OF NEW OR UNLISTED USES A. Interpretation Process The County recognizes that new types of land uses will develop, and applicants may seek to locate land uses not anticipated in this UDO. When a use category or use type is proposed that is not specifically listed, the Planning Director shall make a determination as to the appropriate classification of any new or unlisted form of land use based on the criteria listed in subsection B below. B. Interpretation Criteria 1. The Planning Director is authorized to classify uses on the basis of the use category, subcategory, or use type, or if the use appears to fit into multiple categories, subcategories, or use types; the Planning Director is authorized to determine the most similar, and thus most appropriate, use category, subcategory, or use type based on the actual or projected characteristics of the principal use or activity in relationship to the use category, subcategory, and use type descriptions provided in this Ordinance. In making such determination, the Planning Director shall consider: a. The types of activities that will occur in conjunction with the use; b. The types of equipment and processes to be used; c. The existence, number, and frequency of residents, customers, or employees; d. Parking demands associated with the use; e. Any special public utility requirements for serving the proposed use type, including but not limited to electricity, water supply, wastewater output, pretreatment of wastes and emissions required or recommended, and any significant power structures or infrastructure and communications towers and facilities; f. The impact on adjacent structures, uses, or lands created by the proposed use type, which should not be greater than that of other use types in the zone district; and g. Other factors deemed relevant to a use determination. 2. If a use can reasonably be classified in multiple categories, subcategories or specific use types, the Planning Director shall categorize the use in the category, subcategory, or use type that most closely matches the number of factors met and identify the key reasons for that determination. 4.1.4. USE CLASSIFICATIONS A. Agricultural Uses This is a classification of uses characterized by active and ongoing agricultural and forestry uses, activities, and related uses. An agricultural use, in general, means the use of and for the growing and production of field crops, trees and plants, livestock, aquatic, and animal products for the production of income. Other Unified Development Ordinance | New Hanover County, NC 4-3 agricultural uses might include fruit and vegetable stands, livestock sales, wholesale nurseries, and stables. B. Residential Uses This is a classification of uses made up of structures intended for ongoing and continuous human habitation. C. Civic & Institutional Uses This classification of uses encompasses public, quasi-public, and private uses that provide services of benefit to the public at-large. D. Commercial Uses This is a classification of uses that includes any retail, consumer service, or office use. E. Industrial Uses This classification of uses primarily involves the processing of raw materials and manufacture of goods but also includes the storage or shipment of goods and treatment of waste, large-scale power generation, and processing and disposal of waste and other materials. Section 4.2. Allocation of Principal Uses 4.2.1. PRINCIPAL USE PERMISSIONS Table 4.2.1: Principal Use Table, identifies which uses are permitted by right, permitted subject to approval of a special use permit, and prohibited in each zoning district. Permissions for the RFMU and EDZD districts are outlined in Article 3: Zoning Districts. The meanings of abbreviations in Table 4.2.1 are set forth in subsections A through D below. A. A “P” in a cell indicates the use is permitted by right in the zoning district. Permitted uses, except for exempt bona fide farm uses, are subject to all other applicable standards of this UDO. B. An “S” in a cell indicates that the use is allowed only if reviewed and approved as a special use in accordance with Section 10.3.5, Special Use Permit. Special uses are subject to all other applicable standards of this UDO. C. An asterisk (“*”) beside a “P” or an “S” in a cell indicates that the use is subject to use-specific standards, as outlined in Section 4.3, Standards for Specified Principal Uses, in the respective zoning district. D. A blank cell indicates that the use is not allowed in the respective zoning district. 4 New Hanover County, NC | Unified Development Ordinance Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Agricultural uses Agricultural and Forestry Uses, General [11-16-2020] P P P P P P P P P P P P P P P P P P P P P P P Livestock Sales P Stable [11-16-2020] P P* P* P* P* P P P P 4.3.1 Wholesale Nursery P P P P P P P P P P P P P P P P P Residential uses Household Living Dwelling, Dual-Unit Attached P* P* P* P* P P P P P P P S* S* P 4.3.2 Dwelling, Multi-Family [05-03-2021] P* P* P* P* P* P* P* P* P* P* S* S* P* 4.3.2 Dwelling, Quadraplex P* P* P* P* P P P P P P P S* S* P 4.3.2 Dwelling, Single-Family Detached P P P P P P P P P P P P P P S* S* P P 4.3.2 Dwelling, Triplex P* P* P* P* P P P P P P P S* S* P 4.3.2 Dwelling, Row-Style P* P* P* P* P P P P P P P S* S* P 4.3.2 Dwelling, Two-Family (Duplex) S P S P P P P P P P P S* 4.3.2 Live/Work or Caretaker Unit P* P* S* S* S* P* S* S* S* 4.3.2 Mobile Home S P S P P P S* S* 4.3.2 Mobile Home, Doublewide P* P* P* P* P* P* P* S* S* 4.3.2 Mobile Home Park S* S* S* S* P 4.3.2 Mobile Home Subdivision S S S S S S Senior Living: Independent Living Retirement Community [11- 16-2020] S S S S S P P P P P P P S Group Living Family Care Home P* P* P* P* P* P* S* P* P* P* P* P* P* P* P 4.3.2 Unified Development Ordinance | New Hanover County, NC 5 Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Fraternity/Sorority Residence S* S* S* S* P* P* P* P* 4.3.2 Group Home P* P* P* P* P* P* P* P* P* P* P* P* P* P* S* S* 4.3.2 Senior Living: Assisted Living Facility [11-16-2020][03-21-2022] S* S* S* S* S* S* S* S* S* P* P* S* S* S* 4.3.2 Senior Living: Continuing Care Retirement Community [11-16-2020] S* S* S* S* S* S* S* S* S* P* P* S* S* 4.3.2 Civic and Institutional Child and Adult Care Adult Day Care S* S* S* S* S* S* S* S* S* S* S* P* P* P* P* 4.3.3 Child Care Center S S S S S S S S S S S P P P P P P P S S Family Child Care Home P* P* P* P* P* P* P* P* P* P* P* P P S S S 4.3.3 Civic Animal Shelter [11-16-2020] S* S* S* S* P P P P P S P P P P 4.3.3 Community Center [11-16-2020] S S S S S S S S S S S S P P P P P P P Food Pantry [11-16-2020] P* P* 4.3.3 Library P P P P P P S P P P P P P P P P P P P Lodges, Fraternal, & Social Organizations [11-16-2020] S* S* S* S* S* S* S* P P P P P P P 4.3.3 Museum P P P P P P P P Religious Assembly [11-16-2020] P P P P P P P* P* P* P* P* P* P P P* P* P P P P* P P P 4.3.3 Communication and Information Facilities Amateur Radio Antennas (up to 90 ft.) P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 6 New Hanover County, NC | Unified Development Ordinance Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Antenna & Towers less than 70 ft. in Height & Ancillary to the Principal Use P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Collocation, Wireless [09-08-2020] P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Non-Substantial Modification [09- 08-2020] P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Other Wireless Communication Facilities including Wireless Support Structures & Substantial Modifications[09-08-2020][03-21-2022] S* S* S* S* S* S* S* S* S* S* S* S* S* S* P* P* P* P* P* P* P* P* P* 4.3.3 Educational Services Colleges, Universities, and Professional Schools S S S S S S P P P P P Elementary and Secondary Schools P P P P P S S S S S S P P P Vocation or Trade School S S S S S S P P P P P Government Services Emergency Services Facility [11-16-2020] P P P P P P P P P P P P P P P P P P P P P P P Government Offices and Buildings S P S S S S S P P P P P P P P P P P P P P P P Post Office [11-16-2020] P P P P P P P P P P P Health Care Facilities Hospice [11-16-2020] S S S S S P P P P P P P P P Hospital S S S* S* S* S P P P P 4.3.3 Unified Development Ordinance | New Hanover County, NC 7 Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Medical and Dental Office and Clinic P P P P P P P P P P P Nursing and Rehabilitation Center S* S* S* S* S* S* S* S* S* S* S* P P S* P P 4.3.3 Urgent Care Facility [11-16-2020] P* P* P* P* P* P* 4.3.3 Recreation, Parks, and Open Space Boating Facility, Community S* S* S* S* S* S* S* S* S* S* S* S* S* S* 4.3.3 Boating Facility, Private Residential P* P* P* P* P* P* P* P* P* P* P* P P* P* 4.3.3 Cemetery S* S* S* S* S* S* S* S* S* S* S* S* S* S* 4.3.3 Community Garden [11-16-2020] P P P P P P P P P P P P P P P P P P P P P P P Golf Course P P P P P P P P P P P P P Park and Recreation Area P P P P P P P P P P P P P P P P P P P P P P P Transportation Airport and Terminal P P P P P Bus and Taxi Terminal [11-16-2020] P P P P P P P Heliport P P P P P Marina, Commercial S* S* S* S* S* S* S* S* S* S* S* P P S* P P P P P 4.3.3 Marina, Commercial with Floating Structures [11-16-2020] S* S* S* S* S* S* S* S* S* 4.3.3 Railroad Freight Depot P P P Railroad Passenger Terminal P P P Water Transportation Facilities P P P P P P Utilities Electric Substation S S S S S S S* S* S* S* S* P P P P P P P P P P P 4.3.3 8 New Hanover County, NC | Unified Development Ordinance Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Solar Energy Collection Facility S P P Utility Lines, Structures, and/or Facilities; General P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.3 Commercial Uses Amusement & Entertainment Uses Adult Entertainment Establishment S* 4.3.4 Bar/Nightclub P P P P P P Electronic Gaming Operation P* S* P* S* 4.3.4 Event Center [11-16-2020] P P P* P* P P 4.3.4 Indoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P P P P 4.3.4 Outdoor Recreation Establishment S* S* S* S* S* S* S* S* S* S* S* S* P P P P P S* P P S P P 4.3.4 Outdoor Shooting Range S* S* 4.3.4 Animal Services Animal Grooming Service [11-16-2020] P P P* P* P P* P P P P 4.3.4 Equestrian Facility [11-16-2020] P P* P* P* P* P P P P 4.3.4 Kennel [11-16-2020] S S* S* S* P P P P P S P P P P 4.3.4 Veterinary Service [11-16-2020] P P P P P P P P P P Commercial Services Bank and/or Financial Institution P P P P P P P P P Business Service Center P P P P P P P P P Commercial Parking Lot or Facility P P P Unified Development Ordinance | New Hanover County, NC 9 Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Funeral Services P P P P P P Mini-Warehouse/Self-Storage P P P P P P P Off-Premises Advertising P* P* P* 4.3.4 Repair Shop P P P P P P P P Food & Drink Commercial Kitchen, Catering [11-16-2020] P P P P P P P P Microbrewery/Microdistillery [11-16-2020] P P P P P P P P P Restaurant P P P P P P P P P P Lodging Bed and Breakfast Inn S* S* S* S* S* P 4.3.4 Campground/Recreational Vehicle (RV) Park S* S* S* S* S* S* P* P* 4.3.4 Hotel or Motel P P P P P P Office Contractor Office P S P* P* P P P P P 4.3.4 Labor Organization P P P P P Offices for Private Business and Professional Activities P P P P P P P P P P P Personal Services Dry Cleaning/Laundry Plant P P P P P P P Instructional Services and Studios [11-16-2020] P P P P P P P P P P Personal Services, General P P P P P P P P P P 10 New Hanover County, NC | Unified Development Ordinance Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Retail Sales Auction House [11-16-2020] P P P Convenience Store [11-16-2020] S* S* S* S* S* P P P P P S P P P P 4.3.4 Food Market P P P P P P P P Grocery Store P P P P P P P P Oil or Gas Dealer, Retail [11-16-2020] P P P P Pharmacy P P P P P P P P P Retail Nursery S P P P P P P P P Retail Sales, Building and Construction Supplies P P P P P P P Retail Sales, General P P P P P P P P P Vehicle & Equipment Sales & Service Boat Dealer P P P P P P Car Wash P S P P* P P P P P P 4.3.4 Equipment Rental and Leasing P S P P P P P Farm Implement Sales P P P P P P P Fuel Sales S* P* S* P* P* P* P* P* P* P* P* 4.3.4 Mobile Home and Prefab Building Sales P P P P P Transportation Vehicle Service and Storage Facility [11-16-2020] S S P P Vehicle Rentals P S P* P P P 4.3.4 Vehicle Sales P P P P P P Vehicle Service Station, Large Vehicles P P P P P P Unified Development Ordinance | New Hanover County, NC 11 Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Vehicle Service Station, Minor [11-16-2020] P S P* P* P P P P P P 4.3.4 Vehicle Service Station, Major P P P P P P Vehicle Towing Service and Storage Yard P S P P P P P P P 4.3.4 Industrial Uses Design & Technology Services Broadcasting and Production Studio P P P P S P P Data Center [11-16-2020] P P P P Research and Development Facility P P P P P P P P Industry & Manufacturing Artisan Manufacturing [11-16-2020] P P P P* P* P P P P P 4.3.5 311 Food Manufacturing Animal Food Manufacturing (NAICS 3111) P S S P P P Bakeries and Tortilla Manufacturing (NAICS 3118) P S S P P P Dairy Product Manufacturing (NAICS 3115) P S S P P P Fruit and Vegetable Preserving and Specialty Food Manufacturing (NAICS 3114) P S S P P P 12 New Hanover County, NC | Unified Development Ordinance Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Grain and Oilseed Manufacturing (NAICS 3112) P S S P P P Other Food Manufacturing (NAICS 3119) P S S P P P Seafood Product Preparation and Packaging (NAICS 3117) P S S P P P Sugar and Confectionary Product Manufacturing (NAICS 3113) P S P P P P 312 Beverage & Tobacco Product Manufacturing Beverage Manufacturing (NAICS 3121) P S S P P P Tobacco Manufacturing (NAICS 3122) S P 313 Textile Mills Fabric Mills (NAICS 3132) S S P Fiber, Yarn, and Thread Mills (NAICS 3131) S S P Textile and Fabric Finishing and Fabric Coating Mills (NAICS 3133) S S P 314 Textile Product Mills Other Textile Product Mills (NAICS 3149) S S S P Textile Furnishings Mill (NAICS 3141) S S S P Unified Development Ordinance | New Hanover County, NC 13 Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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-2 315 Apparel Manufacturing Apparel Accessories and Other Apparel Manufacturing (NAICS 3159) P P P P Apparel Knitting Mills (NAICS 3151) S S S P Cut and Sew Apparel Manufacturing (NAICS 3152) P P P P 316 Leather and Allied Product Manufacturing Footwear Manufacturing (NAICS 3162) P P P P Leather and Hide Tanning and Finishing (NAICS 3161) S P Other Leather and Allied Product Manufacturing (NAICS 3169) P P P P 321 Wood Product Manufacturing Other Wood Product Manufacturing (NAICS 3219) S S P Sawmills and Wood Preservation (NAICS 3211) S S P Veneer, Plywood, and Engineered Wood Product Manufacturing (NAICS 3212) S P S P 322 Paper Manufacturing Converted Paper Product Manufacturing (NAICS 3222) S P 14 New Hanover County, NC | Unified Development Ordinance Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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-2 323 Printing & Related Support Activities Printing and Related Support Activities (NAICS 3231) P S S P P P 325 Chemical Manufacturing Basic Chemical Manufacturing (NAICS 3251) S P Other Chemical Product and Preparation (NAICS 3259) [Except Explosives Manufacturing (NAICS 325920) and All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998)] S P Paint, Coating, and Adhesive Manufacturing (NAICS 3255) S P Pharmaceutical and Medicine Manufacturing (NAICS 3254) P P P Resin, Synthetic Rubber, and Artificial Synthetic Fibers and Filaments Manufacturing (NAICS 3252) S P Soap, Cleaning Compound, and Toilet Preparation Manufacturing (NAICS 3256) S P 326 Plastics & Rubber Products Manufacturing Plastics Product Manufacturing (NAICS 3261) S S P Unified Development Ordinance | New Hanover County, NC 15 Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Rubber Product Manufacturing (NAICS 3262) S P 327 Nonmetallic Mineral Product Manufacturing Cement and Concrete Product Manufacturing (NAICS 3273) [Except Cement Manufacturing (NAICS 32731)] S P Clay Product and Refractory Manufacturing (NAICS 3271) S P Glass and Glass Product Manufacturing (NAICS 3272) S P Other Nonmetallic Mineral Product Manufacturing (NAICS 3279) S P 331 Primary Metal Manufacturing Alumina and Aluminum Production and Processing (NAICS 3313) [Except Alumina Refining and Primary Aluminum Production (NAICS 331313) and Secondary Smelting and Allowing of Aluminum (NAICS 331314)] S P Iron and Steel Mills and Ferroalloy Manufacturing (NAICS 3311) S P 16 New Hanover County, NC | Unified Development Ordinance Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Nonferrous Metal (except Aluminum) Production & Processing (NAICS 3314) S P Steel Product Manufacturing from Purchased Steel (NAICS 3312) S P 