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2022 Maintenance Amendment -Additions & Modernizations Summary Packet Unified Development Ordinance (UDO) Maintenance Amendment – Additions & Modernizations Code Sections Affected Section 2.1, Measurements Section 3.2.3, Residential District Specific Standards Section 5.3.7, Mitigation Section 5.4.6, Street Yard Standards Section 5.5, Exterior Lighting Key Intent Add provisions to modernize standards and ensure ordinance can address new development trends Changes • Standards regarding fixture height and cut-offs added for light fixtures on non-residential and multi-family sites adjacent to single family neighborhoods to reduce potential impacts. (See Section 5.5, Exterior Lighting) • Extension of current limits on inoperative motor vehicles on residential lots to inoperative boats, limiting more than one inoperative boat on a property unless within an enclosed structure. (See Section 3.2.3, Residential District Specific Standards) • Specifications provided for the extent building appurtenances, such as HVAC systems and cantilevers, can encroach into a setback. (See Section 2.1, Measurements) • Tree mitigation requirements for projects in the Hwy 421 industrial corridor removed to support ongoing investment, though specimen tree protections landscaping and buffering requirements would still apply. In addition, supplementary street yard landscaping requirements to enhance the corridor would also be required. Note: At the August 4, 2022 Planning Board meeting, staff was requested to look into a potential amendment that would alleviate development challenges in this area related to existing tree retention standards. (Section 5.3.7, Mitigation and Section 5.4.6, Street Yard Standards) Provisions updated per September 1, 2022 Planning Board public hearing recommendations are shown in bold blue text or crossed out red, italics. 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners Public Hearing Draft – Additions & Modernizations Article 2: Measurements and Definitions Section 2.1. Measurements ENCROACHMENTS Certain building features, mechanical equipment and other landscape features are allowed to encroach upon the front, side and rear setbacks and into the periphery setback for lots within performance residential subdivisions. Encroachments into access easements are prohibited. All encroachments are subject to the standards found in Article 9: Flood Damage Prevention, but the definition included there is for the purpose of that article only. A. ARCHITECTURAL FEATURES Building features, such as but not limited to, balconies, bay windows, cantilevers, chimneys, cornices, eaves, fire escapes, and sills, may encroach 4 feet into a required setback but no closer than 3 feet from any property line and must meet all fire and building code requirements. B. MECHANICAL EQUIPMENT Mechanical equipment, such as but not limited to, heating and air conditioning equipment, backup power generator, electrical fuse box and meter, or natural gas meter may encroach 5 feet into a required setback but no closer than 3 feet from any property line so long as fire, building, and manufacturer’s requirements are met. C. ACCESSIBILITY FEATURES 1. Stairs and exterior elevators may encroach 2 feet into a required setback but no closer than 3 feet to the property line. 2. Americans with Disabilities Act-required accessibility features or temporary accessibility ramps may encroach into a required setback as necessary to meet building code requirements but must be a minimum of 3 feet from the property line. SETBACK The minimum distance a building or structure must be separated from the lot lines. Setbacks are specified as front, side, and rear; are located within the corresponding front, side, and rear yards; and establish the minimum required front, side, and rear yards. Setbacks shall not be occupied or obstructed by a structure or portion of a structure, unless otherwise allowed by another provision of this Ordinance. Setbacks shall be measured from the structure. If a roof overhang extends more than two feet from the structure, the setback shall be measured from the drip line of the roof. Cantilevers shall be considered part of the roof overhang if the combined distance of the cantilever and roof overhang do not extend more than 2 feet. Fences, walls, poles, posts, and other customary yard accessories, ornaments, and furniture may be permitted in any setback subject to height limitations and requirements limiting obstruction of visibility. Private driveways or easements serving three or fewer lots in accordance with Section 5.2.2.3 may also be permitted in any setback. 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners Public Hearing Draft – Additions & Modernizations Minimum setback distances for overhead canopies shall be determined by measuring a straight line distance from the nearest point of the required reference boundary (i.e., street right-of-way, zoning district line, or property line) to the point on the ground surface which is perpendicular to the closest edge of the canopy overhang. Setback distances from street rights-of-way may be reduced by one half. A. SETBACK, FRONT The depth of a front setback shall be measured at right angles to a straight line joining the foremost points of the side lot lines, and in such a manner that the front yard established shall provide minimum depth parallel to the front lot line. B. SETBACK, SIDE The width of a side setback shall be measured in such a manner that the side yard established is a strip of the minimum width required by the district regulations with its inner edge parallel with the side lot line. C. SETBACK, REAR The depth of a rear setback shall be measured in such a manner that the rear yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. D. SETBACK LINE The line on the front, rear, and sides of a lot, which delineates the area upon which a structure may be built and maintained. Article 3: Zoning Districts Section 3.2. Residential Zoning Districts 3.2.3. RESIDENTIAL DISTRICT SPECIFIC STANDARDS A. Storage of Inoperative Motor Vehicles and Boats a. It shall be unlawful for any person to store, keep, or maintain more than one inoperative motor vehicle in any residential district. b. It shall be unlawful for any person to store, keep, or maintain more than one visiblly inoperative, wrecked, or dismantled boat outside of an enclosed accessory structure in any residential district. 