HomeMy WebLinkAboutUnified Development Ordinance_Updated_06-05-2023
Unified Development Ordinance
New Hanover County, North Carolina
Updated June 5, 2023
Unified Development Ordinance | New Hanover County, NC 1-1
1-2 New Hanover County, NC | Unified Development Ordinance
ARTICLE 1: GENERAL PROVISIONS .................................................. 1-10
Section 1.1. Title ............................................................................................................................... 1-10
Section 1.2. Authority ....................................................................................................................... 1-10
1.2.1. General Authority .............................................................................................................. 1-10
1.2.2. References to North Carolina General Statutes. .............................................................. 1-10
Section 1.3. General Purpose and Intent ......................................................................................... 1-10
Section 1.4. Applicability and Jurisdiction ........................................................................................ 1-11
1.4.1. General Applicability ......................................................................................................... 1-11
1.4.2. Exemptions ....................................................................................................................... 1-11
1.4.3. No Development Until Compliance With This Ordinance ................................................. 1-11
Section 1.5. Relationship with the Comprehensive Plan ................................................................. 1-11
Section 1.6. Relationship with other Laws ....................................................................................... 1-11
1.6.1. Conflicts with other County Codes or Laws ...................................................................... 1-11
1.6.2. Conflicts with State or Federal Law .................................................................................. 1-11
1.6.3. Relationship to Private Agreements/Conflicts with Private Agreements .......................... 1-12
1.6.4. Existing Agreements or Vested Rights ............................................................................. 1-12
Section 1.7. Transitional Provisions ................................................................................................. 1-12
1.7.1. Effective Date ................................................................................................................... 1-12
1.7.2. Construction in Progress .................................................................................................. 1-12
1.7.3. Approvals Granted Before Effective Date ........................................................................ 1-12
1.7.4. Applications in Progress Before Effective Date ................................................................ 1-13
1.7.5. Violations Continue ........................................................................................................... 1-13
1.7.6. Nonconformities ................................................................................................................ 1-13
1.7.7. Permit Choice ................................................................................................................... 1-14
Section 1.8. Severability ................................................................................................................... 1-14
Section 1.9. Technical Corrections .................................................................................................. 1-14
ARTICLE 2: MEASUREMENTS AND DEFINITIONS .............................. 2-1
Section 2.1. Measurements ................................................................................................................ 2-1
Section 2.2. Rules of Construction ..................................................................................................... 2-4
2.2.1. Meanings and Intent ........................................................................................................... 2-4
2.2.2. Headings, Illustrations, and Text ........................................................................................ 2-4
2.2.3. Lists and Examples............................................................................................................. 2-4
2.2.4. Computation of Time .......................................................................................................... 2-4
2.2.5. References to Other Regulations/Publications ................................................................... 2-5
2.2.6. Delegation of Authority ....................................................................................................... 2-5
2.2.7. Public Officials and Agencies ............................................................................................. 2-5
2.2.8. Mandatory and Discretionary Terms .................................................................................. 2-5
2.2.9. Conjunctions ....................................................................................................................... 2-5
2.2.10. Tenses and Plurals ............................................................................................................. 2-5
2.2.11. Term not Defined ................................................................................................................ 2-5
2.2.12. Use and Occupation ........................................................................................................... 2-6
Section 2.3. Definitions and Terms .................................................................................................... 2-6
Unified Development Ordinance | New Hanover County, NC 1-3
ARTICLE 3: ZONING DISTRICTS........................................................... 3-1
Section 3.1. General ........................................................................................................................... 3-1
3.1.1. Zoning Map and Interpretation ........................................................................................... 3-1
3.1.2. Establishment of Zoning Districts ....................................................................................... 3-2
3.1.3. Superseding Dimensional Standards ................................................................................. 3-3
Section 3.2. Residential Zoning Districts .......................................................................................... 3-11
3.2.1. Intent ................................................................................................................................. 3-11
3.2.2. Established Residential Zoning Districts .......................................................................... 3-11
3.2.3. Residential District Specific Standards ............................................................................. 3-12
3.2.4. Rural Agricultural (RA) District .......................................................................................... 3-15
3.2.5. Airport Residential (AR) District ........................................................................................ 3-18
3.2.6. Residential 20S (R-20S) ................................................................................................... 3-20
3.2.7. Residential 20 (R-20) District ............................................................................................ 3-22
3.2.8. Residential 15 (R-15) District ............................................................................................ 3-24
3.2.9. Residential 10 (R-10) District ............................................................................................ 3-26
3.2.10. Residential 7 (R-7) District ................................................................................................ 3-28
3.2.11. Residential Moderate-High Density (R-5) District ............................................................. 3-30
3.2.12. Residential Multi-Family Low Density (RMF-L) District .................................................... 3-32
3.2.13. Residential Multi-Family Moderate Density (RMF-M) District........................................... 3-34
3.2.14. Residential Multi-Family Medium-High Density (RMF-MH) District .................................. 3-36
3.2.15. Residential Multi-Family High Density (RMF-H) District ................................................... 3-40
Section 3.3. Mixed Use Zoning Districts .......................................................................................... 3-43
3.3.1. Intent ................................................................................................................................. 3-43
3.3.2. Established Mixed Use Zoning Districts ........................................................................... 3-43
3.3.3. General Requirements for Mixed Use Zoning Districts .................................................... 3-43
3.3.4. Urban Mixed Use Zoning (UMXZ) .................................................................................... 3-46
3.3.5. Riverfront Mixed Use (RFMU) Planned Development District .......................................... 3-53
3.3.6. Exceptional Design (EDZD) Planned Development District ............................................. 3-68
3.3.7. Planned Development (PD) District .................................................................................. 3-76
Section 3.4. Commercial and Industrial Districts .............................................................................. 3-82
3.4.1. Intent ................................................................................................................................. 3-82
3.4.2. Established Commercial and Industrial Zoning Districts .................................................. 3-82
3.4.3. Neighborhood Business (B-1) District .............................................................................. 3-85
3.4.4. Community Business (CB) District ................................................................................... 3-88
3.4.5. Regional Business (B-2) District ....................................................................................... 3-90
3.4.6. Office and Institutional (O&I) District ................................................................................ 3-92
3.4.7. Shopping Center (SC) District .......................................................................................... 3-97
3.4.8. Commercial Services (CS) District ................................................................................. 3-100
3.4.9. Airport Commerce (AC) District ...................................................................................... 3-102
3.4.10. Light Industrial (I-1) District ............................................................................................. 3-107
3.4.11. Heavy Industrial (I-2) District .......................................................................................... 3-110
Section 3.5. Overlay and Special Purpose Districts ....................................................................... 3-113
3.5.1. Intent ............................................................................................................................... 3-113
3.5.2. Established Overlay and Special Purpose Zoning Districts ........................................... 3-113
3.5.3. Special Highway Overlay (SHOD) District .......................................................................... 3-1
3.5.4. Water Supply Watershed Overlay (WSW) District ............................................................. 3-3
3.5.5. Conditional Zoning (CZ) District ......................................................................................... 3-5
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ARTICLE 4: USES AND USE-SPECIFIC STANDARDS ......................... 4-1
Section 4.1. Categorization of Principal Uses .................................................................................... 4-1
4.1.1. Organization ....................................................................................................................... 4-1
4.1.2. Application and Interpretation ............................................................................................. 4-1
4.1.3. Classification of New or Unlisted Uses ............................................................................... 4-2
4.1.4. Use Classifications ............................................................................................................. 4-2
Section 4.2. Allocation of Principal Uses ............................................................................................ 4-3
4.2.1. Principal Use Permissions .................................................................................................. 4-3
Section 4.3. Standards for Specified Principal Uses ........................................................................ 4-21
4.3.1. Agricultural Uses ............................................................................................................... 4-21
4.3.2. Residential Uses ............................................................................................................... 4-21
4.3.3. Civic & Institutional Uses .................................................................................................. 4-31
4.3.4. Commercial Uses ............................................................................................................. 4-43
4.3.5. Industrial Uses .................................................................................................................. 4-53
Section 4.4. Accessory Use and Structure Standards ..................................................................... 4-60
4.4.1. Purpose ............................................................................................................................ 4-60
4.4.2. Approval of Accessory Uses and Structures .................................................................... 4-60
4.4.3. Permissions for Specified Accessory Uses and Structures.............................................. 4-60
4.4.4. Standards for Specified Accessory Uses and Structures ................................................. 4-61
Section 4.5. Temporary Use Standards ........................................................................................... 4-67
4.5.1. Purpose ............................................................................................................................ 4-67
4.5.2. General Standards for Temporary Uses........................................................................... 4-67
4.5.3. Permissions for Specified Temporary Uses ..................................................................... 4-67
4.5.4. Standards for Specified Temporary Uses ........................................................................ 4-68
ARTICLE 5: GENERAL DEVELOPMENT STANDARDS ........................ 5-1
Section 5.1. Parking and Loading ...................................................................................................... 5-1
5.1.1. Applicability ......................................................................................................................... 5-1
5.1.2. Minimum Off-Street Parking Standards .............................................................................. 5-1
5.1.3. Alternative Parking Plans ................................................................................................. 5-10
5.1.4. Off-Street Parking Design Standards ............................................................................... 5-14
5.1.5. Loading Areas ................................................................................................................... 5-16
Section 5.2. Traffic, Access, and Connectivity ................................................................................. 5-19
5.2.1. Visibility at Intersections in Residential Districts ............................................................... 5-19
5.2.2. Development Adjacent to Road, Right-of-Way, or Easement .......................................... 5-19
5.2.3. NCDOT Driveway Permit Required .................................................................................. 5-19
5.2.4. Traffic Impact Analysis Worksheet ................................................................................... 5-19
Section 5.3. Tree Retention .............................................................................................................. 5-20
5.3.1. Applicability ....................................................................................................................... 5-20
5.3.2. Forestry And Property Clearing ........................................................................................ 5-20
5.3.3. Tree Inventory ................................................................................................................... 5-20
5.3.4. Tree Retention Standards ................................................................................................ 5-21
5.3.5. Tree Removal Permits ...................................................................................................... 5-22
5.3.6. Tree Protection During Construction ................................................................................ 5-22
5.3.7. Mitigation .......................................................................................................................... 5-23
5.3.8. Optional Incentives For Retaining Trees .......................................................................... 5-24
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5.3.9. Removal of Hazardous Trees ........................................................................................... 5-25
Section 5.4. Landscaping and Buffering .......................................................................................... 5-25
5.4.1. Applicability ....................................................................................................................... 5-26
5.4.2. General Standards............................................................................................................ 5-26
5.4.3. Transitional Buffer Standards ........................................................................................... 5-27
5.4.4. Screening .......................................................................................................................... 5-30
5.4.5. Parking Lots ...................................................................................................................... 5-30
5.4.6. Street Yard Standards ...................................................................................................... 5-32
5.4.7. Foundation Plantings ........................................................................................................ 5-34
5.4.8. Maintenance ..................................................................................................................... 5-35
Section 5.5. Exterior Lighting ........................................................................................................... 5-36
5.5.1. Purpose and Intent ........................................................................................................... 5-36
5.5.2. Applicability ....................................................................................................................... 5-36
5.5.3. Time of Review ................................................................................................................. 5-37
5.5.4. General Standards............................................................................................................ 5-37
5.5.5. Prohibited Lighting ............................................................................................................ 5-39
5.5.6. Exemptions for Safety Reasons ....................................................................................... 5-40
Section 5.6. Signs ............................................................................................................................ 5-41
5.6.1. Purpose ............................................................................................................................ 5-41
5.6.2. General Provisions ........................................................................................................... 5-42
5.6.3. Temporary and Special Event Signs ................................................................................ 5-50
5.6.4. Outdoor Advertising Signs ................................................................................................ 5-52
Section 5.7. Conservation Resources ................................................................................................ 5-1
5.7.1. Purpose .............................................................................................................................. 5-1
5.7.2. Applicability ......................................................................................................................... 5-1
5.7.3. Conservation Space General Performance Controls ......................................................... 5-2
5.7.4. Additional Performance Controls ........................................................................................ 5-7
5.7.5. Vegetated Buffer Controls for Conservation ....................................................................... 5-9
Section 5.8. Open Space Requirements .......................................................................................... 5-11
5.8.1. Applicability ....................................................................................................................... 5-12
5.8.2. Open Space Set-Aside Standards .................................................................................... 5-12
5.8.3. Areas Counted Towards Open Space Set-Aside Standards ........................................... 5-12
5.8.4. Design Standards ............................................................................................................. 5-15
5.8.5. Ownership, Management, And Maintenance ................................................................... 5-17
5.8.6. Payments In-Leiu Of Dedication ....................................................................................... 5-17
Section 5.9. Fire Hydrants ................................................................................................................ 5-18
Section 5.10. Airport Height Restriction ............................................................................................. 5-18
5.10.1. Authority ............................................................................................................................ 5-18
5.10.2. Findings ............................................................................................................................ 5-18
5.10.3. Jurisdiction ........................................................................................................................ 5-19
5.10.4. Nonconforming Uses, Structures, and Trees ................................................................... 5-19
5.10.5. Variances .......................................................................................................................... 5-20
5.10.6. Airport Zones .................................................................................................................... 5-20
5.10.7. Airport Zone Height Limits ................................................................................................ 5-21
5.10.8. Use Restrictions ................................................................................................................ 5-22
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ARTICLE 6: SUBDIVISION DESIGN AND IMPROVEMENTS ................ 6-1
Section 6.1. General Purpose ............................................................................................................ 6-1
Section 6.2. Design Standards ........................................................................................................... 6-1
6.2.1. General Provisions ............................................................................................................. 6-1
6.2.2. Specific Standards .............................................................................................................. 6-1
Section 6.3. Improvements ............................................................................................................... 6-12
6.3.1. In General ......................................................................................................................... 6-12
6.3.2. Guarantees of Improvements ........................................................................................... 6-13
6.3.3. Required Improvements ................................................................................................... 6-14
6.3.4. Property Owners’ Association (POA) ............................................................................... 6-19
ARTICLE 7: STORMWATER MANAGEMENT ....................................... 7-1
Section 7.1. Title ................................................................................................................................. 7-1
Section 7.2. Purpose .......................................................................................................................... 7-1
Section 7.3. Authority and Jurisdiction ............................................................................................... 7-1
Section 7.4. Objectives ....................................................................................................................... 7-1
Section 7.5. Incorporation of Design Manual by Reference ............................................................... 7-1
Section 7.6. Definitions ....................................................................................................................... 7-2
Section 7.7. Policies ........................................................................................................................... 7-7
7.7.1. County’s Role ..................................................................................................................... 7-7
7.7.2. Property owner responsibility ............................................................................................. 7-7
7.7.3. Limitations of article ............................................................................................................ 7-7
7.7.4. Consistency with county, state, federal rules and regulations............................................ 7-7
Section 7.8. Development Plans and Permits .................................................................................... 7-8
7.8.1. Stormwater Management Standards .................................................................................. 7-8
Section 7.9. Plan Review ................................................................................................................... 7-9
Section 7.10. Operation and Maintenance ........................................................................................... 7-9
Section 7.11. Transfer of Ownership .................................................................................................... 7-9
Section 7.12. Variance Requests ....................................................................................................... 7-10
Section 7.13. Right of Entry ................................................................................................................ 7-10
Section 7.14. Violations ........................................................................................................................ 7-1
Section 7.15. Public Nuisances ............................................................................................................ 7-1
Section 7.16. Enforcement ................................................................................................................... 7-2
Section 7.17. Appeals .......................................................................................................................... 7-3
Section 7.18. Judicial Review ............................................................................................................... 7-3
Section 7.19. Severability ..................................................................................................................... 7-4
Section 7.20. Effective Date ................................................................................................................. 7-4
ARTICLE 8: EROSION AND SEDIMENTATION CONTROL .................. 8-1
Section 8.1. Title ................................................................................................................................. 8-1
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Section 8.2. Purposes ........................................................................................................................ 8-1
Section 8.3. Definitions ....................................................................................................................... 8-1
Section 8.4. Scope and Exclusions .................................................................................................... 8-5
Section 8.5. General Requirements ................................................................................................... 8-6
Section 8.6. Basic Control Objectives ................................................................................................ 8-6
Section 8.7. Mandatory Standards for Land-Disturbing Activity ......................................................... 8-7
Section 8.8. Design and Performance Standards .............................................................................. 8-8
Section 8.9. Stormwater Outlet Protection ......................................................................................... 8-9
Section 8.10. Borrow and Waste Areas ............................................................................................. 8-11
Section 8.11. Access and Haul Roads ............................................................................................... 8-11
Section 8.12. Operations in Lakes, Natural Watercourses ................................................................ 8-11
Section 8.13. Responsibility for Maintenance .................................................................................... 8-11
Section 8.14. Restoration of Areas Affected by Failure to Comply .................................................... 8-11
Section 8.15. Additional Measures ..................................................................................................... 8-11
Section 8.16. Areas Not Otherwise Covered ..................................................................................... 8-12
Section 8.17. Permits ......................................................................................................................... 8-12
Section 8.18. Erosion and Sedimentation Control Plans ................................................................... 8-13
Section 8.19. Plan Review Appeals ................................................................................................... 8-17
Section 8.20. Inspections and Investigations ..................................................................................... 8-18
Section 8.21. Penalties ....................................................................................................................... 8-19
Section 8.22. Injunctive Relief ............................................................................................................ 8-21
Section 8.23. Severability ................................................................................................................... 8-21
Section 8.24. Effective Date ............................................................................................................... 8-21
Section 8.25. Reserved ...................................................................................................................... 8-21
ARTICLE 9: FLOOD DAMAGE PREVENTION ....................................... 9-1
Section 9.1. Statutory Authorization ................................................................................................... 9-1
Section 9.2. Findings of Fact .............................................................................................................. 9-1
Section 9.3. Purpose .......................................................................................................................... 9-1
Section 9.4. Objectives ....................................................................................................................... 9-2
Section 9.5. Definitions ....................................................................................................................... 9-2
Section 9.6. General Provisions ....................................................................................................... 9-11
9.6.1. Applicability and Basis for Special Flood Hazard Areas................................................... 9-11
9.6.2. Establishment of Floodplain Development Permit ............................................................ 9-11
9.6.3. Compliance ....................................................................................................................... 9-11
9.6.4. Abrogation and Greater Restrictions ................................................................................ 9-12
9.6.5. Interpretation ..................................................................................................................... 9-12
9.6.6. Warning and Disclaimer of Liability .................................................................................. 9-12
9.6.7. Penalties for Violations ..................................................................................................... 9-12
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Section 9.7. Administration ............................................................................................................... 9-12
9.7.1. Designation of Floodplain Administrator ........................................................................... 9-12
9.7.2. Floodplain Development Application, Permit and Certification ........................................ 9-13
9.7.3. Duties and Responsibilities of the Floodplain Administrator ............................................ 9-18
9.7.4. Corrective Procedures ...................................................................................................... 9-20
9.7.5. Variance Procedures ........................................................................................................ 9-21
Section 9.8. Provisions for Flood Hazard Reduction ....................................................................... 9-23
9.8.1. General Standards............................................................................................................ 9-23
9.8.2. Specific Standards ............................................................................................................ 9-24
9.8.3. Standards for Floodplains Without Established Base Flood Elevations ........................... 9-31
9.8.4. Standards for Riverine Floodplains With Base Flood Elevations but Without
Established Floodways or Non-Encroachment Areas ...................................................... 9-32
9.8.5. Floodways and Non-Encroachment Areas ....................................................................... 9-32
9.8.6. Coastal High Hazard Area (Zone VE). ............................................................................. 9-33
9.8.7. Standards for Coastal A Zones (Zone CAZ) LiMWA ........................................................ 9-36
9.8.8. Standards for Areas of Shallow Flooding (Zone AO) ....................................................... 9-37
9.8.9. Effect on Rights and Liabilities Under the Existing Flood Damage Prevention
Ordinance ......................................................................................................................... 9-38
9.8.10. Effect Upon Outstanding Floodplain Development Permits ............................................. 9-38
ARTICLE 10: ADMINISTRATIVE PROCEDURES ................................ 10-1
Section 10.1. Advisory and Decision-Making Bodies ......................................................................... 10-1
10.1.1. General ............................................................................................................................. 10-1
10.1.2. Board of Commissioners .................................................................................................. 10-2
10.1.3. Planning Board ................................................................................................................. 10-3
10.1.4. Board of Adjustment ......................................................................................................... 10-4
10.1.5. Technical Review Committee (TRC) ................................................................................ 10-5
10.1.6. Planning Director .............................................................................................................. 10-1
10.1.7. County Engineer ............................................................................................................... 10-2
Section 10.2. Standard Review Procedures ...................................................................................... 10-2
10.2.1. General ............................................................................................................................. 10-2
10.2.2. Pre-Application Conference .............................................................................................. 10-2
10.2.3. Community Information Meeting ....................................................................................... 10-3
10.2.4. Application Submittal and Acceptance ............................................................................. 10-4
10.2.5. Staff Review and Action ................................................................................................... 10-6
10.2.6. Public Hearing and Preliminary Forum Scheduling and Public Notification ..................... 10-8
10.2.7. Public Hearing and Preliminary Forum Procedures ......................................................... 10-1
10.2.8. Advisory Body Review and Action .................................................................................... 10-3
10.2.9. Decision-making Body Review and Action ....................................................................... 10-4
10.2.10. Post-decision Limitations and Actions ........................................................................... 10-5
Section 10.3. Application-Specific Procedures .................................................................................. 10-7
10.3.1. Text Amendment .............................................................................................................. 10-7
10.3.2. Zoning Map Amendment .................................................................................................. 10-9
10.3.3. Conditional Zoning .......................................................................................................... 10-11
10.3.4. Master Planned Development ........................................................................................ 10-16
10.3.5. Special Use Permit ......................................................................................................... 10-21
10.3.6. Site Plan ......................................................................................................................... 10-25
10.3.7. Subdivision ....................................................................................................................... 10-1
10.3.8. Zoning Compliance Approval ........................................................................................... 10-8
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10.3.9. Tree Removal Permit ........................................................................................................ 10-9
10.3.10. Floodplain Development Permit ................................................................................... 10-12
10.3.11. Variance – Zoning and Subdivision ............................................................................. 10-12
10.3.12. Variance – Floodplain .................................................................................................. 10-15
10.3.13. Reasonable Accommodation ....................................................................................... 10-15
10.3.14. Appeal of Administrative Decision ............................................................................... 10-17
10.3.15. Interpretation ................................................................................................................ 10-19
ARTICLE 11: NONCONFORMING SITUATIONS ................................. 11-1
Section 11.1. General Applicability .................................................................................................... 11-1
Section 11.2. Use of Undeveloped Nonconforming Lots ................................................................... 11-1
11.2.1. Nonconforming Single Lot of Record ................................................................................ 11-1
11.2.2. Nonconforming Vacant Contiguous Lots of Record ......................................................... 11-1
Section 11.3. Completion of Nonconforming Projects ....................................................................... 11-1
Section 11.4. Extension or Enlargement of Nonconforming Situations ............................................. 11-1
11.4.1. Existing Industrial Uses .................................................................................................... 11-2
11.4.2. Modifications and/or Expansions of Existing Industrial Uses ........................................... 11-3
Section 11.5. Change in Kind of Nonconforming Use ........................................................................ 11-5
Section 11.6. Abandonment and Discontinuance of Nonconforming Situations ................................ 11-5
Section 11.7. Nonconforming Signs ................................................................................................... 11-6
11.7.1. Determination of Nonconformity ....................................................................................... 11-6
11.7.2. Loss of Nonconforming Status ......................................................................................... 11-6
11.7.3. Maintenance and Repair of Nonconforming Signs ........................................................... 11-6
ARTICLE 12: VIOLATIONS AND ENFORCEMENT ............................. 12-1
Section 12.1. General Provisions ....................................................................................................... 12-1
12.1.1. Purpose ............................................................................................................................ 12-1
12.1.2. Compliance Required ....................................................................................................... 12-1
Section 12.2. Violations and Responsible Persons............................................................................ 12-1
12.2.1. Violations Generally .......................................................................................................... 12-1
12.2.2. Specific Violations ............................................................................................................. 12-1
12.2.3. Responsible Persons ........................................................................................................ 12-2
Section 12.3. Enforcement Responsibility and Procedures ............................................................... 12-2
12.3.1. Responsibility for Enforcement ......................................................................................... 12-2
12.3.2. Complaints Regarding Violations ..................................................................................... 12-3
12.3.3. Inspections ........................................................................................................................ 12-3
12.3.4. Enforcement Procedure .................................................................................................... 12-3
12.3.5. Application of Remedies and Penalties ............................................................................ 12-4
12.3.6. Emergency Enforcement without Notice .......................................................................... 12-4
Section 12.4. Remedies and Penalties .............................................................................................. 12-4
APPENDICES ............................................................................................ 1
Appendix 1: Final Plat Certificates ............................................................................................................ 1
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Article 1: General Provisions
Section 1.1. Title
This Ordinance shall be officially known as the “Unified Development Ordinance of New Hanover
County, North Carolina” and may be referred to as “the Unified Development Ordinance” or “this
Ordinance” or the “UDO.”
Section 1.2. Authority
1.2.1. GENERAL AUTHORITY
This Ordinance consolidates the County’s zoning, subdivision, and flood damage
prevention regulatory authority as authorized by the North Carolina General Statutes,
and is adopted in accordance with:
A. The authority granted to New Hanover County by the General Assembly of the State
of North Carolina;
B. The North Carolina General Statutes, including:
1. Chapter 153A, Article 6 (General Police Powers);
2. Chapter 160D (Local Planning and Development Regulation);
3. Chapter 113A, Article 4 (Sedimentation and Pollution Control);
4. Chapter 143, Article 21, Part 6 (Floodway Regulations); and
C. All other relevant laws of the State of North Carolina. [05-03-2021]
1.2.2. REFERENCES TO NORTH CAROLINA GENERAL STATUTES.
Whenever any provision of this Ordinance refers to or cites a section of the North
Carolina General Statutes and that section is later amended or superseded, this
Ordinance shall be deemed amended to refer to the amended section or the section
that most nearly corresponds to the superseded section.
Section 1.3. General Purpose and Intent
It is the purpose of this Ordinance to:
A. Promote the health, safety, and general welfare of the residents of New Hanover
County;
B. Implement the policies and goals contained within officially adopted County plans;
C. Preserve the overall quality of life for residents and visitors;
D. Maintain orderly and compatible land-use and development patterns;
E. Support long-term community resilience;
F. Establish clear and efficient development review and approval procedures; and
G. Accommodate growth and development that complies with the preceding stated
purposes.
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Section 1.4. Applicability and Jurisdiction
1.4.1. GENERAL APPLICABILITY
The regulations set forth in this Ordinance shall be applicable within the planning
jurisdiction of unincorporated New Hanover County, unless land or development is
expressly exempted by a specific section or subsection of this Ordinance.
1.4.2. EXEMPTIONS
The following are exempted from this Ordinance:
A. Property used for bona fide farm purposes as defined by the North Carolina General
Statutes, except that the standards in Article 9: Flood Damage Prevention, shall apply
to property used for bona fide farm purposes. [05-03-2021]
B. Court-ordered subdivisions of land that comply with state law and all relevant
requirements of this Ordinance.
1.4.3. NO DEVELOPMENT UNTIL COMPLIANCE WITH THIS ORDINANCE
A. Unless exempted, no land shall be developed without compliance with this Ordinance
and all other applicable County, state, and federal regulations.
B. No person shall use, occupy, or sell any land or buildings or authorize or permit the
use, occupancy, or sale of land or buildings under their control, except in accordance
with this Ordinance.
C. No building, or portion thereof, shall be erected, used, moved, or altered except in
conformity with the regulations specified in the zoning district in which it is located.
Section 1.5. Relationship with the Comprehensive Plan
The New Hanover County Comprehensive Plan serves as the basic policy guide for the
regulations included this Ordinance. The policies and actions of the Comprehensive Plan may
be amended from time to time to meet the changing requirements of the County in accordance
with state law.
Section 1.6. Relationship with other Laws
1.6.1. CONFLICTS WITH OTHER COUNTY CODES OR LAWS
When the requirements of this Ordinance conflict with the requirements of other
lawfully adopted rules, regulations, or ordinances of New Hanover County, the more
stringent requirements shall govern. The more restrictive provision is the one that
imposes greater restrictions or burdens, or more stringent controls.
1.6.2. CONFLICTS WITH STATE OR FEDERAL LAW
If a provision of this Ordinance is inconsistent with a provision found in the law or
regulations of the state or federal government, the more restrictive provision shall
control, to the extent permitted by law.
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1.6.3. RELATIONSHIP TO PRIVATE AGREEMENTS/CONFLICTS WITH PRIVATE
AGREEMENTS
Nothing in this Ordinance is intended to supersede, annul, or interfere with any deed
restriction, covenant, easement, or other agreement between private parties, but
such deed restrictions, covenants, easements and other private agreements shall
not excuse any failure to comply with this Ordinance. The County may review private
agreements, such as those related to maintenance of private common open space
set-asides, but the County shall not be responsible for monitoring or enforcing private
covenants and restrictions.
1.6.4. EXISTING AGREEMENTS OR VESTED RIGHTS
Nothing in this Ordinance is intended to repeal, supersede, annul, impair, or interfere
with any existing private agreements or vested rights previously adopted or issued in
accordance with all applicable laws, provided such agreements or rights are lawfully
established and remain in effect.
Section 1.7. Transitional Provisions
1.7.1. EFFECTIVE DATE
This Ordinance was adopted on February 3, 2020 and became effective on February
3, 2020.
1.7.2. CONSTRUCTION IN PROGRESS
The adoption of this Ordinance does not require a change in the plans, construction,
or designated use of any building or structure for which actual construction was
lawfully begun before February 3, 2020 and on which actual construction has been
diligently pursued. For the purpose of this provision, “actual construction” includes
the erection of construction materials in permanent position and fastened in a
permanent manner, or demolition, elimination, and removal of an existing structure
in connection with such construction, provided that actual construction work must be
diligently pursued until completion of the building or structure. [05-03-2021]
1.7.3. APPROVALS GRANTED BEFORE EFFECTIVE DATE
A. Approved zoning permits, building permits, variances, special use permits,
subdivision plans, and site plans that are valid on February 3, 2020 shall remain valid
until their expiration date. Development may be completed in accordance with such
approvals even if such building, development or structure does not fully comply with
provisions of this Ordinance. If building is not commenced and diligently pursued in
the time allowed under the original approval or any extension granted, then the
building, development or structure shall be subject to the requirements of this
Ordinance.
B. To the extent a prior-approved application proposes development that does not
comply with this Ordinance, the subsequent development, although permitted, shall
be nonconforming and subject to the provisions of Article 11: Nonconforming
Situations.
C. Any re-application for an expired approval or permit shall comply with the standards
in effect at the time of re-application. [05-03-2021]
Unified Development Ordinance | New Hanover County, NC 1-13
D. All development and use of land in a PD District that was approved before September
8, 2020 shall comply with the standards approved for that district. The Planning
Director may approve minor deviations from the PD District standards identified in
Section 10.3.4.C.8.b, Minor Deviations, provided the deviations have no material
effect on the character of the approved development. All other modifications of the
PD District standards shall be considered major modifications and are subject to the
procedures and standards in Section 10.3.4, Master Planned Development. [09-08-
2020]
1.7.4. APPLICATIONS IN PROGRESS BEFORE EFFECTIVE DATE
A. Applications that were submitted in complete form and are pending on February 3,
2020 shall be reviewed and decided in accordance with the regulations in effect when
the application was accepted, unless the applicant chooses an updated development
regulation in accordance with Section 1.7.7, Permit Choice.
B. Completed applications shall be processed in good faith and shall comply with any
time frames for review, approval, and completion as established in the regulations in
effect at the time of application acceptance. If the application fails to comply with the
required time frames, it shall expire and future development shall be subject to the
requirements of this Ordinance.
C. An applicant with a pending application accepted before February 3, 2020 may opt
to have the proposed development reviewed and decided under the standards of this
Ordinance by withdrawing the pending application and submitting a new application
in accordance with the standards of this Ordinance. The application submittal fees
will be waived for this new application.
D. An applicant with a pending application for a PD District that was accepted before
September 8, 2020 may opt to have the proposed PD District reviewed and decided
under either the zoning regulations in effect at the time the application was accepted,
in whole, or the procedures and standards of this ordinance, in whole. If the applicant
opts to have the proposed PD District reviewed under the procedures of this
Ordinance, the applicant shall withdraw the pending application and submit a new
application in accordance with the standards of this Ordinance. The application
submittal fees will be waived for this new application. [09-08-2020]
E. Except for a PD District approved in accordance with subsection D above, to the
extent an application approved under this section proposes development that does
not comply with this Ordinance, the development, although permitted, shall be
nonconforming and subject to the provisions of Article 11: Nonconforming Situations.
1.7.5. VIOLATIONS CONTINUE
Any violation of the previous Ordinance and other regulations replaced by this
Ordinance shall continue to be a violation under this Ordinance, and subject to the
penalties set forth in Article 12: Violations and Enforcement, unless the development
complies with the express terms of this Ordinance.
1.7.6. NONCONFORMITIES
If any use, structure, lot of record, or sign was legally established on the date of its
development, but does not fully comply with the standards of this Ordinance or any
amendments thereto, that use, structure, lot of record, or sign shall be considered
nonconforming and subject to the provisions of Article 11:: Nonconforming
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Situations. If a use, structure, lot of record, or sign that was legally nonconforming
under the previous Ordinance becomes conforming under this Ordinance, it shall no
longer be deemed nonconforming and subject to the provisions of Article 11::
Nonconforming Situations.
1.7.7. PERMIT CHOICE
A. If an applicant submits an application for approval and a development regulation
changes between the time the application was determined to be complete and a
decision for approval was rendered, the applicant may choose which adopted version
of the development regulation will apply to the approval.
B. Where multiple approvals are required to complete a development project, the
applicant may choose the version of each of the development regulations applicable
to the project upon submittal of the application for the initial approval. This provision
is applicable only for those subsequent applications filed within 18 months of the date
following the approval of the initial application.
C. By default, the adopted version of the development regulation in place at the time of
each application submittal shall apply to each application, unless the applicant
submits to the Planning Director a written request to apply a different adopted version
of a development regulation pursuant to this section. The Planning Director shall
make a determination on the validity of the request in accordance with this section.
D. If the applicant chooses the version of the rule in place at the time of the application,
the applicant shall not be required to await the outcome of the amendment to the
development regulation(s) prior to acting on the approval or permit.
E. If an application is placed on hold at the request of the applicant for a period of six (6)
consecutive months or more, or the applicant fails to respond to comments or provide
additional information reasonably requested by the County or State government for a
period of six (6) consecutive months or more, the application review shall be
discontinued and the development regulations in effect at the time permit processing
is resumed apply to the application.
F. For the purposes of the vesting protections of this ordinance, an erosion and
sedimentation control permit or a sign permit shall not be considered an initial
application by this section. [05-03-2021]
Section 1.8. Severability
It is the legislative intent of the Board of County Commissioners that if any section, subsection,
sentence, clause, or phrase of this Ordinance is for any reason held by a court of competent
jurisdiction to be invalid, such decision shall not affect the validity and continued enforcement of
any other provision of this Ordinance. The Board of County Commissioners hereby declares that
it would have adopted this Ordinance and any section, subsection, sentence, clause, or phrase
thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses,
or phrases of the Ordinance is declared invalid by a court of competent jurisdiction.
Section 1.9. Technical Corrections
The Planning Director is authorized to make corrections of a purely technical nature to this
Ordinance to cure typographical, formatting, or other similar errors.
Unified Development Ordinance | New Hanover County, NC 1-15
Unified Development Ordinance | New Hanover County, NC 2-1
Article 2: Measurements and Definitions
Section 2.1. Measurements
BUILDABLE AREA
The portion of a lot remaining after required setbacks and yards are provided.
BUILDING HEIGHT (IN FEET)
The vertical distance measured from the average elevation of the proposed finished grade at the
front of the structure to one of the following (see Figure 2.1: Building Height Measurement):
1. The midpoint between eave and ridgeline on a simple sloped roof (e.g., gable or hip
roof) or curved roof (e.g., barrel roof);
2. Where there are multiple roof planes (e.g., gambrel or mansard roof), the highest
midpoint on a sloped or curved roof surface or the highest flat roof plane, whichever is
highest; or
3. The highest roof plane on a flat roof (not including any parapet wall).
Appurtenances usually required to be placed above the roof level and not intended for human
occupancy (e.g., antennas, chimneys, solar panels) shall not count toward the building height
(see Section 3.1.3.B, Structural Appurtenances). [09-08-2020][11-01-2021]
CALCULATIONS AND ROUNDING
Unless otherwise expressly stated, all calculations that result in a part or a fraction of a whole
number shall round as follows:
1. Any fractional result less than 0.5 shall be rounded down to the next (lower) consecutive
whole number; and
2. Any fractional result of 0.5 or more shall be rounded up to the next consecutive (higher)
whole number. [03-21-2022]
Figure 2.1: Building Height Measurement
DIAMETER AT BREAST HEIGHT (DBH)
The diameter or width of the main stem of a tree as measured 4.5 feet above the natural grade at
its base. Whenever a branch, limb, defect, or abnormal swelling of the trunk occurs at this height,
the diameter at breast height (DBH) shall be measured at the nearest point above or below 4.5
feet at which a normal diameter occurs.
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DENSITY FACTOR
An intensity measure expressed as the number of units per "net buildable site acre" (as calculated
pursuant to 3.1.3.E.1, Site Capacity. The density factor establishes the permitted density on the
buildable portion of a site with an Additional Dwelling Allowance.
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. [10-03-2022]
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.
FLOOR AREA RATIO (FAR)
The total floor area of all structures located on lot divided by the gross lot area.
FAR = TOTAL FLOOR AREA OF ALL STRUCTURES ON A LOT
GROSS LOT AREA
In the B-2 district, parking deck area calculations shall be excluded from the total building area
calculations when computing the FAR.
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 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.
Unified Development Ordinance | New Hanover County, NC 2-3
Setbacks shall not be occupied or obstructed by a structure or portion of a structure, unless
otherwise allowed by another provision of this Ordinance.
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.B.3
may also be permitted in any setback.
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.
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.
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.
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.
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.
SIGN, HEIGHT
As applied to a sign, height shall be measured as the vertical distance between the highest part
of the sign or its supporting structure, whichever is higher, and a level plane going through the
nearest point of the improved public right-of-way at the ground-level curb line.
SIGN, SURFACE AREA OF
The surface area of a sign, which is computed as including the entire area within a regular
geometric form or combinations of regular geometric forms comprising all of the display area of
the sign and including all of the elements of the matter displayed. Frames and structural members
not bearing advertising matter shall not be included in computation of surface area.
SPACING BETWEEN BUILDINGS
The minimum distance, measured horizontally, from the closest point on one building to the
closest point of an adjacent building. The closest point shall include projections such as bump-
outs, bay windows, or similar projections, and eaves or roof overhangs that extend more than two
feet from the building. [11-16-2020]
YARD
An open space on the same lot with a structure, lying between the structure and nearest lot line,
that is unoccupied and unobstructed by the structure or any portion of the structure.
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YARD, FRONT
A yard extending between side lot lines across the front of a lot adjoining a public or private
street. Through lots shall be considered to have two front yards.
YARD, SIDE
A yard extending from the front setback line to the rear lot line.
YARD, REAR
A yard extending across the rear of the lot between inner side setback lines. In the case
of through lots and corner lots, there shall be no rear yards, but only front and side yards.
Section 2.2. Rules of Construction
The rules in this section shall apply for construing or interpreting the terms and provisions of this
Ordinance.
2.2.1. MEANINGS AND INTENT
All provisions, terms, phrases, and expressions contained in this Ordinance shall be
interpreted in accordance with the general purposes set forth in Section 1.3, General
Purpose and Intent, and the specific purpose statements set forth throughout the
UDO. When a specific section of the UDO gives a different meaning than the general
definition provided in this article, the specific section’s meaning and application of
the term shall control.
2.2.2. HEADINGS, ILLUSTRATIONS, AND TEXT
In the event of a conflict or inconsistency between the text of this UDO and any
heading, caption, figure, illustration, table, or map, the text shall control. Graphics
and other illustrations are provided for informational purposes only and should not
be relied upon as a complete and accurate description of all applicable regulations
or requirements.
2.2.3. LISTS AND EXAMPLES
Unless otherwise specifically indicated, lists of items or examples that use terms like
"for example," "including," and "such as," or similar language are intended to provide
examples and are not exhaustive lists of all possibilities.
2.2.4. COMPUTATION OF TIME
A. In computing any period of time prescribed or allowed, the day of the act, event or
default from which the designated period of time begins to run shall not be included.
The last day of the period so computed shall be included, unless it is a Saturday,
Sunday or legal holiday, in which event the period shall run until the end of the next
day which is not a Saturday, Sunday, or legal holiday. When the period of time
prescribed or allowed is less than seven days, intermediate Saturdays, Sundays and
legal holidays shall be excluded in the computation.
B. The term "day" means a business day, unless a calendar day is indicated.
C. The term "month" means a calendar month.
D. The term “year” means a calendar year unless otherwise indicated.
Unified Development Ordinance | New Hanover County, NC 2-5
E. Whenever a person has the right or is required to do some act within a prescribed
period of time following the service of a notice or other document through mailed
delivery:
1. Three days shall be added to the prescribed period; and
2. The time period shall be counted starting from and including the post-
marked date.
2.2.5. REFERENCES TO OTHER REGULATIONS/PUBLICATIONS
Whenever reference is made to a resolution, ordinance, statute, regulation, or
document, it shall mean a reference to the most recent edition of such regulation,
resolution, ordinance, statute, regulation, or document, unless otherwise specifically
stated.
2.2.6. DELEGATION OF AUTHORITY
A. Any act authorized by this UDO to be carried out by the Planning Director may be
delegated by the Planning Director to a County employee under the Planning
Director’s authority or control.
B. Any act authorized by this UDO to be carried out by the County Engineer may be
delegated by the County Engineer to a County employee under the County
Engineer’s authority or control.
2.2.7. PUBLIC OFFICIALS AND AGENCIES
All public officials, bodies, and agencies to which references are made are those of
the New Hanover County, North Carolina, unless otherwise indicated.
2.2.8. MANDATORY AND DISCRETIONARY TERMS
The words "shall," "must," "should" and "will" are mandatory, establishing an
obligation or duty to comply with the particular provision. The word "may" is
permissive.
2.2.9. CONJUNCTIONS
Unless the context clearly suggests the contrary, conjunctions shall be interpreted
as follows:
A. "And" indicates that all connected items, conditions, provisions or events apply; and
B. "Or" indicates that one or more of the connected items, conditions, provisions,
2.2.10. TENSES AND PLURALS
Words used in the present tense include the future tense. Words used in the singular
number include the plural number and the plural number includes the singular
number, unless the context of the particular usage clearly indicates otherwise. Words
used in the masculine gender include the feminine gender, and vice versa.
2.2.11. TERM NOT DEFINED
If a term used in this UDO is not defined in this UDO, the Planning Director is
authorized to interpret its meaning in accordance with Section 10.3.15, Interpretation.
Such interpreted meaning shall be based upon the definitions used in accepted
sources—including, but not limited to, A Planners Dictionary, A Glossary of Zoning,
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Development, and Planning Terms, and A Survey of Zoning Definitions (all published
by the American Planning Association), as well as general dictionaries such as
Merriam-Webster, American Heritage, Webster's New World, and New Oxford
American dictionaries.
2.2.12. USE AND OCCUPATION
The words “used” or “occupied” include the words intended, designed, or arranged
to be used or occupied.
Section 2.3. Definitions and Terms
ACCESSORY DWELLING UNIT (ADU)
An ancillary or secondary dwelling unit that is clearly subordinate to the principal dwelling, which
has a separate egress/ingress independent from the principal dwelling, and which provides
complete independent living facilities for one or more persons, and which includes provisions for
living, sleeping, eating, cooking, and sanitation. It is located on the same lot as the principal
dwelling unit and is detached from the principal dwelling.
Accessory dwelling units are also known as accessory apartments, ancillary units, secondary
dwelling units, carriage homes, mother-in-law suites, and granny flats. All shall be considered as
an ADU.
ACCESSORY STRUCTURE
A structure subordinate to a principal structure and use, the use of which is customarily found in
association with and is clearly incidental to the use of the principal structure of the land and which
is not attached by any part of a common wall or roof to the principal structure. (When a specific
structure is identified in this Ordinance as accessory to another use or structure, the structure
need not be customarily incidental to, or ordinarily found in association with, the principal use to
qualify as an accessory structure.) This definition does not apply to the provisions of Article 9:
Flood Damage Prevention; for that meaning, see Section 9.5: Definitions.
ACCESSORY USE, CUSTOMARY
A use of a structure or land that is subordinate and customarily incidental to, and ordinarily found
in association with, a principal use, which it serves; is subordinate in purpose, area, floor area,
intensity, and extent to the principal use, and; does not change the character of the principal use.
ADDITIONAL DWELLING ALLOWANCE
A permit to exceed the residential density limit established in an applicable zoning district in
accordance with an additional density factor established by this ordinance.
ADDITIONAL HEIGHT ALLOWANCE
A permit to exceed the maximum height for a particular zoning district by a specified number of
feet and/or stories.
ADMINISTRATIVE DECISION
Decisions made in the implementation, administration, or enforcement of development
regulations that involve the application of objective standards set forth in this Ordinance. [05-03-
2021]
ADMINISTRATIVE DETERMINATION
A written, final, and binding order, requirement, or determination regarding an administrative
decision. [05-03-2021]
Unified Development Ordinance | New Hanover County, NC 2-7
ADULT DAY CARE
An establishment licensed pursuant to NCGS §131D and engaged in the provision of group care
and supervision of more than 5 adults in a place other than their permanent residence.
ADULT ENTERTAINMENT ESTABLISHMENT
Retail or service establishments which are characterized by an emphasis on specified sexual
activity and/or specified anatomical areas as defined in N.C.G.S. 14-202.10, including, but not
limited to:
(A) Any bookstore, video store, or other establishment in which a substantial portion of its
stock in trade is devoted to printed matter or visual representation of specified sexual
activities or specified anatomical areas;
(B) Any movie theater offering movies or other displays, or any establishments offering coin-
operated devices, which emphasize specified sexual activities or specified anatomical
areas;
(C) Any cabaret, club, tavern, theater, or other establishment which offers any entertainment
emphasizing specified sexual activities or specified anatomical areas;
(D) Any establishment offering massage or similar manipulation of the human body, unless
such manipulation is administered by a medical practitioner, chiropractor, acupuncturist,
physical therapist, or similar professional licensed by the State. This definition does not
include massages or similar manipulation offered at an athletic club, health club, school,
gymnasium, spa, or similar establishments;
(E) Any establishment, agency, entity, or private club other than a hotel, motel, or similar
lodging establishment offering public accommodations, that provides for any form of
consideration, gratuity, or membership fee a place and/or equipment where two or more
persons may congregate, associate, or consort for the purposes of specified sexual
activities or the exposure of specified anatomical areas. [05-03-2021]
AGRICULTURAL AND FORESTRY USES, GENERAL
Uses characterized by general active and ongoing agricultural activities, including agronomy,
animal husbandry, aquaculture, biotechnical agriculture (including education parks for
biotechnical agriculture or a demonstration farm), forestry, fisheries, apiculture, and similar uses.
For the purposes of this UDO, this definition shall include any property used for bona fide farm
purposes as defined in N.C.G.S. 160D-903. [11-16-2020] [05-03-2021]
AIRPORT
For purposes of Section 5.10, Airport Height Restriction, the Wilmington International Airport.
AIRPORT AND TERMINAL
Establishments providing air traffic control to regulate the flow of air traffic; establishments that
operate international, national, or civil airports or public flying fields; or that support airport
operations (such as rental of hangar spaces, cargo handling services, and passenger parking
lots); and establishments providing specialty air transportation or flying services.
AIRPORT AUTHORITY
For purposes of Section 5.10, Airport Height Restriction, the New Hanover County Airport
Authority and its agents, who are charged with administering the operations of the Wilmington
International Airport.
AIRPORT ELEVATION
The highest point of an airport's usable landing area measured in feet from sea level
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ALLEY STREET
See “Street, Alley”.
AMATEUR RADIO ANTENNA
Amateur radio antennas as prescribed in North Carolina General Statutes §160D-905. [09-08-2020]
ANIMAL GROOMING SERVICE
A commercial establishment where a pet may be bathed, brushed, clipped, trimmed, and/or styled
for the purposes of enhancing its appearance and/or health. This use typically includes an
accessory retail component that is subordinate to the grooming service. This use does not include
the breeding, boarding, training, raising, or selling of any animals; for those activities, see
“Kennel”. [11-16-2020]
ANIMAL SHELTER
A non-residential facility that is used to house or contain animals, and is owned, operated, and
maintained for the purpose of providing temporary kenneling and care for the animals and finding
permanent adoptive homes for them.
ANIMATED SIGN
See “Sign, Animated”.
ANTENNA
Communications equipment that transmits, receives, or transmits and receives electromagnetic
radio signals used in the provision of all types of wireless communications services. [09-08-2020]
APPLICANT
A person who submits an application for a text amendment, zoning map amendment, conditional
zoning map amendment, planned development, subdivision, or other development approval or
permit under this UDO. [05-03-2021]
APPLICATION
A formal application form submitted by an applicant for a text amendment, zoning map
amendment, conditional zoning map amendment, planned development, subdivision, or other
development approval or permit under this UDO. [05-03-2021]
APPROACH SURFACE
A surface longitudinally centered on the extended runway centerline, extending outward and
upward from the end of the primary surface and at the same slope set forth in Section 5.10 of this
Ordinance. In plan, the perimeter of the approach surface coincides with the perimeter of the
approach zone.
APPROACH, TRANSITIONAL, HORIZONTAL, AND CONICAL ZONES
See Section 5.10.6, Airport Zones.
ARCHITECTURAL STEPBACK
An architectural design element where portions of a building, above a certain height, excluding
structural appurtenances, are located further away from property lines to push height toward the
center of a property and allow for transitions between taller heights and rooflines of smaller
neighboring structures. [11-01-2021]
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ARTERIAL STREET
See “Street, Arterial”.
ARTISAN MANUFACTURING
On-site production of goods by hand manufacturing involving the use of hand tools and small-
scale light mechanical equipment. Typical uses include woodworking and cabinet shops, ceramic
studios, jewelry manufacturing and similar types of arts and crafts or very small-scale
manufacturing uses that have very limited, if any, negative external impacts on surrounding
properties, water resources, air quality, and/or public health.
AUCTION HOUSE
An establishment where the real or personal property or others is sold by a broker or auctioneer
to persons who attend scheduled sales or events. [11-16-2020]
BANK AND/OR FINANCIAL INSTITUTION
A facility that has as its primary purpose the custody, loan, exchange, or issue of money, the
extension of credit, and transmission of funds. Accessory uses may include automated teller
machines (ATMs) and facilities providing drive-through services.
BANNER SIGN
See “Sign, Banner”.
BAR/NIGHTCLUB
A non-restaurant establishment that generates more than 49 percent of its quarterly gross receipts
from the sale of alcoholic beverages for on-premises consumption. Bars and nightclubs may
provide live music (bands) and other music, dancing, and games of skill such as pool or darts for
use by the patrons of the establishment.
BARRIER ISLANDS
Any land formation composed of unconsolidated materials lying on the ocean side of the
mainland. Estuaries or wetlands separate the islands from the mainland.
BASAL AREA, OF A TREE
The cross-section area in square feet of the trunk of a single tree measured at 4 feet above the
ground (i.e., at breast height). [11-14-2022]
BASAL AREA, OF A TREE STAND
The total basal area in square feet per acre of all trees in a stand. [11-14-2022]
2-10 New Hanover County, NC | Unified Development Ordinance
BASE STATION
For the purposes of the Communications and Information Facilities standards of Subsection
4.3.3., “base station” shall mean a station at a specific site authorized to communicate with mobile
stations, generally consisting of radio receivers, antennas, coaxial cables, power supplies, and
other associated electronics. [09-08-2020]
BED AND BREAKFAST INN
A place of lodging that located in a single family detached dwelling unit with a resident manager
that provides 5 or fewer guest rooms and breakfast for transient occupants.
BEDROOM
A room designated as sleeping or bedroom on the plans and permit application. [05-03-2021]
BLOCK
A parcel of land, which is entirely surrounded by streets, highways, railroad rights-of-way, parks
or green strips, rural land or drainage channels, or a combination thereof.
BOARD OF ADJUSTMENT
The New Hanover County Board of Adjustment charged with the responsibility of hearing and
deciding appeals and requests for variance from the requirements of this UDO.
BOAT
A vessel or watercraft of any type or size specifically designed to be self-propelled, whether by
engine or sail, including yachts, pontoon boats, sail boats, personal watercraft such as Jet-Skis®,
and motorized inflatable boats such as Zodiacs®. For the purposes of this ordinance, this
definition does not include small watercraft, as herein defined. [09-08-2020]
BOAT DEALER
Uses engaged primarily in the sale of personal, consumer-oriented boats.
BOATING FACILITY, COMMUNITY
A private, non-profit boating facility including a dock, pier and/or launching ramp on property
having water frontage; the use of which is intended to serve five or more residential lots or
residential units. The use of such a facility is limited to the residence owners or tenants and their
invited guests and does not include commercial activities of any kind.
BOATING FACILITY, PRIVATE RESIDENTIAL
A private, nonprofit boating facility including a dock, pier, and/or launching ramp on property
having water frontage, the use of which is to service fewer than five residential lots or units. The
use of such facility is limited to the residence owners or tenants and their invited guests and does
not include commercial activities of any kind.
BONA FIDE FARM PURPOSES
Agricultural activities as set forth in N.C.G.S. 160D-903. [05-03-2021]
BROADCASTING AND PRODUCTION STUDIO
Facilities for the filming, recording, and/or broadcasting of radio, television, film, music, and/or
internet media content.
BUILDING
Any structure used or intended for supporting or sheltering any use or occupancy. [05-03-2021]
BUILDING BASE
The lower levels of a building that do not exceed 4 stories or 50 feet, whichever is less, and are
distinguished architecturally from the upper floors of the building.
Unified Development Ordinance | New Hanover County, NC 2-11
BUS AND TAXI TERMINAL
A facility that includes a lot and related building(s) utilized for the operations, maintenance, and/or
storage of bus, coach, taxi, or similar transportation services. A terminal shall not include a
location where the bus stops to drop off or take on passengers when there are not operational
facilities.
BUSINESS SERVICE CENTER
An establishment engaged in providing mailbox rental and other postal and mailing services; copy
centers or shops engaged in providing photocopying, duplicating, blueprinting, and other
document copying services without also providing print services; and businesses providing a
range of office support services, such as mailing services, document copying services, facsimile
services, word processing services, on-site computer rental services, and accessory office
product sales.
CAMPGROUND/RECREATIONAL VEHICLE (RV) PARK
Any parcel or tract of land upon which campsites are occupied or intended to be occupied by tents
for overnight camping or upon which recreational vehicles are occupied for sleeping purposes,
regardless of whether or not a charge is made for such purposes.
CAR WASH
A facility for washing or steam cleaning passenger automobiles (including self-service
operations), operating either as a separate facility or when installed and operating in conjunction
with another use, and which installation includes equipment customarily associated with a car
wash and which is installed solely for the purpose of washing and cleaning automobiles.
CEMETERY
Land or facilities used for the permanent interment of humans or animals or their cremated
remains, such as a mausoleum, columbarium, memorial park, and pet cemetery.
CERTIFICATE OF OCCUPANCY
The certificate from the County Inspections Department allowing the occupancy of a building.
CHILD CARE CENTER
An arrangement where, at any one time, there are three or more preschool-age children or nine
or more school-age children receiving child care, unless excluded by NCGS §110-86(2).
CIRCUSES, CARNIVALS, AND FAIRS
Itinerant enterprises consisting of amusements such as games, mechanical rides, acrobatic or
magic shows, animal shows, and the exhibition of agricultural or other products.
COASTAL AREA MANAGEMENT ACT (CAMA)
North Carolina’s Coastal Area Management Act, this act, along with the Dredge and Fill Law and
the Federal Coastal Zone Management Act, is managed through North Carolina Department of
Environmental Quality (NCDEQ’s) Division of Coastal Management (DCM). This definition does
not apply to the provisions of Article 9: Flood Damage Prevention; for that meaning, see Section
9.5: Definitions
COASTAL BARRIER RESOURCES SYSTEM (CBRS)
Consists of undeveloped portions of coastal and adjoining areas established by the Coastal
Barrier Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of 1990,
and subsequent revisions, and includes areas owned by Federal or state governments or private
conservation organizations identified as Otherwise Protected Areas (OPA).
COLLECTOR STREET
See “Street, Collector”.
2-12 New Hanover County, NC | Unified Development Ordinance
COLLEGES, UNIVERSITIES, AND PROFESSIONAL SCHOOLS
A public or private, non-profit institution for post-secondary education offering courses in general
or technical education that operates within buildings or premises on land owned or leased by the
institution for administrative and faculty offices, classrooms, laboratories, chapels, auditoriums,
lecture halls, libraries, student and faculty centers, athletic facilities, dormitories, and other
facilities that further the educational mission of the institution. In no event shall this definition
prohibit a college or university from engaging in an activity historically conducted in such
institutions.
COLLOCATION
The placement, installation, maintenance, modification, operation, or replacement of wireless
facilities on, under, within, or on the surface of the earth adjacent to existing structures, including
utility poles, water towers, buildings, and other structures capable of structurally supporting the
attachment of wireless facilities in compliance with applicable codes. The term does not include
the installation of new utility poles, or wireless support structures. [09-08-2020]
COMMERCIAL KITCHEN, CATERING
An establishment whose principal business is to prepare food on-site, then to transport and deliver
or serve off-site. No business consumption of food or beverages is conducted on the premises.
[11-16-2020]
COMMERCIAL PARKING LOT OR FACILITY
An off-street, hard-surfaced, ground level area—or a structure composed of one or more levels
or floors—that is used as a commercial enterprise for the parking of personal automobiles, is not
accessory to any other use on the same lot, and contains parking spaces rented to the general
public or reserved for individuals by the hour, day, week, or month. This definition shall not include
storage of vehicles awaiting repair, pending insurance or legal action, awaiting demolition, or
vehicles stored for the stripping of parts.
COMMERCIAL RECYCLING FACILITY, LARGE COLLECTION
A facility greater than 500 square feet in size that buys or accepts recyclable materials for the
purpose of storage until enough has accumulated for shipment.
COMMERCIAL RECYCLING FACILITY, PROCESSING
A facility that uses power-driven machinery to prepare recyclable materials for shipment.
Machinery used in the processing of the materials includes shredders, balers, brickers, and can
compactors.
COMMERCIAL RECYCLING FACILITY, PROCESSING AND COLLECTION
A facility that both collects and processes recyclable materials.
COMMERCIAL RECYCLING FACILITY, SMALL COLLECTION
A facility no greater than 500 square feet in size that is used as a drop point for temporary storage
of recyclable materials, such as metal, glass, plastics, and/or newspapers, as the principal use of
a parcel.
COMMUNITY CENTER
A meeting, recreational, and/or social facility provided by the government or a nonprofit institution
for public use.
COMMUNITY GARDEN
An area managed and maintained by a group of individuals to grow and harvest fruits, flowers,
vegetables, or ornamental plants for personal or group consumption, for donation, or for incidental
sale. [11-16-2020]
Unified Development Ordinance | New Hanover County, NC 2-13
CONDITIONAL ZONING
A legislative zoning map amendment with site-specific conditions incorporated into the zoning
map amendment. [05-03-2021]
CONICAL SURFACE
A surface extending outward and upward from the periphery of the horizontal surface at a slope
of 20 to 1 for a horizontal distance of 4,000 feet.
CONSTRUCTION OFFICE
Modular units or other structures used solely as field offices for contractors during the duration of
a specific construction project.
CONSTRUCTION PLANS
See “Subdivision Construction Plans”.
CONTRACTOR OFFICE
An establishment primarily engaged in the day-to-day administrative and clerical services for
businesses providing contracted services, such as building contractors, heating and air
conditioning (HVAC) repair, landscaping and janitorial services, etc., that require outside and/or
fleet storage. The use may include some on-site repair and material preparation work.
CONVENIENCE STORE
A small retail self-service store selling a limited line of fast-moving food and nonfood items, usually
with extended hours of operation and usually with a high volume of customer traffic comprised of
quick transactions of a small number of items. Includes fuel sales as an accessory use.
COUNTY
New Hanover County, North Carolina, a political subdivision of the State of North Carolina.
COUNTY ENGINEER
A Professional Engineer, registered in the State of North Carolina, employed by the County Board
of Commissioners to provide engineering services to New Hanover County.
CRITICAL AREA
The area adjacent to a water supply intake or reservoir where risk associated with pollution is
greater than from remaining areas of the watershed. The critical area is defined as extending
either one-half mile from the normal pool elevation of the surface water in which the intake is
located or to the ridge line of the watershed, whichever comes first; or, one-half mile upstream
form the intake located directly in the stream or run-of-the-river or the ridge line of the watershed,
whichever comes first.
CUL-DE-SAC STREET
See “Street, Cul-de-sac”.
DATA CENTER
An establishment primarily engaged in providing infrastructure (e.g., computer systems and
associated components such as telecommunications and storage systems) for data processing
and storage, web hosting, application hosting, streaming services, and related services. [11-16-
2020]
DEBRIS SITE
A site for the temporary storage of trees, branches, shrubs, and logs and other similar vegetative
debris resulting from a natural disaster.
DECISION-MAKING BODY OR DECISION-MAKING BOARD
The authorized body or person assigned to make decisions under this ordinance. [05-03-2021]
2-14 New Hanover County, NC | Unified Development Ordinance
DEVELOPER
A person, including a governmental agency or redevelopment authority, who undertakes any
development and who is the landowner of the property to be developed or who has been
authorized by the landowner to undertake development on that property. [05-03-2021]
DEVELOPMENT
Any of the following:
(A) The construction, erection, alteration, enlargement, renovation, substantial repair,
movement to another site, or demolition of any structure.
(B) The excavation, grading, filling, clearing, or alteration of land.
(C) The subdivision of land as defined in G.S. 160D-802.
(D) The initiation or substantial change in the use of land or the intensity of use of land.
This definition does not alter the scope of regulatory authority granted by this Ordinance. [05-03-
2021]
DEVELOPMENT APPROVAL
An administrative or quasi-judicial approval made pursuant to this Ordinance that is written and
that is required prior to commencing development or undertaking a specific activity, project, or
development proposal. Development approvals include, but are not limited to, zoning compliance,
site plan approvals, special use permits, and variances. The term also includes all other regulatory
approvals required by regulations adopted pursuant to N.C.G.S. Chapter 160D, including plat
approvals, permits issued, development agreements entered into, and building permits issued.
[05-03-2021]
DEVELOPMENT ENVELOPE
The amount of land area required to accommodate the essential site improvements required to
construct the proposed use. [11-14-2022]
DEVELOPMENT REGULATION
A unified development ordinance, zoning regulation, subdivision regulation, erosion and
sedimentation control regulation, floodplain or flood damage prevention regulation, stormwater
control regulation, wireless telecommunication facility regulation, housing code, State Building
Code enforcement, or any other regulation adopted pursuant to this ordinance and/or N.C.G.S.
Chapter 160D, or a local act or charter that regulates land use or development. [05-03-2021]
DIRECTIONAL SIGN (ON PREMISES)
See “Sign, Directional (on premises)”.
DISABLED PERSON
Individuals with disabilities, including individuals recovering from alcoholism and/or drug
addiction, who are protected by either the provisions of the Americans with Disabilities Act of
1990, 42 USC 12101, the Fair Housing Act, 42 USC 3601 et. seq., or Chapter 168, Article 3,
N.C.G.S.
DOMESTIC ANIMAL
Dogs, cats, rodents, birds, reptiles, fish, pot-bellied pigs weighing less than 70 pounds, and any
other species of animal that is commonly kept as a household pet in the County. This term does
not include skunks, nonhuman primates, and other species of wild or exotic animals.
Unified Development Ordinance | New Hanover County, NC 2-15
DOWN-ZONING
A text or map amendment that affects an area of land in one of the following ways: (1) By
decreasing the development density of the land to be less dense than was allowed under its
previous usage. (2) By reducing the permitted uses of the land that are specified in this ordinance
to fewer uses than were allowed under its previous usage. [05-03-2021]
DRY CLEANING/LAUNDRY PLANT
An establishment engaged in providing dry cleaning or laundering services on-site or specialty
cleaning services for specific types of garments and other textile items, such as fur or leather, on-
site. This does not include drop-off dry cleaning and/or laundering shops.
DRY STACK BOAT STORAGE FACILITY
A facility with vertical storage of boats in a rack system, providing for storage of at least two layers
of boats.
DWELLING
Any building, structure, manufactured home, or mobile home, or part thereof, used and occupied
for human habitation or intended to be so used, and includes any outhouses and appurtenances
belonging thereto or usually enjoyed therewith. [05-03-2021]
DWELLING UNIT
A single unit providing complete, independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking, and sanitation. [05-03-2021]
DWELLING, DUAL-UNIT ATTACHED
A dwelling containing two dwelling units sharing a common wall that is part of a performance
residential, mixed use, or master planned development. Each dwelling unit is occupied
exclusively by one family.
DWELLING, MULTI-FAMILY
A residential development other than a townhouse dwelling containing five or more dwelling units.
Units may be located side by side in a horizontal configuration or stacked one above the other in
a vertical configuration, sharing common vertical walls or horizontal floors and ceilings.
Multifamily dwellings include what are commonly called apartments or condominium units.
DWELLING, QUADRAPLEX
A residential building containing four dwelling units, which are either located side-by-side (four in
a row), or two units on the first floor with two units located above.
DWELLING, ROW-STYLE
A residential development containing five or more dwelling units that are attached horizontally
through common walls, occupying space from the ground to the roof of the building.
DWELLING, SINGLE-FAMILY DETACHED
A single detached dwelling unit on a lot, other than a mobile home dwelling and excluding any
accessory dwelling unit.
DWELLING, TRIPLEX
A residential building containing three dwelling units, where the units are attached by common
walls.
DWELLING, TWO-FAMILY (DUPLEX)
A dwelling containing two dwelling units sharing a common wall that is not part of a performance
residential subdivision or is on an individual lot. Each dwelling unit is occupied exclusively by one
family. A two-family or duplex dwelling may include two-story units where a floor/ceiling have the
function of a common wall.
2-16 New Hanover County, NC | Unified Development Ordinance
EASEMENT
A grant by the property owner for use, by the public, a corporation or person of a strip of land for
specific purposes.
ELECTRIC SUBSTATION
A subsidiary station of an electricity generation, transmission, and distribution system where
voltage is transformed from high to low or the reverse using transformers.
ELECTRIC VEHICLE CHARGING STATION
A vehicle parking space served by an electrical component assembly or cluster of component
assemblies (battery charging station) designed and intended to transfer electric energy by
conductive or inductive means from the electric grid or other off-board electrical source to a battery
or other energy storage device within a vehicle that operates, partially or exclusively, on electric
energy. [11-16-2020]
ELECTRICITY GENERATING FACILITIES
A standalone plant not ancillary to another land use which generates electricity to be distributed
to customers, including but not limited to fossil fuel burning facilities and wind power farms. This
definition shall not include electricity produced at or on an agricultural farm, residence, business,
or other facility where use of the electricity so produced is limited primarily to on-site consumption.
Solar energy collection facilities are a type of electricity generating facility; however, for the
purposes of this ordinance, they are considered a separate use in the Table of Permitted Uses.
ELECTRONIC GAMING OPERATION
A business enterprise, whether principal or accessory, where persons utilize electronic machines,
including but not limited to computers and gaming terminals, to conduct games of odds or chance,
including sweepstakes, and where cash, merchandise, or other items of value are redeemed or
otherwise distributed, whether or not the value of such distribution is determined by electronic
games played or by predetermined odds. Electronic Gaming Operations do not include any lottery
approved by the State of North Carolina.
ELEMENTARY AND SECONDARY SCHOOLS
An educational institution that offers a program of high school, technical high school, middle
school (or junior high school), and/or elementary school (including kindergarten, pre-k, pre-k-8,
or nursery school) instruction meeting State requirements for a school. Such uses include
classrooms, laboratories, auditoriums, libraries, cafeterias, after school care, athletic facilities,
dormitories, and other facilities that further the educational mission of the institution. [11-16-2020]
ELIGIBLE FACILITIES REQUEST
A request for modification of an existing wireless tower or base station that involves collocation of
new transmission equipment or replacement of transmission equipment but does not include a
substantial modification. [09-08-2020]
EMERGENCY SERVICES FACILITY
An establishment for the provision of emergency services, such as fire, rescue and emergency
medical service, and associated emergency preparedness, emergency management, or disaster
management activities. [11-16-2020]
EQUESTRIAN FACILITY
A facility for keeping equines not associated with an agricultural or residential use and which
includes the boarding, breeding, training, riding, or showing of the domestic animals.
EQUIPMENT COMPOUND
An area surrounding or near the base of a wireless support structure within which a wireless
facility is located. [09-08-2020]
Unified Development Ordinance | New Hanover County, NC 2-17
EQUIPMENT RENTAL AND LEASING
Facilities for the sale, rental, or lease of commercial vehicles and heavy equipment.
ESSENTIAL SITE IMPROVEMENTS
Any construction or reconstruction of the site development features required by any local, state,
or federal regulations, ordinances, or laws, located within the limits of disturbance, such as
buildings parking, utilities, stormwater management or other items proposed for construction or
redeveloped on the site. [11-14-2022]
EVENT CENTER
A commercial establishment, either indoors or outdoors, with the primary purpose of providing
space for meetings, gatherings, reunions, weddings, conventions, private parties, and other
similar gatherings. Includes convention centers, wedding and event venues, and other uses not
included as part of community centers; lodges, fraternal, or social organizations; or religious
assemblies. [11-16-2020]
FAMILY [10-03-2022]
One or more persons occupying a single dwelling unit, provided that unless all members are
related by blood, adoption, domestic partnership, or civil union, living together as a single
housekeeping unit, no such family shall contain over three persons, but further provided that:
(A) The family contains no more than three unrelated persons in addition to related
householder members.; and
(B) A foster home as designated by the North Carolina Department of Social Services for the
care of not more than five children less than 18 years of age be considered as family.
(C) Any child less than eighteen years of age living with parent(s) or a legal guardian is not to
be counted as a person in the calculations.
FAMILY CARE HOME
A home with support and supervisory personnel that provides room and board, personal care,
and rehabilitation services in a family environment for not more than six resident handicapped
persons.
FAMILY CHILD CARE HOME
An arrangement located in a residence where, at any one time, more than two children, but less
than nine children, receive child care, unless excluded by NCGS §110-86(2).
FARM IMPLEMENT SALES
An establishment engaged in the on-premises lease, rental, or retail sales of new or used
machinery, tools, supplies, and small appliances designed and used for agricultural or horticultural
use. This use includes the sale of farm-specific vehicles such as tractors, tillers, and farm trailers,
but does not include the sale of industrial equipment used in the processing of farm products at
locations removed from the farm where such products are grown.
FARM STAND
An area for the temporary or seasonal sales and promotion of agricultural products, generally
located on the farms where products are grown.
FARMERS’ MARKET
A collective enterprise selling directly to the public and operated under a unified set of
management guidelines and restrictions, concentrated in a single location, and leasing or
otherwise assigning spaces to growers/producers who personally sell fresh produce and related
farm products.
2-18 New Hanover County, NC | Unified Development Ordinance
FENESTRATION
The arrangement and design of openings, such as windows, within a building.
FINAL PLAT
See “Plat, Final”.
FLAG SIGN
See “Sign, Flag”.
FLASHING SIGN
See “Sign, Flashing”.
FLOATING STRUCTURE
Any structure or vessel in fact used, designed, and occupied as a permanent dwelling unit,
business or source of any occupation, or any private or social club, which floating structure or
vessel is primarily immobile and out of navigation or which functions substantially as a land
structure while the same is moored or docked on waters within County jurisdiction, whether such
floating structure is self-propelled or not.
FLOODWAY
See Article 9: Flood Damage Prevention, Section 9.5 for definition.
FOREST MANAGEMENT PLAN
A document that defines a landowner’s forest management objectives and describes specific
measures to be taken to achieve those objectives. The plan shall be prepared by a licensed
forester and shall include silviculture practices that both ensure optimal forest productivity and
environmental protection of land. (NC Division of Forest Resources and NC Cooperative
Extension Service can provide educational materials and lists of licensed foresters.)
FOOD MARKET
An establishment that offers specialty food products at retail, such as meat, seafood, produce,
artisanal goods, baked goods, pasta, cheese, confections, coffee, and other specialty food
products, and may also offer additional food and non-food commodities related or complementary
to the specialty food products.
FOOD PANTRY
A facility where stocks of food and personal care items, typically basic provisions and
nonperishable items, are supplied free of charge to people in need. This use does not include
food pantry as an accessory use to a Religious Assembly principal use, nor does it include
incidental structures commonly referred to as Little Free Pantries. [11-16-2020]
FOUNDATION PLANTINGS
A required planting area between the curb line or edge of a parking facility or drive isle and the
building's facade. See Section 5.4.7, Foundation Plantings.
FRATERNITY/SORORITY RESIDENCE
A building or structure occupied and maintained for residential uses exclusively for college or
university students who are members of a social, honorary, or professional organization chartered
by a national, fraternal, or sororal order.
FREEBOARD
See Article 9: Flood Damage Prevention, Section 9.5 for definition.
Unified Development Ordinance | New Hanover County, NC 2-19
FUEL BULK STORAGE FACILITIES
A facility whose primary purpose is the storage, distribution, mixing, or transfer of flammable or
combustible liquids, gases, or solids, received or transferred by truck, train, tank vessel, pipelines,
tank car, piping, portable tank or containers, or other method, including propane, methane,
ethanol, gasoline, kerosene, oil, coal, and other fuels. This definition shall not include fueling
stations; retail oil or gas dealers; or fuel stored at or on an agricultural farm, residence, business,
or other facility where fuel usage is limited primarily to on-site consumption.
FUEL PUMP ISLAND
Any device or group of devices used for dispensing motor fuel or similar petroleum products to
the general public.
FUEL SALES
A facility engaged in the storage, distribution, and retail sales of vehicle fuels for personal vehicles,
fleet vehicles, and/or trucks.
FUNERAL SERVICES
Establishments engaged in preparing the dead for burial or interment and conducting funerals.
Funeral Services includes crematories as an accessory use.
GENERAL USE ZONING
A legislative zoning map amendment to a conventional zoning district, as defined in N.C.G.S.
160D-703, without site-specific conditions incorporated into the zoning map amendment. A
general use zoning map amendment may be referred to as a “straight rezoning”. [05-03-2021]
GOLF COURSE
A tract or tracts of land laid out for at least nine holes for playing the game of golf, and which may
include a clubhouse, golf schools, driving ranges, and accessory uses such as restaurants/bars,
pro shops, and related facilities.
GOVERNMENT OFFICES AND BUILDINGS
An office of a governmental unit or agency that provides administrative and/or direct services to
the public such as, but not limited to: employment offices, public assistance offices, motor vehicle
licensing, and registration services.
GROCERY STORE
An establishment that offers a diverse variety of unrelated, non-complementary food and non-
food commodities such as beverages, dairy, dry goods, fresh produce, and other perishable
items, frozen foods, household products, and paper goods; may include a prescription pharmacy,
coffee shop, and/or delicatessen and prepare minor amounts of food on-site for immediate
consumption.
GROUP DEVELOPMENT
A group of two or more principal structures built on a single lot, tract, or parcel of land and
designed for occupancy by separate families, firms, businesses, or other enterprises.
GROUP HOME
A home in which more than three unrelated persons with a disability, as defined in the U.S. Fair
Housing Act, 42 U.S.C. 3601 et seq., live together as a self-supporting and self-sufficient
household unit.
HAZARD TO AIR NAVIGATION
An obstruction determined to have a substantial adverse effect on the safe and efficient utilization
of navigable airspace.
2-20 New Hanover County, NC | Unified Development Ordinance
HAZARDOUS MATERIAL
Any substance listed as such in the Superfund Amendments Reauthorization Act (SARA), Section
302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA
(oil and hazardous substances).
HEIGHT
For the purpose of determining the height limits in all zones set forth in Section 5.10, Airport Height
Restriction, the datum shall be mean sea level elevation unless otherwise specified.
HELIPORT
A facility designed to accommodate all phases of helicopter operations, with space for a terminal
and the loading, unloading, service, and storage of helicopters, including accessory uses
commonly associated with an airport terminal.
HIGH DENSITY DEVELOPMENT
A development with an Additional Dwelling Allowance permit.
HOME OCCUPATION
A business, profession, occupation, or trade that is conducted within a residential dwelling unit for
the economic gain or support of a resident of the dwelling, and is incidental and secondary to the
residential use of the lot.
HORIZONTAL SURFACE
For purposes of Section 5.10, Airport Height Restriction, the horizontal plane 150 feet above the
established airport elevation, the perimeter of which in plan coincides with the perimeter of the
horizontal zone.
HOSPICE
A licensed hospice facility which provides palliative care and supportive medical and other health
services to meet the physical, psychological, social, spiritual, and special needs of terminally ill
patients and their families in a group residential setting. [11-16-2020]
HOSPITAL
An institution receiving inpatients and rendering medical care on a 24-hours-per-day basis. The
term includes general hospitals, sanitariums, sanatoriums, and institutions in which service is
limited to special fields, such as cardiac; eye, ear, nose, and throat; pediatric; orthopedic; skin;
cancer; mental; tuberculosis; chronic disease; and obstetrics. The facilities may also include
outpatient care, ambulatory care, offices of medical practitioners, adult day care, respite care,
medical day care and day care for sick children, gift shops, restaurants, heliports, and other
customary accessory uses. The term shall not include “adult day care center,” “assisted living
facility,” or “nursing home facility.” [05-03-2021]
HOTEL OR MOTEL
A building or a group of buildings in which six or more sleeping units are offered to the public and
intended primarily for use by transient persons or tourists on an overnight or short-term lodging
basis. Such uses may include kitchenettes, microwaves, and refrigerators within the guest units.
INCIDENTAL SIGN
See “Sign, Incidental”.
INDOOR RECREATION ESTABLISHMENT
A commercial establishment that provides indoor facilities for recreation, entertainment (except
adult entertainment), or amusement, including but not limited to: bowling alleys, pool rooms,
indoor sports gymnasiums, movie theaters and live theaters, indoor skating rinks, video arcades,
and indoor shooting ranges.
Unified Development Ordinance | New Hanover County, NC 2-21
INOPERATIVE MOTOR VEHICLE
A motor vehicle which meets only one of the following criteria:
(A) Is presently unable to satisfy the vehicle inspection standards of the State of North
Carolina, regardless of whether the vehicle possesses a currently valid inspection
certificate. Motor vehicles which lack such an inspection certificate, or which display an
expired certificate, shall be presumed to be inoperative; or
(B) Is partially dismantled or wrecked; or
(C) Cannot be self-propelled or moved in the manner in which it originally was intended to
move.
INSTRUCTIONAL SERVICES AND STUDIOS
Establishments primarily engaged in teaching skills within a group setting pertaining to specialized
recreational or artistic pursuits, including but not limited to, dance studios, yoga studios, fitness
classes, martial arts, painting, sculpting, and singing. [11-16-2020]
INTEGRAL SIGN
See “Sign, Integral”.