332 Fabricated Metal Product Manufacturing Architectural and Structural Metals Manufacturing (NAICS 3323) S S P Boiler, Tank, and Shipping Container Manufacturing (NAICS 3324) S S P Coating, Engraving, Heat Treating, and Allied Activities (NAICS 3328) S P Cutlery and Handtool Manufacturing (NAICS 3322) P S S P P P Forging and Stamping (NAICS 3321) S P Hardware Manufacturing (NAICS 3325) P S S P P P Machine Shops: Turned Product; and Screw, Nut, and Bolt Manufacturing (NAICS 3327) S P Other Fabricated Metal Product Manufacturing (NAICS 3329) S S S P Unified Development Ordinance | New Hanover County, NC 17 Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Spring and Wire Product Manufacturing (NAICS 3326) P S S P P P 333 Machinery Manufacturing Agriculture, Construction, and Mining Machinery Manufacturing (NAICS 3331) P S S P P P Commercial and Service Industry Machinery Manufacturing (NAICS 3333) P S P P P P Engine, Turbine, and Power Transmission Equipment Manufacturing (NAICS 3336) P S P P P P Industrial Machinery Manufacturing (NAICS 3332) P S P P P P Metalworking Machinery Manufacturing (NAICS 3335) P S S P P P Other General Purpose Machinery Manufacturing (NAICS 3339) P S P P P P Ventilation, Heating, Air- Conditioning, and Commercial Refrigeration Equipment Manufacturing (NAICS 3334) P S S P P P 334 Computer and Electronic Product Manufacturing Audio and Video Equipment Manufacturing (NAICS 3343) P S S P P P 18 New Hanover County, NC | Unified Development Ordinance Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Communications Equipment Manufacturing (NAICS 3342) P S S P P P Computer and Peripheral Equipment Manufacturing (NAICS 3341) P S S P P P Navigational, Measuring, Electromedical, and Control Instruments Manufacturing (NAICS 3345) P S P P P P Manufacturing and Reproducing Magnetic and Optical Media (NAICS 3346) P S S P P P Semiconductor and Other Electronic Component Manufacturing (NAICS 3344) P S S P P P 335 Electrical Equipment, Appliance, and Component Manufacturing Electrical Equipment Manufacturing (NAICS 3353) P S S P P P Electric Lighting Equipment Manufacturing (NAICS 3351) P S P P P P Household Appliance Manufacturing (NAICS 3352) P S S P P P Other Electrical Equipment and Component Manufacturing (NAICS 3359) P S P P P P Unified Development Ordinance | New Hanover County, NC 19 Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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-2 336 Transportation Equipment Manufacturing Aerospace Product and Parts Manufacturing (NAICS 3364) P S P Motor Vehicle Body and Trailer Manufacturing (NAICS 3362) S S P Motor Vehicle Manufacturing (NAICS 3361) S S P Motor Vehicle Parts Manufacturing (NAICS 3363) P S P Other Transportation Equipment Manufacturing (NAICS 3369) P S P Railroad Rolling Stock Manufacturing (NAICS 3365) P S P Ship and Boat Building (NAICS 3366) P S P 337 Furniture and Related Product Manufacturing Household and Institutional Furniture and Kitchen Cabinet Manufacturing (NAICS 3371) P S S P P P Office Furniture (including Fixtures) Manufacturing (NAICS 3372) P S S P P P Other Furniture Related Product Manufacturing (NAICS 3379) P S S P P P Medical Equipment and Supplies Manufacturing (NAICS 3391) P P P P 20 New Hanover County, NC | Unified Development Ordinance Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Other Miscellaneous Manufacturing (NAICS 3399) P S P P P P Intensive Industry Intensive Manufacturing & Processing All Other Miscellaneous Chemical Product and Preparation Manufacturing (NAICS 325998) S Alumina Refining and Primary Aluminum Production (NAICS 331313) S Animal Slaughtering and Processing (NAICS 3116) S Cement Manufacturing (NAICS 32731) S Explosives Manufacturing (NAICS 325920) S Foundries (NAICS 3315) S Lime and Gypsum Product Manufacturing (NAICS 3274) S Pesticide, Fertilizer, and Other Agricultural Chemical Manufacturing (NAICS 3253) S Petroleum and Coal Products Manufacturing (NAICS 3241) S Pulp, Paper, and Paperboard Mills (NAICS 3221) S Unified Development Ordinance | New Hanover County, NC 21 Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Secondary Smelting and Alloying of Aluminum (NAICS 331314) S Other Intensive Industrial Uses Electricity Generating Facilities S Fuel Bulk Storage Facilities S Mining & Quarrying, High Intensity S* 4.3.5 Mining & Quarrying, Low Intensity S* S* 4.3.5 Sanitary Landfill (NAICS 562212) S* 4.3.5 Warehousing, Storage, & Wholesale Sales and Distribution Dry Stack Boat Storage Facility, Stand-Alone P P P P P Motor Freight Transportation Warehousing P P P P P Recreational Vehicle and Boat Trailer Storage Lot [11-16-2020] P* P* P* P* P* P* P* 4.3.5 Warehousing [11-16-2020] P P P* P* P P P 4.3.5 Wholesaling P* P P* P* P* P P 4.3.5 Wholesaling Seafood with Water Frontage [11-16-2020] P P P Waste & Salvage Commercial Recycling Facility, Large Collection [11-16-2020] S S S* S* S P* S* P* S* S P* P* P* P* 4.3.5 Commercial Recycling Facility, Processing [11-16-2020] S S S* P* P* 4.3.5 22 New Hanover County, NC | Unified Development Ordinance Table 4.2.1: Principal Use Table Key: P = Permitted by Right S = Special Use Permit Required * = Specific Use Standards Apply in District blank cell = not allowed Use Zoning District Us e St a nd 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 Recycling Facility, Processing and Collection [11-16-2020] S S S P* P* 4.3.5 Commercial Recycling Facility, Small Collection [11-16-2020] S S S* S* S* S* S S S S S P* P* P* P* P* S* P* P* P* P* P* 4.3.5 Landfill, Demolition P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.5 Landfill, Landscape P* P* P* P* P* P* P* P* P* P* P* P* P* P* 4.3.5 Junk Yards, Scrap Processing P* 4.3.5 Septage, Sludge Disposal S* 4.3.5 Unified Development Ordinance | New Hanover County, NC 4-23 Section 4.3. Standards for Specified Principal Uses 4.3.1. AGRICULTURAL USES A. All Agricultural Uses 1. Stable [11-16-2020] Stables in the AR, R-20S, R-20, and R-15 districts shall comply with the following standards: a. No stable shall be erected closer than 100 feet to any property line. b. A buffer in compliance with Section 5.4, Landscaping and Buffering, shall be required along property lines adjacent to residential uses. 4.3.2. RESIDENTIAL USES A. Household Living 1. Dwelling, Dual-Unit Attached a. In the R-20, R-15, R-10, and R-7 zoning districts, dual-unit attached dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] b. Dual unit attached dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. 2. Dwelling, Multi-Family a. In the R-20, R-15, R-10, and R-7 zoning districts, multi-family dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] b. Multi-family dwellings in the B-1 and B-2 districts shall comply with the following standards: 1. Dwelling units must be part of mixed use development established to provide innovative opportunities for an integration of diverse but compatible uses into a single development that is unified by distinguishable design features with amenities and walkways to increase pedestrian activity. 2. The development shall be single ownership or unified control of a property owners association. 3. Uses within the development are restricted to residential uses and uses allowed in the B-1 district. 4. Sidewalks must be provided throughout the project. 4-24 New Hanover County, NC | Unified Development Ordinance 5. Parking location and quantity shall be shared. 6. Community facilities and/or common area shall be provided. 7. Mixed-Use Residential buildings are permitted and encouraged. 8. Conceptual elevations indicating proposed architectural style and conceptual lighting plans shall be submitted with the application. c. Multi-family dwellings in all districts shall be reviewed in accordance with the same standards as established in this ordinance for subdivisions even if the project does not involve the subdivision of land. A Site Plan shall be submitted in accordance with Section 10.3.6, Site Plan. [05-03-2021] 3. Dwelling, Quadraplex a. In the R-20, R-15, R-10, and R-7 zoning districts, quadraplex dwellings are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] b. Quadraplex dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. 4. Dwelling, Single-Family Detached Single-family dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. 5. Dwelling, Triplex a. In the R-20, R-15, R-10, and R-7 zoning districts, triplex dwelling are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] b. Triplex dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. 6. Dwelling, Row-Style a. In the R-20, R-15, R-10, and R-7 zoning districts, row-style dwelling are only allowed as part of a performance residential development and are subject to the maximum density for the district. [09-08-2020] b. Row-style dwellings in the B-1 and B-2 districts shall comply with the standards for multi-family dwellings in those districts. 7. Dwelling, Two-Family (Duplex) [11-16-2020] Two-family dwellings in the B-2 district shall comply with the standards for multi-family dwellings. Unified Development Ordinance | New Hanover County, NC 4-25 8. Live/Work or Caretaker Unit The purpose of this provision is to allow close physical proximity required by the owner-operator or a full-time employee to effectively transact a small business and yet maintain economically and safely a family dwelling unit within the same structure. a. Any attached and detached live/work unit shall be allowed, provided: 1. The dwelling unit shall be occupied solely by the person engaged in the principal use, a full-time employee, or their family members residing with them; 2. The building shall meet the minimum side and rear setbacks of the R-15 district and the front setback requirements of the underlying zoning district. 3. The site shall provide an open space, unobstructed by any buildings, parking or structures, equal to the total floor space of the dwelling unit. 4. The amount of floor area for the dwelling unit shall be not more than 50 percent of the total floor area of the principal use. 5. The dwelling unit shall be located totally above the ground floor or totally to the rear of the principal structure so as not to interrupt the commercial frontage. 6. In addition to the required off-street parking for the principal use, 2 off-street parking spaces shall be provided for the dwelling unit. 7. A site plan and building layout shall be submitted with application. b. A mobile home may be used as a separate and unattached residential structure under this provision, provided the following standards: 1. An area of 15,000 square feet can be designated for the use of residents, free from any use or activity needed to operate the business; 2. The mobile home shall be screened from view by adjacent properties or rights-of-way as specified in Section 5.4, Landscaping and Buffering; 3. The dwelling unit shall be occupied solely by the person engaged in the principal use, a full time employee, or their family members residing with them; 4. The mobile home shall meet the minimum side and rear setbacks of the R-15 District and the front setback requirements of the underlying zoning district; 5. The mobile home shall be totally to the rear of the principal use so as not to interrupt the commercial frontage; and 6. A site plan and building layout shall be submitted with application. c. A single family dwelling unit may be constructed under this provision as a caretaker home for the enforcement and maintenance of conservation areas, provided: 4-26 New Hanover County, NC | Unified Development Ordinance 1. The dwelling shall be occupied solely by the person engaged in the maintenance of the conservation land, an employee of the organization holding the conservation easement, or their family members residing with them; 2. The conservation easement allows a residence on the designated conservation land; 3. The building shall meet the minimum side and rear setbacks of the R-15 District and the front setback requirements of the underlying zoning district; and 4. A site plan and building layout shall be submitted with application. 9. Mobile Home Mobile homes in the I-1 and I-2 districts shall comply with all dimensional requirements as specified for residential dwellings in the R-15 District. 10. Mobile Home, Doublewide a. All doublewide mobile home structures shall have a gabled roof and be permanently affixed to a continuous permanent masonry foundation unpierced except for required ventilation and access. b. Wheels, axles, transportation lights, and towing apparatus must be removed. 11. Mobile Home Park [11-16-2020] Mobile home parks shall comply with the following standards: a. General Standards 1. Density shall not exceed 2.5 units per acre outside of areas designated as Employment Center, Urban Mixed Use, or Community Mixed Use in the County’s Comprehensive Plan. 2. No person shall construct a mobile home park or make any addition to a mobile home park that either alters the number of sites for mobile homes within the park or affects the facilities required therein without a permit authorizing such construction or addition. 3. Every mobile home park shall contain at least three mobile home spaces. 4. The amount of land for each mobile home space utilizing individual septic tank systems shall be determined by the New Hanover County Health department after an investigation of soil conditions, the proposed method of sewage disposal, and proposed water system. However, in no case shall the size of a mobile home space be less than 5,000 square feet, and 6,000 square feet for multi-section units. 5. No mobile home park spaces shall be located in the 100-year Floodplain. Unified Development Ordinance | New Hanover County, NC 4-27 6. Parking shall be provided off-street at a ratio of 2:1 and shall be set back a minimum of ten feet from the roadway surface. b. Space Requirements 1. Each mobile home space shall be at least 40 feet wide. 2. There shall be at least 20 feet of clearance between mobile homes, including ones parked end-to-end. 3. No mobile home shall be located closer than 75 feet to any residentially zoned property not occupied by a mobile home park. 4. Mobile homes shall be set back a minimum of 29 feet from the center line of the roadway. c. Road Improvements 1. All roads in any mobile home park serving more than 25 spaces shall be paved to county specifications. 2. Each road shall be at least 18 feet in width and shall be generally centered in a right-of-way not less than 30 feet in width with direct access to a publicly maintained street or highway. 3. Each mobile home space shall abut an improved interior road, but none shall have direct access to a public street or thoroughfare. 4. Every street shall have a reserved strip six feet in width running parallel and adjacent to each side of the paved surface that shall be used for driveways, walkways, grass, low growing vegetative cover, or utility rights-of-way and must be seeded. 5. Unless unusual topography or configuration of property lines dictate otherwise, cul-de-sacs shall not exceed 1,000 feet in length with a minimum turnaround of 80 feet in diameter and an improved surface radius of 35 feet. 6. All streets will be appropriately identified with street name signs as applicable. 7. Parks providing internal access using unpaved roads shall design these roads to ensure emergency vehicle access. d. Space Identification All spaces shall be permanently identified with numbers at least three inches high located on the ground by permanent markers or on monuments, provided they are visible from the street. The numbers may be pole-mounted provided the numbers do not exceed one square foot and the pole does not exceed three feet in height except that electrical pedestals may also be used for numbering. Each individual mobile home shall also be affixed with lot identification numbers erected on the façade of the structure that fronts the roadway. 4-28 New Hanover County, NC | Unified Development Ordinance e. Signage Permanent identification signs for the park may be allowed provided: 1. The sign is non-illuminated and does not exceed 32 square feet in area; and 2. The sign shall be located on private property and at least ten feet from any public right-of-way and at least 20 feet from any dwelling unit. f. Open Space 1. The developer shall be responsible for ensuring adequate open space areas are available for use by the residents in accordance with Table 4.3.2.A.11.f: Required Open Space. Table 4.3.2.A.11.f: Required Open Space Number of Mobile Home Spaces in Park Required Open Space 26-50 ½ acre 51-100 1 acre 101-150 1 ½ acres Over 150 1 ½ acres + 199 square feet per lot over 150 2. All open space areas shall have a minimum of 2,500 square feet. This requirement may be waived if the average lot size of the mobile home park is 10,000 square feet or greater. 