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners Public Hearing Draft – Additions & Modernizations Article 5: General Development Standards Section 5.3. Tree Retention 5.3.7. MITIGATION A. When Significant Trees are authorized for removal by a tree removal permit or Specimen Trees are authorized for removal by a variance, they shall be replaced at a rate of 2.0 times the caliper inches at DBH removed, except as provided in subsections D and E below and Section 5.3.8, Optional Incentives for Retaining Trees. B. Each replacement tree shall be a minimum of 2-inch caliper size at time of planting. C. Replacement trees should reflect the type (e.g., hardwood, flowering, evergreen, deciduous, canopy, understory, etc.) of tree being removed to the maximum extent practicable based on the compatibility of the species with proposed buildings and infrastructure, existing environmental conditions, and diversity of tree species. D. If the Planning Director determines it is infeasible for a portion or all of the replacement tree(s) to be accommodated on the site, the Planning Director may direct that an in-lieu fee be paid to the County’s Tree Improvement Fund. The mitigation fee as set forth in the County’s fee schedule shall be charged for every inch at DBH of Significant Tree removed and two times every inch at DBH of Specimen Tree removed. E. Properties zoned I-2 located along the Hwy 421 corridor between the Isabel Holmes Bridge to the south, the Pender County line to the north, the Cape Fear River to the west, and the Northeast Cape Fear River to the east shall not be required to mitigate removed Significant trees or Specimen trees. These sites shall still be required to meet all requirements of Section 5.4, Landscaping and Buffering or pay an in-lieu fee as described in D above if the Planning Director determines that required trees cannot be accommodated on the site. F. Significant Trees and Specimen Trees that are removed by spading and planted elsewhere on the site are exempt from mitigation. Significant Trees and Specimen Trees that are removed by spading and accepted by the County for planting on property at a location designated by the County Manager are exempt from mitigation. Any tree that has been transplanted for the purpose of this section and becomes diseased or dies within three years of transplanting shall be replanted by the party requesting the exemption with a tree of the same species and size or mitigated pursuant to this article. 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners Public Hearing Draft – Additions & Modernizations Section 5.4. Landscaping and Buffering 5.4.6. STREET YARD STANDARDS A. Street yard landscaping is required for new construction of principal structures, expansions to existing structures, and changes of use whenever additional off-street parking is required, excluding the following uses: 1. General Agricultural and Forestry Uses; 2. Residential development unless built to the commercial building code: 3. Private Residential Boating Facilities; 4. Cemeteries; 5. Park and Recreation Areas with no structures or parking areas; and 6. Utility lines. B. Street yard area shall be required in accordance with the specifications outlined in Table 5.4.6.B, Street Yard Area Standards. The applicant may install the street yard in any configuration that provides the required amount of street yard square footage between the property line and any site improvements and that conforms with required street yard minimum and maximum widths. Street yards may be located within any required setback. 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners Public Hearing Draft – Additions & Modernizations C. For every 600 square feet of street yard area on average, the following landscaping shall be provided: 1. One canopy/shade tree or if overhead power lines are located above the street yard, three (3) understory trees; and 2. Six shrubs, 12 inches in height at time of planting. D. For properties with frontage on Hwy 421 between the Isabel Homes Bridge to the south and the Pender County line to the north, in addition to the landscaping required by subsection C above, the property owner shall provide, within the first 10 feet of land adjacent to and parallel to the right-of-way, one deciduous or evergreen tree native to the Hwy 421 area, as included in the “Tree and Plant Materials for Landscaping” manual, a minimum of three inches caliper in size at time of planting, planted along every 40 feet of road frontage 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners Public Hearing Draft – Additions & Modernizations on average. Plantings may be moved outside this area if it is determined that overhead power lines would interfere with the trees’ natural growth. E. Street yard landscaping shall be required along all street frontages. For sites with two or more street frontages, only the primary street frontage shall be required to contain the full amount of street yard as determined in Table 5.4.6.B: Street Yard Area Standards. Secondary street frontages are required to contain 50 percent of the required street yard area. F. If there are existing trees of a minimum two inches DBH in the proposed street yard, the Planning Director may grant credit for those trees toward meeting tree preservation requirements. In addition, the Planning Director may require the saving of any regulated tree in the street yard area. G. On a case-by-case basis, the Planning Director may approve alternate planting materials or substitutions to street yard planting requirements where requirements would not be practical due to existing vegetation or other unique conditions. Such substitutions shall be determined to be in keeping with the purpose and intent of this section. H. For all lots of record two acres or less in size, if the Planning Director determines that the essential site improvements cannot be accommodated under these requirements, then the required street yard area may be reduced by one-half, but in no case shall it be reduced less than one-half. I. Walkways, sidewalks, or other bicycle and pedestrian facilities, fountains, walls or fences, and transit amenities shall be permitted within the street yard; however, parking areas shall not be permitted. Section 5.5. Exterior Lighting 5.5.3. TIME OF REVIEW Information about the exterior lighting for the site that demonstrates compliance with the standards in this section shall be submitted in conjunction with an application for site plan approval (Section 10.3.6, Site Plan) or zoning compliance approval (Section 10.3.8, Zoning Compliance Approval), whichever comes first. An administrative waiver for this requirement to allow submittal of the lighting plan no later than the time of construction plan approval may be granted by the Planning Director, provided the application is accompanied by a letter from the utility provider or lighting designer explaining why the lighting plan cannot be submitted at the time of site plan approval or zoning compliance approval. 5.5.4. GENERAL STANDARDS B. Maximum Height The height of exterior light fixtures for nonresidential, multi-family, and mixed-use developments adjacent to single family residential subdivisions shall not exceed 25 feet, whether mounted on poles, walls, or by other means. 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners Public Hearing Draft – Additions & Modernizations C. Fixture Cut-Offs All exterior luminaries, including security lighting, for nonresidential, multi-family, and mixed-use developments adjacent to single family residential subdivisions shall be full cut-off fixtures that are directed downward (see Figure 5.5.4.C: Full Cut-off Fixtures). In no case shall lighting be directed at or above a horizontal plane through the lighting fixture. Figure 5.5.4.C: Full Cut-off Fixtures 2022-10 - Unified Development Ordinance (UDO) Maintenance Amendment – Board of Commissioners Public Hearing Draft – Additions & Modernizations