INTENSIVE INDUSTRY
Uses listed under the heading “intensive industry” in the Table of Permitted Uses shall be
considered intensive industry uses.
INTERIOR LOT
See “Lot, Interior”.
INVASIVE SPECIES
A species of tree or other plant listed as a nonnative invasive plant by the US Department of
Agriculture, Forest Service. [11-16-2020]
JUNK YARDS, SCRAP PROCESSING
An establishment or place of business maintained, operated, or used for storing, keeping, buying,
or selling of junk materials such as old or scrap copper, brass, rope, rags, batteries, paper, trash,
rubber or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, or other old or
scrap ferrous or non-ferrous metal.
KENNEL
An establishment, including doggy day cares, that engages in the business, for a fee, or boarding,
breeding, grooming, or training of more than three domesticated animals at any one time; or an
establishment in the business, for a fee, of selling more than one litter of domesticated animals at
any one time or the selling of any three individual domesticated animals (not defined as litter
herein) at any one time. The following shall not constitute the operation of a kennel:
(A) The ownership of domesticated animals as household pets;
(B) The ownership of domesticated animals for hunting or tracking purposes;
(C) The ownership of domesticated animals for the purpose of exhibiting at shows, obedience
or field trials; and
(D) The ownership of domesticated animals for the purpose of protection of guarding of
residences or commercial establishments.
KINETIC SIGN
A sign that depicts motion either illusory or real.
2-22 New Hanover County, NC | Unified Development Ordinance
LABOR ORGANIZATION
An office or other establishment used by an organization, agency, committee, or group for the
purpose of undertaking activities on the behalf of employees of an industry or industries in regard
to collective contracts or general conditions of employment.
LAKES AND PONDS
Natural or artificial bodies of water which retain water year round. Artificial ponds may be created
by dams or may result from excavation.
LANDFILL, DEMOLITION
A sanitary landfill that receives, stores, and/or processes concrete, brick, wood, or other
construction and development debris materials.
LANDFILL, LANDSCAPE
A sanitary landfill that is limited to receiving, storing, and/or processing of stumps, limbs, leaves,
uncontaminated earth or other vegetative debris or earth materials.
LANDOWNER OR OWNER
The holder of the title in fee simple. Absent evidence to the contrary, the County may rely on the
county tax records to determine who is a landowner. The landowner may authorize a person
holding a valid option, lease, or contract to purchase to act as his or her agent or representative
for the purpose of making applications for development approvals. [05-03-2021]
LARGER THAN UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller driven aircraft of greater
than 12,500 pounds maximum gross weight and jet powered aircraft.
LIBRARY
A public and/or nonprofit facility in which literary, musical, artistic, or reference material such as,
but not limited to, books, manuscripts, computers, recordings, or films are kept for use by or
loaning to patrons of the facility, but are not normally offered for sale.
LIVE/WORK OR CARETAKER UNIT
A structure or portion of a structure that combines a nonresidential use that is allowed in the
zoning district with a residential living space for the owner of the commercial or manufacturing
business, or the owner’s employee, and that person’s household and where the resident owner
or employee of the business is responsible for the commercial or manufacturing activity
performed.
LIVESTOCK SALES
An establishment primarily engaged in the sale and distribution of livestock and may include
livestock auction sales.
LOCAL STREET
See “Street, Local”.
LODGES, FRATERNAL, & SOCIAL ORGANIZATIONS
An incorporated or unincorporated association for civic, social, cultural, religious, fraternal,
literary, political, recreational or like activities, operated on a nonprofit basis for the benefits of its
members, and certified as a non-profit organization by the Secretary of State of the State of North
Carolina.
Unified Development Ordinance | New Hanover County, NC 2-23
LOT
One or more contiguous properties or portions thereof, not separated by a public right-of-way.
Such "lots" shall be of sufficient size to meet minimum zoning district requirements for use,
coverage, and area, and provide such yards and open space as are required for the location of a
principal building or use and its accessory buildings and uses. The word lot also includes the
words "plot" and "parcel".
LOT DEPTH
The mean horizontal distance between front and rear lot lines.
LOT FRONTAGE
That portion of a lot abutting on a street, including the side dimension of a corner lot.
LOT OF RECORD
A lot which is part of a subdivision recorded in the Office of the Register of Deeds, or a lot or
parcel described by metes and bounds, the description of which is recorded.
LOT TYPES
Lot types include corner, interior, and through lots.
LOT, CORNER
A lot located at the intersection of two or more streets.
LOT, INTERIOR
A lot other than a corner lot with only one frontage on a street.
LOT, THROUGH
A lot other than a corner lot with frontage on more than one street. Through lots abutting
two streets may be referred to as double frontage lots.
MAJOR SUBDIVISION
See “Subdivision, Major”. [03-21-2022]
MARINA, COMMERCIAL
Any dock or basin and associated structures commercially providing permanent or temporary
harboring or storing of two or more boats (pleasure and/or commercial), and providing marine
services, including but not limited to retail sales for fuel, repair, convenience food and rental
goods, boats, engines, and accessory boat and equipment rental.
MEDICAL AND DENTAL OFFICE AND CLINIC
Small-scale facilities or offices where patients are admitted for examination, diagnostic testing,
and treatment by one or more physicians, dentists, or other health practitioners on a short-term
basis. The use includes the offices of physicians, dentists, chiropractors, optometrists, podiatrists,
audiologists, speech pathologists, and other health practitioners. It also includes facilities
providing short-term outpatient care and treatment (which may or may not be overnight), such as
kidney dialysis centers, outpatient pain therapy clinics, biofeedback centers, sleep disorder
clinics, family planning clinics, community health clinics, and health maintenance organization
(HMO) medical clinics. Such facilities that provide overnight care and treatment may include
sleeping rooms for care workers and members of patients’ families. This use does not include
hospitals or massage therapy establishments.
2-24 New Hanover County, NC | Unified Development Ordinance
MICROBREWERY/MICRODISTILLERY
An establishment where beer, malt beverages, wine, distilled alcohol, or mead is made on the
premises primarily for on-site consumption and/or retail sales, and may be packaged for
distribution off-site. Typical accessory uses may include a restaurant, tasting room, retail, food
truck, and/or live entertainment, as otherwise permitted in the zoning district. For the purposes
of this definition, the following shall constitute a microbrewery/microdistillery:
(A) In the case of Microbreweries, breweries that produce no more than 15,000 barrels of beer
per year AND where the total brewery size, as measured by the sum of the gross floor
area, does not exceed 25,000 square feet.
(B) In the case of Microdistilleries, distilleries that produce no more than 50,000 US gallons
per year AND where the total distillery size, as measured by the sum of the gross floor
area, does not exceed 25,000 square feet.
For breweries and distilleries that exceed the square footage and production limits, see “Beverage
Manufacturing” in the Principal Use Table. [11-16-2020]
MINING
(A) The breaking of the surface soil in order to facilitate or accomplish the extraction or
removal of mineral, ores, or other solid matter.
(B) Any activity or process constituting all or part of a process for the extraction or removal of
minerals, ores, soils, and other solid matter from their original location.
(C) The preparation, washing, cleaning, or other treatment of minerals, ores, or other solid
matter so as to make them suitable for commercial, industrial or construction use.
The definition applies regardless of whether the mining activity is for a commercial or
noncommercial purpose, and regardless of size of the affected area. Activities such as
vibracoring, box coring, surface grab sampling, and other drilling and sampling for geotechnical
testing, mineral resource investigations, or geological research are not considered mining.
Excavation of mineral resources associated with the construction or maintenance of an approved
navigation project in accordance with 15A N,C.A.C. 7B .0200 is not considered mining.
Environmental remediation or reclamation projects or the removal of material incidental to
excavation and carried out pursuant to an approved site plan (as specified in Section 74-49 (7)(d)
of the Mining Act of 1971) are exempt from this definition and shall be allowed in any zoning
district provided applicable state and local permits are acquired.
MINING & QUARRYING, HIGH INTENSITY
Mining operations with on-site processing, use of explosives, and/or that are more than 20 acres
in size.
MINING & QUARRYING, LOW INTENSITY
Mining operations no more than 20 acres in size with no on-site processing or use of explosives.
MINI-WAREHOUSE/SELF-STORAGE
A facility in which storage space such as rooms, lockers, and/or containers (storage units) are
rented to tenants, usually on a short-term basis (month-to-month), for profit. The facility may
include outdoor storage areas for boats and recreational vehicles (RVs) that are licensed and in
operable condition. [09-08-2020]
MINOR SUBDIVISION
See “Subdivision, Minor”.
Unified Development Ordinance | New Hanover County, NC 2-25
MIXED-USE RESIDENTIAL
A structure that combines a commercial unit or unit(s) with a separate residential dwelling unit or
units located on any floor except the ground floor.
MANUFACTURED HOME OR MOBILE HOME
A structure, transportable in one or more sections, which in the traveling mode is eight body feet
or more in width, or 40 body feet or more in length, or, when erected on site, is 320 or more square
feet; and which is built on a permanent chassis and designed to be used as a dwelling, with or
without permanent foundation when connected to the required utilities, including the plumbing,
heating, air conditioning and electrical systems contained therein. "Manufactured home" includes
any structure that meets all of the requirements of this subsection except the size requirements
and with respect to which the manufacturer voluntarily files a certification required by the
Secretary of HUD and complies with the standards established under the Act
For manufactured homes built before June 15, 1976, "manufactured home" means a portable
manufactured housing unit designed for transportation on its own chassis and placement on a
temporary or semipermanent foundation having a measurement of over 32 feet in length and over
eight feet in width. "Manufactured home" also means a double-wide manufactured home, which
is two or more portable manufactured housing units designed for transportation on their own
chassis that connect on site for placement on a temporary or semipermanent foundation having
a measurement of over 32 feet in length and over eight feet in width.
This definition does not apply to the provisions of Article 9: Flood Damage Prevention for
“manufactured home”; for that meaning, see Section 9.5: Definitions. [05-03-2021]
MOBILE HOME AND PREFAB BUILDING SALES
A fixed location engaged in the display and sale of mobile homes or pre-fabricated buildings.
MOBILE HOME PARK
Any site or tract of land of contiguous ownership upon which manufactured home or travel trailer
spaces are provided in accordance with the requirements set forth in Section 4.3, Standards for
Specified Principal Uses. This definition does not apply to the provisions of Article 9: Flood
Damage Prevention for “manufactured home park”; for that meaning, see Section 9.5: Definitions.
MOBILE HOME SPACE
A plot of land, the minimum size of which shall not be less than 5,000 square feet, designed to
accommodate a single mobile home within a mobile home park.
MOBILE HOME SUBDIVISION
Any new development consisting of three or more contiguous lots for the purpose of locating
mobile homes and that is designed and approved pursuant to Article 6: Subdivision Design and
Improvements, and Article 10: Administrative Procedures. This definition does not apply to the
provisions of Article 9: Flood Damage Prevention for “manufactured home subdivision”; for that
meaning, see Section 9.5: Definitions.
MOBILE HOME, DOUBLEWIDE
A mobile home designed to be joined into one integral unit that measures at least 24 feet by 40
feet.
MOTOR FREIGHT TRANSPORTATION WAREHOUSING
A business, service, or industry involving the use of commercial vehicles in the loading, unloading,
and transportation of cargo. It may also include the fueling, maintenance, servicing, storage, or
repair of commercial vehicles, or the storage of cargo.
2-26 New Hanover County, NC | Unified Development Ordinance
MOTOR VEHICLE
A road vehicle powered by an internal combustion engine or electric motor that is clearly intended
for operation on a paved, level surface with a posted speed limit of 25 miles per hour or greater.
This does not include vehicles such as mopeds, golf carts, all-terrain vehicles (ATVs), dirt bikes,
or electric assisted bicycles, skateboards, or scooters. [05-03-2021]
MULTI-MODAL TRANSPORTATION OPPORTUNITIES
Public transit, walking, bicycling, and/or water-oriented transit and the facilities necessary for such
uses.
MULTI-UNIT SIGN
See “Sign, Multi-Unit”.
MUSEUM
A facility for exhibiting, or an institution in charge of, a collection of books, or artistic, historical, or
scientific objects.
N.C.G.S
The North Carolina General Statutes.
NATIVE SPECIES
A species of tree or other plant that evolved naturally in Southeastern North Carolina without
human intervention as identified by the North Carolina Extension Service or US Department of
Agriculture. [11-16-2020]
NONCONFORMING BUILDING OR STRUCTURE (DIMENSIONAL NON-CONFORMITY)
A nonconforming situation which lawfully existed before the effective date of any provision of this
ordinance or subsequent amendment thereto, when the height, size, or minimum floor space of a
building or the relationship between an existing building and setbacks does not conform to the
regulations applicable to the district in which the property is located.
NONCONFORMING LOT
A lot which complied with the requirements of the regulations in existence at the time of its
creation, that does not currently comply with the minimum lot area requirements of the district in
which the lot is located.
NONCONFORMING PROJECT
Any structure, development, or undertaking that is incomplete on the effective date of a provision
of this ordinance and would be inconsistent with any regulations applicable to the district in which
it is located if completed as proposed or planned.
NONCONFORMING SIGN
Any sign or sign structure which was lawfully erected and maintained in accordance with all
standards and provisions in effect at the time which fails to comply with the standards of Section
5.6, Signs, and any amendments thereto, and which fails to conform to any other applicable
provisions of this Ordinance.
NONCONFORMING SITUATION
A situation that occurs when an existing lot, structure, or use was lawfully created, but does not
conform to one or more of the regulations applicable to the district in which the lot or structure is
located.
Unified Development Ordinance | New Hanover County, NC 2-27
NONCONFORMING USE
A nonconforming situation which lawfully existed before the effective date of any provision of this
ordinance or subsequent amendment thereto, which occurs when property is used for a purpose
or in a manner made unlawful by the permitted use regulations applicable to the district in which
the property is located or by other use regulations in this Ordinance.
NON-PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing air navigation facilities with
only horizontal guidance, or area type navigation equipment, for which a straight-in non- precision
instrument approach procedure has been approved or planned.
NON-SUBSTANTIAL MODIFICATION
See “Eligible Facilities Request.” [09-08-2020]
NORMAL HIGH WATER (NHW)
The ordinary extent of high tide based on site conditions such as presence and location of
vegetation, which has its distribution influenced by tidal action, and the location of the apparent
high tide line.
NURSING AND REHABILITATION CENTER
A home for chronic or convalescent patients, who, on admission, are not as a rule acutely ill and
who do not usually require special facilities such as an operating room, x-ray facilities, laboratory
facilities, and obstetrical facilities. A Nursing and Rehabilitation Center provides care for persons
who have remedial ailments or other ailments for which medical and nursing care are indicated;
who, however, are not sick enough to require general hospital care. Nursing care is their primary
need, but they will require continuing medical supervision. This term includes nursing homes.
OBSTRUCTION
For purposes of Section 5.10, Airport Height Restriction, any structure, growth, or other object,
including a mobile object, which exceeds a limiting height set forth in Section 5.10, Airport Height
Restriction.
OFFICES FOR PRIVATE BUSINESS AND PROFESSIONAL ACTIVITIES
Establishments primarily engaged in the day-to-day administrative or clerical services for
businesses or other organizations that provide professional or other services to the general public
on a walk-in or appointment basis in an office setting.
OFFICIAL MAP OR PLANS
Any maps, plans, charts, or texts officially adopted by the County Board of Commissioners for the
development of New Hanover County. This definition shall include the most recent version of all
maps officially adopted or promulgated by State and federal agencies. [05-03-2021]
OFF-PREMISES ADVERTISING
Any sign either free standing or attached to a structure that directs attention to a business,
commodity, service, entertainment or other activity conducted, sold, or offered elsewhere than on
the premises on which said sign is located.
OFF-STREET PARKING SPACE
See “Parking Space, Off-Street”.
OIL AND GAS DEALER, RETAIL
An establishment primarily engaged in the retail sale of heating oil, liquefied petroleum (LP) gas,
and other fuels. [11-16-2020]
OUTDOOR ADVERTISING SIGN
See “Sign, Outdoor Advertising”.
2-28 New Hanover County, NC | Unified Development Ordinance
OUTDOOR RECREATION ESTABLISHMENT
Uses that provide commercial recreation or amusement outdoors (except adult entertainment),
including but not limited to: drive-in movie theater, amusement park or theme park, fairgrounds,
miniature golf establishments, golf driving ranges, water slides, and batting cages.
OUTDOOR SHOOTING RANGE
An area of land reserved or specifically designed for the discharging of firearms (excluding
paintball guns) for the purposes of exhibition, training, educational, recreational, therapeutic, or
competition activities. Excluded from this use type shall be general hunting and the discharging
of firearms conducted solely by an individual property owner and/or their guest(s), provided no
fee is assessed for the activity.
OVERHEAD CANOPY
Any structure placed over, around, or near a fuel pump island or bank drive-thru and intended to
provide lighting and/or protection from the elements for island users shall be considered an
overhead canopy.
PARK AND RECREATION AREA
An area of land set aside for public use and enjoyment and consisting of facilities for passive
and/or active recreation, specifically excluding commercially operated recreational facilities. This
use does not include passive or active open spaces developed to be ancillary to residential
neighborhoods and developments.
PARKING SPACE, OFF-STREET
A space adequate for parking an automobile with room for opening doors on both sides, together
with properly related access to a public street or alley and maneuvering room.
PENNANT SIGN
See “Sign, Pennant”.
PERFORMANCE BOND
A performance bond from a surety financial guarantee company authorized to do business in
North Carolina, made issued or made payable to New Hanover County. The performance bond
shall be in a form reasonably acceptable to the County.
PERFORMANCE RESIDENTIAL DEVELOPMENT
A residential development varying from the dimensional requirements of conventional residential
development but not exceeding the density limit established in the applicable zoning district.
PERSON
An individual, partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private institution, utility, cooperative, interstate body, the
State of North Carolina and its agencies and political subdivisions, or other legal entity. [05-03-2021]
PERSONAL SERVICES, GENERAL
Establishments primarily engaged in providing non-medical services to individuals involving the
care of a person or his or her personal goods or apparel, including barber shops, beauty salons,
nail care salons, tanning services, shoe and clothing repair, and drop off laundry services.
PHARMACY
A retail store with the primary function of selling or dispersing medicines and related medical
products that may offer other retail goods in addition to prescription pharmaceuticals.
Unified Development Ordinance | New Hanover County, NC 2-29
PIER-HEAD LINE
A line established to limit the extension of piers into public waters in order to preserve the citizens'
use of those waters for commercial and recreational purposes. Piers may not be constructed that
extend into the channel portion of the water body and shall not extend more than one-third the
width of a natural water body or man-made canal or basin. However, piers constructed along the
Atlantic Intracoastal Waterway (AIWW) that are intended for public use or for research or scientific
studies affiliated with public or private universities and colleges may extend to the minus 4.0-foot
mean low water depth (-04.0' mlw) provided such extension is no closer than 85 feet from and
parallel to the edge closest to the pier of the official navigation channel of said waterway as
established by the United States Corps of Engineers. It shall be the responsibility of the
owner/petitioner to locate the setback line based upon accurate channel surveys maintained by
the Corps. Such piers shall conform with all other criteria established by the North Carolina
Coastal Resources Commission.
PLANNING BOARD
The New Hanover County Planning Board. [05-03-2021]
PLANNING DEPARTMENT
The New Hanover County Planning and Land Use Department.
PLANNING DIRECTOR
The New Hanover County Planning and Land Use Director, who is responsible for administering
and enforcing this Ordinance (see Section 10.1.6, Planning Director).
PLAT
Includes the map, plan, plat, replat, replot; a map or plan of a tract or parcel of land which is to
be, or which has been subdivided.
PLAT, FINAL
A map of a land subdivision prepared in a form suitable for filing of record with necessary
affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines
defining lots and blocks, streets and alleys, public areas and other dimensions of land required
by this UDO.
PLAZA AREA
An area adjacent to the roadway which serves as a physical barrier to direct the flow of traffic and
to separate highway traffic from the activity on private property.
PORTABLE OR MOVEABLE SIGN
See “Sign, Portable or Moveable”.
POST OFFICE
An office or station of a government postal system at which mail is received and sorted, from
which it is dispatched and distributed, and at which stamps are sold or other services rendered.
PRECISION INSTRUMENT RUNWAY
A runway having an existing instrument approach procedure utilizing an Instrument Landing
System (ILS) or a Precision Approach Radar (PAR). It also means a runway for which a precision
approach system is planned and is so indicated on an approved airport layout plan or any other
planning document.
2-30 New Hanover County, NC | Unified Development Ordinance
PRELIMINARY FORUM
A public meeting conducted by the New Hanover County Planning Board in association with a
special use permit application in which the Planning Board, prior to the quasi-judicial public
hearing conducted by the New Hanover County Board of Commissioners, receives public
comment and conducts an advisory review for the applicant and public in order to identify potential
relevant and material evidence, findings of fact, and issues or areas that the Board of
Commissioners may need more information on in order to reach a required conclusion. [05-03-2021]
PRELIMINARY PLAN
A map of proposed land subdivision showing the character and proposed layout of the tract in
sufficient detail to indicate the suitability of the proposed subdivision of land.
PRIMARY SURFACE
A surface longitudinally centered on a runway. When the runway has a specially prepared hard
surface, the primary surface extends 200 feet beyond each end of that runway; for military
runways or when the runway has no specially prepared hard surface, or planned hard surface,
the primary surface ends at each end of that runway. The width of the primary surface is set forth
in Section III of this Ordinance. The elevation of any point on the primary surface is the same as
the elevation of the nearest point on the runway centerline.
PRINCIPAL BUILDING
A building in which is conducted the principal use of the lot on which it is located.
PRINCIPAL SIGN
See “Sign, Principal”.
PRODUCE STAND
A single-vendor enterprise established to sell a variety of farm products directly to the public in a
single location for one or several off-site growers.
PROFESSIONAL ARCHEOLOGIST
A person who has a graduate degree in archaeology, anthropology, or a closely related field, plus:
(A) At least one year of full-time professional experience or equivalent specialized training in
archaeological research, administration and management.
(B) At least four months of supervised field and analytic experience in general North American
Archeology; and
(C) Demonstrated ability to carry research to completion.
PROFESSIONAL HISTORIAN
A person who has a graduate degree in history or a closely related field, plus one of the following:
(A) At least two years of full-time experience in research, writing, teaching, interpretation or
other demonstrable professional activity with an academic institution, historic organization
or agency, museum, or other professional institution; or
(B) Substantial contribution through research and publication to the body of scholarly
knowledge in the field of history.
PROJECTING SIGN
See “Sign, Projecting”.
PROPERTY
All real property subject to land-use regulation by New Hanover County. The term includes any
improvements or structures customarily regarded as a part of real property. [05-03-2021]
Unified Development Ordinance | New Hanover County, NC 2-31
RAILROAD FREIGHT DEPOT
A facility where freight is collected and transferred by rail.
RAILROAD PASSENGER TERMINAL
A facility that receives and discharges railroad passengers.
RECREATIONAL VEHICLE
See Travel Trailer.
RECREATIONAL VEHICLE AND BOAT TRAILER STORAGE LOT
A ground level parking area on which recreational vehicles and boat trailers, with or without boats,
can be stored for a fee when not in use.
RECREATIONAL VEHICLE PARK
See Travel Trailer Park.
REGULATED TREE
See “Tree, Regulated”.
RELIGIOUS ASSEMBLY
A facility or area for people to gather together for public worship, religious training, or other
religious activities including a church, temple, mosque, synagogue, convent, monastery, or other
structure, together with its accessory structure(s), including a parsonage or rectory. This use
does not include home meetings or other religious activities conducted in and ancillary to a
privately occupied residence. Accessory uses may include meeting rooms and childcare provided
for persons while they are attending assembly functions. Schools and other childcare services
are not accessory uses and shall require approval as separate principal uses.
REPAIR SHOP
Establishments engaged in repairing and maintaining consumer electronics, computer and office
machines, household appliances, home and garden equipment, furniture, and related equipment.
RESEARCH AND DEVELOPMENT FACILITY
An establishment that engages in research, or research and development, of innovative ideas in
medical, biological, technology-intensive, or similar fields. This use may include laboratories and
facilities for the construction of prototypes.
RESIDENTIAL PRIVATE PIER
A dock, pier, launching tamp, and/or supportive boating activity extending from a residential lot
into water adjacent thereto; the use of which is limited to members of the family of the lot owner
or his tenant and/or their invited guests.
RESTAURANT
Establishments where food and beverages are prepared and sold on a retail basis for
consumption on or off premises as its principal business.
RETAIL NURSERY
A facility or area for the displaying and sale of plant stock, seeds, or other horticultural items. The
growing of plant stock is not included in this definition.
RETAIL SALES, BUILDING AND CONSTRUCTION SUPPLIES
Commercial enterprises providing building and construction supplies for sale directly to the
consumer. This use may include outdoor storage areas and ancillary leasing or renting of
equipment.
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RETAIL SALES, GENERAL
Commercial enterprises that provide goods and/or services for sale, lease, or rental directly to the
consumer. Examples include stores selling, leasing, or renting consumer, home, and business
goods such as art, clothing, dry goods, electronic equipment, furniture, garden supplies,
hardware, jewelry, pet food, and printed material.
REVOLVING SIGN
See “Sign, Revolving”.
RIVER’S EDGE
The Normal High Water (NHW) level, as established by a field representative from the Division of
Coastal Management or by the New Hanover County Local Permit Officer when an application
for a CAMA permit has been submitted, measured from the water’s edge to the proposed building
elevation closest to and facing the river.
ROADS/STREETS
For the purposes of Article 6: Subdivision Design and Improvements, a right-of-way with
infrastructure for vehicular movement which is designed, dedicated, and constructed for public or
private use to a standard commensurate with its function. The functional classifications of
roads/streets are as follows:
STREET, ARTERIAL
Arterial road systems provide a higher speed, high volume network for travel between two
points of interest. The design covers a broader range of roadways, from two lane to multi-
lane, and is oriented more toward efficient mobility rather than property access. Example:
Market Street, College Road.
STREET, COLLECTOR
Collectors serve a dual purpose, collecting traffic for movement between arterial and local
streets and providing limited access to abutting properties. These streets not only serve
traffic movements between arterials and local streets, but through traffic within local areas.
Collector streets shall intersect with existing or planned collector or arterial streets.
STREET, CUL-DE-SAC
A street open at one end that is planned, constructed, and operated for the sole purpose
of property access. Cul-de-sacs shall include a turnaround at the closed end of the street
to permit reverse direction. In the interest of public service delivery response, the total
length of a cul-de-sac shall be minimized. Example: Amelia Court.
STREET, ALLEY
Alleys provide side or rear access to individual parcels that front on a higher order street.
They are characterized by narrow right-of-way and travelway widths to accommodate
passenger vehicles and residential services at slow speeds. Alleys generally connect at
both ends to local or collector streets. In some instances, dead end alleys are permissible
with a vehicle turnaround at the terminus of the travelway. No permanent parking is
allowed. Alley example: Loring Alley.
STREET, LOCAL
Local streets provide access to parcels and may be planned, constructed, and operated
for the function of property access and limited through traffic. Traffic volumes are largely
short trips or a relatively small part of longer trips where local streets connect with major
streets or highways of higher classifications. Street example: Mallow Road.
Unified Development Ordinance | New Hanover County, NC 2-33
STREET STUBS
A dedicated right- of- way that abuts undeveloped property for the purpose of allowing
future access, connectivity, or to logically extend the street system into the surrounding
area. All street stubs designated as public or private shall be paved to the property line in
order to be counted toward the road connectivity requirements. Temporary access bulbs
to facilitate adequate turnaround consisting of an all weathered surface may be required.
Wings of bulb shall be removed when adjoining land is developed. No gates or
obstructions will be permitted. However, adequate signage installed by the developer to
warn motorists of dead end shall be required.
ROOF SIGN (INTEGRAL)
See “Sign, Roof (integral)”.
RUNWAY
A defined area on an airport prepared for landing and take-off of aircraft along its length.
RV OR TRAVEL TRAILER DWELLING
A dwelling unit that meets the definition of a Recreational Vehicle (RV) or Travel Trailer, as defined
herein, but that does not include Temporary Relocation Housing as defined by this ordinance. [09-
08-2020]
SEASONAL SALES
The sale of merchandise outdoors for a definite time period and not associated with a principal
retail use. Seasonal sales can include the sale of such items as Christmas trees, pumpkins, and
similar seasonal or holiday-related products.
SENIOR LIVING: ASSISTED LIVING FACILITY
Any group housing and services program for two or more unrelated adults that makes available,
at a minimum, one meal a day and housekeeping services and provides personal care services
directly or through a formal written agreement with one or more licensed home care or hospice
agencies, in accordance with NCGS §131D-2.1.
SENIOR LIVING: CONTINUING CARE RETIREMENT COMMUNITY
A residential community that accommodates changing lifestyle preferences and health care needs
and offers several levels of assistance, including all of the following: independent living, assisted
living, and nursing home care. It provides a written agreement or long-term contract between the
resident and the provider community that offers assurance of a continuum of housing, services,
and health care, most commonly all on one campus, and frequently last for the resident’s lifetime.
SENIOR LIVING: INDEPENDENT LIVING RETIREMENT COMMUNITY
A housing development that may contain a variety of housing types designed for and restricted to
occupancy by households having at least one member who is 55 years of age or older, living
independently. Facilities and services typically include features such as: security; lawn and
building maintenance; wellness, fitness, or spa services and facilities; central meeting areas;
programmed recreation or social facilities and activities; communal garden spots; AARP Universal
design or other similar characteristics. Minimal supportive services may also be offered to
residents in senior apartment facilities.
SEPTAGE, SLUDGE DISPOSAL
A site for the disposal of septage and/or sludge.
SHOPPING CENTER
Two or more commercial establishments planned and constructed as a single unit with off-street
parking and loading facilities provided on the property and related in location, size, and type of
shops to the trade area which the unit serves.
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SIGHT DISTANCE
Area at intersecting street that establishes a clear line of sight for a waiting vehicle to see
oncoming traffic and make turning movements into or out of street or driveway safely or for traffic
to see entering or waiting vehicles.
SIGN
Any device designed to inform or attract the attention of persons not on the premises on which
the sign is located.
SIGN, ANIMATED
Any sign which uses movement or change of lighting to depict action or to create a special effect
or scene (compare "flashing sign").
SIGN, BANNER
A suspended sign made of a flexible material such as canvas, sailcloth, plastic, or waterproof
paper.
SIGN, DIRECTIONAL (ON-PREMISES)
A sign or guide to direct pedestrian or vehicular traffic on the premises on which it is displayed.
Examples include "in," "out," "entrance," and "exit."
SIGN, FLAG
Refers to devices generally made of flexible materials such as cloth, paper or plastic, and
displayed on a flagpole.
SIGN, FLASHING
An illuminated sign of direct or indirect lighting on which the artificial light flashes on and off in
regular or irregular sequences.
SIGN, FLOATING
Any sign painted on or attached to any boat or structure which floats or is designed to float,
whether such boat or structure is self-propelled or not.
SIGN, INCIDENTAL
A single face or double face non-illuminated professional or announcement sign attached wholly
to a building, window, or door containing information relative to emergencies, store hours, credit
cards honored, and other similar accessory information.
SIGN, INTEGRAL
Names of buildings, dates of erection, monumental citations, tablets, and the like when carved
into stone, concrete or similar material or made of bronze, aluminum, or other permanent type
construction and made an integral part of the building.
SIGN, MULTI-UNIT
A freestanding sign which contains three or more identification signs for multi-occupancy
premises, such as a shopping center.
SIGN, OUTDOOR ADVERTISING
Any sign either free standing or attached to a structure which directs attention to a business,
commodity, service, entertainment, or other activity, conducted, sold, or offered elsewhere than
on the premises on which said sign is located.
SIGN, PENNANT
A tapered or dovetailed banner or flag.
Unified Development Ordinance | New Hanover County, NC 2-35
SIGN, PORTABLE OR MOVEABLE
A sign that is not permanently attached to the ground, a structure, or a building, and that can
easily be moved from one location to another and used for a temporary purpose.
SIGN, PRINCIPAL
A sign which directs attention to a business, commodity, service, entertainment, or other activity,
conducted, sold, or offered exclusively on the premises upon which the sign is located.
SIGN, PROJECTING
A sign end-mounted or otherwise attached to an exterior wall of a building or structure, and which
projects out from the wall.
SIGN, REVOLVING
A sign which revolves 360 degrees.
SIGN, ROOF (INTEGRAL)
Any sign erected or constructed as an integral part of a normal roof structure of any design, such
that no part of the sign extends vertically above the highest portion of the roof and such that no
part of the sign is separated from the rest of the roof by a space of more than six inches. Chimneys
or other similar features are not an integral part of a normal roof structure. An integral roof sign
shall be considered to be a wall sign and shall be subject to the regulations pertaining to wall
signage.
SIGN, SPECIAL PURPOSE
A temporary sign to announce sales, new products, openings, or closeouts, and other special
events.
SIGN, TEMPORARY
Sign permitted for a period not exceeding 12 months, including for sale, for rent, construction
company's name, subcontractor's names, architect's, and planner's names.
SIGN, TIME AND/OR TEMPERATURE
A sign containing numerals which may be alternately displayed to show the time and/or
temperature. A time and/or temperature sign shall not be considered a flashing or animated sign;
time and temperature signs shall not change or alternate messages more frequently than once
every three seconds.
SIGN, WALL
A sign which is attached flat to a wall or facade facing of a building and which projects not more
than eighteen inches from the wall.
SIGN, WINDOW
A sign attached directly onto the inside or outside of the window of a building, or placed inside the
window so that it is visible from the outside.
SITE PLAN
A scaled drawing and supporting text that is submitted as part of a Major or Minor Site Plan
application showing the relationship between lot lines and the existing or proposed uses,
buildings, or structures on the lot, as well as details such as building areas, building height and
floor area, setbacks from lot lines and street rights-of-way, intensities, densities, utility lines and
locations, parking, access points, roads, and stormwater control facilities that are depicted to
show compliance with all legally required development regulations that are applicable to the
project and the site plan review. For the purposes of this ordinance, this definition does not include
subdivision construction plans or plats. For definitions related to subdivision plans or plats, see
“Preliminary Plan”, “Subdivision Construction Plans”, and “Plat, Final”. [05-03-2021]
2-36 New Hanover County, NC | Unified Development Ordinance
SITE SPECIFIC DEVELOPMENT PLAN
A conceptual plan that describes with reasonable certainty the type and intensity of land use for
a specific parcel or parcels that is submitted as part of a conditional zoning map amendment,
special use permit, or master planned development. This definition shall include “conceptual
development plan” as used in this ordinance and “site-specific vesting plan” as defined and used
in N.C.G.S. 160D-108.1. [05-03-2021]
SLEEPING UNIT
A room or space in which people sleep, which can also include permanent provisions for living,
eating, and either sanitation or kitchen facilities but not both. Such rooms and spaces that are
also part of a dwelling unit are not sleeping units. [05-03-2021]
SOLAR ENERGY COLLECTION FACILITY
A facility designed to meet energy demands for a large area and consisting of solar panels,
modules, and related equipment (e.g., heat exchanger, pipes, inverter, wiring, storage) that
collects solar radiation and transfers it as heat to a carrier fluid for use in hot water heating or
space heating and cooling, and/or that collects energy and converts it into electricity.
SOLAR ENERGY COLLECTION FACILITY, ACCESSORY
A facility designed to meet energy demands for the principal use of the property on which the
collection facility is located, and consisting of solar panels, modules, and related equipment (e.g.,
heat exchanger, pipes, inverter, wiring, storage) that collects solar radiation and transfers it as
heat to a carrier fluid for use in hot water heating or space heating and cooling, and/or that collects
energy and converts it into electricity. A solar energy collection facility intended to serve the
energy needs of a use or uses beyond the property on which the collection facility is located shall
constitute a “Solar Energy Collection Facility” principal use. [11-16-2020]
SPECIAL FUNDRAISING FOR NON-PROFIT ORGANIZATIONS
A temporary fundraising activity and/or sale conducted by a non-profit organization to support its
defined mission.
SPECIAL HIGHWAY
Any highway, such as but not limited to interstate corridors, freeways, arterials, and collectors,
designated by the County Commissioners for its scenic qualities and its ability to provide safe and
efficient traffic flow.
SPECIAL PURPOSE SIGN
See “Sign, Special Purpose”.
SPECIAL PURPOSE UTILITY LOT
A lot used solely for the purpose of accommodating a public utility that is not required to meet the
minimum district dimensional standards of the underlying zoning district. [03-21-2022]
SPECIAL USE
A use that would not be appropriate generally as a right without restriction throughout a zoning
district, but which, if controlled as to number, area, location, or relation to neighborhood, would
promote the public health, safety, morals, or the general welfare.
SPECIAL USE PERMIT
A permit issued to authorize development or land uses in a particular zoning district upon
presentation of competent, material, and substantial evidence establishing compliance with one
or more general standards requiring that judgment and discretion be exercised as well as
compliance with specific standards. [05-03-2021]
Unified Development Ordinance | New Hanover County, NC 2-37
SPECIFIED ANATOMICAL AREAS
1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female
breast below a point immediately above the top of the areola; and 2) human male genitals in a
discernibly turgid state, even if completely and opaquely covered.
SPECIFIED SEXUAL ACTIVITIES
1) Human genitals in a state of sexual stimulation or arousal; 2) acts of human masturbation,
sexual intercourse, or sodomy; 3) fondling or other erotic touching of human genitals, pubic
region, buttock, or female breast.
SPECIMEN TREE
See “Tree, Specimen.”
STABLE
A facility for the keeping of horses for the private use of the residents or owners of the lot. This
use includes accessory boarding of horses.
STORY
That portion of a building between the surface of any floor and the floor or roof above it. The
following are considered stories:
(A) Mezzanines exceeding one-third of the total floor area of the story immediately below it;
(B) Penthouses; and
(C) Basements more than 6 feet above the finished ground level for more than 50 percent of
the total building perimeter. [11-01-2021]
STREET
In general, a dedicated and accepted public or private right-of-way for vehicular traffic which
affords the principal means of access to abutting properties. For the purposes of Article 6:
Subdivision Design and Improvements, see the definition for Roads/Streets.
STREET LINE
The right-of-way boundary of a street.
STRUCTURE
Anything constructed or erected within a fixed location on the ground, or attached to something
having a fixed location on the ground. The term structure shall be construed to include buildings,
porches, decks, carports, garages, sheds, roof extensions, overhangs extending more than two
inches, and any other projections directly attached to the structure. For purposes of Section 5.10,
Airport Height Restriction, a structure is any object, including a mobile object, constructed or
installed by man, including, but without limitation, buildings, towers, cranes, smokestacks, earth
formation, and overhead transmission lines. This definition does not apply to the provisions of
Article 9: Flood Damage Prevention; for that meaning, see Section 9.5: Definitions. [05-03-2021]
STRUCTURAL ADDITION TO A MOBILE HOME
Any roofed, canopied, enclosed porch and/or room or structure that is used in connection with a
mobile home. A concrete slab porch or open deck with no roof shall not be considered a structural
addition.
SUBDIVIDER
Any person, firm or corporation who subdivides any land.
2-38 New Hanover County, NC | Unified Development Ordinance
SUBDIVISION
A "subdivision" shall include all divisions of a tract or parcel of land into two or more lots, building
sites, or other divisions when any one or more of those divisions are created for the purpose,
whether immediate or future, of sale or building development, and shall include all divisions of
land involving the dedication of a new street or a change in existing streets; provided, however,
that the following shall not be included within this definition nor be subject to the regulations
authorized by this UDO:
(1) the combination or recombination of portions of previously subdivided and recorded lots
where the total number of lots is not increased and the resultant lots are equal to or exceed
the standards of the County as shown in Article 6: Subdivision Design and Improvements;
(2) the division of land into parcels greater than ten acres where no street right-of-way
dedication is involved;
(3) the public acquisition by purchase of strips of land for the widening or opening of streets
or for public transportation system corridors; or
(4) the division of a tract in single ownership whose entire area is no greater than two (2) acres
into not more than three (3) lots, where no street right-of-way dedication is involved and
where the resultant lots are equal to or exceed the standards of the County as shown in
Article 6: Subdivision Design and Improvements.
(5) the division of a tract into parcels in accordance with the terms of a probated will or in
accordance with intestate succession under Chapter 29 of the General Statutes. [05-03-
2021]
SUBDIVISION CONSTRUCTION PLANS
Plan, profile, and detail drawings sufficient to indicate the construction of all improvements
associated with the property to be subdivided, prepared by a professional, legally recognized by
a State of North Carolina licensing board as being licensed to perform such activities or
undertakings.
SUBDIVISION, MAJOR
Any subdivision that exceeds this ordinance’s criteria for a minor subdivision and is not exempted
under NCGS 160D-802. [03-21-2022]
SUBDIVISION, MINOR
A minor subdivision is a subdivision
(1) involving not more than five lots, all of which front on an existing approved street; and
(2) not involving any new streets or prospectively requiring any new street for access to interior
property; and
(3) not requiring drainage improvements or easements to serve the applicant's property or
interior properties.
SUBSTANTIAL MODIFICATION
The mounting of a proposed wireless facility on a wireless support structure that substantially
changes the physical dimensions of the support structure. A mounting is presumed to be a
substantial modification if it meets any one or more of the criteria:
(A) Increasing the existing vertical height of the structure by the greater of (i) more than ten
percent (10%) or (ii) the height of one additional antenna array with separation from the
nearest existing antenna not to exceed 20 feet.
Unified Development Ordinance | New Hanover County, NC 2-39
(B) Except where necessary to shelter the antenna from inclement weather or to connect the
antenna to the tower via cable, adding an appurtenance to the body of a wireless support
structure that protrudes horizontally from the edge of the wireless support structure the
greater of (i) more than 20 feet or (ii) more than the width of the wireless support structure
at the level of the appurtenance.
(C) Increasing the square footage of the existing equipment compound by more than 2,500
square feet. [09-08-2020]
SUBSTANTIALLY COMMENCED
For the purposes of this ordinance a development is determined by the Planning Director to have
substantially commenced if evidence is provided that one or more of the following applies:
(A) The development has received and maintained a valid erosion and sedimentation control
permit and conducted grading activity on a continuous basis and not discontinued it for
more than thirty (30) days; or
(B) The development has installed substantial on-site infrastructure; or
(C) The development has received and maintained a valid building permit for the construction
and approval of a building foundation; or
(D) Ten percent (10%) or more of the total cost of design- and construction-related activities
authorized by such approvals or permits has been completed on the site. [05-03-2021]
SUNSHINE LIST
A list of email addresses on file with the Clerk to the Planning Board of persons or organizations
with a standing written request or subscription to receive public meeting notices.
SURFACE DRAINAGE
A drainage system consisting of culverts and open ditches.
TECHNICAL REVIEW COMMITTEE
A committee formed by the County Commissioners for the purpose site plan and subdivision
review as prescribed by this UDO (see Section 10.1.5, Technical Review Committee (TRC)).
Abbreviated as “TRC” in this Ordinance.
TEMPORARY EMERGENCY SERVICES FACILITY
A temporary establishment for the provision of emergency services, such as fire, rescue and
emergency medical services, and associated emergency preparedness, emergency
management, or disaster management activities. [11-16-2020]
TEMPORARY FAMILY HEALTHCARE STRUCTURE
A transportable residential structure accessory to a principal dwelling providing an environment
facilitating a caregiver's provision of care for a mentally or physically impaired person that (i) is
primarily assembled at a location other than its site of installation, (ii) is limited to one occupant
who shall be the mentally or physically impaired person, (iii) has no more than 300 gross square
feet, and (iv) complies with applicable provisions of the State Building Code and G.S. 143-
139.1(b). [05-03-2021]
TEMPORARY REAL ESTATE OFFICE/MODEL
A dwelling, dwelling unit, or other marketable unit of a new development that is used for real estate
sales or leasing activities associated with the development.
TEMPORARY RELOCATION HOUSING
Temporary housing utilizing nonpermanent facilities for the displaced as a result of a natural or
other disaster.
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TEMPORARY SIGN
See “Sign, Temporary”.
THROUGH LOT
See “Lot, Through”.
TIMBER HARVEST
The felling, loading, and transportation of forest products, round wood or logs (Source: North
Carolina Division of Forest Resources)
TIME AND/OR TEMPERATURE SIGN
See “Sign, Time and/or Temperature”.
TOWER (AS APPLIES TO TELECOMMUNICATIONS)
For the purposes of the Communications and Information Facilities standards of Subsection 4.3.3,
“tower” shall be used interchangeable with “wireless support structure.” See “Wireless Support
Structure.” [09-08-2020]
TRANSITIONAL SURFACES
These surfaces extend outward at 90 degree angles to the runway centerline and the runway
centerline extended at a slope of seven feet horizontally for each foot vertically from the sides of
the primary and approach surfaces to where they intersect the horizontal and conical surfaces.
Transitional surfaces for those portions of the precision approach surfaces, which project through
and beyond the limits of the conical surface, extend a distance of 5,000 feet measured horizontally
from the edge of the approach surface and at 90 degree angles to the extended runway centerline.
TRANSPORTATION VEHICLE SERVICE AND STORAGE FACILITY
A garage or yard facility where public transportation or freight vehicle fleets are stored,
maintained, and dispatched into service. These facilities do not involve the storage of personal
vehicles, equipment, or other items used by the general public. [11-16-2020]
TRAVEL TRAILER
A wheeled vehicular portable structure built on a chassis designed to be used as a temporary
dwelling for travel and/or recreational purposes, including, but not limited to structures mounted
on auto or truck bodies that are commonly referred to as campers. Also referred to as
Recreational Vehicles, RVs, except for the purposes of Article 9: Flood Damage Prevention.
TRAVEL TRAILER PARK
Any site or tract of land upon which are located the minimum number of travel trailer spaces or
land area required by this ordinance regardless of whether or not a charge is made for such
service.
TRAVEL TRAILER SPACE
A plot of land within a travel trailer park designed for the accommodation of one travel trailer.
TRC
See “Technical Review Committee.”
TREE
For purposes of Section 5.10, Airport Height Restriction, any object of natural growth.
TREE, CANOPY
Any tree or other woody plant with an average spread of 25 feet or greater at maturity that when
fully grown will provide shade and/or shelter for the land beneath while allowing passage of
people, animals and/or vehicles upon the land beneath. [05-03-2021]
Unified Development Ordinance | New Hanover County, NC 2-41
TREE, SPECIMEN
Any Live Oak, Bald Cypress, or Pond Cypress tree that is 36” diameter at breast height (DBH) or
larger. [05-03-2021]
TREE, UNDERSTORY
Any tree no more than 35 feet in height at maturity located between the forest canopy and the
ground cover. [05-03-2021]
UNDERSTORY TREE
See “Tree, Understory”.
URGENT CARE FACILITY
A facility that provides emergency medical services with no provision for continuing care on an
inpatient basis. Such establishments generally have a wider range of business hours than medical
and/or dental offices and/or clinics, serve primarily drop-in patients, and may include accessory
uses such as heliports. [11-16-2020]
USE VALUE
The North Carolina General Assembly enacted the "Land Use Program," which allows reduced
tax values for individually owned property used for certain purposes, including forestry. Basic
eligibility requirements are forestland consisting of one or more tracts, one of which consists of at
least 20 acres that is in actual production and are not included in a farm unit. A forestry
management plan is required. (Contact NHC Tax Administration for more information.)
UTILITY LINES, STRUCTURES, AND/OR FACILITIES; GENERAL
Lines, facilities, or structures engaged in the treatment, transmission, and/or distribution of
electricity, gas, steam, water, sewer, cable, or other utility not otherwise specified by this
ordinance.
UTILITY RUNWAY
A runway that is constructed for and intended to be used by propeller driven aircraft of 12,500
pounds maximum gross weight and less.
VARIANCE
A relaxation of the terms of this Ordinance which permits development or construction in a manner
otherwise prohibited by this Ordinance where, owing to conditions peculiar to the property and
not the result of the action of the application, a literal enforcement of the ordinance would result
in unnecessary and undue hardship, issued in conformity with the provisions of Section 10.3.11,
Variance – Zoning and Subdivision. Such variances shall not authorize the establishment or
expansion of a use otherwise prohibited, nor shall a variance be granted because of the presence
of nonconformities in the zoning district or uses in an adjoining zoning district. This definition
does not apply to the provisions of Article 9: Flood Damage Prevention; for that meaning, see
Section 9.5: Definitions.
VEGETATED BUFFER
For purposes of Section 5.7.5, Vegetated Buffer Controls for Conservation, an existing natural
area, or an area planted as recommended in the New Hanover County Tree and Landscaping
Manual, which preserves, protects, and restores water quality and estuarine resources. These
buffers are an effort to provide the following functions: filter suspended solids, nutrients, bacteria,
and other pollutants before entering surface waters; provide soil stabilization; provide shading to
assist in temperature regulation of estuarine waters; provide wildlife habitat and aesthetic beauty.
VEHICLE SALES
A facility used primarily for the sale of consumer-oriented motor vehicles, as defined herein. [05-
03-2021]
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VEHICLE SERVICE STATION, LARGE VEHICLES
Repair of large vehicles such as commercial tractor trailer trucks, buses, etc., including assembly
or disassembly of engine parts, body parts, transmission, etc. and recapping of tires.
VEHICLE SERVICE STATION, MAJOR
Repair of small and/or personal vehicles consisting of assembly or disassembly of engine parts,
body parts, transmissions, chassis, axles, etc. and/or the process of painting or upholstering.
VEHICLE SERVICE STATION, MINOR
Repairs of small and/or personal vehicles consisting of a minor nature, such as tune ups, oil
changes, chassis lubrication, tire change or repair, wheel alignment, and muffler repair or
installation.
VEHICLE TOWING SERVICE AND STORAGE YARD
Any lot, structure, or the use of any portion of such lot or structure for the temporary outdoor
storage of towed vehicles that are to be claimed by the titleholders or their agents.
VESTED RIGHT
The right to undertake and complete the development of property pursuant to N.C.G.S. 160D-108
and 160D-108.1. [05-03-2021]
VETERINARY SERVICE
A facility for the diagnosis and treatment of domestic and other animals including, but not limited
to, dogs, cats, birds, and horses; and the incidental grooming, boarding, or breeding of animals
may also be provided.
VISUAL RUNWAY
A runway intended solely for the operation of aircraft using visual approach procedures.
VOCATION OR TRADE SCHOOL
A public or private school offering vocational or trade instruction—such as teaching of trade or
industrial skills, clerical or data processing, barbering or hair dressing, computer or electronic
technology, or artistic skills—to students and that operates in buildings or structures or on
premises of land leased or owned by the educational institution for administrative purposes and
meets the State requirements for a vocational training facility. Such uses include classrooms,
laboratories, auditoriums, libraries, cafeterias, and other facilities that further the educational
mission of the institution.
WALL SIGN
See “Sign, Wall”.
WALKING DISTANCE
A distance within which a pedestrian is able to travel between an origin and destination without
obstruction, in a safe and comfortable environment on a continuous network of sidewalks, all-
weather-surface footpaths, crosswalks, or equivalent pedestrian facilities and not be required to
cross a street with speed limits greater than 35 mph without signals or stop signs at crosswalks.
WAREHOUSING
The storing of goods, wares, and merchandise within an enclosed building, whether for the
owners or others. There is little on-site sales activity with the customer present. Uses include:
cold storage facilities (including frozen food lockers); distribution warehouses (used primarily for
temporary storage pending distribution in response to customer orders); storage warehouses
(used for storage by retail stores such as furniture and appliance stores); warehouse storerooms;
or similar uses.
Unified Development Ordinance | New Hanover County, NC 2-43
WATERCRAFT, SMALL
A vessel or watercraft, generally smaller than boats as herein defined, that floats on or operates
on the water, regardless of the means of propulsion, which is usually stored at a residence rather
than a marina, is not permanently stored in the water, and is not generally launched from a trailer.
Examples are canoes, kayaks, rowboats, paddleboards, rowing sculls, and sailboats shorter than
14 ft. in length, such as Sunfish®. Excluded from this definition are rafts, surfboards, boogie
boards, towable tubes, and the like, which are not regulated by this ordinance. [09-08-2020]
WATER ORIENTED PARKING
A designated docking space provided by a commercial establishment for the express use of its
customers. Water-oriented parking shall only be allowed in conjunction with commercial
establishments that are located on navigable waters.
WATER SUPPLY WATERSHED
The entire land area that contributes to surface drainage and other runoff into a surface water
supply.
WATER TRANSPORTATION FACILITIES
A facility for passengers to enter or exit a ship, ferry, cruise ship, or boat that is utilized for the
movement of passengers through or across a body of water.
WAYFINDING SIGN
A sign of which the message is exclusively limited to guiding the circulation of and providing
direction for motorists or pedestrians within the site.
WHOLESALE NURSERY
A facility or area for the growing, displaying, and sale of plant stock, seeds, or other horticulture
items. This may include raising plants outdoors or in greenhouses for sale either as food or for
use in landscaping and retail sales.
WHOLESALING
Uses engaged in the wholesale sales, bulk storage, and distribution of goods. Such uses may
also include incidental retail sales. Wholesale showrooms are also included in this use category.
WHOLESALING SEAFOOD WITH WATER FRONTAGE
Uses fronting a water way and engaging in the wholesale sales, bulk storage, and distribution of
seafood.
WIND DEVICE
Any flag, banner, balloon, pennant, streamer, or similar device that moves freely in the wind. All
wind devices are considered to be signs and are regulated and classified as attached or detached
by the same regulations as other signs.
WIND ENERGY COLLECTION FACILITY, ACCESSORY
An alternate energy device which converts wind energy by means of a rotor to mechanical or
electrical energy to serve the energy needs of the principal use of the property on which the
collection facility is located. A wind generator may also be deemed a windmill. A wind energy
collection facility intended to serve the energy needs of a use or uses beyond the property on
which the collection facility is located shall constitute an “Electricity Generating Facilities” principal
use. [11-16-2020]
WINDOW SIGN
See “Sign, Window”.
2-44 New Hanover County, NC | Unified Development Ordinance
WIRELESS FACILITY
Equipment at a fixed location that enables wireless communications between user equipment and
a communications network, including (i) equipment associated with wireless communications and
(ii) radio transceivers, antennas, wires, coaxial or fiber-optic cable, regular and backup power
supplies, and comparable equipment, regardless of technological configuration. The term
includes small wireless facilities. The term does not include any of the following: a. The structure
or improvements on, under, within, or adjacent to which the equipment is collocated. b. Wireline
backhaul facilities. c. Coaxial or fiber-optic cable that is between wireless structures or utility poles
or city utility poles or that is otherwise not immediately adjacent to or directly associated with a
particular antenna. [09-08-2020]
WIRELESS SUPPORT STRUCTURE
A new or existing structure, such as a monopole, lattice tower, or guyed tower that is designed to
support or capable of supporting wireless facilities. A utility pole is not a wireless support
structure. [09-08-2020]
ZONING MAP AMENDMENT OR REZONING
An amendment to the Official Zoning Map for the purpose of changing the zoning district that is
applied to a specified property or properties. The term also includes the application of an overlay
zoning district or a conditional zoning district. The term does not include updating the zoning map
to incorporate amendments to the names of zoning districts made by zoning text amendments
where there are no changes in the boundaries of the zoning district or land uses permitted in the
district. [05-03-2021]
Unified Development Ordinance | New Hanover County, NC 3-1
Article 3: Zoning Districts
Section 3.1. General
3.1.1. ZONING MAP AND INTERPRETATION
A. Official Zoning Map
The planning jurisdiction of New Hanover County is divided into zones, or districts,
as described in this UDO and shown on the Official Zoning District Map. The Official
Zoning District Map is adopted by reference into this UDO. The most current Official
Zoning District Map shall be maintained by the Planning and Land Use Department
in digital or printed records and is available for view on the New Hanover County
website. The Official Zoning District Map shall be the final authority as to the current
zoning status of land and water areas, buildings, and other structures in the County.
B. Maintenance and Replacement of Official Zoning Map
The Official Zoning District Map shall be maintained and periodically updated by the
Planning and Land Use Department when district changes are approved in
accordance with procedures set forth in Article 10: Administrative Procedures.
Updates shall be produced in conjunction with Amendments to the Official Zoning
District map (see Section 10.3.2, Zoning Map Amendment, Section 10.3.3,
Conditional Zoning, and Section 10.3.4, Master Planned Development), or to correct
documented errors or omissions. The date of the most recent update shall be
identified on the public version of the Official Zoning District Map. All available
records pertaining to its adoption or amendment shall be preserved according to the
County’s standard archiving procedures.
C. Rules for Interpretation of District Boundaries
Where uncertainty exists as to the boundaries of zoning districts as shown on the
Official Zoning Distrait Map, the following rules shall apply:
1. Boundaries indicated as approximately following a street, alley, waterway,
or right-of-way shall be construed to be in the center of the street, alley,
waterway, or right-of-way, excepting water bodies not zoned by the
adjacent jurisdiction;
2. Boundaries indicated as approximately following the center lines of streets
or highways shall be construed to follow such center lines;
3. Boundaries indicated as approximately following the right-of-way of streets
or highways shall be construed as following such rights-of-way;
4. Boundaries indicated as approximately following the platted lot lines shall
be construed as following such lot lines;
5. Boundaries indicated as approximately following the County boundary shall
be construed as following such County boundary;
6. Boundaries indicated as approximately following town limits shall be
construed as following such town limits;
3-2 New Hanover County, NC | Unified Development Ordinance
7. Boundaries indicated as following railroad lines shall be construed to be
midway between the main tracks;
8. All areas within the jurisdiction of the County that are under water and are
not shown as included within any district shall be considered to be included
in the district immediately adjoining the water area and subject to all its
regulations. If the water area adjoins two or more districts, the boundaries
in each district shall be construed to extend into the water in a straight line
until they meet the boundaries of another district or the jurisdictional limit;
9. Where physical or cultural features existing on the ground are at variance
with those shown on the Official Zoning District Map, or in other
circumstances not covered by subsection 1 through 8 above, the Board of
Adjustment shall interpret the district boundaries consistent with the intent
of the district or standards in question, and adopted plans or policies of the
County.
3.1.2. ESTABLISHMENT OF ZONING DISTRICTS
A. Zoning Districts
For the purposes of this UDO, portions of unincorporated New Hanover County are
hereby divided into the zoning districts identified in Table 3.1.2.A: Zoning Districts.
Unified Development Ordinance | New Hanover County, NC 3-3
[05-03-2021]
3.1.3. SUPERSEDING DIMENSIONAL STANDARDS
Dimensional standards for each zoning district are in tabular format in this article.
Notes within each table provide additional details where necessary, and rules for
measuring dimensional standards are in Section 2.1, Measurements. The
dimensional standards in this article apply generally, but may be superseded by other
standards in this Ordinance, including but not limited to the standards identified in
this section.
A. Use-Specific Standards
Superseding dimensional standards are set forth for some uses in Article 1:
3-2 New Hanover County, NC | Unified Development Ordinance
Unified Development Ordinance | New Hanover County, NC 3-1
Uses and Use-Specific Standards.
B. Structural Appurtenances or Utility Structures
The height limitations contained in the table of dimensional standards for each
zoning district do not apply to antennas, water tanks, ventilators, chimneys, or other
appurtenances, which are usually required to be placed above the roof level and not
intended for human occupancy, or utility structures such as utility poles and water
towers. [10-03-2022]
C. Additional Standards in Certain Districts When Adjacent to Residential
Properties
[11-16-2020] [11-01-2021]
1. Table 3.1.3.C.1: Interior Side and Rear Setbacks from Residential Properties,
establishes the setback requirements for structures in the B-1, CB, B-2, O&I,
AC, I-1, and I-2 districts from lot lines shared with abutting single-family or
duplex residential uses and/or platted lots located within a general residential
zoning district (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5). The setbacks
in Table 3.1.3.C.1 may be reduced in the AC, I-1, and I-2 Districts in
accordance with Section 5.4.3, Transitional Buffer Standards, but may not be
reduced below the absolute minimum setback specified in Table 3.1.3.C.1 (by
use of the language “in no case less than”).
[11-16-2020] [11-01-2021]
2. Table 3.1.3.C.2: Additional Standards for Taller Structures, establishes options
for mitigation of taller structures required for lot lines shared with adjacent
general residential (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5) districts for
structure heights indicated in the district’s dimensional standards. Setbacks or
stepbacks shall be measured from the shared property line unless the two
parcels are separated by open space associated with the adjacent residential
subdivision. In such instances, the setback or stepback shall be measured
from the residential property line.
3-2 New Hanover County, NC | Unified Development Ordinance
•
•
•
•
•
•
•
•
•
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* Excluding lots with multi-family dwellings. [11-01-2021]
Unified Development Ordinance | New Hanover County, NC 3-3
D. Performance Residential Development
Performance Residential Developments are not subject to the minimum lot size,
minimum lot width, and front, rear, and side setback requirements in the zoning
district where they are located. Performance Residential Developments shall comply
with the standards in this section and with all other applicable standards in this
Ordinance.
1. Setbacks and Spacing
a. Buildings on the periphery of a Performance Residential Development
shall setback a minimum of 20 feet from the adjoining property line.
b. In the Residential Multi-family (RMF) districts, the minimum setback
from adjoining property lines shared with abutting single-family or
duplex residential uses and/or platted lots located within a general
residential (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5) zoning
district will be 30 feet for any multi-family or nonresidential structure
over 2 stories in height. [11-01-2021]
c. Multi-family dwelling units shall be spaced a minimum of 20 feet from
any part of another dwelling unit. All other dwelling types shall be
spaced a minimum of 10 feet from each other. [11-16-2020, 10-03-2022]
2. Density
a. In calculating the density for a proposed Performance Residential
Development, the areas in subsections 1 and 2 shall first be subtracted
from the gross area of land to be committed to development. In lieu of
subtracting Dorovan, Johnston, and Pamlico soils, the developer may
choose to preserve 100 percent of such areas as conservation space
in accordance with Section 5.7, Conservation Resources:
1. All natural lakes, ponds, rivers, or marshes; and,
2. All areas of Class IV soils as defined in A Classification of Soils in
New Hanover County for Septic Tank Suitability. All calculations
shall be rounded to the nearest whole unit.
b. The density of clustered residential units shall not exceed 2.5 units per
net tract acre in areas classified Rural Residential place type,
Conservation place type, AE or VE special flood hazard areas, or
CAMA Estuarine Areas of Environmental Concern, except in the areas
of the site outside of the AE or VE special flood hazard areas or CAMA
Estuarine Areas of Environmental Concern, provided:
1. The number of units in the AE or VE special flood hazard areas or
CAMA Estuarine Areas of Environmental Concern shall be reduced
by an equal amount;
2. No areas designated as AE or VE special flood hazard areas,
CAMA Estuarine Areas of Environmental Concern, Rural
Residential place type, or Conservation place type shall have a
residential density that exceeds 2.5 units per acre; and
3. The overall density of the project shall not exceed the limits
specified in the respective residential zoning districts.
3-4 New Hanover County, NC | Unified Development Ordinance
c. The density of clustered residential units shall not exceed 2.5 units per
net tract acre in areas classified Conservation, Rural, or Resource
Protection in the Wilmington - New Hanover Land-Use Plan, except in
Resource Protection or Rural areas, provided:
1. The number of units in the Conservation area shall be reduced by
an equal amount;
2. No portion of the project classified conservation shall have a
residential density that exceeds 2.5 units per acre;
3. The overall density of the project shall not exceed the limits
specified in the respective residential zoning districts.
d. For the purposes of subsection c above, the conservation area shall
include all lands following their natural topography that are at or below
the 100 year flood elevation as shown on the Flood Insurance Rate
Map and upland of any marsh line.
e. Any land designated as open space may be used in calculating the
density for a proposed development subject to the provisions of Section
5.8: Open Space Requirements.
3. Drainage Plan
A drainage plan pursuant to Section 6.3.3.E, Surface Water Drainage, shall
be submitted to the County Engineer for approval.
4. Water and Sewage Disposal
Water supply and sewage disposal facilities shall be approved by the
County and appropriate local or state agency in accordance with Section
6.3.3.C, Sewage Disposal and Water Supply.
5. Open Space
Open space set-aside provisions are outlined in Section 5.8, Open Space
Requirements. [11-16-2020]
6. Private Streets
Private streets will be permitted in Performance Residential Developments;
however, dedication of public streets and utility easements may be required
if such are indicated on the official plans as adopted by New Hanover
County or any municipality therein or if it is determined by the County
Planning Board that such public streets or easements are necessary.
7. Homeowners Association
A homeowners association meeting the following requirements shall be
established:
a. When a plat or map is to be recorded, the maps or plat shall contain a
Certificate indicating the book and page number of the homeowners
association covenants, conditions and restrictions;
b. Responsibilities for maintenance of private streets, open space,
recreation facilities, and other common areas shall be specified;
Unified Development Ordinance | New Hanover County, NC 3-5
c. Responsibilities for exterior maintenance of attached dwelling units
shall be specified; and
d. The Association shall be authorized to rebuild damaged or destroyed
portions of structures containing attached dwelling units when the
individual owner fails to do so.
8. Performance Residential Development Approval
[05-03-2021]
a. An application for a Performance Residential Development shall be
submitted and reviewed as a major subdivision application in
accordance with Section 10.3.7, Subdivision, provided, an applicant
may submit a major site plan application in accordance with Section
10.3.6, Site Plan, prior to submittal of a preliminary plan application in
accordance with subsection 2 below.
b. If the proposed Performance Residential Development includes more
than 150 dwelling units, the applicant may seek approval of a major site
plan in accordance with Section 10.3.6, Site Plan, as modified by
subsections a through c below, prior to submittal of a preliminary plan
application.
1. The applicant shall include a statement in the application that the
applicant seeks a vested right in accordance with N.C.G.S. § 160D-
108.
2. The TRC shall review the major site plan application and make a
recommendation to the Planning Board based on 10.3.6.F, Site
Plan Review Standards.
3. The Planning Board shall provide notice for and conduct a public
hearing on the requested vested right in accordance with the
requirements in N.C.G.S. § 160D-108.1, and shall make a decision
on the application in accordance with 10.3.6.F, Site Plan Review
Standards. [05-03-2021]
c. If the Planning Board approves a major site plan in accordance with
subsection b above, a vested right shall be established which shall
confer upon the applicant the right to develop the total number of
dwelling units approved, and the general type (single-family detached
or attached, townhouses, apartments, patio homes, etc.) of units
approved, in accordance with the approved site plan, for a period of five
years. The following shall not vest, but shall be presumed to be valid in
the review of subsequent preliminary plan applications, subject to
engineering and environmental considerations:
1. The location of collector roads;
2. The general location and density of the various types of dwellings.
d. Revisions for Performance Residential developments shall be reviewed
the same as an original submittal. Such revisions shall be limited to
those areas still owned by the developer. Density calculations shall not
include land areas already platted and/or sold.
3-6 New Hanover County, NC | Unified Development Ordinance
E. Additional Dwelling Allowance
Development is permitted up to the maximum densities set forth in Section 3.1.3.E.1,
Site Capacity, subject to approval of a special use permit in the R-20, R-15, R-10,
and O&I districts, and in a Planned Development (PD) District in accordance with
the applicable MPD Master Plan and MPD Terms and Conditions document,
provided the development complies with the standards in this section (3.1.3.E).
1. Site Capacity
a. Site capacity for any proposed additional dwelling allowance is equal to
the base site area multiplied by the density factor outlined below. The
purpose of this section is to determine the extent to which a site may
be used given its location and physical characteristics.
b. Base site area shall be determined by subtracting the acreage of the
following features from the gross site area as determined by an actual
on-site survey of the parcel:
1. Water bodies and other areas below mean high water line, if tidally
influenced, or below mean water line, if non-tidally influenced;
2. Land used as open space in prior residential development(s); and
3. Land used for commercial, office and institutional, and light
industrial purposes in a PD district.
c. The maximum number of dwelling units that may be built shall be
determined by multiplying the base site area by the appropriate density
factor in Table
d. Residential units shall not be clustered at a density greater than 2.5
units per base site acre in the AE or VE special flood hazard areas or
CAMA Estuarine Areas of Environmental Concern.
2. Location and Access
a. Developments allowed an additional dwelling allowance shall be
located on a parcel of land that is either totally or primarily in,
contiguous to, or within 250 feet of, the boundary of areas classified as
Employment Center, Urban Mixed Use, or Community Mixed Use place
types in the Comprehensive Plan.
Unified Development Ordinance | New Hanover County, NC 3-7
b. The development shall have direct access to and from an existing major
or minor arterial as indicated on the most recent officially adopted
Wilmington MPO Functional Classification Map. This direct access
requirement will be satisfied if:
1. One or more property boundary lines is contiguous with and utilizes
access to and from an existing major or minor arterial; or
2. The development accesses an existing major or minor arterial
roadway by a NCDOT-maintained public street, or by a private
street designed and constructed in accordance with the County’s
minimum standards for a collector road. [05-03-2021]
c. All interior drives shall be designed so as to provide adequate access
for emergency service vehicles.
3. Required Open Space and Improved Recreational Land
[11-16-2020]
a. Minimum Requirements
1. Table 3.1.3.E.3.a.1: Required Minimum Open Space, establishes
the minimum amounts of the gross site area that shall be set aside
as open in accordance with the standards of Section 5.8, Open
Space Requirements.
[11-16-2020]
2. If the development shall consist of detached single family units on
subdivided lots no less than 6,000 square feet, however, the above
minimum amounts for open space or improved recreational land
may be reduced by one-half.
4. District Improvement Requirements
Minimum improvements set forth in Table 3.1.3.E.4: Required Minimum
District Improvements, shall be required to be constructed in accordance
with the standards set by the county or appropriate local or state agency.
3-8 New Hanover County, NC | Unified Development Ordinance
5. Setbacks
a. The required minimum setback for developments with an Additional
Dwelling Allowance shall not be less than 25 feet.
b. When such projects are located and adjacent to any existing detached
residential development (not including Mobile Home Parks, other
developments with an Additional Dwelling Allowance or High Density
Development special use permit, or General Planned Development
districts), structures over 25 feet in height shall be setback a distance
equal to the height of the structure.
c. Multi-family dwelling units shall be spaced a minimum of 20 feet from
any part of another dwelling unit. All other dwelling units shall be spaced
a minimum of 10 feet from each other. [11-16-2020]
6. Other Development Standards
a. Buffer strips shall be required in accordance with Section 5.4,
Landscaping and Buffering.
b. Parking shall be provided in accordance with Section 5.1, Parking and
Loading.
c. Signs shall be in accordance with Section 5.6, Signs.
d. Sewage disposal facilities shall be in accordance with the requirements
for utility lines and facilities outlined in Section 4.3.3.I, Utilities.
7. Homeowners Association
A homeowners association meeting the following requirements shall be
established:
a. When a plat or map is to be recorded, the maps or plat shall contain a
Certificate indicating the book and page number of the homeowners
association covenants, conditions and restrictions;
b. Responsibilities for maintenance of private streets, open space,
recreation facilities, and other common areas shall be specified;
c. Responsibilities for exterior maintenance of attached dwelling units
shall be specified; and
d. The Association shall be authorized to rebuild damaged or destroyed
portions of structures containing attached dwelling units when the
individual owner fails to do so.
Unified Development Ordinance | New Hanover County, NC 3-9
8. Submittal and Review Requirements
a. When a development proposal is submitted under this section, it 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. The Technical Review Committee shall review
such plans in addition to board approval of the special use permit.
b. A site plan conforming to the requirements of Section 10.3.6, Site Plan,
shall be submitted and shall include the approximate delineation of
Corps of Engineers Section 404 and Section 10 wetlands.
c. A drainage plan pursuant to Article 6: Subdivision Design and
Improvements, and the County’s Stormwater Management Ordinance
shall be submitted.
d. Revisions for development plans with an Additional Dwelling Allowance
shall be reviewed the same as an original submittal in accordance with
the site plan requirements. Such revisions shall be limited to those
areas still owned by the developer. Density calculations shall not
include land areas already platted and/or sold.
F. Special Density Exception for Pre-Existing Utility Parcels
a. This exception applies in all residential districts.
b. For parcels within older subdivisions where water, septic or other
utilities were provided privately in the original development, and where
public services are now available to free those utility parcels from their
original purposes, a special exception may allow for the development
of those parcels formerly dedicated to a community service other than
recreation. All of the following conditions and limitations must be in
evidence in order to be granted a special exception under this section:
1. The major residential subdivision must have been approved and the
final plat recorded prior to July 7, 2002;
2. One or more of the parcels on the recorded final plat was
designated for private well site(s), communal septic drain field(s),
or other utility parcel necessary to serve the original subdivision and
the acreage of the parcel was included in calculating the allowable
density for the subdivision;
3. The parcel meets the minimum requirements of this ordinance; and
4. The accommodation of those services or utilities has been
otherwise met by public providers since the subdivision was
developed.
c. If all the conditions and limitations listed above are met, the former utility
parcel(s) may be converted to building lot(s) within the subdivision
subject to the following requirements:
1. The density approved for the original subdivision may not be
increased by special exception more than a total of three additional
dwelling units in any eligible subdivision.
3-10 New Hanover County, NC | Unified Development Ordinance
2. Utility parcels shown on the final subdivision plat during the period
of eligibility may not be further divided for the purposes of adding
dwelling units.
3. Public water and sewer services must be readily available to serve
the entire subdivision.
4. Each lot must front on a dedicated street right-of-way.
5. No part of any parcel considered for special exception shall have
been designated open space or recreational space for the approved
subdivision which they served.
6. Development of any lot subject to this exception must be of a
character consistent with the scale and design of pre-existing
development in the neighborhood.
7. All lots are subject to conservation resources regulations and may
be ineligible for this special exception based upon inability to meet
those standards.
d. Special exceptions are not allowed in the following situations:
1. Any subdivision for which the courts have established a specified
density.
2. Parcels located in a special flood hazard area.
3. When development of new lot(s) is inconsistent with the
Comprehensive Plan.
e. Approval of a special density exception shall be an administrative
decision made in conformance with the standards outlined in Section
10.3.8: Zoning Compliance Approval.
G. Special Purpose Utility Lots
Special purpose utility lots that do not meet the minimum district dimensional
standards may be approved by the Planning Director, or other applicable approval
authority, under the following circumstances:
1. The use of the Special Purpose Utility Lot shall be limited to the following
uses as defined in this ordinance: Electric Substation; Communications and
Infrastructure uses; and General Utility Lines, Structures, and/or Facilities.
2. The use is allowed in the zoning district subject to the principal use
permissions of Table 4.2.1: Principal Use Table.
3. The use meets any applicable use-specific and general development
standards required by this ordinance and all other applicable codes. [03-21-
2022]
Unified Development Ordinance | New Hanover County, NC 3-11
Section 3.2. Residential Zoning Districts
3.2.1. INTENT
The residential zoning districts are intended to:
A. Provide appropriately located areas for residential development that are consistent
with the adopted New Hanover County Comprehensive Plan and with the public
health, safety, and general welfare;
B. Ensure adequate light, air, and privacy for all dwelling units;
C. Protect the scale and character of existing residential neighborhoods and the
community; and
D. Establish standards and dimensions for the creation of a variety of housing types;
E. Protect residential districts from flooding and other adverse environmental impacts;
F. Provide for the public services and facilities needed to serve residential development;
G. Provide for safe and efficient vehicular and pedestrian access and circulation.
3.2.2. ESTABLISHED RESIDENTIAL ZONING DISTRICTS
The residential base zoning districts established by this UDO are identified in Table 3.2.2:
Established Residential Zoning Districts
3-12 New Hanover County, NC | Unified Development Ordinance
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 visibly inoperative, wrecked, or dismantled boat outside of an
enclosed accessory structure in any residential district. [10-03-2022]
B. Non-Residential Off-Street Parking
Non-residential off-street parking shall be permitted in residential districts provided
with a special use permit issued in accordance with Section 10.3.5: Special Use
Permit:
a. The sites shall be used solely for ground level parking in conjunction
with the principal use as opposed to paid parking lots, loading facilities,
etc.
b. Access to the site shall be limited through the principal use site, shall
be prohibited through residential areas, and shall be placed within the
common boundary with the principal use.
c. The site shall be adjacent to the principal use site for at least a minimum
distance of 25 feet.
d. No point of the proposed parking site shall be further than 200 feet from
any and all points of the non-residential zoning district boundary, not
including any intervening street right-of-way.
e. The site shall be located no closer than 50 feet from any street right-of-
way other than that to which the principal use is adjacent.
f. The site shall be located within the same parcel or group of parcels
under the same ownership as the principal use.
g. A minimum buffer of 10 feet shall be provided in accordance with
provisions of Section 5.4.3: Transitional Buffer.
h. Lighting requirements, as outlined for non-residential uses, outlined in
Section 5.5: Exterior Lighting, shall be met.
3-14 New Hanover County, NC | Unified Development Ordinance
Unified Development Ordinance | New Hanover County, NC 3-15
3.2.5. RURAL AGRICULTURAL (RA) DISTRICT
A. Purpose
The purpose of the Rural Agricultural (RA) District is to:
• Allow very low density single family residential development that is compatible in scale and
character to rural and agricultural settings;
• Encourage rural farming activities and the preservation of open space; and
• Preserve the rural areas and development patterns of New Hanover County through the
continued review of the impact of proposed development.
The district is designed to promote exurban, low density residential development not requiring public
infrastructure or services while maintaining prime farm land and a rural lifestyle.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
3-16 New Hanover County, NC | Unified Development Ordinance
D. District Dimensional Standards [11-16-2020]
Standard All Uses
Lot area, minimum (square feet)* 30,000
1 Lot width, minimum (feet)* 115
2 Front setback (feet)* 40
3 Side setback, street (feet)* 30
4 Side setback, interior (feet)* 20
5 Rear setback (feet)* 30
Density, maximum (dwelling units/acre)** 1
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
4
4
5
5
2
2
3
1
1
Unified Development Ordinance | New Hanover County, NC 3-17
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-18 New Hanover County, NC | Unified Development Ordinance
3.2.6. AIRPORT RESIDENTIAL (AR) DISTRICT
A. Purpose
The Airport Residential (AR) District is established for the purpose of limiting the development of land
within the vicinity of Wilmington International Airport to low density residential development. In
promoting the general purpose of this district, its specific intent is to:
• Minimize airport hazards by limiting dense residential development;
• Prohibit the development of places of assembly such as schools, hospitals, rest homes or
other uses that tend to concentrate large numbers of people;
• Promote the health, safety, and general welfare of County residents by preventing the
establishment of hazards to airport activities by safeguarding the lives and property of both
the users of the airport and nearby residents; and
• Prevent destruction or impairment of the utility of the airport and the public’s investment in it.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-16-2020]
Standard All Uses
Lot area, minimum (square feet) 43,560
1 Lot width, minimum (feet) 100
2 Front setback (feet) 25
3 Side setback, street (feet) 30
4 Side setback, interior (feet) 20
5 Rear setback (feet) 30
6 Building height, maximum (feet)* 40
* Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet. All structures are subject to the height limits specified in Section 5.10, Airport Height
Restriction.
4
5
Unified Development Ordinance | New Hanover County, NC 3-19
E. Other District Standards
1. Lighting
a. Any pulsating, flashing, rotating, oscillating, or other type of light
intended as an attention-getting device shall be expressly prohibited.
b. Flood lights, spot lights, or other lighting devices shall be arranged or
shielded so as not to cast illumination in an upward direction above an
imaginary line extended from the light source parallel to the ground.