3. Open space areas shall be designed and located to be easily accessible to all residents. g. Street Lights A lighting system consisting of electric lamps with 200-foot spacing or as specified by power company standards shall be provided. Pole mounted lights shall be set back 5 feet from the edge of the roadway surface. Lighting intensity shall be based on the standards used by the power company for candlepower at ground level. h. Refuse Collection Arrangements shall be made for a private vendor or other source to collect refuse, either from individual spaces or from centrally located dumpster sites. All dumpster locations are to be fenced and screened from view. Individual refuse receptacles shall be waterproof and rodent proof. i. Sewage Disposal All parks are to be provided with a sewage collection system and/or septic tanks approved by the appropriate agency. Unified Development Ordinance | New Hanover County, NC 4-29 j. Water Supply All parks shall obtain water from a public source or a source as approved by the local or state health agency. k. Utilities Each space shall be equipped with water, sewer, and electrical connections. l. Fire Hydrants 1. For any mobile home park with three or more spaces that is served by a public or private central water system meeting state requirements for fire hydrants, the developer shall be required to install a fire hydrant at the entrance to the mobile home park. 2. For any mobile home park with 10 or more spaces that is served by a central water system meeting state requirements for fire hydrants, the developers shall be required to install additional hydrants equal to the total linear feet of the roadway divided by 1,000 or to the total number of spaces divided by 40, whichever is greater. These additional hydrants shall be spaced evenly throughout the mobile home park in order to provide maximum fire protection coverage, as determined by the County Fire Marshal. In no case shall a space be located more than 500 feet from a hydrant. 3. For any mobile home park with three or more spaces and with no adequate central water system, but either including or adjacent to an adequate, permanent surface water body, the developer shall be required to do one of the following: i. Install a dry fire hydrant as close to the water source as possible, with the adequacy of the water source and location of the dry fire hydrant to be determined by the County Fire Marshal; or ii. Establish an easement or road to the water source providing permanent, all-weather access that is adequate, as determined by the County Fire Marshal for fire-fighting equipment and vehicles. m. Mobile Home Stands and Anchors Each mobile home space shall be improved to provide an adequate foundation for the placement and anchoring of the mobile home as follows: 1. The mobile home site shall be improved to provide an adequate foundation for the placement and anchoring of the mobile home, thereby securing the structure against uplift, sliding, rotation, and/or overturning. 2. Each mobile home shall be provided with anchorage in accordance with the North Carolina Uniform Standard Code for Mobile Homes. 4-30 New Hanover County, NC | Unified Development Ordinance n. Permitted Uses 1. Within a mobile home park, one mobile home or dwelling unit may be used as an administrative office. Other administrative and service buildings housing sanitation and laundry facilities or any other such facilities shall comply with all applicable ordinances, codes, and statutes regarding buildings, electrical installations, plumbing, and sanitation systems. 2. Convenience establishments of a commercial nature, including food stores, coin-operated laundries and dry cleaning establishments, laundry and dry cleaning pickup stations, beauty parlors, and barber shops may be permitted in mobile home parks subject to the following restrictions: i. Such establishments shall be located, intended, and designed to serve only the trade or service needs of persons residing in the park. ii. Such establishments shall be subordinate to the residential use and character of the park. iii. Off-street parking for commercial establishments shall be provided at a ratio of 1 space for every 400 square feet of gross floor area. iv. Such establishments shall present no visible evidence of their commercial character from any portion of any residential district outside the park. v. Commercial establishments other than a coin-operated laundry shall be limited to 500 square feet of gross floor area for parks have less than 75 occupied mobile home spaces. vi. Commercial establishments in parks having more than 75 occupied spaces shall be limited to 1,000 square feet of gross floor area. vii. Parks that decrease their occupied spaces to less than 75 for a period of 12 months shall be required to decrease the amount of gross floor area for commercial establishments to 500 square feet. viii. Vehicular access to such establishments shall be from interior streets. ix. Signs serving such establishments inside the mobile home park shall be limited to 20 square feet in area, non- illuminated, and shall be attached to the establishment. o. Maintenance and Records 1. All service buildings, commercial structures, and the grounds of the park shall be maintained in clean condition and kept free from any condition that will menace the health of any occupant, the public, or constitute a nuisance. Unified Development Ordinance | New Hanover County, NC 4-31 2. It shall be the duty of the operatory of the park to keep an accurate register containing a record of all occupants of the park. The owner shall keep the register available at all times for inspection by law enforcement officials, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. The register shall contain the name and address of the occupants of each space. p. Travel Trailers Prohibited Travel trailers are not permitted in a mobile home park. q. Occupancy No mobile home space shall be occupied until all improvements have been completed for the phase of the park under review and a final site development plan for that phase has been signed by the Planning Director. Final Site Plans shall comply with Section 10.3.6: Site Plan. Required improvements shall include but not be limited to: installation of water and sewer systems, installation of roads, electric systems and street lighting, installation of roads and recreation area development and marked spaces. A field inspection by the appropriate inspection officials and engineering officials shall be conducted to verify the installation of required improvements. r. Improvement Sureties Occupancy of an improved mobile home park space may be approved in lieu of street paving and required landscaping provided the developer provides the County a surety, either in the form of a bond, cash in escrow or irrevocable letter of credit in an amount equal to the projected cost of the improvements left incomplete. No surety or portion thereof shall be released by the County until certification of completion of the improvement has been provided. B. Group Living 1. Family Care Home Family care homes shall not be located within a 2,000-foot radius of an existing family care home. 2. Fraternity/Sorority Residence Fraternity/sorority residences shall comply with the following standards: a. All fraternity/sorority residences shall meet the location criteria established for Additional Dwelling Allowances in Section 3.1.3.E. b. The lot size for the residence shall be no less than 20,000 square feet for new construction and no less than 15,000 square feet for the conversion of existing buildings. c. The usable floor space shall be no less than 250 square feet per resident. 4-32 New Hanover County, NC | Unified Development Ordinance d. A continual visual buffer a minimum of six feet in height and consisting of a combined fence and evergreen hedge or shrubbery screen shall be required to screen all parking areas from adjacent properties and rights-of-way. 3. Group Home [11-16-2020] Group homes shall comply with the following standards: a. Group homes shall be limited to six disabled persons living together as a self-supporting and self-sufficient household unit. b. No group home shall be occupied or operated without zoning approval. 1. Group homes that are exempt from licensure pursuant to NCGS §122C-22 must recertify their exemption status annually; and 2. Group homes for special needs persons must recertify qualification of all residents as special needs persons annually. c. Group homes shall not be located closer than 2,000 feet to any other existing group home, measured by a straight line from the nearest property lines, irrespective of jurisdictional boundaries. The distance shall be reduced by the right-of-way of a major thoroughfare exceeding 100 feet, major topographical features such as a major watercourse, or by major nonresidential or public uses such as a park, school, or religious institution. d. Reasonable accommodations shall be provided in accordance with Section 10.3.13, Reasonable Accommodation. 4. Senior Living: Assisted Living Facility [11-16-2020] Developments in this category that are not part of a continuing care retirement community shall comply with the following standards: a. The minimum lot size is five acres. b. Maximum height shall be limited to 35 feet when buildings are placed within 50 feet of single-family residential lots or parcels. c. Except as otherwise required by subsection c above, the height of buildings may be increased to no more than 50 feet when setbacks are increased to equal the proposed height of the building. d. The site must be served by public water and sewer. e. Maximum impervious area shall not exceed 50 percent of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. f. Open space and improved recreation space shall be provided at a rate of 20 percent of net acreage. Vegetative buffers of not less than 20 feet are required for all proposals. g. Frontage on an arterial or collector roadway is required. Unified Development Ordinance | New Hanover County, NC 4-33 h. All other local state or federal permits or authorizations are required. 5. Senior Living: Continuing Care Retirement Community [11-16-2020] a. Standards in All Zoning Districts Continuing care retirement communities in all zoning districts shall comply with the following standards: 1. The minimum lot size is 20 acres. 2. Maximum impervious area for the total development may not exceed 40 percent of the net acreage. In areas where coastal stormwater rules apply, those limits will supersede this provision. 3. Commercial uses in the nature of small, neighborhood shops, each not exceeding 5,000 square feet of gross floor area may occupy up to 2 percent of the net acreage. 4. Maximum height may not exceed 35 feet for single family structures designated for seniors or for any building within 50 feet of single family residential lots or parcels. 5. Except as noted in subsection 5 above, maximum height may be increased to no more than 50 feet when setbacks are increased to equal the proposed height of the building. 6. Public water and sewer must serve the site. 7. Open space and improved recreational area shall be provided at a rate of 35 percent of net acreage. Improved recreation space shall be appropriate for seniors at all stages of lifestyle transition, such as ADA accessible walkways, gardens, and parks. 8. Vegetative buffers of not less than 20 feet are required for all proposals. 9. Frontage on an arterial or collector street is required unless located in a Planned Development and meeting the requirements outlined below. 10. All other local state or federal permits or authorizations are required. 4.3.3. CIVIC & INSTITUTIONAL USES A. Child & Adult Care 1. Adult Day Care Adult day care shall comply with the following standards: a. Such facilities shall be limited to the care of no more than 50 adults eighteen years of age or older. b. Care shall not exceed 24 hours at one time. c. Services must be provided in a home or facility certified to meet State standards and shall be provided for the following individuals: 4-34 New Hanover County, NC | Unified Development Ordinance 1. Adults who do not need nursing care but who require complete, full-time daytime supervision; 2. Adults who need assistance with activities of daily living in order to maintain themselves in their own homes; and 3. Adults who need intervention in the form of enrichment and opportunities for social activities in order to prevent deterioration that would lead to institutionalization. 2. Family Child Care Home Family Child Care Homes in Residential Districts shall comply with the following standards: a. All dimensional requirements of the underlying district must be met. b. The entire play area shall be enclosed with a fence having a minimum height of 4 feet and constructed in such a manner that maximum safety is ensured. c. No outside sign in excess of two square feet shall be permitted, except when such facility is located on an existing roadway identified as a collector or arterial facility on the most recent officially adopted Wilmington MPO Functional Classification Map, in which case the maximum sign area shall be 12 square feet. [05-03-2021] B. Civic 1. Animal Shelter [11-16-2020] Animal Shelters in R-15, R-20S, and R-20 Districts shall comply with the following standards: a. Minimum lot size shall comply with Table 4.3.3.B.1.a: Animal Shelter Minimum Lot Size, based on the number of animals kept at the shelter. Table 4.3.3.B.1.a: Animal Shelter Minimum Lot Size Number of Animals Minimum Lot Size 1-10 2 acres 11-20 4 acres 21-30 6 acres For each additional acre beyond six acres, an additional ten animals may be permitted. The minimum lot size requirements may be waived if the shelter is constructed to entirely enclosed all facilities so as to adequately protect all animals from weather extremes and to protect adjacent residences from noise, odors, and other objectionable characteristics, provided all building setback requirements are met. Unified Development Ordinance | New Hanover County, NC 4-35 b. All lots on which a shelter is located must have direct access onto a street that meets the minimum requirements for acceptance and maintenance by the NC Department of Transportation. c. All structures shall have side and rear setbacks of 50 feet. d. All county requirements regarding sewage disposal systems and sanitation control methods shall be met. e. No outside sign in excess of 2.25 square feet in area shall be permitted. 2. Food Pantry [11-16-2020] Any areas utilized for waiting or dining shall be incidental in nature and entirely located indoors. 3. Lodges, Fraternal, and Social Organizations [11-16-2020] Lodges, Fraternal, and Social Organizations in all residential districts shall comply with the following standards: a. All new sites shall be a minimum of two acres in size. b. Structures shall have side and rear setbacks of 50 feet and a front yard of at least 25 feet greater than that required for single family residences within the district located. c. Provisions for food, refreshments, and entertainment for club members and their guests may be allowed in conjunction with such use if the Board of County Commissioners determines that said provisions will not constitute a nuisance. 4. Religious Assembly [11-16-2020] a. Religious Assemblies in the R-7, R-5 and RMF districts shall comply with the following standards: 1. Religious institutions up to 1,000 or fewer seats are allowed as long as: i. Structures are limited to a sanctuary or similar main gathering facility that may also include individual rooms for administration, dining halls, and classrooms. Accessory structures for maintenance and storage purposes are permitted. ii. Signs shall not be internally illuminated. 2. The following uses are prohibited without a special use permit: i. Outdoor recreational facilities, except those associated with child care provided as part of the principal use. Such facilities shall be restricted to “tot lots” or similar play areas. ii. Schools associated with the institution. 