TA23-01_STAFF REPORT-Conservation Resources Standards-PBSTAFF REPORT FOR TA23-01
TEXT AMENDMENT REQUEST
REQUEST SUMMARY
Case Number: TA23-01
Request:
To amend Section 5.7 Conservation Resources to clarify the applicability of provisions.
Applicant: Subject Ordinances:
New Hanover County Unified Development Ordinance (UDO)
Purpose & Intent
The key intent of this amendment is to clarify that the County’s conservation resource standards
apply to development on all parcels, excluding specific exceptions for parcels of record on
December 1, 1984, the original effective date of the provisions.
BACKGROUND
On October 1, 1984, the New Hanover County Board of Commissioners adopted standards for
identified conservation resources, such as swamp forests, marshes, and archaeological resources
that became effective on December 1, 1984. These standards were applied to the development
and improvement of property, including the subdivision of land, on all properties located wholly or
partially within a designated conservation overlay district.
This ordinance did exclude particular uses, which a subsequent August 4, 2008 amendment clarified
only applied to parcels that existed prior to the original December 1, 1984 effective date (as the
conservation resource standards would have been applied to any subdivision or property after that
date).
In January 2020, the Board of Commissioners approved the Unified Development Ordinance, which
consolidated all the County’s development regulations into one document. Some regulations,
including the conservation resource standards were reorganized as part of this consolidation, and
the overlay district was converted to general development standards. As outlined in the summary sheet provided to the Commissioners with that amendment, this change sought to “clarify how these
provisions apply to particular properties, [so] the conservation standards have been moved to
Article 5: General Development Standards and will no longer be treated as a zoning overlay. The
standards will apply to whenever the natural resource is present on a property.”
This was not intended to modify the application of the conservation resource standards, as the
approval ordinance of the UDO consolidation specifically stated that “the reorganized unified
document will update provisions to reflect current practice and laws and clarify current practices”
and “the reorganization is not intended to change the regulations that apply to properties.” This
reorganization was scoped narrowly to avoid policy changes.
During this reorganization, the clarifications made in the 2008 amendment were removed as, with
the original standards, it was clear to staff that they would have been applied to all parcels with
conservation resources created after the 1984 effective date. This had been the way they had
been interpreted and applied since 1984. Recent questions, however, have indicated that the
revised applicability language is less clear than the previous text.
PROPOSED AMENDMENT
The proposed text amendment is attached, with red italics indicating new language and
strikethrough indicated text that is to be removed.
The proposed amendment clearly states that the standards apply to all developments and
improvements, including the division of land, and specifies that they apply to all parcels created
since the December 1, 1984 effective date. The only exemptions for lots of record prior to
December 1, 1984 include:
• The development of one single family home detached structure, one residential duplex, or
the location of two or fewer mobile homes on a parcel of record as of December 1, 1984,
the effective date of these provisions.
• Commercial, industrial, office or institutional development on lots of record as of December
1, 1984 that involve a land disturbance of less than one acre in area.
• The development or division of a parcel of record as of December 1, 1984 that meets both
of the following conditions:
o No part of the development or division shall be located within a distance equal to
or less than the setback distance specified in Section 5.7.4, Additional Performance
Controls, of any conservation resource or space existing on the parcel or on a
contiguous parcel of record.
o No part of the development or division shall be located on any portion of the parcel
that is part of the upper drainage basin for any conservation resource or space on
the parcel or within the specified setback on a contiguous parcel of record.
STAFF RECOMMENDATION
Staff recommends approval of the requested amendment and suggests the following motion:
I move to RECOMMEND APPROVAL of the proposed amendment to the New Hanover
County Unified Development Ordinance to clarify that the County’s conservation resource
standards apply to development on all properties, excluding specific exceptions for parcels
of record on December 1, 1984, the original effective date of the provisions. I find it to be
CONSISTENT with the purpose and intent of the 2016 Comprehensive Plan because it
continues efforts to conserve and enhance our unique sense of place, promote
environmentally responsible growth, and conserve environmentally sensitive areas. I also
find RECOMMENDING APPROVAL of the proposed amendment reasonable and in the
public interest because it clarifies current conservation resource standards applicability for
stakeholders and code users.
Subject Articles and Sections
• Section 5.7. Conservation Resources o 5.7.2. Applicability