2. Radio and Electronic
a. Any radio or electronic device shall be permitted only in conjunction
with a valid license or other authorization as may be issued by the
Federal Communications Commission (FCC).
b. Any radio or electronic device, the operation of which would violate any
rules or regulations of the FCC is prohibited.
3. Visual Hazards
Any operation or use that emits smoke, dust, or creates glare or other visual
hazards is prohibited
3
1
1
3-20 New Hanover County, NC | Unified Development Ordinance
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3.2.7. RESIDENTIAL 20S (R-20S)
A. Purpose
The purpose of the R-20S Residential (R-20S) District is provide lands to accommodate primarily
very low density single-family development. The intent of the district regulations are to allow
development that is compatible with the preservation of the district’s very low density single-family
character, while accommodating residential opportunities for those who desire an exurban, low-
density lifestyle. District residents should be willing to assume the costs of providing many of their
own services and amenities while maximizing the protection of resources and the conservation of
open space.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-16-2020]
Standard All Uses
Lot area, minimum (square feet) 20,000
1 Lot width, minimum (feet) 90
2 Front setback (feet) 30
3 Side setback, street (feet) 22.5
Unified Development Ordinance | New Hanover County, NC 3-21
4 Side setback, interior (feet) 15
5 Rear setback (feet) 25
Building height, maximum (feet)* 40
* Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4
4
5
5
2
2
3
1
1
3-22 New Hanover County, NC | Unified Development Ordinance
3.2.8. RESIDENTIAL 20 (R-20) DISTRICT
A. Purpose
The purpose of the Residential-20 (R-20) District is provide lands that accommodate primarily very
low density residential development and recreational uses. District regulations discourage
development that substantially interferes with the quiet residential and recreational nature of the
district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-16-2020], [05-03-2021]
Standard Single Family Detached Duplex
Lot area, minimum (square feet)* 20,000 35,000
1 Lot width, minimum (feet)* 90 90
2 Front setback (feet)* 30 30
3 Side setback, street (feet)* 22.5 22.5
4 Side setback, interior (feet)* 15 15
5 Rear setback (feet)* 25 25
Density, maximum (dwelling units/acre)** 1.9
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
4
5
5
4
Unified Development Ordinance | New Hanover County, NC 3-23
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
3-24 New Hanover County, NC | Unified Development Ordinance
3.2.9. RESIDENTIAL 15 (R-15) DISTRICT
A. Purpose
The purpose of the Residential-15 (R-15) District is established to provide lands that accommodate
very low to low density residential development that can serve as a transition between very low
density residential development patterns and smaller lot, more dense residential areas of the County.
District regulations discourage development that substantially interferes with the quiet residential and
recreational nature of the district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-16-2020]
Standard Single Family
Detached Duplex
Lot area, minimum (square feet)* 15,000 25,000
1 Lot width, minimum (feet)* 80 80
2 Front setback (feet)* 25 25
3 Side setback, street (feet)* 15 15
4 Side setback, interior (feet)* 10 10
5 Rear setback (feet)* 20 20
Density, maximum (dwelling units/acre)** 2.5
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-25
E. Other District Standards
Any lot in any subdivision platted and recorded prior to May 3, 1976 shall not be more than ten percent
less than the minimum lot area and minimum lot width established within the R-15 district, provided
said lots are served by a community water system.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4 5
5 4
2
2
1
1 3
3-26 New Hanover County, NC | Unified Development Ordinance
3.2.10. RESIDENTIAL 10 (R-10) DISTRICT
A. Purpose
The purpose of the Residential-10 (R-10) District is to provide lands that accommodate new
residential neighborhoods and encourage the conservation of existing residential lots and
neighborhoods. Neighborhoods in the R-10 District are relatively low density in character and include
a limited mix of single family and duplex housing types. If public water is not available, the water
system infrastructure must be installed in accordance with County standards and connected when a
public supply becomes available. R-10 district lands may be established in proximity to neighborhood
or community commercial districts to encourage the establishment of walkable development
patterns.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards
Standard Single Family Detached Duplex
Lot area, minimum (square feet)* 10,000 15,000
1 Lot width, minimum (feet)* 70 70
2 Front yard, minimum (feet)* 25 25
3 Street side yard, minimum (feet)* 12.5 12.5
4 Interior side yard, minimum (feet)* 5 5
5 Rear yard, minimum (feet)* 20 20
Density, maximum (dwelling units/acre)** 3.3
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-27
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4
5
4
2
2
3
1
1
5
3-28 New Hanover County, NC | Unified Development Ordinance
3.2.11. RESIDENTIAL 7 (R-7) DISTRICT
A. Purpose
The purpose of the Residential-7 (R-7) District is to provide lands that accommodate moderate
density residential development with a range of housing types (and income levels, including quality
affordable housing), that are located walkable distances to jobs, shopping, and entertainment, and
where appropriate, serve as a transition between more intensive and lower density areas. Residential
development at the scale allowed in the district should support the efficient delivery of public services
and increase residents’ accessibility to employment, public transportation, and shopping.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-16-2020]
Standard All Uses
Lot area, minimum (square feet)* 7,000
1 Lot width, minimum (feet)* 50
2 Front setback (feet)* 25
3 Side setback, street (feet)* 12.5
4 Side setback, interior (feet)* 8
5 Rear setback (feet)* 20
Density, maximum (dwelling units/acre)** 6
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-29
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1 2
2 3
5
5
4
4
3-30 New Hanover County, NC | Unified Development Ordinance
3.2.12. RESIDENTIAL MODERATE-HIGH DENSITY (R-5) DISTRICT
A. Purpose
The purpose of the Residential Moderate-High Density (R-5) District is to provide lands that
accommodate moderate to high density residential development on smaller lots with a compact and
walkable development pattern. The R-5 district allows a range of housing types and can be
developed in conjunction with a non-residential district to create a vertical mixed-use development
pattern as well as serve as a transition between mixed-use or commercial development and low to
moderate density residential development.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-16-2020]
Standard Single Family
Detached Duplex Triplex Quadraplex
Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500
1 Lot width, minimum (feet)* 50
2 Front setback (feet)* 20
3 Side setback, street (feet)* 10.5
4 Side setback, interior (feet)* 7
5 Rear setback (feet)* 15
Density, maximum (dwelling units/acre)** 8
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-31
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
4
3-32 New Hanover County, NC | Unified Development Ordinance
3.2.13. RESIDENTIAL MULTI-FAMILY LOW DENSITY (RMF-L) DISTRICT
A. Purpose
The purpose of the Residential-Multi-Family Low Density (RMF-L) District is provide lands that
accommodate moderate density single family and low density multi-family development of varying
types and designs. The intent is that the RMF-L district will provide options for alternative housing
types near or in direct relationship to single-family detached development.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established in
Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-16-2020][11-01-2021]
Standard
Single
Family
Detached
Duplex Triplex Quadraplex Multi-Family
Lot area, minimum (square
feet)* 5,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 50 100
2 Front setback (feet)* 20 35
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 1 to 2 stories: 20
3 stories: 25
5 Rear setback (feet)* 15 1 to 2 stories: 25
3 stories: 30
Density, maximum (dwelling
units/acre) 10
Building height, maximum 3 stories
Additional height allowance
4 stories
See Section 3.1.3.C for standards when adjacent to residential
properties
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
Unified Development Ordinance | New Hanover County, NC 3-33
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
4
3-34 New Hanover County, NC | Unified Development Ordinance
3.2.14. RESIDENTIAL MULTI-FAMILY MODERATE DENSITY (RMF-M) DISTRICT
A. Purpose
The purpose of the Residential Multi-Family Moderate Density (RMF-M) District is to provide lands
that accommodate moderate density single-family and multi-family development. The intent of the
RMF-M district is to function as a transitional district between intensive nonresidential development
and higher density residential areas. The district is designed to provide a reasonable range of choice,
type, and location of housing units.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-16-2020][11-01-2021]
Standard
Single
Family Detache
d
Duplex Triplex Quadraplex Multi-Family
Lot area, minimum (square
feet)* 5,000 7,500 12,50
0 17,500 20,000
1 Lot width, minimum (feet)* 50 100
2 Front setback (feet)* 20 35
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 1 to 2 stories: 20
3 stories: 25
5 Rear setback (feet)* 15 1 to 2 stories: 25
3 stories: 30
Density, maximum (dwelling
units/acre) 17
Building height, maximum 3 stories
Additional height allowance
4 stories
See Section 3.1.3.C for standards when adjacent to
residential properties
Unified Development Ordinance | New Hanover County, NC 3-35
D. District Dimensional Standards [11-16-2020][11-01-2021]
Standard
Single
Family Detache
d
Duplex Triplex Quadraplex Multi-Family
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
4
3-36 New Hanover County, NC | Unified Development Ordinance
3.2.15. RESIDENTIAL MULTI-FAMILY MEDIUM-HIGH DENSITY (RMF-MH) DISTRICT
A. Purpose
The purpose of the Residential Multi-Family Medium High Density (RMF-MH) District is to
accommodate lands for medium to high density residential development of varying types and
designs, with emphasis on midrise structures, near suburban shopping centers and employment
centers. The district is intended to function as a transition between intensive nonresidential
development and lower density residential development.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
Unified Development Ordinance | New Hanover County, NC 3-37
D. District Dimensional Standards [11-16-2020][11-01-2021]
Standard
Single
Family Detached
Duple
x
Triple
x
Quadraple
x Multi-Family
Lot area, minimum (square
feet)* 4,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 40 90
2 Front setback (feet)* 15 30
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5
1 to 2 stories: 20
3 stories: 25
4 stories: 30
5 Rear setback (feet)* 15
1 to 2 stories: 25
3 stories: 30
4 stories: 35
Density, maximum (dwelling
units/acre) 25
Building height, maximum
4 stories
See Section 3.1.3.C for standards when adjacent to
residential properties
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
1
1
2
2
3
5
5
4
4
3-38 New Hanover County, NC | Unified Development Ordinance
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-40 New Hanover County, NC | Unified Development Ordinance
3.2.16. RESIDENTIAL MULTI-FAMILY HIGH DENSITY (RMF-H) DISTRICT
A. Purpose
The purpose of the Residential Multi-Family High Density (RMF-H) District is to provide lands for high
density residential development of varying types and designs, with emphasis on midrise and high-
rise structures. This district is designed to be located in close proximity to major population centers,
areas identified for targeted growth, employment centers, and destination nodes.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-16-2020][11-01-2021]
Standard Single Family Detached Duplex Triplex Quadraplex Multi-Family
Lot area, minimum (square
feet)* 3,000 6,000 9,000 12,000 15,000
1 Lot width, minimum (feet)* 40 80
2 Front setback (feet)* 15 30
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5
1 to 2 stories:
20
3 stories: 25
4 stories: 30
5 Rear setback (feet)* 15
1 to 2 stories:
25
3 stories: 30
4 stories: 35
Density (maximum dwelling
units/acre) 36
Building height, maximum
4 stories
See Section 3.1.3.C for standards when adjacent to residential
properties
Unified Development Ordinance | New Hanover County, NC 3-41
D. District Dimensional Standards [11-16-2020][11-01-2021]
Standard Single Family
Detached
Duple
x
Triple
x
Quadraple
x Multi-Family
Additional height allowance,
maximum
5 stories when approved as part of a conditional zoning district
See Section 3.1.3.C for standards when adjacent to residential
properties
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
4
Unified Development Ordinance | New Hanover County, NC 3-43
Section 3.3. Mixed Use Zoning Districts
3.3.1. INTENT
The mixed use zoning districts are intended to:
A. Implement the range of mixed-use development patterns recommended in the New
Hanover County Comprehensive Plan;
B. Concentrate higher intensity commercial and office employment growth efficiently in
and around the centers of community activity, provide accessibility, and maximize
public infrastructure investment;
C. Encourage mixed use redevelopment, conversion, and reuse of aging and
underutilized areas and increase the efficient use of land in the unincorporated
County;
D. Promote higher density residential development near and within traditional main
street corridors and growth nodes identified for the unincorporated County;
E. Encourage the creation of public and civic spaces for the use and enjoyment of
County residents and visitors; and
F. Support the development of complete communities where residents are able to
conveniently access basic goods and services, civic and cultural resources, and
recreational opportunities.
3.3.2. ESTABLISHED MIXED USE ZONING DISTRICTS
The mixed use zoning districts established by this UDO are identified in Table 3.4.2:
Established Mixed Use Zoning Districts.
3.3.3. GENERAL REQUIREMENTS FOR MIXED USE ZONING DISTRICTS
The requirements in this section (3.3.3) apply to all mixed use zoning districts.
A. MPD Master Plan
As set forth in Section 10.3.4, Master Planned Development, an MPD Master Plan
is a required component in the establishment of a planned development district. The
MPD Master Plan shall depict the general configuration and relationship of the
principal elements of the proposed development, including uses, general building
types, density/intensity, resource protection, pedestrian and vehicular circulation,
open space, public facilities, and phasing. Specific requirements for MPD Master
Plans and any required accompanying information are set forth for each Mixed Use
zoning district in the Administrative Manual.
3-44 New Hanover County, NC | Unified Development Ordinance
B. MPD Terms and Conditions Document
As set forth in Section 10.3.4, Master Planned Development, an MPD Terms and
Conditions document is a required component in the establishment of a planned
development district. The MPD Terms and Conditions document shall incorporate
by reference or include, but not be limited to:
1. Conditions related to approval of the application for the planned
development zoning district classification;
2. The MPD Master Plan, including any density/intensity standards,
dimensional standards, and development standards established in the
MPD Master Plan;
3. Conditions related to the approval of the MPD Master Plan, including any
conditions related to the form and design of development shown in the
MPD Master Plan;
4. Provisions addressing how transportation, potable water, wastewater,
stormwater management, and other infrastructure will be provided to
accommodate the proposed development;
5. Provisions related to environmental protection and monitoring; and
6. Any other provisions the Board of Commissioners determines are relevant
and necessary to the development of the planned development in
accordance with applicable standards and regulations.
3-46 New Hanover County, NC | Unified Development Ordinance
3.3.4. URBAN MIXED USE ZONING (UMXZ)
A. Purpose
The Urban Mixed Use Zoning (UMXZ) District is established to meet the following five primary
objectives in the areas of New Hanover County in proximity to the City of Wilmington and those
intended for urban or community scale mixed use development:
• To encourage the efficient mixed use development pattern envisioned in the Comprehensive
Plan;
• To result in quality design and a variety of built forms of lasting value that result in a
pedestrian scale;
• To provide a mix of housing options;
• To promote and enhance transportation options, particularly those that are pedestrian-
oriented, while reducing demand for automobile trips; and
• To encourage a mix of uses to foster a sense of community.
The district regulations include design elements intended to enhance the urban form, increase
neighborhood safety, and add flexibility for small lots. Integrated mix of uses on development sites
and within individual buildings is encouraged. UMXZ zoning is intended to promote mixed-use
developments on sites large enough to create a mix of uses within the existing suburban
environment. Typically, these developments will include creative development and redevelopment
solutions.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table.. All UMXZ projects shall include a mix
of both residential and nonresidential uses.
Unified Development Ordinance | New Hanover County, NC 3-47
D. District Dimensional Standards [11-01-2021]
Standard All Uses
Minimum district size (acres) 5*
Setbacks
Minimum distance from single family
residential zoning districts
35 feet for buildings ≤ 35 feet in height
45 feet for buildings > 35 feet in height
1 Maximum distance from any street
(feet) 10**
Maximum single family residential
density (dwelling units/acre) 15
Maximum multi-family residential
density (dwelling units/acre) 25
Maximum vertically integrated mixed-
use building density (dwelling
units/acre)
36
Building height, maximum Established in MPD Master Plan in accordance with
Section 3.3.3.A, MPD Master Plan
*5 acres shall be contiguous or separated only by an easement, right-of-way, or street. [10-03-2022]
**Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement
where an existing easement or significant natural feature exists.
1
1
1
3-48 New Hanover County, NC | Unified Development Ordinance
E. Reference to Other Standards
1. Utility and Equipment Screening
a. HVAC equipment, air conditioning window units, and other electrical
equipment, and fire escapes shall not be located on facades with street
frontage. All such equipment shall be placed in the interior yards or
inset into the roof pitch, or behind a parapet wall in the case of a flat
roof, of the building and screened from the right-of-way.
b. Through-wall mechanical units are permitted on any façade if they are
incorporated into the design of the building, flush with the façade on
which they are located, concealed by a vent cover, and have an internal
drip system for condensation.
c. Utility meters, transformers, and fixed trash disposal receptacles that
cannot be located out of sign shall be screened from the public right-of-
way by plantings or opaque fencing.
d. The TRC may approve alterations to these standards in cases where
they cannot be met due to design consideration of the structure and the
intent of visual minimization of the feature is otherwise addressed.
2. Site Lighting
All site lighting shall be located, angled, shielded, and/or limited in intensity
so as to case no direct light upon adjacent properties, shall minimize off-
site backlighting glare, and up-lighting. Light posts shall be no taller than
12 feet.
3. Parking and Driveway Requirements
a. Parking shall be provided in accordance with the requirements of
Section 5.1: Parking and Loading, though shared parking may be
allowed upon submittal of a parking study showing how parking as
provided will be sufficient for permitted uses.
b. Surface parking shall be located to the side or rear of buildings or in the
interior of a block and shall be prohibited in front of buildings. Surface
parking shall not be located along rights-of-way, except for alleys. The
TRC may approve alterations to this standard in cases where locating
parking to the side or rear is limited by existing site features, such as
trees, or when this requirement is not consistent with the existing
frontage pattern along the roadway.
c. Surface parking lots visible from the public right-of-way shall be
screened by permanent walks, shrubbery, or hedges at least 3 feet in
height. If hedges or shrubbery are used, they shall be at 3 feet in height
at the time of planting and shall be maintained at 3-5 feet in height at
all times.
d. Parking shall be accessed via alleyways wherever possible.
e. The design of all above-grade parking structures shall relate to the
context of the area. Exterior walls of parking structures shall be
designed with materials, colors, and architectural articulation in a
Unified Development Ordinance | New Hanover County, NC 3-49
manner that provides a visual compatibility with adjacent buildings and
environment.
f. Pervious pavement materials, vegetated bio-infiltration parking lot
islands, or infiltration systems shall be used to minimize pollutant run-
off from surface parking areas to the extent that soil permeability, depth
to groundwater, or site constraints allow.
4. Multi-Modal Transportation Opportunities
a. Pedestrian circulation shall be clearly defined with paving, materials,
and/or landscaping and shall connect all uses. Sidewalks and
crosswalks shall be provided within new developments as necessary.
b. Bicycle and/or pedestrian connectivity to adjacent development or
existing or funded bicycle and pedestrian facilities.
c. Where no sidewalks currently exist, sidewalks shall be installed within
the right-of-way between the property line and the back of the curb.
Sidewalk width shall be a minimum of 12 feet along arterial streets and
8 feet along residential/collector streets and may be reduced on internal
private streets with TRC approval when context design constraints
dictate or when project intensity and/or density indicate that 8 feet
sidewalks will be sufficient to accommodate pedestrian traffic.
d. Sidewalks may be limited to a single side of rights-of-way or private
streets or sidewalk width may be reduced when right-of-way or private
street abuts streams, ponds, or wetlands or when contextual design
constraints dictate, as determined by the TRC.
e. An internal grid street pattern is required. Block faces within the grid
pattern shall not exceed 400 feet in length. The grid pattern may be
supplemented with alleys. The TRC may waive strict adherence to the
grid pattern when sites are constrained by topography, including
wetlands, ponds, or other natural features, and where connections to
arterial streets and connections and relationships to adjacent sites
require flexibility.
5. Street Trees
Street tree plantings in below-grade planters or planting strips shall be
included at the rate of one tree per 30 feet of frontage in all private rights-
of-way and in public rights-of-way upon approval by NCDOT. The TRC
may waive strict adherence to this requirement if an alley is utilized along
all or portions of the street frontage.
6. Buffers and Streetyards
All development within the UMXZ district may be exempted from required
buffers and streetyard requirements, as approved by the TRC when
contextual design constraints dictate or when other design and/or
landscaping features of the development serve to meet the needs of
buffering and/or streetyard requirements. A minimum buffer of at least 20
feet in width is required adjacent to single-family residential zoning districts.
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7. Trash Containment Screening
a. Trash containment areas shall be located within a building where
possible.
b. If trash containment, including areas for holding recycling, cannot be
accommodated within a building, it shall be placed on the rear or side
of the building and shall be completely enclosed and screened from
view of public rights-of-way with an opaque fence or wall and/or plant
materials, as approved by the TRC. The enclosure shall be at least
one foot taller than the highest point of the trash receptacle. Chain link
and exposed concrete blocks are prohibited.
8. Fences and Walls
Open wire fencing, including chain link, hurricane fencing, and barbed wire,
is prohibited. Within front yards, fence heights may not exceed 4 feet.
9. Building Design
a. Primary building entrances should be clearly distinctive from other
entrances. Primary building entrances shall be oriented toward
sidewalks along primary street frontages.
b. Large expanses of flat, unadorned walls are prohibited. Façades shall
incorporate architectural details, particularly at the pedestrian level.
Building façades along rights-of-way shall incorporate periodic
transitions across the façade. Building façades exceeding 30 feet in
width along rights-of-way shall be divided into distinct areas utilizing
methods including, but not limited to, façade offsets, pilasters, changes
in materials, or fenestration. Transitions shall be no further apart than
2/3 of the height of the building.
c. New buildings shall front onto sidewalks to reinforce pedestrian activity
along streets and pedestrian ways. Exterior burglar bars, fixed “riot
shutters,” or similar security devices shall not be visible from the public
right-of-way.
d. Exterior building materials for all new nonresidential or multifamily
structures shall be of quality finish materials. Structural metal panels
or unparged or non-architectural, non-decorative concrete block shall
be prohibited on façades visible from the public right-of-way.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-52 New Hanover County, NC | Unified Development Ordinance
Unified Development Ordinance | New Hanover County, NC 3-53
3.3.6. RIVERFRONT MIXED USE (RFMU) PLANNED DEVELOPMENT DISTRICT
A. Purpose
The Cape Fear River is one of the County’s and the region’s most valuable natural
resources and is the focal point of activity in downtown Wilmington. The purpose of the
Riverfront Mixed Use (RFMU) District is to provide lands that:
• Enhance and preserve environmentally sensitive areas along the river;
• Protect public access to the river through the creation of quality public spaces;
• Preserve cultural and natural resources;
• Ensure quality design and a variety of built forms that result in a pedestrian scale as
well as a compelling skyline;
• Promote and enhance transit options, particularly pedestrian and water-oriented
transportation options;
• Provide an opportunity for intensive development consistent with the urban form;
and
• Encourage a mix of uses that fosters a sense of community and create a destination
for residents and visitors alike.
B. Use Standards
1. Mix of Uses
a. All RFMU developments must contain uses from at least two of the
following categories:
1. Residential;
2. Office;
3. Commercial;
4. Institutional, quasi-public, public; and
5. Entertainment and lodging.
b. The total floor area of any RFMU development shall constitute no less
than five percent of non-residential uses.
c. Single-story structures shall not exceed 25 percent of the gross building
footprint of all buildings within any RFMU development.
d. All buildings greater than 35 feet in height must incorporate more than
one use.
e. All buildings with riverfront and right-of-way facing facades shall
incorporate non-residential uses on no less than 50 percent of the
ground floor. Parking shall not be used to satisfy any part of this
requirement.
f. The requirements for mix of uses may be waived by the Technical
Review Committee (TRC) for projects of exceptional design or merit.
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2. Principal Uses
All uses in this list shall be considered permitted uses within the RFMU
district. Ground floor non-residential uses should encourage a lively
pedestrian experience by offering a diversity of uses which utilize multiple
storefronts and engaging public spaces. Uses from the category of “adult
establishments” are prohibited. Uses are categorized based on similar
impacts and to ensure diversity of uses.
a. Residential category:
1. Family care homes;
2. Group home supportive; and
3. Single family dwelling, attached.
b. Office category:
1. Banking services, without drive-through;
2. Offices, Medical; and
3. Offices, Professional.
c. Commercial category:
1. Convenience food store, without gasoline sales;
2. Farmers’ market;
3. Grocery store less than 40,000 square feet;
4. Marina, with or without fueling facilities;
5. Night club (night clubs shall not abut an existing place of worship or
be within 1,500 feet of existing residential uses or districts;
6. The following personal service establishments are permitted:
i. Beauty salon;
ii. Barber shop;
iii. Clothing alterations; and
iv. Laundry, Laundromat services, and drop off dry cleaning only;
7. Photography studio;
8. Recreation facilities: private indoor or outdoor;
9. Restaurant without drive-through windows;
10. Retail sales establishment less than 40,000 square feet;
11. Ship chandler; and
12. Spas and health club.
d. Institutional, quasi-public use, or public use category. The following
uses shall not be accessed from or face riverfront facades:
1. Adult day care and child day care center;
2. Clubs, lodges and recreation facilities;
Unified Development Ordinance | New Hanover County, NC 3-55
3. Government facility, not to include correctional or operational
facilities;
4. Nursing and personal care by special use permit;
5. Religious institution; and
6. Retirement center and life care community by special use permit.
e. Entertainment and lodging category:
1. Amphitheater, located within 1,320 feet of a facility that provides
public parking with the capacity to accommodate 100 percent of
required parking;
2. Aquarium, located within 1,320 feet of a facility that provides public
parking with the capacity to accommodate 100 percent of required
parking;
3. Art gallery/studio;
4. Cultural arts center including theaters;
5. Hotels and motels, except that hotels and motels do not satisfy the
“non-residential” requirement;
6. Meeting and events centers;
7. Movie theaters; and
8. Museum.
3. Supporting Uses
The uses listed below are considered supporting uses to the required
categories. While the following uses are allowed by right, they shall not
count towards the minimum required mix of uses. Even though the
development may contain one or more of the following uses, it must still
include at least two of the five categories (residential, office, commercial,
institutional/quasi-public/public, entertainment and lodging) listed above.
a. Accessory buildings;
b. Accessory and auxiliary uses;
c. Commercial parking facility, provided the requirements of 3.3.6.D.10,
Parking, are met;
d. Helipads, rooftop only; and
e. Public park, playground and associated facilities.
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C. District Dimensional Standards
Standard All Uses
Maximum lot coverage(percent) 50
Minimum residential unit size (square
feet)
750
Distance from public rights-of-way and
private streets (feet)
16
Distance from Cape Fear River Must be in compliance with NC Division of Coastal
Management buffer rules
Minimum setback, for structures abutting
residentially zoned land or lot with
residential development (excluding those
separated by public right-of-way)
For buildings less than 50 feet in height, equal to
building height
For buildings 50 feet in height or greater, 50 feet
Building height, maximum (feet) 150, not including up to 60 feet utilized for structured
parking
75, within the height restriction overlay area directly
across from the Wilmington Historic District
Building height performance bonus Additional 30 feet in height allowed if dedication of
private land area for public use is greater than the
required 10% minimum
Additional 15 feet in height for every 5% of additional
permanently designated open space
D. Other District Standards
1. Riverfront Access
a. RFMU designation is available only to parcels of land fronting the Cape
Fear and Northeast Cape Fear Rivers east of Highway 421 between
the Holmes Bridge and Cape Fear Memorial Bridge in unincorporated
New Hanover County.
b. All development shall have direct access to navigable waters.
c. Pedestrian access shall be provided in intervals of no greater than one
access for every 200 linear feet of shoreline.
d. A minimum of one pedestrian access shall be provided.
e. Public access across the property, between the river’s edge and the
public right-of-way, private street, or a structure running parallel with
the river’s edge, shall be provided at a minimum width of 10 feet, and
shall meet ADA Design Standards. The public access shall be
established by an easement or other property interest approved by the
County Attorney.
f. All development shall dedicate the land necessary to provide for the
construction of a continuous and contiguous public riverwalk along the
river’s edge for a length defined by the development’s boundaries
adjacent to the riverfront.
g. A riverwalk should be intensively activated with ground level retail
activities and landscaping, and be designed with a series of public
spaces to accentuate the pedestrian experience.
Unified Development Ordinance | New Hanover County, NC 3-57
h. Riverfront facilities shall provide multi-modal transportation
opportunities, including public boating, walking, bicycling, and public
bus or water taxi uses, and the facilities necessary for such uses.
i. Private dock space shall not restrict public access to the riverwalk.
j. The riverwalk shall be designed to accommodate future connections to
adjacent parcels.
2. Common Spaces
a. Plazas, courtyards, riverwalks, and other areas are necessary to
provide for public gathering and interaction.
b. Amenities are required, such as benches, planters, lighting, fountains,
art, and landscaping that furthers the design theme of the project and
encourage interaction.
c. Each development in the RFMU district shall contain a minimum of 10%
functional public space, in addition to a riverwalk. Right-of-way, other
than street sidewalks, may be included within the public space
calculations only if the right-of-way serves a primarily pedestrian
function.
d. Public spaces shall be pedestrian-oriented and shall shape the design
and character of the project through a connecting system of pedestrian
areas that create a relationship among the various components of the
built environment. The pedestrian spaces shall include features such
as landscaping, gardens, benches, artwork, sculpture, and water
features to improve their appeal. These spaces shall also provide a
pleasant gathering space for transit users. Public space areas shall
provide adequate amenities for comfort and convenience such as
seating, lighting, directional signage, bicycle racks, drinking fountains,
shelters, trash receptacles, or public restrooms.
e. To ensure that public spaces are well used, they shall be visible, easily
accessible by the public, and barrier free with multiple points of entry
from public areas (streets, sidewalks, walkways, the riverwalk, and bike
paths). Public spaces shall be oriented to maximize exposure to the
water and scenic views. Streets perpendicular to the river shoreline
shall be designated as landscaped corridors that terminate with
pedestrian access to the river.
f. Public spaces may be either natural or recreational. “Natural” public
spaces are intended to protect natural resources, protect water quality,
and provide habitat for wildlife. “Recreational” public spaces are
intended to provide active or passive recreation opportunities. Public
spaces shall have linkages that reinforce pedestrian movement.
Merchandise and eating areas shall be designed to be contiguous with
public spaces and pedestrian ways.
g. Plants used in landscaping areas shall be native species of the highest
quality, and be of sufficient quantity and scale to make a visual impact.
Plantings shall be selected and located so that their functional and
aesthetic qualities can be maximized. Public spaces shall provide areas
shaded by trees and/or structures. Small-scale stormwater treatment
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shall be integrated into the landscaping, whenever possible, including
recessed landscaped areas with curb openings or sloped curbs to
serve as rain gardens or bio infiltration areas. Restoration of wetland
vegetation is encouraged along the riverfront.
h. Sites of historic interest or sites providing an opportunity and context
for historical interpretation along the riverfront shall be incorporated into
public space areas and appropriately commemorated and marked with
interpretive signage.
i. Development in the district shall integrate artwork into public space
settings wherever possible. Artwork may consist of free-standing
pieces (e.g., sculptures and fountains) or may be integrated with
surroundings (e.g., relief sculpture(s) embedded into pavement or wall,
mosaics, murals, decorative fixtures, etc.) to create strong visual
interest. Artwork should be context-appropriate and custom-made
utilizing local artisans, reinforcing and complementing the character of
the riverfront. Public spaces designed to accommodate live performing
arts and public gatherings should be integrated into the development,
whenever feasible.
3. View Corridors
a. View of the Cape Fear River shall not be significantly obstructed by
buildings or other structures.
b. All development shall provide view corridors along streets connecting
to the river.
c. Any street that terminates within 50 feet of the riverwalk shall provide a
public space, park, or access area that is a clearly defined entry point
to the required riverwalk.
4. Building Form and Design
a. All buildings exceeding 4 stories or 50 feet in height, whichever is less,
must include the following design features:
1. The building base (the first 4 stories or 50 feet in height, whichever
is less) must be delineated and distinguished architecturally from
the upper floors of the building.
2. The building section above the building base must have its mass
reduced according to the following calculation: (Proposed Height –
Base Height) X (Footprint) * 0.25 = Minimum Building Mass
Reduction Above Base Height
b. Primary building entrances shall be oriented toward public sidewalks
along primary street or riverwalk frontages. Development along new or
existing public streets should provide inviting facades and, through
appropriate scale and quality materials, foster a walkable pedestrian
environment.
c. Massing and development scale:
1. No visible façade shall be “blank” or without features or detail. For
buildings greater than 33 feet in width, visible facades shall
Unified Development Ordinance | New Hanover County, NC 3-59
incorporate periodic transitions no further apart than 2/3 of the
building height in order to create a vertical orientation. The
transition may be achieved by utilizing at least two methods
including, but not limited to, the use of façade offsets, recesses,
pilasters, or change in materials.
2. For buildings exceeding 4 stories or 50 feet, whichever is less,
facades shall incorporate a visual transition to distinguish the
building base from the upper floors of the building. This transition
may be achieved by utilizing at least two methods including, but not
limited to, the use of building façade offsets, cornices, belt courses,
moldings, or other linear motifs.
3. For buildings greater than 50 feet in width, facades shall be
expressed as two or more separate building facades no greater
than 50 feet in width utilizing the aforementioned methods. The
predominant orientation of fenestration within the façade shall also
be vertical. Horizontal bands or “ribbons” of windows shall not be
permitted within the first 4 stories or 50 feet of building height. At
least 50% of the ground-level façade shall be constructed of
transparent materials or otherwise designed to allow pedestrian
view of inside activities.
4. The exterior expression of any building façade must be
distinguished at a point not less than 13 ½ feet above the ground
level at the front façade. This distinction may be accomplished by
incorporating features including, but not limited to, horizontal
architectural members such as molding, belt courses, or a change
in materials or fenestration.
5. Multi-Modal Transportation Opportunities
a. Pedestrian accessibility and concentration of development (critical
mass) shall be provided within a compact, walkable area. Pedestrian
circulation shall be clearly defined with paving materials and/or
landscaping and shall connect all uses.
b. Bicycle and/or pedestrian connectivity to adjacent or nearby
developments is required, when feasible.
c. Sidewalks are required on each side of rights-of-way and private streets
throughout the development and are to be installed along all building
frontages.
d. Sidewalks shall maintain a minimum width of 12 feet. Sidewalk width
may be reduced on internal private streets with TRC approval.
e. Sidewalks may be limited to a single side of rights-of-way or private
streets or sidewalk width may be reduced when the right-of-way or
private street abuts streams, ponds, or wetlands, or when contextual
design constraints dictate, as determined by the TRC.
6. Screening:
All dumpsters, outside storage areas, and any ground level mechanical
equipment shall be screened. Screening shall be a minimum of 6 feet in
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height and shall consist of living and non-living material as specified in
Article 5: General Development Standards.
7. Utilities:
All electric, cable television, telephone utilities, fire alarm conduits,
streetlight wiring, and other wiring conduits and similar utilities shall be
placed underground by the developer or the appropriate utility company for
all new developments.
8. Connection to the Surrounding Community
a. Developments shall be designed as an integral part of the surrounding
community, and not as an isolated development.
b. Developments shall not be gated and shall be interconnected to any
surrounding developments with pedestrian and vehicular connections.
c. Developments shall include plants for future pedestrian and vehicular
connections to adjacent undeveloped properties.
9. Landscaping
a. Shade trees are required along all streets. Shade trees shall be a
minimum caliper of 3 inches DBH, shall be spaced at least every 50
feet on center, and must be single-stem canopy trees.
b. Public spaces and common areas shall be planted with a minimum of
2 single stem canopy trees per every 1,000 square feet. Canopy trees
shall be a minimum caliper of 3 inches DBH. Two canopy trees may be
substituted with 3 understory trees per 1,000 square feet of public
space or common area where overhead obstructions or other site
limitations make canopy trees impractical.
c. The TRC may permit alternatives to strict conformance with the
required location of public space and common area landscaping under
the following conditions. However, in all cases, developments shall
provide at least the minimum square footage of landscaped area and
number of trees required by this section.
1. Preservation of natural stands of trees and existing vegetation:
Preservation of natural stands of trees may be substituted for
landscaping requirements, as long as the total square footage of
interior landscaping meets the minimum required.
2. Additional landscaping in key areas: Provision of at least 10%
greater than the minimum landscaping area required in each of the
following areas: along the waterfront, at project entrances, in public
spaces.
3. Provision of low impact development: Landscaping necessary to
achieve low impact development standards as outlined in the
County’s Stormwater Management Ordinance shall be provided.
Unified Development Ordinance | New Hanover County, NC 3-61
10. Parking
a. Surface parking may not exceed 5 percent of the total parking area
provided or 50 spaces, whichever is less, for each development. A
parking structure is considered part of the building footprint when a
common wall is shared between them.
b. Surface parking shall be located to the side or rear of buildings or in the
interior of a block. Surface parking shall not be located on the riverfront
side of buildings. Surface parking shall be reserved for non-residential
uses including loading areas and emergency vehicle access and must
be clearly designated as such.
c. There must be no minimum or maximum parking limit for residential
uses.
d. On-street parking is permitted but shall not be counted toward required
parking for commercial uses.
e. The design of all above-grade parking structures shall be visually
compatible with surrounding structures and shall relate to the design
context of the area.
1. Exterior walls of parking structures shall be designed with materials,
colors, and architectural articulation in a manner that provides
visual compatibility with adjacent buildings and the environment.
2. All parking structures shall be visually obscured from the river.
3. Non-residential uses shall be included along first-floor street
frontages. Active uses are encouraged on the sidewalk level of
parking structures. Ground floor structured parking does not satisfy
non-residential use requirements.
11. Signs
a. Directional signs not exceeding 30 inches in height or 4 square feet in
area which direct on-premises vehicular or pedestrian traffic and
bearing no other identification or advertising matter shall not be limited
in number.
b. A multi-family or nonresidential principal building may install signs on
or hanging beneath canopies or awnings or hanging beneath
overhangs on porch roofs provided:
1. There is no projecting sign on the principal building;
2. The combined total area of signs applied to canopies and awnings
shall not exceed 20 percent of the aggregate area of the face of the
canopy or awning; and
3. Signs that are attached below a canopy, awning, overhang, or
porch roof shall not extend beyond the width of such canopy,
awning, overhang or porch roof and shall have a clearance of not
less than 9 feet above the pedestrian walkway and shall not exceed
3 square feet in area.
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c. A multi-family or nonresidential principal building may install on-
premises window signs provided:
1. The area of such signs shall not exceed an aggregate area equal
to 10 percent of the total ground floor glassed window area of the
building;
2. Such signs, if located inside the window, may be neon signs; and
3. Such signs shall not be located above the second floor.
d. A single-family residential premises may erect one on-premises and/or
one special purpose sign subject to the following restrictions:
1. Such signs refer only to the name, home occupation, address,
and/or special purpose of the occupant therein.
2. Such sign shall not exceed 4 square feet in area.
3. Such sign shall be setback a minimum of 5 feet from any property
line.
4. Such sign shall not be located at a height above 6 feet.
e. A multi-family or nonresidential principal building may display incidental
signs that are flat mounted against the building, window, or door and
do not exceed a total area of 2 square feet.
f. A revolving sign, specifically that of a striped barber pole, is allowed
only in conjunction with a barber shop.
g. External illumination, if used, shall not be blinking, fluctuating, or
moving. Light rays shall shine only upon the property within the
premises and shall not spill over the property lines in any direction,
except by indirect reflection.
h. Any premises or principal building may erect one real estate or
construction sign advertising specific property for sale, rent, lease,
development, or construction, located on the premises, provided that
sale, rent, or lease (real estate) signs do not exceed 6 square feet in
area and development or construction signs do not exceed 35 square
feet in area.
i. Any premises may display one on-premises freestanding sign that does
not exceed 35 square feet in area or 10 feet in height.
j. Any principal building may display attached signs subject to the
following restrictions:
1. Only one attached sign per each frontage shall be permitted;
2. Such sign is mounted parallel to the building to which it is attached
and projects no more than 18 inches from that building;
3. Such signs shall not extend beyond the roofline of the building to
which it is attached; and
4. The combined total area of such signs shall not exceed 20 percent
of the total area of the wall to which the sign is attached, not to
exceed 200 square feet in total area.
Unified Development Ordinance | New Hanover County, NC 3-63
k. Attached signs may be displayed on the side or rear of a building
adjacent to an off-street parking area if the off-street parking area is 33
feet or more in width. Such signs shall be subject to the same
regulations as attached signs on the street side of the building.
However, the side or rear of the building adjacent to the off-street
parking area shall not be included when calculating the area allowable
to attached signs on the street side.
l. Any principal building may display one projecting sign subject to the
following restrictions:
1. There is no detached sign on the premises;
2. Such sign may project horizontally a maximum of 6 feet but shall be
set back at least 2 feet from the back face of the curb or outer edge
of the pavement where there is no curb. Setback distances for
projecting signs which front on state roads must be approved by the
North Carolina Department of Transportation;
3. Such signs shall be erected at a height of not less than 9 feet above
the sidewalk or other pedestrian passageway;
4. Such sign shall not exceed beyond the roof line of the building to
which it is attached; and
5. Such sign shall not exceed 15 square feet in area.
m. Any premises or principal building may place sandwich board signs on
the public sidewalk subject to the following restrictions:
1. Only one sandwich board sign is allowed per street frontage;
2. No sandwich board sign shall exceed 8 square feet per side in area.
In addition, the width of the sign may not exceed 2 linear feet, with
a maximum height of 4 feet. Within these specified maximum
dimensions, creative shapes that reflect the theme of the business
being advertised are encouraged (i.e., ice cream shop may display
a sign in the shape of an ice cream cone);
3. Sandwich board signs shall be displayed only during operational
hours of the business being advertised and shall not be lighted.
These signs must be removed each day at the close of business.
The hours of business operation shall be indicated on the inside
surface of the sign board.
4. Sandwich board signs may be placed on the sidewalk directly in
front of the associated use. Along streets with no parallel parking,
sandwich board signs shall be placed on the sidewalk within 4 feet
of the curb. Along streets with parallel parking, a 2-foot step-out
zone shall be provided, and sandwich board signs shall be placed
on the sidewalk at least 2 feet from the curb but not more than 4
feet from the curb. The location of any sandwich board sign shall
be at least 20 feet from any intersection and at least 5 feet from any
crosswalk or fire hydrant. No sandwich board sign may be placed
where the unobstructed space for the passageway of pedestrians
is reduced to less than 4 feet. Trees, poles, signs, hydrants, trash
receptacles, tree grates, etc. are all considered obstructions.
3-64 New Hanover County, NC | Unified Development Ordinance
5. The sign must be constructed of materials that present a finished
appearance. Rough cut plywood is not acceptable. The sign
lettering should be professionally painted or applied; a “yard sale”
or “graffiti” look with hand painted or paint-stenciled letters is not
acceptable; however, chalkboard signs shall be permitted. The
written message on the board should be kept to the minimum
necessary to communicate the name of a business or a special
message of the business.
6. Any person erecting a sandwich board sign shall indemnify and hold
harmless New Hanover County and its officers, agents, and
employees from any claim arising out of the presence of the sign
on County property or public rights-of-way. The person erecting a
sandwich board sign shall sign an indemnification agreement,
approved by the County Attorney, prior to the issuance of a sign
permit. The indemnification agreement shall be accompanied by
evidence of insurance covering the liability assumed in this
subsection and the agreement.
7. Questions as to placement of sandwich board signs shall be
determined by the Planning Director.
n. Freestanding signs, pole signs, and outdoor advertising signs shall not
be permitted.
o. Project entrance signs shall be integrated into site entry, structural, and
landscape features and meet the following standards:
1. The sign area shall not exceed 75 square feet and its vertical
dimension shall not exceed 4 feet.
2. The maximum height of any entry structure shall not exceed 6 feet.
3. The sign and any structures shall be located so as to not obstruct
the view of persons entering or leaving the development.
4. The main and secondary entrances shall be designated on the site
plan.
5. Two monument signs are allowed at the main entrance way, one
on each side of the road or driveway with a combined total area not
to exceed 150 square feet and with a maximum vertical dimension
of 4 feet.
6. Secondary entranceways shall be restricted to one monument sign,
not to exceed 18 square feet in area and with a vertical dimension
of 4 feet. However, if secondary entranceway signs are
incorporated within an entry wall or other entry feature, 2 signs are
allowed, one on each side of the access road, not to exceed a
combined total surface area of 27 square feet and a vertical
dimension of 4 feet.
7. The main entranceway sign text is limited to the development name
and the name of one tenant. Sign area devoted to a tenant name
is limited to 25 percent of any sign area.
Unified Development Ordinance | New Hanover County, NC 3-65
8. Secondary entranceway text is limited to the development name
only.
p. Internal illumination is prohibited except for kinetic signs, which may be
allowed on buildings housing amphitheaters; cultural arts centers,
including theaters; meeting and event centers; museums; and movie
theaters (except drive-ins); provided that:
1. The kinetic sign shall be displayed on only one wall of the building;
2. The wall on which the kinetic sign is displayed shall not front any
thoroughfare or arterial road;
3. The kinetic sign shall not strobe or flash or utilize graphics, letters,
or text;
4. The area of the kinetic sign shall not exceed 1,200 square feet or
10 percent of the area of the building façade on which it is installed,
whichever is less;
5. Between the hours of 11:00 PM and 7:00 AM, the kinetic sign color
shall be stationary and restricted to one color; and
6. The kinetic sign shall be approved by the Riverfront Mixed Use
development property owners’ association and shall be consistent
with the architectural guidelines of the development.
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Article 6: Subdivision Design and Improvement
Section 5.3 Tree Retention Article 7: Stormwater Management
Section 5.4 Landscaping and Buffering Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
Unified Development Ordinance | New Hanover County, NC 3-67
3-68 New Hanover County, NC | Unified Development Ordinance
3.3.8. EXCEPTIONAL DESIGN (EDZD) PLANNED DEVELOPMENT DISTRICT
A. Purpose
The Exceptional Design Zoning District (EDZD) provides opportunities for mixed use and
high density residential projects within the unincorporated areas of the County where
appropriate urban features are in place to support such projects without the negative
impacts of urban sprawl. Through the conservation of water bodies, wetlands, floodplains,
and open space, it is intended that this district will prevent the degradation of water quality
and foster the preservation of natural hydrology, habitat, and biodiversity. In addition, the
district is intended to provide design flexibility to achieve public and private spaces that
advance a sense of community in a well-integrated service area that diminishes the need
for vehicular traffic and encourages bicycle and pedestrian movements. The EDZD shall
be located with respect to public and private facilities existing or clearly available by the time
they are required within the development.
B. Applicability
1. As of May 3, 2021, no new EDZD district shall be added to the Official Zoning Map,
nor may any boundary of an existing EDZD district be modified. Any property zoned
EDZD prior to May 3, 2021 exists as part of the Official Zoning Map and shall conform
to the standards of this ordinance. [05-03-2021]
2. EDZD projects must be located on sites suitable for development in the manner
proposed without creating hazards to persons or property, on or off the district, and
free from the probability of flooding, erosion, subsidence, or slipping of the soil or other
dangers. Condition of soil, groundwater level, drainage and topography shall all be
appropriate to both the kind and pattern of use intended. If appropriate to the form
and function of development, lands to be included in EDZD districts may be divided by
streets, alleys, rights-of-way, or easements but shall be located, dimensioned, and
arranged as to permit unified planning and development and to meet all requirements
in connection therewith, as well as to provide necessary protection against adverse
relationships between uses in the district and uses in surrounding area.
3. Areas classified as Rural Residential place type, Conservation place type, AE or VE
special flood hazard areas, or CAMA Estuarine Areas of Environmental Concern are
not eligible for residential density greater than 2.5 units per acre, and such acreage,
with the exception of area within the Rural Residential place type, must be subtracted
from the acreage upon which density on other portions of the district is calculated. All
other areas of the unincorporated planning jurisdiction for New Hanover County are
eligible for the EDZD.
4. A district must include the entirety of the parcel or parcels being considered, and the
applicant must be the owner or owners of all the property to be included in the district.
The applicant must demonstrate that the property is jointly owned or be subject to a
formal agreement for unified control. Authorization to construct shall not be issued
until unified control is established.
5. A district may not extend across any major or minor arterial roadway having three or
more lanes of vehicular traffic unless the district proposed multiple, unified
development phases of mixed uses having safe, signalized vehicular, pedestrian and
bicycle facilities to connect the projects, such as crosswalk signals, pedestrian
overpasses, refuge islands, etc.
Unified Development Ordinance | New Hanover County, NC 3-69
C. Use Standards
The principal uses in an EDZD District shall be as set out and approved in the original
approving action, unless otherwise amended by the Board of Commissioners. To be eligible
for density or floor area ratio bonuses, a project must include a mix of uses (see Section
3.3.8.E.9, Exceptional Design Density Incentives). After the MPD Master Plan has been
approved, changes in any principal use or accessory use shall constitute a change in the
approved EDZD District and shall require approval by the Board of Commissioners.
D. District Dimensional Standards
Development in the EDZD district shall conform to the standards outlined in Table 3.3.8.D:
Exceptional Design Zoning District (EDZD) Density & Dimensional Standards.
* Such acreage, with the exception of area within the Rural Residential place type, must be
subtracted from the acreage upon which density on other portions of the district is
calculated.
E. Other District Standards
1. Exceptional Design Standards
Projects must meet a minimum of one qualifying option for each of the
standards outlined in Table 3.3.8.E.1: Exceptional Design Core
Requirements, and must be eligible for a minimum of 12 points as outlined
in Table 3.3.8.E.2: Exceptional Design Additional Requirements. The
EDZD certification must be assured during the first phase of development
or prior to completion of more than 24 units. A progress report shall be
submitted after each phase indicating the proposed timeline for completion
of the EDZD elements.
3-70 New Hanover County, NC | Unified Development Ordinance
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Unified Development Ordinance | New Hanover County, NC 3-71
3-72 New Hanover County, NC | Unified Development Ordinance
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Unified Development Ordinance | New Hanover County, NC 3-73
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2. Parking
Off-street parking shall be provided as required in Section 5.1, Parking and
Loading, except that projects that meet the Mix of Uses, Bicycle and
Pedestrian Access, and Housing and Jobs/Commercial Opportunity
Proximity requirements in Table 3.3.8.E.2: Exceptional Design Additional
Requirements, may reduce the minimum parking requirements by ten
percent within the commercial component of the project.
3. Connectivity
In order to promote projects that have high levels of internal connectivity
and are well connected to the community at large, gates or other
obstructions may not be utilized on roads entering, exiting, or within the
development.
4. Buffering Allowance
Landscaping and buffering shall be provided in accordance with Section
5.4, Landscaping and Buffering, except that required buffers may be
allowed within electric utility easements greater than 30 feet with the
permission of the appropriate utility company. A memorandum of
agreement must be in place stating that the buffer will be maintained in
perpetuity in accordance with the standards for size, opacity, and location.
5. Street Lights
Street lights shall be included at the rate of one fixture per 500 linear feet
or less or roadway.
6. Open Space
[11-16-2020]
3-74 New Hanover County, NC | Unified Development Ordinance
A minimum 35 percent of the gross area of each EDZD district established
shall be set aside as open space in accordance with the standards in
Section 5.8, Open Space Requirements.
a. To prevent bacterial contamination of surface water, pet waste stations
shall be installed within required open spaces, and a maintenance
schedule for the pet waste stations shall be implemented.
7. Stormwater Management
A comprehensive stormwater management plan that infiltrates and reuses
stormwater runoff shall be developed and implemented for the project.
Stormwater shall be managed following the principles prescribed in the
New Hanover County-City of Wilmington Joint Low Impact Development
Manual and will enable a project to use the LID-EZ Spreadsheet Tool.
8. Homeowners Association
EDZD developments shall be required to comply with the homeowners
association standards for Performance Residential Subdivisions, as found
in Section 3.2.D.7: Homeowners Association.
9. Exceptional Design Density Incentives
a. Only projects complying with the Mix of Uses additional requirements
as outlined in Table 3.3.8.E.2: Exceptional Design Additional
Requirements, are eligible for density or floor area ratio bonuses.
b. Compliance with Mix of Uses additional requirements shall be
determined in accordance with Table 3.3.8.E.9: Diversity of Uses.
Unified Development Ordinance | New Hanover County, NC 3-75
c. Any points an eligible project is awarded beyond the 12-point minimum,
as outlined in Table 3.3.8.E.2: Exceptional Design Additional
Requirements, may be applied toward the density or floor area ratio
bonuses at a rate of 1 additional dwelling unit OR 1/10 additional FAR
per additional design point accrued.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Article 6: Subdivision Design and Improvement
Section 5.3 Tree Retention Article 7: Stormwater Management
Section 5.4 Landscaping and Buffering Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-76 New Hanover County, NC | Unified Development Ordinance
3.3.9. PLANNED DEVELOPMENT (PD) DISTRICT
[09-08-2020]
A. Purpose
The Planned Development (PD) District is established to encourage innovative, integrated, and
efficient land planning and site design concepts that achieve a high quality of development,
environmental sensitivity, and adequate public facilities and services, and that provide community
benefits, by:
• Reducing the inflexibility of zoning district standards that sometimes result from strict
application of the base district, and development standards;
• Allowing greater flexibility in selecting: the form and design of development, the ways by
which pedestrians and traffic circulate, how the development is located and designed to
respect the natural features of the land and protect the environment, the location, and
integration of open space and civic space into the development, and design amenities;
• Encouraging a greater mix of land uses within the same development;
• Allowing more efficient use of land, with smaller networks of streets and utilities;
• Providing pedestrian connections within the site and to the public right-of-way; and
• Promoting development forms and patterns that respect the character of established
surrounding neighborhoods and other types of land uses.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are identified
in Article 1: Error! Not a valid result for table.. The allowed uses are only permitted for development
if they are included in the MPD Master Plan that is approved as part of the PD district in accordance
with Section 3.3.3.A, MDP Master Plan.
Unified Development Ordinance | New Hanover County, NC 3-77
D. District Dimensional and Density Standards [09-08-2020][11-01-2021]
Standard Residential Uses Commercial Uses Industrial Uses
Minimum district size, under common ownership or joint petition: 10 acres*
Building setback from PD District
boundary (feet) 20 CB Setback
Requirements
I-1 Setback
Requirements
Building setback from pedestrian
and bicycle paths (feet) 10
Front setback (feet)
Established in MPD Master Plan in accordance with Section
3.3.3.A, MPD Master Plan
Side setback, street (feet)
Side setback, interior (feet)
Rear setback (feet)
Density, maximum (du/acre) *
Intensity, maximum Established in MPD Master Plan in accordance with Section
3.3.3.A, MPD Master Plan
Building height, maximum Established in MPD Master Plan in accordance with Section
3.3.3.A, MPD Master Plan
*10 acres shall be contiguous or separated only by an easement, right-of-way, or street. [10-03-2022]
** Maximum density in Urban Mixed-Use areas identified on the New Hanover County Future Land Use Map shall
be established in the MPD Master Plan. Maximum Density in areas outside of the Urban Mixed-Use areas shall
also be established in the MPD Master Plan but shall not exceed 17 dwelling units per acre.
E. Other District Standards
1. Compensating Community Benefits
Compensating community benefits shall be identified in the MPD Master
Plan. These benefits shall be in addition to what is otherwise required to
meet the minimum standards of this UDO and other County, state, and
federal regulations. They may include, but are not limited to:
a. Improved Design
The use of architectural design that exceeds any minimum standards
established in this UDO or any other County regulation, or the use of
site design incorporating principals of walkable urbanism and traditional
neighborhood development, compatible with the comprehensive plan
and other adopted County plans.
b. Natural Preservation
The preservation of sensitive lands such as natural habitats, natural
features, or trees that exceed the requirements of this UDO, when they
are located on the site.
3-78 New Hanover County, NC | Unified Development Ordinance
c. Improved Connectivity for Pedestrians and/or Vehicles
Additional connections to existing roads, bicycle facilities, and
pedestrian facilities that provide additional connectivity to and from the
development and existing residential and commercial development in
the County, beyond the requirements of Section 5.2, Traffic, Access,
and Connectivity.
d. Mixed-Use Development
The approval of a significant amount of mixed-use development on the
site, by ensuring that a minimum of 35 percent of the total gross square
feet in the development (and 25 percent of the land area) will be
developed in an integrated mixed-use form (residential and
nonresidential), with sidewalks on both sides of the street, and street
trees spaced appropriately along the street.
e. Green Building Practices
The inclusion of green building practices that may include but not be
limited to: LEED buildings (or a comparable); the integration of low-
impact development techniques; the use of alternative energy to
generate power (solar or wind); energy conservation practices; water
conservation practices; tree conservation (exceeding the requirements
of this UDO); recycling; and similar practices.
f. Dedication of Land or Facilities or In-Lieu Fee Contribution
1. Parks, Recreation, and Open Space
The dedication of land, construction of facilities, or contribution of
in-lieu fee for public parks, trails and trail linkages, greenways,
waterfront access, recreation facilities, or open space identified in
the comprehensive plan or other adopted County plans, beyond the
requirements of Section 5.5, Open Space Set-Aside Standards.
2. Transportation Facilities
The dedication of land, construction of facilities, or contribution of
in-lieu fees for off-site transportation facilities that exceed the
mitigation requirements of Section 5.2.4, Traffic Impact Worksheet.
3. Community Facilities
The dedication of land or construction of facilities for community
facilities (e.g., cultural arts center, public plaza, and public art)
identified in the comprehensive plan or other adopted County plans.
4. Workforce Housing
The construction of workforce dwelling units.
5. Other
Any other community benefit that would provide benefits to the
development site and the citizens of the County, generally.
Unified Development Ordinance | New Hanover County, NC 3-79
2. Development Standards Subject to Modification
Except as required in subsections 3 through 5 below, development in a PD
district shall comply with the standards in Article 5: General Development
Standards, Article 6: Subdivision Design and Improvements, Article 7:
Stormwater Management, Article 8: Erosion and Sedimentation Control,
and Article 9: Flood Damage Prevention, unless they are modified as
allowed by Table 3.3.7.E.2: PD District Development Standards Subject to
Modification, and accompanied by documentation providing a clear basis
for why the change is needed, how it supports the purposes of the district,
and how it supports high-quality development.
Article 5: General Development Standards
Section 5.1 Parking and Loading
Section 5.2 Traffic, Access, and Connectivity
Section 5.3 Tree Retention
Section 5.4 Landscaping and Buffering
Section 5.5 Exterior Lighting
Section 5.6 Signs
Section 5.7 Conservation Resources
Section 5.8 Open Space Requirements
Section 5.9 Fire Hydrants
Section 5.10 Airport Height Restriction
Article 6: Subdivision Design and Improvements
Section 6.1 General Purpose
Section 6.2 Design Standards
Section 6.3 Improvements
Article 7: Stormwater Management
Article 8: Erosion and Sedimentation Control
Article 9: Flood Damage Prevention
3. Minimum Infrastructure Improvements
The following minimum improvements and public services shall be
provided in accordance with all standards set by the County or appropriate
local or State agency:
a. Water supply and sewer facilities provided by the Cape Fear Public
Utility Authority or an equivalent agency;
b. Fire hydrant and water supply systems that meet the standards
specified in the National Fire Protection Association Standard as
amended;
c. A drainage plan in accordance with Section 6.3.3.E, Surface Water
Drainage, and the County’s Stormwater Management Ordinance.
3-80 New Hanover County, NC | Unified Development Ordinance
d. Street lights, at the rate of one fixture per 500 linear feet or less of
roadway.
e. Audible fire alarm systems connected directly to a central dispatch
system for all structures except single-family and two-family (duplex)
residential.
4. Building Separations Standards
a. The project shall be designed so as to avoid encroachment into the
path of any proposed transportation project included in the Wilmington
MPO’s Metropolitan Transportation Plan.
b. Multi-family dwelling units shall be spaced a minimum of 20 feet from
any part of another dwelling unit. All other dwelling types shall be
spaced a minimum of 10 feet from each other. [11-16-2020, 10-03-2022]
Unified Development Ordinance | New Hanover County, NC 3-81
3-82 New Hanover County, NC | Unified Development Ordinance
Section 3.5. Commercial and Industrial Districts
3.5.1. INTENT
The commercial and industrial districts are intended to:
A. Help implement the adopted New Hanover County Comprehensive Plan by
accommodating a full range of office, retail, commercial, service, and mixed uses
needed by New Hanover County’s residents, businesses, visitors, and workers;
B. Maintain and enhance the County’s economic base and provide shopping,
entertainment, and employment opportunities close to where people live and work;
C. Preserve, protect, and promote employment-generating uses;
D. Create suitable environments for various types of commercial and industrial uses and
protect them from the adverse effects of incompatible uses;
E. Allow flexibility to encourage redevelopment and positive improvements to existing
businesses and residences;
F. Minimize potential negative impacts of heavy impact nonresidential development on
adjacent residential areas;
G. Provide suitable locations for public and semipublic uses needed to complement
nonresidential development; and
H. Encourage site planning, land use planning, and architectural design that create an
interesting and pedestrian-friendly environment, where appropriate.
3.5.2. ESTABLISHED COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
The commercial and industrial zoning districts established by this UDO are identified in
Table 3.5.2: Established Commercial and Industrial Base Zoning Districts
3-84 New Hanover County, NC | Unified Development Ordinance
Unified Development Ordinance | New Hanover County, NC 3-85
3.5.4. NEIGHBORHOOD BUSINESS (B-1) DISTRICT
A. Purpose
The purpose of the Neighborhood Business (B-1) District is to provide lands that accommodate a
range of small-scale, low-intensity, neighborhood-serving commercial development that provide
goods and services to residents of adjacent neighborhoods. District regulations are intended to
ensure uses, development intensities, and a development form that is consistent with a pedestrian-
friendly, walkable, and neighborhood scale. Mixed use development is allowed that is consistent with
district character.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-01-2021]
Standard All Uses
Lot area, minimum (square feet) None
Lot width, minimum (feet) None
1 Front setback (feet) 25
2 Side setback, street (feet) 25
Side setback, interior (feet)
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent
to residential properties
Rear setback (feet)
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent
to residential properties
Building height, maximum 2 stories OR 40 ft.
3-86 New Hanover County, NC | Unified Development Ordinance
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
3-88 New Hanover County, NC | Unified Development Ordinance
3.5.5. COMMUNITY BUSINESS (CB) DISTRICT
A. Purpose
The purpose of the Community Business (CB) District is to provide lands that accommodate the
development, growth, and continued operation of businesses that serve surrounding neighborhoods
with goods and services needed for a variety of daily and long-term purposes. Development in the
CB district should be designed in a form and at a scale that is both walkable and accessible to
vehicles, and located at intersections and along streets that will allow multiple neighborhoods access
to the district’s businesses. CB district lands can serve as a buffer between higher density/intensity
development and moderate or low density multi-family and single family neighborhoods.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-01-2021]
Standard All Uses
Lot area, minimum (acres) ½
1 Lot width, minimum (feet) 80
2 Front setback (feet) 20
3 Side setback, street (feet) 20
Side setback, interior (feet)
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
4 Rear setback (feet)
10 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Building height, maximum
3 stories, OR 50 ft.
See Section 3.1.3.C for standards when adjacent to
residential properties
Unified Development Ordinance | New Hanover County, NC 3-89
D. District Dimensional Standards [11-01-2021]
Standard All Uses
Floor area per development site,
maximum (square feet) 100,000
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
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2
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4
4
3-90 New Hanover County, NC | Unified Development Ordinance
3.5.6. REGIONAL BUSINESS (B-2) DISTRICT
A. Purpose
The intent of the Regional Business (B-2) District is to provide for the proper site layout and
development of larger format or larger structure size business uses, including big box stores and
automobile dealers. It is also designed to provide for the appropriate location and design of auto-
oriented uses that meet the needs of the motoring public or that rely on pass-by traffic.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-01-2021]
Standard All Uses
Lot area, minimum (square feet) None
Lot width, minimum (feet) None
1 Front setback (feet) 25
2 Side setback, street (feet) 25
Side setback, interior
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Rear setback
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Building height, maximum
3 stories OR 50 ft.
See Section 3.1.3.C for standards when adjacent to
residential properties
Additional height allowance, maximum
(feet)
100 for Hotel or Motel structures
See Section 3.1.3.C for standards when adjacent to
residential properties
Unified Development Ordinance | New Hanover County, NC 3-91
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1 2
3-92 New Hanover County, NC | Unified Development Ordinance
3.5.7. OFFICE AND INSTITUTIONAL (O&I) DISTRICT
A. Purpose
The purpose of the Office and Institutional (O&I) District is to provide lands that accommodate
institutional, professional office, and other compatible uses. The O&I district should be located in
areas with more intense uses and higher density development patterns to support economic clusters
in appropriate locations.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards [11-01-2021]
Standard Residential Uses Nonresidential Uses and
Mixed-Use Structures
Lot area, minimum (square feet)* 15,000
1 Lot width, minimum (feet)* 90
2 Front setback (feet)* 25
3 Side setback, street (feet)* 25
Side setback, interior*
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Rear setback*
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Density, maximum (dwelling
units/acre) 2.5**
Building height, maximum
3 stories OR 45 ft.
See Section 3.1.3.C for
standards when adjacent
to residential properties
3 stories OR 50 ft.
See Section 3.1.3.C for
standards when adjacent to
residential properties
Unified Development Ordinance | New Hanover County, NC 3-93
D. District Dimensional Standards [11-01-2021]
Standard Residential Uses Nonresidential Uses and
Mixed-Use Structures
Additional height allowance,
maximum (feet)
75 for Senior Living
See Section 3.1.3.C for
standards when adjacent
to residential properties
75 for Government Offices and
Buildings; Bank and/or
Financial Institutions; and
Offices for Private Business
and Professional Activities
125 for Colleges, University, &
Professional School and
Hospital structures
See Section 3.1.3.C for
standards when adjacent to
residential properties
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
E. Other District Standards
1. Signs. Signs or a directional nature shall be permitted; however, each such sign shall not exceed
2 square feet in surface area (one side) with no lighting and shall be limited to 7 feet in height.
2. Lighting. The source of any outdoor lighting in an O&I district shall be concealed so as not to be
visible from any public street or any residential lot.
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3-94 New Hanover County, NC | Unified Development Ordinance
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-96 New Hanover County, NC | Unified Development Ordinance
Unified Development Ordinance | New Hanover County, NC 3-97
3.5.9. SHOPPING CENTER (SC) DISTRICT
A. Purpose
The purpose of the Shopping Center (SC) District is to provide lands allowing for the development of
unified commercial projects as part of larger commercial clusters or as new neighborhood nodes
located close to residential neighborhoods that allow for convenient access to basic goods and
services. District regulations are designed to ensure compatibility with adjacent properties so the SC
district can be used to create the types of mixed used development patterns outlined in the
Comprehensive Plan.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards
Standard All Uses
Minimum contiguous area: 7 acres*
Setback from district border, minimum (feet) 50
Setback from district boundary, minimum (feet) 25
Building height, maximum None
* No zoning map amendment shall reduce the size of contiguous area classified SC to less than seven acres,
unless the entire district is rezoned for other purposes.
E. Other District Standards
1. No Shopping Center district may extend across any major highway.
2. The owner or owners of the entire area proposed to be amended to an SC district shall sign
a petition for an Amendment to the Official Zoning Map and shall follow the procedures set
out for a Conditional Zoning district (see Section 10.3.3: Conditional Zoning).
2
3-98 New Hanover County, NC | Unified Development Ordinance
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-100 New Hanover County, NC | Unified Development Ordinance
3.5.10. COMMERCIAL SERVICES (CS) DISTRICT
A. Purpose
The Commercial Services (CS) district is established to accommodate a mixture of light
manufacturing, wholesale, storage, commercial service and repair, and distributive business type
uses. It functions as a support district to nearby intensive industrial and commercial uses. The
district is designed to act as a transitional land use between intensive industrial and commercial
development and less intensive commercial, office, and institutional uses.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) 7,500
1 Lot width, minimum (feet) 65
2 Front setback (feet) 35
3 Side setback, street (feet) 25 along highways and major thoroughfares
17.5 along all other public highways or streets
4 Side setback, interior (feet) 7*
5 Rear, generally (feet) 15**
Building height, maximum (feet) 40***
* The interior side setback is 30 feet from abutting residentially zoned land.
** The rear setback is 35 feet from abutting residentially zoned land .
*** Buildings having a height over 35 feet are subject to additional setbacks and buffer yards of 4 additional feet.
Unified Development Ordinance | New Hanover County, NC 3-101
E. Other District Standards
Lighting: All new construction where exterior site lighting is provided shall observe the
following limitations as to height:
a. Unrestricted lighting: 10 feet
b. Ninety-degree cutoff lighting: 15 feet
In no case shall lighting for new construction be located or installed so as to shine directly
onto residential premises.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
2
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4
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3-102 New Hanover County, NC | Unified Development Ordinance
3.5.11. AIRPORT COMMERCE (AC) DISTRICT
A. Purpose
The purpose of the Airport Commerce (AC) District is to provide lands to accommodate
planned restricted business and industrial development in which the principal use of land is
for indoor manufacturing, distribution, and other types of operations that are compatible with
airport facilities and require sites near to railroads and/or major thoroughfares. The specific
intent of the district is to:
• Encourage the types of development that are compatible with airport operations;
• Protect and promote the public utility of Wilmington International Airport;
• Promote the health, safety, and general welfare of the residents of New Hanover
County by preventing the creation of hazards around the airport to protect the lives
and property of both the users of the airport and nearby residents; and
• Prevent destruction or impairment of the utility of the airport and the public’s
investment.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
Unified Development Ordinance | New Hanover County, NC 3-103
D. District Dimensional Standards [10-03-2022]
Standard All Uses
Lot area, minimum (square feet) 43,560*
1 Lot width, minimum (feet) 150
2 Front setback (feet) 50
3 Side setback, street (feet) 50
Side setback, interior **
Rear setback **
Building height, maximum (feet) 35***
Additional height allowance, maximum (feet) 50***
* Any property subdivided and recorded prior to June 1, 1981 may be less than the minimum lot area, provided
such lots are located outside of an approach zone for Wilmington International Airport. Any such property
located within an airport approach zone may be approved pursuant to a Special Use Permit issued in
accordance with 10.3.5: Special Use Permit.
** Determined in accordance with Section 3.1.3.C, Additional Standards in Certain Districts.
*** Unless otherwise specified in Section 5.10, Airport Height Restriction. Any proposed height above 35 ft. will
require that a 7460 be filed with the FAA and an FAA determination of “no hazard.”
1
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E. Other District Standards
1. Access
Any means of direct access to or from any development shall not be through any land in a
Residential district or land on which there is residential development, or along any street or
road in a residential subdivision.
2. Lighting
a. Any pulsating, flashing, rotating, oscillating, or other type of light intended as an
attention-getting device is prohibited.
b. Flood lights, spot lights, or another lighting device shall be arranged or shielded so as
not to cast illumination in an upward direction above an imaginary line extended from
the light source parallel to the ground.
3. Radio and Electronic Device
a. Any radio or electronic device is permitted only in conjunction with a valid license or
other authorization as may be issued by the FCC.
b. Any radio or electronic device, the operation of which would violate any rules or
regulations of the FCC is prohibited.
4. Visual Hazards
Any operation or use that emits smoke, dust, or creates glare or other visual hazards is
prohibited.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-106 New Hanover County, NC | Unified Development Ordinance
Unified Development Ordinance | New Hanover County, NC 3-107
3.5.13. LIGHT INDUSTRIAL (I-1) DISTRICT
A. Purpose
The purpose of the Light Industrial (I-1) District is to provide lands to accommodate light industrial
development and associated operations, including assembly, fabrication, packaging, and transport,
where operations are conducted primarily indoors and where suitable sites are served by rail, a
waterway, and/or a highway transportation system as well as readily available utilities. I-1 districts
are intended to support the development of commerce and employment clusters as recommended
in the Comprehensive Plan. Heavy industrial uses in which raw materials are converted into products
for subsequent assembly or fabrication or where uses create an excessive amount of noise, odor,
smoke, dust, airborne debris, or other objectionable characteristics that might be detrimental to
surrounding areas are not appropriate in the I-1 district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
3-108 New Hanover County, NC | Unified Development Ordinance
D. District Dimensional Standards [11-01-2021]
Standard All Uses
Lot area, minimum (square feet) None
1 Lot width, minimum (feet) None
2 Front setback (feet) 50
3 Side setback, street (feet) 50
Side setback, interior *
Rear setback *
Building height, maximum
3 stories OR 50 ft.
See Section 3.1.3.C for standards when adjacent to
residential properties
Additional height allowance,
maximum (feet)
100 for Government Offices & Buildings, Hotel or Motel,
Offices for Private Business and Professional Activities,
and Research and Development Facility structures
See Section 3.1.3.C for standards when adjacent to
residential properties
* Determined in accordance with Section 3.1.3.C.
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
3 2
2
1
1
Unified Development Ordinance | New Hanover County, NC 3-109
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-110 New Hanover County, NC | Unified Development Ordinance
3.5.14. HEAVY INDUSTRIAL (I-2) DISTRICT
A. Purpose
The purpose of the Heavy Industrial (I-2) District is to provide lands that accommodate a full range
of heavy industry uses to support the development and success of industrial and commerce clusters
as identified in the Comprehensive Plan. Uses allowed in the district include manufacturing,
fabrication, assembly, warehousing, distribution, and accessory outside storage uses associated with
heavy industrial uses, where such heavy industry uses are served by rail, waterway, and/or highway
transportation systems. District regulations are included to protect development situated outside the
district and minimize environmental impacts caused by the uses within the district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 1: Error! Not a valid result for table..
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) None
1 Lot width, minimum (feet) None
2 Front setback (feet) 50
3 Side setback, street (feet) 50
Side setback, interior *
Rear setback *
Building height, maximum None
* Determined in accordance with Section 3.1.3.C, Additional Standards in Certain Districts.
Unified Development Ordinance | New Hanover County, NC 3-111
E. Other District Standards
Buffers must be established between I-2 and adjacent, non-industrial uses, in accordance with
5.4.3: Transitional Buffer.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3
2
2
1
1
Unified Development Ordinance | New Hanover County, NC 3-113
Section 3.6. Overlay and Special Purpose Districts
3.6.1. INTENT
The UDO established overlay and special purpose districts to:
A. Clearly designate areas within the unincorporated County with specific regulations in
addition to those required by the general use district to assist in protecting resident
safety and/or important community resources; and
B. Allow additional options for development of specific projects that are consistent with
the goals of the Comprehensive Plan and the objectives of this UDO.
3.6.2. ESTABLISHED OVERLAY AND SPECIAL PURPOSE ZONING DISTRICTS
The overlay and special purpose zoning districts established by this UDO are identified in
Table 3.5.2: Established Overlay and Special Purpose Zoning Districts
[05-05-2021]
Unified Development Ordinance | New Hanover County, NC 3-1
3.6.3. SPECIAL HIGHWAY OVERLAY (SHOD) DISTRICT
A. Purpose
The purpose of the Special Highway Overlay (SHOD) District is to protect the natural
beauty and scenic vista that exists along interstate highways and other specially
designated roadways that serve as major accessways and gateways into
unincorporated New Hanover County. Protection of these highways is important and
necessary to maintain and preserve the natural woodlands and open spaces that
characterize these roadways. The continued protection of these scenic highways is
also a valuable asset to the County’s tourism economy and enhances the
attractiveness of the County for trade and investment.
B. SHOD District Boundaries
The boundaries of the SHOD District are shown on the Official Zoning District Map.
C. Applicability
1. The SHOD district regulations apply to the development of all land within
the district, in addition to the regulations of the general use district in which
the land is located. In the event there are conflicts between the SHOD
district regulations and those of the underlying general district regulations,
the SHOD district regulations shall control.
2. Except for access roads and utility (communications, gas, electrical,
sanitary services) structures, all non-residential structures, buildings, and
improvements to land located within the SHOD shall comply with the
requirements of Section 3.6.3.D, SHOD District Standards.
D. SHOD District Standards
1. Setbacks
a. All non-residential buildings and their accessory uses shall be set back
a minimum of 100 feet from the right-of-way of the designated highway.
b. No building shall be located less than 25 feet from any property line.
c. The setback may be reduced for those buildings, accessory uses, and
off-street parking by a maximum of 25 percent if the development
provides additional plantings along the right-of-way. At a minimum,
these plantings shall consist of one deciduous or evergreen tree at least
2.5” caliper for every 40 feet of road frontage. These streetscape trees
must be selected and planted in accordance with Section 5.4,
Landscaping and Buffering, and must be located in the first 10 feet of
land adjacent to and parallel to the right-of-way, except that plantings
may be moved outside this area if it is determined that overhead power
lines would interfere with the trees’ natural growth.
2. Enclosed Facilities
All manufacturing, storage, offices, wholesaling, retail sales or similar uses
shall be conducted within an enclosed building.
3-2 New Hanover County, NC | Unified Development Ordinance
3. Outside Storage
a. Outside storage can be permitted if it is located directly to the rear of
the principal building and is not visible from the designated highway.
b. The outside storage area shall not occupy an area wider than the
principal building or larger than one-half the area of the principal
building.
c. A 3-row screen shall be provided in accordance with the standards of
Section 5.4, Landscaping and Buffering.
d. No storage shall be permitted above the height of the screen.
e. Junk yards and scrap processors are not permitted.
4. Parking and Loading
a. Loading areas are permitted on the side or rear of the principal structure
as viewed from the designated highway. If loading is performed on the
side of the building, as viewed from the designated highway, a 3-row
screen shall be provided in accordance with the standards in Section
5.4, Landscaping and Buffering.
b. No vehicular or equipment parking, except automobile parking, shall be
permitted in the yard area adjacent to the designated highway. All
automobile parking shall be set back at least 100 feet from the right-of-
way of the designated highway if such highway is an interstate or
thoroughfare with controlled access. Other US and NC numbered
highways shall require a 50-foot setback for automobile parking.
5. Lot Coverage
The total ground area covered by principal buildings and all accessory
buildings shall not exceed 50% of the site.
6. Signs:
Signs shall comply with Section 5.6, Signs, except that only one
freestanding ground sign that does not exceed 6 feet in height and a
maximum surface area of 150 square feet is allowed within the 100-foot
setback. No outdoor advertising signs are permitted.
7. Any parcel of land that is located in overlapping SHOD districts shall be
subject to all of the setback requirements of this section for one of the two
designated highways, except the setbacks from the right-of-way of the
secondary highway frontage, as determined by the applicant, may be
reduced by 50 percent.
Unified Development Ordinance | New Hanover County, NC 3-3
3.6.4. WATER SUPPLY WATERSHED OVERLAY (WSW) DISTRICT
A. Purpose
The purpose of the Water Supply Watershed Overlay District is to preserve and
protect the water quality of the County's surface water supplies from pollution as a
result of activities from new construction as well as existing development. The
preservation of these potable drinking water supplies is important to the orderly
growth of the County and serves to ensure that primary and secondary sources of
drinking water are available to serve existing and future populations. This ordinance
is established as mandated by the Water Supply Watershed Protection Act, (NCGS
143-214.5).
B. Applicability
1. Unless exempted by subsection 3 below, the development and
improvement of property, including the subdivision of land, that is located
within the water supply watershed shall be subject to the standards in this
section (3.6.4). The most recent officially adopted maps of, and information
pertaining to, the water supply watershed shall be maintained by, and shall
be available for review at, the County Planning and Land Use Department.