4-36 New Hanover County, NC | Unified Development Ordinance iii. Indoor recreation facilities such as basketball courts or similar facilities. iv. Religious institutions with more than 1,000 seats, provided that such facilities shall only be allowed if direct access is provided from a Minor Collector road or greater as identified on the most recent officially adopted Wilmington MPO Functional Classification Map. [05-03-2021] 3. Primary vehicular access to the use shall not be provided by way of a local residential street. b. Religious Assemblies in the B-1, CB and CS districts shall comply with the following standards: 1. Religious institutions are permitted with no seat limitations if located on a Minor Collector road or greater as identified on the most recent officially adopted Wilmington MPO Functional Classification Map. [05-03-2021] 2. Primary vehicular access to the use shall not be provided by way of a local residential street. C. Communication and Information Facilities [09-08-2020] [03-21-2022] 1. General Requirements for All Communication and Information Facilities. The following standards shall apply to all communications and information facilities: a. Setbacks The following setback requirements shall apply to all communication and information facilities except for Amateur radio antenna below 90 feet in height, which are exempt from these requirements in accordance with NCGS 160D-905. 1. Residential Districts The minimum setback for wireless facilities located in general residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R- 5), multi-family districts, and residentially designated portions of master planned developments shall be a distance equal to the height of the wireless facility, as measured from the base of the wireless facility to the tallest point, including lightning rods or similar appurtenances. 2. All Other Districts The minimum setback for wireless facilities located in all other districts shall be equal to each facility’s engineered fall zone, as established by a letter sealed by a licensed professional engineer certifying that the wireless facility will not exceed the distance specified in the letter should the wireless facility fail. Where an engineered fall zone certification is not submitted, wireless Unified Development Ordinance | New Hanover County, NC 4-37 facilities shall be set back a distance equal to the height of the wireless facility, as measured from the base of the wireless facility to the tallest point, including lightning rods or similar appurtenances. b. Certification Required All applicants seeking approval shall also submit a written affidavit from a qualified person or persons, including evidence of their qualifications, certifying that the construction or placement of such structures meets the provisions of the Federal Communications Act, 47 U.S.C. § 332, as amended, section 6409 of the Middle Class Tax Relief and Job Creation Act of 2012, 47 U.S.C. § 1455 (a), in accordance with the rules promulgated by the Federal Communications Commission (FCC), and all other applicable federal, state, and local laws. The statement must certify that radio frequency emissions from the antenna array(s) comply with the FCC standards. The statement shall also certify that both individually and cumulatively the proposed facilities located on or adjacent to the proposed facility will comply with current FCC standards. In accordance with NCGS 160D-932, the county cannot base its permitting decision on public safety implications of radio frequency emissions of wireless facilities. c. Expert Review Outside experts and disputes are subject to the following provisions: 1. Siting of telecommunications facilities may involve complex technical issues that require review and input by outside experts. Staff may require the applicant to pay the reasonable costs of a third-party technical study or a proposed facility. Selection of expert(s) to review the proposal shall be at the sole discretion of the decision-making body. 2. If the applicant for a telecommunications facility claims that one or more standards of this ordinance are inconsistent with federal law as applied to a particular property, or would prohibit the effective provision of wireless communications within the relevant market area, the decision-making body may require that the applications be reviewed by a qualified engineer for a determination of the accuracy of such claims. Any costs shall be charged to the applicant. d. Signage Signage shall comply with the following standards: 1. Attaching commercial messages for off-site or on-site advertising shall be prohibited. 2. The only signage that is permitted upon an antenna, wireless support structure, equipment cabinet, or fence shall be information and for the purpose of identifying: 4-38 New Hanover County, NC | Unified Development Ordinance i. The antenna support structure (such as ASR registration number); ii. The party responsible for the operation and maintenance of the facility; iii. Its current address and telephone number; iv. Security or safety signs; v. Property manager signs for the tower (if applicable); and vi. Signage appropriate to warn the general public as to the use of the facility for radiofrequency transmissions. 2. Amateur Radio Antenna Except for in the I-1 and I-2 districts, Amateur Radio Antenna 90 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. 3. Antenna & Towers Ancillary to the Principal Use Except for in the I-1 and I-2 districts, Antenna & Towers 70 feet in height or taller, in addition to the standards set forth in Subsection 4.3.3.C.1 above, shall require a Special Use Permit and are subject to the standards of 4.3.3.C.6 below. 4. Collocations a. Wireless collocations attached to existing structures that are not considered non-substantial modifications shall not add more than six feet to the overall height of a structure. b. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of the collocation and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; materials and color (including proposals for steel structures); and illumination. c. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standards, flagpole, bell/clock tower, water tower, or tree. Unified Development Ordinance | New Hanover County, NC 4-39 5. Non-Substantial Modification a. The applicant is encouraged to provide simulated photographic evidence of the proposed appearance of non-substantial modification and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation should include overall height; configuration; physical location; mass and scale; material and color (including proposals for steel structures0; and illumination. b. Concealed (stealth) or camouflaged facilities are encouraged when the method of concealment is appropriate to the proposed location. Stealth facilities may include but are not limited to: painted antenna and feed lines to match the color of a building or structure, faux windows, dormers, or other architectural features that blend with an existing or proposed building or structure. Freestanding stealth facilities typically have a secondary, obvious function such as a church steeple, windmill, silo, light standard, flagpole, bell/clock tower, water tower, or tree. 6. Other Wireless Communication Facilities including New Wireless Support Structures & Substantial Modifications a. Standards for All New Wireless Support Structures and Substantial Modifications The following standards shall apply to all wireless support structures and substantial modifications: 1. A landscaped buffer with a base width not less than 25 feet and providing 100 percent opacity shall be required within the wireless support structure site to screen the exterior of protective fencing or walls. The base station and equipment compound of the wireless support structure and each guy wire anchor must be surrounded by a fence or wall not less than eight feet in height. 2. All wireless support structures shall be constructed to accommodate collocation. Structures over 150 feet in height shall be engineered to accommodate at a minimum two additional providers. Structures 150 feet or less in height shall be engineered to accommodate at a minimum one additional provider. 3. Equipment compounds shall comply with the following standards: i. Shall not be used for the storage of any equipment or hazardous waste (e.g., discarded batteries) or materials not needed for the operation. No outdoor storage yards shall be allowed in a tower equipment compound. ii. Shall not be used as a habitable space. 4. The applicant shall submit Form 7460 to the Federal Aviation Administration (FAA) to assure compliance with all FAA standards and to resolve issues of concern, including required lighting, possible transmission interference or other conflicts when the 4-40 New Hanover County, NC | Unified Development Ordinance proposed wireless support structure site is located within 10,000 feet of an airport or within any runway approach zone. b. Additional Standards for New Wireless Support Structures and Substantial Modifications Allowed By-Right The following standards shall apply to wireless support structures and substantial modifications allowed by-right: 1. Except in the I-1 and I-2 districts, wireless support structures shall be monopole or unipole construction; guyed or lattice-type towers are prohibited. 2. Except in the I-1 and I-2 districts, all wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. c. Additional Standards for New Wireless Support Structures and Substantial Modifications Requiring Special Use Permits Where Special Use Permits are required, all of the following standards shall be applied, and all requirements must be met. Additional conditions may be determined to mitigate negative impacts, and the permit should be approved only if all negative impacts can be mitigated. 1. The applicant shall provide evidence that collocating new antennae and equipment on an existing wireless support structure or structures within the applicant’s search ring is not reasonably feasible. For the purposes of this section, collocation on an existing wireless support structure is not reasonably feasible if the collocation is technically or commercially impractical or the owner of the existing wireless support structure is unwilling to enter into a contract for such use at fair market value. 2. The applicant shall conduct a balloon test prior to the submittal of simulated photographic evidence of the proposed appearance of the wireless support structure and wireless facilities. The applicant shall arrange to raise a colored balloon no less than three (3) feet in diameter at the maximum height of the proposed wireless support structure. The balloon test shall provide the basis for simulated photographic evidence from four vantage points and a statement as to the potential visual and aesthetic impacts on all adjacent residential zoning districts. The simulation shall include overall height; configuration; physical location; mass and scale; materials and color (including proposals for stealth structures); and illumination. 3. Wireless support structures shall be monopole or unipole construction; guyed or lattice-type towers are prohibited. 4. All wireless equipment, including any feed lines, antennas, and accessory equipment, must be enclosed in the tower cannister, Unified Development Ordinance | New Hanover County, NC 4-41 camouflaged, screened, obscured, mounted flush, or otherwise not readily apparent to a casual observer. 5. Wireless support structures located within general residential districts (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5) shall be required to utilize faux tree stealthing except where a structure is proposed in an area containing such dense existing tree clusters that the structure is not visible from existing single-family or duplex residential uses and/or platted lots located within a general residential district. Faux structures shall be designed to match a species of tree located within the existing cluster of trees in which a structure is proposed. i. A wireless support structure may be exempted from this requirement only by the Board of Commissioners as a condition of approval on the special use permit. d. Standards for Nonconforming Wireless Support Structures Any wireless support structure and associated equipment which was lawfully constructed under the terms of the Ordinance, which is now considered a nonconforming improvement, may continue or be reconstructed as a conforming improvement even though the wireless support structure and associated equipment may not conform with the provisions of this ordinance for the district in which it is located. Wireless support structures and associated equipment may only be enlarged and/or relocated if the enlarged or relocated wireless support structure: is considered an eligible facilities request, eliminates the need for an additional wireless support structure, provides additional collocation opportunities on the wireless support structure, or provides additional antenna space on the wireless support structure; and provided further than the enlargement and/or relocation shall be in conformance with the following regulations and design limitations: 1. Wireless support structure height may not be increased by more than 10 percent of the originally constructed structure height, except where either of the following is applicable: i. The district in which the wireless support structure is located would allow the increase by right, or ii. The wireless support structure was originally permitted as a special use permit and applicant obtains a special use permit modification, as described in UDO Section 10.3.5 Special Use Permit. 2. A wireless support structure shall be allowed to be reconstructed and relocated within the boundaries of the property on which it is located so long as the decrease in the setbacks does not exceed 10 percent of the originally constructed structure height and the relocated structure is sited to minimize any increase in the existing nonconformity. Any request to reconstruct and relocate the structure where the resulting decrease in setback exceeds 10 4-42 New Hanover County, NC | Unified Development Ordinance percent of the originally constructed structure height shall require a special use permit or special use permit modification, as described in UDO Section 10.3.5, Special Use Permit. D. Educational Services RESERVED E. Government Services RESERVED F. Health Care Facilities 1. Hospital Hospitals in the R-20, R-15, and R-10 districts shall comply with the following standards: a. The minimum lot size is two acres. b. The structure shall have side and rear setbacks of 50 feet and a front yard of at least 25 feet greater than required of single family residences within the district in which located. 2. Nursing and Rehabilitation Center Nursing and Rehabilitation Centers in all districts where a special use permit is required shall comply with the following standards: a. The minimum lot size is two acres. b. The structure shall have side and rear setbacks of 50 feet and a front yard of at least 25 feet greater than required of single family residences within the district in which located. c. The number of beds approved should correspond to the number of beds allocated to the applicant by an approved certificate of need. 3. Urgent Care Facility [11-16-2020] Urgent Care Facilities seeking approval of a heliport as an accessory use must obtain a Special Use Permit. G. Recreation, Parks, and Open Space 1. Boating Facility, Community [11-16-2020] Community boating facilities shall comply with the following standards: a. The rights to use such facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. b. The applicant shall demonstrate that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. Unified Development Ordinance | New Hanover County, NC 4-43 c. The number of boat slips may not exceed the number of residential lots or dwelling units within the associated development. d. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies and food stuffs, shall be strictly prohibited. 2. Boating Facility, Private Residential The rights to use a private residential boating facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. 3. Cemetery A cemetery shall meet the minimum requirements of the NC State Cemetery Commission. H. Transportation 1. Marina, Commercial [11-16-2020] Commercial marinas in Residential and B-1 Districts shall comply with the following standards: a. Night lighting by design and construction shall be contained on the site. b. A site plan shall be submitted for review and approval. c. The applicant shall demonstrate that the siting of the facility will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. d. Any accessory dry stack boat storage facility must be clearly identified on the approved site plan, be described in the findings of fact, and meet all accessory use-specific standards outlined in Section 4.3.5: Standards for Specified Accessory Uses. 2. Marina, Commercial with Floating Structures [11-16-2020] Commercial marinas with floating structures shall comply with the following standards: a. Floating structures shall not be located within 15 feet of the waterward extension of all property lines. b. Not more than one dwelling unit per floating structure shall be permitted. c. A permanent pier, dock, or walkway with adequate night lighting shall join each floating structure and the adjacent shoreline. d. Each floating structure shall be inspected and approved by the Building Safety Department prior to placement in the marina. This approval shall be dependent upon, but not limited to, approval of the electrical system and the method of exiting. 