These maps shall serve as the official source by which to identify the
boundaries of the water supply watershed. [05-03-2021]
2. These WSW District regulations apply to the development of all land within
the district, in addition to the regulations of the general use district in which
the land is located. In the event there are conflicts between the WSW
District regulations and those of the underlying general district regulations,
the WSW district regulations shall control.
3. The following uses are exempt from the standards in this section (3.6.4):
a. The development of a single family home, one residential duplex, or the
location of two or fewer mobile homes on a parcel or lot of record where
permitted by the underlying zoning;
b. The installation and maintenance of water, sewer, electrical, and other
utility systems where it can be demonstrated that the installation causes
only minimal disturbance of the water supply;
c. Agriculture subject to the provisions of the Food Security Act of 1985
and the Food, Agriculture, Conservation and Trade Act of 1990; and
d. Silviculture subject to the provisions of the Forest Practices Guidelines
Related to Water Quality (15 NCAC 1I.6101-.0209).
C. WSW District Standards
1. Stormwater Management
Approval of a drainage plan meeting the requirements of Section 6.3.3.E,
Surface Water Drainage, is required for all development subject to this
section (3.6.4). All structures shall be set back at least 100 feet from the
mean high water line.
3-4 New Hanover County, NC | Unified Development Ordinance
2. Agriculture
Existing or new agricultural activities conducted after January 1, 1994 shall
maintain a minimum ten-foot vegetated buffer, or equivalent buffer as
determined by the Soil Conservation Service, adjacent to the shoreline of
the water supply.
3. Non-residential Uses
All non-residential activities shall be limited to a built-upon area not to
exceed 24 percent of the site. Additionally, nonresidential uses that store
toxic or hazardous wastes or other contaminants that are listed in SARA,
Section 302, Extremely Hazardous Substances, CERCLA Hazardous
Substances, or Section 311 of CWA (oil and hazardous substances) in any
amount are prohibited unless they provide a spill containment plan
approved by the Director of Emergency Management. Such plans shall be
updated every two years. Local response to spills shall be in accordance
with the New Hanover County Emergency Operations Plan.
4. Residential Uses
The maximum allowed density for new subdivisions, including performance
developments, shall not exceed that permitted by the RA Rural Agriculture
Zoning District.
Unified Development Ordinance | New Hanover County, NC 3-5
3.6.5. CONDITIONAL ZONING (CZ) DISTRICT
A. Purpose
The Conditional Zoning (CZ) District option is established to address situations
where a particular land use would be consistent with the Comprehensive Plan and
the objectives of this Ordinance and only a specific use or multiple specific uses are
proposed and appropriate for the development of a site. The district is primarily
intended for use at transitions between zoning districts of dissimilar character where
a particular use or uses, with restrictive conditions to safeguard adjacent land uses,
can create a more orderly transition benefiting all affected parties and the community
at-large. It is intended only for firm development proposals and should not be used
for tentative projects without definitive plans.
B. Applicability
CZ districts are intended only for voluntary proposals submitted in the names of the
owners of all property included in the petition/application.
C. Districts Established
The following conditional zoning districts, each bearing the designation "CZ", are
hereby established:
1. The residential conditional zoning districts include: CZ-RA, CZ-AR, CZ-
R20S, CZ-R-20, CZ-R15, CZ-R-10, CZ-R-7, CZ-R-5, CZ- RMF-L, CZ-
RMF-M, CZ- RMF-MH, CZ-RMF-H.
2. The commercial and industrial conditional zoning districts include: CZ- B-
1, CZ- CB, CZ-B-2, CZ- O&I, CZ-SC, CZ- CS, CZ-I-1, and CZ-I-2.
D. District Requirements
1. Eligible Uses
Only uses allowed in the corresponding general use district are eligible for
CZ district consideration and any such use within a CZ district shall, as a
minimum requirement, satisfy all the regulations of the corresponding
general use district. Uses allowed by special use permit in the
corresponding general use district shall require a special use permit in the
conditional district. [05-03-2021]
2. Additional Conditions and Requirements
The approval for a specific CZ district shall specify all additional conditions
and requirements that represent greater restrictions on development and
use of the land than the corresponding general use district regulations or
other limitations on land that may be regulated by state law or local
ordinance. Such conditions and requirements shall not specify ownership
status, race, religion, character, or other exclusionary characteristics of the
occupant(s), shall be objective, specific, and detailed to the extent
necessary to accomplish their purpose, and shall relate rationally to making
the approval compatible with the Comprehensive Plan, other pertinent
requirements of this Ordinance, and to securing the public health, safety,
morals, and welfare.
3-6 New Hanover County, NC | Unified Development Ordinance
3. Conceptual Plan
Applications for establishment of a CZ district shall include a conceptual
development plan depicting the proposed development configuration that
conforms to the application requirements for conditional zonings in the
Administrative Manual and any other conditions of approval proposed by
the applicant.
4. Relationship to Overlay District Standards
Regulations governing development in an overlay zoning district shall apply
in addition to the regulations governing development in the CZ district. If
the standards governing a CZ district expressly conflict with those
governing an overlay district, the more restrictive standards shall control.
3-2 New Hanover County, NC | Unified Development Ordinance
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 agricultural uses
might include fruit and vegetable stands, livestock sales, wholesale nurseries, and
stables.
Unified Development Ordinance | New Hanover County, NC 4-3
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
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Unified Development Ordinance | New Hanover County, NC 4-21
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.
5. Parking location and quantity shall be shared.
4-22 New Hanover County, NC | Unified Development Ordinance
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.
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
Unified Development Ordinance | New Hanover County, NC 4-23
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:
4-24 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 4-25
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.
e. Signage
Permanent identification signs for the park may be allowed provided:
4-26 New Hanover County, NC | Unified Development Ordinance
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.
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.
j. Water Supply
All parks shall obtain water from a public source or a source as
approved by the local or state health agency.
Unified Development Ordinance | New Hanover County, NC 4-27
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.
4-28 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 4-29
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.
12. Senior Living: Independent Living Retirement Community
Any independent living retirement community shall comply with the dwelling
type standards applicable for the development or unit type. For example,
if a multi-family structure is included in the development, the dwelling must
comply with multi-family dwelling unit standards. [10-03-2022]
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.
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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.
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, 10-03-2022]]
Group homes shall comply with the following standards:
a. Group homes shall be limited to eight persons with disabilities, 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.
Unified Development Ordinance | New Hanover County, NC 4-31
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.
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.
4-32 New Hanover County, NC | Unified Development Ordinance
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:
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.
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 4-33
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.
iii. Indoor recreation facilities such as basketball courts or similar
facilities.
4-34 New Hanover County, NC | Unified Development Ordinance
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 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.
Unified Development Ordinance | New Hanover County, NC 4-35
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:
i. The antenna support structure (such as ASR registration
number);
ii. The party responsible for the operation and maintenance of the
facility;
4-36 New Hanover County, NC | Unified Development Ordinance
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 4-37
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.
4-38 New Hanover County, NC | Unified Development Ordinance
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
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.
Unified Development Ordinance | New Hanover County, NC 4-39
4. 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.
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.
4-40 New Hanover County, NC | Unified Development Ordinance
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
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.
Unified Development Ordinance | New Hanover County, NC 4-41
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.
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.
4-42 New Hanover County, NC | Unified Development Ordinance
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.
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.
Unified Development Ordinance | New Hanover County, NC 4-43
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.
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.
4-44 New Hanover County, NC | Unified Development Ordinance
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.
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.
Unified Development Ordinance | New Hanover County, NC 4-45
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]
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.
4-46 New Hanover County, NC | Unified Development Ordinance
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:
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.
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.
Unified Development Ordinance | New Hanover County, NC 4-47
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 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.
4-48 New Hanover County, NC | Unified Development Ordinance
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:
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.
Unified Development Ordinance | New Hanover County, NC 4-49
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:
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.
4-50 New Hanover County, NC | Unified Development Ordinance
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.
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.
Unified Development Ordinance | New Hanover County, NC 4-51
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]
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
4-52 New Hanover County, NC | Unified Development Ordinance
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.
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.
Unified Development Ordinance | New Hanover County, NC 4-53
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 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.
4-54 New Hanover County, NC | Unified Development Ordinance
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.
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.
Unified Development Ordinance | New Hanover County, NC 4-55
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:
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.
4-56 New Hanover County, NC | Unified Development Ordinance
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:
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.
Unified Development Ordinance | New Hanover County, NC 4-57
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 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.
4-58 New Hanover County, NC | Unified Development Ordinance
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.
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
Unified Development Ordinance | New Hanover County, NC 4-59
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.
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.
4-60 New Hanover County, NC | Unified Development Ordinance
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.
4.4.3. 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.
Unified Development Ordinance | New Hanover County, NC 4-61
4.4.4. STANDARDS FOR SPECIFIED ACCESSORY USES AND STRUCTURES
A. Accessory Dwelling Unit (ADU)
[01-03-2023]
Detached accessory dwelling units shall be allowed in districts where permitted by
right, subject to the following standards:
1. Only one accessory dwelling units per lot shall be permitted. ADUs are only
permitted on a lot with a single family detached principal dwelling.
2. One street parking spaces shall be required for the accessory dwelling unit.
3. In all districts excluding RA, the detached dwelling unit shall be accessed
using the driveway that serves the principal dwelling unit and shall not be
accessed by a separate driveway.
4. If the property is served by a water/sewer utility provider, 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. If
the property is served by well or septic, the unit shall comply with all the
well and septic standards of New Hanover County Environmental Health.
5. In the RMF and PD districts, accessory dwelling units shall only be allowed
when constructed in connection with any single family detached dwelling
allowed within the district.
4-62 New Hanover County, NC | Unified Development Ordinance
6. For conventional subdivisions, the lot must meet minimum lot area
requirements.
7. In performance subdivisions, accessory dwelling units having up to one
bedroom shall not be considered a dwelling unit for density requirements,
otherwise new accessory units may not increase density beyond the
maximum allowed in the applicable zoning district.
8. The total gross floor area of an accessory dwelling unit shall not exceed
1,200 square feet
9. The side setbacks for the detached unit shall be no less than required for
the principal structure and a minimum of five feet.
10. Rear setbacks for the detached unit shall be a minimum of five feet.
11. The accessory dwelling unit shall be located in the rear yard completely
behind the plane of the front façade of the principal structure unless
constructed over a detached garage.
12. In both conventional and performance subdivision developments, the
accessory dwelling unit shall be located a minimum of ten (10) feet from
any other structure, including other accessory structures.
13. An existing accessory structure can be converted to an accessory dwelling
unit, if it meets all non-dimensional standards listed in Section 4.4.4.A, even
if it does not comply with the built dimensions stated in Section 4.4.4.A. For
this ordinance, existing accessory structure shall not apply to any structure
built after the effective date of this amendment (Effective Date 01/03/2023).
14. Must comply with Article 9 of the UDO Floodplain Requirements.
15. Property owners must provide verification that the proposed accessory
dwelling unit complies with the allocation of impervious surfaces allowed
by the subdivision’s state stormwater permit.
16. A drainage plan subject to approval by New Hanover County Engineering
shall be required for any additions or new structures associated with the
accessory dwelling unit.
17. Mobile homes, RVs, shipping containers, and manufactured homes shall
not be permitted as accessory dwelling units.
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
Unified Development Ordinance | New Hanover County, NC 4-63
feet from any property line and do not encroach into any required
easements or sight angles.
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
4-64 New Hanover County, NC | Unified Development Ordinance
number of machines for a business center, multi-unit or multi-tenant
building exceed ten.
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.
Unified Development Ordinance | New Hanover County, NC 4-65
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
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.
4-66 New Hanover County, NC | Unified Development Ordinance
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:
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.
Unified Development Ordinance | New Hanover County, NC 4-67
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.
4-68 New Hanover County, NC | Unified Development Ordinance
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.
C. Debris Site
[11-16-2020]
Debris sites shall comply with the following standards:
Unified Development Ordinance | New Hanover County, NC 4-69
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.
d. Illumination of signage is prohibited.
12. Parking
4-70 New Hanover County, NC | Unified Development Ordinance
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.
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.
Unified Development Ordinance | New Hanover County, NC 4-71
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.
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
4-72 New Hanover County, NC | Unified Development Ordinance
utilities including power, water supply, wastewater disposal, stormwater
management, and solid waste management shall be submitted to the
Planning Director.
Unified Development Ordinance | New Hanover County, NC 5-1
Article 5: General Development Standards
Section 5.1. Parking and Loading
[11-16-2020]
5.1.1. APPLICABILITY
A. New Development
All new development shall provide off-street parking and loading areas in accordance
with the standards of this section.
B. Existing Development
1. Any change in use of existing development shall be accompanied by
provision of any additional off-street parking and loading spaces required for
the new use by this section, provided that additional off-street parking is not
required if the change in use results in fewer than five additional parking
spaces or less than a five percent increase in required parking spaces.
2. If any existing structure or use is expanded or enlarged (in terms of the
number of dwelling units, guest rooms, floor area, or seats), any additional
off-street parking and loading spaces that may be required shall be provided
in accordance with the requirements of this section as applied only to the
expanded or enlarged part of the structure or use.
5.1.2. MINIMUM OFF-STREET PARKING STANDARDS
A. Minimum Number of Off-Street Parking Spaces
Except as otherwise provided in Section 5.1.3, Alternative Parking Plans, new
development or a change in use or expansion shall provide the minimum number of
off-street parking spaces in accordance with Table 5.1.2.A: Minimum Off-Street
Parking, based on the principal use or uses on the site. Interpretation of the off-street
parking space standards for principal uses with variable parking demands or unlisted
principal uses shall be in accordance with Section 5.1.2.B, Unlisted Uses, below.
5-2 New Hanover County, NC | Unified Development Ordinance
sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per
Use Required Off-Street Parking
Agricultural Uses
Agricultural and Forestry Uses, General No minimum
Livestock Sales No minimum
Stable No minimum
Wholesale Nursery No minimum
Residential Uses
Household Living
Dwelling, Dual-Unit Attached 2/du
Dwelling, Multi-Family 1.5/du with 1 bedroom;
2/du with 2+ bedrooms
Dwelling, Quadraplex 1.5/du with 1 bedroom;
2/du with 2+ bedrooms
Dwelling, Single-Family Detached 2/du
Dwelling, Triplex 1.5/du with 1 bedroom;
2/du with 2+ bedrooms
Dwelling, Row-Style 2/du
Dwelling, Two-Family (Duplex) 2/du
Live/Work or Caretaker Unit 2/du, in addition to parking provided for principal use
Mobile Home 2/du
Mobile Home, Doublewide 2/du
Mobile Home Park 2/du
Mobile Home Subdivision 2/du
Senior Living: Independent Living Retirement
Community 1.5/du plus 2/1,000 sf nonresidential space
Group Living
Family Care Home 2/du
Fraternity/Sorority Residence 1/single occupancy bedroom
2/double occupancy bedroom
Group Home Maximum of 2 plus 1/every 4 beds plus 2 for resident
supervisor(s)
Senior Living: Assisted Living Facility 1 per 3 beds
Unified Development Ordinance | New Hanover County, NC 5-3
sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per
Use Required Off-Street Parking
Senior Living: Continuing Care Retirement
Community
See Senior Living: Independent Living Retirement
Community and Senior Living: Assisted Living Facility
Civic and Institutional
Child and Adult Care
Adult Day Care 1 per 4 clients (per design capacity or state permit)
Child Care Center 1 per 10 children (per design capacity or state permit)
Family Child Care Home 1 space in addition to the 2/du required for the residential
use
Civic
Animal Shelter 2/1,000 sf
Community Center 2.5/1,000 sf
Food Pantry 2.5/1,000 sf
Library 2.5/1,000 sf
Lodges, Fraternal, & Social Organizations 3/1,000 sf
Museum 2.5/1,000 sf
Religious Assembly 1 per 5 seats in largest assembly area
Communication and Information Facilities
Amateur Radio Antennas (up to 90 ft.) No minimum
Antenna & Towers less than 70 ft. in Height & Ancillary
to the Principal Use No minimum
Collocation, Wireless No minimum
Non-Substantial Modification No minimum
Other Wireless Communication Facilities including
Wireless Support Structures & Substantial
Modifications
No minimum
Educational Services
Colleges, Universities, and Professional Schools 2/1,000 sf classroom and research space, plus 1 per 6
seats in largest assembly area
Elementary and Secondary Schools
Kindergarten, Nursery, Elementary, and Junior High
School: 1 per 6 students per design capacity
High School: 1 per 4 students design capacity
Vocation or Trade School
3/1,000 sf
5-4 New Hanover County, NC | Unified Development Ordinance
sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per
Use Required Off-Street Parking
Government Services
Emergency Services Facility 2.5/1,000 sf
Government Offices and Buildings 2.5/1,000 sf
Post Office 2.5/1,000 sf, plus 1 for each post office vehicle stored on
site
Health Care Facilities
Hospice 1 per 4 beds
Hospital 3.5/1,000 sf
Medical and Dental Office and Clinic 3.5/1,000 sf
Nursing and Rehabilitation Center 1 per 4 beds
Urgent Care Facility 3.5/1,000 sf
Recreation, Parks, and Open Space
Boating Facility, Community 1 per boat slip
Boating Facility, Private Residential No minimum
Cemetery No minimum
Community Garden No minimum
Golf Course 2 spaces per hole
Park and Recreation Area No minimum
Transportation
Airport and Terminal No minimum
Bus and Taxi Terminal No minimum
Heliport No minimum
Marina, Commercial 1 per boat slip and 1 per 4 dry storage facilities
Marina, Commercial with Floating Structures 1 per boat slip, 1 per 4 dry storage facilities, and 2 per
floating structure
Railroad Freight Depot 2/1,000 sf office facilities
Railroad Passenger Terminal 2/1,000 sf
Water Transportation Facilities Study required
Utilities
Electric Substation No minimum
Solar Energy Collection Facility 2/1,000 sf office facilities
Utility Lines, Structures, and/or Facilities; General 2/1,000 sf office facilities
Unified Development Ordinance | New Hanover County, NC 5-5
sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per
Use Required Off-Street Parking
Commercial Uses
Amusement & Entertainment Uses
Adult Entertainment Establishment 4/1,000 sf
Bar/Nightclub 6/1,000 sf seating area
Electronic Gaming Operation The greater of: 10/1,000 sf or 1 per 2
terminals/computers
Event Center 5/1,000 sf
Indoor Recreation Establishment Theaters or Indoor Stadiums: 1 per 5 seats
All other uses: 4/1,000 sf
Outdoor Recreation Establishment Stadium or Arena: 1 per 5 seats
All other uses: 4/1,000 sf activity area
Animal Services
Animal Grooming Service 4/1,000 sf
Equestrian Facility No minimum
Kennel 4/1,000 sf
Veterinary Service 3/1,000 sf
Commercial Services
Bank and/or Financial Institution 3/1,000 sf
Business Service Center 3/1,000 sf
Commercial Parking Lot or Facility No minimum
Funeral Services 1 per 5 seats in assembly areas, plus 1 space per
funeral vehicle
Mini-Warehouse/Self-Storage 0.5/1,000 sf rentable storage area
Off-Premises Advertising No minimum
Repair Shop 3/1,000 sf
Food and Drink
Commercial Kitchen, Catering 1.5/1,000 sf
Microbrewery/Microdistillery 8/1,000 sf seating area
Restaurant
6/1,000 sf seating area
Lodging
5-6 New Hanover County, NC | Unified Development Ordinance
sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per
Use Required Off-Street Parking
Bed and Breakfast Inn 1 per bedroom and 2/1,000 sf common indoor space
Campground/Recreational Vehicle (RV) Park 1 per campsite
Hotel or Motel 1 per bedroom and 2/1,000 sf common indoor space
Office
Contractor Office 3/1,000 sf
Labor Organization 2.5/1,000 sf
Offices for Private Business and Professional Activities 2.5/1,000 sf
Personal Services
Dry Cleaning/Laundry Plant 2.5/1,000 sf
Instructional Services and Studios 2.5/1,000 sf
Personal Services, General 2.5/1,000 sf
Retail Sales
Auction House 2.5/1,000 sf
Convenience Store 2.5/1,000 sf
Food Market 2.5/1,000 sf
Grocery Store 2.5/1,000 sf
Oil or Gas Dealer, Retail 2.5/1,000 sf
Pharmacy 2.5/1,000 sf
Retail Nursery 2.5/1,000 sf
Retail Sales, Building and Construction Supplies 2/1,000 sf
Retail Sales, General 2.5/1,000 sf
Vehicle & Equipment Sales & Service
Boat Dealer 3/1,000 sf indoor sales/leasing/office area
Car Wash 3 spaces for every one car the car wash can
accommodate at one time
Equipment Rental and Leasing 2/1,000 sf
Farm Implement Sales 2/1,000 sf
Fuel Sales 1.5/1,000 sf
Mobile Home and Prefab Building Sales 2/1,000 sf
Transportation Vehicle Service and Storage Facility 2.5/1,000 sf indoor office space, plus 1 per repair bay
Vehicle Rentals 3/1,000 sf
Vehicle Sales 3/1,000 sf indoor sales/leasing/office area, plus 1 per
repair bay
Unified Development Ordinance | New Hanover County, NC 5-7
sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per
Use Required Off-Street Parking
Vehicle Service Station, Large Vehicles 2.5/1,000 sf indoor office/waiting area, plus 1 per repair
bay
Vehicle Service Station, Minor 3/1,000 sf indoor office/waiting area, plus 1 per repair
bay
Vehicle Service Station, Major 3/1,000 sf indoor office/waiting area, plus 1 per repair
bay
Vehicle Towing Service and Towing Yard 2/1,000 sf
Industrial Uses
Design & Technology Services
Broadcasting and Production Studio 2.5/1,000 sf
Data Center 1.5/1,000 sf
Research and Development Facility 2.5/1,000 sf
Industry & Manufacturing
Artisan Manufacturing 2.5/1,000 sf
311 Food Manufacturing 1.5/1,000 sf
312 Beverage & Tobacco Product Manufacturing 1.5/1,000 sf
313 Textile Mills 1.5/1,000 sf
314 Textile Product Mills 1.5/1,000 sf
315 Apparel Manufacturing 1.5/1,000 sf
316 Leather and Allied Product Manufacturing 1.5/1,000 sf
321 Wood Product Manufacturing 1.5/1,000 sf
322 Paper Manufacturing 1.5/1,000 sf
323 Printing & Related Support Activities 1.5/1,000 sf
325 Chemical Manufacturing 1.5/1,000 sf
326 Plastics & Rubber Products Manufacturing 1.5/1,000 sf
327 Nonmetallic Mineral Product Manufacturing 1.5/1,000 sf
331 Primary Metal Manufacturing 1.5/1,000 sf
332 Fabricated Metal Product Manufacturing 1.5/1,000 sf
333 Machinery Manufacturing 1.5/1,000 sf
334 Computer and Electronic Product Manufacturing 1.5/1,000 sf
335 Electrical Equipment, Appliance, and Component
Manufacturing 1.5/1,000 sf
336 Transportation Equipment Manufacturing 1.5/1,000 sf
337 Furniture and Related Product Manufacturing
1.5/1,000 sf
5-8 New Hanover County, NC | Unified Development Ordinance
sf = square feet of gross floor area, except where otherwise specified; du = dwelling unit; / = per
Use Required Off-Street Parking
Intensive Industry
Intensive Manufacturing & Processing 1.5/1,000 sf
Other Intensive Industrial Uses No minimum
Warehousing, Storage, & Wholesale Sales and Distribution
Dry Stack Boat Storage Facility, Stand-Alone 1 per 4 dry docks
Motor Freight Transportation Warehousing 2/1,000 sf
Recreational Vehicle and Boat Trailer Storage Lot No minimum
Warehousing 1.5/1,000 sf
Wholesaling 1.5/1,000 sf
Wholesaling Seafood with Water Frontage 1.5/1,000 sf
Waste & Salvage
Commercial Recycling Facility, Large Collection 1.5/1,000 sf
Commercial Recycling Facility, Processing 1.5/1,000 sf
Commercial Recycling Facility, Processing and
Collection 1.5/1,000 sf
Commercial Recycling Facility, Small Collection 1 space
Landfill, Demolition 1.5/1,000 sf office space
Landfill, Landscape 1.5/1,000 sf office space
Junk Yards, Scrap Processing 1.5/1,000 sf
Septage, Sludge Disposal 1.5/1,000 sf office space
B. Unlisted Uses
An applicant proposing to develop a principal use that is unlisted in Table 5.1.2.A:
Minimum Off-Street Parking, shall propose the amount of required parking by one of
the three methods outlined in this subsection. On receiving the application proposing
to develop a principal use not expressly listed in Table 5.1.2.A, the Planning Director
shall:
1. Apply the minimum off-street parking space requirement specified in Table
5.1.2.A for the listed use that is deemed most similar to the proposed use;
2. Establish the minimum off-street parking space requirement by reference to
standard parking resources published by the Institute for Transportation
Engineers (ITE), Urban Land Institute (ULI), National Parking Association, or
the American Planning Association; or
3. Require the applicant to conduct a parking demand study to demonstrate the
appropriate minimum off-street parking space requirement. The study shall
estimate parking demand based on the recommendations of the ITE, ULI, or
another acceptable source of parking demand data. This demand study shall
Unified Development Ordinance | New Hanover County, NC 5-9
include relevant data collected from uses or combinations of uses that are the
same or comparable to the proposed use in terms of density, scale, bulk,
area, type of activity, and location.
C. Mixed-Use Development
1. An applicant for a development containing more than one use may calculate
reduced minimum parking requirements based on the potential to share
parking between uses. The provisions of this subsection C shall not limit the
opportunity for an applicant to reduce the minimum number of off-street
parking spaces through approval of an alternative parking plan in accordance
with Section 5.1.3, Alternative Parking Plans or other provisions of this
Ordinance.
2. The following methodology shall be used to calculate the required parking:
a. The applicant shall determine the minimum parking required for each
component use in the development in accordance with Table 5.1.2.A:
Minimum Off-Street Parking.
b. The applicant shall apply the time-of-day demand factors for each
component use in accordance with Table 5.1.2.C: Shared Parking
Time-of-Day Parking Ratios.
c. The applicant shall calculate the sum of each column in the resulting
table (rounding up all fractions). These sums represent the total
estimated shared demand for each time period throughout a typical
day.
d. The highest of the sums of the columns shall be used as the minimum
amount of parking required for the development.
Use Classification, Category or Type
Weekday Weekend
2 am to
7 am
7 am to
6 pm
6 pm to
2 am
2 am to
7 am
7 am to
6 pm
6 pm to
2 am
Residential 100% 60% 100% 100% 80% 100%
Child care center 0% 100% 40% 0% 80% 20%
Office 20% 100% 20% 5% 10% 0%
Hotel or motel 100% 60% 100% 100% 60% 100%
Personal services 20% 100% 40% 0% 60% 0%
Entertainment venues (e.g. theaters) 0% 40% 100% 0% 60% 100%
Retail sales 0% 100% 80% 0% 100% 60%
All other uses 100% 100% 100% 100% 100% 100%
5-10 New Hanover County, NC | Unified Development Ordinance
5.1.3. ALTERNATIVE PARKING PLANS
The Planning Director may approve an alternate parking plan that proposes
alternatives to providing the number of off-street parking spaces required on a site
by Section 5.1.2, Minimum Off-Street Parking Standards, in accordance with the
following methods and standards.
A. Parking Demand Study
An applicant may demonstrate that the appropriate minimum off-street
parking space requirement for their project is different from the standards
outlined in Section 5.1.2, Minimum Off-Street Parking Standards by
conducting a parking demand study prepared by a professional engineer.
Such a study must illustrate that the minimum parking requirements outlined
in Table 5.1.2.A do not accurately apply to a specific development proposal
and meet the following requirements:
1. The data submitted must include, at minimum, the size and type of
the proposed development, the mix of uses, the anticipated rate of
parking turnover, and the anticipated peak parking and traffic loads of
all uses; and
2. The data must be obtained either from relevant studies published in
referenced journals or other secondary source of comparable
authority; or from primary studies of no fewer than 3 comparable
developments within the regional or comparable market.
B. Shared Off-Site Parking
1. Location
a. The lot in which the parking spaces are located shall be within
660 feet of the primary pedestrian entrances to the uses
shared by the parking, measured by the actual distance via a
pedestrian walkway from the shared parking area to the
primary pedestrian entrances, not a straight-line, point-to-point
distance.
b. Shared parking spaces shall not be separated from the use
they serve by an arterial street unless pedestrian access
across the arterial street is provided by appropriate traffic
controls (e.g. signalized crosswalk) or a separated pedestrian
walkway (such as a bridge or tunnel).
2. Pedestrian Access
Adequate and safe pedestrian access shall be provided between the
shared parking areas and the primary entrances to the uses served
by the parking, by a walkway protected by a landscape buffer or by a
curb separation and elevation from the street grade.
3. Signage
Signage complying with the standards of Section 5.6, Signs, shall be
provided to the public to the shared parking spaces.
Unified Development Ordinance | New Hanover County, NC 5-11
4. Jurisdiction
The alternative parking plan shall include justification of the feasibility
of shared parking among the proposed uses. Such justification shall
address, at a minimum, the size and type of the uses proposed to
share off-street parking spaces, the composition of their tenants, the
types and hours of their operations, the anticipated peak parking and
traffic demands they generate, and the anticipated rate of turnover in
parking space use. The methodology for mixed-use shared parking
in Section 5.1.2.C, Mixed-Use Development, may be used to calculate
the proposed reduction in required off-street parking.
5. Shared Parking Agreement
a. An approved shared parking arrangement shall be enforced
through written agreement among all the owners or long-term
lessees of lands containing the uses proposed to share off-
street parking spaces.
b. The agreement shall provide all parties the right to joint use of
the shared parking area and shall ensure that as long as the
off-site parking is needed to comply with this Ordinance, land
containing either the off-site parking area or the served use
will not be transferred except in conjunction with the transfer
of land containing the other.
c. The agreement shall state that no party can cancel the
agreement without first sending notice via certified mail to the
Planning Director, at least 30 days prior to the termination of
the agreement.
d. The agreement shall be submitted to the Planning Director for
review and approval before execution.
e. An attested copy of an approved an executed agreement shall
be recorded with the Register of Deeds before issuance of a
building permit for any use to be served by the shared parking
area.
f. The agreement shall be considered a restriction running with
the land and shall bind the heirs, successors, and assigns of
the landowner.
g. A violation of the agreement shall constitute a violation of this
Ordinance, which may be enforced in accordance with Article
12: Violations and Enforcement.
h. No use served by the shared parking arrangement may be
continued if the shared parking becomes available to the use
permanently or for longer than 30 days, unless substitute off-
street parking spaces are provided in accordance with this
section.
C. Remote Parking
5-12 New Hanover County, NC | Unified Development Ordinance
If the off-street parking required by this section cannot be reasonably
provided on the same lot on which the principal use is located, the parking
may be provided off-site, provided an alternative parking plan that complies
with the standards of Subsection B.1 through B.5 above are met for the off-
site parking.
D. Deferred Parking
An alternative parking plan may propose to defer construction of up to 25
percent of the number of off-street parking spaces required by Table 5.1.2.A:
Minimum Off-Street Parking, in accordance with the following standards:
1. Justification
The alternative parking plan shall include a study demonstrating that
because of the location, nature, or mix of uses, there is a reasonable
probability the number of parking spaces actually needed to serve the
development is less than the minimum required by Table 5.1.2.A:
Minimum Off-Street Parking.
2. Reserve Parking Plan
The alternative parking plan shall include a reserve parking plan
identifying the amount of off-street parking being deferred and the
location of the area to be reserved for future parking, if future parking
is needed.
3. Parking Demand Study
a. The alternative parking plan shall provide assurance that
within 24 months after the initial certificate of occupancy is
issued for the proposed development, an off-street parking
demand study evaluating the adequacy of the existing parking
spaces in meeting the off-street parking demand generated by
the development will be submitted to the Planning Director.
However, if the Planning Director determines that additional
time beyond 24 months is needed to determine whether the
supply of parking is adequate to meet demand, the Planning
Director has discretion to delay the preparation of the parking
study for up to 24 additional months.
b. If the Planning Director determines that the study
demonstrates the existing parking is adequate, then
construction of the remaining number of parking spaces shall
not be required. If the Planning Director determines the study
indicates additional parking is needed, such parking shall be
provided consistent with the reserve parking plan and the
standards of this section.
4. Use of Reserve Areas
Areas reserved for future parking shall be brought to the finished
grade and landscaped with an appropriate ground cover. These
areas shall not be used for structures, storage, loading, or other
purposes except for temporary overflow parking, provided such use is
sufficiently infrequent to ensure maintenance of its ground cover in a
healthy condition. [05-03-2021]
Unified Development Ordinance | New Hanover County, NC 5-13
E. Valet and Tandem Parking
An alternative parking plan may propose to use valet and tandem parking to
meet a portion of the minimum number of off-street parking spaces required
for commercial uses in accordance with the following standards:
1. Number of Valet or Tandem Spaces
A maximum of 35 percent of the total number of parking spaces
provided may be designated for valet or tandem spaces except for
restaurants, where up to 50 percent of spaces may be designated for
valet parking, and hotels, where up to 60 percent of parking spaces
may be designated for valet parking.
2. Drop-Off and Pick-Up Areas
The development shall provide a designated drop-off and pick-up
area. The drop-off and pick-up area may be located adjacent to the
building served, but shall not be located in a fire lane or where its use
would impede vehicular and/or pedestrian circulation, cause queuing
in a public street, or impede an internal drive aisle serving the
development. Drop-off and pick-up areas shall not be allowed to use
sidewalks for any stationing of vehicles.
3. Valet or Tandem Parking Agreement
a. Valet or tandem parking may be established and managed
only in accordance with a valet or tandem parking agreement.
The agreement shall be for a minimum of 10 years, and
include provisions ensuring that a valet parking attendant will
be on duty during hours of operation of the uses served by the
valet parking.
b. The agreement shall be submitted to the Planning Director for
review and approval before execution.
c. An attested copy of an approved and executed agreement
shall be recorded with the Register of Deeds before issuance
of a building permit for any use to be served by the valet or
tandem parking.
d. The agreement shall be considered a restriction running with
the land and shall bind the heirs, successors, and assigns of
the landowner.
e. A violation of the agreement shall constitute a violation of this
Ordinance, which may be enforced in accordance with Article
12: Violation and Enforcement.
f. No use served by valet or tandem parking may be continued
if the valet or tandem service becomes unavailable
permanently or for more than 30 days, unless substitute off-
street parking spaces are provided in accordance with this
section.
F. Water Vehicle Parking
5-14 New Hanover County, NC | Unified Development Ordinance
Water vehicle parking may be used to meet up to ten percent of the required
off-street parking requirements for commercial establishments located on or
along navigable waters. If water vehicle spaces are provided, a minimum of
two boat slips shall be required. Water vehicle parking is exempt from the
requirements in Sections 5.1.4.A and 5.1.4.B below.
5.1.4. OFF-STREET PARKING DESIGN STANDARDS
A. Surfacing
1. Except as provided in subsections 2 and 3 below, off-street parking and loading
areas for all uses other than single-family detached, two-family, and dual unit
dwellings shall be surfaced with asphalt, concrete, brick, stone, pavers, or an
equivalent hard, dustless, and bonded surface material. Use of surfacing that
includes recycled materials (e.g. glass, rubber, used asphalt, brick, block, and
concrete) is encouraged. These surfaces shall be maintained in a smooth, well-
graded, clean, orderly, and dust-free condition.
2. Intermittent, temporary, or overflow parking spaces, along with parking areas for
Agricultural and Recreation, Parks, and Open Space uses are exempt from the
surfacing requirements outlined in subsection 1 along as parking areas are
brought to the finished grade and landscaped with an appropriate ground cover
maintained in a healthy condition or gravel maintained in a dust-free condition.
3. The use of pervious or semi-pervious parking lot surfacing materials, including,
but not limited to pervious asphalt and concrete, open joint pavers, and
reinforced grass/gravel/shell grids may be approved for off-street parking and
loading areas, provided such surfacing is subject to an on-going maintenance
program (e.g., sweeping, annual vacuuming). Any pervious or semi-pervious
surfacing used for aisles within or driveways to parking and loading areas shall
be certified as capable of accommodating anticipated traffic loading stresses and
maintenance impacts.
B. Design Standards
1. Required off-street parking area for three or more automobiles shall have
individual spaces marked, and shall be designed, maintained, and regulated so
that no parking or maneuvering incidental to parking shall be on any public street,
walk, or alley, so that any automobile may be parked and unparked without
moving another, except as required for valet and tandem parking in accordance
with Section 5.1.3.E, Valet and Tandem Parking.
2. All parking, loading, and service areas shall be separated from abutting
walkways, sidewalks, streets, and required landscaped areas by curbing or other
suitable protective devices to ensure vehicles do not intrude into these areas.
3. Off-street parking areas serving nonresidential uses or mixed-use development
shall be set back a minimum of eight feet from any street right-of-way line (public
or private), access easement, or passageway.
4. Parking lots shall be landscaped in accordance with Section 5.4.5, Parking Lots.
5. Parking lot illumination shall comply with Section 5.5, Exterior Lighting.
6. One-way and two-way accessways into required parking facilities shall be
identified by directional arrows. Any two-way accessway located at any angle
Unified Development Ordinance | New Hanover County, NC 5-15
other than 90 degrees to a street shall be marked with a traffic separation stripe
running the length of the access. This requirement does not apply to parking lot
drive aisles.
7. All automotive vehicle parking spaces and aisles shall comply with the standards
in Table 5.1.4.B: Dimensional Standards for Parking Spaces and Aisles.
Parking Angle
(degrees) Stall Width (ft.)
Stall Depth
Perpendicular to
Curb (ft.)
Aisle Width [3]
One-way/Two-way
Stall Length
Along Curb (ft.)
A B C D E
0 8 8 20/22 22
45 9 19 20/22 13
60 9 20 20/22 10.5
90 9 18 22/22 9
[1] Refer to Figure 5.1.4.B below for illustrations showing how dimensions for parking spaces and aisles in various
configurations are measured.
[2] Dimensional standards may be modified by the Planning Director for ramped, elevated parking structures to
ensure adequate room for parking and maneuvering vehicles is provided.
[3] One-way aisle width may be reduced to a minimum of 11 ft. for 0 degree angled parking; 12 ft. for 45 degree
angled parking; and 15 ft. for 60 degree angled parking if not designed to be used for fire access and approved by
New Hanover County Fire Services.
Figure 5.1.4.B: Measurement of Parking Space and Aisle Dimensions
5-16 New Hanover County, NC | Unified Development Ordinance
8. The dimensions of parking spaces may be reduced in accordance with the
following:
a. Up to 25 percent of parking spaces may be designated for compact
vehicles. Such spaces shall have a minimum width of eight feet
and a minimum length of 16 feet, and shall be identified by proper
signage.
b. Parking spaces used for tandem parking (See Section 5.1.4.E,
Valet or Tandem Parking) may be reduced to a width of eight feet
and a length of 18 feet.
c. Elevated parking structures (i.e., parking garages) may be
permitted in residential districts with a special use permit issued in
accordance with Section 10.3.5: Special Use Permit. They are
permitted by-right in the B-1, CB, B-2, O&I, and AC districts.
C. Water Vehicle Parking
1. Water vehicle parking spaces shall have a minimum width of 10 feet and a
minimum length of 16 feet, and shall be identified by proper signage.
2. Space adjacent to a floating dock shall have a minimum length of 16 feet.
5.1.5. LOADING AREAS
A. Minimum Number of Off-Street Loading Berths
1. Any new development involving the routine vehicular delivery or shipping of
goods, supplies, or equipment to or from the development shall provide a
sufficient number of off-street loading berths to accommodate the delivery
and shipping operations of the development’s uses in a safe and convenient
manner.
2. The minimum number of loading berths for different principal uses are set
forth in Table 5.1.5: Minimum Number of Off-Street Loading Berths; for
Unified Development Ordinance | New Hanover County, NC 5-17
proposed uses not listed in Table 5.1.5, the requirement for a use most
similar to the proposed use shall apply.
3. The Planning Director may approve a reduction to the number of loading
berths required for the use if the applicant demonstrates that the appropriate
minimum loading berth requirement for their project is different from the
standards outlined in Table 5.1.5, Minimum Number of Off-Street Loading
Berths by submitting relevant data obtained either from relevant studies
published in referenced journals or other secondary source of comparable
authority; or from primary studies of no fewer than 3 comparable
developments within the regional or comparable market.
Principal Use
Classification/Category
Size
(dwelling units or gross floor area)
Minimum Number of
Loading Berths
Non-Industrial Uses
Household Living Uses (Multi-family
only) and Group Living Uses
Between 100 and 300 dwelling units, and 1
Each additional 200 dwelling units or major
fraction thereof Add 1
Health Care Uses, Commercial
Services Uses, Office Uses,
Personal Services Uses, and Visitor
Accommodations uses (Hotel or
Motel only)
At least 10,000 up to 100,000 sf, and 1
Each additional 100,000 sf or major fraction
thereof Add 1
Commercial Uses not listed
elsewhere
At least 2,000 but less than 20,000 sf 1
At least 20,000 but less than 60,000 sf 2
Each additional 60,000 sf or major fraction
thereof Add 1
Industrial Uses
All Industrial Uses
Up to 25,000 sf 1
At least 25,000 but less than 40,000 sf 2
At least 40,000 but less than 100,000 sf 3
At least 100,000 but less than 160,000 sf 4
At least 160,000 but less than 240,000 sf 5
At least 240,000 but less than 320,000 sf 6
At least 320,000 but less than 400,000 sf, and 7
5-18 New Hanover County, NC | Unified Development Ordinance
Principal Use
Classification/Category
Size
(dwelling units or gross floor area)
Minimum Number of
Loading Berths
Each additional 90,000 sf or major fraction
thereof Add 1
B. Dimensional Standards
1. Each loading berth shall be of sufficient size to accommodate the
types of vehicles likely to use the loading area.
2. The minimum loading berth size that presumptively satisfies loading
berth needs is at least 12 feet wide and 45 feet long in general
industrial, distribution, or warehousing uses, with at least 15 feet
vertical clearance. For all other uses, a berth as short as 33 feet may
be allowed.
3. The Planning Director may require a larger loading berth or allow a
smaller loading berth on determining that the characteristics of the
particular development warrant such increase or reduction.
C. Location of Loading Areas
1. To the maximum extent practicable, loading areas should be located
to the rear of the use they serve.
2. Loading areas should be located adjacent to the building’s loading
doors, in an area that promotes their practical use.
3. Loading areas should be located and designed so vehicles using
them can maneuver safely and conveniently to them from a public
street and complete loading entirely within the site, without obstructing
or interfering with any parking space, parking lot aisle, or public right-
of-way, unless approved as part of a Master Development Plan or
conditional rezoning (e.g., for a mixed-use development project with
internal streets).
Unified Development Ordinance | New Hanover County, NC 5-19
Section 5.2. Traffic, Access, and Connectivity
5.2.1. VISIBILITY AT INTERSECTIONS IN RESIDENTIAL DISTRICTS
On a corner lot in any residential district, nothing shall be erected, placed, planted or
allowed to grow in such a manner as materially to impede vision between a height of
three and ten feet above the finished grades of the intersecting streets in the area
bounded by the street rights-of-way of such corner lots and a line joining points along
said streets rights-of-way, 50 feet from the point of intersection.
5.2.2. DEVELOPMENT ADJACENT TO ROAD, RIGHT-OF-WAY, OR EASEMENT
A. Unless exempted in accordance with B, below, every structure erected or moved
shall be located on a lot adjacent to a road constructed in accordance with applicable
county standards in place at the time, or to a right-of-way or easement which was
platted and recorded prior to 1969.
B. The following are exempt from the requirements of this subsection:
1. Lots of record established prior to October 6, 1969 that comply with the lot
area standards of the district in which they are located;
2. Structures that are to be used in conjunction with a bona fide farming
operation; and
3. Building lots having access over a private driveway or easement at least
30 feet in width to a road, provided the driveway or easement is an
easement appurtenant to three or fewer lots and the easement is solely
owned by a lot owner, or held in common by three or fewer lot owners.
5.2.3. NCDOT DRIVEWAY PERMIT REQUIRED
No building permit for any structure shall be issued which requires NCDOT approval
for a Driveway Permit until NCDOT has issued the permit approval. Evidence of
approval shall accompany the application for building permit.
5.2.4. TRAFFIC IMPACT ANALYSIS WORKSHEET
[03-21-2022]
A. Where an application indicates estimated traffic generation of 100 or more peak hour
trips according to the most current edition of the Institute of Transportation Engineers
(ITE) Trip Generation Manual, the applicant shall be required to provide a Traffic
Impact Analysis (TIA) in accordance with the standards, practices, and policies of the
North Carolina Department of Transportation (NCDOT) and the Wilmington Urban
Area Metropolitan Planning Organization (WMPO).
B. If a TIA is required to be submitted, the applicant or the applicant’s consulting
engineer shall follow all scoping, submittal, review, approval, and appeal procedures
promulgated by the NCDOT and WMPO.
C. Nothing in this section may be construed to exempt an applicant from obtaining other
applicable approvals from the NCDOT, including but not limited to a NCDOT
Driveway Permit.
5-20 New Hanover County, NC | Unified Development Ordinance
Section 5.3. Tree Retention
[11-16-2020]
5.3.1. APPLICABILITY
The standards of this section shall apply to all lands and development under the
County’s zoning jurisdiction except the following:
A. Properties that are taxed on the basis of present-use value as forestland in
accordance with Article 12, Chapter 105, N.C.G.S., or that are otherwise exempt
under state law;
B. Forestry activity that is conducted in accordance with a forest management plan that
is prepared or approved by a forester registered in accordance with Chapter 89B,
N.C.G.S.;
C. Any lot of record that is less than one acre in area and located in a residential zoning
district;
D. Any residential lot that is less than one acre and shown on an approved preliminary
plan; and
E. Residential subdivisions of five or fewer lots unless they are subject to an Additional
Dwelling Allowance special use permit or MDP Master Plan; and
F. Trees that are subject to the requirements of this section, but that are demonstrated
to be dead, dying, or diseased by greater than 50 percent, as a result of natural
factors.
5.3.2. FORESTRY AND PROPERTY CLEARING
A. A letter of exemption for timber harvest or other exempted forestry activity shall be
issued by the Planning Director prior to the removal of any documented, significant,
or specimen trees subject to the requirements of this section, based on proof of
exemption in accordance with N.C.G.S. 160D-921.
B. While exempted forestry activities are not subject to the tree retention requirements
of this section, failure to obtain an exemption to a tree removal permit prior to any
timber harvest or other property clearing activity will result in the denial of a building
permit, site plan approval, or subdivision approval for a period of three years,
regardless of any change in ownership, if the harvest results in the removal of all or
substantially all documented, significant, or specimen trees from the tract. The denial
period shall be increased to five years in situations where removal of all or
substantially all regulated trees was a willful violation of these County regulations.
5.3.3. TREE INVENTORY
[10-03-2022] [11-14-2022]
Regulated trees existing on a site at the time of development application shall be
inventoried by any of the following methods, unless the site is subject to incentives
as outlined in 5.3.8, Optional Incentives for Retaining Trees:
A. A field or ground survey indicating the location, size, and species of each regulated
tree;
B. A fixed plot sampling tree inventory as described in the New Hanover County Tree
and Landscaping Manual; or
Unified Development Ordinance | New Hanover County, NC 5-21
C. Other tree inventory method approved by the Planning Director.
Areas that will not be disturbed shall be delineated as such and do not require
inventorying individual trees.
5.3.4. TREE RETENTION STANDARDS
A. Identification of Regulated Trees
Three types of trees are regulated or protected by this section. They are Documented
Trees, Significant Trees, and Specimen Trees. This categorization of trees is based
on the tree species and existing minimum Diameter at Breast Height (DBH) of the
trees. Documented Trees, Significant Trees, and Specimen Trees regulated or
protected by this section are identified in Table 5.3.4.A: Regulated Trees.
Dogwoods and American Hollies 4 inches
Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 8 inches
Other Conifers 12 inches
Dogwoods, Magnolias, Native Flowering Trees, and American
Hollies 8 inches
Long Leaf Pine, Pond Cypress, Bald Cypress, and Hardwoods* 18 inches
Other Conifers 24 inches
Live Oaks, Pond Cypress, and Bald Cypress 36 inches
* Only includes Sweetgums when they are located within required vegetative buffer areas or
required open space set-asides
B. The Planning Director may permit or require a reduction in required street yards,
landscape islands, foundation plantings, setbacks, or other dimensional, parking, or
landscaping standards for the purpose of retaining significant or specimen trees,
including on single family lots otherwise exempt from these standards. [10-03-2022]
C. A minimum of 15 trees at least two inches DBH or two caliper inches, as applicable,
shall be retained or planted on a parcel where development occurs in accordance
with Section 5.4, Landscaping and Buffering.
D. Regulated trees within a 50-foot perimeter of the property must be retained and
protected during non-exempt tree harvests. All significant trees shall be retained.
5-22 New Hanover County, NC | Unified Development Ordinance
E. If existing trees and shrubs on the site where a transitional buffer is required meets
at least 50 percent of the required opacity standards, then those trees and shrubs
shall be retained for use in buffering and supplemented as needed with plantings,
fences, and/or berms to meet the required standards of Section 5.4.3, Transitional
Buffer Standards. In all cases, existing trees (unless invasive) greater than eight
inches DBH shall not be removed from a 20-foot buffer strip, unless the Planning
Director determines removal of such trees is necessary for the installation of utilities
or other required essential improvements. The retention requirements in this section
shall not apply to existing trees or shrubs identified as invasive species, as defined
in this Ordinance.
5.3.5. TREE REMOVAL PERMITS
A. Unless a waiver, exemption, or exception applies in accordance with Section 5.3.1,
Applicability or Section 10.3.9.B.2, Waivers, Exemptions, and Exceptions, no person,
directly or indirectly, shall remove any regulated tree identified in Section 5.3.4, Tree
Retention Standards, from public or private property without first obtaining a tree
removal permit in accordance with Section 10.3.9, Tree Removal Permit.
B. Unless a waiver, exemption, or exception applies in accordance with Section
10.3.9.B.2, Waivers, Exemptions, and Exceptions, a tree removal permit authorizing
removal is required before any clearing, grading, or other authorizations may be
issued, including building permits. The portion of the tree removal permit approving
the required mitigation plan shall not be required until after construction plan
approval. [10-03-2022]
C. The removal of any specimen tree is prohibited on any parcel unless exempt
according to Section 10.3.11, Variance – Zoning and Subdivision. If a specimen tree
is removed without a permit, the penalty for this violation shall be twice the mitigation
fee.
5.3.6. TREE PROTECTION DURING CONSTRUCTION
A. Existing trees retained on the site to comply with the standards of this section shall
be identified on the required landscape plan. An undisturbed area with a porous
surface shall be reserved around each tree as determined by the tree’s drip ring of
its natural canopy.
B. Prior to any clearing, grading, or construction activity, approved tree protection
fencing, such as safety barrier fencing, a wooden slat snow fence or wire fence, shall
be installed around protected trees or tree stands located in construction areas or
other site areas that will be disturbed by construction activities. The fencing shall be
a minimum of four feet in height and be of durable construction. Tree protective
fencing shall remain in place through completion of construction activities.
C. No construction workers, tools, materials, or vehicles are permitted within the tree
protection fencing.
D. If an existing tree retained to comply with the standards of this section is destroyed,
substantially damaged, or dies as a result of negligence on the part of the property
owner within three years after completion of construction, then replacement trees
shall be planted on the site with a total diameter equal to twice the diameter of the
retained tree. A minimum growing area of 144 square feet shall be provided for each
replacement tree. If the Planning Director determines it is infeasible or for
replacement tree(s) to be accommodated on the site, then a payment may be made
Unified Development Ordinance | New Hanover County, NC 5-23
to the County’s Tree Improvement Fund equivalent to the pricing standards in the
County fee schedule.
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 are not required to
mitigate removed Significant and Specimen trees within the development envelope
of a project as long as existing tree coverage outside the development envelope is
retained in accordance with Table 5.3.7.E below. Such areas of retained trees
must be in a strip or patch and be depicted and labeled on approved site plans.
These properties shall still meet all requirements of Section 5.4, Landscaping and
Buffering or, if the Planning Director determines that required plantings cannot be
accommodated on the site, pay an in-lieu fee as described in D above.
Retention Requirement for Each Regulated Tree
Number of Existing
Native Trees Minimum DBH of
Retained Trees, Inches
Dogwoods, Magnolias, Native Flowering Trees, and
American Hollies 4 4
Longleaf Pine, Bald Cypress, Pond Cypress, and
Hardwoods 9 6
Other Conifers 12 6
Specimen Trees
Live Oaks, Pond Cypress, and Bald Cypress 18 6
[11-14-2022]
5-24 New Hanover County, NC | Unified Development Ordinance
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.
5.3.8. OPTIONAL INCENTIVES FOR RETAINING TREES
[11-14-2022]
A. The retention of existing trees on a site is encouraged. As an incentive to encourage
the retention of as many existing trees and existing tree stands on a site as possible,
the following credits may be applied to all existing non-invasive trees in good health
and condition that are retained on a site to protect tree canopy, native species, and
existing natural habitat and as long as the applicable standards of this section are
fully met.
1. One parking space from the minimum number of parking spaces required
by Table 5.1.2.A: Minimum Off-Street Parking, may be credited for every
three existing Documented Trees or two existing Significant Trees retained
on a site, up to a maximum of a 15 percent reduction of the parking
requirements.
2. Retention of existing unregulated or Documented Trees a minimum of 2
inches DBH counts for mitigation of the removal of Significant Trees with
every inch at DBH retained counting for one mitigation inch.
3. Retention of existing native species unregulated or Documented Trees a
minimum of 2 inches DBH counts for the mitigation of Significant Trees or
Specimen Trees removed with an approved variance, with every inch at
DBH retained counting for one mitigation inch for Specimen Trees and 1.5
mitigation inch for Significant Trees.
4. Retention of existing trees growing in mature native forests, as determined
by a certified arborist, a North Carolina licensed forester, a landscape
architect, or other person skilled and experienced in identifying native tree
species, counts for mitigation of the removal of Significant Trees or
Specimen Trees removed with an approved variance, with every aggregate
inch at DBH counting for one mitigation inch for Specimen Trees and 1.5
mitigation inch for Significant Trees.
5. Retention of existing trees growing in stands or natural clusters, as
determined by a certified arborist, North Carolina licensed forester, a
landscape architect, or other person skilled and experienced in identifying
native tree species, counts for the mitigation of Significant Trees or
Specimen Trees removed with an approved variance, with every aggregate
inch at DBH retained counting for one mitigation inch for Specimen Trees,
1.5 mitigation inch for Significant Trees if primarily composed of native
species, and 1.0 mitigation inch for Significant Trees if primarily non-native
species.
Unified Development Ordinance | New Hanover County, NC 5-25
6. For 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:
a. A tree inventory shall not be required for development of sites that
provide a combination of retained and newly planted native trees that
cover a minimum of 10% of the parcel, minus the water surface area of
water bodies (excluding stormwater facilities), conservation resources
identified in Section 5.7, Conservation Resources, and existing
easements. Retained trees in patches or strips must have a minimum
density of 80 trees/acre in trees of minimum 4-inch DBH. Planted trees
of minimum caliper of 2 inches must be spaced at minimum of 15 feet.
b. Retention of existing tree coverage may replace required street yard
and transitional buffer landscaping at a rate of one square foot in basal
area of retained trees for one square foot in basal area of required
landscaping trees. Retention of existing tree coverage may replace
required foundation landscaping area on a square foot for square foot
basis as long as the tree coverage meets the density requirements
outlined in subsection a above. Landscaping may be retained at any
location on the subject site, but at least one half of tree retention to
replace street yard or buffer plantings must be located within the
required street yard area or buffer area, as applicable
B. If a retained documented tree or significant tree or tree retained for mitigation
purposes dies within three years of the date of construction on the site, it shall be
replaced in accordance with Section 5.3.7, Mitigation.
5.3.9. REMOVAL OF HAZARDOUS TREES
A. The Planning Director may cause or order removal of any tree or part of a tree, on
public or private property, that is in an unsafe condition, damaging to sewers or other
public improvement facilities, or infested by an injurious fungus, disease, insect, or
other pest.
B. The Planning Director may cause or order necessary treatment for any tree on public
or private property that is infested by any injurious fungus, disease, insect, or other
pest when such action is determined necessary to prevent the spread of any such
injurious conditions or pest and to prevent danger to persons or property, or to
vegetation planted on adjacent property.
C. No foliage shall be allowed to extend from public or private property into any portion
of a street right-of-way below a height of eight feet above the grade of the sidewalk
at the property line or, if no sidewalk grade has been established, as measured from
the center of the roadway. The Planning Director may cause or order corrective
action to prevent any such condition from existing.
Section 5.4. Landscaping and Buffering
[11-16-2020]
5-26 New Hanover County, NC | Unified Development Ordinance
5.4.1. APPLICABILITY
A. Except where expressly exempted, these standards shall apply to all development
within the County’s planning jurisdiction except for single family residences being
constructed on lots of two acres or less.
B. In cases of expansions to existing principal structures or uses, all newly developed
portions of the site shall be subject to the full landscaping requirements of this
section. Landscaping upgrades for previously developed portions of the site, up to
the maximum landscaping required, shall be provided in accordance with Table
5.4.1.B: Landscaping Upgrade Standards.
10 and up to 25 percent increase in gross
floor area or vehicle use area, OR
Between 5 and 20 new parking spaces
required
50 percent of the
required width for
new construction
4 percent of
parking lot
area
A 6-10 ft. tall
fence or 50
percent of
width required
for new
construction
Greater than 25 and up to 50 percent
increase in gross floor area, OR
Over 10,000 square feet increase in gross
floor area, OR
21 up to 50 new parking spaces required
15 per
acre
Full width to the
extent practicable
but in no case
less than 50
percent of the
required width for
new construction
6 percent of
parking lot
area if
possible, but
no less than 4
percent
A 6-10 ft. tall
fence or 50
percent of
width required
for new
construction
Greater than 50 percent increase in gross
floor area or vehicular use area, OR
Over 20,000 sq. ft. increase in gross floor
area, OR
More than 50 new parking spaces required
15 per
acre
Full width
required for new
construction
8 percent of
parking lot
area
Full width as
required for
new
construction
C. When a subdivision of previously developed property occurs and a building permit
for new construction is obtained for any newly created parcel within two years of the
date that the final subdivision plat was approved, all parcels of the original tract shall
comply with the provisions outlined in Table 5.4.1.AB for expansions.
D. For consecutive expansions occurring within any two-year period, the amount of the
expansions shall be summed, and the maximum landscaping required for the total
extent of the expansions shall be provided.
E. Notwithstanding the above requirements, expansions to existing structures of uses
amounting to no more than a total of 500 square feet of gross floor area over a two-
year period shall be exempt from the street yard and interior parking lot landscaping
standards.
5.4.2. GENERAL STANDARDS
A. All plant materials and their spacing requirements, which are to be planted to meet
the opacity and height requirements of this section, shall be either selected from the
manual New Hanover County Tree and Landscaping manual prepared by the County
Planning and Land Use Department and incorporated herein by reference (it is
Unified Development Ordinance | New Hanover County, NC 5-27
available in the County Planning and Land Use Department), or approved by the New
Hanover County Agricultural Extension Service. Unless otherwise specified, any
canopy tree planted to meet the requirements of this section shall be a minimum of
2-inch caliper in size at the time of planting and any understory tree planted to meet
the requirements of this section shall be a minimum of 8 feet in height at time of
planting. [05-03-2021]
B. A minimum of 15 trees of at least two inches DBH or two caliper inches, as applicable,
shall be retained or planted on a parcel where development occurs for each acre or
proportionate area disturbed by the development. Trees retained on the parcel in
accordance with Section 5.3, Tree Retention shall count toward this requirement.
C. Existing vegetation in good health and condition that meets all applicable standards
of this section may be used to satisfy any planting requirements of this section,
provided the vegetation and any trees are protected before and during development,
in accordance with Section 5.3.6, Tree Protection During Construction.
D. Up to 15 percent of the area to be landscaped may be covered with surfaces
specifically intended to afford intensive use and enjoyment by employees or the
public (such as walking paths, benches, and table pads, etc.).
E. Unobstructed visibility shall be maintained at all driveways and roadway
intersections, at elevations between three and seven feet of the pavement level within
the driveway or roadway’s sight triangle, or any area required by the NCDOT.
F. It is encouraged that stormwater management systems be integrated into the
landscaping plan.
G. No certificate of occupancy for any construction or renovation shall be issued until
one of the following conditions is met:
1. The required landscaping is completed in accordance with the approved
plan;
2. A bond or certified check, in an amount submitted by the developer and
certified by the County Commissioners to be acceptable, is posted and is
available to the County; or
3. An irrevocable letter of credit or deposit of funds in escrow, in an amount
submitted by the developer and certified by the County Commissioners to
be acceptable, is issued by a bank in a form approved by the County
Attorney.
H. No surety or portion thereof, as provided for in this section, shall be released until all
landscaping is installed, inspected, and approved.
5.4.3. TRANSITIONAL BUFFER STANDARDS
A. Transitional buffers are intended to protect adjoining land uses, particularly
residential, from the noise, heat, dust, lights, threats to privacy, and aesthetic impacts
of more intensive land uses.
B. Required Width of Plantings
1. Buffer Types
The width of a transitional buffer and the required quantity and type of
plantings varies based on the nature of the proposed adjacent uses. Table
5-28 New Hanover County, NC | Unified Development Ordinance
5.4.3.B.1: Required Transitional Buffers, establishes the type of buffer that
is required between two adjacent land uses. Each buffer type is described
in Table 5.4.3.B.2: Landscape Buffer Types.
Single-Family Detached or Two-Family
(Duplex) Dwelling Units N/A N/A
All Other Residential Uses Type A: Opaque Buffer N/A
Civic & Institutional and Commercial Uses Type A: Opaque Buffer N/A
Industrial Uses Type A: Opaque Buffer Type B: Aesthetic Buffer
2. Minimum Width and Plantings
a. The standards for each buffer type are described in Table 5.4.3.B.2:
Landscape Buffer Types.
b. The width of the required buffer in particular locations may be reduced
by up to 50 percent as long as the total area of landscape buffer that is
provided is the same as if the width of the buffer were not reduced, and
the Planning Director determines that the amount of screening where
the width is reduced will be sufficient to accomplish the purposes of
Section 5.4.3.
Option 1:
Vegetation Only
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, 20 feet, or 25 percent of the minimum structure setback for taller
structures outlined in Section 3.1.3.C, whichever is greater.** [11-01-2021]
Planted materials shall be a minimum of six feet in height and provide approximately full opacity
within one year of planting.*
A minimum of three rows of planted material are required.
Unified Development Ordinance | New Hanover County, NC 5-29
Option 2:
Combination
Berm &
Vegetation
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, 20 feet, or 25 percent of the minimum structure setback for taller
structures outlined in Section 3.1.3.C, whichever is greater.** [11-01-2021]
The berm shall be constructed of compacted earth. The slope of the berm shall be stabilized
with vegetation and shall be no steeper than 3:1. The height of the berm shall be six feet or less
with a level or rounded area on top.
The combined height of the berm and planted vegetation shall provide approximately full opacity
to a minimum height of six feet within one year of planting. The height of the berm and
vegetation shall be measured from the ground level at the nearest lot boundary line.*
Option 3:
Combination
Fencing &
Vegetation
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, 10 feet, or 20 percent of the minimum structure setback for taller
structures outlined in Section 3.1.3.C, whichever is greater.** [11-01-2021]
Fencing shall be between 6 and 10 feet in height.
Required planted materials shall be located between the fence and the common property line
unless otherwise specified.
If solid fencing is used, planted materials a minimum of three feet in height and providing a
minimum of approximately 50 percent visual opacity at initial planting shall be required.
Vegetation shall be planted between the fence and the nonresidential or attached structure if
the required buffer is 15 ft. or less in width to accommodate regular maintenance.*
If permeable fencing is used, a minimum of two rows of planted materials providing
approximately full opacity within one year of planting are required.*
Option 1:
Vegetation Only
Width: 20 ft. minimum
Planted materials shall provide approximately 50 percent opacity within one year of planting.*
A minimum of three rows of planted material, using a minimum of two plant species that will
result in different heights at maturity, are required.
Option 2:
Combination
Fencing &
Vegetation
Width: 10 ft. minimum
Planted materials shall provide approximately 50% opacity within one year of planting.*
Fencing shall be between 4 and 10 feet in height.
Planted materials shall be planted between the fence and the industrial use with sufficient space
to accommodate regular maintenance.
If permeable fencing is used, at least one row of planted materials is required. Chain link or
wire fencing cannot be used to meet the fencing requirement.
* Plants and spacing to achieve the height and opacity requirements of this buffer option are outlined in the New
Hanover County Tree and Landscaping Manual.
** If the applicant increases the required buffer width, an equivalent reduction in a building’s setback is allowed,
except for interior side and rear setbacks from residential properties in the B-1, B-2, and O&I districts.
c. If existing trees and shrubs in the location of a required transitional
buffer meets at least 50 percent of the required opacity standards, then
those trees and shrubs shall be retained for use in buffering and
supplemented as needed with plantings, fences, and/or berms to meet
the standards of this subsection. Existing trees greater than eight
inches DBH shall not be removed from the required buffer area, unless
the Planning Director determines removal of such trees is necessary
5-30 New Hanover County, NC | Unified Development Ordinance
for the installation of utilities or other required essential improvements.
The retention requirements in this section shall not apply to existing
trees or shrubs identified as invasive species, as defined in this
Ordinance.
C. Activities and Development Within Buffer
No transitional buffer required by this section may contain any building or structure
or extension of any building or mechanical system. This prohibition shall apply at the
time of issuance of a certificate of occupancy and at any time thereafter, and shall
include but not be limited to: porches, decks, patios, HVAC components, waste
containers, storage buildings, or any other fixture or permanent structure.
Development within the buffer yard shall be limited to the following:
1. Fences and walls;
2. Retaining walls; and
3. Sidewalks, trails, and bike paths, provided that required opacity is
maintained in all locations except connections to off-site sidewalks, trails,
or bike paths.
5.4.4. SCREENING
A. The following uses shall be shielded from view from the property line of an existing
residential use by means of a 100 percent opaque solid wall:
1. Loading/unloading areas; and
2. Heating/air conditioning units, excluding roof mounted units.
B. The following uses shall be screened from view from the property line of an existing
residential use by means of a solid fence:
1. Dumpsters or other trash holding areas; and
2. Outside storage areas.
C. The following uses shall be screened from the view of any public right-of-way or
adjacent property by vegetative materials, berms, fencing, walls, and/or any
combination thereof to a height of at least eight feet:
1. The rear side (if no public access is provided) of a building where that side
abuts a street right-of-way; and
2. Any dumpster or trash receptacle storage area used in connection with any
business establishment.
5.4.5. PARKING LOTS
A. Landscaping in accordance with the standards in this section shall be required for all
off-street parking lots with five or more spaces, or at least 2,500 square feet devoted
to vehicular use. A landscaping plan shall be submitted in accordance with the
requirements outlined in the Administrative Manual.
B. Landscaping shall be required for parking lot perimeters in accordance with the
specifications outlined in Table 5.4.5.B: Standards for Parking Lot Perimeter
Unified Development Ordinance | New Hanover County, NC 5-31
Landscaping, provided that where a perimeter landscaping strip overlays a required
street yard or transitional buffer, the more stringent requirements shall apply.
Applicability • A landscaped strip shall be required along any side of a parking lot abutting
another parking lot or land in a Residential zoning district .
Dimensional
Standards • The perimeter landscaping strip shall be a minimum of ten feet in width.
Plantings Required
• A minimum of one evergreen or deciduous tree for every 20 linear feet of
planting strip on average, rounded to the highest whole number, shall be
planted within the planting strip.
Design Alternatives
• When adjacent to another parking lot, the landscaping strip may be interrupted
by driveway connections between parking lots. If adjacent parking lots are
developed concurrently, then both properties can install a five-foot strip or
footages adding up to ten feet, mutually agreed upon in writing by the two
property owners.
• A landscaped strip shall not be required between adjacent parking lots that
share a double parking row split along the middle of a drive aisle.
• A perimeter landscaped strip may be used as part of a transitional buffer
required in accordance with Section 5.5.4
C. Landscaping for parking lot interiors shall be in accordance with the requirements in
Table 5.4.5.C: Standards for Parking Lot Interiors.
Dimensional
Standards
• Landscaped areas in the interior of parking lots shall be equal to eight percent
of the total area to be used for parking, loading, automobile sales, driveways,
internal drive aisles, and other vehicular or pedestrian use.
• Landscaping islands, either separate from or protruding from perimeter
landscaping strips, shall be a minimum of 12 feet in width measured from back
of curb to back of curb.
Plantings Required
• One planted or existing tree shall be required for every 144 square feet rounded
to the next lowest whole number of total interior landscaped area, with a
minimum of one tree in each island.
• At least 75 percent of trees required for interior landscaping shall be of a
shade/canopy species.
• The remainder of interior landscaped area shall be covered with appropriate
mulching or vegetative groundcover, except for designated pedestrian
walkways.
Design Standards
• No parking space shall be located more than 120 feet from a landscaped
island.
• All parking spaces shall be blocked or curbed to prevent vehicles from
encroaching more than one foot into planting islands or landscaped yards or
damaging adjacent fences or screens.
• Depressions and curb cuts shall be allowed for water quality protection.
5-32 New Hanover County, NC | Unified Development Ordinance
Design Alternatives
• The interior landscaping requirement for storage facilities can be met with
landscaped islands on the ends of buildings and with protruding perimeter
landscaping.
• Interior landscaping within automobile sales lots may be distributed so that
smaller understory trees are utilized toward the interior of the lot and shade
trees are placed toward the perimeter.
• For redevelopment of nonconforming parking facilities containing a total of 5-
25 parking stalls, a perimeter landscaped strip a minimum width of ten feet may
be provided in-lieu of interior landscaping. For every 40 linear feet, or fraction
thereof, the perimeter strip shall contain a minimum of one canopy tree or three
understory trees AND a continuous row of evergreen shrubs a minimum 18
inches in height at time of planting.
D. When a parking lot is within 50 feet of a right-of-way, and no other provisions of this
Ordinance require a planted buffer, a low landscaped screen shall be installed along
any portions of the parking lot along the right-of-way and be incorporated into the
street yard to provide protection from the headlights of vehicles within the parking lot.
The landscaped screen shall comply with the following standards:
1. The landscape screen shall consist of shrubbery, a grade change, a
planted berm, or any combination thereof a minimum of three feet in height.
2. If the landscape screen is at least 15 feet in width, the landscape screen
may be continuous and incorporated into the street yard landscaping area.
3. Depressions and curb cuts shall be allowed for water quality protection.
E. The Planning Director may waive all or part of the requirements of this section if:
1. The parking lot is limited to periodic or intermittent use as a vehicular parking
lot for Religious Assemblies or Park and Recreation Areas, provided the
parking lot is completely covered by grass or otherwise presents a landscaped
effect.
2. The parking lot is a temporary parking lot for a period of no more than one
year in length and it will not violate the purposes of this section and this
Ordinance.
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
Unified Development Ordinance | New Hanover County, NC 5-33
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.
B-2, CS, I-1, I-2, AC
• 25 square feet for every linear foot of street
yard frontage
• Minimum street yard width: 12.5 feet
• Maximum street yard width: 37.5 feet
B-1, CB, O&I, RMF-L, RMF-M, RMF-MH,
RMF-H, EDZD, UMXZ Districts
Developments with Additional Dwelling
Allowance or High-Density Development
Special Use Permit [09-08-2020] [03-21-2022]
• 18 square feet for every linear foot of street
yard frontage
• Minimum street yard width: 9 feet
• Maximum street yard width: 27 feet
Non-Residential Uses in Residential
Districts
• 12 square feet for every linear foot of street
yard frontage
• Minimum street yard width: 8 feet
• Maximum street yard width: 18 feet
− The road fronting width of driveways are not included in the linear street frontage when
determining the base street yard area. [09-08-2020]
− The area of any walkways, sidewalks or other bicycle and pedestrian facilities, and transit
amenities shall be subtracted from the base street yard area required above to get the total
required street yard area.
− Areas designated for stormwater functions, except piped areas, shall not be included in the
required street yard area.
− The applicant may choose to increase the required square footage per linear foot up to 25
percent to receive an equivalent reduction in the building’s front yard setback.
− 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 as long as
it remains in compliance with the minimum and maximum widths outlined above.
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
5-34 New Hanover County, NC | Unified Development Ordinance
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 New Hanover County Tree and
Landscaping Manual, a minimum of two inches caliper in size at time of planting,
planted along every 40 feet of road frontage on average. Plantings may be moved
outside this area if it is determined that overhead power lines or other site features
would interfere with the trees’ natural growth. [11-14-2022]
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.
5.4.7. FOUNDATION PLANTINGS
A. Foundation plantings located between the building face and the parking lot or drive
aisle shall be required for all portions of buildings adjacent to parking lots or internal
drive aisles.
B. The following minimum standards are required, though additional landscaping is
encouraged:
1. The foundation planting area shall be 12 percent of the area of the first-
floor building face, or building face up to 25 feet in height, whichever is less,
adjacent to the parking area or internal drive; and
2. The foundation planting area shall be planted as landscaped areas of
sufficient variety, height, and size, with plantings listed in New Hanover
County Tree and Landscaping Manual. [03-21-2022]
C. Exemptions from foundation plantings may be granted by the Planning Director when
the following circumstances exist or when any of the following conditions are
proposed on the site:
1. For those portions of buildings that have drive-up services (e.g.,
pharmacies, banks, fast food restaurants, dry cleaners, photo shops, etc.);
and
Unified Development Ordinance | New Hanover County, NC 5-35
2. On the rear side of a building when less than 10 percent of the total required
parking is located in the rear of the building and the rear is not adjacent to
any public right-of-way.
5.4.8. MAINTENANCE
A. All existing vegetation that is used to comply with the landscaping requirements, all
required planted living material, and all required berms shall be maintained by the
owner of the property on a continuing basis.
B. Any planted material that becomes damaged or diseased or dies shall be replaced
by the owner within 60 days of the occurrence of such condition. If the Planning
Director determines there are seasonal conditions that will not permit the timely
replacement of the vegetation (e.g. too hot or too cold for successful replanting), the
Planning Director may modify the requirement until a time certain when the replanting
would be successful.
C. Artificial fencing and nonliving screening buffers shall be maintained, cleaned, and
repaired by the owner of the property on a continuing basis. Such fencing shall be
kept free of litter and advertising.
5-36 New Hanover County, NC | Unified Development Ordinance
Section 5.5. Exterior Lighting
[09-08-2020]
5.5.1. PURPOSE AND INTENT
The purpose and intent of this section is to regulate exterior lighting to:
A. Ensure all exterior lighting is designed and installed to maintain adequate lighting
levels on site:
B. Assure that excessive light spillage and glare are not directed at adjacent property,
neighboring areas, or motorists;
C. Provide certainty during the development review process; and
D. Provide security for persons and property.
5.5.2. APPLICABILITY
A. General
Unless exempted by subsection B below, the standards in this section apply to:
1. All new non-residential, mixed-use, and multi-family development;
2. Any individual expansion of a building in a non-residential, mixed-use, or
multi-family development if the expansion increases the building’s floor
area by 50 percent or more; and
3. Any expansion or alteration of a lighted outdoor area.
B. Exemptions
The following types of lighting are exempted from the standards of this section:
1. Lighting exempt under state or federal law;
2. FAA-mandated lighting associated with a utility tower or airport;
3. Lighting for public monuments and statuary;
4. Lighting solely for signage (for signage lighting standards see Section
5.6.3.D, Lighting);
5. Temporary lighting for circuses, fairs, carnivals, and theatrical and other
performance areas, provided such lighting is discontinued upon completion
of the event or performance;
6. Temporary lighting of construction sites, provided such lighting is
discontinued upon completion of the construction activity;
7. Temporary lighting for emergency situations, provided such lighting is
discontinued upon abatement of the emergency situation;
8. Security lighting controlled and activated by motion sensor devices for a
duration of 15 minutes or less;
9. Underwater lighting in swimming pools, fountains, and other water features;
10. Holiday or festive lighting; and
11. Outdoor lighting fixtures that do not comply with provisions of this section
on September 8, 2020.
Unified Development Ordinance | New Hanover County, NC 5-37
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, approved no later than
at time of construction plan approval. [10-03-2022]
5.5.4. GENERAL STANDARDS
A. Maximum Illumination Levels
Except for street lighting, all exterior lighting and indoor lighting visible from outside
shall be designed and located so that the maximum illumination measured in foot
candles at ground level at a lot line (see Figure 5.5.4.B: Maximum Illumination
Levels) shall not exceed the standards in Table 5.5.4.B: Maximum Illumination
Levels.
Single family detached, two-family (duplex), triplex, and
quadraplex dwellings, or vacant land in the R-20S, R-20,
R-15, and R-10 zoning districts
0.5
All other residential uses and vacant land in all other
Residential districts
1.0
All other uses 2.0
5-38 New Hanover County, NC | Unified Development Ordinance
Figure 5.5.4.B: Maximum Illumination Levels
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. [10-03-2022]
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. [10-03-2022]
Unified Development Ordinance | New Hanover County, NC 5-39
Figure 5.5.4.C: Full Cut-off Fixtures
5.5.5. PROHIBITED LIGHTING
The following lighting is prohibited:
A. Light fixtures that imitate an official highway or traffic control light or sign;
B. Light fixtures that have a flashing or intermittent pattern of illumination, except
as permitted for signage in accordance with Section 5.6.2.D, Lighting;
C. Exterior lighting in the Airport Residential (AR) district that does not comply
with Section 3.2.5.E.1, Lighting;
D. Exterior lighting in the Airport Commerce (AC) district that does not comply
with Section 3.4.9.E.2, Lighting; and
E. Searchlights, except when used by federal, state, or local authorities, or where
they are used to illuminate alleys, parking garages, and working
(maintenance) areas, so long as they are shielded and aimed so that they do
not result in lighting on any adjacent lot or public right-of-way exceeding 2.0
foot candles.
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5.5.6. EXEMPTIONS FOR SAFETY REASONS
A. Government facilities like parks, public safety facilities, and the like, as well as private
development may submit a security plan to the Planning Director proposing exterior
lighting that deviates from the standards in this section. The Planning Director shall
submit the security plan to the Sheriff’s Department for review and shall then approve
or approve with condition the security plan and its proposed deviation from the
standards, upon finding that:
1. The proposed deviation from the standards is necessary for the adequate
protection of the subject land, development, or the public.
2. The condition, location, or use of the land, or the history of activity in the
area, indicates the property or any materials stored or used on it are in
significantly greater danger of theft or damage, or members of the public
are at greater risk for harm than on surrounding property without the
additional lighting; and
3. The proposed deviation from the standards is the minimum required and
will not have a significant adverse effect on neighboring lands.
B. If the Planning Director finds the applicant fails to demonstrate compliance with
subsection A above, the security plan and its proposed deviation from the standards
shall be denied.
Unified Development Ordinance | New Hanover County, NC 5-41
Section 5.6. Signs
5.6.1. PURPOSE
The purpose of this section is to coordinate the type, placement, and physical
dimensions of signs within the different zoning districts; to recognize the commercial
communication requirements of all sectors of the business community; to promote
both renovation and proper maintenance of signs; and to guarantee equal treatment
under the law through accurate record keeping and consistent enforcement. The
general objectives of these standards are to promote the health, safety, welfare,
convenience and enjoyment of the public, and in part, to achieve the following:
A. Safety - To promote the safety of persons and property by providing that signs:
1. Do not create a hazard due to collapse, fire, decay, collision, or
abandonment;
2. Do not obstruct fire-fighting or police surveillance; and
3. Do not create traffic hazards by confusing or distracting motorists, or by
impairing the driver's ability to see pedestrians, obstacles, or other
vehicles, or to read traffic signs.
B. Communications Efficiency - To promote the efficient transfer of information in sign
messages by providing that:
1. Those signs which provide messages and information most needed and
sought by the public are given priorities;
2. Businesses and services may identify themselves;
3. Customers and other persons may effectively locate a business or service;
4. No person or group is arbitrarily denied the use of the sight lines from the
public right-of-way for communication purposes; and
5. Persons exposed to signs are not overwhelmed by the number or size of
messages presented,and are able to exercise freedom of choice to observe
or ignore sign messages, according to the observer's purpose.
C. Landscape Quality and Preservation - To protect the public welfare and to enhance
the appearance and economic value of the landscape by providing that signs:
1. Do not interfere with scenic views;
2. Do not create a nuisance to persons using the public rights-of-way;
3. Do not constitute a nuisance to occupancy of adjacent and contiguous
property by their brightness, size, height or movement;
4. Are not detrimental to land or property values; and
5. Contribute to the special character of particular areas of the community,
helping to orient the observer within it.
D. Outdoor Advertising Signs
1. Outdoor advertising signs are herein regulated for the purposes of
regulating excess signage, encouraging the positive economic
development of the County, preserving and improving tourism views,
promoting the safety of the traveling public, protecting existing property
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values in both residential and nonresidential areas, preventing the
overcrowding of land, and protecting the aesthetics of the County.
2. The regulations are designed to prevent their over-concentration, improper
placement, and excessive height, bulk, number and area. It is recognized
that, unlike on-premise identification signs, which are in actuality a part of
a business, outdoor advertising is a separate and distinct use of the public
thoroughfare. With a view to this distinction, outdoor advertising signs are
regulated differently from on-premise signs.
5.6.2. GENERAL PROVISIONS
A. Compliance with Building and Electrical Codes
All signs shall be constructed in accordance with the requirements of the local and
state Building Code and the National Electrical Code.
1. Anchoring
a. Signs shall be suspended by nonrigid attachments that will allow the
sign to swing in a wind.
b. All freestanding signs and outdoor advertising signs shall have self-
supporting structures erected on or permanently attached to concrete
foundations.
c. All portable signs on display shall be braced or secured to prevent
motion.
2. Wind Loads
Solid signs, and skeleton signs other than wall signs, shall be designed to
withstand a wind load according to the North Carolina State Building Code.
3. Additional Construction Specifications
a. No signs shall be erected, constructed, or maintained so as to obstruct
any required exit, fire escape, window or door opening used as a means
of egress.
b. No sign shall be attached in any form, manner or shape which will
interfere with any opening required for ventilation, except that signs
may be erected in front of and may cover transom windows when not
in violation of the provisions of Fire Prevention Codes.
c. Signs shall be located in such a way as to maintain horizontal and
vertical clearance of all overhead electrical conductors in accordance
with the National Electrical Code specifications.
Unified Development Ordinance | New Hanover County, NC 5-43
4. Maintenance and Removal
Should any sign become in danger of falling or is deemed otherwise unsafe
in the opinion of the Building Safety Director, the owner, or the person or
firm maintaining the same, shall upon written notice from the Building
Safety Director, forthwith in the case of immediate danger and in any case
within 10 days, secure the sign in a manner to be approved by the Building
Safety Director in conformity with the provisions of the state building code,
or remove the sign. If the sign is not removed, the Building Safety Director
or his designated agent may initiate legal procedures to obtain the
necessary court orders to remove such sign at the expense of the owner
or lessee.
B. Abandoned Signs
Any on-premises sign relating to any business or other use shall be removed by the
owner of the sign or property owner within 60 days after such business or activity
has been vacated or terminated. If the sign has not been removed after the removal
time has expired and after proper written notification is given, the Planning Director
may initiate legal procedures to remove the sign(s) at the expense of the owner or
lessee.
C. Sign Measurements
1. General - For the purpose of this section, the area, in square feet, of any
sign shall be computed by the smallest square, triangle, rectangle, circle,
or combination thereof, which will encompass the entire sign. In computing
the sign area in square feet, standard mathematical formulas for known or
common shapes will be used. In the case of irregular shapes, straight lines
drawn closest to the extremities of the shape will be used.
2. Multiple Faces - Where a sign has two or more faces, the area of all faces
shall be included in determining the area of the sign, except where two
such faces are placed back-to-back and are at no point more than two feet
from one another. The area of the sign shall be taken as the area of the
larger face if the two faces are of unequal area; if the areas of the two faces
are equal, then the area of one of the faces shall be taken as the area of
the sign.
D. Lighting
Unless otherwise specified in this section, all signs may be illuminated. However, no
sign regulated by this Ordinance may utilize:
1. An exposed incandescent lamp with an external reflector without a
sunscreen or comparable diffusion;
2. An exposed incandescent lamp unless a screen is attached; or
3. A revolving beacon light.
E. Exemptions
This section shall not relate to building design, nor shall this section regulate official
traffic signs, gravestones, lighting, or displays of a seasonal, religious, or traditional
nature (e.g., Christmas or Chanukah lights or decorations, Thanksgiving
5-44 New Hanover County, NC | Unified Development Ordinance
decorations, Halloween lights or decorations, etc.) which are not commercially-
oriented, scoreboards on athletic fields, or any display or construction not defined as
a sign. The regulations of this section shall not apply to any sign that is not visible
from the perimeter of the subject property.
F. Permits Required
Unless otherwise specifically provided, a sign permit shall be obtained in accordance
with Section 10.3.8, Zoning Compliance Approval, before commencing the
construction, alteration, erection, addition to, or moving of any sign or outdoor
advertising signor part thereof.
G. Indemnifications and Insurance
1. All persons involved in the maintenance, installation, alteration, or
relocation of signs near or upon any public right-of-way or property shall
agree to hold harmless and indemnify the County, its officers, agents, and
employees, against any and all claims of negligence resulting from such
work insofar as this section has not specifically directed the placement of a
sign.
2. No person may engage in the business of erecting, altering, relocating,
constructing, or maintaining signs without a valid contractor's license and
all required licenses on the state and federal level.
3. All persons involved in the installation, maintenance, relocation, or
alteration of signs shall maintain all required insurance and shall file with
the state a satisfactory certificate of insurance to indemnify the city, state,
or County against any form of liability to a minimum of $100,000.
H. Prohibited Signs
In all zoning districts the erection, construction, location or the use of any sign is
prohibited as follows. Such signs, if deemed to create a public safety hazard by the
Building Safety Director, may be removed immediately; otherwise, prohibited signs
shall be removed as provided under Section 5.6.4.K. See Table 5.6.2.H: Permitted
and Prohibited Signs, by Zoning Districts.
1. Signs in Public Right-of-Way. No sign shall be permitted on or protrude into
a public right-of-way, street, or passageway, except as provided specifically
for in this section.
2. Signs Attached to Public Property or Utility Structures. Except for signs
installed by or with the approval of an appropriate governmental agency,
no sign shall be attached to, hung, or painted on any curb stone, hydrant,
lamppost, street trees, barricade, temporary walk, telephone pole,
telegraph pole, electric light pole, or other utility pole, public fence, or on a
fixture of a fire alarm or police call system within any public right-of-way.
No detached sign shall be located closer than 10 feet in any direction from
any power or transmission line. (NOTE: This does not include the
supporting structure, e.g., the power pole.)
3. Signs Constituting Traffic Hazards. No sign shall be permitted whereby its
location, nature or type constitutes or tends to constitute a hazard to the
safe and efficient operation of vehicles upon any public right-of-way, street,
or passageway. No sign shall be permitted that would obstruct the line of
Unified Development Ordinance | New Hanover County, NC 5-45
sight of motorists or pedestrians at intersections, driveways, or along any
public right-of-way, street, or passageway. No sign shall be permitted, as
specified in Section136-32.2, N.C.G.S., that would obstruct or resemble
traffic signs or signals, or would tend to be confused with a flashing light of
an emergency vehicle.
4. Signs Constituting Fire Hazards. No sign shall be permitted to prevent free
ingress and egress from any door, window, or fire escape.
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5. Signs Pertaining to Specified Activities or Containing "Vulgar" Words. No
sign shall contain statements, words, or pictures which describe or display
"specified anatomical areas" or "specified sexual activities," as defined in
this Ordinance or which contain words which are classified as "vulgar" or
"vulgar slang" in The New College Edition of the American Heritage
Dictionary of the English Language.
6. Moving Signs. No sign shall be permitted containing or consisting of
banners, posters, pennants, ribbons, balloons, streamers, or other similarly
moving devices or ornamentation, except as specifically provided in this
section.
7. Flashing Signs and Rotating Light Beams. No sign shall be permitted which
contains or utilizes revolving or rotating beams of light of stroboscopes. No
sign shall be erected which flashes, except for time and temperature signs.
8. Signs on Vehicles. No sign shall be placed on a vehicle or trailer which is
parked or located for the primary purpose of displaying the sign (this does
not apply to permitted portable signs, or to signs or lettering on buses, taxis,
or vehicles operating during the normal course of business).
9. Floating Signs. Floating Signs are not permitted.
I. Signs Which do not Require a Permit
The following types of signs are exempted from the sign permit requirements, but
must comply with all other requirements of this section.
1. Signs used by churches, synagogues, or civic organizations.
2. Construction Signs. One construction sign for each street frontage of a
construction project, not to exceed 20 square feet in sign area in residential
zoning districts or 35 square feet in sign area in all other zoning districts.
Such signs may be erected ten days prior to beginning of construction and
shall be removed within 30 days following completion of construction.
3. Directional/Information Signs. Four freestanding directional/information
signs per lot, not to individually exceed three square feet in sign area or 30
inches in height.
4. Individual Political Signs. Non-illuminated political signs, not to individually
exceed 12 square feet in sign area. Such signs shall be removed 30 days
following the applicable election or referendum. Political signs may be
placed only on private property and only with the permission of the property
owner, provided that each candidate for political office, or the candidate's
local representative in the case of statewide or national offices, shall apply
for a general permit for all personal campaign signs, indicating that the
candidate is aware of all regulations concerning political signs, that all
supporters receiving the signs will be advised of these regulations and
ordered to follow them, and that the signs shall be removed as required by
these regulations.
5. Public signs or notices or any sign relating to an emergency.
6. Real Estate Signs. One non-illuminated real estate sign per street frontage,
not to exceed 20 square feet in sign area. Such signs must be removed 30
days following rental, sale, or lease.
Unified Development Ordinance | New Hanover County, NC 5-47
7. Incidental Signs not to exceed six square feet in aggregate sign area per
occupancy
8. Residence signs, Nameplates, or street address numbers, not exceeding
four square feet in area.
9. Signs used for bona-fide navigational aids.
10. Flags.
11. Off-Site Real Estate Signs. Off-site real estate signs which are generic
signs with display content limited to a directional arrow and/or one
descriptive phrase of "open house" or "home for sale," and allowed off the
premises from where the real estate product is being offered that comply
with the following requirements:
a. Be located on private property only with written permission of the
applicable property owner. The property owner or real estate agent
shall be subject to the applicable penalties for violation of these
provisions.
b. Be no greater than four square feet in area.
c. Be no higher than three (feet, measured from the adjacent ground
elevation to the uppermost portion of the sign.
d. Only locate one sign per intersection.
e. Not block any sight distances of any intersection.
f. Not be placed within a public or private road right-of-way.
g. Be freestanding.
h. Not be placed on trees, utility posts, traffic control signs, or other signs.
i. Not have lighting, movable elements, or flags.
j. Comply with the following allowable times of placement:
1. A sign directing attention to a temporary sales office or model unit
in a development of multiple lots or units offered for sale may
remain in place seven days a week, for as long as the temporary
sales office or model unit is on site.
2. A sign directing attention to any property or properties other than a
model unit or sales office as specified in paragraph (a), may remain
in place from 4:00 p.m. on Friday to 8:00 a.m. on the following
Monday. On the following specified holidays, signs may be posted
after 4:00 p.m. the day prior to the actual holiday and must be
removed by 8:00 a.m. the day following the holiday:
i. New Year's Day
ii. Martin Luther King, Jr. Day
iii. Good Friday (Friday before Easter)
iv. Azalea Festival - Friday
v. Memorial Day
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vi. Independence Day
vii. Labor Day
viii. Veteran's Day
ix. Thanksgiving Day - Thursday and Friday
x. Christmas Day
J. Signs Which Require a Permit
1. Subdivision Identification Signs
Two subdivision identification signs per entrance, not to exceed 35 square
feet each in sign area. Identification signs may be located on privacy and
freestanding walls. Unless otherwise specified, if the identification sign is
located on a freestanding wall, the wall shall not exceed six feet in height,
or the height of the subdivision privacy wall, whichever is greater.
2. Identification Signs
One identification sign per apartment or condominium complex entrance,
not to exceed 35 square feet in sign area. Identification signs may be
located on walls provided such walls do not exceed four feet in height and
75 square feet in area.
3. Freestanding Signs in Residential Areas
For permitted nonresidential uses, including churches and synagogues,
one freestanding sign per frontage, not exceeding 35 square feet in sign
area, and one marquee sign not to exceed 25 feet in sign area. All permitted
freestanding signs shall have a maximum height limit of six feet and shall
have a minimum setback of five feet from any property line. For permitted
freestanding signs which are to be illuminated, such illumination must come
from a light source which is external to the sign itself.
4. Principal Use Signs
a. Freestanding Signs
1. Primary. One primary freestanding sign per premises, in
accordance with Table 5.6.2.J.4.a: Freestanding Sign Standards.
Unified Development Ordinance | New Hanover County, NC 5-49
2. Auxiliary. An additional (Auxiliary) freestanding sign shall be
allowed for property having in excess of 100 linear feet of road
frontage; one auxiliary freestanding sign shall be permitted for each
100 linear feet of road frontage. Auxiliary signs may contain up to
50 percent of the allowable area of primary freestanding signs or 20
square feet, whichever is greater. Auxiliary signs shall not be
permitted within 50 feet of any other auxiliary or primary sign
located on the same parcel of property. No more than two auxiliary
freestanding signs shall be permitted on each road frontage for
each parcel of property.
3. Carolina Beach Road. Freestanding signs along Carolina Beach
Road shall comply with the provisions of this section except that
only one freestanding ground sign not to exceed six feet in height
and a maximum surface area of 150 square feet is permitted.
b. Wall Signs. Up to five wall signs per occupancy, in aggregate not to
exceed 20 percent of the area of the wall to which the signs are
attached, up to a maximum size of 250 square feet per each
occupancy.
c. Under-Canopy Signs. One under-canopy sign per occupancy, not to
exceed four square feet in sign area.
d. On-Premises Window Signs. Any principal building may install on-
premises window signs, provided:
1. The area of such signs shall not exceed an aggregate area equal
to 10 percent of the total ground floor glassed window area of the
building.
2. Such signs, if located inside the window, may be neon signs.
3. Such signs are prohibited above the second floor occupancy.
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e. Special regulations and allowances for principal use signs:
1. Corner Lots. Where an occupancy is on a corner or has more than
one main street frontage, an additional wall sign and an additional
freestanding sign are allowed on the additional frontage, not to
exceed the number and size limitations of other allowed wall and
freestanding signs.
2. Minimum Clearance. All freestanding, awning, marquee, and
under-canopy signs shall have a minimum clearance of nine feet
over any pedestrian use area.
3. Awning Signs. Three awning signs per occupancy, not to exceed
20 percent of the surface area of an awning.
4. Multi-Unit Signs. Multi-unit signs consist of three or more individual
identification signs. These individual signs shall be designed to
reflect a unified graphic appearance (e.g., size and material type),
as determined by the Planning Director. Individual commercial
logos are permitted on multi-unit signs so long as they do not
constitute more than 25 percent of the area of the applicable
individual occupancy identification sign.
5.6.3. TEMPORARY AND SPECIAL EVENT SIGNS
A. Balloons / Blimps
1. Allowed for special events with a permit for up to seven days of consecutive
use, five times per calendar year per location, subject to the following
conditions:
a. The balloon or blimp may not be more than 1,000 cubic feet in size, nor
shall the total of the longitudinal and latitudinal dimensions of the
device, measured along their axes, exceed 37 linear feet;
b. The balloon or blimp shall be securely anchored at a point within the
applicable setback for buildings in the zoning district where the balloon
or blimp is flown
c. The balloon or blimp may not be flown more than 50 feet in the air
unless it is located at least 100 feet from any active public roadway; its
height may thereafter be increased in proportion to its distance from the
roadway, to a maximum of 100 feet. (Example: if the device is anchored
125 feet from a road, it may be flown at a height of 75 feet;
d. No balloon or blimp shall be flown in windy conditions (sustained winds
of 25 m.p.h. or more) or inclement or stormy weather; all applicable
state or federal regulations must be observed;
e. No balloons or blimps may be flown within a one-mile radius of another
such device; and
f. No device authorized by this section may consist of more than one
balloon or blimp, or have attached to it any streamers, banners, or other
paraphernalia.
Unified Development Ordinance | New Hanover County, NC 5-51
2. For purposes of this provision, a balloon or blimp may display advertising
copy that is not specific to the premises or establishment where the special
event is occurring, but may not be displayed at any other premises.
3. "Special events," as used in this provision includes grand openings, special
sales and other promotional activities. If, in the opinion of the Building
Safety Director, any balloon or blimp is creating or contributing to a
hazardous situation, the Director may direct that it be removed or that the
manner of its display be altered to remove the hazard.
B. Banners
Banners are allowed for special events with a permit, for up to 30 days of consecutive
use, two times per calendar year (separated by a minimum of 30 days). There shall
be no more than two banners per occupancy, per permit. In the case of public parks,
each group or activity will be considered a separate occupancy. Museums and
cultural arts centers are permitted continuous, year-round display of one banner and
there is no time constraint imposed upon any one banner's display. A second banner
may be permitted in compliance with the banner restrictions applied to other uses.
For grand openings, or other special events, a banner may be used for no more than
30 days for one time per calendar year. These banners are allowed with a permit in
the Commercial and Industrial districts.
C. Flags
Flags are allowed as specified in Table 5.6.3.C: Flag Standards by Zoning District.
Ground-mounted flagpoles shall not exceed height limits established in Table
5.6.3.C. Roof-mounted flagpoles shall not exceed the maximum height permitted in
each zoning district for roof-mounted antennae. No more than two flags shall be
permitted per each flagpole, not to exceed the cumulative area established in Table
5.6.3.C. The United States, North Carolina, city and county flags are exempt from all
restrictions of this article.
D. Pennants
Pennants are prohibited except as navigational aids, or if used by a religious activity
or by an educational or charitable organization (see Flags).
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E. Portable Signs
Portable signs are allowed with a permit for up to 30 days of consecutive use, two
times a calendar year (separated by a minimum of 30 days), for parcels in the
Commercial or Industrial districts. They are prohibited elsewhere. Portable signs
cannot exceed 35 square feet in size and six feet in height, or be located within five
feet of any property line. That shall not be over one portable sign per parcel. At the
expiration of the permit period, the sign, which includes the lettering as well as the
signage cabinet, shall be removed.
5.6.4. OUTDOOR ADVERTISING SIGNS
A. Where Permitted
Outdoor advertising signs and structures that comply with the provisions of this
Ordinance shall be permitted in the I-1, I-2 and AC zoning districts, provided the
specific outdoor advertising sign location is 400 feet or more from any Residential
zoning district, place of worship, public park, or school. Outdoor advertising signs
shall not be constructed within areas designated under the SHOD district. Outdoor
advertising signs shall not be permitted in, upon, or over any navigable public
waterway, marsh, or within 400 feet landward of the mean high water line.
B. Location, Setbacks, and Spacing of Outdoor Advertising Signs
1. Setbacks. Each outdoor advertising sign shall comply with the applicable
setback requirements of the district in which it is located. In no case,
however, shall an outdoor advertising sign be located less than 10 feet from
any right-of-way or property line.
2. Corner Lots. No part of an outdoor advertising sign may be located within
a triangular area formed by the street right-of-way lines and a line
connecting them at points 50 feet from the right-of-way intersection.
3. Spacing of Outdoor Advertising Signs. No part of any outdoor advertising
sign shall be located less than 1,000 feet from any part of another outdoor
advertising sign.
4. Back of Outdoor Advertising Sign. The backs of all outdoor advertising
signs shall be painted in a neutral color to blend with the surrounding area
and to prevent the reflection of car lights and sunlight.
C. Single Outdoor Advertising Sign Structure
An outdoor advertising sign shall be considered as one sign structure when it is
designed to be viewed from:
1. One direction and consists of a single face sign placed in such a manner
to be viewed by one directional flow of traffic; or
2. Two directions and consists of two sign faces arranged either back-to-back
or in a V-shape.
3. In no case shall there be more than one sign face per directional flow of
traffic.
Unified Development Ordinance | New Hanover County, NC 5-53
D. Area and Height Requirements for Outdoor Advertising Signs
1. No outdoor advertising sign facing streets with four or more traffic lanes
may exceed 150 square feet; outdoor advertising signs facing streets with
fewer than four traffic lanes may not exceed 75 square feet. The allowable
sign area of outdoor advertising signs with equal size and shape for both
double-faced (back-to-back) and V-type outdoor advertising signs is
measured by computing the area of only one side of the outdoor advertising
sign. Both sides of a double-faced or V-type outdoor advertising sign shall
be of equal size. No point on either side shall be more than 15 feet from
the nearest point of the other side.
2. No outdoor advertising sign or part thereof, including base, apron,
supports, supporting structures, and trim, may exceed 30 feet in height.
Rooftop outdoor advertising signs are prohibited.
E. Inspection of Outdoor Advertising Signs
The Building Safety Director shall inspect all outdoor advertising signs periodically
to determine that the same are in a safe condition and meet the requirements set
forth in this section.
F. Clearance for Overhead Electrical Conductors
Outdoor advertising signs shall be located in such a way that they maintain horizontal
and vertical clearance of all overhead electrical conductors in accordance with
National Electrical Code specifications, provided that no outdoor advertising sign,
except official traffic signs, shall be installed closer than 10 feet horizontally or
vertically from any conductor or public utility guy wire.
G. Illumination
All outdoor advertising sign illumination devices shall be in conformance with the
North Carolina State Building Code, Volume IV, and all other state and local codes
governing illumination. All illumination shall be designed to be contained to the sign
area of the outdoor advertising sign.
H. Back of Sign
The backs of all outdoor advertising signs shall be painted in a neutral color to blend
in with the surrounding area.
I. Trimming of Vegetation Prohibited
There shall be no trimming of vegetation on public property or rights-of-way to make
any outdoor advertising sign more visible.
J. Maintenance
All outdoor advertising signs shall be maintained in a state of good repair. Whenever
it shall appear to the Building Safety Director that any outdoor advertising sign has
been constructed or is being maintained in violation of the terms of this section or is
unsafe or insecure, such outdoor advertising sign shall either be made to conform
with all outdoor advertising sign regulations or shall be removed at the expense of
the owner, within ten days after written notification thereof by the Building Safety
Director.
5-54 New Hanover County, NC | Unified Development Ordinance
K. Removal of Obsolete Outdoor Advertising Signs
Outdoor advertising sign messages which advertise a discontinued activity or use of
a building or premise shall be removed within 60 days from the date the activity or
use was terminated. Outdoor advertising signs advertising events such as shows,
displays, festivals, circuses, fairs, athletic contests, dances, fund drives, elections,
exhibits, meetings, conventions, and the like shall be removed within 30 days after
the date of termination of such events.
Unified Development Ordinance | New Hanover County, NC 5-1
Section 5.7. Conservation Resources
5.7.1. PURPOSE
The purpose of these conservation resources standards is to protect important
environmental and cultural resources within the County. Protection of these
resources is necessary to:
A. Maintain the County's diverse and ecologically important natural systems;
B. Preserve the County's estuarine systems important for finfishing and shellfishing;
C. Provide open space; and
D. Retain the County's archaeological and historical heritage.
5.7.2. APPLICABILITY
A. The development, improvement, and division of land of any parcel of record shall be
subject to these performance controls if the parcel is associated with any
conservation resources identified in Table 5.7.2.A: Minimum Distinct Area of
Conservation Resources, having a corresponding minimum distinct area identified in
Table 5.7.2.A. A parcel is considered to be associated with a conservation resource
if either the resource is contained partially or wholly on the parcel or if the resource
is located next to a parcel such that the resource setback specified in Section 5.7.4,
Additional Performance Controls, extends into the parcel. [05-01-2023]
Swamp forest 2.5
Pocosin 2.5
Savannah 2.5
Natural ponds 0.1
Freshwater marsh 0.1
Brackish marsh 0.1
Primary nursery areas 0.1
Barrier island-beach complex (including dunes) 0.1
Maritime shrub thickets 1.0
Salt Marsh 0.1
Animal and Plant Natural Areas of Special Significance No limit
Archeological/Historical Resources and Cemeteries No limit
B. The most recent officially adopted maps of, and information concerning, resources
identified in subsection A above are available for review at the County Planning and
Land Use Department. These maps serve as an initial resource to determine if a
parcel is associated with conservation resources identified in subsection A above,
but all conservation resources outlined above shall be identified on all required site
plans, regardless of whether they are identified on County maps. [05-03-2021]
C. The effective date of the provisions found in Section 5.7 was December 1, 1984,
and they apply to all subsequently created parcels and the development of those
parcels. Development on parcels of record in existence prior to December 1, 1984
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are subject to the requirements of this section unless they meet one of the following
criteria. [05-01-2023]
1. 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 created prior to December 1, 1984. [05-01-2023]
2. Commercial, industrial, office or institutional development on lots of record
created prior to December 1, 1984 that involve a land disturbance of less
than one acre in area. [05-01-2023]
3. The development or division of a parcel of record created prior to
December 1, 1984 that meets both of the following conditions: [05-01-2023]
a. 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.
b. 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.
5.7.3. CONSERVATION SPACE GENERAL PERFORMANCE CONTROLS
The general performance controls for conservation space in this section apply to all
development subject to this article.
A. Required Amounts of Conservation Space
1. Conservation space is defined as that portion of the conservation resource
that shall be preserved, as determined by this section (5.7.3).
2. Conservation space may not be reserved provided the development or
subdivision of the parcel meets the condition specified in Section
5.7.2.C.3.a.
3. If the development or subdivision does not meet the condition specified in
Section 5.7.2.C.3.b, then, the development or subdivision shall meet
applicable drainage and setback regulations specified in Section 5.7.3.F,
Design Storm, and Section 5.7.4, Additional Performance Controls.
4. Conservation space shall not be required to be reserved for the
conservation resources identified in Table 5.7.3.A.4: Conservation
Resources Not Requiring Conservation Space, unless the total acreage of
minimum distinct areas on the parcel of record exceeds the minimum
identified in Table 5.7.3.A.4.
Swamp forest 5
Pocosin 5
Savanah 5
Unified Development Ordinance | New Hanover County, NC 5-3
5. The required amount of conservation space shall be determined using
Table 5.7.3.A.5: Work Table for Determining Required Conservation Space
Developable Land, using the four steps set out below, which refers to the
columns in Table 5.7.3.A.5.
a. Step One: List in column 2 the acreage of land occupied by each
conservation resource named in column 1. If part of the parcel is
occupied by more than one resource, list the acreage occupied only by
the resource with the highest ranking. Rankings are listed in column 1
in parenthesis next to the resource name.
b. Step Two: Multiply each of the listed acreage in column 2 by factors
listed in column 3. Place each answer in column 4.
c. Step Three: Add the acreage in column 4 to determine total minimum
conservation space required.
d. Step Four: Subtract the total minimum conservation space from the
total gross parcel to determine the maximum amount of developable
land.
6. The total amount of conservation space that shall be reserved shall be
equal to or exceed the total minimum conservation space calculated in step
three in subsection A above. The total minimum conservation space shall
be allocated to and reserved for conservation resource areas in acreage
equal to or exceeding the minimum acreage calculated for the resources in
column 4 of Table 5.7.3.A.5: Work Table for Determining Required
Conservation Space Developable Land.
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Important Historical/
Archeological Site (7) .9
Animal & Plant Areas of Special
Significance (10) .9
Cemeteries (13) 1.0
B. Arrangement of Conservation Space
Conservation space shall be reserved in contiguous blocks or in close proximity to
the greatest extent possible in order to prevent the scattering of such space and to
increase effectiveness in their management.
C. Transfer of Conservation Space Requirements Between Resource
Conservation Areas
In order to provide flexibility in site design, the minimum acreage of conservation
space required in column 4 of Table 5.7.3.A.5: Work Table for Determining Required
Conservation Space Developable Land, for any one conservation resource area may
be reduced by any desired amount provided, however, that the minimum
conservation space required for a different conservation resource area with an equal
or higher ranking is increased by an equal or higher amount. For instance, assume
that a parcel has ten acres of swamp forest and fifteen acres of fresh marsh.
According to the worktable, swamp forest has a conservation factor of .5 and fresh
marsh as a conservation of .8. Therefore, at least 5 acres of swamp forest must be
reserved as conservation space (10 acres x .5 = 5), and at least twelve acres of fresh
marsh must be reserved (15 acres x .8 = 12.0 acres). If the developer, however,
wishes to develop seven acres of swamp forest, he may transfer two acres of the
conservation space requirement for swamp forest to the fresh marsh because fresh
marsh has a higher importance value (6) than does swamp forest (5). As a result of
the transfer, therefore, all fourteen acres of the fresh marsh would be required to be
preserved as conservation space while only three acres of swamp forest would be
required to be preserved.
Unified Development Ordinance | New Hanover County, NC 5-5
D. Improvements
Conservation space shall not be cleared of vegetation, shall not have its natural
drainage system significantly altered, and shall not be developed in any manner that
would negatively impact the conservation resource, with the following exceptions:
1. Improvements that would either protect or enhance the enjoyment of the
conservation resource. Such measures not causing significant impact
include, but are not limited to, walkways, self-guided trails, protective
fences, docks and boat ramps.
2. Access to other parts of the parcel. If a part of the parcel may be developed
but is inaccessible due to the existence of a conservation resource area, a
road and/or utilities may be constructed through the conservation resource
area. The road and/or utilities, however, shall be designed to the greatest
extent practical to minimize impact to the conservation resource.
3. Access to the waterfront. If the entire waterfront along a parcel is
inaccessible due to the existence of required conservation space, a boat
ramp, dock, or pier may be built for boating facilities in the conservation
space, subject to relevant State and Federal permits. The facilities,
however, shall be designed to the greatest extent practical to minimize
impact to the conservation resource.
E. Methods of Conservation Space Preservation
Conservation space may be preserved by any of the following means:
1. Dedication of the conservation space or of a conservation easement in
perpetuity to and acceptance by the County for use as parks, recreation
areas, or other suitable public purposes.
2. Dedication for suitable public purpose of the conservation space or of a
conservation easement in perpetuity to and acceptance by State or Federal
agency or by a private, non-profit charitable organization qualified to accept
such dedications in accordance with the Federal Internal Revenue Code.
3. The owner of the parcel on record may retain sole ownership of the
conservation space provided the conservation space has not been used in
calculating residential density. The conservation space shall not be
subdivided.
4. The conservation space may become the property of a homeowner's
association under the following conditions:
a. Such conservation space shall remain undivided and no lot or unit
owner or any other person shall bring any action for partition or division
of any part thereof except as provided in Chapter 47A (Unit Ownership
Act) of the General Statutes. Each lot or unit owner's undivided interest
shall be preserved through covenants running with the land. Title to
such areas shall be encumbered for the perpetual benefit of the public
generally or the private properties in the development, and all future
use shall be consistent with the conservation space requirements.
b. All lots or units within the development shall have direct access to all
conservation space as provided, by means of dedicated streets or
walkways within the development or by the fact of physical contiguity to
5-6 New Hanover County, NC | Unified Development Ordinance
other public land or lands in common ownership of all residents. The
developer shall not place age, race, creed, sex or economic restrictions
(other than maintenance assessments) upon lot or unit owners for the
use of said conservation space. Land which is restricted in any way so
as to be for the use, benefit or enjoyment of a select group within the
development shall not qualify as conservation space.
c. The Homeowner's Association or the non-profit organization shall be
established before any lots are sold.
d. Membership shall be mandatory for each lot buyer, and any successive
buyer.
e. The association shall provide for liability insurance, any taxes and the
maintenance of all grounds and facilities.
f. Any sums levied by the association that remain unpaid shall become a
lien upon the lot owner's property.
F. Design Storm
Stormwater runoff for the entire parcel will be managed by structures appropriately
sized such that the peak rate of discharge from the site after completion of
development for any storm up to and including the specified design storm, shall not
exceed the peak rate of discharge from the site in its previous natural condition for
the specified design storm. The design storm is specified as occurring once every
ten years and lasting for 24 hours. Industrial, commercial, office or institutional
development on a parcel one acre or less in size and with a maximum impervious to
gross site area ratio of less than 0.2 shall be exempt from this control. Discharge of
run-off from impervious surfaces for the entire parcel directly into natural water
bodies shall not be allowed. Runoff shall be routed along vegetated swales, through
filter media of vegetation, gravel, sand, or other media, or to detention ponds for
purposes of increasing percolation, settling and filtering out of non-point pollutants
and decreasing discharge velocity.
G. Buffer Strip
Buffer strip, if required in accordance with Section 5.4, Landscaping and Buffering,
shall not be extended through conservation space areas.
H. Historical and Archaeological Sites
1. If a developer wishes to develop an historical or archaeological site, the
developer shall do one of the following:
a. Provide for a thorough site investigation by a professional historian or
archaeologist, as appropriate, who shall prepare a written report with
the following information:
1. Description of site;
2. Relevant historical documentation/back-ground research;
3. Research design;
4. Field studies as actually implemented including any deviation from
the design and the reason for the deviation;
Unified Development Ordinance | New Hanover County, NC 5-7
5. All field observations;
6. Analyses and results;
7. Information on the location of original data in the form of field notes,
photographs, and other materials;
8. Proof that adequate creation of artifacts and records to ensure their
preservation and access for further study will be provided;
9. Recommendation for further study and preservation of the site,
given anticipated development; and
10. Evaluation of the potential of the site for inclusion in the National
Register of Historic Places. If the site is evaluated to have historical
or archaeological significance and is eligible for the National
Register, every reasonable effort shall be made in the development
to preserve it.
b. Give access rights for investigating the site and acquisition rights to
artifacts to the Planning and Land Use Department or its designated
agent for a period of at least 60 days between issuance of the building
permit and any development of the property that would impact the site.
2. If a developer wishes to develop a site with an abandoned cemetery, or if
an abandoned cemetery is discovered during the course of construction,
the developer shall provide for the delineation of the abandoned cemetery
by a qualified expert, subject to approval by the County.
5.7.4. ADDITIONAL PERFORMANCE CONTROLS
In addition to the general performance controls specified in Section 5.7.3,
Conservation Space General Performance Controls, additional controls shall be
required to protect certain conservation resources in certain zoning districts. Table
5.7.4: Additional Performance Controls, lists for each conservation resource and type
of district (residential or non-residential and mixed use), the reference number of the
group of additional controls that shall be required. Requirements for each group are
set forth in subsections A through D, following the table. If the parcel being developed
is associated with two or more conservation re-sources with conflicting performance
controls, then the most restrictive controls shall apply. However, improvements as
specified in Section 5.7.3.D, Improvements, may be permitted within the
conservation space setbacks. Additionally, decks may be allowed to encroach into
the conservation space setback up to six feet provided they are uncovered and
constructed so that the floorboards are spaced to allow water to flow through directly
to the ground. The ground below the deck shall be either left undisturbed or planted
with ground cover or other vegetation.
5-8 New Hanover County, NC | Unified Development Ordinance
Swamp Forest (Min 5 acres) 4 3
Pocosin (Minimum 5 acres) 4 3
Savannah (Min 5 acres) 4 3
Natural Pond 3 2
Fresh Marsh (Min 1 acre) 3 3
Brackish Marsh 2 1
Primary Nursery Area 2 1
Barrier Island-Beach Complex 2 1
Maritime Shrub Thickets 2 1
Salt Marsh 2 1
Animal and Plant (Natural) Areas of Special Significance 2 1
A. Group 1 Performance Controls
1. Conservation Space Setbacks
All structures and impervious surfaces shall be setback from the
conservation space, if any, whether the space is located on the parcel or
on an adjacent parcel, a distance of at least 100 feet.
2. Retention of Runoff
In addition to designing the site to control stormwater from a ten-year storm,
on-site retention or percolation areas shall be required for the entire parcel
sufficient to control, at a minimum, the first one inch of runoff that will
originate from all impervious surfaces anticipated to be on the site upon
final development. The specified amount of runoff from impervious surfaces
shall be disposed of by percolation into the soil, evaporation, transpiration,
or other methods of treatment or handling acceptable to the County
Engineering Department.
B. Group 2 Performance Controls
1. Conservation Space Setbacks
All structures and impervious surfaces shall be setback from the
conservation space, if any, whether the space is located on the parcel or
on an adjacent parcel, a distance of at least 75 feet.
Unified Development Ordinance | New Hanover County, NC 5-9
2. Retention of Runoff
In addition to designing the site to control stormwater from a ten-year storm,
on-site retention or percolation areas shall be required for the entire parcel
sufficient to control, at a minimum, the first 0.75 inch of runoff that will
originate from all impervious surfaces anticipated to be on the site upon
final development. The specified amount of runoff from impervious surfaces
shall be disposed of by percolation into the soil, evaporation, transpiration,
or other methods of treatment or handling acceptable to the County
Engineering Department.
C. Group 3 Performance Controls
1. Conservation Space Setbacks
All structures and impervious surfaces shall be setback from the
conservation space, if any, whether the space is located on the parcel or
on an adjacent parcel, a distance of at least 50 feet.
2. Retention of Runoff
In addition to designing the site to control stormwater from a ten-year storm,
on-site retention or percolation areas shall be required for the entire parcel
sufficient to control, at a minimum, the first 0.5 inch of runoff that will
originate from all impervious surfaces anticipated to be on the site upon
final development. The specified amount of runoff from impervious surfaces
shall be disposed of by percolation into the soil, evaporation, transpiration,
or other methods of treatment or handling acceptable to the County
Engineering Department.
D. Group 4 Performance Controls
1. Conservation Space Setbacks
All structures and impervious surfaces shall be setback from the
conservation space, if any, whether the space is located on the parcel or
on an adjacent parcel, a distance of at least 25 feet.
2. Retention of Runoff
In addition to designing the site to control stormwater from a ten-year storm,
on-site retention or percolation areas shall be required for the entire parcel
sufficient to control, at a minimum, the first 0.25 inch of runoff that will
originate from all impervious surfaces anticipated to be on the site upon
final development. The specified amount of runoff from impervious surfaces
shall be disposed of by percolation into the soil, evaporation, transpiration,
or other methods of treatment or handling acceptable to the County
Engineering Department.
5.7.5. VEGETATED BUFFER CONTROLS FOR CONSERVATION
A. Purpose and Intent
1. The establishment of a buffer zone is based upon the stated goals in
Policies 3.10 and 3.11 of the 1999 Wilmington-New Hanover County
Comprehensive Plan. The buffer zones are intended to promote the
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comprehensive plan goals of high water quality in the creeks and sounds,
to protect the public health, and to ensure the protection of the natural
resources of New Hanover County.
2. A properly vegetated buffer is essential to filter and biologically process
nutrient rich runoff, animal wastes, and sediment before it enters coastal
creeks, canals, and rivers. Buffers also function to moderate water
temperatures, maintain the desired dissolved oxygen levels in the water,
and stabilize the soils immediately adjoining the stream. In urban
environments, the function of a buffer is especially critical to the balance of
the plant and animal life in fresh and saltwater creeks. Buffers are most
effective when they contain native and naturalized plants appropriate in
size, adaptability (salt tolerance, wind tolerance, etc.) and hardiness for the
area. Plants requiring intensive or routine maintenance should be avoided
in buffer areas.
B. Applicability
The development and improvement of property, including the subdivision of land,
shall be subject to the performance controls in this section (5.7.4) if any the following
conservation resources are associated with the parcel of record for which the
development and improvement are proposed:
1. Salt marsh;
2. Brackish marsh;
3. Freshwater marsh; and
4. Primary nursery area.
C. Buffer Standards
1. Buffers shall extend 35 feet measured horizontally from the edge of the
conservation resource and on a line perpendicular to and landward of the
conversation resource.
2. The plant material in the buffer zone must be either retained in a natural,
minimally disturbed condition, or properly managed in accordance with the
management standards presented in subsection 5 below. In cases where
vegetation does not exist within the buffer, the County shall require
restoration efforts which include, but are not limited to, replanting of the
buffer zone with plant species as recommended in the "Reference Lists
and Publications for Guidance in the Selection of Vegetated Buffer Plants".
3. Development activities within the buffer are limited to water dependent
structures, except as otherwise provided in subsections 4 through 6 below,
and Section 5.7.3.D, Improvements. Examples of water dependent
structures include docks, piers, boat ramps, shoreline stabilization,
navigation markers and access channels. In order to maintain the
functional value of the buffer, excavation, grading, filing, or ditching is not
permitted except as otherwise provided herein.
4. Passive public recreational facilities such as pervious trails and pathways,
where owned by public entities or homeowners associations, may be
permitted within the buffer.
Unified Development Ordinance | New Hanover County, NC 5-11
5. In order to achieve the County goals to preserve, protect and restore water
quality and natural resources, the buffer zone shall be vegetated and left in
a natural, undisturbed condition, or managed in accordance with the intent
of these goals. Management activities compatible with the intent of these
goals include, but are not limited to the following:
a. Shoreline Access Paths
Pathways which provide access to the shoreline are permissible
provided they are a maximum average of six feet in width and follow a
path that minimizes erosion within the buffer zone. Pathways may be
vegetated with grasses and mowed, or may be surfaces such as
crushed stone, shell, or mulch. Elevated wooden walkways and stairs
up to six feet in width may also be used, as long as there is spacing
between boards and elevation of the walkway to provide for light
penetration and rain water to drip through to allow for continued
vegetation growth.
b. View Corridor
Selective tree removal, thinning, and pruning of natural vegetation
within the buffer zone will be allowed to provide for site lines and vistas
of the shoreline. Minimal alteration of the natural vegetation is
preferred.
c. Safety and Welfare
Selective tree removal, thinning, and pruning of natural vegetation
within the buffer zone will be allowed at the discretion of the landowner
for safety and welfare concerns (e.g. removal of damaged tree in close
proximity to a dwelling).
d. Shoreline Erosion Control
For necessary shoreline erosion control projects, trees and woody
vegetation may be removed and the erosion control measure employed
in a manner which is consistent with the purpose and intent of this
section. Areas cleared for erosion control measures may be required to
be re-vegetated with plant species as recommended in the "Reference
Lists and Publications for Guidance in the Selection of Vegetated Buffer
Plants".
e. Habitat and Species Management
Management of natural vegetation within the buffer zone to enhance
wildlife habitat, and control nuisance and non-native species may be
allowed.
6. Buffers may be encroached by public roads, bridges, and utilities where no
practical alternative exists to avoid encroachment. These structures should
be designed consistent with the purpose and intent of this section.
Section 5.8. Open Space Requirements
[11-16-2020]
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5.8.1. APPLICABILITY
A. General
Unless exempted in accordance with subsection B below, all new residential and
mixed-use development shall comply with the standards in this section.
B. Exemptions
The following development is exempt from the standards in this section:
1. Single-family and two-family dwellings and mobile homes on individual lots of
record or that are created as part of a minor or exempt subdivision.
2. Development where the total minimum open space set-aside required in
accordance with this section, including all phases of development, would be
10,000 square feet or less and cannot be combined with designated open
space areas, conservation areas, or parks located on adjacent property.
5.8.2. OPEN SPACE SET-ASIDE STANDARDS
Except in the EDZD district, all development subject to the standards in this section
shall provide the following percent of gross site area as open space set-aside:
A. Residential Uses:
1. Conventional Subdivision: 10 percent
2. Performance Residential Project: 20 percent
B. Mixed-Use Developments: 15 percent
C. Multi-family Developments: 20 percent [05-03-2021]
5.8.3. AREAS COUNTED TOWARDS OPEN SPACE SET-ASIDE STANDARDS
A. General
The features and areas identified as counting towards open space set-asides in
Table 5.8.3: Open Space Set-Aside Features, shall be credited towards compliance
with the amount of open space set-aside requirements outlined in Section 5.8.2,
Open Space Set-Aside Standards.
Unified Development Ordinance | New Hanover County, NC 5-13
Areas Counted as Common
Open Space Set-Asides Description Design and Maintenance
Requirements
Natural Features
Lakes, rivers, streams, ponds,
wetlands, other riparian areas,
flood hazard areas, natural
vegetation, and wildlife habitat
areas (see Section 5.7,
Conservation Resources;
Section 5.3, Tree Retention;
and Article 9:, Flood Damage
Prevention)
• Preservation of any existing
natural features and flood
hazard areas shall have highest
priority for locating open space
set-asides
• Maintenance is limited to the
minimum removal and
avoidance of hazards,
nuisances, and unhealthy
conditions
• Preservation of existing stands
of long leaf pine or old growth
forest as determined by a
certified arborist will count as
double the acreage for
purposes of meeting the open
space requirements in 5.8.2,
Open Space Set-Aside
Standards
Passive Recreation (Formal Plantings and Gardens)
Formally planned and regularly
maintained open areas that
provide passive recreation
opportunities, including
arranged plantings, gardens,
community gardens, green
roofs, gazebos, and similar
structures
• Formal plantings and gardens
shall have at least one direct
access to a building or to a
street, bikeway, or walkway
accessible to the
development’s occupants and
users
Required Landscape Areas
All areas occupied by required
landscape areas, tree
protection areas, vegetative
screening, and water quality
buffers, except landscape
areas within parking lots
• See Section 5.4, Landscaping
and Buffering
Stormwater Management Areas Treated as Site Amenities
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The land area occupied by
stormwater management
facilities (including retention
and detention ponds and other
bioretention devices).
• Qualifying stormwater
management facilities should
be designed as much as
practicable to support passive
recreation uses by including
gentle slopes (less than 3:1)
and vegetative landscaping and
should be accessible to the
development’s occupants.
Access Easements with Paths or Trails
Access easements that include
paths or trails that are
available for passive
recreational activities such as
walking, running, and biking
• Such access easements shall
include at least one improved
access from a street, sidewalk,
or trail that includes signage
designating the access point
Active Recreational Areas
Land occupied by areas and
facilities used for active
recreational purposes, such as
ballfields, playgrounds, tennis
courts, pools, jogging trails,
and community buildings and
clubhouses, and land
dedicated for parks.
• Land shall be contiguous unless
used to link or continue an
existing or planned open space
resource
• Areas shall have at least one
direct access to a building or to
a street, bikeway, or walkway
accessible to the public or the
development’s occupants and
users
Community Water Access
Piers, boardwalks, and/or land
area associated with approved
community boating facilities.
• All qualifying access areas shall
be available to all residents of
the development for use.
Squares, Forecourts, and Plazas
Unified Development Ordinance | New Hanover County, NC 5-15
Open areas immediately in
front of a building or framed by
buildings or streets that
provide gathering places,
opportunities for outdoor
dining, etc.
• A square, forecourt, or plaza
shall be at least 200 square
feet, but no more than one acre,
in area.
• A square, forecourt, or plaza
shall have at least one direct
access to a principal building, or
to a street, bikeway, or walkway
accessible to the public or the
development’s occupants and
users.
• Surrounding principal buildings
shall be oriented toward the
square, forecourt, or plaza
B. Not Counted as Open Space
The following areas shall not be counted as open space set-aside areas:
1. Private yards and all areas within private residential lots;
2. Street rights-of-way or private access easements, including sidewalks located
within those rights-of-way or easements;
3. Open parking areas and driveways;
4. Land covered by structures unless designated above in Table 5.8.4;
5. Designated outdoor storage areas;
6. Stormwater conveyance features (e.g., swales and drainage ditches) not
incorporated into natural feature areas, landscaping, or passive recreation
areas;
7. Parking lot interior landscaping.
C. Access
The developer shall not place age, religious, sex, or economic restrictions (other than
maintenance assessments) upon lot or unit owners for the use of the open space.
Land which is restricted in any way for the use, benefit, or enjoyment of a select group
within the development shall not qualify as open space.
5.8.4. DESIGN STANDARDS
A. Location
Open space set-asides shall be located so they are readily accessible by occupants
and users of the development. In residential subdivisions, open space set-asides
shall be located within one-half mile of all residential lots, to the maximum extent
practicable.
B. Accessibility
All lots or units created within the development shall have access to all open space
and recreational facilities, as provided, by means of dedicated streets or walkways
within the development or by the fact of physical contiguity to other public lands in
common ownership of all residents.
5-16 New Hanover County, NC | Unified Development Ordinance
C. Configuration
1. Open space set-asides shall be integrated and contiguous, unless a different
configuration is needed to continue an existing trail or accommodate
preservation of natural features.
2. If the development site is adjacent to existing or planned public trails, parks,
or other public open space area, the open space set-asides shall, to the
maximum extent practicable, be located to adjoin, extend, and enlarge the
trail, park, or other public open space area (see Figure 5.8.4.C: Example
Open Space Set-Aside Configuration).
3. Pedestrian access to open space set-asides intended for recreation shall be
provided from sidewalks or other pedestrian ways within the development.
Figure 5.8.4.C: Example Open Space Set-Aside Configuration
D. Permitted Development within Open Space Set-Asides
Development within an open space set-aside shall be in accordance with the
purposes and description of the type(s) of open space set-aside. Where appropriate,
such development may include, but is not limited to, walking, jogging, and biking
paths or trails; benches or other seating areas; meeting areas; tables, shelters, grills,
and other picnic facilities; docks and other facilities for fishing; environmental
education guides and exhibits; gazebos and other decorative structures; fountains or
other water features; play structures for children; gardens or seasonal planting areas;
pools; athletic fields and courts; and associated clubhouses.
E. Flexibility in Administration Authorized
1. The decision-making body is authorized to permit minor deviations from
amount, size, location, and nature of open space set-aside standards
whenever it is determined that: (i) the objectives underlying these standards
can be met without strict adherence to them; and (ii) because of peculiarities
in the developer’s tract of land or the facilities proposed, it would be
unreasonable to require strict adherence to these standards.
2. Whenever the decision-making body authorizes some deviation from the
standards set forth in this section, the official record of action taken on the
development application shall contain a statement of the reasons for allowing
the deviation. [05-03-2021]
Unified Development Ordinance | New Hanover County, NC 5-17
5.8.5. OWNERSHIP, MANAGEMENT, AND MAINTENANCE
A. General
Open space set-asides shall be managed and maintained as permanent open space
through one or more of the following options:
1. Retention of open space set aside areas by the developer;
2. Conveyance of open space set-aside areas to a property owners’ or
homeowners’ association established in accordance with the requirements of
Section 6.3.4, Property Owners’ Association (POA), that holds the land in
common ownership and will be responsible for managing and maintain the
land for its intended open space purposes.
3. Conveyance of open space set-aside areas to a third party beneficiary such
as an environmental or civic organization that is organized for, capable of,
and willing to accept responsibility for managing and maintain the land for its
intended open space purposes in perpetuity;
4. Transfer to the County, for use as open space or other recreation area,
provided the County consents to the transfer; or
5. Establishment of easements on those parts of individually-owned lots
including open space set-aside areas that require the areas to be managed
consistent with the land’s intended open space purposes and prohibit any
inconsistent future development, in perpetuity.
B. Responsibility
Responsibility for managing and maintaining open space set-asides rests with the
owner of the land of the open space set-asides. Failure to maintain open space set-
asides in accordance with this section and the approval or permit shall be a violation
of this Ordinance. [05-03-2021]
5.8.6. PAYMENTS IN-LEIU OF DEDICATION
[05-03-2021]
A. As part of a conditional rezoning, master development plan, special use permit, or
major residential subdivision consideration, the decision-making body may authorize
a payment in-lieu of dedication for all or a portion of the required open space when
such is determined to be in the best interest of the citizens of the areas to be served.
Criteria to be used in this determination shall include:
1. The value the amount of land required to be retained as open space would
provide to residents or the surrounding community;
2. Any limits the shape, topography, or unique site constraints would place on
the usability or community benefit of the open space;
3. The impact of insurance and maintenance costs on the affordability of
proposed residential units; and
4. The existing recreation and open space available for residents of the
proposed development.
B. If the decision-making body authorizes the payment in-lieu of dedication, the amount
of such payment shall be the product of the number of acres to be dedicated and the
average fair market value of the land being subdivided at the time of the submission
5-18 New Hanover County, NC | Unified Development Ordinance
of the application. The fair market value of the land shall be determined based on
the value of the land for property tax purposes and other relevant information.
C. All monies received by the County in accordance with this section shall only be in
accordance with the provisions of NCGS 160D, Article 13, Part I. Open Space
Acquisition to benefit the general area (northern unincorporated New Hanover
County or southern unincorporated New Hanover County) where the proposed
projected is located.
D. If a payment in-lieu of dedication is authorized, such payment shall be made before
final zoning compliance approval of single-property development or before the final
plat approval of a subdivision. If a subdivision is developed in phases, a payment
relating to each phase must be made prior to the recording of a final plat for each
phase.
Section 5.9. Fire Hydrants
The construction or expansion of any commercial, office, institutional, or industrial project resulting
in at least 25,000 square feet of floor space shall include adequate fire protection through the
provision of at least one fire hydrant, provided the project has a water system meeting state
requirements (see Section 2101 Title 10 - Chapter 10D N.C.A.C.) for fire hydrants. These
hydrants shall be connected with the water system serving the project and shall be constructed
to specifications established by the County Fire Marshall based on NFPA standards.
Section 5.10. Airport Height Restriction
5.10.1. AUTHORITY
This section is adopted pursuant to the authority conferred by G.S. 63-30--63-37.
5.10.2. FINDINGS
A. It is hereby found that an obstruction has the potential for endangering the lives and
property of users of the Wilmington International Airport, and property or occupants
of land in its vicinity; that an obstruction may affect existing and future instrument
approach minimums of the Wilmington International Airport; and that an obstruction
Unified Development Ordinance | New Hanover County, NC 5-19
may reduce the size of areas available for landing, takeoff, and maneuvering of
aircraft, thus tending to destroy or impair the utility of the Wilmington International
Airport and the public investment therein. Accordingly, it is declared:
1. That the creation or establishment of an obstruction has the potential of
being a public nuisance and may injure the region served by the Wilmington
International Airport;
2. That it is necessary in the interest of public health, public safety, and
general welfare that the creation or establishment of obstructions that are
a hazard to air navigation be prevented; and
3. That the prevention of these obstructions should be accomplished, to the
extent legally possible, by the exercise of authority invested in the County.
B. It is further declared that the prevention of the creation or establishment of hazards
to air navigation; the elimination, removal, alteration, or mitigation, of hazards to air
navigation; or the marking and lighting of obstructions are public purposes for which
a political subdivisions may raise and expend public funds and acquire land or
interests in land.
5.10.3. JURISDICTION
Pursuant to G.S. 63-31(d), New Hanover County exercises its statutory authority as
owner of the Wilmington International Airport, and in order to protect the approaches
of said airport, the jurisdiction of this section is extended to all areas depicted on the
most recent officially adopted Wilmington International Airport Height Restriction
Map, including areas within the City of Wilmington, Pender County, and Brunswick
County. [05-03-2021]
5.10.4. NONCONFORMING USES, STRUCTURES, AND TREES
A. The regulations prescribed by this section (5.10) shall not be construed to require the
removal, lowering, or other changes or alteration of any structure or tree not
conforming to the regulations on July 7, 2003, or otherwise interfere with the
continuance of any nonconforming use. Nothing contained herein shall require any
change in the construction, alteration, or intended use of any structure, the
construction or alteration of which was begun prior to July 7, 2003, and is diligently
prosecuted.
B. Notwithstanding the subsection A above, the owner of any existing nonconforming
structure or tree is hereby required to permit the installation, operation, and
maintenance thereon of such markers and lights as shall be deemed necessary by
the airport authority to indicate to the operators of aircraft in the vicinity of the airport,
the presence of such airport obstructions. Such markers and lights shall be installed,
operated, and maintained at the expense of the Board of Commissioners of New
Hanover County, State of North Carolina, or the Federal Aviation Administration.
C. Notwithstanding any preceding provision of this section, if, by a determination of the
FAA, the encroachment of any tree into regulated airspace is such that providing
markers and lights is insufficient to protect the life and property of the flying public,
New Hanover County shall institute steps to have such trees cut and removed at the
expense of New Hanover County if requested in writing by the Airport Authority. If
unsuccessful in obtaining the cooperation of the parties involved, the Airport Authority
shall petition the County to institute the appropriate legal action as reasonably
5-20 New Hanover County, NC | Unified Development Ordinance
necessary, to insure the safety of the flying public in airspace regulated by this
Ordinance.
D. No permit shall be granted that would permit a nonconforming use, structure, or tree
to become a greater hazard to air navigation than it was on the effective date of this
ordinance or any amendments thereto or than it is when the application for a permit
is made.
E. Whenever the New Hanover County Building Inspector determines that a
nonconforming tree or structure has been abandoned or more than 80 percent
damaged, physically deteriorated, or decayed, no permit shall be granted that would
allow such structure or tree to exceed the applicable height limit or otherwise deviate
from the zoning regulations.
5.10.5. VARIANCES
A. Applications for variances from the provisions of this section (5.10), shall be
submitted and reviewed in accordance with Section 10.3.11, Variance – Zoning and
Subdivision.
B. Any variance granted in accordance with subsection A above, may be so conditioned
as to require the owner of the structure or tree in question to install, operate, and
maintain, at the owner's expense, such markings and lights as may be deemed
advisable to effectuate the purpose of this Ordinance and reasonable in the
circumstances. If deemed proper by the Board of Adjustment, this condition may be
modified to require the owner to permit the New Hanover County Airport Authority, at
its own expense, to install, operate, and maintain the necessary markings and lights.
5.10.6. AIRPORT ZONES
In order to ensure compliance with the provisions of this section, there are hereby
created and established certain zones which include all of the land lying beneath the
approach surfaces, transitional surfaces, horizontal surfaces, and conical surfaces
as they apply to the Wilmington International Airport. Such zones are shown on the
most recent officially adopted Wilmington International Airport Height Restriction
Map. The map referred to in this section is on file in the office of the county clerk. An
area located in more than one of the following zones is considered to be only in the
zone with the more restrictive height limitation. The various zones are hereby
established and defined as follows: [05-03-2021]
A. Precision Instrument Runway Approach Zone - The inner edge of this approach zone
coincides with the width of the primary surface and is 1,000 feet wide. The approach
zone expands outward uniformly to width of 16,000 feet at a horizontal distance of
50,000 feet from the primary surface. Its centerline is the continuation of the
centerline of the runway.
B. Transitional Zones - The transitional zones are the areas beneath the transitional
surfaces.
C. Horizontal Zone - The horizontal zone is established by swinging arcs of 10,000 feet
radii from the center of each end of the primary surface of each runway and
connecting the adjacent arcs by drawing lines tangent to those arcs. The horizontal
zone does not include the approach and transitional zones.
Unified Development Ordinance | New Hanover County, NC 5-21
D. Conical Zone - The conical zone is established as the area that commences at the
periphery of the horizontal zone and extends outward therefrom a horizontal distance
of 4,000 feet.
5.10.7. AIRPORT ZONE HEIGHT LIMITS
A. General
1. Except as otherwise provided in this section (5.10), no structure shall be
erected, altered or maintained, and no tree shall be allowed to grow in any
zone created by this Ordinance to a height in excess of the applicable
height limit herein established for such zone. Such applicable height
limitations are hereby established for each of the zones in question in
accordance with subsections B through E below.
2. Except as defined in Section 5.10.8, Use Restrictions, nothing in this
section (5.10) shall be construed as prohibiting the construction or
maintenance of any structure, or growth of any tree, to a height of 50 feet
above the surface of the land. Such potential obstructions are to be
resolved through the purchase of property in easement, or in fee simple. In
addition to the height restrictions imposed by the imaginary surfaces, no
structure or natural growth shall be erected, altered, allowed to grow, or be
maintained within the areas defined in Section IV at such height as would
result in the increase of any minimum flight altitude, vectoring altitude,
ceiling, minimum descent altitude, or landing or take-off visibility minimum
for any category of aircraft as established by the Federal Aviation
Administration (FAA), unless approved by the New Hanover County Board
of Commissioners or staff.
B. Precision Instrument Runway Approach Zone
Slopes 50 feet outward for each foot upward beginning at the end of and at the same
elevation as the primary surface and extending to a horizontal distance of 10,000
feet along the extended runway centerline; thence slopes upward 40 feet horizontally
for each foot vertically to an additional horizontal distance of 40,000 feet along the
extended runway centerline. This applies to existing precision instrument Runway
35 and to existing Runways 6, 24, and 17 for a possible future precision instrument
status.
Runway 6 Approach 50,000 1,000 16,000 50:1 40:1
Runway 24 Approach 50,000 1,000 16,000 50:1 40:1
Runway 17 Approach 50,000 1,000 16,000 50:1 40:1
Runway 35 Approach 50,000 1,000 16,000 50:1 40:1
C. Transitional Zones
Slope seven feet outward for each foot upward beginning at the sides of and at the
same elevation as the primary surface and the approach surface, and extending to
a height of 150 feet above the airport elevation which is 182 feet above mean sea
5-22 New Hanover County, NC | Unified Development Ordinance
level. Where the precision instrument runway approach zone projects beyond the
conical zone, there are established height limits sloping seven feet outward for each
foot upward beginning at the sides of and at the same elevation as the approach
surface, and extending a horizontal distance of 5,000 feet measured at 90 degree
angles to the extended runway centerline. In addition to the foregoing, there are
established height limits sloping seven feet outward for each foot upward beginning
at the sides of and at the same elevation as the approach surface, and extending to
where they intersect the conical surface.
D. Horizontal Zone
Established at 150 feet above the airport elevation or at a height of 182 feet above
mean sea level.
E. Conical Zone
Slopes 20 feet outward for each foot upward beginning at the periphery of the
horizontal zone and at 150 feet above the airport elevation and extending to a height
of 350 feet above the airport elevation.
5.10.8. USE RESTRICTIONS
Notwithstanding any other provisions of this section (5.10), no use may be made of
land or water within any zone established by this section in such a manner as to:
A. Create electrical interference with navigational signals or radio communication
between the airport and aircraft;
B. Make it difficult for flyers to distinguish between airport lights and others;
C. Result in glare in the eyes of pilots using the airport;
D. Impair visibility in the vicinity of the airport;
E. Create bird strike hazards; or
F. Otherwise in any way endanger or interfere with the landing, takeoff, or maneuvering
of aircraft intending to use the airport.
Unified Development Ordinance | New Hanover County, NC 6-1
Article 6: Subdivision Design and Improvements
Section 6.1. General Purpose
The purpose of this article is to regulate and control the subdivision of land in the unincorporated
County to promote the public health, safety, and general welfare of County residents. More
specifically, this article is designed to promote the orderly development of New Hanover County
by:
6.1.1. Coordinating the location and construction of streets and highways within proposed
subdivisions with existing or planned streets and highways, and with other public facilities;
6.1.2. Coordinating the dedication or reservation of rights-of-way or easements for street and
utility purposes;
6.1.3. Facilitating the adequate provision of water, sewerage, parks, schools, and playgrounds;
6.1.4. Facilitating the further re-subdivision of larger tracts into smaller parcels of land; and
6.1.5. Distributing population and traffic so as to avoid congestion and overcrowding which will
create conditions essential to public health, safety, and the general welfare.
Section 6.2. Design Standards
6.2.1. GENERAL PROVISIONS
Any land area subject to the standards of this article determined by the County
Commissioners to be unsuitable for residential occupancy shall be prohibited for
subdivision development. The County Commissioners in making their determination
shall be guided by an analysis of available data on topography, soils, flood plains,
drainage, and ground and surface water.
The standards and requirements of this Article may be modified by the Planning
Board in the case of a plan and program for a group, cluster, or planned unit
development, which, in the judgment of the Planning Board provides adequate public
spaces and improvements for circulation, recreation, light, air, and service needs of
the tract when fully developed and populated, and which also provides such
covenants or other legal provisions as will assure conformity to and achievement of
the Land Development Plan.
6.2.2. SPECIFIC STANDARDS
A. Minimum Requirements
All subdivisions shall comply with the following standards.
1. Alleys
Alleys are permitted in residential districts if the TRC determines special
conditions warrant a secondary means of access. Design standards for
alleys that are permitted shall be consistent with those recommended by
the North Carolina Department of Transportation, Division of Highways
(NCDOT).
6-2 New Hanover County, NC | Unified Development Ordinance
2. Blocks
Blocks within all subdivisions shall comply with the following standards.
a. General
The lengths, widths and shapes of blocks shall be determined with
regard to provision of adequate building sites suitable to the special
needs of the type of use contemplated; the dimensional standards in
the district related to lot sizes and dimensions; needs for vehicular and
pedestrian circulation, control and safety of street traffic; limitations and
opportunities of topography; and convenient access to public
recreational areas.
b. Block Length
Blocks shall not exceed 1,000 feet in length.
c. Block Width
Blocks shall have sufficient width to allow two tiers of lots of minimum
depth, except where single tier lots are required to separate residential
development from through vehicular traffic, to separate the lots from
another type of use, to provide for uncongested traffic flow, to allow for
unusual topographic conditions or in instances where the lots are
adjacent to subdivision perimeter property lines.
d. Pedestrian Access
Where deemed necessary by the TRC, a pedestrian access at least 15
feet in width may be required through a block or connecting streets or
cul-de-sacs to provide convenient public access to a public or common
area such as a park, open space area, school or a water area.
3. Buffer Easements
a. The County may require an easement as much as 50 feet in depth, in
addition to the normal lot depth, for subdivisions adjacent to railroads,
major streets, highways, or thoroughfares, and between various types
of developments. This easement shall be part of the platted lots, but
shall have the following restriction notice on the face of the plat:
This easement is established for the purpose of the planting
of trees or other types of vegetation or the preservation of
existing vegetation; the erection of structures on the
easement and through access by motorized vehicles is
prohibited.
b. Buffers shall comply with Section 5.4, Landscaping and Buffering.
4. Building Setback
The minimum building setback or the distance between the street right-of-
way and the building line shall not be less than that established in the
dimensional standards for the district in which the subdivision is located.
Unified Development Ordinance | New Hanover County, NC 6-3
Proposed building setbacks shall be measured from the most restrictive
right-of-way line as determined by the dedication or reservation of such
right-of-way.
5. Easements
Easements shall comply with the following standards:
a. Storm Sewer, Sanitary Sewer, or Water Main Utility Easements
1. Utility easements for storm sewers, sanitary sewers, or water mains
shall be separate and distinct from any building area on a lot, and
shall be separate from the lot or located along the lot line, or entirely
on a lot, as determined by the Cape Fear Public Utility Authority and
the County Engineer.
2. Easements up to 30 feet or more in width are required for gravity
sewer lines.
3. Easements of not less than 15 feet are required for water lines,
other underground and above ground public utilities, or for piped
drainage facilities.
4. Shallow swale easements along the perimeter of lots may be less
than 30 feet if they are determined safe and adequate by the County
Engineer.
b. Drainage Easements
Where a subdivision is traversed by a watercourse or drainage way, an
easement shall be indicated on all plats of the subdivision. The
easement shall conform substantially with the lines of the watercourses
or drainage ways and shall be of sufficient width for maintenance
purposes, as determined by the County Engineer. The County
Engineer may require the subdivider to convey easements to the
County providing access to and along watercourses or drainage ways
traversing the subdivision for the purpose of maintaining such
watercourses or drainage ways. (3/03)
c. Electrical and Communication Utility Easements
Electrical and communication utility easements may be required along
perimeter lot lines for underground or aboveground public or private
utilities. The width of such easements shall be based upon the type of
utility installed as required by the design specifications and the area
required for adequate maintenance of the utilities. It is recommended
that electric power and communications services be placed
underground.
d. Deeds of Easements
1. Easements to be dedicated to the County for the operation, use,
replacement and maintenance of public open space and public
utilities, including but not limited to water mains, sanitary sewer
mains, stormwater management facilities, and all appurtenances,
together with the means of access to them, shall be dedicated for
6-4 New Hanover County, NC | Unified Development Ordinance
the public use by a separate deed of easement. If such easements
are correctly and adequately described on the final subdivision plat,
the easements may be described in a separate deed of easement
by reference to the recorded final plat. The appropriate governing
body shall ascertain that the easements are correctly and
adequately described on the final plat.
2. The deed of easement shall be in the format as determined and
approved by the County Attorney. All utilities, appurtenances, and
facilities within the easement to be dedicated shall be constructed
to the specifications of the County, and shall remain the property of
the subdivider until officially accepted for operation, use. and
maintenance as part of the County’s system. Official acceptance
shall be by resolution of the Board of County Commission. The
deed of easement shall be recorded with the Office of the Register
of Deeds.
6. Lots
Lots shall be laid out as follows:
a. A lot’s size, and its shape and location on a site shall respect the natural
features of the site, including but not limited to topographic conditions,
waterways, wetlands, contemplated use, and the surrounding area.
b. Lots in subdivisions shall comply with the dimensional standards and
other regulations and requirements of the zoning district win which they
are located.
c. Corner lots for commercial development shall have width sufficient to
permit adequate building setback from side streets or driveways.
d. Double frontage or reverse frontage lots shall be avoided, to the
maximum extent practicable.
e. Side lot lines shall be substantially at right angles or radial to street
lines. Where side lot lines intersect at the rear of the lot, the angle of
intersection should not be less than 60 degrees.
f. Lots shall not have a depth greater than four times their mean width.
g. Each lot in a subdivision shall individually abut or be adjacent to an
approved public or approved private street or private access easement.
Condominium and townhouse-style subdivisions may be exempted
from this requirement at the discretion of the TRC, provided that in all
cases each individual lot shall be assured safe and reasonable
vehicular access to and from an approved street.
h. Every conventional residential lot shall front a public or private street or
access easement for a distance of at least 34 feet.
7. Streets
a. Local streets shall be laid out so that their use by through traffic will be
discouraged.
Unified Development Ordinance | New Hanover County, NC 6-5
b. All streets shall be designated by the subdivider to be either public or
private in accordance with North Carolina General Statute 136-102.6.
The streets shall comply with the requirements of the N.C.G.S. The
subdivider shall submit concurrently with the final plat all disclosure
statements required by the General Statute.
c. When a planned subdivision is adjacent to an arterial, a marginal
access street may be required to provide access for lots fronting on the
arterial.
d. All streets that are in alignment with other existing and named streets
shall bear the existing street name. Names of proposed streets or
subdivisions shall not duplicate or be phonetically similar to existing
street names. No proper names can be used. It shall be the
responsibility of the subdivider to erect official street name signs at all
intersections associated with the subdivision in accordance with the
Addressing Standards and Procedures Manual. The subdivider may
acquire and erect official street name signs or may choose to contract
with the County to install the street signs, which shall be paid for by the
subdivider.
e. Access to Adjacent Properties
The arrangement of streets in subdivisions shall make provisions for
the continuation of existing streets in adjoining areas, or their proper
projection where adjoining land is not subdivided and where they may
be deemed necessary for public requirements. For large subdivisions
adjacent to large tracts of unsubdivided property, street projections
shall be required into the adjacent unsubdivided tracts at a maximum
distance of every 1000 feet. The street arrangement shall be such as
not to cause a hardship to owners of adjoining property when
developed and when they seek to provide for convenient access
thereto. The use of residential strips of land in order to prevent the
extension of proposed or existing streets or access thereto is
prohibited.
f. Alignment with Thoroughfares
1. When any portion of a proposed major thoroughfare of the urban
area runs through or is associated with the tract of land to be
subdivided, the pattern of streets within the proposed subdivision
shall be in accordance with the proposed alignment of corridors or
rights-of-way of said official thoroughfare plan. Such rights-of-way
as required by the appropriate governing agency shall be shown on
all plats, preliminary and final.
2. When any portion of a major or minor thoroughfare that is shown
on the Wilmington Urban Area Thoroughfare Plan, as amended,
runs through or is associated with the land to be subdivided, the
subdivider shall design the street network and shall dedicate the
maximum right-of-way width required by NCDOT. The subdivider
shall also reserve any additional right-of-way as shown in the
Thoroughfare Plan. No buildings or structures shall be constructed
the reserved right-of-way area. Such reservations shall expire 24
6-6 New Hanover County, NC | Unified Development Ordinance
months from the date of recordation of the final subdivision plan,
unless the right-of-way is acquired by a public agency.
3. When any portion of a proposed major or minor thoroughfare shown
on the Wilmington Urban Area Thoroughfare Plan runs through the
tract of land to be subdivided, both the preliminary plan and final
plat for the subdivision shall disclose the presence of the planned
thoroughfare by including a note on the plat stating, “This
subdivision crosses a proposed thoroughfare right-of-way; present
status should be confirmed with the NC Department of
Transportation.”
g. Street Connectivity Standards
1. Interconnected street systems promote orderly and safe
development by ensuring that streets function in an independent
manner to provide adequate access for emergency and service
vehicles and enhance access by ensuring continuous and
connected transportation routes.
2. All proposed streets shall be continuous and connect to existing or
platted streets without offset with the exception of cul-de-sacs, as
permitted, and except as provided below.
3. The street network for any subdivision shall achieve a connectivity
ratio of not less than 1.40. The connectivity ratio shall be defined as
the number of street links divided by the number of nodes, including
cul-de-sac heads or other vehicle turnarounds. A "node" refers to
the terminus of a street or the intersection of two (2) or more. Any
curve or bend of a street that has a minimum centerline radius of
100 feet or more shall not be considered a node. Roundabouts also
shall not be counted as nodes. A divided entrance is one node.
4. A link shall be any portion of a street,
other than an alley, defined by a node
at either end. Street projections to
adjacent properties shall be
considered links. For the purpose of
determining the number of links in a
development, boulevards, median-
divided roadways, and divided
entrances shall be treated the same as
conventional two-way roadways.
Street links and nodes along a
collector or arterial street providing
access to a proposed subdivision shall
not be considered in computing the
connectivity ratio.
5. Residential streets shall be designed
to minimize the block length of local streets, to provide safe access
to residences with minimal need for steep driveways and to
maintain connectivity between and through residential
neighborhoods for autos and pedestrians.
Unified Development Ordinance | New Hanover County, NC 6-7
6. Where necessary to provide access or to permit the reasonable
future subdivision of adjacent land, rights-of-way and improvements
shall be extended to the boundary of the development. A temporary
turnaround may be required where the dead end exceeds 500 feet
in length. The platting of partial width rights-of-way shall be
prohibited, except where the remainder of the necessary right-of-
way has already been platted, dedicated, or established by other
means.
7. New subdivisions may be exempt from the connectivity ratio
standard as set forth in this section, provided the Planning Director
determines there is no option for providing stub streets or
connectivity due to existing documented environmental features
such as wetlands or natural water bodies or existing adjacent
developed property.
h. Intersections
Street intersections shall be laid out as follows:
1. Streets shall intersect as nearly as possible at right angle and no
street shall intersect at less than seventy-five (75) degrees.
2. Intersections with a major street shall be at least 800 feet apart,
measured from centerline to centerline.
3. Where a public or private street intersects a U.S. or N.C. numbered
highway, or a N.C. secondary road, the intersection design shall be
in accordance with the standards of the N. C. Department of
Transportation, Division of Highways.
4. Street jogs with centerline offsets of less than 200 feet are
prohibited.
i. Cul-de-sacs
A street designed to be permanently closed at one end shall have a
permanent turnaround at the closed end, the right-of-way and
pavement of which comply with the requirements specified by NCDOT.
Cul-de-sacs shall not be longer than 500 feet. Longer cul-de-sacs may
be authorized provided the Planning Director determines there is no
option for providing stub streets or connectivity due to existing
documented environmental features such as wetlands, natural water
bodies, topographical features, environmental conditions or physical
conditions such as property shape, property accessibility, or land use
relationships.
j. Public Street Projections
1. Where there are lots fronting street projections to adjacent
properties and services are required, a temporary turnaround that
complies with NCDOT specifications shall be constructed at the end
of the street at the property line.
2. Where there are no lots fronting street projections to adjacent
properties frontage, the frontage being more or less one side lot
6-8 New Hanover County, NC | Unified Development Ordinance
length, the street (that complies with NCDOT specifications) may
be constructed to the property line and dead-ended with no cul-de-
sac.
3. In any and all cases, the developer shall be responsible for the cost
of and placement of all required dead-end barricades and signs.
4. Additional rights-of-way needed for a temporary turnaround at the
end of a street projection to adjacent properties shall be in the form
of temporary easements or rights-of-way reserved by the
subdivider. Upon extension of the street into the adjacent property,
the requirement for a cul-de-sac shall cease and the temporary
right-of-way granted for the cul-de-sac construction will revert to the
adjacent property owner.
5. Street projections proposed for access to adjacent properties shall
have temporary turnarounds installed in accordance with this article
and NCDOT specifications.
k. Temporary Vehicle Turnarounds
1. In phasing the construction of street improvements within approved
subdivisions, the developer shall make provision for vehicle
turnarounds at the end of street construction for each phase.
2. If the street end of a particular planned phase of development is
within a distance of 250 linear feet, more or less, from the next
planned intersection in a succeeding phase, the developer shall
construct the street to, and complete all improvements within, the
intersection in accordance with requirements for completed
intersections, including barricades, as specified by NCDOT. The
completed intersection shall then serve as a vehicular turnaround.
l. When a lot or lots within a subdivision abut an existing public street,
highway, or thoroughfare, the subdivider shall be responsible for the
installation of all improvements to that portion adjacent to and which is
to be utilized by that subdivision.
m. Traffic Calming During Preliminary Site Plan Review
In some cases, the inclusion of traffic calming devices in subdivision
design is justified to promote speed limit compliance with posted speed
limits and for up-holding the long-term operational safety of residential
subdivision streets. Only traffic calming devices recognized by the
Institute of Transportation Engineers (ITE) and/or other nationally
recognized traffic engineering guidelines, with provisions to minimize
impacts on bicyclists, pedestrians, and emergency response time shall
be considered by the TRC for approval during the Preliminary Site Plan
Review.
n. Traffic Calming on Existing Public Streets
Petitions for traffic calming devices on existing publicly designated
streets shall be considered by the NCDOT as referenced in NCGS 136-
102.8.
Unified Development Ordinance | New Hanover County, NC 6-9
o. Traffic Calming on Existing Private Streets
No traffic calming devices shall be installed by a property owners
association (POA) / homeowners association (HOA) until the following
review process is complete:
1. The review process for installing traffic calming devices on existing
private streets may be initiated by contacting the Planning and
Inspections Department to obtain a copy of the most current Traffic
Calming Petition Form and other associated informational
materials. Petitioners must first obtain signatures from at least 70
percent of parcel owners within the affected area to demonstrate
neighborhood support for traffic calming devices. The affected area
will be determined by a scoping process involving the petitioner, a
representation from the Planning and Inspections Department,
County Fire Services office, County Engineering, and the
Wilmington Urban Area Metropolitan Planning Organization
(WMPO) prior to petition submittal. Only one signature per parcel is
counted to determine 70 percent concurrence. County staff will
verify that signatures match current tax records. If the required
signatures are not obtained within 90 days, the petition will not
move forward. If the signatures are determined to be valid, a letter
from the Planning and Inspections Department will be sent to the
petition contact describing the minimum application requirements to
move forward with the review process.