4-44 New Hanover County, NC | Unified Development Ordinance e. Each floating structure shall be provided with permanent water and sewer systems approved by the New Hanover County Health Department. All wastewater piping from the unit shall be constructed to the NC State Plumbing Code. No overboard discharge openings through the hull or structure shall be permitted except for one dewatering pipe which may not be connected to wastewater piping. f. A system for collection and removal of solid wastes and refuse shall be approved by the New Hanover County Health Department. g. A minimum of 2,000 square feet of gross land area contiguous and above mean high water shall be provided for each floating structure on-shore. h. A site plan shall be submitted for approval showing all improvements as required by this ordinance. i. Any floating structure existing prior to the original adoption of these use standards on April 2, 1984 was required to conform within one year of that date. j. The applicant shall demonstrate that the siting of the facility will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. I. Utilities 1. Electric Substation Electric substations in the R-5 and RMF Districts shall comply with the following standards: The substation must be screened in accordance with Section 5.4, Landscaping and Buffering, except that screening may be reduced if the substation is completely screened from view of the public right-of- way or adjacent property. 2. Utility Lines, Structures, and/or Facilities; General a. General utility lines, structures, and/or facilities in all districts shall comply with the following standards: 1. All sewage and disposal and collection facilities shall be designed and installed in accordance with the standards and requirements set by CFPUA and/or appropriate local or state agency. 2. Non-CFPUA sewage treatment systems shall be located only in those districts in which the use they are serving is permitted. However, non-CFPUA sewage treatment systems serving uses in more than one district may be located in any of those use districts. b. General utility lines, structures, and/or facilities in the R-5 and RMF districts shall comply with the following standards: 1. The utility must be screened in accordance with Section 5.4, Landscaping and Buffering, except that screening may be reduced if the utility is completely screened from view of the public right-of- way or adjacent property. Unified Development Ordinance | New Hanover County, NC 4-45 4.3.4. COMMERCIAL USES A. Amusement & Entertainment Uses 1. Adult Entertainment Establishment Adult entertainment establishments in the I-1 District shall comply with the following standards: a. Each adult entertainment establishment shall be located a minimum of 1,000 feet from any existing adult entertainment establishment. Such measurement shall be the horizontal distance between the nearest property lines of the proposed and existing adult entertainment establishment. b. Each adult entertainment establishment shall be located a minimum of 1,000 feet from any residentially zoned area, Child Care Center, Family Child Care Home, Religious Assembly, Elementary and Secondary Schools, and Park and Recreation Area. Such measurement shall be the horizontal distance between the property line of the proposed adult entertainment establishment and the nearest residential zoning line or property line of any church, school, or park. [05-03-2021] c. Any display, device, or sign that depicts or describes specified sexual activities or specified anatomical areas shall be out of view of the public way and surrounding property. d. Any adult entertainment establishment existing prior to the original adoption of these use standards on November 1, 1993 was required to conform within one year of that date. 2. Electronic Gaming Operation [11-16-2020] Electronic gaming operations shall comply with the following standards: a. Hours of operation shall be limited to 8:00 am through 12:00 midnight, seven days per week. b. Alcohol sales or consumption shall be prohibited. c. The maximum number of machines/terminals/computers for any electronic gaming operation business is ten. d. All food or beverage to be served or distributed by the establishment must meet the requirements of the New Hanover County Environmental Health Department, including any and all permits and licenses. e. Fire Services shall set an occupancy limit for the establishment prior to submission of an application. f. Maximum daily cash payout shall not exceed $600. Winning which exceed this amount shall be paid out in the form of a check or credit. All establishments engaged in internet and sweepstakes operations must comply with all reporting requirements regulated by the Internal Revenue Service. 4-46 New Hanover County, NC | Unified Development Ordinance g. Any building and/or zoning permits issued for electronic gaming and sweepstakes operations shall be subject to annual review (from the date of approval) to ensure compliance with all relevant regulations and conditions. h. Electronic gaming operations shall be located a minimum distance of 500 feet, measured in a straight line in any direction from closest point of the building and parking lot of the proposed business to the property line of any of the following: 1. A residence or a residential zoning district 2. A place of worship or other religious institution 3. A day care center or public or private school 4. A public park, playground, or public library 5. Another electronic gaming operation 6. An adult entertainment establishment i. Applicants shall submit a current straight line drawing prepared within 30 days prior to the application by a registered surveyor, depicting the property lines and the structures containing any of the above uses and the straight line measurements to each. A use outlined under subsection h above, shall be considered to be existing or established if it is in place or actively under construction at the time an application is submitted. Residential zoning districts shall be based upon the most current official zoning map. j. All legally operating gaming operations made nonconforming by adoption of this section shall be removed or brought into compliance with these provisions within 60 months of the date of adoption of this section. 3. Event Center [11-16-2020] Event Centers in the B-1 and CB Districts shall be limited to indoor operations only, except that outdoor operations may be allowed in these districts if approved by a Special Use Permit. 4. Indoor Recreation Establishment [11-16-2020] Indoor recreation establishments in residential districts and in the O&I District shall comply with the following standards: a. All buildings shall be set back from the right-of-way at least 50 feet and 100 feet if the site is in the Special Highway Overlay District. b. Signage shall be limited to one ground sign not to exceed 32 square feet and shall be set back from the right-of-way at least 25 feet. c. Access to the site shall be provided by a Minor Collector road or greater, as designated on the most recent officially adopted Wilmington MPO Functional Classification Map. [05-03-2021] Unified Development Ordinance | New Hanover County, NC 4-47 5. Outdoor Recreation Establishment [11-16-2020] Outdoor recreation establishments in residential districts and the O&I District shall comply with the following standards: a. All buildings shall be set back from the right-of-way at least 50 feet and 100 feet if the site is in the Special Highway Overlay District. b. Signage shall be limited to one ground sign not to exceed 32 square feet and shall be set back from the right-of-way at least 25 feet. c. Access to the site shall be provided by a Minor Collector road or greater, as designated on the most recent officially adopted Wilmington MPO Functional Classification Map. [05-03-2021] 6. Outdoor Shooting Range Outdoor shooting ranges shall comply with the following standards: a. All shooting areas shall be setback a minimum distance of 100 feet from any street right-of-way. b. The firing range shall have a natural earth embankment a minimum of ten feet high placed behind all targets within the shooting area. c. The firing range shall be posted “No Trespassing-Danger-Shooting Range” at 100 feet intervals around the perimeter. d. At least one qualified individual in the sponsoring club or organization shall be certified for shooting range supervision. Each facility shall adopt safety rules and regulations as determined by the sponsoring club or organization. e. The firing range shall be covered by a minimum of $300,000 of accident and liability insurance. B. Animal Services 1. Animal Grooming Service [11-16-2020] Animal Grooming Services within the B-1, CB, and O&I Districts shall not include outdoor runs or play areas. 2. Equestrian Facility [11-16-2020] Equestrian facilities in the AR, R-20S, R-20, and R-15 districts shall comply with the following standards: a. No stable shall be erected closer than 100 feet to any property line. 3. Kennel [11-16-2020] Kennels in the R-15, R-20S, and R-20 districts shall comply with the following standards: 4-48 New Hanover County, NC | Unified Development Ordinance a. Minimum lot size shall comply with Table 4.3.4.B.3.a: Minimum Lot Size for Kennel, based on the number of animals kept on site. For each additional acre beyond six acres, an additional ten animals may be permitted. The minimum lot size requirements may be waived if the shelter is constructed to entirely enclosed all facilities so as to adequately protect all animals from weather extremes and to protect adjacent residences from noise, odors, and other objectionable characteristics, provided all building setback requirements are met. Table 4.3.4.B.3.a: Minimum Lot Size for Kennel Number of Animals Minimum Lot Size 1-10 2 acres 11-20 4 acres 21-30 6 acres b. All lots on which a shelter is located must have direct access onto a street that meets the minimum requirements for acceptance and maintenance by the NC Department of Transportation. c. All structures shall have side and rear setbacks of 50 feet. d. All county requirements regarding sewage disposal systems and sanitation control methods shall be met. e. No outside sign in excess of 2.25 square feet in area shall be permitted. C. Commercial Services 1. Off- Premises Advertising See Section 5.6, Signs. 2. Mini-Warehouse/Self-Storage [09-08-2020] When located in the B-2 District or UMXZ District or when established on a lot having frontage on Market Street, Carolina Beach Road, College Road, or Castle Hayne Road, mini-warehouse/self-storage facilities shall comply with the following standards: a. Except as otherwise authorized in this subsection, all property stored on the site shall be enclosed entirely within enclosed buildings. b. A minimum of ten percent of the area of each building façade that faces a public or private street, a shared parking area, a pedestrian way, or designated open space shall consist of transparent windows or doors. For purposes of this requirement, portions of a façade that are screened from view at ground level from the street, parking area, pedestrian way, or open space, as applicable, shall not count toward the building façade area. c. The color of building exteriors visible from ground level view from the street or from abutting properties at ground level shall be natural Unified Development Ordinance | New Hanover County, NC 4-49 tones found as predominant colors in the natural environment, such as muted tones of green, brown, beige, yellow, or tan. The use of colors on a building exterior that are significantly more intense, vibrant, or bright compared to nearby properties so as to call attention to the establishment is prohibited. d. The use of metal as a primary material is prohibited on perimeter or exterior walls that are visible from an arterial street or from a residential district or existing residential development, unless in the form of: 1. Architectural concealed fastener metal panels, or 2. A mix of paneling types with non-concealed fastener panels making up no more than 50% of the metal paneling used. [05-03- 2021] e. The only commercial uses permitted on-site shall be the rental of storage space, the pickup and deposit of goods or property in dead storage, and the sale or rental of goods incidental to on-site storage (e.g., boxes, tape, and labels). f. Outdoor storage shall be limited to the storage of licensed and operational recreational vehicles and boats. Such storage shall: 1. Be located to the rear of the principal structure; 2. Be screened from all public rights-of-way and abutting properties by a fence or wall and vegetation that complies with the design requirements for a Combination Planted Buffer Strip and Fencing type of transitional buffer. 3. Limit the height of any boat or recreational vehicle located within 45 feet of a property line to a maximum of 12 feet and any other boat or recreational vehicle to a maximum of 14 feet; 4. Be limited to a specific delineated area which does not interfere with on-site vehicular circulation; 5. Not exceed 20 percent of the buildable area of the site; and 6. Not include any dry stacking of boats (dry stacking of boats is prohibited). D. Food & Drink RESERVED E. Lodging 1. Bed and Breakfast Inn [11-16-2020] Bed and breakfast inns in the RA, AR, R-20S, R-20, and R-15 districts shall comply with the following standards: 4-50 New Hanover County, NC | Unified Development Ordinance a. No lighting beyond normal residential lighting is allowed. b. The only signage allowed shall be one attached wall sign no greater than four square feet. 2. Campground/Recreational Vehicle (RV) Park a. Every recreational vehicle park shall contain at least 25 spaces. b. Recreational vehicles and travel trailers shall only be occupied in approved campgrounds. c. Every space shall consist of a minimum area of 2,000 square feet. Each space shall be designated on the ground by permanent markers or monuments. d. Parking spaces sufficient to accommodate at least one motor and camping vehicle shall be constructed within each space. e. All spaces developed adjacent to a public street shall be set back a minimum of 40 feet from the street right-of-way. f. All spaces shall be located on sites with elevations that are not susceptible to flooding. The spaces shall be graded to prevent any water from ponding or accumulating within the park. Each space shall be properly graded to obtain a reasonably flat site and to provide adequate drainage away from the space. g. The park shall have all weather roads that directly abut each space. All road rights-of-way shall be 20 feet except that one-way roads may have a minimum width of 12 feet. In areas of heavy traffic use, 30- foot rights-of-way shall be required. h. No space shall have direct vehicular access to a public road. i. The park shall be developed with proper drainage ditches. All banks shall be sloped and seeded. j. Cul-de-sacs or dead-end roads shall not exceed 1,000 feet in length measured from the entrance to the center of the turnaround. Any road designed to be permanently closed shall have a turnaround at the closed end with a minimum right-of-way diameter of 80 feet. k. When the park has more than one direct access to a public road, they shall not be less than 300 feet apart or closer than 300 feet to a public road intersection unless unusual site conditions demand otherwise. l. Each park shall have a central structure or structures that will provide separate toilet facilities for both sexes. This structure may also contain a retail sales counter and/or coin operated machine for the park residents’ use only, provided there is no exterior advertising. Vending machines also may be permitted in a sheltered area. m. No swimming pool or bathing area shall be installed, altered, improved, or used without compliance with applicable Health department regulations. No bathing area shall be used without the approval of the New Hanover County Health Department. n. Park identification signs shall comply with the following standards: Unified Development Ordinance | New Hanover County, NC 4-51 1. No more than two signs with a total area of not more than 32 square feet for each sign may be permitted. 