2. To qualify for review, an application demonstrating the following
shall be provided by the petitioner to the Planning and Inspections
Department:
i. The road is privately owned and maintained with a functional
classification of local road or neighborhood collector;
ii. The roadway is “primarily residential”, with at least 75 percent
of the properties fronting on the street being located in a
Residential zoning district and/or residential land uses;
iii. Fifteen (15) percent of present day traffic exceeds 30 mph;
iv. Traffic volumes on the affected street must be less than 4,000
vehicles per day;
v. The street is not a primary route for emergency response;
vi. An active property owners association, as prescribed in
Section 6.3.4, Property Owners’ Association (POA), exists to
install and maintain traffic calming devices;
vii. A previous traffic calming device application has not been
denied for the affected area within the last 12 months;
viii. Concurrence from a detailed engineering study that the traffic
calming devices are warranted and feasible to implement
within the affected area.
3. As a fundamental component of a complete traffic calming
application, the following criteria must be certified by a professional
6-10 New Hanover County, NC | Unified Development Ordinance
legally recognized by a State of North Carolina licensing board as
licensed to perform such activities or undertakings.
i. Roadway characteristics including alignment, grade, sight
distance, intersection spacing, driveway location, edge
treatments (curbing, shoulders, etc.), signage, pavement
markings and on-street parking;
ii. Vehicle characteristics of existing traffic (based on a three-day
vehicle classification study);
iii. Traffic speed and volume data (based on a three-day speed
and volume study);
iv. Three-year crash history;
v. Recommended traffic calming devices including typical details
(Recommended devices shall follow ITE and/or other nationally
recognized traffic engineering guidelines, with provisions to
minimize adverse impacts on bicycle, pedestrian safety, and
emergency response);
vi. A conceptual plan demonstrating the proposed location of
traffic calming devices and associated advanced warning
signage/pavement markings (as required by the most recent
version of the Manual on Uniform Traffic Control Devices);
vii. A recommended implementation schedule and preliminary
line-item cost estimates.
4. Upon submittal of a completed application to the Planning and
Inspections Department, the request will be considered by the TRC
at their next regularly scheduled meeting. The TRC has the
authority to reject an application based on engineering judgment,
an absence of documented need and/or concerns with adverse
impacts on emergency response, as well as bicycle and pedestrian
safety. If approved by the TRC, the petitioner may initiate the final
approval process by submitting the following information to the
Planning and Inspections Department:
i. Final construction plans and details sealed by a professional
legally recognized by a State of North Carolina licensing board
as licensed to perform such activities and undertakings,
ii. Final implementation schedule and line item cost estimates
(with associated contingency); and
iii. A surety in the form of a certified check and in accordance with
Section 6.3.2, Guarantees of Improvements, to guarantee the
installation of the traffic calming devices.
5. Petitioners(s) may appeal the Technical Review Committee denial
of an application for a Preliminary Plan in accordance with Section
10.3.14, Appeal of Administrative Decision.
Unified Development Ordinance | New Hanover County, NC 6-11
8. Street Trees
Except for trees in islands within dedicated rights-of-way, if street trees are
planted, they shall be planted inside the property lines where they are less
subject to injury, decrease the chance of accidents, and enjoy more
favorable conditions for growth.
9. Subdivision Names
Subdivision names shall not duplicate or be phonetically similar to existing
development or subdivision names within the County, except where they
are additions to existing developments.
10. Evacuation Access Design
Roads within the subdivision shall be designed to provide sufficient
capacity for safe and timely evacuation of residents in case of a hurricane
if the subdivision or parts of it are located in a V-zone. Factors involved in
determining the safety and timeliness of evacuation include the presence
of low points, bridges, or other evacuation route bottlenecks, and vehicle
capacities of the roads.
11. Barrier, Riverine and Estuarine Islands
Subdivisions that are located on riverine, estuarine, or barrier islands that
are not connected to the mainland by a permanent network of roads and
bridges shall establish a community boating facility on the island and on
the mainland with the number of spaces in each facility being equal to or
greater than the total number of lots.
12. Waterfront Access
Subdivisions that are located on riverine, estuarine, or barrier islands with
lots containing beach front or sound front property shall dedicate sufficient
property to ensure public access to the beach and sound. Such access
shall not be less than 10 percent of the beach frontage and 5 percent of the
sound frontage, and shall be spaced at intervals of no more than 1000 feet.
Access ways shall not be less than 15 feet in width. These facilities shall
be approved by and dedicated to New Hanover County or the State of
North Carolina, and shall be directly accessible to a public road. Dedicated
streets which run to the mean high water line may count toward meeting
these requirements.
13. Transit Facilities
Transit system facilities (to include turnout lanes, shelters, signs, and
markings), as designated by the County, may be constructed, provided,
and installed in accordance with Technical Standards and Specifications,
and acceptable traffic engineering specifications and standards.
14. Reservation of Sites for Public Facilities
To ensure orderly development of the County in accordance with the
general principles set forth in the Comprehensive Plan, it is recommended
that the subdivider reserve open spaces for such public purpose as parks,
playgrounds, schools, and fire stations, and to provide the County an
6-12 New Hanover County, NC | Unified Development Ordinance
opportunity to buy this land at the fair market value for a period of 6 months
from the date of submission of the preliminary plan.
15. Mailbox Kiosks
[11-16-2020]
Cluster-style mailbox kiosks shall be provided as required by the U.S.
Postal Service. A paved area with ingress/egress to allow vehicles to pull
off, park, and re-enter the roadway safely shall be required for each kiosk
area. Kiosks shall be located in areas that will best allow for vehicle parking,
which shall be designed so as not to create pedestrian or vehicle safety
issues.
Section 6.3. Improvements
6.3.1. IN GENERAL
A. Following approval of the preliminary plan, the sub-divider shall submit to the County
Engineer and other appropriate state and local agencies design and construction
plans for the installation of the improvements as required by this Ordinance and other
specifications and policies of the County (see Section 10.3.7.D.2, Construction Plans
Procedure).
B. Improvements within all subdivisions shall be installed and designed in accordance
with the standards of this article and such other technical standards and
specifications as have been adopted by New Hanover County or other entities with
responsibility for providing facilities and services. Whenever topographic or other
physical conditions of the site require more stringent engineering practices or
standards, such standards and practices shall be utilized and followed in the design
of a subdivision.
1. Access
All public agencies shall have access to the premises and structures of a
subdivision under this article, during reasonable hours, to make those
inspections deemed necessary by them to ensure compliance with the
provisions of this article.
2. Inspection
Prior to commencing any work within the subdivision the subdivider shall
make arrangements with the Planning Director to provide for adequate
inspection of the improvements.
3. Erosion Control and Stormwater Management
The subdivider shall cause all grading, excavations, open cuts, side slopes,
and other land surface disturbances to be mulched, seeded, sodded, or
otherwise protected to comply with the approved Sedimentation and
Erosion Control Plan for the site.
4. Water Quality Improvement
The subdivider shall pursue an approved plan for the control and
improvement of surface water originating from rainfall running from
Unified Development Ordinance | New Hanover County, NC 6-13
impervious surfaces created within the development. Such works, which
may consist of vegetated swales and retention structures, may be designed
in concert with those facilities required under the approved Sediment and
Erosion Control Plan, and in accordance with the Storm Water Design
Manual and Specifications.
5. Existing Flora
The subdivider shall make every effort practically possible to protect and
retain all existing vegetation not actually living in public roadways, building
foundation sites, private driveways, paths, and trails. Existing trees shall be
identified as prescribed in Section 5.4, Landscaping and Buffering, and
shall be protected and preserved during construction in accordance with
sound conservation practices. Temporary vegetation and mulching shall be
used to protect critical areas, and permanent vegetation shall be installed
as soon as practical.
6.3.2. GUARANTEES OF IMPROVEMENTS
Final plats of a subdivision shall be approved by the Planning and Inspections
Department after the subdivider has complied with one of the following requirements:
A. The subdivider has installed all required improvements in accordance with the
provisions of this Ordinance; or
B. Except in the case of Minor Subdivisions, the subdivider of an approved preliminary
project in which the total cost of required improvements and administration does not
exceed $8,000,000.00 (the “Surety Limit”), provides a financial guarantee in-lieu of
constructing improvements. The surety limits stated in this section shall be adjusted
periodically in accordance with an appropriate established index approved by the
County Attorney.
1. The financial guarantee shall take one of the following forms, at the election
of the subdivider:
a. A surety bond issued by any company authorized to do business in
North Carolina;
b. A letter of credit issued by any financial institution licensed to do
business in North Carolina; or
c. Another form of guarantee that provides equivalent security to a surety
bond or letter of credit.
2. A financial guarantee may be deposited in escrow with an escrow agent
acceptable to the County, provided the subdivider shall file with the County
Engineer an agreement between the escrow agent and the subdivider
guaranteeing the following:
a. The escrow account shall be held in trust until released by the County
and shall not be used or pledged by the subdivider in any other matter
during the term of escrow; and
b. If the subdivider fails to complete the required improvements, the
escrow agent shall, upon notification by the County and submission by
the County to the escrow agent of an engineer’s estimate of the amount
needed to complete the required improvements, immediately either pay
6-14 New Hanover County, NC | Unified Development Ordinance
to the County the funds estimated to complete the required
improvements, up to the full balance of the escrow account, or deliver
to the County any other instruments fully endorsed or otherwise made
payable in full to the County.
3. The amount of the financial guarantee shall not exceed 125 percent of the
reasonably estimated cost of completion at the time the guarantee is
issued. Any extension of the financial guarantee necessary to complete
required improvements shall not exceed 125 percent of the reasonably
estimated cost of completion of the remaining incomplete improvements
still outstanding at the time the extension is obtained.
4. Conditions and stipulations to plat approval under this section are as
follows:
a. The subdivider shall furnish a bona-fide estimate of the required
improvements for verification by the County Engineer. Upon the County
Engineer’s determination that the estimate furnished is reasonable, the
subdivider shall deposit with the County the surety bond, letter of credit,
or other guarantee, as applicable, in the amount of the estimate
determined reasonable by the County Engineer.
b. In the event the subdivider obtains a surety bond or letter of credit as
its form of financial guarantee, such financial guarantee shall be issued
by a company authorized to do business in North Carolina.
c. Financial guarantees in the form of a surety bond, letter of credit, or
cash security may be reduced by the County Engineer if a portion of
the required improvements have been installed, inspected, and
approved. An addendum or amendment to the original surety bond or
letter of credit shall be required.
6.3.3. REQUIRED IMPROVEMENTS
[11-16-2020]
A. Permanent Monuments
Unless previously existing, a minimum of two permanent control monuments of stone
or concrete shall be placed at the point of intersection on the centerline of
intersecting public or private street rights-of-way or at the point of intersection of the
tangents of curves when such point lies within the pavement of the proposed street.
Otherwise, monuments may be placed on the centerline at the points of curvature
and at the points of tangency of curves which are to be dedicated for street purposes.
A table of dimensions, or dimension between control monuments, shall be shown on
the map. Metal castings or access boxes for the control monuments mentioned
above shall be placed in the pavement prior to release of final sureties for road
construction or final approval of road construction. (Reference N.C.G.S. 39-32.1)
1. Such monuments shall be set a minimum of nine inches below the finished
grade of the pavement. A metal casting of approved type will be mounted
over the monument with its base flange mounted on a brick foundation with
mortar joints of at least two course thickness, the top of which must be a
minimum of one and three-quarters inches higher than the highest point of
the monument. Permanent monuments shall be at least 30 inches in length,
Unified Development Ordinance | New Hanover County, NC 6-15
six inches in diameter, and shall have a metal pin or punch-marked metal
plate embedded therein marking the point represented on the final plat.
2. In addition to the two required Control Monuments, a control point (i.e.
railroad spike, P.K. nail, iron rod, rebar, etc.) shall be set at all other
centerline intersections, point of curvature, and points of tangency prior to
recordation. In the event that these points are destroyed during initial
project construction, it shall be the developer’s responsibility to have said
points replaced in their original horizontal position.
B. Lot Corners
All lot corners, other than those marked by permanent monuments as herein
described, shall be marked by metal stakes not less than three-quarter inches in
diameter, no less than two and one-half feet in length.
C. Sewage Disposal and Water Supply
1. Water Supply
All subdivisions shall be connected to the water system of the applicable
local governmental entity in order to provide water to every lot within the
subdivision. Mains shall be constructed in accordance with established
standards and policies. Water connections shall be constructed under the
supervision and approval of the CFPUA. If a connection cannot be made
to the public water system/CFPUA water system, the subdivider shall
submit to the County along with the Preliminary Plan, a letter of approval
of water supply signed by the appropriate authority. The subdivider shall
install these facilities in accordance with the approved plans. Water
distribution systems shall be installed in all new subdivisions.
2. Sewer Collection
All subdivisions shall connect to the sewerage system of the County in
order to provide sewer service to every lot within the subdivision. Due
consideration shall be given for existing or potential sewer lines for
adjoining property in the design and arrangement of sewer lines for the
proposed subdivision. If a connection cannot be made to the County’s
sewage system, the subdivider shall submit to the appropriate governing
body, along with the Preliminary Plan, a letter of approval of sewage
disposal system signed by the appropriate authority. The subdivider shall
install these facilities in accordance with the approved plans. Sewage
collection systems shall be installed in all new subdivisions.
D. Streets
All streets shall be constructed, inspected, and approved in accordance with the
following requirements.
1. Construction
All street right-of-way segments designated as public or private shall be
constructed to minimum NCDOT standards. These standards are available
for review at the County Planning and Inspections Department, the County
Engineering Department, and at the Division Office of the NCDOT.
6-16 New Hanover County, NC | Unified Development Ordinance
2. Public Streets
a. Standards shall include drainage, bridge, right-of-way, and pavement
design.
b. The classification, and as a result, the construction standards for a
public street segment may be upgraded to a higher classification if that
street segment will eventually be required to provide access to or collect
traffic from future development on adjacent properties.
c. All public streets shall be inspected and approved by the District
Engineer, NCDOT, Division of Highways.
3. Private Streets
a. Streets designated as private shall be constructed to minimum
construction standards as adopted by New Hanover County and
certified by a professional, legally recognized by a State of North
Carolina licensing board, as being licensed to perform such activities
or undertakings.
b. Pavement design shall meet the requirements as specified and shown
in the road profiles depicted in Appendix A: Subdivision Appendices
and Certificates.
c. Streets designated as private may be allowed in subdivisions once they
are reviewed and approved by the TRC. In their review, the TRC will
consider unique physical conditions of the property, including but not
limited to connectivity, topography, geometric design, storm water, tree
preservation, ingress and egress, reduction of speed to desirable or
safe levels, and other safety measures, and that sufficient language is
provided through a legally established POA that the streets will be
properly maintained.
d. Whenever a private street intersects a U.S. or NC highway, or
Secondary Road, an approved NCDOT Driveway Permit signed by the
District Engineer is required prior to final plat approval.
e. Private road stubs and dead end streets shall be constructed/paved to
the property boundary, and shall not contain gates or obstructions to
qualify for connectivity standards as stated in Section 6.2.2.A.7.g.6.
f. Streets designed as collector roads that accept traffic from local streets
shall be required to be designated as public, and adhere to the
standards under public streets, as noted above. (see Table for Private
Road ROW Specifications, General Standards, and Road Profiles
located in Appendix A: Subdivision Appendices and Certificates).
E. Surface Water Drainage
All drainage construction within the area of the proposed subdivision shall be
reviewed by the County Engineer for conformance with the County’s Stormwater
Management Ordinance and the Storm Water Management Design Manual.
Sufficient calculations shall be included with the preliminary plan to review hydraulic
computations. The subdivider shall do all grading and install all drainage structures
shown on the construction plans for the area specified by the final plat.
Unified Development Ordinance | New Hanover County, NC 6-17
1. Wetlands, natural depressions, and areas of good draining soils shall be
used in the development of drainage plans, if they exist.
2. Discharge of runoff from impervious surfaces directly into natural water
bodies shall not be allowed. Runoff shall be routed along vegetated swales,
through filter media of vegetation, gravel, sand, or other media, or to
detention ponds for the purpose of increasing percolation and settling and
filtering out non-point pollutants.
F. Street Name Signs
The sub-divider shall be responsible for erecting street name signs at all
intersections within the subdivision. Signs on public streets shall conform with
existing NCDOT regulations.
G. Fire Hydrants
The subdivider shall be responsible for providing adequate fire protection for the
subdivision through the provision of fire hydrants. These fire hydrants shall be
constructed to specifications established by County Fire Services, based on the
current NC Fire Code standards. Hydrants shall be required as follows:
1. Subdivision with central water system:
For any major subdivision served by a central water system meeting state
requirements (Section .2101, Title 10, Chapter 10D NCAC) for fire
hydrants, the subdivider shall be required to install a fire hydrant at the
entrance to the subdivision and additional hydrants equal either to the total
linear feet of roadway divided by 1000 or the total number of lots/units
divided by 40, whichever is greater. These additional hydrants shall be
spaced evenly through the subdivision in order to provide maximum fire
protection coverage, as determined by the County Fire Services. In no case
shall a lot/unit be located more than 500 feet from a hydrant.
2. Subdivision with surface water bodies:
For any major subdivision without a central water system meeting state
requirements, but either including or adjacent to an adequate permanent
surface water body, the subdivider shall do one of the following:
a. Install a dry fire hydrant as close to the water source as possible, with
the adequacy of the water source and the location of the dry fire hydrant
to be determined by County Fire Services; or
b. Establish an easement or road to the water source providing permanent
all-weather access that is adequate for fire-fighting equipment and
vehicles as determined by County Fire Services.
H. Street Lights
The County, as applicable, shall install streetlights within subdivisions in accordance
with the standards of the County. In instances where underground wiring is required,
the subdivider shall be responsible for the initial contribution required under the utility
company’s street lighting service schedule (customer participation) at the time of
installation.
6-18 New Hanover County, NC | Unified Development Ordinance
I. Entrance Signs and Lighting
Signs delineating the subdivision name and any lighting associated with such sign
shall be constructed in compliance with Section 5.6.2.J.1, Subdivision Identification
Signs. Sign location shall be shown on the preliminary plan for subdivision.
J. Sidewalks, Trails and Bikeways
Sidewalks, walkways, and other pedestrian ways shall be provided by the subdivider
within or adjacent to a subdivision, upon reasonable evidence that the sidewalks,
walkways, or other pedestrian ways would be essential for pedestrian access to
community facilities, that such is necessary to provide safe pedestrian movement
outside the street or street rights-of-way area, or that such is an extension or could
reasonably become an extension of existing sidewalks, walkways, and other
pedestrian ways. All sidewalks, walkways, and other pedestrian ways shall be
aligned as required by this Ordinance, and designed and constructed to conform to
NCDOT specifications. Sidewalks shall be indicated on all preliminary plans.
1. Sidewalks shall be required to be constructed in the following
circumstances:
a. On a minimum of one side of the right-of-way of all arterial or collector
streets that are adjacent to the property to be developed;
b. On each side of the right-of-way of all arterial or collector streets that
run through property to be developed if the subdivider intends to
construct any portion of the thoroughfare as access to the subject
development; and
c. On one side of the right-of-way of all local streets extending through the
property to be developed in the R-15 and R-10 zoning districts.
d. On both sides of the right-of-way of all local streets extending through
the property to be developed in the R-7, and R-5 zoning districts.
e. Except as required above, low density developments in R-20 shall be
exempt from the sidewalk requirement.
f. On both sides of the right-of-way of all local streets and on at least one
side of all driveways or private drive aisles adjacent to parking areas or
buildings in the RMF-L, RMF-M, RMF-MH, and RMF-H districts. [05-03-
2021]
2. The TRC may exempt sidewalk installation in specific cases upon a finding
that sidewalks are unnecessary for the protection of the public safety or
welfare due to conditions peculiar to the site.
3. Bikeways
The TRC may require the subdivider to make provisions for bikeways within
subdivisions, i.e., increased right-of-way, etc. If the subdivider incorporates
bikeways within a subdivision, the subdivider shall be responsible for
providing the required markings and the acquisition and erection of all
signs, signals, or other items in order to create safe bicycling conditions as
deemed necessary by the County.
Unified Development Ordinance | New Hanover County, NC 6-19
6.3.4. PROPERTY OWNERS’ ASSOCIATION (POA)
A property owners’ association (POA) shall be established for each subdivision
containing private streets and drainage systems. The final plat for each such
subdivision shall contain a certificate indicating the book and page number of the
POA covenants, conditions, and restrictions. The covenants, conditions, and
restrictions shall specify lot owners' responsibilities for maintenance of streets,
utilities, storm water management facilities, drainage ditches or swales, or other
areas designated as private areas or as common areas, and shall provide for
assessments to finance all maintenance activities. Final plats for subdivisions
containing private streets and drainage improvements will not be approved until the
subdivider's owners’ association documents have been submitted and approved by
the Planning and Inspections Department.
A. Required Conditions of Property Owners Associations (POAs):
Property owners associations (POAs) or similar legal entities that own and maintain
park, recreation, and open space areas, streets, utilities, storm water management
facilities, drainage ditches or swales, or other areas designated as private areas, or
as common areas, shall be established in such a manner that:
1. Provision for the establishment of the association or similar entity shall be
made before any lot in the development is sold or any building occupied.
2. Membership is mandatory for each property owner within the subdivision.
3. The association is responsible for the liability insurance, local taxes, and
the maintenance of the areas.
4. Any sums levied by the association that remain unpaid become a lien on
the individual property owner’s property.
5. If all or any portion of the property held by the association is being disposed
of, or if the association is dissolved, the passive and active recreation and
open space is first offered to the County.
6. The right of use of the passive and active recreation or open space and all
private improvements is guaranteed to each resident of the subdivision.
7. The declaration of covenants and restrictions that govern the association
is submitted for review by the County Attorney and recorded prior to the
recording of any final plat for the subdivision, and reference to the deed
book and page provided on the plat.
B. Responsibilities:
Property owners’ associations (POAs) shall be responsible for continuing upkeep
and proper maintenance of all private infrastructure facilities and common areas
within the respective subdivision.
Unified Development Ordinance | New Hanover County, NC 7-1
Article 7: Stormwater Management
[11-14-2022]
Section 7.1. Title
This Article may be cited as the “New Hanover County Stormwater Management Ordinance.”
Section 7.2. Purpose
The purpose of this article is to protect and promote the health, safety and general welfare of the
public; and to safeguard the natural and manmade resources of the County by regulating
stormwater runoff. This purpose is accomplished by imposing conditions and requirements upon
existing and proposed development activities and establishing procedures by which these
requirements and conditions are to be administered and enforced.
Section 7.3. Authority and Jurisdiction
A. The provisions of this article are adopted under the authority granted by the General
Assembly of North Carolina.
B. The regulations set forth in this article shall be applicable to all territory within the
unincorporated areas of the County.
Section 7.4. Objectives
The objectives of this article are to:
A. Establish the County's stormwater management program;
B. Identify areas prone to flooding;
C. Prevent the creation of new floodprone areas;
D. Reduce the discharge of stormwater runoff to the maximum extent practicable by
controlling discharge rates;
E. Reduce erosion associated with stormwater runoff;
F. Provide for the inspection and proper maintenance of structural and nonstructural
stormwater control measures and;
G. Provide for the enforcement of the County's stormwater management program in the
unincorporated portions of the County.
Section 7.5. Incorporation of Design Manual by Reference
The New Hanover County Stormwater Design Manual, as approved by the New Hanover
County Board of Commissioners, with subsequent amendments approved by the County
Manager, is adopted by reference as part of this article and shall be available through the
Engineering Department.
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Section 7.6. Definitions
For the purpose of this Article, the following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where the context clearly
indicates a different meaning:
APPLICANT
The owner of a site who submits a plan for a project pursuant to this article.
APPLICATION
The application form to be submitted by applicant for a plan for a project pursuant to this article.
STORMWATER PERMIT
The County will issue a Stormwater Permit following the satisfactory review of the application
form and supporting documents demonstrating the applicant has satisfied the requirements of
this article.
BEST MANAGEMENT PRACTICE (BMP)
A structural or nonstructural management-based practice used singularly or in combination to
reduce flow and/or nonpoint source pollution inputs to receiving waters to achieve stormwater
management goals. (see also Stormwater Control Measure and Facility)
BUILT-UPON AREA
Impervious surface and partially impervious surface to the extent that the partially impervious
surface does not allow water to infiltrate through the surface and into the subsoil including but not
limited to buildings, pavement, gravel, tennis and basketball courts, etc. "Built-upon area" does
not include a slatted deck; the water area of a swimming pool; a surface of number 57 stone, as
designated by the American Society for Testing and Materials, laid at least four inches thick over
a geotextile fabric; a pedestrian trail as defined in NC G.S. 113A-85 that is either unpaved or
paved as long as the pavement is porous with a hydraulic conductivity greater than 0.001
centimeters per second (1.41 inches per hour); or landscaping material, including, but not limited
to, gravel, mulch, sand, and vegetation, placed on areas that receive pedestrian or bicycle traffic
or on portions of driveways and parking areas that will not be compacted by the weight of a
vehicle, such as the area between sections of pavement that support the weight of a vehicle.
CERTIFICATE OF COMPLETION
A signed, sealed and dated certificate prepared by an authorized design professional which states
that the construction authorized by the Stormwater Permit as issued by the County has been
completed.
CERTIFICATE OF OCCUPANCY
The certificate from the County inspections department allowing the occupancy of a building.
COMMON PLAN OF DEVELOPMENT
A site where multiple separate and distinct development activities may be taking place at different
times on different schedules but governed by a single development plan regardless of ownership
of the parcels. Information that may be used to determine a "common plan of development"
include plats, blueprints, marketing plans, contracts, building permits, public notices or hearings,
zoning requests, and infrastructure development plans.
CONNECTION
Any ditch, pipe or other device for the diversion or transmission of storm drainage which will in
any way affect the operation or maintenance of the receiving stormwater conveyance.
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DESIGN PROFESSIONAL
The individual meeting North Carolina occupational licensing requirements who designs the
proposed stormwater system.
DETENTION
The collection and storage of stormwater runoff with subsequent discharge to surface waters.
DEVELOPED LAND
Parcels altered from a natural state by construction or installation of impervious surfaces. For new
construction, the County shall consider parcels developed upon the issuance of a Land Disturbing
Permit or Building Permit or Stormwater Permit or Certificate of Occupancy Stormwater Permit
pursuant to this article.
DEVELOPER
A person engaged in land, site or building development.
DEVELOPMENT
Any activity for which a building permit or a land disturbing permit is required, or where any land
disturbing activity occurs, and that does not provide greater or equal stormwater control to that of
the previous development.
DRAINAGE NUISANCE
The unapproved obstruction of swales, ditches, culverts, pipes or other stormwater conveyances
and includes Stormwater Control Measures and associated conveyances that are not performing
as designed.
DRAINAGE PLAN
For development not requiring a stormwater permit, a plan showing existing drainage features,
direction of stormwater runoff and details demonstrating how existing drainage patterns will be
maintained.
EXCAVATION
Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock, or similar
material is cut into, dug, quarried, uncovered, removed, displaced or relocated.
EXISTING DEVELOPMENT
Development that, prior to the effective date of this ordinance, has either been lawfully
constructed or has established a vested right under North Carolina law to construct a proposed
project or portion thereof. With regard to application of this ordinance, a vested right will be
recognized as follows:
1. For development that does not require a state permit, a vested right shall exist for any
portion of a development that has an approved or a completed written or subdivision plat
covering that portion. A “completed application” is one that meets all application
requirements, including payment of all required fees and submission of all required
information, prior to the effective date of this ordinance. A vested right shall expire if the
validity of an approved or completed application or approval is not continuously maintained
as otherwise required under this Article.
2. For development that requires a state permit, vested rights shall be recognized if the
project meets all the requirements of A) above, and additionally has received necessary
state permits required for the use or for construction.
FACILITY
A structural stormwater management-based measure used singularly or in combination to reduce
flow to receiving waters to achieve stormwater management goals, and shall include all land,
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materials, and appurtenances used in construction and operation of the facility. Facilities may
include, but are not necessarily limited to, constructed wetlands, infiltration systems, retention
ponds, detention ponds, grassed swales, and ditches. (see also Best Management Practice and
Stormwater Control Measure)
FILL
Any act, or the conditions resulting therefrom, by which soil, earth, sand, gravel, rock or any similar
material is deposited, placed, pushed, pulled or transported.
FLOODPLAIN
Any area susceptible to being inundated by water from any source. All development activity
governed by this article shall be evaluated for the flood conditions anticipated for the 100-year
frequency storm.
GRADING
Any act causing disturbance of the earth. Grading shall include but not be limited to any
excavating, filling, stockpiling of earth materials, grubbing, root mat or topsoil disturbance, or any
combination of such activities.
IMPERVIOUS
Any material that impedes or prevents the natural filtration of water into the soil.
IMPERVIOUS SURFACE
Developed areas of land that prevent or significantly impede the infiltration of Stormwater into the
soil. Typical impervious surfaces include, but are not limited to: roofs, sidewalks, walkways,
patios, swimming pools, private driveways, parking lots, access extensions, alleys and other
paved, engineered, compacted or gravel surfaces containing materials that prevent or significantly
impede the natural infiltration of Stormwater into the soil.
IMPERVIOUSNESS
The degree to which a site is impervious.
INFILTRATION
The recharge of stormwater runoff into the subsurface soil.
LAND DISTURBING ACTIVITY
Any earth movement and land use changes which may result in soil erosion or the movement of
sediments into waters or onto other lands, including, but not limited to, tilling, clearing, grading,
excavating, stripping, filling and related activities, and the covering of land surfaces with any
structure, impermeable, or partially-impermeable material. Mowing and bush hogging operations,
which does not disturb the root mat, shall not be considered land-disturbing activity.
NATURAL GROUND SURFACE
The ground surface in its original state before any land disturbing activity.
NATURAL STATE
Existing undeveloped land where the soil and vegetation characteristics have not been
substantially modified or disturbed by human activities and the hydrologic function is in an
unaltered or natural condition.
OFF-SITE FACILITY
With respect to any particular property, a stormwater management facility serving the property
but not located on the property.
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ON-SITE FACILITY
With respect to any particular property, a stormwater management facility serving such property
and located on such property.
OWNER
The owner or owners of a site on which land disturbing activity is, will or has been done.
PERMIT
Any and all permits required by federal, state and local ordinances and regulations.
PERMITTEE
Any person to whom a permit is issued.
PERSON
Any individual, corporation, partnership, joint venture, agency, unincorporated association,
municipal corporation, County, state or federal agency, or any combination thereof.
PHASED DEVELOPMENT
The development of land by phasing over an extended period of time.
POST-DEVELOPMENT STATE
A site in its proposed condition following the completion of a development activity.
PREDEVELOPMENT STATE
A site in its natural state prior to any development activity.
REDEVELOPMENT
The substantial modification of an existing developed area. Redevelopment does not include
projects limited strictly to interior remodeling. When additional development occurs at a site that
has existing development, the built-upon area of the existing development shall not be included
in the density calculations for additional stormwater control requirements, and stormwater control
requirements cannot be applied retroactively to existing development
RETENTION
The collection and storage of stormwater runoff without subsequent discharge to surface waters.
SEDIMENT CONTROL (LAND DISTURBANCE) PERMIT
The sediment control permit issued by the County or the state authorizing land disturbing activities
in accordance with applicable ordinances and regulations.
SITE
That portion of land, lot, or parcel of land, or combination of contiguous lots or parcels of land
upon which development is to be performed.
STORM FREQUENCY
The average recurrence interval, in years, between rainfall events which equal or exceed the
given event. (Example: A two-year frequency storm is a storm of an intensity expected to occur
on the average, at least once in two years, and of a duration which will produce the peak rate of
runoff for the watershed of interest).
STORMWATER CONTROL MEASURE (SCM)
A device or practice that is designed to alter or reduce runoff velocity, amount, timing, or other
stormwater characteristics and/or trap, settle out, filter, or otherwise reduce pollutants from
stormwater runoff. The term includes all measures formerly known as “best management
practices” or “BMPs”. Such measures include but are not limited to stormwater detention facilities,
constructed wetlands, bioretention areas, sand filters, rainwater harvesting systems, vegetative
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areas, level spreaders, filter strips, buffers, vegetated swales, and appurtenant drainage facilities.
(see also Best Management Practice and Facility)
STORMWATER CONVEYANCE
Any feature of the landscape or earth, manmade or natural, whose primary purpose is to carry
stormwater in a concentrated flow. It does not include stormwater control measures, best
management practices, and stormwater facilities whose purpose is to manage the quantity or
quality of stormwater.
STORMWATER DESIGN MANUAL
The current New Hanover County Storm Water Design Manual available from the Engineering
Department.
STORMWATER DISCHARGE
Runoff of water resulting from precipitation in any form.
STORMWATER MANAGEMENT
Qualitative and quantitative measures for controlling stormwater runoff. Qualitative controls
consist of vegetative, structural and other measures which control or treat pollutants carried by
runoff. Quantitative controls consist of vegetative and structural measures which control the
increased volume and rate of surface runoff caused by manmade changes to the land and have
the effect of maintaining the predevelopment patterns of flood magnitude and frequency.
STORMWATER MANAGEMENT PLAN
A plan designed in accordance with the County stormwater design manual to minimize flooding,
water quality impacts and erosion, prevent off-site sedimentation and manage stormwater runoff,
submitted as a prerequisite to obtaining a Stormwater Permit. The plan shall be prepared and
designed in accordance with this article, all other County regulations, and applicable state and
federal laws and regulations.
STORMWATER SYSTEM
All manmade structures or natural features within the County that serve to provide for conveyance
of stormwater runoff water resulting from natural storm events. Components of the stormwater
system include but are not limited to swales, ditches, pipes, channels, creeks, ponds, weirs,
culverts, manholes, swales, inlet structures and infiltration fields.
SUPPORTING DOCUMENTS
Plans, profiles, details, specifications, calculations, deeds, easements, covenants, operation and
maintenance plans, maps delineating the 404 wetlands on the site signed by the U.S. Army Corps
of Engineers, soils investigation data, and other such material as may be required by the County
to review the application for Stormwater Permit for a project pursuant to this article.
UNDEVELOPED LAND
Land that does not meet the definition of developed land.
WATERCOURSE AND DRAINAGEWAY
Any natural or artificial feature, including, but not limited to: streams, rivers, creeks, ponds, lakes,
ditches, channels, canals, conduits, culverts, drains, waterways, gullies, ravines or washes in
which waters flow in a definite direction or course, either continuously or intermittently; and
including any area adjacent thereto which is subject to inundation by reason of overflow of
floodwater.
WETLANDS (404 WETLANDS)
Those areas defined by the U.S. Army Corps of Engineers as jurisdiction 404 wetlands.
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Section 7.7. Policies
7.7.1. COUNTY’S ROLE
The County has a role in the management of stormwater through authorization,
planning, construction, operation, and maintenance of facilities to reduce the adverse
effects of stormwater runoff and to satisfy state and federal statutes and regulations.
It is the intent of the County for Stormwater Services to ensure proper conveyance
of stormwater through provision of limited maintenance for some portions of
stormwater conveyances on private property in accordance with administrative
policies.
7.7.2. PROPERTY OWNER RESPONSIBILITY
Although the County Stormwater Services intends to provide limited maintenance on
private property, it shall remain the ultimate responsibility of individual property
owners of developed or undeveloped land within the unincorporated areas of the
County, to maintain stormwater conveyance facilities, such as waterways, streams,
creeks, ditches, swales, channels, canals, conduits and culverts, and stormwater
control facilities, such as ponds and lakes within their property. Where conditions of
existing stormwater facilities are determined to be deficient or a public nuisance, and
the property owner fails to correct the deficiencies after being notified by the County,
the County may arrange for the deficiencies to be corrected and recover all costs
thereto from the property owner. However, the recovery of costs from property
owners is subject to appeal as described in Section 7.17.
7.7.3. LIMITATIONS OF ARTICLE
This article does not imply that properties within the unincorporated area shall always
be free from flooding or flood damage, surface water stagnation or nonpoint source
pollution or that all flood control and water treatment projects to control the quantity
and quality of runoff can be cost-effectively constructed. Nothing in this article shall
create additional duties on the part of the County or hold the County liable for any
damages incurred in a flood or from adverse water quality due to stormwater runoff.
Nothing in this article shall waive the County's immunity or defenses under state law
or reduce the need or necessity for flood insurance.
7.7.4. CONSISTENCY WITH COUNTY, STATE, FEDERAL RULES AND
REGULATIONS
The requirements of this article shall be enacted, administered, and enforced
consistently with the requirements of the County, state and federal government for
controlling stormwater quality and quantity. If the requirements of this article are
found to conflict with other rules and regulations of the County, the state, or the
federal government, the more stringent or higher requirements shall govern unless
limited by state or federal law.
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Section 7.8. Development Plans and Permits
7.8.1. STORMWATER MANAGEMENT STANDARDS
All land within the unincorporated areas of the County to be developed shall have
sufficient stormwater conveyances and control measures to ensure the protection
of life, property, and natural resources from increased quantity of runoff.
Development subject to this article shall, at a minimum, provide stormwater
conveyances designed to properly convey stormwater runoff for post-development
conditions during the 2-year, 10-year, and 25-year frequency storm events and
shall provide adequate stormwater control measures to mitigate the increased
runoff from the post-development conditions during the 2-year, 10-year, and 25-
year frequency storm events such that the discharge rate leaving the development
in post-development condition does not exceed the pre-development rates.
A. Drainage Plan Requirement:
Submittal and approval of a Drainage Plan is required for all development unless all
of the following conditions are met.
1. The development does not result in additional built upon area;
2. The development does not include the importation of any fill material;
3. The development does not alter the capacity or pattern of any existing
drainage conveyance systems or involve the piping of any open
conveyance; and
4. The development provides greater or equal stormwater control to that of
the previous development.
It is the responsibility of an applicant to provide sufficient information in the Drainage
Plan so the County or its agents may reasonably evaluate the characteristics of
stormwater modifications, the potential and predicted impacts of the proposed
activity on adjacent areas, and the effectiveness and acceptability of those measures
proposed by the applicant for reducing adverse impacts. The applicant shall provide,
as necessary, maps, tables, photographs, narrative descriptions and explanations
to demonstrate compliance with the County's stormwater management standards.
The Drainage Plan need not be prepared by a registered design professional.
However, the County will consider plans and additional alternatives to meet the
stormwater requirements if prepared by a registered design professional. An on-site
meeting with the County Engineer or his/her designee is strongly encouraged prior to
plan preparation.
The Drainage Plan shall be submitted as part of the application for a building permit
or land disturbing permit.
B. Stormwater Permit Requirement:
A Stormwater Permit and Stormwater Management Plan are required for any
development activity that will result in the accumulation of 10,000 square feet or more
of built upon area on any site or as part of a common plan of development. A one-
time exemption may be granted for the addition of 3,000 square feet of built upon
area when the existing built upon area exceeds 10,000 square feet or will exceed
10,000 square feet upon the addition of 3,000 square feet of new built upon area.
Unified Development Ordinance | New Hanover County, NC 7-9
1. Required stormwater control measures shall be designed, constructed and
maintained by the owner of the property in accordance with the provisions
of this article.
2. The County Engineer may require submittal of a stormwater impact
analysis and additional stormwater control measures for development at or
upstream of documented flooding cases or where stormwater runoff from
the site may cause adverse effects on other public or private properties.
The stormwater impact analysis shall evaluate downstream conditions and
make design recommendations for improvements to maintain adequate
stormwater management per this article. Analysis must be conducted to
the next downstream facility (i.e. NCDOT culvert or natural water body).
Section 7.9. Plan Review
A. The application and supporting documents shall be reviewed by the County or its
agents. Upon satisfactory review of the application form and supporting documents
whereby the County finds that the application and supporting documents are
consistent with the requirements of the ordinance from which this article is derived,
the County will issue a Stormwater Permit. If no action is taken by the County within
the time limits specified in the design manual, the project will be deemed to have
been approved and the County will take appropriate action.
B. The review of the application and supporting documents by the County shall
determine if the request submittal is complete and in accordance with the
requirements of the ordinance from which this article is derived. Nothing in the review
shall create additional duties on the part of the County that are the responsibilities of
the owner and the design professional.
Section 7.10. Operation and Maintenance
The owner shall be responsible for the operation and maintenance of required permitted
stormwater control facilities and conveyances serving those facilities. If repairs are needed to the
stormwater facilities and associated conveyances, the owners of record, as ascertained from the
County tax record or other public documents that the County personnel may choose to examine,
shall be responsible for making the repairs.
Section 7.11. Transfer of Ownership
A. Transfer of Ownership Authorization for Stormwater Control Facilities Falling
within Common Areas of a Development
Ownership of stormwater control facilities falling within the common areas of a
development shall not be transferred without the written authorization of the County.
The application form to transfer ownership may be obtained from County Engineering.
The application fee for requesting authorization to change ownership shall be based
on a fee schedule approved by the County Board of Commissioners.
B. Transfer of Ownership of Stormwater Control Facilities Not Falling within
Common Areas of a Development
Ownership of stormwater control facilities, including, but not limited to grassed
swales, ditches and water-carrying devices, that fall within the deeded areas of an
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individual parcel or home site, shall not be transferred with the passing of a general
warranty deed without the written authorization of the County. The deed restrictions
are to state that the owner will continue to operate and maintain the facilities in
accordance with the conditions, obligations and duties of the Stormwater Permit and
the ordinance from which this article is derived. Acceptance of the general warranty
deed shall be a certification that the proposed owner(s) will continue to operate and
maintain the stormwater control facilities in accordance with the conditions,
obligations and duties of the Stormwater Permit and the ordinance from which this
article is derived.
Section 7.12. Variance Requests
A design variance from the requirement to provide management of post-development runoff of
this article must be requested in advance in writing. A final permit will be issued to the applicant
subject to verification and certification by the County Engineer that the final design meets the
requirements identified in the original written variance request. All other provisions of the article
remain applicable to development within the unincorporated areas.
Section 7.13. Right of Entry
A. The County shall have right-of-entry on or upon the property of any person subject
to this article and any construction authorization issued under this article. The County
shall be provided ready access to all parts of the premises for the purposes of
inspection, monitoring, sampling, inventory, records examination and copying, and
the performance of any other duties necessary to determine compliance with this
article.
B. Where a person has security measures in force which require proper identification
and clearance before entry into its premises, the person shall make necessary
arrangements with its security guards so that, upon presentation of suitable
identification, the County will be permitted to enter without delay for the purposes of
performing specific responsibilities.
C. The County shall have the right to set up on the person's property such devices as
are necessary to conduct sampling and/or metering of the person's operations as it
applies to this article.
D. Any temporary or permanent obstruction to safe and easy access to the areas to be
inspected and/or monitored shall be removed promptly by the person at the written
or verbal request of the County. The costs of clearing such access shall be borne by
the person.
E. The County may inspect the facilities of any user to ensure compliance with this
article. Such inspection shall be made with the consent of the owner, manager or
signatory official. The County may seek issuance of an administrative search warrant
if such consent is refused.
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Section 7.14. Violations
Any of the following shall be a violation of this article and shall be subject to the enforcement
remedies and penalties provided by this article and by state law.
A. Development without permit
To engage in any development or redevelopment, subject to the jurisdiction of this
article without all required certificates or other forms of authorization as set forth in
this article.
B. Development inconsistent with permit
To engage in any development, use, construction, remodeling or other activity of any
nature in any way inconsistent with any approved required certificate or other form of
authorization granted for such activity.
C. Violation by act or omission
To violate, by act or omission, any term, variance, modification, condition or
qualification placed by the County or its agent boards upon any required permit,
certificate or other form of authorization of the use, development or other activity upon
land or improvements on the land.
D. Use in violation
To erect, construct, reconstruct, alter, repair, convert, maintain or use any building or
structure, or to use any land in violation or contravention of this article or any other
regulation made under the authority conferred by this article.
E. Continuation
To continue any of the violations listed in subsections (A) through (D) of Section 7.14
is a separate and distinct offense for each day.
Section 7.15. Public Nuisances
A. Drainage Nuisances
The following conditions shall constitute a detriment, danger and hazard to the health,
safety, morals and general welfare of the inhabitants of the County and shall be public
nuisances wherever such conditions may exist. The creation, maintenance or failure
to abate any nuisance is hereby declared unlawful.
1. Any condition which blocks, hinders or obstructs in any way the natural flow
of branches, streams, creeks, surface waters, ditches or drains to the
extent that the premises is not free from standing water.
2. Any conditions whereas earth, sediment, or other natural or man-made
material is placed, washes or erodes onto a natural or manmade swale,
ditch, pipe, channel or water body, either on or off-site, so as to block,
hinder, impair or obstruct positive water flow, in the reasonable discretion
of the County Engineer.
3. Flooding caused by improper or inadequate drainage from private property
which interferes with the use of, or endangers in any way the streets,
sidewalks, parks or other county owned property of any kind provided that
such determination shall be made by the County Engineer.
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4. Any collection of stagnant water for which no adequate drainage is
provided and which is, or is likely to become, a nuisance.
5. Any stormwater retention or impoundment device determined to be
operating improperly by the County Engineer or his designee.
B. Notice to abate; emergency abatement by County
If any person shall violate the provisions of this article, it shall be the duty of the
County to give notice to the owner or to any person in possession of the subject
property, directing that all unlawful conditions existing upon the property be abated
within ten days from the date of such notice or within ten days from the date of a final
decision if appealed to the County Manager or designee. If the County determines
that the unlawful condition poses an imminent danger or peril to the public, then an
authorized representative of the County may, without notice, proceed to abate the
unlawful condition. The cost thereof shall be charged against the property as a lien
collectible in the same manner as ad valorem taxes.
C. Abatement by County where owner fails to abate
Upon the failure of the owner or person in possession of any premises to abate within
ten days any unlawful condition existing on the premises, it shall be the duty of an
authorized representative of the County to cause the removal and abatement of such
unlawful condition.
Section 7.16. Enforcement
Any or all of the following procedures may be used to enforce the provisions of this article.
A. Injunction
Any violation of this article or of any condition, order, requirement or remedy adopted
pursuant hereto may be restrained, corrected, abated, mandated or enjoined by other
appropriate proceeding pursuant to state law.
B. Civil Penalties
Any person who violates any provisions of this article shall be subject to the
assessment of a civil penalty.
C. Denial of Permit
The County shall withhold or deny any permit, certificate or other authorization on any
land, building, structure or use in which there is an uncorrected violation of a provision
of this article, or of a condition or qualification of a previously granted permit,
certificate or other authorization.
D. Conditional Permit or Temporary Certificate
The County may condition the authorization of any permit or certificate upon the
correction of the deficiency, payment of civil penalties within a specified time, or the
posting of a compliance security approved by appropriate government authority.
E. Revocation of Permit
The County may revoke and require the return of a permit or certificate by notifying
the permit holder in writing, stating the reason for the revocation. Permits or
certificates shall be revoked for any substantial departure from the approved
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application plans or specifications; refusal or failure to comply with the requirements
of state or local law; or for false statements or misrepresentations made in securing
the permit or certificate. Any permit or certificate mistakenly issued in violation of any
applicable state or local law may also be revoked.
F. Criminal Penalties
Any violation of this article shall be a misdemeanor or infraction as provided by NCGS
14-4. Each violation shall be subject to a fine not to exceed $500.00.
G. Judicial Enforcement
When any person is in violation of the provisions of this article, the County, through
the County attorney, may petition the superior court of justice for the issuance of a
restraining order or a preliminary and permanent injunction which restrains or
compels the activities in question.
Section 7.17. Appeals
A. Any Person subject to an administrative decision or enforcement under this article
may appeal such decisions or enforcement actions to the County Engineer.
B. Any person assessed a civil penalty or ordered to abate a nuisance under this article
shall have the right to a hearing before the County Manager or the Manager's
designee upon making a written demand to the County Manager specifying the
issues to be contested, within 14 days following receipt of the assessment or
abatement notice.
C. Unless such written demand is made within the time specified in subsection (a) of
this section, the action shall be final and binding.
D. The County Manager or the Manager's designee shall make a final decision on the
contested penalty or abatement notice within 30 days of the receipt of the written
demand for a hearing.
E. The County Manager or the Manager's designee shall transmit a copy of the decision
by registered or certified mail.
F. The decision of the County Manager or the Manager's designee shall be considered
the final administrative action for the purposes of judicial review. However, a person
assessed a penalty or ordered to abate a nuisance may petition the board of County
commissioners requesting review of the County Manager's final decision. The
petition must be presented to the clerk of the board within five days following receipt
of the County Manager's final decision. Any review by the board shall be solely at its
discretion.
Section 7.18. Judicial Review
Any person may seek judicial review of a final administrative decision by the County Manager or
the Manager's designee by filing a petition for writ of certiorari within 30 days after receipt of notice
by registered or certified mail, but not thereafter, with the superior court of the County and with a
copy to the County Manager.
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Section 7.19. Severability
If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other
sections shall nevertheless continue in full force and effect.
Section 7.20. Effective Date
June 7, 2021
Unified Development Ordinance | New Hanover County, NC 8-1
Article 8: Erosion and Sedimentation Control
[11-16-2020]
Section 8.1. Title
This Article may be cited as the “New Hanover County Soil Erosion and Sedimentation Control
Ordinance.”
Section 8.2. Purposes
This Article is adopted for the purposes of:
A. Regulating certain land-disturbing activity to control accelerated erosion and
sedimentation in order to prevent the pollution of water and other damage to lakes,
watercourses, and other public and private property by sedimentation; and
B. Establishing procedures through which these purposes can be fulfilled.
Section 8.3. Definitions
ACCELERATED EROSION
Any increase over the rate of natural erosion as a result of land-disturbing activity.
ACT
The Sedimentation Pollution Control Act of 1973 in G.S. 113A-50, et seq. and all rules and orders
adopted pursuant to it.
ADEQUATE EROSION CONTROL DEVICES, OR STRUCTURES
Erosion control devices or structures that control the soil material within the land area under
responsible control of the person conducting the land-disturbing activity.
AFFILIATE
A person that directly, or indirectly through one or more intermediaries, controls, is controlled by,
or is under common control of another person.
APPROVING AUTHORITY
The Division or other State or a Local Government agency that has been delegated erosion and
sedimentation Plan review responsibilities in accordance with the provisions of the Act.
BEING CONDUCTED
A land-disturbing activity has been initiated and not deemed complete by the approving authority.
BORROW
Fill material that is required for on-site construction and is obtained from other locations.
BUFFER ZONE
The strip of land adjacent to a lake or natural watercourse.
COASTAL COUNTIES
The following counties: Beaufort, Bertie, Brunswick, Camden, Carteret, Chowan, Craven,
Currituck, Dare, Gates, Hertford, Hyde, New Hanover, Onslow, Pamlico, Pasquotank, Pender,
Perquimans, Tyrrell, and Washington.
8-2 New Hanover County, NC | Unified Development Ordinance
COMMISSION
The North Carolina Sedimentation Control Commission.
COMMON PLAN OF DEVELOPMENT
A contiguous area where multiple separate and distinct land-disturbing activities may be taking
place at different times and on different schedules under one common plan. The “Common Plan”
of development or sale indicates construction activities are planned to occur on a specific plot
regardless of ownership of the parcels.
COMPLETION OF CONSTRUCTION OR DEVELOPMENT
No further land-disturbing activity is required on a phase of a project except that which, as
determined by the approving authority, is necessary for establishing a permanent ground cover.
DEPARTMENT
The North Carolina Department of Environmental Quality.
DIRECTOR
The Director of the Division of Energy, Mineral, and Land Resources of the N.C. Department of
Environmental Quality.
DISCHARGE POINT
That point at which stormwater runoff leaves a tract of land where a land-disturbing activity has
occurred or enters a lake or natural watercourse.
DISTRICT
The New Hanover County Soil and Water Conservation District created pursuant to Chapter 139,
North Carolina General Statutes.
DIVISION OR DEMLR
The Division of Energy, Mineral, and Land Resources of the Department of Environmental Quality.
ENERGY DISSIPATER
A structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or
conduits to receive and break down the energy from high velocity flow.
EROSION
The wearing away of land surfaces by the action of wind, water, gravity, or any combination
thereof.
GROUND COVER
Any natural vegetative growth or other material that renders the soil surface stable against
accelerated erosion.
HIGH QUALITY WATER
Those described in 15A NCAC 02B .0224, which is incorporated by reference to include
subsequent amendments and editions.
HIGH QUALITY WATER (HQW) ZONES
Areas in the Coastal Counties that are within 575 feet of High Quality Waters, and for the
remainder of the State, areas that are within one mile of and draining to HQW’s
LAKE OR NATURAL WATERCOURSE
Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and
any reservoir, lake or pond.
Unified Development Ordinance | New Hanover County, NC 8-3
LAND-DISTURBING ACTIVITY
Any use of the land by any person in residential, industrial, educational, institutional, or
commercial development, highway or road construction and maintenance that results in a change
in the natural cover or topography and that may cause or contribute to sedimentation.
LOCAL GOVERNMENT
Any County, incorporated village, town, or city, or any combination of counties, incorporated
villages, towns, and cities, acting through a joint program pursuant to the provisions of the Act.
NATURAL EROSION
Any wearing away of the earth’s surface by water, wind, or other natural agents under natural
environmental conditions undisturbed by man as defined in G.S. 113A-52(5).
PARENT
An affiliate that directly, or indirectly through one or more intermediaries, controls another person.
PERSON
Any individual, partnership, firm, association, joint venture, public or private corporation, trust,
estate, commission, board, public or private, institution, utility, cooperative, interstate body, or
other legal entity.
PERSON CONDUCTING LAND-DISTURBING ACTIVITY
Any person who may be held responsible for a violation unless expressly provided otherwise by
this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act.
PERSON RESPONSIBLE FOR THE VIOLATION
A. The developer or other person who has or holds himself out as having financial or
operational control over the land-disturbing activity; or
B. The landowner or person in possession or control of the land that has directly or indirectly
allowed the land-disturbing activity, or has benefited from it or failed to comply with a duty
imposed by any provision of this Ordinance, the Act, or any order adopted pursuant to this
Ordinance or the Act.
PERSON WHO VIOLATES OR VIOLATOR
Any land owner or other person who has financial or operational control over the land-disturbing
activity; or who has directly or indirectly allowed the activity, and who has failed to comply with
any provision of the Act, or Ordinance adopted pursuant to the Act, as it imposes a duty upon that
person as used in G.S. 113A-64.
PLAN
An erosion and sedimentation control Plan.
SECRETARY
The Secretary of Environmental Quality.
SEDIMENT
Solid particulate matter, both mineral and organic, that has been or is being transported by water,
air, gravity, or ice from its site of origin.
SEDIMENTATION
The process by which sediment resulting from accelerated erosion has been or is being
transported off the site of the land-disturbing activity or into a lake or natural watercourse.
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SILTATION
Sediment resulting from accelerated erosion which is settleable or removable by properly
designed, constructed and maintained control measures; and which has been transported from
its point of origin within the site of a land-disturbing activity; and which has been deposited, or is
in suspension in water.
STORM DRAINAGE FACILITIES
The system of inlets, conduits, channels, ditches, and appurtenances that serve to collect and
convey stormwater through and from a given drainage area.
STORMWATER RUNOFF
The surface flow of water resulting from precipitation in any form and occurring immediately after
rainfall or melting.
SUBSIDIARY
An affiliate that is, directly or indirectly through one or more intermediaries, controlled by another
person.
TEN-YEAR STORM
A rainfall of an intensity that is based on historical data, is predicted, by a method acceptable to
the approving authority, to be equaled or exceeded, on the average, once in 10 years, and of a
duration that will produce a maximum peak rate of runoff from the watershed of interest under
average antecedent wetness conditions.
TRACT
All continuous land and bodies of water being disturbed or to be disturbed as a unit, regardless
of ownership.
TWENTY-FIVE YEAR STORM OR Q25
A rainfall of an intensity that, based on historical data is predicted, by a method acceptable to the
approving authority to be equaled or exceeded, on the average, one in 25 years, and of a duration
that will produce the maximum peak rate of runoff, from the watershed of interest under average
antecedent wetness conditions.
UNCOVERED
The removal of ground cover from, on, or above, the soil surface.
UNDERTAKEN
The initiating of any activity, or phase of activity, that results or will result in a change in the ground
cover or topography of a tract of land.
VELOCITY
The speed of flow through a cross-section perpendicular to the direction of the main channel at
peak flow of the storm of interest but not exceeding bank full flows.
WASTE
Surplus materials resulting from on-site land-disturbing activities, to be disposed of offsite.
WORKING DAYS
Days exclusive of Saturday and Sunday and Federal and State holidays unless work is being
conducted on these holidays, during which weather conditions or soil conditions permit land-
disturbing activity to be undertaken.
Unified Development Ordinance | New Hanover County, NC 8-5
Section 8.4. Scope and Exclusions
A. This Ordinance shall apply to land-disturbing activities within the following territorial
jurisdiction of New Hanover County and to the extraterritorial jurisdiction of New Hanover
County as allowed by agreement between local governments, the extent of annexation or
other appropriate legal instrument or law.
B. Notwithstanding the general applicability of this Ordinance to all land-disturbing activity,
this Article shall not apply to the following types of land-disturbing activity:
1. Including the production and activities relating or incidental to the production of
crops, grains, fruits, vegetables, ornamental and flowering plants, dairy, livestock,
poultry, and all other forms of agriculture undertaken on agricultural land for the
production of plants and animals useful to man, including, but not limited to:
a. Forage and sod crops, grain and feed crops, tobacco, cotton and peanuts;
b. Dairy animals and dairy products;
c. Poultry and poultry products;
d. Livestock, including beef cattle, llamas, sheep, swine, horses, ponies, mules
and goats, including the breeding and grazing of any or all such animals;
e. Bees and apiary products;
f. Fur producing animals;
g. Mulch, ornamental plants, and other horticultural projects. For purposes of
this section, “mulch” means substances composed primarily of plant remains
or mixtures of such substances.
2. An activity undertaken on forestland for the production and harvesting of timber
and timber products and conducted in accordance with standards defined by the
Forest Practice Guidelines Related to Water Quality (Best Management
Practices), as adopted by the North Carolina Department of Agriculture and
Consumer Services. If land-disturbing activity undertaken on forestland for the
production and harvesting of timber and timber products is not conducted in
accordance with standards defined by the Forest Practice Guidelines Related to
Water Quality, the provisions of this Ordinance shall apply to such activity and any
related land-disturbing activity on the tract.
3. An activity for which a permit is required under the Mining Act of 1971; Article 7 of
Chapter 74 of the General Statutes;
4. A land-disturbing activity over which the State has exclusive regulatory jurisdiction
and provided in G.S. 113A-56(a).
5. An activity which is essential to protect human life during an emergency;
6. Activities undertaken to restore the wetland functions of converted wetlands to
provide compensatory mitigations to offset impacts permitted under Section 404
of the Clean Water Act and;
7. Activities undertaken pursuant to National Resources Conservation Service
Standards to restore the wetland functions of a converted wetland defined in Title
7 Code of Federal Regulations § 12.2.
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Section 8.5. General Requirements
A. Plan Approval Required: No person shall undertake any land-disturbing activity subject
to this Ordinance that uncovers an acre, or more than one acre, without first having an
erosion control Plan approved by the County. No land-disturbing activity may be initiated
until the County is notified of the date that the land-disturbing activity will begin.
B. Protection of Property: Persons conducting land-disturbing activity shall take measures
to protect all public and private property from damage caused by sedimentation and
erosion damage caused by land-disturbing activities.
C. More Restrictive Rules Shall Apply: Whenever conflicts exist between Federal, State,
or local laws, Ordinance, or rules, the more restrictive provision shall apply.
D. Plan Approval Exceptions: Notwithstanding the general requirement to obtain a Plan
approval prior to undertaking land-disturbing activity, a Plan approval shall not be required
for land-disturbing activity, that does not exceed 43,560 square feet in surface area and
is not considered a part of a common plan of development. In determining the area, lands
under one or diverse ownership being developed as a unit will be aggregated.
E. Building Permits: No building permit, unless excluded by Section 8.17, Permits, shall be
issued without an erosion control sign-off pursuant to N.C.G.S. 160D-1110. [05-03-2021]
F. Inspections: Any and all applicable intermediate inspections may be held in any trade
(building, mechanical, electric, and/or plumbing) if any land-disturbing activity, on a tract,
including single family residences, is found not to be in compliance with any part of this
Ordinance.
G. Building Finals: Building finals and/or certificates of occupancy may not be issued if any
land-disturbing activity, including single-family residences, is found not to be in compliance
with any part of this Ordinance.
Section 8.6. Basic Control Objectives
A. An erosion and sedimentation control Plan may be disapproved pursuant to Section 8.18,
Erosion and Sedimentation Control Plans, if the Plan fails to address the following control
objectives:
1. Identify critical areas: On-site areas which are subject to accelerated erosion,
and off-site areas vulnerable to damage from erosion and/or sedimentation are to
be identified and receive special attention.
2. Limit time of exposure: All land-disturbing activity is to be planned and conducted
to limit exposure to the shortest feasible time specified in G.S. 113A-57 or as
directed by the approving authority.
3. Limit exposed area: All land-disturbing activity is to be planned and conducted to
minimize the size of the area to be exposed at any one time.
4. Control surface water: Surface water runoff originating upgrade of exposed areas
should be controlled to reduce erosion and sediment loss during the period of
exposure.
5. Control sedimentation: All land-disturbing activity is to be planned and conducted
so as to prevent off-site sedimentation damage.
Unified Development Ordinance | New Hanover County, NC 8-7
6. Manage stormwater runoff: Plans shall be designed so that any increase in
velocity of stormwater runoff resulting from a land-disturbing activity will not result
in accelerated erosion of the receiving stormwater conveyance or at the point of
discharge. Plans shall include measures to prevent accelerated erosion within the
project boundary and at the point of discharge.
B. Preconstruction conferences are optional. In the event, a preconstruction conference is
required, it must be included on the plan.
C. No person may initiate a land-disturbing activity before notifying the County of the date
that land-disturbing activity will begin and when the initial erosion control measures are
installed.
D. A Plan approval issued under this Ordinance shall be prominently displayed at either the
primary entrance of the job site or at another location that is observable to the public and
inspectors until all construction is complete, all permanent sedimentation and erosion
control measures are installed, and the site has been stabilized. A paper copy of the
approved Plan shall be kept on file at the job site.
Section 8.7. Mandatory Standards for Land-Disturbing Activity
No land-disturbing activity subject to the control of this Ordinance shall be undertaken except in
accordance with G.S. 113A-57 and the following mandatory standards:
A. Buffer Zone:
1. No land-disturbing activity during periods of construction or improvement to land
shall be permitted in proximity to a lake or natural watercourse unless a buffer zone
is provided along the margin of the watercourse of sufficient width to confine visible
siltation within 25% of the buffer zone nearest the land-disturbing activity. This
subdivision shall not apply to a land-disturbing activity in connection with the
construction of facilities to be located on, over, or under a lake or natural
watercourse.
2. The width of a buffer zone shall be measured horizontally from the edge of the
water to the nearest edge of the disturbed area, with the 25% of the strip nearest
the land-disturbing activity containing natural or artificial means of confining visible
siltation.
B. Graded Slopes and Fills: The angle for graded slopes and fills shall be no greater than
the angle that can be retained by vegetative cover or other adequate erosion control
devices or structures. The angle for graded slopes and fills must be demonstrated to be
stable. Stable is the condition where the soil remains in its original configuration, with or
without mechanical restraints. In any event, slopes left exposed shall, within 21 calendar
days of completion of any phase of grading, be planted or otherwise provided with
temporary or permanent ground cover, devices, or structures sufficient to restrain erosion.
C. Fill Material: Unless a permit from the Department’s Division of Waste Management to
operate a landfill is on file for the official site, acceptable fill material shall be free of organic
or other degradable materials, masonry, concrete and brick in sizes exceeding 12 inches,
and any materials which would cause the site to be regulated as a landfill by the State of
North Carolina.
D. Ground Cover: Whenever land-disturbing activity that will disturb one or more than one
acre is undertaken on a tract, the person conducting the land-disturbing activity shall install
8-8 New Hanover County, NC | Unified Development Ordinance
such sedimentation and erosion control devices and practices that are sufficient to retain
the sediment generated by the land-disturbing activity within the boundaries of the tract
during construction upon and development of said tract, and shall plant or otherwise
provide a permanent ground cover sufficient to restrain erosion after completion of
construction or development. Except as provided in Section 8.8.B.5 of this Ordinance,
provisions for a ground cover sufficient to restrain erosion must be accomplished within
90 calendar days following completion of construction or development.
E. Prior Plan Approval: No person shall initiate any land-disturbing activity that will disturb
one or more than one acre on a tract unless, 30 or more days prior to initiating the activity,
an erosion and sedimentation control Plan for the activity has been both filed with and
approved by the County pursuant to G.S. 113A-57(4) and G.S. 113A-54(d)(4). The land-
disturbing activity shall be conducted in accordance with the approved Plan once the Plan
has been approved.
F. All individuals that obtain a locally-approved erosion and sedimentation control plan that
disturbs one acre or more of land, are required by the U.S. Environmental Protection
Agency to obtain coverage under the N. C. Department of Environmental Quality
Construction General Permit No. NCG010000 (NCG01). The requirements in NCG01 for
temporary or permanent ground cover, or stabilization requirements, may differ from the
ground cover, or stabilization, requirement in this Ordinance. It is the responsibility of the
person conducting the land-disturbing activity to ensure compliance with the NCG01.
Section 8.8. Design and Performance Standards
A. Except provided in Subsection B.2 of this Section, erosion and sedimentation control
devices and structures shall be planned, designed and constructed as to provide
protection from the calculated maximum peak rate of runoff from the 10-year storm that
produces the maximum peak rate of runoff as calculated according to procedures in the
United States Department of Agriculture, Natural Resources Conservation Services
“National Engineering Field Handbook 630 for Conservation Practices”.
B. In High Quality Water (HQW) zones, the following design standards shall apply:
1. Uncovered areas in HQW zones shall be limited at any time to a maximum total
area of 20 acres within the boundaries of the tract. Only the portion of the land-
disturbing activity within a HQW zone shall be governed by this section. Larger
areas may be uncovered within the boundaries of the tract with the written approval
of the Director upon providing engineering justification with a construction
sequence that considers phasing, limiting exposure, weekly submitted self-
inspection reports, and more conservative design than the 25-year storm. The
Director may also stipulate the inclusion of other conditions in the plan as
necessary, based on specific site conditions.
2. Erosion and sedimentation control devices, and structures within HQW zones shall
be so planned, designed, and constructed to provide protection from the runoff of
the 25-year storm that produces the maximum peak rate of runoff as calculated
according to procedures in the United States Department of Agriculture, National
Resources Conservation Services “National Engineering Field Handbook 630 for
Conservation Practices”. Other methodologies may be used if based on generally
accepted engineering standards that are shown to the County to be equivalent to
or improved over the procedures in Handbook 630. The County shall determine
Unified Development Ordinance | New Hanover County, NC 8-9
acceptability of an alternative methodology based upon a showing that the runoff
model was based on observed data in agreement with the predictive model.
3. In order to provide for water quality protection in the HQW zones, sediment basins
that discharge to those areas shall be designed and constructed to meet the
following criteria:
a. Use a surface withdrawal mechanism, except when the basin area is less
than 1 acre;
b. Have a minimum of 1,800 cubic feet of storage area per acre of disturbed
area;
c. Have a minimum surface area of 325 square feet per cfs of Q25 peak inflow;
d. Have a minimum dewatering time of 48 hours; and
e. Incorporate 3 baffles, unless the basin is less than 20 feet in length, in which
case 2 baffles shall be sufficient.
4. Newly constructed open channels in HQW zones shall be designed and
constructed with side slopes no steeper than two horizontals to one vertical if a
vegetative cover is used for stabilization, unless soil conditions permit a steeper
slope or where the slopes are stabilized by using mechanical devices, structural
devices, or other forms of ditch liners proven to the County as being effective in
restraining accelerated erosion. The angle for side slopes shall be sufficient to
restrain accelerated erosion.
5. Upon a written request of the applicant, the Director may allow alternative design
or control measures in lieu of meeting the conditions required in Subparagraph
3(b) through 3(e) of this Section if the applicant demonstrates that meeting all of
those conditions will result in design or operational hardships and that the
alternative measures will provide an equal or more effective level of erosion and
sedimentation control on the site. Alternative measures may include, quicker
applications of ground cover, use of sediment flocculants, and use of enhanced
ground cover practices.
Section 8.9. Stormwater Outlet Protection
A. Intent: Stream banks and channels downstream from any land-disturbing activity shall be
protected from increased degradation by accelerated erosion caused by increased
velocity of runoff from the land-disturbing activity.
B. Performance Standards: Persons shall provide a design and conduct land-disturbing
activity so that the post-construction velocity of the 10-year storm runoff in the receiving
watercourse to, and including the discharge point, does not exceed the greater of:
1. The velocity established by the Maximum Permissible Velocities table in
subsection E of this section; or
2. The projected velocity of the 10-year stormwater runoff in the receiving stormwater
conveyance prior to development.
C. Acceptable Management Measures: Measures applied alone or in combination to satisfy
the intent of this section are acceptable, if there are no objectionable secondary
consequences. The County recognizes that the management of storm- water runoff to
minimize or control downstream channel and bank erosion is a developing technology.
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Innovative techniques and ideas will be considered and may be used when shown to have
the potential to produce successful results. Some alternatives, while not exhaustive, are
to:
1. Avoid increases in stormwater discharge velocities by designing measures to
promote infiltration to compensate for increased runoff from areas rendered
impervious; or
2. Avoid increases in stormwater discharge velocities by using vegetated or
roughened swales and waterways in place of closed drains and high-velocity
paved sections; or
3. Provide energy dissipaters at outlets of storm drainage facilities to reduce flow
velocities to the point of discharge; These may range from simple rip-rapped
sections to complex structures; or
4. Protect stormwater conveyance subject to accelerated erosion by improving cross
sections or providing erosion-resistant lining; and
5. Upgrade or replace the receiving device structure, or stormwater conveyance such
that it will receive and conduct the flow to a point where it is no longer subject to
degradation from the increased rate of flow or increased velocity;
D. Exceptions: This rule shall not apply where it can be demonstrated to the County that
stormwater discharge velocities will not result in accelerated erosion in the receiving
stormwater conveyance or discharge point.
E. Maximum Permissible Velocities: The following is a table for maximum permissible
velocity for storm water discharges in feet per second (F.P.S.) and meters per second
(M.P.S.):
Material F.P.S. M.P.S.
Fine sand (non-colloidal) 2.5 0.8
Sandy loam (non-colloidal) 2.5 0.8
Silt loam (non-colloidal) 3.0 0.9
Ordinary firm loam 3.5 1.1
Fine gravel 5.0 1.5
Stiff clay (very colloidal) 5.0 1.5
Graded, loam to cobbles (non-colloidal) 5.0 1.5
Graded, silt to cobbles (colloidal) 5.5 1.7
Alluvial silts (non-colloidal) 3.5 1.1
Alluvial silts (colloidal) 5.0 1.5
Course gravel (non-colloidal) 6.0 1.8
Cobbles and shingles 5.5 1.7
Shales and hard pans 6.0 1.8
Source: Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil
Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly
sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels.
Unified Development Ordinance | New Hanover County, NC 8-11
Section 8.10. Borrow and Waste Areas
When the person conducting the land-disturbing activity is also the person conducting the borrow
or waste disposal activity, areas from which borrow is obtained and which are not regulated by
the provisions of the Mining Act of 1971; Article 7 of Chapter 74 of the General Statutes, and
waste areas for surplus materials other than landfills regulated by the Department’s Division of
Waste Management shall be considered as part of the land-disturbing activity. When the person
conducting the land-disturbing activity is not the person obtaining the borrow and/or disposing of
the waste, these areas shall be considered a separate land-disturbing activity.
Section 8.11. Access and Haul Roads
Temporary access and haul roads, other than public roads, constructed or used in connection
with any land-disturbing activity shall be considered a part of such activity.
Section 8.12. Operations in Lakes, Natural Watercourses
Land-disturbing activity in connection with construction in, on, over or under a lake or natural
watercourse shall be planned and conducted in such a manner as to minimize the extent and
duration of disruption of the stream channel. Where relocation of a stream forms an essential part
of the proposed activity, the relocation shall minimize changes in the stream flow characteristic.
Section 8.13. Responsibility for Maintenance
During the development of a site, the person conducting the land-disturbing activity shall install
and maintain all temporary and permanent erosion and sedimentation control measures as
required by the approved plan, or any provision of this Ordinance, the Act, or any order adopted
pursuant to the Ordinance or the Act. After site development, the land owner or person in
possession or control of the land shall install and/or maintain all necessary permanent erosion
and sediment control measures, except those measures installed within a road or street right-of-
way or easement, accepted for maintenance by a governmental agency.
Section 8.14. Restoration of Areas Affected by Failure to Comply
The County may require a person who engaged in a land-disturbing activity and failed to retain
sediment generated by the activity, as required by G.S. 113A-57(3), to restore the waters and
land affected by the failure so as to minimize the detrimental effects of the resulting pollution by
sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief
authorized under this Ordinance.
Section 8.15. Additional Measures
Whenever the County determines that accelerated erosion and sedimentation continues as a
result of land-disturbing activity, despite installation of protective practices and maintenance of
protective practices, the person conducting the land-disturbing activity will be required to and shall
take additional protective action necessary to achieve compliance with the conditions specified in
this Ordinance or the Act.
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Section 8.16. Areas Not Otherwise Covered
Notwithstanding previous provisions, when it is determined that severe off-site erosion and/or
sedimentation has occurred as a result of any land-disturbing activity, regardless of the size of
the site, and despite application and maintenance of protective practices, remedial action shall be
taken within a reasonable time period after notification. A notice shall be served upon that person
by any means authorized under G.S. 1A-1 Rule 4. The notice shall specify a date by which the
person must comply with the Ordinance or rules adopted by this Ordinance. Any person who fails
to comply within the time specified is subject to additional civil and criminal penalties for a
continuing violation as provided by this Ordinance.
Section 8.17. Permits
A. No person shall undertake any land-disturbing activity subject to this Ordinance without
first obtaining a hardcopy or electronic permit from the County, except that no permit shall
be required for any land-disturbing activity:
1. For the purpose of fighting fires;
2. For the stock piling of raw or processed sand, stone or gravel in material
processing plants and storage yards, provided that sediment control measures
have been utilized to protect against off-site damage; or
3. That does not exceed 43,560 square feet in surface area. In determining the area,
lands under one or diverse ownership being developed as a unit will be
aggregated. (Note: This exclusion from permits should allow land-disturbing
activities for construction of a single-family residence on a single lot, but may not
exceed one acre or be part of a common plan of development).
B. The County may establish a fee schedule for the review and approval of erosion control
Plans. In establishing the fee schedule, the County shall consider the administrative and
personnel cost incurred by the department for reviewing the Plans and for related
compliance activities.
C. The permit fees as seen in Table 8.17.C include review and land disturbance fees:
Unified Development Ordinance | New Hanover County, NC 8-13
Residential
Review
$200
New Projects
(Paid at time of application)
$200
Active Projects
(Adding new acreage)
$200
Previously permitted inactive
projects
(With modification)
Land
Disturbance
$300 per acre disturbed or any increment of an acre.
Due prior to Plat Recordation. Builders in a subdivision with active permits where the developer
previously paid review and land-disturbing fees will not owe fees.
Commercial
Review
$200
New Projects
(Paid at time of application)
$200
Active Projects
(Adding new acreage)
$200
Previously permitted inactive
projects
(With modification)
Land
Disturbance
$300 per acre disturbed or any increment of an acre.
Due prior to issuance of a Certificate of Occupancy.
Other
Review $200
(Paid at time of application)
Land
Disturbance
$300 per acre or increment of an acre.
Due prior to issuance of the land-disturbing permit
D. Permits will expire one year from the date of issue if no construction activity begins on
site. If activity ceases on a permitted site for a period of 12 months, the permit will expire.
Section 8.18. Erosion and Sedimentation Control Plans
A. An erosion control Plan shall be prepared for all land-disturbing activities subject to this
Ordinance whenever the proposed activity will disturb one or more than one acre on a
tract. The Plan shall be filed with the County Engineering Department, the New Hanover
Soil and Water Conservation District, and for areas outside municipal corporate limits, the
County Planning Department, at least 30 days prior to the commencement of the proposed
activity.
B. Persons conducting land-disturbing activity on a tract which covers one or more than one
acres shall file three copies of the erosion control Plan or a digital copy, with the County
at least 30 days prior to beginning such activity and shall keep another paper copy of the
approved Plan and a posted copy of the permit prominently displayed at either the primary
entrance of the job site or at another location that is observable to the public and inspectors
until all construction is complete, all permanent sedimentation and erosion control
measures are installed, and the site has been stabilized. After approving the Plan, if the
County either upon review of such Plan or inspection of the job site, determines that the
Plan is inadequate to meet the requirements of the Act and of this Ordinance, the County
shall require a revised Plan. Pending the preparation of the revised Plan, work shall cease
or shall continue under conditions outlined by the appropriate authority.
C. Erosion control Plans shall be disapproved unless accompanied by an authorized
statement of financial responsibility and documentation of property ownership. This
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statement shall be signed by the person financially responsible for the land-disturbing
activity or his or her attorney-in-fact. The statement shall include the mailing and street
addresses of the principle place of business of the person financially responsible, and of
the owner of the land, or registered agents. If the person financially responsible is not a
resident of North Carolina, a North Carolina agent must be designated in the statement
for the purpose of receiving notice of compliance or noncompliance with the Plan, the Act,
this Ordinance, or rules or orders adopted or issued pursuant to this Ordinance. Except
as provided in subsection D and K of this section, if the applicant is not the owner of the
land to be disturbed, the draft erosion and sedimentation control Plan must include the
owner’s notarized written consent for the applicant to submit a draft erosion and
sedimentation control Plan and to conduct the anticipated land-disturbing activity.
D. If the applicant is not the owner of the land to be disturbed and the anticipated land-
disturbing activity involves the construction of utility lines for the provision of water, sewer,
gas, telecommunications, or electrical service, the draft erosion and sedimentation control
Plan may be submitted without the written consent of the owner of the land, so long as the
owner of the land had been provided prior notice of the project.
E. The New Hanover Soil and Water Conservation District and the County Planning
Department within 20 days of receipt of any Plan, shall review such Plan and submit its
comments and recommendations to the County Engineering Department. Failure of the
Soil and Water Conservation District and the County Planning Department to submit its
comments and recommendations within 20 days or within the prescribed additional time
will not delay final action on the Plan.
F. The County will review each complete Plan submitted to them and within 30 days of
receipt. The person submitting the Plan, will be notified that it has been approved,
approved with modifications, or disapproved. The County shall condition approval of an
erosion control plan upon the applicant’s compliance with Federal and State Water Quality
laws, regulations, and rules. The County shall also disapprove an erosion control plan if
implementation of the Plan would result in a violation of rules adopted by the
Environmental Management Commission to protect riparian buffers along surface waters.