2. Signs shall be located on park property no closer than 10 feet to any property line or road right-of-way. 3. Only indirect non-flashing lighting may be used for illumination and the sign must be constructed in such a manner as to prevent a direct view of the light source from any public right-of-way. o. Sanitary facilities shall be provided in accordance with the following standards: 1. All toilet, shower, lavatory, and laundry facilities shall be provided and maintained in a clean and sanitary condition and kept in good repair at all times. 2. They shall be safely and adequately lighted. 3. Facilities shall be easily accessible and conveniently located. 4. All toilet, shower, lavatory, and laundry room facilities shall be acceptable to the New Hanover County Health department and shall be inconformity with all New Hanover County codes. 5. All buildings shall be constructed in accordance with the building codes for the county. p. Water supply shall comply with the following standards: 1. A safe, adequate, and conveniently located water supply must be provided for each park. 2. No water supply shall be installed, altered, or used without the approval of the New Hanover County Health Department. q. Sewage disposal shall comply with the following standards: 1. Sewage dumping stations shall be approved by the New Hanover County Health Department. 2. Each park shall provide at least one sewage dumping station. 3. No method of sewage disposal shall be installed, altered, or used without the approval of the New Hanover County Health department. 4. All sewage wastes from each park, including wastes from toilets, showers, bathtubs, lavatories, wash basins, sinks, and water using appliances not herein mentioned, shall be piped into the park’s sewage disposal system or systems. r. Open space shall be provided in accordance with the following standards: 1. Each park shall provide open space areas to serve the needs of the anticipated users. 2. A minimum of 0.25 acres of level, well-drained ground for every 50 spaces shall be required as open space. 4-52 New Hanover County, NC | Unified Development Ordinance 3. The park owner is responsible for the development and maintenance of all open space areas. s. Fire hydrants shall be provided in accordance with the following standards: 1. The developer of any campground or recreational vehicle park with a central water system meeting State requirements for fire hydrants shall be responsible for providing adequate fire protection for the park through the provision of a fire hydrant located as close as possible to the entrance of the park. 2. The hydrant shall be connected to the central water system serving the park and in accordance with specification established by the County Fire Marshal. t. The park owner is responsible for refuse collection. u. It shall be unlawful for a person to park or store a mobile home in a campground or recreational vehicle park. However, one mobile home may be allowed within a park to be used as an office and/or residence of persons responsible for the operation and maintenance of the travel trailer park. v. It shall be the duty of the operatory of the campground or recreational vehicle park to keep an accurate register containing a record of all occupants of the park. The owner shall keep the register available at all times for inspection by law enforcement officials, public health officials, and other officials whose duties necessitate acquisition of the information contained in the register. The register shall contain the following information: 1. Name and address of the occupants of each space; 2. Date entering and leaving the park; and 3. The license number of each vehicle (car, truck, camping vehicle, etc.) with state of issuance, make, and type of equipment. F. Office 1. Contractor Office Contractor offices shall comply with the following standards: a. In the B-1 and CB districts, outside storage areas are prohibited. b. In the CB District, all work associated with contractor operations shall be conducted entirely within enclosed structures. G. Personal Services RESERVED H. Retail Sales 1. Convenience Store [11-16-2020] Unified Development Ordinance | New Hanover County, NC 4-53 Convenience stores in the RA, AR, R-15, R-10, and R-7 Districts shall comply with the following standards: a. The total amount of land devoted to such use shall not exceed one acre. b. The gross square footage of the structure shall not exceed 3,000 square feet. c. The use shall be limited to providing convenience food sales and gasoline sales to the surrounding residential area, provided that vehicular service such as, but not limited to, auto repair, sale of auto accessories, washing, etc. shall not be permitted. d. A convenience food store shall not be permitted within the interior of a subdivision. e. Specifications for a proposed principal use sign shall be submitted with the application for the Special Use Permit. f. Fuel sales may be approved provided such sales shall be limited to one pump island located a minimum distance of 30 feet from any street right-of-way and 40 feet from any side or rear lot line. Overhead canopies shall be measured in accordance with Section 4.3.4.I.2.b I. Vehicle & Equipment Sales & Service 1. Car Wash [11-16-2020] Car washes in the CB District shall comply with the following standards: a. No outdoor work shall be performed except in areas designated for such activity on an approved site plan. b. The premises shall not be used for the sale of vehicles. 2. Fuel Sales [11-16-2020] Fuel sales in all districts where allowed shall comply with the following standards: a. The premises shall not be used for the sale of vehicles. b. Fuel pump canopies shall meet the setbacks of the underlying zoning district, as measured from the outer edge of any supportive structure physically connected to a fuel pump and the ground along a straight line to the nearest point of the property line. c. Setback distances from street rights-of-way may be reduced by one- half. Fuel sales in the R-15 District shall comply with the following standards: d. Fuel sales may be allowed in conjunction with a convenience store use Special Use Permit. 4-54 New Hanover County, NC | Unified Development Ordinance e. Such sales shall be limited to one pump island located a minimum distance of 30 feet from any street right-of-way and 40 feet from any side or rear lot line. 3. Vehicle Rentals Vehicle rentals in the CB District may display no more than ten automotive vehicles. 4. Vehicle Service Station, Minor [11-16-2020] Minor vehicle service stations in the B-1 and CB Districts shall comply with the following standards: a. No automobile towing operations are allowed. b. All repair work or lubrication shall be conducted within the principal building. All permanent storage of materials, merchandise, or repair and servicing equipment shall be contained within the principal building. c. No operator shall permit the storage of motor vehicles for a period in excess of 24 hours unless the vehicles are enclosed in the principal building. d. Service or customer vehicles shall be parked on the premises in a manner that will not create traffic hazards or interfere with the vehicular maneuvering area necessary to enter or exit the site. e. The premises shall not be used for the sale of vehicles. f. No outdoor work shall be performed except in areas designated for such activity on an approved site plan. g. Outdoor work areas shall be fenced, walled, or screened to minimize on-site and off-site noise, glare, odor, or other impacts. 4.3.5. INDUSTRIAL USES A. Design & Technology Services RESERVED B. Industry & Manufacturing 1. Artisan Manufacturing [11-16-2020] Artisan manufacturing in the B-1 and CB Districts shall comply with the following standards: a. One or more accessory uses, such as a restaurant, retail, demonstration area, education and training facility or other incidental use open and accessible to the public shall be included. b. Storage of materials, including silos, products for distribution, and other items requiring long-term storage shall be allowed in areas behind a building, within service alleys, in an enclosed building, or Unified Development Ordinance | New Hanover County, NC 4-55 otherwise screened from the public right-of-way, pedestrian way, and adjacent residential properties. c. Off-site distribution via tractor trailer is only permitted if the truck traffic is limited to streets classified as arterials on the most recent officially adopted Wilmington MPO Functional Classification Map. [05-03-2021] C. Intensive Industry 1. Mining & Quarrying, High Intensity High intensity mining and quarrying shall comply with the following standards: a. The minimum lot size shall be one acre. b. Soil or other unconsolidated material (i.e. sand, marl, rock, fossil deposits, peat, fill or topsoil) may be removed for use off-site. c. Additional on-site processing shall be permitted (i.e. use of conveyor systems, screening machines, crushing, or other mechanical equipment). d. All mining operations and their associated activities must be located a minimum of 100 feet from all property lines when dewatering occurs. e. High intensity mining operations shall not be allowed in areas classified as aquifer resource protection or watershed resource protection on the 2006 CAMA Land Classification Map. 2. Mining & Quarrying, Low Intensity Low intensity mining and quarrying shall comply with the following standards: a. Low intensity mining operations may not occupy more than 20 acres. b. Soil or other unconsolidated material (i.e. sand, marl, rock, fossil deposits, peat, fill or topsoil) may be removed for use off-site. However, no further on-site processing is permitted (i.e. use of conveyor systems, screening machines, crushing, or other mechanical equipment). Mining activities where other on-site processing activities are conducted are considered Mining & Quarrying, High Intensity c. The use of explosives is not permitted. d. All mining operations and their associated activities shall comply with the following standards when dewatering occurs: 1. Must be located a minimum of 100 feet from all property liens. 2. The depth of each excavation pit shall not exceed 35 feet. 3. Sanitary Landfill Sanitary landfills shall comply with the following standards: a. No refuse shall be deposited and no building or structures shall be located within 50 feet of the nearest property line. 4-56 New Hanover County, NC | Unified Development Ordinance b. The operation of the landfill shall be carried out in accordance with the standards and procedures prescribed by the NC Department of Environmental Quality. D. Warehousing, Storage, & Wholesale Sales and Distribution 1. Recreational Vehicle and Boat Trailer Storage Lot [11-16-2020] Recreational vehicle and boat trailer storage lots shall comply with the following standards: a. The use shall be solely open-air and ground level. No enclosing or overhead covering structures shall be installed. b. Access shall be from a public or private street right-or-way. c. A minimum buffer of 20 feet shall be provided in accordance with the provisions of Section 5.4: Landscaping and Buffering. d. Repair, maintenance, or habitation of any recreational vehicle or boat stored in the facility is prohibited. 2. Warehousing [11-16-2020] Storage of live animals, explosives, and flammable gases or liquids is prohibited in warehousing in the B-2 and CS Districts. 3. Wholesaling [11-16-2020] Wholesaling shall comply with the following standards: a. Wholesaling of live animals, explosives, and flammable gases or liquids is prohibited in the B-2 and CS Districts. b. No outside storage is allowed in the PD, B-2, and AC Districts. E. Waste & Salvage 1. Commercial Recycling Facility, Large Collection [11-16-2020] Large collection commercial recycling facilities shall comply with the following standards: a. The facility may be larger than 500 square feet and on a separate property or tract of land. b. Facilities permitted by special use permit shall be limited to receiving only paper, glass, metal, and plastic recyclable products. c. The site must be monitored daily to maintain sanitary conditions. d. The facility and its appurtenant uses shall not be located closer than 100 feet to any residentially-zoned property. e. Loading and outside storage shall comply with the following standards: Unified Development Ordinance | New Hanover County, NC 4-57 1. All loading and outside storage shall be to the side and/or rear of the building. 2. Storage or loading conducted on the side of the building shall be screened from view from the adjacent right-of-way. 3. All exterior storage shall be in containers or under shelters that are covered and secured. 4. No outside storage shall be visible from residentially-zoned property. f. The facility may not operate between the hours of 7:00 PM and 7:00 AM when adjacent to residentially-zoned property. 2. Commercial Recycling Facility, Processing [11-16-2020] Processing commercial recycling facilities shall comply with the following standards: a. The facility and its appurtenant uses shall not be located closer than 150 feet to any residentially-zoned properties. b. Power-driven equipment is permitted. c. Loading and outside storage shall comply with the following standards: 1. All loading and exterior storage shall be to the side or rear of the building. 2. Storage or loading conducted to the side of the building shall be screened from view from the adjacent right-of-way. 3. All exterior storage shall be in containers or under shelters that are covered and secured. 4. No outside storage shall be visible from residentially-zoned properties. d. The facility shall not emit dust, smoke fumes, or vibrations detectable on adjacent properties. 3. Commercial Recycling Facility, Processing and Collection [11-16-2020] Commercial Recycling Facilities, Processing and Collection shall meet the standards of Commercial Recycling Facility, Processing and either Commercial Recycling Facility, Large Collection or Commercial Recycling Facility, Small Collection, whichever collection use is applicable. In the event where there is a conflict in standards between the Processing use and applicable Collection use, the most stringent standards shall apply. 4. Commercial Recycling Facility, Small Collection [11-16-2020] Small collection commercial recycling facilities shall comply with the following standards: 4-58 New Hanover County, NC | Unified Development Ordinance a. The facility may not exceed 500 square feet in size. b. Facilities shall be limited to receiving only paper, glass, metal, and plastic recyclable products. c. The facility must be located on a host tract, provided is does not occupy parking spaces needed by the primary use to comply with the requirements of Section 5.1, Parking and Loading. d. The facility must be set back at least 10 feet from any street right-of- way. e. The facility shall be located at least 100 feet from any residentially zoned property line. f. No power-driven equipment is allowed except collection trucks. g. Containers shall be constructed of durable, waterproof, and rustproof materials. h. No material storage outside the container is allowed. i. No signage other than an identification logo not exceeding ten square feet attached to the storage container is allowed. j. The name, address, and p hone number of the organization and/or persons responsible for pick-ups and maintenance of the facility shall be displayed on the container. k. The site must be monitored daily to maintain sanitary conditions. l. The facility shall not reduce the landscaping required for any concurrent use. 5. Landfill, Demolition [11-16-2020] Demolition landfills shall comply with the following standards: a. A site plan for the proposed demolition landfill meeting the requirements outlined in Section 10.3.6, Site Plan, shall be submitted to the NHC Environmental Health and Planning and Land Use departments for review and approval in accordance with NC Solid Waste Management Rules. b. No demolition landfill shall be located within 500 feet of any residence, church, school, and/or place of assembly nor within 100 feet from any stream, creek, canal, marsh, estuarine waters, lake, river, and/or impoundment. c. The filling of lower lying areas with demolition materials may be subject to Army Corps of Engineers 404 permits and the Division of Coastal Management’s major CAMA permit. d. All demolition landfills shall have access from a platted and recorded road and each site shall be accessed only through an arterial or collector street. e. A buffer shall be required which shall consist of a minimum of 3 rows of vegetation in accordance with Section 5.4, Landscaping and Unified Development Ordinance | New Hanover County, NC 4-59 Buffering, or earthen berms with screening plants of sufficient height to screen the landfill area from view. f. The developer/owner shall be responsible for obtaining a Sedimentation and Erosion Permit. g. Demolition landfills shall not exceed 30 feet in height with side slopes not to exceed a 3 horizontal:1 vertical ratio. h. One temporary sign not exceeded 32 square feet in area shall be erected on the site during the period that landfilling activity is permitted. The sign is to include the owner/operator’s name and telephone number and the hours of operation. Upon cessation of the landfill, the sign shall be dismantled and removed with the exception of the landfill closure notification sign which shall be removed six months after closure. i. After obtaining all necessary permits, the owner/developer shall have prepared a legal description that would be sufficient as an instrument of conveyance of the property. This description, along with a site map and a certified copy of applicable permits shall be filed for recordation with the Register of Deeds. The documents shall be filed under the name of the owner and shall specifically state that the site was granted a permit for disposal of demolition debris. After these documents have been properly recorded, a certified copy shall be filed with the Planning & Land Use Department. j. The developer/owner of the disposal site shall provide free and unobstructed access during normal operation hours to county officials charged with the administration of this ordinance. k. All existing landfills that do not have a valid permit shall comply with these regulations immediately. 