Failure to approve, approve with modifications, or disapprove a complete erosion and
sedimentation control Plan within 30 days of receipt shall be deemed approval.
Disapproval of an erosion control Plan or a revised erosion control Plan must specifically
state in writing the reasons for disapproval. The County must approve, approve with
modifications, or disapprove a revised Plan within 15 days of receipt, or it is deemed to be
approved. If, following commencement of a land-disturbing activity pursuant to an
approved Plan, the County determines that the Plan is inadequate to meet the
requirements of the Act and of this Ordinance, either upon review of such Plan or
inspection of the job site, the County shall require a revised Plan. Pending the preparation
of the revised Plan, work shall cease or shall continue under conditions outlined by the
appropriate authority. Approval with modification or disapproval of any proposed plan shall
entitle the person submitting the Plan to a public hearing in accordance with the provisions
of G.S. 113A-61(c).
G. Any plan submitted for a land-disturbing activity for which an environmental document is
required by the North Carolina Environmental Policy G.S. 113 Article 1, and the
Department rules set forth in 15A NCAC 01C. shall be deemed incomplete until a complete
environmental document is available for review. The County shall notify the person
submitting the Plan that the 30-day time limit for review of the Plan pursuant to subsection
F of this Section shall not begin until the environmental document is available for review.
Unified Development Ordinance | New Hanover County, NC 8-15
H. The County shall approve a Plan upon determining that it complies with all applicable
State and local regulations for erosion and sedimentation control. The County shall
condition approval of Plans upon the applicant’s compliance with the Federal and State
water quality laws, regulations and rules. Approval assumes the applicant’s compliance
with the Federal and State water quality laws regulations, and rules.
I. The Plan required by this section shall contain architectural or engineering drawings,
maps, assumptions, calculations, and narrative statements as needed to adequately
describe the proposed development of the tract and the measures planned to comply with
the requirements of this Ordinance. Plan content may vary to meet the needs of specific
site requirements. Detailed guidelines for Plan preparation may be obtained from the
County, on request. The Plan shall contain a schedule for inspections after each phase
has been completed.
J. The County may disapprove an erosion and sedimentation control Plan or disapprove a
transfer of a Plan under subsection K of this Section upon a finding that an applicant, or a
parent, subsidiary, or other affiliate of the applicant:
1. Is conducting or has conducted land-disturbing activity without an approved Plan,
or has received notice of violation of a Plan previously approved by the
Commission or a local government pursuant to this Article and has not complied
with the notice within the time specified in the notice;
2. Has failed to pay a civil penalty assessed pursuant to the Article or a local
Ordinance adopted pursuant to this Article by the time the payment is due;
3. Has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) or any criminal
provision of a local Ordinance adopted pursuant to this Article or;
4. Has failed to substantially comply with State rules or local Ordinances and
regulations adopted pursuant to this Article.
For purposes of Subsection J an applicant’s record or the proposed transferee’s record
may be considered for only two (2) years prior to the application date.
In the event that an erosion and sedimentation control Plan or transfer of a Plan is
disapproved by the county pursuant to subsection J of this Section, the County shall
notify the Director of the Division of Energy, Mineral, and Land Resources of such
disapproval within 10 days of the disapproval. The County shall advise the applicant or
the proposed transferee and the Director in writing as to the specific reasons that the
Plan was disapproved. Notwithstanding the provisions of Section 8.19.A, the applicant
may appeal the local government’s disapproval of the Plan directly to the Commission.
K. The County administering an erosion and sedimentation control program may transfer an
erosion and sedimentation control Plan approved pursuant to this Section without the
consent of the Plan holder to a successor-owner of the property on which the permitted
activity is occurring or will occur as provided in this subsection.
1. The County may transfer a Plan if all the following conditions are met:
a. The successor-owner of the property submits to the local government a written
request for the transfer of the Plan and an authorized statement of financial
responsibility and proof of ownership:
b. The County finds all the following:
1. The Plan holder is one of the following:
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i. A natural person who is diseased.
ii. A partnership, limited liability corporation, corporation, or any
other business association that has been dissolved.
iii. A person who has been lawfully and finally divested of title to
the property on which the permitted activity is occurring or will
occur.
iv. A person who has sold the property on which the permitted
activity is occurring or will occur.
2. The Plan holder shall comply with all terms and conditions of the Plan until such
time as the Plan is transferred.
3. The successor-owner shall comply with all terms and conditions of the Plan once
the Plan has been transferred.
4. Notwithstanding changes to law made after the original issuance of the Plan, the
County may not impose new or different terms and conditions in the Plan without
the prior express consent of the successor-owner. Nothing in this subsection shall
prevent the County from requiring a revised Plan pursuant to G.S. 113A-54.1 (b).
L. No person may initiate a land-disturbing activity before notifying the agency that issued
the Plan approval of the date that the land-disturbing activity will begin. The County shall
also be notified when the initial erosion control measures are installed, if no
preconstruction meeting is held. If preconstruction meetings become a requirement it must
be included on the plan.
M. Applications for amendment of an erosion control Plan in written and/or graphic form may
be made at any time under the same conditions as the original application. Until such time
as said amendment is approved by the County, the land-disturbing activity shall not
proceed except in accordance with the erosion control Plan as originally approved.
N. Any person engaged in land-disturbing activity who fails to file a Plan in accordance with
the Ordinance or who conducts a land-disturbing activity except in accordance with
provisions of an approved Plan shall be deemed in violation of this Ordinance.
O. All land-disturbing activities required to have an approved erosion and sedimentation
control plan under G.S. 113A-54.1(e) and Sec. 8.18 (A) shall conduct self-inspections for
initial installation or modification of any erosion and sedimentation control devices and
practices described in an approved Plan. In addition, weekly and rain-event self-
inspections are required by Federal regulations, that are implemented through the NPDES
Construction General Permit No. NCG010000.
Where self-inspections are required by G.S. 113A-54.1(e) and Section 8.18.O of this
Ordinance, the following apply:
1. The person who performs the inspections shall make a record of the site inspection
by documenting the following items: The inspection shall be performed during or
after each of the following phases of the Plan;
a. Initial installation of the erosion and sedimentation control measures;
b. Clearing and grubbing of existing ground cover;
c. Completion of any grading that requires ground cover;
Unified Development Ordinance | New Hanover County, NC 8-17
d. Completion of all land-disturbing activity, construction, or development,
including permanent ground cover establishment and removal of all
temporary measures; and
e. Transfer of ownership or control of the tract of land where the erosion and
sedimentation control Plan has been approved and work has begun. The
new owners or person in control shall conduct and document inspections
until the project is permanently stabilized as set forth in Sub-Item 1(c) of
this Section.
2. Documentation of self-inspections performed under Section 1 shall include:
a. Visual verification of ground stabilization and other erosion control
measures and practices as called for in the approved Plan;
b. Verification by measurement of settling basins, temporary construction
entrances, energy dissipaters, and traps;
c. The name, address, organization affiliation, telephone number, and
signature of the person conducting the inspection and the date of the
inspection shall be included, whether on a copy of the approved erosion
and sedimentation control Plan or an inspection report. A template for an
example of an inspection and monitoring report is provided on the DEMLR
website at https://deq.nc.gov/about/divisions/energy-mineral-land-
resources/erosion-sediment-control/forms. Any relevant licenses and
certifications may also be included. Any documentation of inspections that
occur on a copy of the approved erosion and sedimentation control Plan
shall occur on a single copy of the Plan and the Plan shall be made
available on the site.
d. A record of any significant deviation from any erosion or sedimentation
control measure from that on the approved Plan. For the purpose of this
Section, a “significant deviation” means an omission, alternation, or
relocation of an erosion or sedimentation control measure that prevents it
from performing as intended. The record shall include measures required
to correct the significant deviation, along with documentation of when those
measures were taken. Deviations from the approved Plan may also be
recommended to enhance the intended performance of the sedimentation
and erosion control measures.
Section 8.19. Plan Review Appeals
A. Except as provided in subsection B of this section, the appeal of a disapproval or approval
with modifications of a Plan shall be governed by the following provisions:
1. The disapproval or modification of any proposed erosion control Plan by the
County shall entitle the person submitting the Plan or applying for the permit, to a
public hearing if such person submits written demand for a hearing within 15 days
after receipt of written notice of disapproval or modifications.
2. Hearings held pursuant to this section shall be conducted by the County Engineer
within ten (10) days after the date of the appeal or request for a hearing.
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3. The County Engineer shall make recommendations to the New Hanover County
Board of Commissioners, within ten days (10) after the date of the hearing on any
erosion control Plan.
4. The Board of Commissioners will render its final decision on any Plan upon which
a hearing is requested within 30 days of conducting the hearings.
5. If the Board of Commissioners upholds the disapproval or modification of a
proposed Plan following the hearing, the person submitting the Plan shall then be
entitled to appeal the Board of Commissioners decision to the Commission. The
Commission shall direct the Secretary to appoint employees of the Department as
provided in G.S. 113A-61(c) and Title 15A NCAC 4B.0118 (d), to a Plan review
committee, to hear appeals from the disapproval or modification of erosion and
sedimentation control Plans by local governments. Within 30 days following receipt
of notification of the appeal, department employees shall complete the review and
shall notify the County and the person appealing the County decision that the Plan
should be approved, approved with modifications, or disapproved.
6. If either the local government or the person submitting the Plan disagrees with the
decision reached by the Department, the applicants right under G.S. 113A-54.1(d)
to appeal the Director’s disapproval of an erosion control Plan under G.S. 113 A-
54.1(c) gives rise to a right to an appeal to the Commission by filing a notice within
15 days with the Director of the Division of Energy, Mineral, and Land Resources.
A Plan review committee consisting of three members of the Commission will be
appointed to review the Department’s decision. Within 10 days following receipt of
the notification of appeal, the Commissions erosion and sedimentation Plan review
committee shall notify the local government and the person submitting the plan of
a place and time for a hearing for consideration of the appeal. Both parties shall
be given at least 15 days’ notice of the hearing and an opportunity to present
written or oral arguments. The erosion and sedimentation Plan review committee
shall notify both parties of its decision concerning the approval, disapproval, or
modification of the proposed Plan within 30 days following the hearing.
7. An applicant desiring to appeal the Commission’s disapproval of an erosion control
Plan shall file with the Office of Administrative Hearings a contested case petition
under G.S. 150B, Article 3.
B. If an erosion control Plan is disapproved pursuant to Section 8.18.H, of this Ordinance.
The applicant may appeal the County disapproval of the Plan directly to the State
Sedimentation Control Commission.
Section 8.20. Inspections and Investigations
A. Agents, officials, or other qualified persons authorized by the County, will periodically
inspect land-disturbing activity to ensure compliance with the Act, this Ordinance, or rules
or orders adopted or issued pursuant to this Ordinance, and to determine whether the
measures required in the Plan are effective in controlling erosion and sedimentation
resulting from land-disturbing activity. Notice of the right to inspect shall be included in the
notification of each Plan approval.
B. If the County determines that a person engaged in land-disturbing activity has failed to
comply with the Act, this Ordinance, or rules, or orders adopted or issued pursuant to this
Ordinance, or has failed to comply with an approved Plan, a notice of violation shall be
served upon that person by any means authorized under in G.S. 1A-1 Rule 4 to give actual
Unified Development Ordinance | New Hanover County, NC 8-19
notice. The notice shall set forth the measures necessary to achieve compliance with the,
Act, this Ordinance, or rules, or orders adopted or issued pursuant to this Ordinance,
specify a reasonable time period within which such measures must be completed, and
warn that failure to correct the violation within the time period specified in the notice of
violation may result in additional civil and criminal penalties for a continuing violation as
provided in G.S. 113A-64 and this Ordinance. However, no time period for compliance
need be given for failure to submit an erosion control Plan for approval or for willfully
obstructing, hampering or interfering with an authorized representative, while in the
process of carrying out his official duties. If the person engaged in land-disturbing activity
fails to comply within the time specified, enforcement action may be initiated.
C. The County shall have power to conduct such investigations as it may reasonably deem
necessary to carry out its duties as prescribed in this Ordinance, and for this purpose to
enter at reasonable times upon any property, public or private, for the purpose of
investigating and inspecting the sites of any land-disturbing activity. No person shall refuse
entry or access to any authorized representative or agent who requests entry for purposes
of inspection and who presents appropriate credentials;
D. The County shall also have the power to require written statements, or the filing of reports
under oath, with respect to pertinent questions relating to land-disturbing activity including
self-inspections, engineering design reports, or Notices of Violation (NOVs), as necessary
to carry out duties specified in the Act or this Ordinance.
Section 8.21. Penalties
A. Civil Penalties:
1. Any person who violates any of the provisions of this Ordinance, or rules or orders
adopted or issued pursuant to this Ordinance, or order adopted or issued pursuant
to this Ordinance, or who initiates or continues a land-disturbing activity for which
a Plan is required except in accordance with the terms, conditions, and provisions
of an approved Plan, shall be subject to a civil penalty. The maximum civil penalty
amount that the county may assess per is five thousand dollars ($5,000.00) per
calendar day. A civil penalty may be assessed from the date of the violation. Each
day of a continuing violation shall constitute a separate violation. The person
alleged to be in violation will be notified of the violation by any means authorized
under G.S. 1A-1 Rule 4 to give actual notice. The notice shall describe the
violation, state the reason for accessing the penalty, request the illegal activity
cease, specify the actions to be taken, specify a reasonable time period within
which the violation must be corrected, and warn that failure to correct the violation
within the time period will result in the assessment of a civil penalty or other
enforcement action pursuant to G.S. 113A-64. If, after the allotted time period has
expired, the violator has not completed corrective action, a civil penalty may be
assessed from the date of the notice of violation. However, no time period for
compliance need be given for failure to submit an erosion control Plan for approval
or for obstructing, hampering or interfering with an authorized representative while
in the process of carrying out his official duties. Each day of continuing violation
shall constitute a separate violation. When the person has not been assessed any
civil penalty under this subsection for any previous violation, and the person abated
the continuing environmental damage resulting from the violation within 180 days
from the date of the notice of violation, the maximum cumulative total civil penalty
assessed under this subsection for all violations associated with the land-
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disturbing activity for which the erosion and sedimentation control Plan is required
is twenty-five thousand dollars ($25,000).
2. The County Manager or his designee shall determine the amount of the civil
penalty to be assessed under this subsection and shall notify the person who is
assessed the civil penalty of the amount of the penalty and the reason for
assessing the penalty. In determining the amount of the penalty the County
Manager or his designee shall consider the severity of the violation, the type(s) of
violation; the duration; the cause; the extent of any off-site damage which may
have resulted; effectiveness of action taken by the violator; adherence to the Plan
submitted by the violator; effectiveness of the Plan submitted by the violator;
estimated cost of taking corrective sediment control actions; staff investigative
cost; the amount of money the violator saved by noncompliance, whether the
violation was committed willfully, and the prior record of the violator in complying
or failing to comply with this Ordinance, the Commission, or the Act. The County
shall provide notice of the civil penalty amount and basis for assessment to the
person assessed. The notice of assessment shall be served by any means
authorized under G.S. 1A-1, Rule 4. The notice of assessment shall direct the
violator to either pay the civil penalty assessment, or contest the assessment within
30 days after receipt of the notice of assessment, by filing a written petition for a
hearing before the Board of County Commissioners, or file a request with the
Sedimentation Control Commission for remission of the assessment within 60 days
of receipt of the notice. A remission request must be accompanied by a waiver of
the right to a contested case hearing pursuant to Chapter 150B of the North
Carolina General Statutes and a stipulation of the facts on which the assessment
was based. Notice of the assessment shall be served by any means authorized
under G.S.1A-1, Rule 4 to give actual notice.
3. Any appeals from the determination of the Board of County Commissioners must
be filed with the Superior Court of the County within 30 days following the Board’s
issuance of its final determination. If payment is not received or equitable
settlement reached within 60 days after demand for payment is made, the matter
shall be referred to the County Attorney for institution of a civil action in the name
of the County in Superior Court where the violation occurred, or the violators
residence or principle place of business. A civil action must be filed within three (3)
years of the date the assessment was due. An assessment that is not contested
is due when the violator is served with a notice of assessment. An assessment
that is contested is due at the conclusion of the administrative and judicial review
of the assessment.
4. The clear proceeds of civil penalties collected pursuant to this Ordinance shall be
remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C-
457.2. Penalties collected by the County may be diminished only by the actual
costs of collection. The collection cost percentage to be used shall be established
and approved by the North Carolina Office of State Budget and Management on
an annual basis, based upon the computation of actual collection cost by each
County for the prior fiscal year. (In any event, the cost percentage shall not exceed
twenty percent (20%) of penalties collected).
B. Criminal Penalties: Any person who knowingly or willfully violates any provision of this
Ordinance, or rule or order adopted or issued pursuant to this Ordinance, or who knowingly
or willfully initiates or continues a land-disturbing activity for which an erosion control Plan
is required except in accordance with terms, conditions, and provisions of an approved
Unified Development Ordinance | New Hanover County, NC 8-21
Plan, shall be guilty of a Class 2 misdemeanor which may include a fine not to exceed five
thousand dollars ($5,000.00) per calendar day as provided in G.S. 113A-64.
Section 8.22. Injunctive Relief
A. Whenever the governing body has reasonable cause to believe that any person is violating
or threatening to violate this Ordinance or any rule or order adopted or issued pursuant to
this Ordinance, or any term, condition, or provision of an approved Plan, it may, either
before or after the institution of any other action or proceeding authorized by this
Ordinance, institute a civil action in the name of the County, for injunctive relief to restrain
the violation or threatened violation. The action shall be brought in the Superior Court of
the County in which the violation is occurring or is threatened.
B. Upon determination by a Court that an alleged violation is occurring or is threatened, the
Court shall enter any order or judgment that is necessary to abate the violation, to ensure
that restoration is performed, or to prevent the threatened violation. The institution of an
action for injunctive relief under this section shall not relieve any party to such proceedings
from any civil or criminal penalty prescribed for violations of this Ordinance.
Section 8.23. Severability
If any section or sections of this Ordinance is/are held to be invalid or unenforceable, all other
sections shall nevertheless continue in full force and effect.
Section 8.24. Effective Date
November 16, 2020
Section 8.25. Reserved
Unified Development Ordinance | New Hanover County, NC 9-1
Article 9: Flood Damage Prevention
Section 9.1. Statutory Authorization
The Legislature of the state of North Carolina has in Part 6, Article 21 of Chapter 143; Article 6 of
Chapter 153A; Article 8 of Chapter 160A; and Articles 7, 9, and 11 of Chapter 160D, N.C.G.S.,
delegated to local governmental units the authority to adopt regulations designed to promote the
public health, safety, and general welfare. Therefore, the Board of Commissioners of New
Hanover County, North Carolina, does ordain as follows: [05-03-2021]
Section 9.2. Findings of Fact
9.2.1. The flood prone areas within the unincorporated County are subject to periodic inundation
which results in loss of life, property, health and safety hazards, disruption of commerce
and governmental services, extraordinary public expenditures of flood protection and
relief, and impairment of the tax base, all of which adversely affect the public health, safety,
and general welfare.
9.2.2. These flood losses are caused by the cumulative effect of obstructions in floodplains
causing increases in flood heights and velocities and by the occupancy in flood prone
areas of uses vulnerable to floods or other hazards.
Section 9.3. Purpose
It is the purpose of this article to promote public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions within flood prone areas by provisions
designed to:
9.3.1. Restrict or prohibit uses that are dangerous to health, safety, and property due to water or
erosion hazards, or that result in damaging increases in erosion, flood heights, or
velocities;
9.3.2. Require that uses vulnerable to floods, including facilities that serve such uses, be
protected against flood damage at the time of initial construction;
9.3.3. Control the alteration of natural floodplains, stream channels, and natural protective
barriers, which are involved in the accommodation of floodwaters;
9.3.4. Control filling, grading, dredging, and all other development that may increase erosion or
flood damage; and
9.3.5. Prevent or regulate the construction of flood barriers that will unnaturally divert flood
waters or which may increase flood hazards to other lands.
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Section 9.4. Objectives
The objectives of this article are to:
9.4.1. Protect human life, safety, and health;
9.4.2. Minimize expenditure of public money for costly flood control projects;
9.4.3. Minimize the need for rescue and relief efforts associated with flooding that are
generally undertaken at the expense of the general public;
9.4.4. Minimize prolonged business losses and interruptions;
9.4.5. Minimize damage to public facilities and utilities (i.e. water and gas mains, electric,
telephone, cable and sewer lines, streets, and bridges) that are located in flood prone
areas;
9.4.6. Minimize damage to private and public property due to flooding;
9.4.7. Make flood insurance available to the community through the National Flood
Insurance Program;
9.4.8. Maintain the natural and beneficial functions of floodplains;
9.4.9. Help maintain a stable tax base by providing for the sound use and development of
flood prone areas; and
9.4.10. Ensure that potential buyers are aware that property is in a Special Flood Hazard
Area.
Section 9.5. Definitions
Unless specifically defined below, words or phrases used in this article shall be interpreted so as
to give them the meaning they have in common usage and to give this article it’s most reasonable
application.
ACCESSORY STRUCTURE (APPURTENANT STRUCTURE)
A structure located on the same parcel of property as the principal structure and the use of which
is incidental to the use of the principal structure. Garages, carports and storage sheds are
common accessory structures. Pole barns, hay sheds and the like qualify as accessory structures
on farms, and may or may not be located on the same parcel as the farm dwelling or shop building.
ADDITION (TO AN EXISTING BUILDING)
An extension or increase in the floor area or height of a building or structure.
ALTERATION OF A WATERCOURSE
A dam, impoundment, channel relocation, change in channel alignment, channelization, or
change in cross-sectional area of the channel or the channel capacity, or any other form of
modification which may alter, impede, retard or change the direction and/or velocity of the riverine
flow of water during conditions of the base flood.
APPEAL
A request for a review of the Floodplain Administrator's interpretation of any provision of this
article.
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AREA OF SHALLOW FLOODING
A designated Zone AO or AH on a community's Flood Insurance Rate Map (FIRM) with base flood
depths determined to be from one to three feet. These areas are located where a clearly defined
channel does not exist, where the path of flooding is unpredictable and indeterminate, and where
velocity flow may be evident.
AREA OF SPECIAL FLOOD HAZARD.
See “Special Flood Hazard Area (SFHA)”.
BASE FLOOD
The flood having a one percent chance of being equaled or exceeded in any given year.
BASE FLOOD ELEVATION (BFE)
A determination of the water surface elevations of the base flood as published in the Flood
Insurance Study. When the BFE has not been provided in a Special Flood Hazard Area, it may
be obtained from engineering studies available from a federal, state, or other source using FEMA
approved engineering methodologies. This elevation, when combined with the Freeboard,
establishes the Regulatory Flood Protection Elevation.
BASEMENT
Any area of the building having its floor subgrade (below ground level) on all sides.
BOARD OF ADJUSTMENT
The New Hanover County Board of Adjustment charged with the responsibility of hearing and
deciding appeals and requests for variance from the requirements of this article.
BREAKAWAY WALL
A wall that is not part of the structural support of the building and is intended through its design
and construction to collapse under specific lateral loading forces without causing damage to the
elevated portion of the building of the supporting foundation system.
BUILDING
See “Structure”.
CHEMICAL STORAGE FACILITY
A building, portion of a building, or exterior area adjacent to a building used for the storage of any
chemical or chemically reactive products.
COASTAL AREA MANAGEMENT ACT (CAMA)
North Carolina’s Coastal Area Management Act. This act, along with the Dredge and Fill Law and
the Federal Coastal Zone Management Act, is managed through the North Carolina Department
of Environmental Quality’s (NCDEQ’s) Division of Coastal Management (DCM).
COASTAL A ZONE (CAZ)
An area within a special flood hazard area, landward of a V zone or landward of an open coast
without mapped V zones; in a Coastal A Zone, the principal source of flooding must be
astronomical tides, storm surges, seiches, or tsunamis, not riverine flooding. During the base
flood conditions, the potential for wave heights shall be greater than or equal to 1.5 feet. Coastal
A Zones are not normally designated on FIRMs. (see Limit of Moderate Wave Action (LiMWA))
COASTAL BARRIER RESOURCES SYSTEM (CBRS)
The undeveloped portions of coastal barrier islands and adjoining areas established by the
Coastal Barrier Resources Act (CoBRA) of 1982, the Coastal Barrier Improvement Act (CBIA) of
1990, and subsequent revisions, and includes areas owned by federal or state governments or
private conservation organizations identified as Otherwise Protected Areas (OPA).
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COASTAL HIGH HAZARD AREA
A Special Flood Hazard Area extending from offshore to the inland limit of a primary frontal dune
along an open coast and any other area subject to high velocity wave action from storms or
seismic sources. The area is designated on a FIRM, or other adopted flood map as determined
in this article, as Zone VE.
COUNTY
New Hanover County, North Carolina, a political subdivision of the state of North Carolina.
DESIGN FLOOD:
See “Regulatory Flood Protection Elevation.”
DEVELOPMENT
Any man-made change to improved or unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling
operations, or storage of equipment or materials.
DEVELOPMENT ACTIVITY
Any activity defined as development which will necessitate a floodplain development permit. This
includes buildings, structures, and non-structural items, including (but not limited to) fill,
bulkheads, piers, pools, docks, landings, ramps, and erosion control/stabilization measures.
DIGITAL FLOOD INSURANCE RATE MAP (DFIRM)
The digital official map of a community, issued by the Federal Emergency Management Agency
(FEMA), on which both the Special Flood Hazard Areas and the risk premium zones applicable
to the community are delineated.
DISPOSAL
As defined in Section 130A-290(a)(6), N.C.G.S., the discharge, deposit, injection, dumping,
spilling, leaking, or placing of any solid waste into or on any land or water so that the solid waste
or any constituent part of the solid waste may enter the environment or be emitted into the air or
discharged into any waters, including groundwaters.
ELEVATED BUILDING
A non-basement building which has its lowest elevated floor raised above ground level by
foundation walls, shear walls, posts, piers, pilings, or columns.
ENCROACHMENT
The advance or infringement of uses, fill, excavation, buildings, structures or development into a
special flood hazard area, which may impede or alter the flow capacity of a floodplain.
EXISTING BUILDING AND EXISTING STRUCTURE
Any building and/or structure for which the “start of construction” commenced before April 3, 1978.
EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
A manufactured home park or subdivision for which the construction of facilities for servicing the
lots on which the manufactured homes are to be affixed (including, at a minimum, the installation
of utilities, the construction of streets, and either final site grading or the pouring of concrete pads)
is completed before the initial effective date of the floodplain management regulations adopted
by the community.
EXPANSION TO AN EXISTING MANUFACTURED HOME PARK OR MANUFACTURED HOME SUBDIVISION
The preparation of additional sites by the construction of facilities for serving the lot on which the
manufactured homes are to be affixed (including the installation of utilities, either final site grading
or pouring of concrete pads, or the construction of streets).
Unified Development Ordinance | New Hanover County, NC 9-5
FLOOD OR FLOODING
A general and temporary condition of partial or complete inundation of normally dry land areas
from:
(a) The overflow of inland or tidal waters; and/or
(b) The unusual and rapid accumulation or runoff of surface waters from any source.
FLOOD BOUNDARY AND FLOODWAY MAP (FBFM)
An official map of a community, issued by the FEMA, on which the Special Flood Hazard Areas
and the floodways are delineated. This official map is a supplement to and shall be used in
conjunction with the Flood Insurance Rate Map (FIRM).
FLOOD HAZARD BOUNDARY MAP (FHBM)
An official map of a community, issued by the FEMA, where the boundaries of the Special Flood
Hazard Areas have been defined as Zone A.
FLOOD INSURANCE
The insurance coverage provided under the National Flood Insurance Program.
FLOOD INSURANCE RATE MAP (FIRM)
An official map of a community, issued by the FEMA, on which both the Special Flood Hazard
Areas and the risk premium zones applicable to the community are delineated. (see also DFIRM)
FLOOD INSURANCE STUDY (FIS)
An examination, evaluation, and determination of flood hazards, corresponding water surface
elevations (if appropriate), flood hazard risk zones, and other flood data in a community issued
by the FEMA. The Flood Insurance Study report includes Flood Insurance Rate Maps (FIRMs)
and Flood Boundary and Floodway Maps (FBFMs), if published.
FLOOD PRONE AREA
See “Floodplain”
FLOOD ZONE
A geographical area shown on a Flood Hazard Boundary Map or Flood Insurance Rate Map that
reflects the severity or type of flooding in the area.
FLOODPLAIN
Any land area susceptible to being inundated by water from any source.
FLOODPLAIN ADMINISTRATOR
The individual appointed to administer and enforce this article. The Floodplain Administrator is
Planning Director.
FLOODPLAIN DEVELOPMENT PERMIT
Any type of permit that is required by this article, prior to the commencement of any development
activity.
FLOODPLAIN MANAGEMENT
The operation of an overall program of corrective and preventive measures for reducing flood
damage and preserving and enhancing, where possible, natural resources in the floodplain,
including, but not limited to, emergency preparedness plans, flood control works, floodplain
management regulations, and open space plans.
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FLOODPLAIN MANAGEMENT REGULATIONS
This article, this LDC, building codes, health regulations, special purpose ordinances, and other
applications of police power. This term describes federal, state, or local regulations, in any
combination, which provide standards for preventing and reducing flood loss and damage.
FLOODPROOFING
Any combination of structural and nonstructural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved real property, water and
sanitation facilities, structures, and their contents.
FLOOD-RESISTANT MATERIAL
Any building product [material, component or system] capable of withstanding direct and
prolonged contact (minimum 72 hours) with floodwaters without sustaining damage that requires
more than low-cost cosmetic repair. Any material that is water-soluble or is not resistant to alkali
or acid in water, including normal adhesives for above-grade use, is not flood-resistant. Pressure-
treated lumber or naturally decay-resistant lumbers are acceptable flooring materials. Sheet-type
flooring coverings that restrict evaporation from below and materials that are impervious, but
dimensionally unstable are not acceptable. Materials that absorb or retain water excessively after
submergence are not flood-resistant. Please refer to Technical Bulletin 2, Flood Damage-
Resistant Materials Requirements, available from the FEMA. Class 4 and 5 materials, referenced
therein, are acceptable flood-resistant materials.
FLOODWAY
The channel of a river or other watercourse, including the area above a bridge or culvert when
applicable, and the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one foot.
FLOODWAY ENCROACHMENT ANALYSIS
An engineering analysis of the impact that a proposed encroachment into a floodway or non-
encroachment area is expected to have on the floodway boundaries and flood levels during the
occurrence of the base flood discharge. The evaluation shall be prepared by a qualified North
Carolina licensed engineer using standard engineering methods and models.
FREEBOARD
The height added to the BFE to account for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood and floodway conditions,
such as wave action, blockage of bridge or culvert openings, and the hydrological effect of
urbanization of the watershed. The BFE plus the freeboard establishes the “Regulatory Flood
Protection Elevation”.
FUNCTIONALLY DEPENDENT FACILITY
A facility which cannot be used for its intended purpose unless it is located in close proximity to
water, limited to a docking or port facility necessary for the loading and unloading of cargo or
passengers, shipbuilding, or ship repair. The term does not include long-term storage,
manufacture, sales, or service facilities.
HAZARDOUS WASTE MANAGEMENT FACILITY
As defined in Section 30A, Article 9, N.C.G.S., a facility for the collection, storage, processing,
treatment, recycling, recovery, or disposal of hazardous waste.
HIGHEST ADJACENT GRADE (HAG)
The highest natural elevation of the ground surface, prior to construction, immediately next to the
proposed walls of the structure.
Unified Development Ordinance | New Hanover County, NC 9-7
HISTORIC STRUCTURE
Any structure that is:
(a) Listed individually in the National Register of Historic Places (a listing maintained
by the US Department of Interior) or preliminarily determined by the Secretary of
Interior as meeting the requirements for individual listing on the National Register;
(b) Certified or preliminarily determined by the Secretary of Interior as contributing to
the historical significance of a registered historic district or a district preliminarily
determined by the Secretary to qualify as a registered historic district;
(c) Individually listed on a local inventory of historic landmarks in communities with a
“Certified Local Government (CLG) Program”; or
(d) Certified as contributing to the historical significance of a historic district designated
by a community with a “Certified Local Government (CLG) Program.”
Certified Local Government (CLG) Programs are approved by the US Department of the Interior
in cooperation with the North Carolina Department of Cultural Resources through the state
Historic Preservation Officer as having met the requirements of the National Historic Preservation
Act of 1966 as amended.
LETTER OF MAP CHANGE (LOMC)
An official determination issued by FEMA that amends or revises an effective Flood Insurance
Rate Map or Flood Insurance Study. Letters of Map Change include:
(a) Letter of Map Amendment (LOMA): An official amendment, by letter, to an
effective National Flood Insurance Program Map. A LOMA is based on technical
data showing that a property had been inadvertently mapped as being in the
floodplain, but is actually on natural high ground above the base flood elevation. A
LOMA amends the current effective Flood Insurance Rate Map and establishes
that a specific property, portion of a property, or structure is not located in a special
flood hazard area.
(b) Letter of Map Revision (LOMR): A revision based on technical data that may
show changes to flood zones, flood elevations, special flood hazard area
boundaries and floodway delineations, and other planimetric features.
(c) Letter of Map Revision Based on Fill (LOMR-F): A determination that a structure
or parcel of land has been elevated by fill above the BFE and is, therefore, no
longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with the
community’s floodplain management regulations.
(d) Conditional Letter of Map Revision (CLOMR): A formal review and comment
as to whether a proposed project complies with the minimum NFIP requirements
for such projects with respect to delineation of special flood hazard areas. A
CLOMR does not revise the effective Flood Insurance Rate Map or Flood
Insurance Study; upon submission and approval of certified as-built
documentation, a Letter of Map Revision may be issued by FEMA to revise the
effective FIRM.
LIGHT DUTY TRUCK
Any motor vehicle rated at 8,500 pounds Gross Vehicular Weight Rating or less which has a
vehicular curb weight of 6,000 pounds or less and which has a basic vehicle frontal area of 45
square feet or less as defined in 40 CFR 86.082-2 and is:
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(a) Designed primarily for purposes of transportation of property or is a derivation of
such a vehicle, or
(b) Designed primarily for transportation of persons and has a capacity of more than
12 persons; or
(c) Available with special features enabling off-street or off-highway operation and
use.
LIMIT OF MODERATE WAVE ACTION (LIMWA)
The boundary line given by FEMA on coastal map studies marking the extents of Coastal A Zones
(CAZ).
LOWEST ADJACENT GRADE (LAG)
The lowest elevation of the ground, sidewalk, or patio slab immediately next to the building, or
deck support, after completion of the building.
LOWEST FLOOR
The lowest floor of the lowest enclosed area (including basement). An unfinished or flood
resistant enclosure, usable solely for parking of vehicles, building access, or limited storage in an
area other than a basement area is not considered a building's lowest floor, provided that such
an enclosure is not built so as to render the structure in violation of the applicable non-elevation
design requirements of this article.
MANUFACTURED HOME
A structure, transportable in one or more sections, which is built on a permanent chassis and
designed to be used with or without a permanent foundation when connected to the required
utilities. The term “manufactured home” does not include a “recreational vehicle”.
MANUFACTURED HOME PARK OR SUBDIVISION
A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent
or sale.
MARKET VALUE
The building value, not including the land value and that of any accessory structures or other
improvements on the lot. Market value may be established by independent certified appraisal;
replacement cost depreciated for age of building and quality of construction (Actual Cash Value);
or adjusted tax assessed values.
NEW CONSTRUCTION
Structures for which the “start of construction” commenced on or after the effective date of the
initial floodplain management regulations and includes any subsequent improvements to such
structures.
NON-ENCROACHMENT AREA (NEA)
The channel of a river or other watercourse, including the area above a bridge or culvert when
applicable, and the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one foot as designated in
the Flood Insurance Study report.
OTHERWISE PROTECTED AREA (OPA).
See “Coastal Barrier Resources System (CBRS)”.
POST-FIRM
Construction or other development for which the “start of construction” occurred on or after July
17, 1978, the effective date of the initial Flood Insurance Rate Map.
Unified Development Ordinance | New Hanover County, NC 9-9
PRE-FIRM
Construction or other development for which the “start of construction” occurred before July 17,
1978, the effective date of the initial Flood Insurance Rate Map.
PRIMARY FRONTAL DUNE (PFD)
A continuous or nearly continuous mound or ridge of sand with relatively steep seaward and
landward slopes immediately landward and adjacent to the beach and subject to erosion and
overtopping from high tides and waves during major coastal storms. The inland limit of the primary
frontal dune occurs at the point where there is a distinct change from a relatively steep slope to a
relatively mild slope.
PRINCIPALLY ABOVE GROUND
At least 51 percent of the actual cash value of the structure is above ground.
PUBLIC SAFETY AND/OR NUISANCE
Anything which is injurious to the safety or health of an entire community or neighborhood, or any
considerable number of persons, or unlawfully obstructs the free passage or use, in the customary
manner, of any navigable lake, or river, bay, stream, canal, or basin.
RECREATIONAL VEHICLE (RV)
A vehicle, which is:
(a) Built on a single chassis;
(b) 400 square feet or less when measured at the largest horizontal projection;
(c) Designed to be self-propelled or permanently towable by a light duty truck;
(d) Designed primarily not for use as a permanent dwelling, but as temporary living
quarters for recreational, camping, travel, or seasonal use, and
(e) Is fully licensed and ready for highway use.
REFERENCE LEVEL
The top of the lowest floor for structures within Special Flood Hazard Areas designated as Zones
A, AE, AH, AO, A99. The reference level is the bottom of the lowest horizontal structural member
of the lowest floor for structures within Special Flood Hazard Areas designated as Zone VE.
REGULATORY FLOOD PROTECTION ELEVATION
The “Base Flood Elevation” plus the “Freeboard”. In Special Flood Hazard Areas where Base
Flood Elevations (BFEs) have been determined, this elevation shall be the BFE plus two feet of
freeboard. In Special Flood Hazard Areas where no BFE has been established, this elevation
shall be at least two feet above the highest adjacent grade.
REMEDY A VIOLATION
To bring the structure or other development into compliance with state and community floodplain
management regulations, or, if this is not possible, to reduce the impacts of its noncompliance.
Ways that impacts may be reduced include protecting the structure or other affected development
from flood damages, implementing the enforcement provisions of this article or otherwise
deterring future similar violations, or reducing federal financial exposure with regard to the
structure or other development.
RIVERINE
Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
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SALVAGE YARD
Any non-residential property used for the storage, collection, and/or recycling of any type of
equipment, and including but not limited to vehicles, appliances and related machinery.
SAND DUNES
Naturally occurring accumulations of sand in ridges or mounds landward of the beach.
SHEAR WALL
Walls used for structural support but not structurally joined or enclosed at the end (except by
breakaway walls). Shear walls are parallel or nearly parallel to the flow of the water.
SOLID WASTE DISPOSAL FACILITY
Any facility involved in the disposal of solid waste, as defined in Section130A-290(a) (35),
N.C.G.S.
SOLID WASTE DISPOSAL SITE
As defined in Section 130A-290(a) (36), N.C.G.S., any place at which solid wastes are disposed
of by incineration, sanitary landfill, or any other method.
SPECIAL FLOOD HAZARD AREA (SFHA)
The land in the floodplain subject to a one percent or greater chance of being flooded in any given
year, as determined by this article.
START OF CONSTRUCTION
Includes substantial improvement, and means the date the building permit was issued provided
the actual start of construction, repair, reconstruction, rehabilitation, addition placement, or other
improvement was within 180 days of the permit date. The actual start means either the first
placement of permanent construction of a structure on a site, such as the pouring of slab or
footings, the installation of piles, the construction of columns, or any work beyond the stage of
excavation; or the placement of a manufactured home on a foundation. Permanent construction
does not include land preparation, such as clearing, grading, and filling; nor does it include the
installation of streets and/or walkways; nor does it include excavation for a basement, footings,
piers, or foundations, or the erection of temporary forms; nor does it include the installation on the
property of accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of construction means
the first alteration of any wall, ceiling, floor, or other structural part of the building, whether or not
that alteration affects the external dimensions of the building.
STRUCTURE
A walled and roofed building, a manufactured home, or a gas, liquid, or liquefied gas storage tank
that is principally above ground.
SUBSTANTIAL DAMAGE
Damage of any origin sustained by a structure during any five-year period whereby the cost of
restoring the structure to it’s before damaged condition would equal or exceed 50 percent of the
market value of the structure before the damage occurred. See definition of “substantial
improvement.”
SUBSTANTIAL IMPROVEMENT
Any combination of repairs, reconstruction, rehabilitation, addition, or other improvement of a
structure, taking place during any five-year period for which the cost equals or exceeds 50 percent
of the market value of the structure before the “start of construction” of the improvement. This
term includes structures which have incurred “substantial damage”, regardless of the actual repair
work performed. The term does not, however, include either:
Unified Development Ordinance | New Hanover County, NC 9-11
(a) Any correction of existing violations of state or community health, sanitary, or
safety code specifications which have been identified by the community code
enforcement official and which are the minimum necessary to assure safe living
conditions; or
(b) Any alteration of a historic structure, provided that the alteration will not preclude
the structure's continued designation as a historic structure and the alteration is
approved by variance issued pursuant to Section 9.7.5, Variance Procedures.
TEMPERATURE CONTROLLED
Having the temperature regulated by a heating and/or cooling system, built-in or appliance.
VARIANCE
A grant of relief from the requirements of this article.
VIOLATION
The failure of a structure or other development to be fully compliant with the community's
floodplain management regulations. A structure or other development without the elevation
certificate, other certifications, or other evidence of compliance required in Section 9.7,
Administration, and Section 9.8, Provisions for Flood Hazard Reduction, is presumed to be in
violation until such time as that documentation of compliance is provided.
WATER SURFACE ELEVATION (WSE)
The height, in relation to NAVD 1988, of floods of various magnitudes and frequencies in the
floodplains of coastal or riverine areas.
WATERCOURSE
A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters
flow at least periodically. Watercourse includes specifically designated areas in which substantial
flood damage may occur.
Section 9.6. General Provisions
9.6.1. APPLICABILITY AND BASIS FOR SPECIAL FLOOD HAZARD AREAS
This article applies to all land and development in the Special Flood Hazard Areas
within unincorporated New Hanover County, as identified under the Cooperating
Technical state (CTS) agreement between the state of North Carolina and FEMA in
its FIS dated December 6, 2019 for New Hanover County and associated DFIRM
panels, including any digital data developed as part of the FIS, which are adopted by
reference and declared a part of this Ordinance, and all revisions hereto. [05-03-2021]
9.6.2. ESTABLISHMENT OF FLOODPLAIN DEVELOPMENT PERMIT
A Floodplain Development Permit shall be required prior to the commencement of
any development activities prior to development within a Special Flood Hazard Area,
to ensure any proposed development activities are in conformance with the
provisions of this article, and other applicable regulations of this Ordinance and the
County Code of Ordinances
9.6.3. COMPLIANCE
No structure or land shall be located, extended, converted, altered, or developed in
any way without full compliance with the terms of this article, this Ordinance, and all
other applicable regulations.
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9.6.4. ABROGATION AND GREATER RESTRICTIONS
This article is not intended to repeal, abrogate, or impair any existing easements,
covenants, or deed restrictions. However, where this article and another article or
other ordinance conflict or overlap, whichever imposes the more stringent restrictions
shall prevail.
9.6.5. INTERPRETATION
In the interpretation and application of this article, all provisions shall be:
A. Considered as minimum requirements;
B. Liberally construed in favor of the County; and
C. Deemed neither to limit nor repeal any other powers granted under state statutes.
9.6.6. WARNING AND DISCLAIMER OF LIABILITY
The degree of flood protection required by this article is considered reasonable for
regulatory purposes, and is based on scientific and engineering consideration.
Larger floods can and will occur. Actual flood heights may be increased by man-
made or natural causes. This article does not imply that land outside the Special
Flood Hazard Areas or uses permitted within such areas will be free from flooding or
flood damages. This article shall not create liability on the part of New Hanover
County or by any officer or employee of the County for any flood damages that result
from reliance on this article or any administrative decision lawfully made in
accordance with this article.
9.6.7. PENALTIES FOR VIOLATIONS
Violation of the provisions of this article or failure to comply with any of its
requirements, including violation of conditions and safeguards established in
connection with grants of variance or special exceptions, shall constitute a Class 1
misdemeanor pursuant to Section 143-215.58, N.C.G.S. Any person who violates
this article or fails to comply with any of its requirements shall, upon conviction, be
fined not more than $100.00 or imprisoned for not more than 30 days, or both. Each
day such violation continues shall be considered a separate offense. Nothing herein
contained shall prevent New Hanover County from taking such other lawful action as
is necessary to prevent or remedy any violation.
Section 9.7. Administration
9.7.1. DESIGNATION OF FLOODPLAIN ADMINISTRATOR
The Planning Director hereinafter referred to as the “Floodplain Administrator”, is
hereby appointed to administer and implement the provisions of this article. In
instances where the Floodplain Administrator receives assistance from others to
complete tasks to administer and implement this article, the Floodplain Administrator
shall be responsible for the coordination and community’s overall compliance with
the National Flood Insurance Program and the provisions of this article.
Unified Development Ordinance | New Hanover County, NC 9-13
9.7.2. FLOODPLAIN DEVELOPMENT APPLICATION, PERMIT AND CERTIFICATION
A. Application Requirements
Application for a floodplain development permit shall be made to the Floodplain
Administrator prior to any development activities located within Special Flood Hazard
Areas. The following items shall be presented to the Floodplain Administrator to
apply for a floodplain development permit:
1. A plot plan drawn to scale which shall include, but shall not be limited to,
the following specific details of the proposed floodplain development:
a. The nature, location, dimensions, and elevations of the area of
development/disturbance; existing and proposed structures, utility
systems, grading/pavement areas, fill materials, storage areas,
drainage facilities, and other development;
b. The boundary of the Special Flood Hazard Area as delineated on the
FIRM or other flood map, or a statement that the entire lot is within the
Special Flood Hazard Area;
c. Flood zone(s) designation of the proposed development area as
determined on the FIRM or other flood map;
d. The boundary of the floodway(s) or non-encroachment area(s);
e. The Base Flood Elevation (BFE);
f. The old and new location of any watercourse that will be altered or
relocated as a result of proposed development; and
g. The boundary and designation date of the Coastal Barrier Resource
System (CBRS) area or Otherwise Protected Areas (OPA), if
applicable; and
h. The certification of the plot plan by a registered land surveyor or
professional engineer.
2. Proposed elevation, and method thereof, of all development within a
Special Flood Hazard Area including but not limited to:
a. Elevation in relation to NAVD 1988 of the proposed reference level
(including basement) of all structures;
b. Elevation in relation to NAVD 1988 to which any non-residential
structure in Zones A, AE, AH, AO, A99 will be floodproofed; and
c. Elevation in relation to NAVD 1988 to which any proposed utility
systems will be elevated or floodproofed.
3. If floodproofing, a Floodproofing Certificate (FEMA Form 086-0-34) with
supporting data, an operational plan, and an inspection and maintenance
plan that include, but are not limited to, installation, exercise, and
maintenance of floodproofing measures.
4. A Foundation Plan, drawn to scale, which includes details of the proposed
foundation system to ensure all provisions of this article are met. These
details include but are not limited to:
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a. The proposed method of elevation, if applicable (i.e., fill, solid
foundation perimeter wall, solid backfilled foundation, open foundation
on columns/posts/piers/piles/shear walls); and
b. Openings to facilitate automatic equalization of hydrostatic flood forces
on walls in accordance with Section 9.8.2.D.4.d, when solid foundation
perimeter walls are used in Zones A, AE, AH, AO, A99.
c. The following, in Coastal High Hazard Areas, in accordance with the
provisions of Section 9.8.2.D.4.e, and Section 9.8.6, Coastal High
Hazard Area (Zone VE). and Section 9.8.7, Standards for Coastal A
Zones (Zone CAZ) LiMWA, if applicable:
1. V-Zone Certification with accompanying plans and specifications
verifying the engineered structure and any breakaway wall designs;
2. Plans for open wood, plastic, or other latticework or insect
screening, if applicable; and
3. Plans for non-structural fill, if applicable. If non-structural fill is
proposed, it must be demonstrated through coastal engineering
analysis that the proposed fill would not result in any increase in the
BFE or otherwise cause adverse impacts by wave ramping and
deflection on to the subject structure or adjacent properties.
5. Usage details of any enclosed areas below the lowest floor.
6. Plans and/or details for the protection of public utilities and facilities such
as sewer, gas, electrical, and water systems to be located and constructed
to minimize flood damage.
7. Certification that all other local, state and federal permits required prior to
floodplain development permit issuance have been received.
8. Documentation for placement of recreational vehicles and/or temporary
structures, when applicable, to ensure that the provisions of Sections
9.8.2.F, Additions/Improvements. and 9.8.2.G, Recreational Vehicles, are
met.
9. A description of proposed watercourse alteration or relocation, when
applicable, including an engineering report on the effects of the proposed
project on the flood-carrying capacity of the watercourse and the effects to
properties located both upstream and downstream; and a map (if not
shown on the plot plan) showing the location of the proposed watercourse
alteration or relocation.
B. Permit Requirements
The floodplain development permit shall include, but not be limited to:
1. A complete description of all the development to be permitted under the
floodplain development permit (e.g. house, garage, pool, septic, bulkhead,
cabana, pier, bridge, mining, dredging, filling, grading, paving, excavation
or drilling operations, or storage of equipment or materials, etc.).
2. The Special Flood Hazard Area determination for the proposed
development in accordance with available data specified in Section 9.6.1,
Applicability and Basis for Special Flood Hazard Areas.
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3. The Regulatory Flood Protection Elevation required for the reference level
and all attendant utilities.
4. The Regulatory Flood Protection Elevation required for the protection of all
public utilities.
5. All certification submittal requirements with timelines.
6. A statement that no fill material or other development shall encroach into
the floodway or non-encroachment area of any watercourse unless the
requirements of Section 9.8.5, Floodways and Non-Encroachment Areas,
have been met.
7. The flood openings requirements, if in Zones A, AE, AH, AO, A99.
8. Limitations of below BFE enclosure uses (if applicable). (i.e., parking,
building access and limited storage only).
9. A statement, if in Zone VE, that there shall be no alteration of sand dunes
which would increase potential flood damage.
10. A statement, if in Zone VE, that there shall be no fill used for structural
support.
11. A statement, that all materials below BFE/RFPE must be flood resistant
materials.
C. Certification Requirements
1. Elevation Certificates
a. An Elevation Certificate (FEMA Form 086-0-33) is required after the
reference level is established. Within seven calendar days of
establishment of the reference level elevation, it shall be the duty of the
permit holder to submit to the Floodplain Administrator a certification of
the elevation of the reference level, in relation to NAVD 1988. Any work
done within the seven day calendar period and prior to submission of
the certification shall be at the permit holder’s risk. The Floodplain
Administrator shall review the certificate data submitted. Deficiencies
detected by such review shall be corrected by the permit holder
immediately and prior to further work being permitted to proceed.
Failure to submit the certification or failure to make required corrections
shall be cause to issue a stop-work order for the project.
b. A final Finished Construction Elevation Certificate (FEMA Form 086-0-
33) is required after construction is completed and prior to Certificate of
Compliance/Occupancy issuance. It shall be the duty of the permit
holder to submit to the Floodplain Administrator a certification of final
as-built construction of the elevation of the reference level and all
attendant utilities. The Floodplain Administrator shall review the
certificate data submitted. Deficiencies detected by such review shall
be corrected by the permit holder immediately and prior to Certificate
of Compliance/Occupancy issuance. In some instances, another
certification may be required to certify corrected as-built construction.
Failure to submit the certification or failure to make required corrections
shall be cause to withhold the issuance of a Certificate of
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Compliance/Occupancy. The Finished Construction Elevation
Certificate certifier shall provide at least two photographs showing the
front and rear of the building taken within 90 days from the date of
certification. The photographs must be taken with views confirming the
building description and diagram number provided in Section 9.7.2.A,
Application Requirements. To the extent possible, these photographs
should show the entire building including foundation. If the building has
split-level or multi-level areas, provide at least two additional
photographs showing side views of the building. In addition, when
applicable, provide a photograph of the foundation showing a
representative example of the flood openings or vents. All photographs
must be in color and measure at least 3" × 3". Digital photographs are
acceptable.
2. Floodproofing Certificate
a. If non-residential floodproofing is used to meet the Regulatory Flood
Protection Elevation requirements, a Floodproofing Certificate (FEMA
Form 086-0-34), with supporting data, an operational plan, and an
inspection and maintenance plan are required prior to the actual start
of any new construction. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of the floodproofed
design elevation of the reference level and all attendant utilities, in
relation to NAVD 1988. Floodproofing certification shall be prepared
by or under the direct supervision of a professional engineer or architect
and certified by same. The Floodplain Administrator shall review the
certificate data, the operational plan, and the inspection and
maintenance plan. Deficiencies detected by such review shall be
corrected by the applicant prior to permit approval. Failure to submit
the certification or failure to make required corrections shall be cause
to deny a floodplain development permit. Failure to construct in
accordance with the certified design shall be cause to withhold the
issuance of a Certificate of Compliance/Occupancy.
b. A final Finished Construction Floodproofing Certificate (FEMA Form
086-0-34), with supporting data, an operational plan, and an inspection
and maintenance plan are required prior to the issuance of a Certificate
of Compliance/Occupancy. It shall be the duty of the permit holder to
submit to the Floodplain Administrator a certification of the floodproofed
design elevation of the reference level and all attendant utilities, in
relation to NAVD 1988. Floodproofing certificate shall be prepared by
or under the direct supervision of a professional engineer or architect
and certified by same. The Floodplain Administrator shall review the
certificate data, the operational plan, and the inspection and
maintenance plan. Deficiencies detected by such review shall be
corrected by the applicant prior to Certificate of Occupancy. Failure to
submit the certification or failure to make required corrections shall be
cause to deny a Floodplain Development Permit. Failure to construct
in accordance with the certified design shall be cause to deny a
Certificate of Compliance/Occupancy.
3. If a manufactured home is placed within Zones A, AE, AH, AO, A99 and
the elevation of the chassis is more than 36 inches in height above grade,
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an engineered foundation certification is required in accordance with the
provisions of Section 9.8.2.C.2.
4. If a watercourse is to be altered or relocated, a description of the extent of
watercourse alteration or relocation; a professional engineer’s certified
report on the effects of the proposed project on the flood-carrying capacity
of the watercourse and the effects to properties located both upstream and
downstream; and a map showing the location of the proposed watercourse
alteration or relocation shall all be submitted by the permit applicant prior
to issuance of a floodplain development permit.
5. Certification Exemptions. The following structures, if located within Zones
A, AE, AH, AO, A99, are exempt from the elevation/floodproofing
certification requirements specified in subsections 1 and 2 above:
a. Recreational vehicles meeting requirements of Section 9.8.2.G.1;
b. Temporary structures meeting requirements of Section 9.8.2.H,
Temporary Non-Residential Structures; and
c. Accessory structures that are 150 square feet or less or $3,000 or less
and meeting requirements of Section 9.8.2.I, Accessory Structures.
6. A V-Zone Certification with accompanying design plans and specifications
is required prior to issuance of a floodplain development permit within
Coastal High Hazard Areas. It shall be the duty of the permit applicant to
submit to the Floodplain Administrator said certification to ensure the
design standards of this article are met. A registered professional engineer
or architect shall develop or review the structural design, plans, and
specifications for construction and certify that the design and methods of
construction to be used are in accordance with accepted standards of
practice for meeting the provisions of this article. This certification is not a
substitute for an Elevation Certificate.
D. Determinations for Existing Buildings and Structures
For applications for building permits to improve buildings and structures, including
alterations, movement, enlargement, replacement, repair, change of occupancy,
additions, rehabilitations, renovations, substantial improvements, repairs of
substantial damage, and any other improvement of or work on such buildings and
structures, the Floodplain Administrator, in coordination with the Building Official,
shall:
1. Estimate the market value, or require the applicant to obtain an appraisal
of the market value prepared by a qualified independent appraiser, of the
building or structure before the start of construction of the proposed work;
in the case of repair, the market value of the building or structure shall be
the market value before the damage occurred and before any repairs are
made;
2. Compare the cost to perform the improvement, the cost to repair a
damaged building to its pre-damaged condition, or the combined costs of
improvements and repairs, if applicable, to the market value of the building
or structure;
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3. Determine and document whether the proposed work constitutes
substantial improvement or repair of substantial damage; and
4. Notify the applicant if it is determined that the work constitutes substantial
improvement or repair of substantial damage and that compliance with the
flood resistant construction requirements of the North Carolina Building
Code and this article is required.
9.7.3. DUTIES AND RESPONSIBILITIES OF THE FLOODPLAIN ADMINISTRATOR
The Floodplain Administrator shall perform, but not be limited to, the following duties:
A. Review all floodplain development applications and issue permits for all proposed
development within Special Flood Hazard Areas to assure that the requirements of
this article have been satisfied.
B. Review all proposed development within Special Flood Hazard Areas to assure that
all necessary local, state and federal permits have been received, including Section
404 of the Federal Water Pollution Control Act Amendments of 1972, 33 U.S.C. 1334.
C. Notify adjacent communities and the North Carolina Department of Public Safety,
Division of Emergency Management, State Coordinator for the National Flood
Insurance Program prior to any alteration or relocation of a watercourse, and submit
evidence of such notification to the Federal Emergency Management Agency
(FEMA).
D. Assure that maintenance is provided within the altered or relocated portion of said
watercourse so that the flood-carrying capacity is maintained.
E. Prevent encroachments into floodways and non-encroachment areas unless the
certification and flood hazard reduction provisions of Section 9.8.5, Floodways and
Non-Encroachment Areas, are met.
F. Obtain actual elevation (in relation to NAVD 1988) of the reference level (including
basement) and all attendant utilities of all new and substantially improved structures,
in accordance with the provisions of Section 9.7.2.C, Certification Requirements.
G. Obtain actual elevation (in relation to NAVD 1988) to which all new and substantially
improved structures and utilities have been floodproofed, in accordance with the
provisions of Section 9.7.2.C, Certification Requirements.
H. Obtain actual elevation (in relation to NAVD 1988) of all public utilities in accordance
with the provisions of Section 9.7.2.C, Certification Requirements.
I. When floodproofing is utilized for a particular structure, obtain certifications from a
registered professional engineer or architect in accordance with the provisions
Section 9.7.2.C, Certification Requirements, and Section 9.7.2.B.3 and Section
9.8.2.B.
J. Where interpretation is needed as to the exact location of boundaries of the Special
Flood Hazard Areas, floodways, or non-encroachment areas (for example, where
there appears to be a conflict between a mapped boundary and actual field
conditions), make the necessary interpretation. The person contesting the location
of the boundary shall be given a reasonable opportunity to appeal the interpretation
as provided in this article.
K. When BFE data has not been provided in accordance with the provisions of Section
9.6.1, Applicability and Basis for Special Flood Hazard Areas, obtain, review, and
Unified Development Ordinance | New Hanover County, NC 9-19
reasonably utilize any BFE data, along with floodway data or non-encroachment area
data available from a federal, state, or other source, including data developed
pursuant to Section 9.8.3.B.3, in order to administer the provisions of this article.
L. When BFE data is provided but no floodway or non-encroachment area data has
been provided in accordance with the provisions of Section 9.6.1, Applicability and
Basis for Special Flood Hazard Areas, obtain, review, and reasonably utilize any
floodway data or non-encroachment area data available from a federal, state, or other
source in order to administer the provisions of this article.
M. When the lowest floor and the lowest adjacent grade of a structure or the lowest
ground elevation of a parcel in a Special Flood Hazard Area is above the BFE, advise
the property owner of the option to apply for a Letter of Map Amendment (LOMA)
from FEMA. However, if the property is to be removed from the V Zone it must not
be located seaward of the landward toe of the primary frontal dune. Maintain a copy
of the LOMA issued by FEMA in the floodplain development permit file.
N. Permanently maintain all records that pertain to the administration of this article and
make these records available for public inspection, recognizing that such information
may be subject to the Privacy Act of 1974, as amended.
O. Make on-site inspections of work in progress. As the work pursuant to a floodplain
development permit progresses, the Floodplain Administrator shall make as many
inspections of the work as may be necessary to ensure that the work is being done
according to the provisions of this article and the terms of the permit. In exercising
this power, the Floodplain Administrator has a right, upon presentation of proper
credentials, to enter on any premises within the jurisdiction of the community at any
reasonable hour for the purposes of inspection or other enforcement action.
P. Issue stop-work orders as required. Whenever a building or part thereof is being
constructed, reconstructed, altered, or repaired in violation of this article, the
Floodplain Administrator may order the work to be immediately stopped. The stop-
work order shall be in writing and directed to the person doing or in charge of the
work. The stop-work order shall state the specific work to be stopped, the specific
reason(s) for the stoppage, and the condition(s) under which the work may be
resumed. Violation of a stop-work order constitutes a misdemeanor.
Q. Revoke floodplain development permits as required. The Floodplain Administrator
may revoke and require the return of the floodplain development permit by notifying
the permit holder in writing stating the reason(s) for the revocation. Permits shall be
revoked for any substantial departure from the approved application, plans, and
specifications; for refusal or failure to comply with the requirements of state or local
laws; or for false statements or misrepresentations made in securing the permit. Any
floodplain development permit mistakenly issued in violation of an applicable state or
local law may also be revoked.
R. Make periodic inspections throughout the Special Flood Hazard Areas within the
unincorporated County. The Floodplain Administrator and each member of the
inspections department shall have a right, upon presentation of proper credentials,
to enter on any premises within the territorial jurisdiction of the department at any
reasonable hour for the purposes of inspection or other enforcement action.
S. Follow through with the corrective procedures of Section 9.7.4, Corrective
Procedures.
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T. Review, provide input, and make recommendations for variance requests.
U. Maintain a current map repository to include, but not limited to, historical and effective
FIS Report, historical and effective FIRM and other official flood maps and studies
adopted in accordance with the provisions of Section 9.6.1, Applicability and Basis
for Special Flood Hazard Areas, including any revisions thereto including Letters of
Map Change, issued by FEMA. Notify state and FEMA of mapping needs.
V. Coordinate revisions to FIS reports and FIRMs, including Letters of Map Revision
Based on Fill (LOMR-Fs) and Letters of Map Revision (LOMRs).
9.7.4. CORRECTIVE PROCEDURES
A. Violations to be Corrected
When the Floodplain Administrator finds violations of applicable state and local laws;
it shall be the Administrator’s duty to notify the owner or occupant of the building of
the violation. The owner or occupant shall immediately remedy each of the violations
of law cited in such notification.
B. Actions in Event of Failure to Take Corrective Action
If the owner of a building or property shall fail to take prompt corrective action, the
Floodplain Administrator shall give the owner written notice, by certified or registered
mail to the owner’s last known address or by personal service, stating:
1. That the building or property is in violation of the floodplain management
regulations;
2. That a hearing will be held before the Floodplain Administrator at a
designated place and time, not later than ten days after the date of the
notice, at which time the owner shall be entitled to be heard in person or by
counsel, and to present arguments and evidence pertaining to the matter;
and
3. That following the hearing, the Floodplain Administrator may issue an order
to alter, vacate, or demolish the building; or to remove fill as applicable.
C. Order to Take Corrective Action
If, upon a hearing held pursuant to the notice prescribed above, the Floodplain
Administrator finds that the building or development is in violation of this article, the
Administrator shall issue an order in writing to the owner, requiring the owner to
remedy the violation within a specified time period, not less than 60 calendar days,
nor more than 180 calendar days. Where the Floodplain Administrator finds that
there is imminent danger to life or other property, the Administrator may order that
corrective action be taken in such lesser period as may be feasible.
D. Appeal
1. Any owner who has received an order to take corrective action may appeal
the order to the Board of Adjustment by giving notice of appeal in writing to
the Floodplain Administrator within 30 days following the written notice. In
the absence of an appeal, the order of the Floodplain Administrator shall
be final. The Board of Adjustment shall hear an appeal within a reasonable
time and may affirm, modify, and affirm, or revoke the order.
Unified Development Ordinance | New Hanover County, NC 9-21
2. Any person aggrieved by the decision of the Board of Adjustment may
appeal such decision to the superior court within 30 days of the signing of
the order of the Board. Such appeal shall be in the nature of certiorari.
E. Failure to Comply with Order
If the owner of a building or property fails to comply with an order to take corrective
action for which no appeal has been made or fails to comply with an order of the
governing body following an appeal, the owner shall be guilty of a Class 1
misdemeanor pursuant to Section 143-215.58, N.C.G.S., and shall be punished at
the discretion of the court.
9.7.5. VARIANCE PROCEDURES
A. The Board of Adjustment shall hear and decide requests for variances from the
requirements of this article.
B. Any person aggrieved by the decision of the Board of Adjustment may appeal such
decision to the Court, as provided in Chapter 7A, N.C.G.S.
C. Variances may be issued for:
1. The repair or rehabilitation of historic structures upon the determination that
the proposed repair or rehabilitation will not preclude the structure's
continued designation as a historic structure and that the variance is the
minimum necessary to preserve the historic character and design of the
structure;
2. Functionally dependent facilities, if determined to meet the definition as
stated in the County’s Stormwater Management Ordinance, provided
subsections 2, 3, and 5 of Section 9.7.5.I, Conditions for Variances, are
satisfied, and such facilities are protected by methods that minimize flood
damages during the base flood and create no additional threats to public
safety; or
3. Any other type of development provided it meets the requirements of this
section.
D. In passing upon variances, the Board of Adjustment shall consider all technical
evaluations, all relevant factors, all standards specified in other sections of this
article, and:
1. The danger that materials may be swept onto other lands to the injury of
others;
2. The danger to life and property due to flooding or erosion damage;
3. The susceptibility of the proposed facility and its contents to flood damage
and the effect of such damage on the individual owner;
4. The importance of the services provided by the proposed facility to the
community;
5. The necessity to the facility of a waterfront location as defined in the
County’s Stormwater Management Ordinance, as a functionally dependent
facility, where applicable;
6. The availability of alternative locations, not subject to flooding or erosion
damage, for the proposed use;
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7. The compatibility of the proposed use with existing and anticipated
development;
8. The relationship of the proposed use to the Comprehensive Plan and
floodplain management program for that area;
9. The safety of access to the property in times of flood for ordinary and
emergency vehicles;
10. The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if applicable,
expected at the site; and
11. The costs of providing governmental services during and after flood
conditions including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical and water systems, and streets and bridges.
E. A written report addressing each of the above factors shall be submitted with the
application for a variance.
F. Upon consideration of the factors listed above and the purposes of this article, the
Board of Adjustment may attach such conditions to the granting of variances as it
deems necessary to further the purposes and objectives of this article.
G. Any applicant to whom a variance is granted shall be given written notice specifying
the difference between the BFE and the elevation to which the structure is to be built
and that such construction below the BFE increases risks to life and property. Such
notification shall be maintained with a record of all variance actions, including
justification for their issuance.
H. The Floodplain Administrator shall maintain the records of all appeal actions and
report any variances to the FEMA and the State of North Carolina upon request.
I. Conditions for Variances
1. Variances shall not be issued when the variance will make the structure in
violation of other federal, state, or local laws, regulations, or ordinances.
2. Variances shall not be issued within any designated floodway or non-
encroachment area if the variance would result in any increase in flood
levels during the base flood discharge.
3. Variances shall only be issued upon a determination that the variance is
the minimum necessary, considering the flood hazard, to afford relief.
4. Variances shall only be issued prior to floodplain development permit
approval.
5. Variances shall only be issued upon:
a. A showing of good and sufficient cause;
b. A determination that failure to grant the variance would result in
exceptional hardship; and
c. A determination that the granting of a variance will not result in
increased flood heights, additional threats to public safety, or
extraordinary public expense, create nuisance, cause fraud on or
Unified Development Ordinance | New Hanover County, NC 9-23
victimization of the public, or conflict with existing local laws or
ordinances.
6. A variance may be issued for solid waste disposal facilities or sites,
hazardous waste management facilities, salvage yards, and chemical
storage facilities that are located in Special Flood Hazard Areas provided
that all of the following conditions are met.
a. The use serves a critical need in the community.
b. No feasible location exists for the use outside the Special Flood Hazard
Area.
c. The reference level of any structure is elevated or floodproofed to at
least the Regulatory Flood Protection Elevation.
d. The use complies with all other applicable federal, state and local laws.
e. New Hanover County has notified the Secretary of the North Carolina
Department of Public Safety of its intention to grant a variance at least
30 calendar days prior to granting the variance.
Section 9.8. Provisions for Flood Hazard Reduction
9.8.1. GENERAL STANDARDS
Development in all Special Flood Hazard Areas shall comply with the following:
A. All new construction and substantial improvements shall be designed (or modified)
and adequately anchored to prevent flotation, collapse, and lateral movement of the
structure.
B. All new construction and substantial improvements shall be constructed with
materials and utility equipment resistant to flood damage in accordance with the most
current version of FEMA Technical Bulletin 2, Flood Damage-Resistant Materials
Requirements, which is incorporated herein by reference.
C. All new construction and substantial improvements shall be constructed by methods
and practices that minimize flood damages.
D. All new electrical, heating, ventilation, plumbing, air conditioning equipment, and
other service equipment shall be located at or above the Regulatory Flood Protection
Elevation (RFPE), or designed and installed to prevent water from entering or
accumulating within the components during the occurrence of the base flood. These
include, but are not limited to, HVAC equipment, water softener units, bath/kitchen
fixtures, ductwork, electric/gas meter panels/boxes, utility/cable boxes, water
heaters, and electric outlets/switches.
E. Replacements part of a substantial improvement, electrical, heating, ventilation,
plumbing, air conditioning equipment, and other service equipment shall also meet
the above provisions.
F. Replacements that are for maintenance and not part of a substantial improvement,
may be installed at the original location, provided the addition and/or improvements
only comply with the standards for new construction consistent with the code and
requirements for the original structure.
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G. All new and replacement water supply systems shall be designed to minimize or
eliminate infiltration of floodwaters into the system.
H. New and replacement sanitary sewage systems shall be designed to minimize or
eliminate infiltration of floodwaters into the systems and discharges from the systems
into flood waters.
I. On-site waste disposal systems shall be located and constructed to avoid impairment
to them, or contamination from them, during flooding.
J. Nothing in this article shall prevent the repair, reconstruction, or replacement of a
building or structure existing on the effective date of this ordinance and located totally
or partially within the floodway, non-encroachment area, or stream setback, provided
there is no additional encroachment below the Regulatory Flood Protection Elevation
in the floodway, non-encroachment area, or stream setback, and provided that such
repair, reconstruction, or replacement meets all of the other requirements of this
article.
K. New solid waste disposal facilities and sites, hazardous waste management facilities,
salvage yards, and chemical storage facilities shall not be permitted, except by
variance in accordance with subsection 6 of Section 9.7.5.I, Conditions for Variances.
A structure or tank for chemical or fuel storage incidental to an allowed use, or to the
operation of a water treatment plant or wastewater treatment facility, may be located
in a Special Flood Hazard Area only if the structure or tank is either elevated or
floodproofed to at least the Regulatory Flood Protection Elevation (RFPE), and
certified in accordance with the provisions of Section 9.7.2.C, Certification
Requirements.
L. All subdivision proposals and other development proposals shall be consistent with
the need to minimize flood damage.
M. All subdivision proposals and other development proposals shall have public utilities
and facilities such as sewer, gas, electrical, and water systems located and
constructed to minimize flood damage.
N. All subdivision proposals and other development proposals shall have adequate
drainage provided to reduce exposure to flood hazards.
O. All subdivision proposals and other development proposals shall have received all
necessary permits from those governmental agencies for which approval is required
by federal or state law, including Section 404 of the Federal Water Pollution Control
Act Amendments of 1972, 33 U.S.C. 1334.
P. When a structure is partially located in a Special Flood Hazard Area, the entire
structure shall meet the requirements for new construction and substantial
improvements.
Q. When a structure is located in multiple flood hazard zones or in a flood hazard risk
zone with multiple base flood elevations, the provisions for the more restrictive flood
hazard risk zone and the highest Base Flood Elevation (BFE) shall apply.
9.8.2. SPECIFIC STANDARDS
In all Special Flood Hazard Areas where BFE data has been provided, the following
provisions, in addition to the provisions of Section 9.8.1, General Standards, are
required:
Unified Development Ordinance | New Hanover County, NC 9-25
A. Residential Construction
New construction and substantial improvement of any residential structure (including
manufactured homes) shall have the reference level, including basement, elevated
no lower than the Regulatory Flood Protection Elevation (RFPE).
B. Non-Residential Construction
New construction and substantial improvement of any commercial, industrial, or
other non-residential structure shall have the reference level, including basement,
elevated no lower than the Regulatory Flood Protection Elevation (RFPE).
Structures located in Zones A, AE, AH, AO, or A99 may be floodproofed to the
Regulatory Flood Protection Elevation in-lieu of elevation, provided that all areas of
the structure, together with attendant utility and sanitary facilities, below the
Regulatory Flood Protection Elevation, are watertight with walls substantially
impermeable to the passage of water, using structural components having the
capability of resisting hydrostatic and hydrodynamic loads and the effect of
buoyancy. For AO Zones, the floodproofing elevation shall be in accordance with
9.8.8, Standards for Areas of Shallow Flooding (Zone AO). A registered professional
engineer or architect shall certify that the floodproofing standards of this subsection
are satisfied. Such certification shall be provided to the Floodplain Administrator,
along with the operational plan and the inspection and maintenance plan.
C. Manufactured Homes
1. New and replacement manufactured homes shall be elevated so that the
reference level of the manufactured home is no lower than the Regulatory
Flood Protection Elevation (RFPE).
2. Manufactured homes shall be securely anchored to an adequately
anchored foundation to resist flotation, collapse, and lateral movement,
either by a certified engineered foundation system, or in accordance with
the most current edition of the State of North Carolina Regulations for
Manufactured Homes adopted by the Commissioner of Insurance in
accordance with N.C.G.S. § 143-143.15. Additionally, when the elevation
would be met by an elevation of the chassis 36 inches or less above the
grade at the site, the chassis shall be supported by reinforced piers or
engineered foundation. When the elevation of the chassis is above 36
inches in height, an engineering certification is required.
3. All enclosures or skirting below the lowest floor shall meet the requirements
of Section 9.8.2.D, Elevated Buildings.
4. An evacuation plan must be developed for evacuation of all residents of all
new, substantially improved or substantially damaged manufactured home
parks or subdivisions located within flood prone areas. This plan shall be
filed with and approved by the Floodplain Administrator and the local
Emergency Management Coordinator.
D. Elevated Buildings
The fully enclosed area of new construction and substantially improved structures,
which is below the lowest floor or below the lowest horizontal structural member in
VE zones:
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1. Shall not be designed or used for human habitation, but shall only be used
for parking of vehicles, building access, or limited storage of maintenance
equipment used in connection with the premises. Access to the enclosed
area shall be the minimum necessary to allow for parking of vehicles
(garage door) or limited storage of maintenance equipment (standard
exterior door), or entry to the living area (stairway or elevator). The interior
portion of such enclosed area shall not be finished or partitioned into
separate rooms, except to enclose storage areas;
2. Shall not be temperature-controlled or conditioned with equipment below
the Regulatory Flood Protection Elevation.
3. Shall be constructed entirely of flood resistant materials, at least to the
Regulatory Flood Protection Elevation; and
4. Shall include, in Zones A, AE, AH, AO, and A99, flood openings to
automatically equalize hydrostatic flood forces on walls by allowing for the
entry and exit of floodwaters. To meet this requirement, the openings must
either be certified by a professional engineer or architect, or meet or exceed
the following minimum design criteria:
a. A minimum of two flood openings on different sides of each enclosed
area subject to flooding;
b. The total net area of all flood openings must be at least one square inch
for each square foot of enclosed area subject to flooding;
c. If a building has more than one enclosed area, each enclosed area
must have flood openings to allow floodwaters to automatically enter
and exit;
d. The bottom of all required flood openings shall be no higher than one
foot above the higher of the interior or exterior adjacent grade;
e. Flood openings may be equipped with screens, louvers, or other
coverings or devices, provided they permit the automatic flow of
floodwaters in both directions; and
f. Enclosures made of flexible skirting are not considered enclosures for
regulatory purposes, and, therefore, do not require flood openings.
Masonry or wood underpinning, regardless of structural status, is
considered an enclosure and requires flood openings as outlined
above.
5. Shall, in Coastal High Hazard Areas (Zone VE), either be free of obstruction
or constructed with breakaway walls, open wood, plastic or other
latticework or insect screening, provided they are not part of the structural
support of the building and are designed so as to breakaway, under
abnormally high tides or wave action without causing damage to the
elevated portion of the building or supporting foundation system or
otherwise jeopardizing the structural integrity of the building. The following
design specifications shall be met:
a. Material shall consist of open wood, plastic, or other latticework or
insect screening; or
b. Breakaway walls shall meet the following design specifications:
Unified Development Ordinance | New Hanover County, NC 9-27
1. Breakaway walls may have flood openings that allow for the
automatic entry and exit of floodwaters to minimize damage caused
by hydrostatic loads, in accordance with subsections a through f of
Section 9.8.2.D.4 above; and
2. Design safe loading resistance shall be not less than 10 nor more
than 20 pounds per square foot; or
3. Breakaway walls that exceed a design safe loading resistance of
20 pounds per square foot (either by design or when so required by
state or local codes) shall be certified by a registered professional
engineer or architect that the breakaway wall will collapse from a
water load less than that which would occur during the base flood
event, and the elevated portion of the building and supporting
foundation system shall not be subject to collapse, displacement,
or other structural damage due to the effects of wind and water
loads acting simultaneously on all building components (structural
and non-structural). The water loading values used shall be those
associated with the base flood. The wind loading values used shall
be those required by the North Carolina State Building Code.
c. For concrete pads, including patios, decks, parking pads, walkways,
driveways, pool decks, etc. the following is required:
1. Shall be structurally independent of the primary structural
foundation system of the structure and shall not adversely affect
structures through redirection of floodwaters or debris; and
2. Shall be constructed to breakaway cleanly during design flood
conditions, shall be frangible, and shall not produce debris capable
of causing damage to any structure. (The installation of concrete in
small segments (approximately four feet x four feet) that will easily
break up during the base flood event, or score concrete in four feet
x four feet maximum segments is acceptable to meet this standard).
3. Reinforcing, including welded wire fabric, shall not be used in order
to minimize the potential for concreted pads being a source of
debris; and
i. Pad thickness shall not exceed four inches; or
ii. Provide a Design Professional’s certification stating the design
and method of construction to be used meet the applicable
criteria of this section.
4. The provisions above shall not apply to non-residential or multi-
family construction that is designed by a professional engineer and
constructed with self-supporting structural slabs capable of
remaining intact and functional under base flood conditions,
including expected erosion.
E. Fill/Grading
In zones A, AE, AH, AO, and A99 the following provisions shall apply: [05-03-2021]
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1. Minor grading and the placement of minor quantities of fill may be permitted
for landscaping and for drainage purposes under and around buildings and
for support of parking slabs, pool decks, patios, and walkways.
2. The fill material must be similar and consistent with the natural soils in the
area.
3. The placement of site-compatible fill under or around an elevated building
is limited to two feet. Fill greater than two feet must include an analysis
prepared by a qualified registered design professional demonstrating no
harmful diversion of floodwaters or wave run-up, and wave reflection that
would increase damage to adjacent elevated buildings and structures.