6. Landfill, Landscape [11-16-2020] Landscape landfills shall comply with the following standards: a. A site plan for the proposed landscape landfill meeting the requirements outlined in Section 10.3.6, Site Plan, shall be submitted to the NHC Environmental Health and Planning and Land Use departments for review and approval in accordance with NC Solid Waste Management Rules. b. No landscape landfill shall be located within 500 feet of any residence, church, school, and/or place of assembly nor within 100 feet from any stream, creek, canal, marsh, estuarine waters, lake, river, and/or impoundment. c. The filling of lower lying areas with landscape materials may be subject to Army Corps of Engineers 404 permits and the Division of Coastal Management’s major CAMA permit. d. The developer/owner of the disposal site shall provide free and unobstructed access during normal operation hours to county officials charged with the administration of this ordinance. 4-60 New Hanover County, NC | Unified Development Ordinance e. All existing landfills that do not have a valid permit shall comply with these regulations f. The disposal of naturally occurring materials such as stumps, limbs, leaves, and dirt, that are generated on-site during the construction of residential projects are permitted with no further standards provided the material does not exceed a 0.5-acre footprint. g. All other landscape landfills must comply with the following standards: 1. The landfill shall have access from a platted and recorded road and each site shall be accessed only through an arterial or collector street. 2. A buffer shall be required which shall consist of a minimum of 3 rows of vegetation in accordance with Section 5.4, Landscaping and Buffering, or earthen berms with screening plants of sufficient height to screen the landfill area from view. 3. The developer/owner shall be responsible for obtaining a Sedimentation and Erosion Permit. 4. Landscape landfills shall not exceed 30 feet in height with side slopes not to exceed a 3 horizontal:1 vertical ratio. 5. One temporary sign not exceeded 32 square feet in area shall be erected on the site during the period that landfilling activity is permitted. The sign is to include the owner/operator’s name and telephone number and the hours of operation. Upon cessation of the landfill, the sign shall be dismantled and removed with the exception of the landfill closure notification sign which shall be removed 6 months after closure. 6. After obtaining all necessary permits, the owner/developer shall have prepared a legal description that would be sufficient as an instrument of conveyance of the property. This description, along with a site map and a certified copy of applicable permits shall be filed for recordation with the Register of Deeds. The documents shall be filed under the name of the owner and shall specifically state that the site was granted a permit for disposal of demolition debris. After these documents have been properly recorded, a certified copy shall be filed with the Planning & Land Use Department. 7. Junk Yards, Scrap Processing Scrap processing junk yards shall comply with the following standards: a. The minimum front setback shall be 100 feet from any street right-of- way. b. All open storage shall be screened by the use of natural objects, plantings, fences, or other appropriate means so as not to be visible from streets and/or adjacent properties. c. No junk yard or scrap processor shall be established within 500 feet of any residentially zoned or developed area. Unified Development Ordinance | New Hanover County, NC 4-61 8. Septage, Sludge Disposal Septage and sludge disposal sites shall comply with the following standards: a. Each sludge disposal site shall be located a minimum of 250 feet from a residence, place of business or church and 100 feet from any stream, canal, marsh, coastal water, lake or impoundment, subsurface drainage, or drainage ditch. b. Each septage disposal site shall be located a minimum of 1,000 feet from a residence, place of business, or church and 100 feet from any stream, canal, marsh, coastal water, lake or impoundment, subsurface drainage, or drainage ditch. c. A planted buffer strip, as specified in Section 5.4, Landscaping and Buffering, shall be provided along all front, side, and rear property lines, except in areas designated for ingress and egress. d. Each site shall be posted “No Trespassing” and at each entrance legible signs of at least two square feet must be posted stating “Caution-Sludge or Septage Disposal Area” or other similar language conveying this warning. e. No septage or sludge shall be deposited and no building or structures shall be located within 100 feet of the nearest property line in the disposal site area. f. The operation and responsibility of said use shall be carried out in accordance with all standards and rules prescribed by the NC Division of Health Services and the NHC Health Department. Section 4.4. Accessory Use and Structure Standards 4.4.1. PURPOSE This section authorizes the establishment of accessory uses and structures that are customarily subordinate to principal uses, provided that the accessory use or structure complies with all applicable standards in this section. 4.4.2. APPROVAL OF ACCESSORY USES AND STRUCTURES All principal uses allowed in a zoning district shall be deemed to include those accessory uses, structures, and activities typically associated with this use, unless specifically prohibited in this ordinance. All accessory uses shall be subject to the standards in this section, as well as any applicable use-specific standards required for the associated principal use as set forth in this article. 4-62 New Hanover County, NC | Unified Development Ordinance 4.4.3. PERMISSIONS FOR SPECIFIED ACCESSORY USES AND STRUCTURES Table 4.4.3: Accessory Use Table, identifies which uses are permitted by right, permitted subject to approval of a special use permit, and prohibited in each zoning district. Permissions for the RFMU and EDZD districts are outlined in Article 3: Zoning Districts. The meanings of abbreviations in Table 4.4.3 are set forth in subsections A through C below. A. A “P” in a cell indicates the use is permitted by right in the zoning district. Permitted uses, except for exempt bona fide farm uses, are subject to all other applicable standards of this UDO. B. An “S” in a cell indicates that the use is allowed only if reviewed and approved as a special use in accordance with 10.3.5, Special Use Permit. Special uses are subject to all other applicable standards of this UDO. C. A blank cell indicates that the use is not allowed in the respective zoning district. Table 4.4.3: Accessory Use Table Key: P = Permitted by Right S = Special Use Permit Required blank cell = not allowed Accessory Uses Zoning Districts RA AR R-20S R-20 R-15 R-10 R-7 R-5 RM F -L RM F -M RM F -MH RMF -H PD UM X Z B-1 CB B-2 O& I SC CS AC I-1 I-2 Accessory Dwelling Unit P P P P P P Accessory Structure P P P P P P P P P P P P P P P P P P P P P P P Accessory Use, Customary P P P P P P P P P P P P P P P P P P P P P P P Dry Stack Boat Storage Facility, at a Marina S S S S P P P P P P Electronic Gaming Operation P P P P Electric Vehicle Charging Station [11-16-2020] P P P P P P P P P P P P P P P P P P P P P P P Farm Stand P P P P P P P P P Home Occupation [11-16-2020] P P P P P P P P P P P P P P P P P P P P P P P Residential Private Pier P P P P P P P P P P P P P Solar Energy Collection Facility, Accessory [11-16-2020] P P P P P P P P P P P P P P P P P P P P P P P RV or Travel Trailer Dwelling [09-08-2020] P P P P P P P P Small Watercraft Storage [09-08-2020] P P P P P P P P P P P P P P P P P P P P P P P Stormwater Facilities on Contiguous Properties P P P P P P P P P P P P P P P P P P P P P P P Wind Energy Collection Facility, Accessory [11-16-2020] P P P P P P P P P P P P P P P P P P P P P P P Unified Development Ordinance | New Hanover County, NC 4-63 4.4.4. STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES A. Accessory Dwelling Unit Detached accessory dwelling units shall be allowed in districts where permitted by right, subject to the following requirements: 1. Only one accessory apartment shall be permitted by right. 2. Area sufficient for two off-street parking spaces shall be required. 3. Proof of adequate water and sewer capacity from the appropriate provider (CFPUA, etc.) shall be provided if accessory units are not included in subdivision approvals. 4. In the RMF districts, accessory apartments shall only be allowed when constructed in connection with any single family detached development allowed within the district. 5. In conventional subdivisions, the subject lot must exceed the minimum lot area of the applicable zoning district by at least 50 percent or 5,000 square feet, whichever is less. 6. In performance subdivisions, accessory units shall be considered a dwelling unit for density requirements, and new accessory units may not increase density beyond the maximum allowed in the applicable zoning district. 7. The entire accessory unit shall not exceed 50 percent of the gross total enclosed heated square footage of the existing single-family dwelling or 1,200 square feet, whichever is less. 8. The side setbacks for the detached unit shall be no less than required for the principal structure and a minimum of five feet. 9. Rear setbacks for the detached unit shall be a minimum of five feet. 10. The detached unit shall be located completely behind the plane of the rear façade of the principal structure unless constructed over a detached garage. B. Accessory Structure [05-03-2021] Accessory structures shall comply with the following standards: 1. No accessory structure shall be erected in any required yard nor within five feet of any other structure, except that accessory structures not exceeding 600 square feet may be permitted in the required side and rear yards provided such accessory structures are at least five feet from the property line and do not encroach into any required easements. 2. Accessory structures not exceeding 50 square feet and used exclusively to house well and pump equipment may be permitted in the required front, side, and rear yards, provided such accessory structures are at least five feet from any property line and do not encroach into any required easements or sight angles. 4-64 New Hanover County, NC | Unified Development Ordinance 3. HVAC units elevated to comply with flood plain regulations may be permitted in any side setback provided the supporting structure is at least five feet from the adjoining property line. 4. An accessory structure or use may be located on another contiguous or noncontiguous lot from the principal use it is associated with to the extent that the principal use itself would also be permitted on such lot. C. Accessory Use, Customary 1. No additional permits beyond those obtained for the principal use are required unless otherwise specified. 2. No use-specific standards apply unless required elsewhere in this ordinance. D. Dry Stack Boat Storage Facility, At A Marina Dry stack boat storage facilities at a marina in residential districts and in the B-1 District shall comply with the following standards: 1. Facilities accessory to marinas approved by a special use permit must be included in the permit approval for the marina as described in Section 4.3, Standards for Specified Principal Uses. 2. Setbacks for facilities from any residential property line shall be not less than 2.75 times the height of the structure if enclosed or the highest point of a stored vessel if unenclosed. In no case may the setback be less than the requirements of the underlying zoning district. 3. Appearance of stacked storage should retain the character of the surrounding residential areas and provide opaque vegetative buffers to reduce visual impacts. 4. Projects shall be designed so that the use of noise-generating activities, such as large marine forklifts, boat haul out or boat repair approved as part of a special use permit will be located as far away from residential structures as feasible to lessen impacts on the residential quality of life. E. Electronic Gaming Operation [11-16-2020] Electronic gaming operations shall comply with the following standards: 1. The principal commercial operation must be permitted as a use by right. 2. The operation shall be located within the same structure or unit as the principal use. 3. The maximum number of machines/terminals/computers allowed per business units is two devices. 4. For situations in which there are multi-unit or multi-tenant commercial buildings and more than one unit wishes to include gaming operations, a special use permit meeting the standards of Section 4.3, Standards for Specified Principal Uses, is required. In no case can the cumulative total number of machines for a business center, multi-unit or multi-tenant building exceed ten. Unified Development Ordinance | New Hanover County, NC 4-65 5. Off-street parking shall include one additional space per machine over and above the normal parking standards for the principal use in accordance with Section 5.1, Parking and Loading, and all parking must comply with all other provisions of Section 5.1, Parking and Loading. F. Home Occupation Home occupations shall comply with the following standards: 1. Only one person other than members of the family residing on the premises shall be engaged in such application. 2. The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purposes by its occupants, and not more than 25 percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation. 3. There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one sign not exceeding 2.25 square feet in area, non-illuminated, and mounted flat against the wall of the principal building. 4. No home occupation shall be conducted in any accessory structure. [05- 03-2021] 5. No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in any required yard. Vehicles used primarily as passenger vehicles including pickup trucks and step-type vans only shall be permitted in connection with the conduct of the customary home occupation. 6. No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, or electrical interference detectable to the normal senses off the lot. In the case of the electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltages off the premises. 7. No display of products shall be visible from the street and the selling of merchandise or the manufacture of merchandise for sale except baking, sewing, and/or handicrafts normally made in the home cannot be the primary function of the home occupation. 8. Instruction in music, dancing, or tutoring of academic subjects shall be limited to four students at a time. G. Residential Private Pier All piers must meet Coastal Area Management Act standards. H. RV or Travel Trailer Dwelling Use of recreation vehicles or travel trailers as dwelling units is only allowed in approved Campground/Recreational Vehicle (RV) Park uses. This shall not be 4-66 New Hanover County, NC | Unified Development Ordinance construed to exclude the use of recreational vehicles or travel trailers as permitted Temporary Relocation Housing or to prohibit the parking of recreational vehicles in locations where parking of personal automobiles is allowed, such as approved parking spaces or residential driveways. This also does not exclude sales display of recreational vehicles or travel trailers allowed as accessory to a permitted commercial use. [09-08-2020] I. Small Watercraft Storage Structures, such as kayak racks, for the storage of small watercraft are allowed in all zoning districts as accessory uses, excepting that they shall only be allowed as accessory to Community Boating Facilities and Outdoor Recreational Establishments provided that: 1. Structures shall be reviewed for compliance with building code and applicable floodplain regulations. 2. When personal watercraft are not stored in an enclosed structure, all watercraft shall be required to be tied-down or removed during hurricane emergency events. 3. No structure, including stored watercraft, shall encroach into any required setbacks or easements. 4. For all Outdoor Recreational Establishments, and for Community Boating Facilities not directly abutting the residential lots or units served by the facility, one automobile parking space, in addition to existing approved spaces, shall be required for every 4 storage rack slots or fraction thereof. Bicycle parking spaces may be provided in lieu of up to two automobile parking spaces at the rate of 1 space for every storage slot. This requirement may be amended as part of an approved special use permit or subject to a parking study if authorized by Section 5.1 of this ordinance when the principal use is permitted by-right. 5. The addition of a small watercraft storage structure to a nonconforming use shall require a special use permit. J. Solar Energy Collection Facility, Accessory [11-16-2020] Accessory Solar Energy Collection Facilities shall comply with the following standards: 1. Roof-mounted solar energy collection facilities shall not extend above the exterior perimeter or beyond the roof peak of the building on which the collection facility is mounted or built. 2. Ground-mounted solar energy collection facilities shall meet the minimum requirements for accessory structures. K. Stormwater Facilities on Contiguous Properties Retention and detention facilities serving nonresidential development shall be permitted on contiguous residential tracts abutting the development served provided: Unified Development Ordinance | New Hanover County, NC 4-67 1. There is no encroachment of the commercial activity onto the adjacent residential site. 2. The adjacent residential property shall be in the same ownership as the commercial tract. 3. The residential site is not part of an existing residential subdivision except in the case of shared stormwater facilities. 4. The stormwater facility shall be setback twice the corresponding residential side and rear setbacks measured from the top of the slope to the adjacent property line. A minimum 20-foot buffer shall be provided within the setback. 5. The stormwater management facility shall be constructed as an aesthetic amenity with maximum slopes of 5:1. 6. If fencing of the facility is necessary, it shall not be chain link. L. Wind Energy Collection Facility, Accessory [11-16-2020] Accessory Wind Energy Collection Facilities shall comply with the following standards: 1. No equipment shall exceed the maximum height permitted in the zoning district. 2. All equipment, including foundation, turbines, and guy wires, shall meet the minimum required setbacks for the principal structure, and no ground- mounted wind energy collection facility shall be allowed within any portion of a front yard. 3. In the case of ground-mounted wind energy collection facilities, such facilities shall be set back from all adjoining property lines a distance equal to the height of the facility. 4. An applicant shall provide proof of an automatic braking, governing, or feathering system to prevent uncontrolled rotation, over-speeding, or excessive pressure on the wind energy collection facility, including rotor blades and turbine components. 5. The operator of a wind energy collection facility shall maintain general liability insurance coverage for the installation and operation of the facility under a standard homeowner’s or standard business owner’s insurance policy, separate and distinct from any insurance requirements of a public utility. 4-68 New Hanover County, NC | Unified Development Ordinance Section 4.5. Temporary Use Standards 4.5.1. PURPOSE This section allows for the establishment of certain temporary uses and structures of limited duration, when such uses must comply with standards, as outlined in this section. Temporary uses shall not involve the construction or alteration of any permanent building or structure. 4.5.2. GENERAL STANDARDS FOR TEMPORARY USES A. No temporary structures or trailers shall at any time be located closer than 25 feet to a property line of any adjacent property, notwithstanding the required setbacks of the zoning district in which such temporary structure or trailer is located. [05-03-2021] B. Approval for any temporary use specified in Section 4.5.3, Permissions for Specified Temporary Uses, or for any unspecified temporary structure must be reviewed for compliance with the standards of this Ordinance, including parking. C. Temporary special event uses shall be permitted subject to the standards outlined in Section 4.5.3, Permissions for Specified Temporary Uses, below, or as required by applicable County or state agencies. D. The Planning Director may approve a temporary zoning permit for a period not exceeding one month for bazaars, carnivals, religious revivals, sideshows, concerts, or sporting events. The Planning Director may impose conditions of approval to protect the safety of the occupants and the public. In the AC District, the concurrence of the airport authority is required prior to the approval of the temporary zoning permit. 4.5.3. PERMISSIONS FOR SPECIFIED TEMPORARY USES Table 4.5.3: Temporary Use Table, identifies which uses are permitted by right, permitted subject to approval of a special use permit, and prohibited in each zoning district. Permissions for the RFMU and EDZD districts are outlined in Article 3: Zoning Districts. The meanings of abbreviations in Table 4.5.3 are set forth in subsections A and B below. A. A “P” in a cell indicates the use is permitted by right in the zoning district. Permitted uses, except for exempt bona fide farm uses, are subject to all other applicable standards of this UDO. B. A blank cell indicates that the use is not allowed in the respective zoning district. Unified Development Ordinance | New Hanover County, NC 4-69 Table 4.5.3: Temporary Use Table Key: P = Permitted by Right blank cell = not allowed Temporary Uses Zoning Districts RA AR R-20 S R-20 R-15 R-10 R-7 R-5 RM F -L RM F -M RM F -MH RM F -H PD UM X Z B-1 CB B-2 O& I SC CS AC I-1 I-2 Circuses, Carnivals, and Fairs P P P P P P P Construction Office P P P P P P P P P P P P P P P P P P P P P P P Debris Site [11-16-2020] P P P P P P P P P P P P P P P P P P P P P P P Farmers’ Market P P P P P P P P P P P P P P Seasonal Sales P P P P P P P P P P P Special Fundraising for Non-profit Organizations P P P P P P P P P P P P P P P P P P P P P P Temporary Emergency Services Facility [11-16- 2020] P P P P P P P P P P P P P P P P P P P P P P P Temporary Family Healthcare Structure [11-16-2020] P P P P P P P P P P P P P P P P P P P P P P P Temporary Real Estate Office/Model P P P P P P P P P P P P P P P P P P P P P P P Temporary Relocation Housing P P P P P P P P P P P P P P P P P P P P P P P Travel Trailers See Section 4.3.4.E.2 for Campground/Recreational Vehicle (RV) Park standards 4.5.4. STANDARDS FOR SPECIFIED TEMPORARY USES A. Circuses, Carnivals, and Fairs Circuses, carnivals, and fairs shall not be allowed for more than 30 days’ duration per year. B. Construction Office Construction offices shall comply with the following standards: 1. Temporary buildings or trailers may be used as construction offices, field offices, or for storage of materials to be used in connection with the development of said tract, provided that said temporary structures are removed from said tract within 30 days after completion of the project development, after voluntary suspension of work on the project or development, after revocation or expiration of building permit or an order by the Building Safety Director upon a finding that said temporary structure is deemed hazardous to the public health and welfare. 2. Such temporary buildings or trailer may not be used as a dwelling unit. 4-70 New Hanover County, NC | Unified Development Ordinance C. Debris Site [11-16-2020] Debris sites shall comply with the following standards: 1. No debris may be located so as to encroach into, or wholly or partially obstruct, any street, right-of-way, driveway, building, sidewalk, multi-use path, fire lane, fire hydrant, or other public infrastructure or utility easement. 2. Debris sites are limited to no more than 30 total consecutive calendar days at one time, unless granted an extension by the Planning Director. D. Farmers’ Market Farmers’ markets shall comply with the following standards: 1. Sales are limited to a cumulative total of no more than 60 days per calendar year. 2. All vendors must be original producers of items for sale. 3. Eligible products for temporary farmers’ markets are fruits, vegetables, herbs, flowers, eggs, meats, seafood, cheese, baked goods, jellies and jams, honey, and handmade crafts, consistent with NC Food and Drug and Department of Agriculture and all other federal, state, and local laws relating to the production and selling of such goods. 4. A minimum of 75 percent of the products displayed and offered for sale must be directly linked to farm products, and documentation of how these standards will be met shall be specified on the submission for zoning approval. 5. The proposed time schedule and duration of the use must be specified on the submission for zoning approval. 6. Minimum lot size shall be no less than two acres for farmers’ markets. 7. The site shall front on a collector or arterial roadway. 8. Approved NCDOT driveway permit is required. 9. Ingress, egress, circulation, and parking plans shall describe any measure proposed to assure safety and minimize traffic impacts on surrounding areas. 10. Adequate solid waste disposal methods must be provided for vendors and customers. 11. Only temporary signage shall be allowed for these temporary uses. A maximum of two temporary signs shall be allowed on site to advertise for the market as a whole. a. Temporary signage consistent with the permit may be installed no more than two days prior to the start of market activities and shall be removed at the conclusion of operating hours. b. Individual signs shall not exceed 35 square feet in sign area. c. All permitted signs shall have a maximum height of six feet and shall be set back a minimum of ten feet from any property line. Unified Development Ordinance | New Hanover County, NC 4-71 d. Illumination of signage is prohibited. 12. Parking a. One parking space is required for every 800 square feet of gross market size, with a minimum of two spaces. Spaces shall meet the minimum size requirements as identified in Section 5.1, Parking and Loading. b. Parking shall be provided on the same site as the farmers’ market or may be located off-site provided that it is within 400 feet of the main entrance of the market. If parking is provided off of the primary parcel, then a written parking agreement between the responsible party and the parcel owner shall be provided prior to the issuance of any permit. Adequate and safe ingress and egress shall be provided by the farmers’ market management or the property owner. c. All parking must occur in designated areas. No parking shall occur in any unimproved parking surfaces such as, but not limited to, landscape parking islands, medians, or open/passive recreation space. 13. A site layout showing the proposed marketing area (vendor spaces, staging, sales and display areas, and customer promenades), parking, traffic circulation, lighting, waste disposal method, signage, and other site amenities must be submitted for approval. 14. Tents or other shelters must meet fire safety codes and shall be disassembled after market hours of operation. Tents shall be located so that they will not interfere with the normal operations of any permanent use on the property. 15. The proposed location may not be part of designated recreation, open space, or common area in an approved residential subdivision. 16. Restroom facilities for the public may be required for compliance with the NC Building Code. 17. If structures are proposed or required, the plan shall be reviewed for compliance with the Americans with Disabilities Act and other building codes. 18. Live animals or birds shall not be sold or displayed. 19. No bands, amplified music, or other entertainment shall be allowed. 20. No concessions for consumption on site and no cooking of products shall be allowed on the site. 21. No alcohol products shall be allowed. 22. Any proposal for a permanent farmers’ market, and any temporary farmers’ market proposing to exceed the standards or limitations outlined in this section, may be allowed at the discretion of the Board of County Commissioners only upon issuance of a Special Use Permit under the terms outlined in Article 10: Administrative Procedures. 4-72 New Hanover County, NC | Unified Development Ordinance E. Seasonal Sales Seasonal sales are limited to a duration of 45 days per calendar year. F. Special Fundraising for Non-Profit Organizations Special fundraising for non-profit organizations is limited to a duration of 45 days per calendar year. G. Temporary Family Healthcare Structure A temporary family healthcare structure shall not be placed on a permanent foundation. [05-03-2021] H. Temporary Real Estate Office/Model Temporary real estate offices or sales offices may be established in a display dwelling unit or temporary building provided that said offices are closed and the operation discontinued and all temporary structures and facilities are removed from the tract upon the completion of the sale, rent, or lease of 95 percent of the dwelling units or lots of said tract. I. Temporary Relocation Housing Temporary relocation housing shall comply with the following standards: 1. The proposed location shall be within a disaster area with specifically defined boundaries and under specific conditions as determined by a federal Disaster Declaration where public or individual assistance is made available, or as determined by the County Manager. 2. Temporary accommodations for the displaced as permitted by this section shall not be installed for more than 12 months from the date of the declaration or determination, except as authorized by the Board of Commissioners. 3. Temporary housing units shall be removed from the site within 30 calendar days after completion of the rehabilitation work which may include, but not be limited to, issuance of a Certificate of Occupancy, Certificate of Completion, or final inspection if this occurs prior to the 12- month expiration or Board authorization term. 4. All applicants for temporary housing units shall register with the Planning Department. 5. Temporary housing units may be subject to additional agency approvals which may include, but not be limited to, water supply, wastewater disposal, solid waste management and disposal, building permits, stormwater permits, or other utilities through the applicable regulatory office. Additional code requirements which may include, but not be limited to, building code and fire code shall be adhered to. 6. Temporary housing units shall comply with either the minimum National Flood Insurance Program standards as set forth in Code of Federal Regulations, Title 44 Part 60 or Article 9: Flood Damage Prevention. 7. Each housing unit shall have a minimum setback of five feet from any street right-of-way or property line. Unified Development Ordinance | New Hanover County, NC 4-73 8. For temporary housing units in a community or group setting, the following shall apply: a. All units shall be set back a minimum of 20 feet from the perimeter of the site. b. A sketch plan showing the general location and estimated number of units, parking, access points and traffic circulation, and provisions for utilities including power, water supply, wastewater disposal, stormwater management, and solid waste management shall be submitted to the Planning Director.