4. Fill with finished slopes that are steeper than five units horizontal to one
unit vertical shall be permitted only if an analysis prepared by a qualified
registered design professional demonstrates no harmful diversion of
floodwaters or wave runup and wave reflection that would increase damage
to adjacent elevated buildings and structures.
F. Additions/Improvements.
1. Additions and/or improvements to pre-Flood Insurance Rate Map (FIRM)
structures when the addition and/or improvements in combination with any
interior modifications to the existing structure are:
a. Not a substantial improvement, the addition and/or improvements must
be designed to minimize flood damages and must not be any more
nonconforming than the existing structure.
b. A substantial improvement, with
modifications/rehabilitations/improvements to the existing structure or
the common wall is structurally modified more than installing a
doorway, both the existing structure and the addition must comply with
the standards for new construction.
2. Additions to pre-FIRM or post-FIRM structures that are a substantial
improvement with no modifications/rehabilitations/improvements to the
existing structure other than a standard door in the common wall, shall
require only the addition to comply with the standards for new construction.
3. Additions and/or improvements to post-FIRM structures when the addition
and/or improvements in combination with any interior modifications to the
existing structure are:
a. Not a substantial improvement, the addition and/or improvements only
must comply with the standards for new construction consistent with
the code and requirements for the original structure.
b. A substantial improvement, both the existing structure and the addition
and/or improvements must comply with the standards for new
construction.
4. Any combination of repair, reconstruction, rehabilitation, addition or
improvement of a building or structure taking place during a five year
period, the cumulative cost of which equals or exceeds 50 percent of the
market value of the structure before the improvement or repair is started,
must comply with the standards for new construction. For each building or
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structure, the five year period begins on the date of the first improvement
or repair of that building or structure. Substantial damage also means flood-
related damage sustained by a structure on two separate occasions during
a ten year period for which the cost of repairs at the time of each such flood
event, on the average, equals or exceeds 25 percent of the market value
of the structure before the damage occurred. If the structure has sustained
substantial damage, any repairs are considered substantial improvement
regardless of the actual repair work performed. The requirement does not,
however, include either:
a. Any project for improvement of a building required to correct existing
health, sanitary, or safety code violations identified by the Building
Official and that are the minimum necessary to assume safe living
conditions.
b. Any alteration of a historic structure, provided that the alteration will not
preclude the structure’s continued designation as a historic structure.
G. Recreational Vehicles
Recreational vehicles shall comply with either the standards for temporary
placement or the standards for permanent placement as follows:
1. Temporary Placement
a. Be on site for fewer than 180 consecutive days; or
b. Be fully licensed and ready for highway use. (A recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached
to the site only by quick disconnect type utilities, and has no
permanently attached additions.)
2. Permanent Placement
Recreational vehicles that do not meet the limitations of Temporary
Placement shall meet all the requirements for new construction.
H. Temporary Non-Residential Structures
Prior to the issuance of a Floodplain Development Permit for a temporary structure,
the applicant must submit to the Floodplain Administrator a plan for the removal of
such structure(s) in the event of a hurricane, flash flood, or other type of flood
warning notification. The following information shall be submitted in writing to the
Floodplain Administrator for review and written approval:
1. A specified time period for which the temporary use will be permitted. Time
specified may not exceed three months, renewable up to one year;
2. The name, address, and phone number of the individual responsible for the
removal of the temporary structure;
3. The time frame prior to the event at which a structure will be removed (i.e.,
minimum of 72 hours before landfall of a hurricane or immediately upon
flood warning notification);
4. A copy of the contract or other suitable instrument with the entity
responsible for physical removal of the structure; and
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5. Designation, accompanied by documentation, of a location outside the
Special Flood Hazard Area, to which the temporary structure will be moved.
I. Accessory Structures
1. When accessory structures (sheds, detached garages, etc.) are to be
placed within a Special Flood Hazard Area, the following criteria shall be
met:
a. Accessory structures shall not be used for human habitation (including
working, sleeping, living, cooking, or restroom areas);
b. Accessory structures shall not be temperature-controlled;
c. Accessory structures shall be designed to have low flood damage
potential;
d. Accessory structures shall be constructed and placed on the building
site so as to offer the minimum resistance to the flow of floodwaters;
e. Accessory structures shall be firmly anchored in accordance with the
provisions of Section 9.8.1.A;
f. All service facilities such as electrical shall be installed in accordance
with the provisions of Section 9.8.1.D; and
g. Flood openings to facilitate automatic equalization of hydrostatic flood
forces shall be provided below Regulatory Flood Protection Elevation
in conformance with the provisions of Section 9.8.2.D.4.
2. An accessory structure with a footprint less than 150 square feet or that is
a minimal investment of $3,000 or less and satisfies the criteria outlined
above is not required to meet the elevation or flood-proofing standards of
Section 9.8.2.D.2. Elevation or floodproofing certifications are required for
all other accessory structures in accordance with Section 9.7.2.C,
Certification Requirements.
J. Tanks
When gas and liquid storage tanks are to be placed within a Special Flood Hazard
Area, the following criteria shall be met:
1. Underground tanks. Underground tanks in flood hazard areas shall be
anchored to prevent flotation, collapse, or lateral movement resulting from
hydrodynamic and hydrostatic loads during conditions of the design flood,
including the effects of buoyancy assuming the tank is empty;
2. Above-ground tanks, elevated. Above-ground tanks in flood hazard areas
shall be elevated to or above the Regulatory Flood Protection Elevation on
a supporting structure that is designed to prevent flotation, collapse, or
lateral movement during conditions of the design flood. Tank-supporting
structures shall meet the foundation requirements of the applicable flood
hazard area;
3. Above-ground tanks, not elevated. Above-ground tanks that do not meet
the elevation requirements of Section 9.8.2.D.2 shall be permitted in flood
hazard areas provided the tanks are designed, constructed, installed, and
anchored to resist all flood-related and other loads, including the effects of
Unified Development Ordinance | New Hanover County, NC 9-31
buoyancy, during conditions of the design flood and without release of
contents in the floodwaters or infiltration by floodwaters into the tanks.
Tanks shall be designed, constructed, installed, and anchored to resist the
potential buoyant and other flood forces acting on an empty tank during
design flood conditions.
4. Tank inlets and vents. Tank inlets, fill openings, outlets, and vents shall be:
a. At or above the Regulatory Flood Protection Elevation, or fitted with
covers designed to prevent the inflow of floodwater or outflow of the
contents of the tanks during conditions of the design flood; and
b. Anchored to prevent lateral movement resulting from hydrodynamic
and hydrostatic loads, including the effects of buoyancy, during
conditions of the design flood.
K. Other Development
1. Fences in regulated floodways and Non-Encroachment Areas (NEAs) that
have the potential to block the passage of floodwaters, such as stockade
fences and wire mesh fences, shall meet the limitations of Section 9.8.5,
Floodways and Non-Encroachment Areas.
2. Retaining walls, sidewalks, and driveways in regulated floodways and
NEAs. Retaining walls and sidewalks and driveways that involve the
placement of fill in regulated floodways shall meet the limitations of Section
9.8.5, Floodways and Non-Encroachment Areas.
3. Roads and watercourse crossings in regulated floodways and NEAs.
Roads and watercourse crossings, including roads, bridges, culverts, low-
water crossings, and similar means for vehicles or pedestrians to travel
from one side of a watercourse to the other side, that encroach into
regulated floodways shall meet the limitations of Section 9.8.5, Floodways
and Non-Encroachment Areas.
9.8.3. STANDARDS FOR FLOODPLAINS WITHOUT ESTABLISHED BASE FLOOD
ELEVATIONS
Within the Special Flood Hazard Areas designated as Approximate Zone A and
established in Section 9.6.1, Applicability and Basis for Special Flood Hazard Areas,
where no BFE data has been provided by FEMA, the following provisions, in addition
to the provisions of Section 9.8.2.D, Elevated Buildings, shall apply:
A. No encroachments, including fill, new construction, substantial improvements, or new
development shall be permitted within a distance of 20 feet each side from top of
bank or five times the width of the stream, whichever is greater, unless certification
with supporting technical data by a registered professional engineer is provided
demonstrating that such encroachments shall not result in any increase in flood levels
during the occurrence of the base flood discharge.
B. The BFE used in determining the Regulatory Flood Protection Elevation shall be
determined based on the following criteria:
1. When BFE data is available from other sources, all new construction and
substantial improvements within such areas shall also comply with all
applicable provisions of this article, and shall be elevated or floodproofed
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in accordance with standards in Sections 9.8.1, General Standards, and
9.8.2, Specific Standards.
2. When floodway or non-encroachment data is available from a Federal,
state, or other source, all new construction and substantial improvements
within floodway and non-encroachment areas shall also comply with the
requirements of Section 9.8.2, Specific Standards, and Section 9.8.5,
Floodways and Non-Encroachment Areas.
3. All subdivision, manufactured home park, and other development
proposals shall provide BFE data if development is greater than five acres
or has more than 50 lots/manufactured home sites. Such BFE data shall
be adopted by reference in accordance with Section 9.8.2, Specific
Standards, and utilized in implementing this article.
4. When BFE data is not available from a Federal, state, or other source as
outlined above, the reference level shall be elevated or floodproofed
(nonresidential) to or above the Regulatory Flood Protection Elevation. All
other applicable provisions of Section 9.8.2, Specific Standards, shall also
apply.
9.8.4. STANDARDS FOR RIVERINE FLOODPLAINS WITH BASE FLOOD ELEVATIONS
BUT WITHOUT ESTABLISHED FLOODWAYS OR NON-ENCROACHMENT
AREAS
Along rivers and streams where BFE data is provided by FEMA or is available from
another source, but neither floodway nor non-encroachment areas are identified for
a Special Flood Hazard Area on the FIRM or in the FIS report, the following
requirements shall apply to all development within such areas:
A. Compliance with the standards in Sections 9.8.1, General Standards, and 9.8.2,
Specific Standards; and
B. Until a regulatory floodway or non-encroachment area is designated, no
encroachments, including fill, new construction, substantial improvements, or other
development, shall be permitted unless certification with supporting technical data by
a registered professional engineer is provided demonstrating that the cumulative
effect of the proposed development, when combined with all other existing and
anticipated development, will not increase the water surface elevation of the base
flood more than one foot at any point within the community.
9.8.5. FLOODWAYS AND NON-ENCROACHMENT AREAS
Areas designated as floodways or non-encroachment areas are located within the
Special Flood Hazard Areas. The floodways and non-encroachment areas are
extremely hazardous areas due to the velocity of floodwaters that have erosion
potential and carry debris and potential projectiles. The following provisions, in
addition to standards outlined in Sections 9.8.1, General Standards, and 9.8.2,
Specific Standards, shall apply to all development within such areas:
A. No encroachments, including fill, new construction, substantial improvements, and
other developments, shall be permitted unless:
1. It is demonstrated that the proposed encroachment would not result in any
increase in the flood levels during the occurrence of the base flood
discharge, based on hydrologic and hydraulic analyses performed in
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accordance with standard engineering practice and presented to the
Floodplain Administrator prior to issuance of a Floodplain Development
Permit; or
2. A Conditional Letter of Map Revision (CLOMR) has been approved by
FEMA. A Letter of Map Revision (LOMR) must also be obtained within six
months of completion of the proposed encroachment.
B. If subsection A above, is satisfied, all development shall comply with all applicable
flood hazard reduction provisions of this article.
C. Manufactured homes may be permitted provided the following provisions are met:
1. The manufactured home complies with the anchoring and the elevation
standards of Section 9.8.2.C, Manufactured Homes; and
2. The encroachment standards of subsection A above.
9.8.6. COASTAL HIGH HAZARD AREA (ZONE VE).
Coastal High Hazard Areas are Special Flood Hazard Areas and designated as
Zones VE. These areas have special flood hazards associated with high velocity
waters from storm surges or seismic activity and, therefore, all new construction and
substantial improvements shall meet the following provisions in addition to the
provisions of Sections 9.8.1, General Standards, and 9.8.2, Specific Standards:
A. All new construction and substantial improvements shall:
1. Be located landward of the reach of mean high tide;
2. Comply with all applicable Coastal Area Management Act (CAMA) setback
requirements.
B. All new construction and substantial improvements shall be elevated so that the
bottom of the lowest horizontal structural member of the lowest floor (excluding
pilings or columns) is no lower than the regulatory flood protection elevation.
Floodproofing shall not be utilized on any structures in Coastal High Hazard Areas to
satisfy the regulatory flood protection elevation requirements.
C. All new construction and substantial improvements shall have the space below the
bottom of the lowest horizontal structural member of the lowest floor free of
obstruction, so as not to impede the flow of flood waters, with the following
exceptions:
1. Open wood, plastic, or other latticework or insect screening may be
permitted below the lowest floor for aesthetic purposes only, and must be
designed to wash away in the event of wave impact and in accordance with
the provisions of Section 9.8.2.D.5.a. Design plans shall be submitted in
accordance with the provisions of Section 9.7.2.A.4.c.2; or
2. Breakaway walls may be permitted provided they meet the criteria set forth
in Section 9.8.2.D.1,2,3, and 9.8.2.D.5.b. Design plans shall be submitted
in accordance with the provisions of Section 9.7.2.A.4.c.1.
D. All new construction and substantial improvements shall be securely anchored to pile
or column foundations. All pilings and columns and the structure attached thereto
shall be anchored to resist flotation, collapse, and lateral movement due to the effect
of wind and water loads acting simultaneously on all building components.
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1. Water loading values used shall be those associated with the base flood.
2. Wind loading values used shall be those required by the current edition of
the North Carolina State Building Code.
E. For concrete pads, including patios, decks, parking pads, walkways, driveways, pool
decks, etc. the following is required:
1. They shall be structurally independent of the primary structural foundation
system of the structure and shall not adversely affect structures through
redirection of floodwaters or debris; and
2. Shall be constructed to breakaway cleanly during design flood conditions,
shall be frangible, and shall not produce debris capable of causing damage
to any structure. (The installation of concrete in small segments
(approximately four feet x four feet) that will easily break up during the base
flood event, or score concrete in four feet x four feet maximum segments
is acceptable to meet this standard); and
3. Reinforcing, including welded wire fabric, shall not be used in order to
minimize the potential for concreted pads being a source of debris; and
4. Pad thickness shall not exceed four inches; or
5. Provide a design professional’s certification stating the design and method
of construction to be used meet the applicable criteria of this section.
6. The provisions above shall not apply to non-residential or multi-family
construction that is designed by a professional engineer and constructed
with self-supporting structural slabs capable of remaining intact and
functional under base flood conditions, including expected erosion.
F. Swimming pools and spas shall comply with the following:
1. Be designed to withstand all flood-related loads and load combinations.
2. Be elevated so that the lowest horizontal structural member is elevated
above the Regulatory Floodplain Elevation (RFPE); or
3. Be designed and constructed to break away during design flood conditions
without producing debris capable of causing damage to any structure; or
4. Be sited to remain in the ground during design flood conditions without
obstructing flow that results in damage to any structure.
5. Registered design professionals must certify to the Floodplain
Administrator that a pool or spa beneath or near a VE Zone building will not
be subject to flotation or displacement that will damage building
foundations or elevated portions of the building or any nearby buildings
during a coastal flood.
6. Pool equipment shall be located above the RFPE whenever practicable.
Pool equipment shall not be located beneath an elevated structure.
G. All elevators, vertical platform lifts, chair lifts, etc., shall comply with the following:
1. Elevator enclosures must be designed to resist hydrodynamic and
hydrostatic forces, as well as erosion, scour, and waves.
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2. Utility equipment in Coastal High Hazard Areas (VE Zones) must not be
mounted on, pass through, or be located along breakaway walls.
3. The cab, machine/equipment room, hydraulic pump, hydraulic reservoir,
counter weight and roller guides, hoist cable, limit switches, electric hoist
motor, electrical junction box, circuit panel, and electrical control panel are
all required to be above RFPE. When this equipment cannot be located
above the RFPE, it must be constructed using flood damage-resistant
components.
4. Elevator shafts/enclosures that extend below the RFPE shall be
constructed of reinforced masonry block or reinforced concrete walls to
provide increased protection from flood damage. Drainage must be
provided for the elevator pit.
5. Flood damage-resistant materials can also be used inside and outside the
elevator cab to reduce flood damage. Only stainless steel doors and door
frames shall be used below the BFE. Grouting in of door frames and sills is
recommended.
6. If an elevator is designed to provide access to areas below the BFE, it shall
be equipped with a float switch system that will activate during a flood and
send the elevator cab to a floor above the RFPE.
H. A registered professional engineer or architect shall certify that the design,
specifications, and plans for construction are in compliance with the provisions of
Section 9.8.2, Specific Standards, and Section 9.8.6.C. and D on the current version
of the North Carolina V-Zone Certification form or equivalent local version.
I. Fill/Grading
1. Minor grading and the placement of minor quantities of nonstructural fill
may be permitted for landscaping and for drainage purposes under and
around buildings and for support of parking slabs, pool decks, patios, and
walkways.
2. The fill material must be similar and consistent with the natural soils in the
area.
3. The placement of site-compatible, non-structural fill under or around an
elevated building is limited to two feet. Fill greater than two feet must
include an analysis prepared by a qualified registered design professional
demonstrating no harmful diversion of floodwaters or wave run-up and
wave reflection that would increase damage to adjacent elevated buildings
and structures.
4. Nonstructural fill with finished slopes that are steeper than five units
horizontal to one unit vertical shall be permitted only if an analysis prepared
by a qualified registered design professional demonstrates no harmful
diversion of floodwaters or wave runup and wave reflection that would
increase damage to adjacent elevated buildings and structures.
J. There shall be no alteration of sand dunes or mangrove stands which would increase
potential flood damage.
K. No manufactured homes shall be permitted except in an existing manufactured home
park or subdivision. A replacement manufactured home may be placed on a lot in
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an existing manufactured home park or subdivision, provided the anchoring and
elevation standards of this section have been satisfied.
L. Recreational vehicles may be permitted in Coastal High Hazard Areas provided that
they meet the recreational vehicle criteria of Section 9.8.2.G.1.
M. A deck that is structurally attached to a building or structure shall have the bottom of
the lowest horizontal structural member at or above the Regulatory Flood Protection
Elevation and any supporting members that extend below the Regulatory Flood
Protection Elevation shall comply with the foundation requirements that apply to the
building or structure, which shall be designed to accommodate any increased loads
resulting from the attached deck. The increased loads must be considered in the
design of the primary structure and included in the V-Zone Certification required
under Section 9.7.2.C.6.
N. A deck or patio that is located below the Regulatory Flood Protection Elevation shall
be structurally independent from buildings or structures and their foundation systems,
and shall be designed and constructed either to remain intact and in place during
design flood conditions or to break apart into small pieces to minimize debris during
flooding that is capable of causing structural damage to the building or structure or
to adjacent buildings and structures.
O. In Coastal High Hazard Areas, development activities other than buildings and
structures shall be permitted only if they are also authorized by the appropriate state
or local authority; if located outside the footprint of, and not structurally attached to,
buildings and structures; and if analyses prepared by qualified registered design
professionals demonstrate no harmful diversion of floodwaters or wave runup and
wave reflection that would increase damage to adjacent buildings and structures.
Such other development activities include but are not limited to:
1. Bulkheads, seawalls, retaining walls, revetments, and similar erosion
control structures;
2. Solid fences and privacy walls, and fences prone to trapping debris, unless
designed and constructed to fail under flood conditions less than the design
flood, or otherwise function to avoid obstruction of floodwaters.
9.8.7. STANDARDS FOR COASTAL A ZONES (ZONE CAZ) LIMWA
Structures in Coastal A Zones (CAZs) shall be designed and constructed to meet V
Zone requirements, including requirements for breakaway walls. However, the
National Flood Insurance Program (NFIP) regulations also require flood openings in
walls surrounding enclosures below elevated buildings in CAZs (see Technical
Bulletin 1, Openings in Foundation Walls and Walls of Enclosures). Breakaway walls
used in CAZs must have flood openings that allow for the automatic entry and exit of
floodwaters to minimize damage caused by hydrostatic loads. Openings also
function during smaller storms, or if anticipated wave loading does not occur, with
the base flood.
A. All new construction and substantial improvements shall be elevated so that the
bottom of the lowest horizontal structural member of the lowest floor (excluding
pilings or columns) is no lower than the regulatory flood protection elevation.
Floodproofing shall not be utilized on any structures in CAZs to satisfy the regulatory
flood protection elevation requirements.
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B. All new construction and substantial improvements shall have the space below the
lowest horizontal structural member free of obstruction so as not to impede the flow
of flood waters, with the following exceptions:
1. Open wood, plastic or other latticework or insect screening may be
permitted below the lowest floor for aesthetic purposes only, and must be
designed to wash away in the event of wave impact and in accordance with
the provisions of Section 9.8.2.D.5.a. Design plans shall be submitted in
accordance with the provisions of Section 9.7.2.A.4.c.2; or
2. Breakaway walls may be permitted provided they meet the criteria set forth
in Section 9.8.2.D.5.b. Design plans shall be submitted in accordance with
the provisions of Section 9.7.2.A.4.c.2.
C. All new construction and substantial improvements shall include, in CAZs, flood
openings to automatically equalize hydrostatic flood forces on walls by allowing for
the entry and exit of floodwaters. To meet this requirement, the openings must either
be certified by a professional engineer or architect or meet or exceed the design
criteria in Section 9.8.2.D.4.
D. Concrete pads, including patios, decks, parking pads, walkways, driveways, etc.
must meet the provisions of Section 9.8.6.E.
E. All new construction and substantial improvements shall meet the provisions of
Section 9.8.6.C.
F. A registered professional engineer or architect shall certify that the design,
specifications and plans for construction are in compliance with the provisions of
Section 9.7.2, Floodplain Development Application, Permit and Certification, and
Section 9.8.6.C and D, on the current version of the North Carolina V-Zone
Certification form or a locally developed V-Zone Certification form.
G. Recreational vehicles may be permitted in Coastal A Zones provided that they meet
the Recreational Vehicle criteria of Section 9.8.2.G.1.
H. Fill/Grading must meet the provisions of Section 9.8.2.K.
I. Decks and patios must meet the provisions of Section 9.8.6.M and N.
J. In Coastal High Hazard Areas, development activities other than buildings and
structures must meet the provisions of Section 9.8.6.O.
9.8.8. STANDARDS FOR AREAS OF SHALLOW FLOODING (ZONE AO)
Located within the Special Flood Hazard Areas, are areas designated as shallow
flooding areas. These areas have special flood hazards associated with base flood
depths of one to three feet where a clearly defined channel does not exist, and where
the path of flooding is unpredictable and indeterminate. In addition to Sections 9.8.1,
General Standards, and 9.8.2, Specific Standards, all new construction and
substantial improvements shall meet the following requirements:
A. The reference level shall be elevated at least as high as the depth number specified
on the Flood Insurance Rate Map (FIRM), in feet, plus a freeboard of two feet, above
the highest adjacent grade; or at least two feet above the highest adjacent grade if
no depth number is specified.
B. Non-residential structures may, in-lieu of elevation, be floodproofed to the same level
as required in subsection A of this section, so that the structure, together with
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attendant utility and sanitary facilities, below that level shall be watertight with walls
substantially impermeable to the passage of water and with structural components
having the capability of resisting hydrostatic and hydrodynamic loads and effects of
buoyancy. Certification is required in accordance with Section 9.7.2.B, Permit
Requirements, and Section 9.8.2.B, Non-Residential Construction.
C. Adequate drainage paths shall be provided around structures on slopes, to guide
floodwaters around and away from proposed structures.
9.8.9. EFFECT ON RIGHTS AND LIABILITIES UNDER THE EXISTING FLOOD
DAMAGE PREVENTION ORDINANCE
This ordinance in part comes forward by re-enactment of some of the provisions of
the Flood Damage Prevention Ordinance enacted April 3, 1978 as amended, and it
is not the intention to repeal but rather to re-enact and continue to enforce without
interruption of such existing provisions, so that all rights and liabilities that have
accrued thereunder are reserved and may be enforced. The enactment of this
ordinance shall not affect any action, suit or proceeding instituted or pending. All
provisions of the Flood Damage Prevention Ordinance of New Hanover County
enacted on April 3, 1978, as amended, which are not reenacted herein are repealed.
The date of the initial Flood Damage Prevention Ordinance for each municipal
jurisdiction within New Hanover County is as follows: City of Wilmington: April 4,
1978; Town of Carolina Beach: May 12, 1987; Town of Kure Beach: January 6, 1982;
Town of Wrightsville Beach: November 21, 1974.
9.8.10. EFFECT UPON OUTSTANDING FLOODPLAIN DEVELOPMENT PERMITS
Nothing herein contained shall require any change in the plans, construction, size,
or designated use of any development or any part thereof for which a Floodplain
Development Permit has been granted by the Floodplain Administrator or a
professional-level designee, before the passage of this ordinance; provided,
however, that when construction is not begun under such outstanding permit within
a period of six months subsequent to the date of issuance of the permit, construction
or use shall be in conformity with the provisions of this article.
Unified Development Ordinance | New Hanover County, NC 10-1
Article 10: Administrative Procedures
Section 10.1. Advisory and Decision-Making Bodies
10.1.1. GENERAL
A. The following bodies and County staff have powers and responsibilities in
administering and reviewing development applications under this Ordinance:
1. Board of Commissioners;
2. Planning Board;
3. Board of Adjustment;
4. Technical Review Committee (TRC);
5. Planning Director;
6. Building Safety Director; and
7. County Engineer.
B. Table 10.1.1: Summary Table of Development Review Responsibilities, summarizes
the specific review responsibilities of advisory and decision-making bodies and
County staff for each type of application. [05-03-2021]
10-2 New Hanover County, NC | Unified Development Ordinance
[05-03-2021][11-14-2022]
10.1.2. BOARD OF COMMISSIONERS
To exercise the authority granted to the Board of Commissioners by state law, the
Board shall have the following powers and duties under this Ordinance:
A. To review and make a decision on applications for the following:
1. Text amendments (Section 10.3.1);
2. Zoning map amendments (Section 10.3.2);
3. Conditional zonings (Section 10.3.3);
4. Planned developments (Section 10.3.4); and
5. Special use permits (Section 10.3.5).
B. To adopt a schedule of fees governing applications under this Ordinance, and civil
penalties for violations of this Ordinance; and
Unified Development Ordinance | New Hanover County, NC 10-3
C. To take any other action not delegated to the Planning Board, Board of Adjustment,
Technical Review Committee (TRC), Planning Director, Building Safety Director, or
County Engineer as the Board of Commissioners may deem desirable and necessary
to implement the provisions of this Ordinance, in accordance with state law.
D. To enter into private development agreements as provided in Article 10 of N.C.G.S.
Chapter 160D after conducting a public hearing. These development agreements
may require a commitment of public and private resources for large scale projects
containing at least 25 acres or more exclusive of wetlands, mandatory buffers, and
other portions of the property precluded from development. In entering into such
agreements, the County may not exercise any authority or make any commitment
not authorized by general or local act and may not impose any tax or fee not
authorized by otherwise applicable law. [05-03-2021]
10.1.3. PLANNING BOARD
The Planning Board is hereby established in accordance with state law.
A. Powers and Duties
[05-03-2021]
The Planning Board shall have the following powers and duties:
1. To review and make a recommendation on the following applications:
a. Text amendments (Section 10.3.1);
b. Zoning map amendments (Section 10.3.2);
c. Conditional zonings (Section 10.3.3); and
d. Planned Developments (Section 10.3.4);
2. To provide a preliminary forum for review of special use permits (Section
10.3.5), provided that no part of the preliminary forum or recommendation
may be used as a basis for the deciding board;
3. To make recommendations to the Board of Commissioners on studies,
plans, and ordinances regarding growth, development, and redevelopment
in the County, including comprehensive land use plans and development
regulations; and
4. Any other powers and duties delegated to it by the Board of
Commissioners, consistent with state law.
B. Membership, Appointment, and Terms of Office
1. The Planning Board shall consist of seven members appointed by the
Board of Commissioners.
2. Planning Board members shall be residents of the County.
3. Planning Board members shall be appointed to three-year, staggered
terms, except that in case of vacancy occurring during a term, the same
shall be filled by the Board of Commissioners for the unexpired portion of
such term.
4. Planning Board members shall be appointed to three-year terms that are
staggered such that the terms of not more than three members expire in
10-4 New Hanover County, NC | Unified Development Ordinance
any given year. Members may be appointed to successive terms without
limitation.
5. The Board of Commissioners shall appoint Planning Board members to fill
vacancies occurring for reasons other than expiration of terms for the
period of the unexpired term only.
6. Any Planning Board member may be removed at any time with or without
cause by the Board of Commissioners.
C. Officers and Rules of Procedure
The Planning Board shall elect its own officers and shall adopt the rules of procedure
under which it will operate, including establishing the time(s) and place(s) of
meetings. Copies of the rules of procedure shall be made available for public
inspection in the Planning Department.
D. Staff
The Planning Director shall serve as the professional staff liaison to the Planning
Board and provide it with administrative support.
E. Meetings
1. Regular meetings of the Planning Board shall be open to the public. There
shall be no secret or executive meetings.
2. The Planning Board shall keep minutes of its meetings, in which shall be
recorded all actions taken by the Board on all matters considered. Such
minutes shall be public records.
10.1.4. BOARD OF ADJUSTMENT
The Board of Adjustment is hereby established in accordance with state law.
A. Powers and Duties
[05-03-2021]
The Board of Adjustment shall have the following powers and duties:
1. To review and make a decision on the following:
a. Zoning and subdivision variances (Section 10.3.11);
b. Reasonable accommodations (Section 10.3.13); and
c. Appeals of administrative decisions made under authority of this
Ordinance (including interpretations) (Section 10.3.14); and
2. Any other powers and duties delegated to it by the Board of
Commissioners, consistent with state law.
B. Membership, Appointment, and Terms of Office
1. The Board of Adjustment shall consist of five regular members and three
alternate members, appointed by the Board of Commissioners.
2. Members of the Board of Adjustment shall be residents of the County.
3. Members of the Board of Adjustment shall be appointed to three-year terms
that are staggered such that the terms of not more than two regular
Unified Development Ordinance | New Hanover County, NC 10-5
members and one alternate member expire in any given year. Members
may be appointed to successive terms without limitation.
4. The Board of Commissioners shall appoint Board of Adjustment members
to fill vacancies occurring for reasons other than expiration of terms for the
period of the unexpired term only.
5. Any Board of Adjustment member may be removed for cause by the Board
of Commissioners upon written charges and after a public hearing.
C. Officers and Rules of Procedure
1. The Board of Adjustment shall elect one of its members as Chair and
another as Vice Chair, each of whom shall serve one-year terms.
2. The Board of Adjustment shall adopt the rules of procedure under which it
will operate, including establishing the time(s) and place(s) of meetings.
Copies of the rules of procedure shall be made available for public
inspection in the Planning Department.
D. Staff
The Planning Director shall serve as the professional staff liaison to the Board of
Adjustment and provide it with administrative support.
E. Meetings
1. Regular meetings of the Board of Adjustment shall be open to the public.
2. The Board of Adjustment shall keep minutes of its meetings, in which shall
be recorded all actions taken by the Board of Adjustment, including the vote
of each member upon every question, or indicating the member’s absence
or failure to vote, and all records of its examination and any other official
actions. Such minutes shall be public records.
10.1.5. TECHNICAL REVIEW COMMITTEE (TRC)
The Technical Review Committee (TRC) is hereby established in accordance with
state law.
A. Powers and Duties
The TRC shall have the following powers and duties:
1. To review and make a decision on the following applications:
a. Major site plans (Section 10.3.6.D);
b. Major subdivision preliminary plans (Section 10.3.7.D.1); and
c. Major subdivision construction plans (Section 10.3.7.D.2);
2. To review and make a recommendation on the following applications:
a. Conditional zonings, at the applicant’s request (Section 10.3.3);
b. Planned developments, at the applicant’s request (Section 10.3.4);
c. Minor site plans, at the applicant’s request (Section 10.3.6.E); and
d. Major subdivision final plats (Section 10.3.7.D.3); and
10-6 New Hanover County, NC | Unified Development Ordinance
3. To provide its expertise and technical assistance to the County’s other
decision-making bodies, upon request.
B. Membership
The TRC shall consist of representatives from County departments and agencies
involved with development review, including the following:
1. Planning;
2. Engineering;
3. Fire Services;
4. Cape Fear Public Utility Authority; and
5. Environmental Health.
C. Chair
The Planning Director shall serve as Chair of the TRC, and shall schedule committee
meetings, coordinate the committee’s activities, preside over committee meetings,
prepare committee reports, and serve as the liaison to the departments and agencies
involved in the TRC review process.
D. Meetings
1. The Planning Director shall establish a regular meeting schedule to allow
the TRC to take action as expeditiously as reasonably possible on matters
before it. The TRC may make recommendations and decisions on
applications at its regular meetings or by other means established by the
Planning Director to ensure an efficient review process.
2. The purpose of TRC meetings is to allow for discussion of comments
provided by the TRC on specific development applications or conceptual
proposals with the applicant, and for the TRC to make a decision or
recommendations on the application, as appropriate.
E. Review and Comment by Other Departments or Agencies
Representatives from county departments and from non-county regulatory agencies
involved with development review may participate in the TRC review process and
provide comments on development applications. These agencies include, but are
not limited to:
1. The North Carolina Department of Transportation;
2. The Wilmington Metropolitan Planning Organization;
3. The North Carolina Department of Environmental Quality; and
4. The United States Army Corps of Engineers.
Unified Development Ordinance | New Hanover County, NC 10-1
10.1.6. PLANNING DIRECTOR
A. The Planning Director shall have the following powers and duties under this
Ordinance:
1. To review and make a decision on the following applications:
a. Minor site plans (Section 10.3.6);
b. Major subdivision final plats (Section 10.3.7);
c. Minor subdivision plats (Section 10.3.7);
d. Zoning compliance approvals (Section 10.3.8);
e. Tree removal permits (Section 10.3.9); and
f. Interpretations (Section 10.3.15);
2. To review and prepare reports and/or recommendations, as appropriate, to
advisory and decision-making bodies on the following applications:
a. Text amendments (Section 10.3.1);
b. Zoning map amendments (Section10.3.2);
c. Conditional zonings (Section 10.3.3);
d. Planned developments (Section 10.3.4);
e. Special use permits (Section 10.3.5);
f. Major site plans (Section 10.3.6);
g. Major subdivision preliminary plans (Section 10.3.7);
h. Zoning and subdivision variances (Section 10.3.11); and
i. Reasonable accommodations (Section 10.3.13);
3. To conduct pre-application conferences in accordance with Section 10.2.2,
Pre-Application Conference;
4. To establish requirements for the content, format, and submission schedule
for development applications reviewed under this Ordinance;
5. To compile and maintain an Administrative Manual that supplements
procedures for development review required by this Ordinance, and which
may include detailed submittal and procedural requirements for
development applications, a schedule of application fees (as established
by the Board of Commissioners), and detailed specifications and
illustrations identifying how this Ordinance’s standards for landscaping,
infrastructure, and other aspects of development may be met;
6. To maintain the Official Zoning Map and related materials;
7. To serve as the Floodplain Administrator;
8. To serve as professional staff to the Planning Board and the Board of
Adjustment;
9. To provide expertise and technical assistance to the County’s review and
decision-making bodies;
10-2 New Hanover County, NC | Unified Development Ordinance
10. To enforce this Ordinance in accordance with Article 12: Violations and
Enforcement;
11. To carry out any other activities necessary for the administration of this
Ordinance that are not delegated to other bodies or officials; and
12. To prepare and implement studies, plans, and ordinances regarding
growth, development, and redevelopment in the County, including
comprehensive land use plans and development regulations.
B. The Planning Director may delegate any act authorized by this Ordinance to be
carried out by the Planning Director to professional-level staff under the Planning
Director’s direction.
C. The designated Planning Director for the purposes of this Ordinance is the Director
of the Planning Department, or the head of the equivalent department that carries out
the County’s planning and zoning functions.
10.1.7. COUNTY ENGINEER
The County Engineer shall have the following powers and duties:
A. Meet the objectives and enforce the stormwater management standards as stated
within Article 7: Stormwater Management; and [11-14-2022]
B. To accept applications for construction plans and to issue approval letters for the
installation of the required improvements in accordance with the approved plans and
the design standards specified in this Ordinance.
Section 10.2. Standard Review Procedures
10.2.1. GENERAL
A. This section sets forth the standard procedural steps that are generally required for
development applications reviewed under this Ordinance. Where a procedural step
is not required for a particular type of application, or where alternative procedures
are required, Section 10.3, Application-Specific Procedures, specifies the variations
from the standard review procedures. The procedural flow charts in Section 10.3
generally depict the procedural steps that apply to the review of each type of
application.
B. The County has prepared an Administrative Manual that includes information and
requirements for submitting applications for development review under this
Ordinance. That manual includes application submittal requirements, review
schedules, and additional details on application review procedures.
10.2.2. PRE-APPLICATION CONFERENCE
A. Purpose
The purpose of a pre-application conference is to provide an opportunity for the
applicant and staff to review submittal requirements, procedures, and schedules for
an anticipated development application. A pre-application conference is also
intended for the applicant and staff to discuss the scope, features, and impacts of
the proposed development.
Unified Development Ordinance | New Hanover County, NC 10-3
B. Applicability
A pre-application conference is required for applications for planned development
(see Section 10.3.4). A pre-application conference may be requested and held at
the applicant’s option for any other development application reviewed under this
Ordinance.
C. Effect
The pre-application conference is intended as a means of facilitating the review
process. Discussions held in accordance with this section are not binding on the
County or the applicant. Official reviews of development applications do not begin
until a formal application is submitted and determined to be complete.
10.2.3. COMMUNITY INFORMATION MEETING
[06-05-2023]
A. Purpose
[06-05-2023]
The purpose of a community information meeting is to provide an in-person or digital
forum so the applicant can inform owners and residents of nearby lands and other
stakeholders about a proposed development application, to allow the applicant to
explain the review process and site plan if applicable; and to provide the applicant
an opportunity to hear and address questions, comments and concerns about the
development proposal so they are able to resolve conflicts and outstanding issues
through discussion and modifications to the proposal, where possible.
B. Applicability
[06-05-2023]
1. At least one community information meeting that complies with the
requirements in this section is required to be held prior to submittal of any
of the following applications:
a. Conditional rezonings;
b. Planned developments; and
c. Special use permits for uses classified as intensive industry.
2. If a scheduled meeting is unable to be held due to technical issues beyond
the control of the applicant or isolated storm events (e.g. those not covered
by local declarations of emergency), the community meeting must be
rescheduled and held in accordance with requirements outlined in section
C below. If the required community information meeting report component
of the application is submitted within three business days after the
application deadline, the application will be eligible for scheduling on the
next Planning Board agenda.
3. The adequacy of a meeting held shall be considered by the Planning Board
and Board of Commissioners, as appropriate, in their decisions, but shall
not be subject to judicial review.
4. For applications other than those identified in subsection 1 above, a
community information meeting may be held in accordance with this
section at the option of the applicant.
10-4 New Hanover County, NC | Unified Development Ordinance
C. Procedure
[06-05-2023]
If a community information meeting is conducted, the applicant shall comply with the
requirements in subsections 1 and 2 below.
1. Notification
a. The applicant shall send written notice by first class mail and/or
personal delivery at least ten days prior to the date of the community
information meeting. Notice shall be provided to each owner of record
of land within 500 feet of and on the tax parcel or leased site, if
applicable, subject to the application. Notice shall be provided to the
Planning Department as outlined by administrative procedures.
b. The County shall provide notice of the community information meeting
by e-mail to the Sunshine List upon receipt of the applicant’s
notification.
2. Conduct of Meeting and Written Summary
a. The community information meeting shall be open to the public. At the
meeting, the applicant shall explain the development proposal and
application, inform attendees about the application review process,
respond to questions or concerns neighbors raise about the proposed
application, and discuss ways to resolve any conflicts or concerns.
b. The applicant shall prepare a written summary of the meeting. The
summary shall be included with the application materials and contain
the following information:
1. Date, time, and location of the meeting;
2. List of invitees and copies of any returned mailings received as of
the date of application;
3. List of meeting attendees;
4. Summary of issues discussed;
5. Description of any changes or adjustments made to the proposal as
a result of the comments and concerns received by the applicant;
and
6. Any other information the applicant deems appropriate.
c. The Planning Director may develop administrative requirements for
communicating and holding community meetings that fulfill the meeting
requirements of this section, as approved by the New Hanover County
Board of Commissioners, with subsequent amendments approved by
the County Manager.
10.2.4. APPLICATION SUBMITTAL AND ACCEPTANCE
A. Authority to File Applications
1. Unless expressly stated otherwise in this Ordinance, development
applications reviewed under this Ordinance shall be submitted by:
Unified Development Ordinance | New Hanover County, NC 10-5
a. The owner, contract purchaser, or any other person having a
recognized property interest in the land on which development is
proposed; or
b. A person authorized to submit the application on behalf of the owner,
contract purchaser, or other person having a recognized property
interest in the land, as evidence by a letter or document signed by the
owner, contract purchaser, or other person having a recognized
property interest in the land.
2. Applications for text amendments and general use zoning map
amendments may be submitted by any person, organization, or interested
party, including the Board of Commissioners, the Planning Board, or
County staff except that no text amendment or general use zoning map
amendment that down-zones property, as defined by this ordinance, shall
be initiated or considered without the written consent of all property owners
whose property is the subject of the down-zoning amendment, unless the
amendment is initiated by the County. [05-03-2021]
B. Application Content
1. The Planning Director shall establish the requirements for the content and
form of each type of specific development application reviewed under this
Ordinance and shall include the requirements in the Administrative Manual.
2. The Planning Director may amend and update application requirements as
necessary to ensure effective and efficient review.
3. The applicant bears the burden of ensuring that an application contains
sufficient information to demonstrate compliance with all applicable
standards in this Ordinance.
C. Application Fees
The Board of Commissioners shall establish application fees and may amend and
update those fees as necessary. The Planning Director shall include a schedule of
application fees in the Administrative Manual.
D. Schedule for Application Submittal and Review
1. The Planning Director shall establish a submittal and review schedule
(including submittal deadlines and time frames for review) for the various
types of development applications, and shall include the schedule in the
Administrative Manual.
2. The Planning Director may amend and update the submittal and review
schedule to ensure effective and efficient review under this Ordinance.
E. Application Submittal
Applications shall be submitted to the Planning Director in the form and having the
content established by the Planning Director, along with the appropriate application
fee.
10-6 New Hanover County, NC | Unified Development Ordinance
F. Determination of Application Completeness
1. Completeness Review
After submittal of an application in accordance with this Ordinance, the
Planning Director shall determine whether the application is complete or
incomplete. A complete application is one that:
a. Contains all information and materials required by this Ordinance,
including the requirements for the submittal of the particular type of
application established by the Planning Director in the Administrative
Manual;
b. Is in the form required by the Planning Director for the particular type of
application;
c. Includes information in sufficient detail to evaluate the application to
determine whether it complies with the appropriate standards of this
Ordinance; and
d. Is accompanied by the fee established for the particular type of
application.
2. Application Incomplete
a. If the Planning Director determines that the application is incomplete,
the Planning Director shall notify the applicant of the deficiencies in the
application. The applicant may correct the deficiencies and resubmit
the application for completeness determination.
b. The Planning Director shall not process an application for further review
until it is determined to be complete.
c. Applications fees shall not be accepted for applications determined to
be incomplete.
3. Application Complete
If the Planning Director determines that the application is complete, the
Planning Director shall accept the application for review in accordance with
the procedures and standards of this Ordinance.
G. Application Withdrawal
1. An applicant may withdraw a complete application at any time by submitting
a written notice to the Planning Director.
2. Applications fees shall not be refunded for withdrawn applications.
10.2.5. STAFF REVIEW AND ACTION
A. Staff Review
1. Applications shall be reviewed during the appropriate review cycle in place
when the application is determined to be complete.
2. The Planning Director shall distribute the application to all appropriate staff
and review agencies for review and comment.
Unified Development Ordinance | New Hanover County, NC 10-7
3. In considering the application, the Planning Director, the TRC, or other
County staff (as appropriate), shall review the application, relevant support
material, and any comments or recommendations from other staff and
review agencies to which the application was referred.
4. If deficiencies in complying with the applicable development standards are
identified, the Planning Director shall notify the applicant of such
deficiencies and provide the applicant a reasonable opportunity to discuss
the deficiencies and revise the application to address them. The Planning
Director may also offer the applicant comments or suggestions regarding
possible improvements to the proposed development that are not required
by this Ordinance.
B. Applications Subject to Decision by the Planning Director or TRC
1. If an application is subject to review and final decision by the Planning
Director or the TRC, the Planning Director or TRC, as appropriate, shall
either approve the application, approve the application subject to
conditions (as appropriate), or require that the application be revised to
address deficiencies in complying with applicable development standards.
2. If an application is subject to review and final decision by the TRC, the
application shall be approved or approved subject to conditions, if all
members of the TRC find that it complies with the standards each individual
member is responsible for administrating.
3. Conditions of approval shall be limited to those deemed necessary to
ensure compliance with the standards of this Ordinance. They shall be
related in both type and scope to the anticipated impacts of the proposed
development. All conditions of approval shall be expressly set forth in the
development approval or permit.
C. Applications Subject to a Public Hearing
1. Staff Report
If a public hearing is required for the application (see Table 10.1.1:
Summary Table of Development Review Responsibilities), the TRC shall
review and make a recommendation on the application if required by Table
10.1.1, and the Planning Director shall review the application, and TRC’s
recommendation, as applicable, and prepare a written staff report on the
application. The staff report may recommend one of the decisions
authorized for the particular type of application, as set forth in Section 10.3,
Application-Specific Procedures, and may identify and recommend
conditions of approval, as appropriate.
2. Distribution and Availability of Application and Staff Report
Within a reasonable time period before the public hearing or meeting at
which an application is scheduled for review by an advisory or decision-
making body, the Planning Director shall:
a. Schedule the public hearing or meeting and verify any required public
notification of the hearing in accordance with Section 10.2.6, Public
Hearing and Preliminary Forum Scheduling and Public Notification;
10-8 New Hanover County, NC | Unified Development Ordinance
b. Transmit the application, related materials, and the staff report to the
appropriate advisory or decision-making body;
c. Transmit a copy of the staff report to the applicant; and
d. Make the application, related materials, and staff report available for
examination by the public on the County’s website and/or in the
Planning Department during normal business hours, at a reasonable
cost.
10.2.6. PUBLIC HEARING AND PRELIMINARY FORUM SCHEDULING AND PUBLIC
NOTIFICATION
[05-03-2021]
If a public hearing or preliminary forum is required for the application (see Table
10.1.1: Summary Table of Development Review Responsibilities), the scheduling
and public notification of the public hearing or preliminary forum shall comply with
the requirements in this section. The scheduling and public notification requirements
of this section shall apply to Special Use Permit Preliminary Forums. [05-03-2021]
A. Scheduling of Public Hearing
1. General
a. If a public hearing is required for an application (see Table 10.1.1:
Summary Table of Development Review Responsibilities), the Planning
Director shall ensure that the public hearing on the application is
scheduled for a regularly scheduled meeting or a meeting specially
called for that purpose by the advisory or decision-making body
reviewing the application.
b. A required public hearing on the application shall be scheduled so there
is sufficient time for a staff report to be prepared and for the public
notification requirements to be satisfied under state law.
2. Deferral of Hearing upon Applicant’s Request
An applicant may request that an advisory or decision-making body’s
consideration of a development application at a public hearing be deferred
by submitting a written request for deferral to the Planning Director.
a. Request Before Notification Provided
If mailed or published notice has not been provided in accordance with
this Ordinance, the Planning Director shall consider and decide the
deferral request. An application may be deferred by the Planning
Director for a time not to exceed six months, for good cause.
Applications that are not considered by the advisory or decision-making
body after a six-month administrative deferral shall be considered
withdrawn.
b. Request After Notification Provided
If mailed or published notice has been provided in accordance with this
Ordinance, the deferral request shall be considered by the advisory or
decision-making body at the public hearing for which notice was
Unified Development Ordinance | New Hanover County, NC 10-9
provided and may be granted at the discretion of the advisory or
decision-making body for good cause, for a period of time determined
appropriate by the body. If a deferral is granted, the applicant shall be
responsible for any additional fees in accordance with the adopted fee
schedule. Applications that are not considered by the advisory or
decision-making body within six months after the advisory or decision-
making body grants a deferral shall be considered withdrawn.
B. Public Notification
All development applications shall comply with the North Carolina General Statutes
(N.C.G.S), the provisions of this section, and the other provisions of this Ordinance
with regard to public notification.
1. Required Type and Timing of Public Notification
Public notification of a public hearing on a development application shall
be provided in accordance with the requirements in Table 10.2.6.B.1:
Required Type and Timing of Public Notification, for the type of application
and the type of notice. In computing the required time periods, the day the
notice is published, mailed, or posted shall not be included, but the day of
the hearing shall be included.
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2. Sunshine List and Website Posted Notice Requirements
a. The Planning Director shall post the application materials and the date,
time, and location of the initial public hearing for which the application
is scheduled to the Planning Department’s website within ten business
days of the application submittal deadline established in the
Administrative Manual.
b. After the application has been posted to the Planning Department’s
website, the Planning Director shall send notice of the posting to the
Sunshine List (see Section 2.3, Definitions and Terms) within the same
timeframe stated above.
c. Additional materials submitted by the applicant after the application
submittal deadline shall be posted to the Planning Department’s
website when received by the Planning Director.
3. Published Notice Requirements
The Planning Director shall be responsible for providing published notice
of a public hearing in accordance with this section. Notice shall be
published in a newspaper that has general circulation in the County.
4. Mailed Notice Requirements
a. Except for community information meetings, the Planning Director shall
be responsible for mailing notice in accordance with this section. Notice
shall be mailed to:
1. The owners of the land subject to the application;
2. The applicant, if different from the land owner;
3. The owners, as shown on the County tax listing, of land within 500
feet of the land subject to the application (including owners of land
located outside of the County) whose address is known by
reference to the latest ad valorem tax records; and
4. Commanders of military bases located within five miles of the land
subject to the application when the application proposes:
Unified Development Ordinance | New Hanover County, NC 10-11
i. Changes to the Official Zoning Map;
ii. Changes that affect the range of allowable uses of land;
iii. Changes relating to telecommunication towers or windmills; or
iv. Changes to proposed major subdivision preliminary plats or an
increase of an approved subdivision by more than 50 percent
of the subdivision’s land area, including developed and
undeveloped land.
b. Notice shall be deemed mailed by its deposit in the United States mail,
first class, properly addressed, postage paid. The content and form of
the notice shall comply with Section 10.2.6.B.6, Notice Content, and
state law.
c. The Planning Director shall prepare an affidavit affirming that notice of
the public hearing meeting these standards was mailed. The affidavit
shall be conclusive that notice is given in accordance this section.
d. A copy of the mailed notice shall be maintained in the Planning
Department for public inspection during normal business hours.
5. Posted Notice Requirements
a. The Planning Director shall be responsible for posting notice required
by this section.
b. The posted notice shall be located on the land subject to the application
or on an adjacent public street right-of-way in a conspicuous location
so as to be clearly visible to the traveled portion of the respective street.
If no part of the subject land is visible from a public right-of-way, the
notice shall be posted in the public right-of-way of the nearest street.
When multiple parcels are included within an application, a posting on
each individual parcel is not required, but the Planning Director shall
post sufficient notices to provide reasonable notification to interested
persons.
c. The content and form of the notice shall be established by the Planning
Director in accordance with state law.
6. Notice Content
All notices for public hearings provided by mail (mailed notice), or
publication (publishing in a newspaper of general circulation in the County)
shall:
a. Identify the date, time, and location of the public hearing;
b. Identify the location of the land subject to the application; and
c. Describe the nature of the proposed development or action.
7. Constructive Notice
a. Minor defects in any notice shall not impair the notice or invalidate
proceedings pursuant to the notice if a bona fide attempt is made to
comply with applicable notice requirements. Minor defects in notice
may include, but are not limited to:
10-12 New Hanover County, NC | Unified Development Ordinance
1. Errors in a legal description; and
2. Typographical or grammatical errors that do not impede
communication of the notice to affected parties.
b. Failure of a party to receive written notice shall not invalidate
subsequent action. In all cases, however, the requirements for the
timing of the notice and for specifying the time, date, and location of a
public hearing and the location of the subject property shall be strictly
adhered to.
c. If questions arise at the hearing regarding the adequacy of notice, the
body conducting the hearing shall direct the Planning Director to make
a formal finding as to whether there is substantial compliance with the
notice requirements of this Ordinance
Unified Development Ordinance | New Hanover County, NC 10-1
10.2.7. PUBLIC HEARING AND PRELIMINARY FORUM PROCEDURES
[05-03-2021]
If a public hearing or preliminary forum is required for the application (see Table
10.1.1: Summary Table of Development Review Responsibilities), the public hearing
or preliminary forum shall comply with the requirements in this section. [05-03-2021]
A. General
[05-03-2021]
1. The burden of demonstrating that an application complies with applicable
review and approval standards of this Ordinance is on the applicant.
2. Any person may appear at a public hearing or preliminary forum and submit
testimony, documents, and materials, either individually or as a
representative of a person or an organization. Each person who speaks at
a public hearing or preliminary forum shall identify themselves, state their
home or business address, and if appearing on behalf of a person or
organization, state the name and mailing address of the person or
organization they represent.
3. The body conducting the public hearing or preliminary forum may place
reasonable time restrictions on the presentation of testimony and the
submission of documents and other materials. The body conducting the
hearing or preliminary forum may exclude testimony that it finds to be
irrelevant, immaterial, or unduly repetitious.
4. The body conducting the public hearing or preliminary forum may, on its
own motion or at the request of any person, continue the public hearing or
preliminary forum to a fixed date, time, and place.
5. The body conducting the public hearing or preliminary forum shall record
the proceedings by any appropriate means. The written or taped record of
oral proceedings, the hearing minutes, all applications, exhibits, and
papers submitted in any proceeding before the body conducting the public
hearing or preliminary forum, the staff report, and the recommendation or
decision shall constitute the record. All records of public hearings or
preliminary forums conducted by an advisory or decision-making body shall
be a public record, and open for inspection at the County offices during
normal business hours upon reasonable notice.
B. Order of Proceeding for Standard Public Hearings
[05-03-2021]
The order of proceedings at a standard public hearing shall be as follows:
1. Presentation of Staff Report
The Planning Director shall provide a brief introductory narrative and/or
graphic description of the application and present the staff report and any
review body findings and recommendations.
2. Applicant Presentation
The applicant shall present any information the applicant deems
appropriate.
10-2 New Hanover County, NC | Unified Development Ordinance
3. Public Comment
Public comments shall be heard. Any person other than the applicant or
applicant’s representatives may be permitted to speak in accordance with
the advisory or decision-making body’s rules of procedure, or at their
discretion, as appropriate, in support of or in opposition to the application.
4. Response to Comments and Presentation
The applicant, public, and Planning Director may respond to any
comments, documents, or materials presented as deemed appropriate by
the body conducting the meeting.
5. Close of Hearing
The person chairing the body conducting the hearing shall close the
hearing. After the hearing is closed, no additional testimony, evidence, or
public comments will be heard or considered.
C. Quasi-Judicial Public Hearings
Quasi-judicial public hearings shall comply with the following requirements in
addition to the requirements in subsections A and B above:
1. Ex Parte Communication
Ex parte communication between an applicant or an affected party and a
member of the body holding the hearing on the application is prohibited,
and must be disclosed during the hearing, if it occurs.
2. Sworn Testimony
All persons who will testify at the hearing shall be sworn in prior to their
submission of testimony and evidence.
3. Opportunity to Present Testimony and Evidence
Any person may present testimony and evidence, subject to Section
10.2.7.A.3 above.
4. Cross Examination
Cross-examination by members of the body conducting the hearing shall
be allowed. Cross-examination by the County, the applicant or applicant’s
representatives, and affected parties is also allowed, subject to the
authority of the chair of the body holding the hearing.
5. Consideration of Testimony and Evidence
The body conducting the hearing shall make its recommendation or
decision based on findings of fact supported by competent, substantial, and
material evidence presented at the hearing.
D. Order of Proceeding for Preliminary Forums
The order of proceedings at a preliminary forum shall be as follows:
Unified Development Ordinance | New Hanover County, NC 10-3
1. Staff Introduction
The Planning Director shall briefly introduce the application.
2. Applicant Presentation
The applicant shall present any information the applicant deems
appropriate.
3. Public Comment
Public comments shall be heard. Any person other than the applicant or
applicant’s representatives may be permitted to speak in accordance with
the Planning Board’s rules of procedure, or at the Board’s discretion, as
appropriate, in support of or in opposition to the application.
4. Response to Public Comments and Presentation
The applicant, public, and Planning Director may respond to any
comments, documents, or materials presented as deemed appropriate by
the Planning Board.
10.2.8. ADVISORY BODY REVIEW AND ACTION
If review by an advisory body (the Planning Board) is required for the application (see
Table 10.1.1: Summary Table of Development Review Responsibilities), the body
shall review and act on the application in accordance with the following procedures.
A. Review and Recommendation
[05-03-2021]
1. The advisory body shall conduct a public hearing or preliminary forum on
the application in accordance with 10.2.6.B.7.c,
2. , and shall consider the application, relevant support materials, the staff
report, and any public comments made during the public hearing or
preliminary forum. Following the public hearing, the body shall recommend
one of the decisions authorized for the particular type of application, based
on the applicable review standards.
3. The advisory body’s recommendation shall be in writing and shall clearly
state the factors considered in making the recommendation and the basis
or rationale for the recommended decision.
4. If permitted for the particular type of application in accordance with Section
10.3, Application-Specific Procedures, the advisory body may recommend
conditions of approval. Conditions of approval must relate in both type and
extent to the anticipated impacts of the proposed development.
5. Unless the hearing is deferred or subject to a continuance, the advisory
body shall take action as promptly as reasonably possible in consideration
of the applicant, affected parties, and citizens of the County.
6. In the case of a special use permit preliminary forum, no recommendation
shall be made to the Board of Commissioners. [05-03-2021]
10-4 New Hanover County, NC | Unified Development Ordinance
B. Revision of Application
Prior to the advisory body’s action on an application, the advisory body may continue
the public hearing to allow the applicant to make minor modifications to the
application that directly respond to specific requests or suggestions made by the
staff or the advisory body. In the case of a special use permit preliminary forum, such
minor modifications shall not require a continuance nor an additional preliminary
forum. [05-03-2021]
10.2.9. DECISION-MAKING BODY REVIEW AND ACTION
If an application is subject to a final decision by the Board of Commissioners or the
Board of Adjustment (see Table 10.1.1: Summary Table of Development Review
Responsibilities), such decision-making body shall review and act on the application
in accordance with the following procedures.
A. Review and Decision
1. The decision-making body shall conduct a public hearing on the
application in accordance with 10.2.7, Public Hearing and Preliminary
Form Procedures and shall consider the application, relevant support
materials, the staff report, any advisory body recommendation, and any
public comments made during the public hearing. Following the public
hearing, the body shall make one of the decisions authorized for the
particular type of application, based on the applicable review standards.
2. The decision-making body may remand the application to the appropriate
advisory body or County staff for further consideration of new information
or specified issues or concerns raised by the staff or the advisory body.
3. The decision-making body’s decision shall clearly state the factors
considered in making the recommendation and the basis or rationale for
the decision.
4. Unless deferred or subject to a continuance, the decision-making body
shall take action as promptly as reasonably possible in consideration of the
applicant, affected parties, and citizens of the County.
5. Any conditions of approval shall be expressly set forth in the approval, shall
relate in both type and scope to the anticipated impacts of the proposed
development, and shall be mutually agreed to in writing by both the
applicant and the decision-making body. [05-03-2021]
6. Any approval subject to conditions shall not take effect until the Planning
Director has received the applicant’s written consent to all conditions of
approval. [05-03-2021]
B. Revision of Application
Prior to the decision-making body’s action on an application, the decision-making
body may continue the public hearing on the application to allow the applicant to
make minor modifications to the application that directly respond to specific requests
or suggestions made by staff, the advisory body, as applicable, or the decision-
making body.
Unified Development Ordinance | New Hanover County, NC 10-5
10.2.10. POST-DECISION LIMITATIONS AND ACTIONS
A. Notification to Applicant
Within a reasonable time after a final decision on an application, the Planning
Director shall provide the applicant written notice of the decision or action and shall
make a copy of the decision available to the public in the offices of the Planning
Department during normal business hours. If the application is denied, the written
notice of the decision or action shall state the reason(s) for the denial.
B. Effect of Approval
1. Approval of an application in accordance with this Ordinance authorizes
only the particular use, plan, or other specific development or activity
approved, and not any other development or activity requiring separate
approval.
2. In the event one development approval or permit is a prerequisite to
another development approval or permit (e.g., variance approval prior to
site plan approval), development may not take place until all required
development approvals and permits are obtained. Approval of one
application does not necessarily guarantee approval of any subsequent
application.
C. Amendment of Approval
Unless otherwise provided in the specific procedure description in Section 10.3,
Application-Specific Procedures, an amendment of a permit or approval may only be
reviewed in accordance with the procedures and standards established for its
original approval.
D. Expiration of Approval
[05-03-2021]
1. Approval of an application shall be valid as authorized for the approved
development activity until the end of the expiration time period provided in
Section 10.3, Application-Specific Procedures, for the particular type of
application unless work authorized by the approval or permit has
substantially commenced, subject to subsection 4 below.
2. If no expiration period is provided in Section 10.3, Application-Specific
Procedures, for a specific type of approval or permit, the approval or permit
shall expire if a building permit or zoning compliance approval authorizing
the approved development is not obtained within two years unless work
authorized by the approval or permit has substantially commenced.
3. A change in ownership of the land shall not affect the established expiration
time period of an approval.
4. Failure to comply with the terms of an approval or permit, including any
conditions of approval, shall constitute a violation of this Ordinance (see
Article 12: Violations and Enforcement) and shall render the approval or
permit void and of no effect. No building permits for further construction or
certificates of occupancy under the approval or permit shall be permitted,
and all completed structures shall be regarded as nonconforming uses
subject to Article 11: Nonconforming Situations.
10-6 New Hanover County, NC | Unified Development Ordinance
E. Termination of Site-Specific Development Plans
1. Any site-specific development plan approved by the County pursuant to
this Ordinance shall terminate at the end of the applicable vesting period
with respect to buildings and uses for which no valid building permit
applications have been filed, unless work authorized by the approval or
permit has substantially commenced. [05-03-2021]
2. Site specific development plans may terminate with the written consent of
the affected landowner.
3. A site-specific development plan may be terminated following
recommendations by the Planning Board and upon findings by the Board
of County Commissioners, by ordinance after notice and public hearing,
that natural or manmade hazards on or in the immediate vicinity of the
property, if uncorrected would pose a serious threat to the public health,
safety, and welfare if the project were to proceed as contemplated in the
site-specific development plan.
4. A site-specific development plan may be terminated following
recommendations by the Planning Board and upon findings by the Board
of County Commissions, by ordinance after notice and public hearing, that
the landowner or his representative intentionally supplied inaccurate
information or made material misrepresentations which made a difference
in the approval by the approval authority of the site-specific development
plan.
5. A site-specific development plan may be terminated upon the enactment
or promulgation of a State or Federal law or regulation that precludes
development as contemplated in the site-specific development plan, in
which case the approval authority may modify the affected provisions, upon
a finding that the change in State or Federal law has a fundamental effect
on the plan, by ordinance after notice and a hearing.
6. A site-specific development plan may be terminated upon payment to the
affected landowner of compensation of all costs, expenses, and other
losses incurred by the landowner, but not limited to all fees paid in
consideration of financing, and all architectural, planning, marketing, legal,
and other consultant’s fees incurred after approval by the County, together
with interest thereon at the legal rate until paid. Compensation shall not
include any diminution in the value of the property which is caused by such
action.
F. Limitation on Subsequent Similar Applications
If an application requiring a public hearing is denied, no application proposing the
same or similar development on all or part of the same land shall be submitted within
one year after the date of the denial unless the Planning Director determines that:
1. There has been a substantial change in the circumstances relevant to the
issues or facts considered during review of the prior application that might
reasonably affect the action of the decision-making body;
2. New or additional information is available that was not available at the time
of review of the prior application that might reasonably affect the action of
the decision-making body;
Unified Development Ordinance | New Hanover County, NC 10-7
3. The new application proposed to be submitted is materially different from
the prior application; or
4. The final decision on the prior application was based on material mistake
of fact.
Section 10.3. Application-Specific Procedures
10.3.1. TEXT AMENDMENT
A. Applicability
The procedure in this section is required for any amendment of the text of this
Ordinance, unless the amendment is part of a conditional zoning (see Section
10.3.3), or a planned development (see Section 10.3.4).
B. Text Amendment Procedure
Figure 10.3.1.B summarizes the requirements and procedures in Section 10.2,
Standard Review Procedures, that apply to text amendments. Subsections 1 through
6 below, specify the required procedure for a text amendment, including applicable
additions or modifications to the standard review procedures.
Figure 10.3.1.B: Summary of Text Amendment Procedure
Public Hearing Procedures
(Optional)
Pre-Application
Conference
Community
Information Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Staff Report
3
Public Hearing
Scheduling &
Notification
4
Planning Board
Hearing &
Recom-
mendation
5
Board of
Commissioners
Hearing &
Decision
6
Post-Decision
Limitations and
Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance.
2. Staff Review and Action
The Planning Director shall review the application, prepare a staff report,
and provide a recommendation in accordance with Section 10.2.5, Staff
Review and Action.
3. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule public hearings and provide public
notification in accordance with Section 10.2.6, Public Hearing and
Preliminary Forum Scheduling and Public Notification.
10-8 New Hanover County, NC | Unified Development Ordinance
4. Advisory Body Review and Action
a. The Planning Board shall conduct a public hearing on the application
and make a recommendation on the application in accordance with
Section 10.2.8, Advisory Body Review and Action, and Section
10.3.1.C, Text Amendment Review Standards. The Planning Board’s
recommendation shall address whether the proposed amendment is
consistent with the Comprehensive Plan.
b. If the Planning Board’s decision is to recommend denial of the
application, the applicant must submit written notice to the Planning
Director of the applicant’s intent to proceed with a hearing before the
Board of Commissioners within 10 calendar days of the Planning
Board’s decision. If the applicant does not provide such notice within
that time period, the application shall be deemed withdrawn and no
further review of the application shall occur.
5. Board of Commissioners Review and Action
a. The Board of Commissioners shall conduct a public hearing on the
application and make a decision on the application in accordance with
Section 10.2.9, Decision-making Body Review and Action, and Section
10.3.1.C, Text Amendment Review Standards. The decision of the
Board of Commissioners shall be one of the following:
i. Adopt the text amendment as proposed;
ii. Adopt a revised text amendment;
iii. Deny the text amendment; or
iv. Remand the text amendment application to the Planning Board
for further consideration.
b. Prior to deciding to adopt or deny a text amendment, the Board of
Commissioners shall adopt a statement that:
1. Addresses the consistency of the amendment with the
Comprehensive Plan by either:
i. Describing the consistency or inconsistency of the amendment
with Comprehensive Plan; or
ii. If the amendment is approved, declaring that the approval is
also deemed an amendment to the Comprehensive Plan, and
providing an explanation of the change in conditions Board of
Commissioners took into account in approving the amendment
to meet the development needs of the community. No
additional request or application for amendment to the
Comprehensive Plan shall be required.
2. Explains why the decision is reasonable and in the public interest.
6. Post-Decision Limitations and Actions
a. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions apply.
Unified Development Ordinance | New Hanover County, NC 10-9
b. Approval of a text amendment authorizes the approved revisions to the
text of this Ordinance. Such approval does not itself authorize specific
development activity.
c. A text amendment shall not expire and shall remain valid unless and
until the revised text of this Ordinance is subsequently amended in
accordance with this section.
C. Text Amendment Review Standards
The advisability of amending the text of this Ordinance is a matter committed to the
legislative discretion of the Board of Commissioners and is not controlled by any one
factor. In determining whether to adopt or deny a proposed text amendment, the
Board of Commissioners may consider many factors, including but not limited to, the
proposed text amendment’s consistency with the Comprehensive Plan and whether
it is reasonable and in the public interest.
10.3.2. ZONING MAP AMENDMENT
A. Applicability
The procedure in this section is required for any amendment of the Official Zoning
Map, unless the amendment is part of a conditional zoning (see Section 10.3.3), or a
planned development (see Section 10.3.4). [05-03-2021]
B. Zoning Map Amendment Procedure
Figure 10.3.2.B summarizes the requirements and procedures in Section 10.2,
Standard Review Procedures, that apply to Zoning Map amendments. Subsections
1 through 6 below, specify the required procedure for a Zoning Map amendment,
including applicable additions or modifications to the standard review procedures.
Figure 10.3.2.B: Summary of Zoning Map Amendment Procedure
Public Hearing Procedures
(Optional)
Pre-Application Conference
(Optional)
Community Information Meeting
1
Application Submittal &
Acceptance
2
Planning Director Review
& Staff Report
3
Public Hearing Scheduling &
Notification
4
Planning Board Hearing &
Recom-
mendation
5
Board of Commissioners
Hearing &
Decision
6
Post-Decision Limitations and
Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance.
2. Staff Review and Action
The Planning Director shall review the application, prepare a staff report,
and provide a recommendation in accordance with Section 10.2.5, Staff
Review and Action.
10-10 New Hanover County, NC | Unified Development Ordinance
3. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule public hearings and provide public
notification in accordance with Section 10.2.6, Public Hearing and
Preliminary Forum Scheduling and Public Notification.
4. Planning Board Review and Action
a. The Planning Board shall conduct a public hearing on the application
and make a recommendation on the application in accordance with
Section 10.2.8, Advisory Body Review and Action, and Section
10.3.2.C, Zoning Map Amendment Review Standards. The Planning
Board’s recommendation shall address whether the proposed
amendment is consistent with the Comprehensive Plan.
b. If the Planning Board’s decision is to recommend denial of the
application, the applicant must submit written notice to the Planning
Director of the applicant’s intent to proceed with a hearing before the
Board of Commissioners within 10 calendar days of the Planning
Board’s decision. If the applicant does not provide such notice within
that time period, the application shall be deemed withdrawn and no
further review of the application shall occur.
5. Board of Commissioners Review and Action
a. If appropriate, the Board of Commissioners shall conduct a public
hearing on the application and make a decision in accordance with
Section 10.2.9, Decision-making Body Review and Action, and Section
10.3.2.C, Zoning Map Amendment Review Standards. The decision of
the Board of Commissioners shall be one of the following:
i. Approve the Zoning Map amendment as proposed;
ii. Approve the Zoning Map amendment with a reduction in the
area proposed to be rezoned, or to a more restrictive district,
with the applicant’s consent;
iii. Deny the Zoning Map amendment; or
iv. Remand the Zoning Map amendment application back to the
Planning Board for further consideration.
b. Prior to deciding to adopt or deny a Zoning Map amendment, the Board
of Commissioners shall adopt a statement that:
1. Addresses the consistency of the amendment with the
Comprehensive Plan by either:
i. Describing the consistency or inconsistency of the amendment
with the Comprehensive Plan; or
ii. If the amendment is approved, declaring that the approval is
also deemed an amendment to the Comprehensive Plan, and
providing an explanation of the change in conditions Board of
Commissioners took into account in approving the amendment
to meet the development needs of the community. No
Unified Development Ordinance | New Hanover County, NC 10-11
additional request or application for amendment to the
Comprehensive Plan shall be required.
2. Explains why the decision is reasonable and in the public interest.
This explanation may consider, among other factors,
i. The size, physical conditions, and other attributes of the area
proposed to be rezoned;
ii. The benefits and detriments to the landowners, the neighbors,
and the surrounding community;
iii. The relationship between the current actual and permissible
development on the tract and adjoining areas and the
development that would be permissible under the proposed
amendment;
iv. Why the action taken is in the public interest; and
v. Any changed conditions warranting the amendment.
c. Conditions of approval are not allowed.
6. Post-Decision Limitations and Actions
a. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions apply.
b. Approval of a Zoning Map amendment reclassifies the land that is
subject of the application to the approved zoning district
classification(s) and subjects it to the development regulations
applicable to the district(s). Such approval does not itself authorize
specific development activity.
c. A Zoning Map amendment shall not expire and shall remain valid
unless and until the land that was subject of the amendment is
subsequently reclassified to a different zoning district in accordance
with this section, Section 10.3.3, Conditional Zoning, or Section 10.3.4,
Master Planned Development.
C. Zoning Map Amendment Review Standards
The advisability of amending the Official Zoning Map is a matter committed to the
legislative discretion of the Board of Commissioners and is not controlled by any one
factor. In determining whether to adopt or deny a proposed Zoning Map amendment,
the Board of Commissioners may consider many factors, including but not limited to,
the proposed Zoning Map amendment’s consistency with the Comprehensive Plan
and whether it is reasonable and in the public interest.
10.3.3. CONDITIONAL ZONING
A. Purpose
The purpose of this section is to provide a uniform means for amending the Official
Zoning Map to establish a Conditional Zoning (CZ) district. In cases where the
standards of a general use zoning district are inadequate to ensure that development
allowed by the district will conform to the County’s adopted plans or to appropriately
address the impacts expected to be generated by development, an applicant may
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apply for a conditional zoning. Conditional zoning establishes a parallel CZ district
that is equivalent to a corresponding general use zoning district, but is subject to
additional conditions or restrictions that the applicant and County mutually agree are
necessary to ensure conformance to adopted plans and adequately address
expected development impacts.
B. Applicability
The procedure in this section is required for land to be classified to the Conditional
Zoning (CZ) District (see Section 3.6.5).
C. Conditional Zoning Procedure
Figure 10.3.3.C summarizes the requirements and procedures in Section 10.2,
Standard Review Procedures, that apply to conditional zonings. Subsections 1
through 7 below, specify the required procedure for a conditional zoning, including
applicable additions or modifications to the standard review procedures.
Figure 10.3.3.C: Summary of Conditional Zoning Procedure
Public Hearing Procedures
(Optional)
Pre-Application
Conference
1
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Hearing &
Recom-
mendation
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
1. Community Information Meeting
The applicant shall conduct a community information meeting in
accordance with Section 10.2.3, Community Information Meeting.
2. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance. The application shall include the
following, together will all other information required by the Administrative
Manual:
a. A conceptual development plan depicting the proposed development
configuration that conforms to the application requirements for
conditional zonings in the Administrative Manual; and
b. Any other conditions of approval proposed by the applicant.
3. Staff Review and Action
a. If requested by the applicant, the TRC shall review the application and
provide any comments on the proposed conditional zoning to the
Planning Director, who shall transmit any comments received from the
TRC in writing to the applicant.
Unified Development Ordinance | New Hanover County, NC 10-13
b. The Planning Director shall review the application, prepare a staff
report, and provide a recommendation in accordance with Section
10.2.5, Staff Review and Action.
4. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule public hearings and provide public
notification in accordance with Section 10.2.6, Public Hearing and
Preliminary Forum Scheduling and Public Notification. After the public
notice of scheduled hearing before the Planning Board is delivered to the
newspapers, the conditions of approval proposed by the applicant shall not
be amended so they are less restrictive, including but not limited to less
setback, more dwelling units, greater height, more access points, new
uses, or fewer improvements.
5. Planning Board Review and Action
a. The Planning Board shall conduct a public hearing on the application in
accordance with Section 10.2.8, Advisory Body Review and Action.
Planning Board members may propose additional conditions and
requirements beyond those proposed by the applicant.
b. After the public hearing on the application is concluded, the Planning
Board shall make a recommendation on the application in accordance
with Section 10.2.8, Advisory Body Review and Action, and Section
10.3.3.D, Conditional Zoning Review Standards. The Planning Board’s
recommendation shall address whether the proposed conditional
zoning is consistent with the Comprehensive Plan.
c. If the Planning Board’s decision is to recommend denial of the
application, the applicant must submit written notice to the Planning
Director of the applicant’s intent to proceed with a hearing before the
Board of Commissioners within 10 calendar days of the Planning
Board’s decision. If the applicant does not provide such notice within
that time period, the application shall deemed withdrawn and no further
review of the application shall occur.
6. Board of Commissioners Review and Action
a. The Board of Commissioners shall conduct a public hearing on the
application in accordance with Section 10.2.9, Decision-making Body
Review and Action. One or more Commissioners may propose
additional conditions or requirements beyond those proposed by the
applicant.
b. After the public hearing on the application is concluded, the Board of
Commissioners shall make a decision on the application in accordance
with Section 10.2.9, Decision-making Body Review and Action, and
Section 10.3.3.D, Conditional Zoning Review Standards. The decision
of the Board of Commissioners shall be one of the following:
i. Approve the application as submitted, subject to conditions of
approval, including a conceptual development plan;
ii. Approve the application, subject to revised conditions of
approval, including a conceptual development plan;
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iii. Remand the application to the Planning Board for further
consideration; or
iv. Deny the application.
c. Prior to deciding to approve or deny a conditional zoning, the Board of
Commissioners shall adopt a statement that:
1. Addresses the consistency of the conditional zoning with the
Comprehensive Plan by either:
i. Describing the consistency or inconsistency of the conditional
zoning with the Comprehensive Plan; or
ii. If the conditional zoning is approved, declaring that the
approval is also deemed an amendment to the Comprehensive
Plan, and providing an explanation of the change in conditions
Board of Commissioners took into account in approving the
conditional zoning to meet the development needs of the
community. No additional request or application for
amendment to the Comprehensive Plan shall be required.
2. Explains why the decision is reasonable and in the public interest.
d. Conditions of approval shall comply with the following requirements:
1. Only conditions of approval mutually agreed to in writing by both the
applicant and the Board of Commissioners are allowed. [05-03-2021]
2. Conditions of approval shall be limited to those that address the
conformance of the development and use of the site to the County
Code and to the Comprehensive Plan or other adopted County
plans, and those that address the impacts reasonably expected to
be generated by the development or use of the site.
3. Conditions that are less restrictive than the standards of the
corresponding general use zoning district, applicable overlay
district(s), or other standards of this Ordinance are prohibited.
7. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-decision
Limitations and Actions, apply, in addition to subsections a through c below.
a. Effect of Approval
Lands rezoned to a CZ district shall be subject to the standards
applicable to the parallel general use zoning district, as modified by the
more restrictive conditions approved by the applicant and imposed as
conditions of approval by the Planning Board or the Board of
Commissioners, as applicable. These standards and modifying
conditions are binding on the land as an amendment to this Ordinance
and the Zoning Map.
b. Minor Deviations
[05-03-2021, 10-03-2022]
Unified Development Ordinance | New Hanover County, NC 10-15
Subsequent applications for development within a conditional zoning
district may include minor modifications from the approved conceptual
site plan, provided such modifications do not result in a change in
permitted uses or density, specified conditions of approval, or otherwise
have no material effect on the character of the approved development.
Changes in the following constitute minor modifications that may be
approved by the Planning Director:
1. Modifications in building or structure placement, provided the
placement complies with the setbacks of the corresponding base
zoning, and does not decrease the setbacks agreed to by more than
10 percent from what was originally approved;
2. Modifications in the configuration of building(s), structure(s), or site
plan;
3. Increases to the square footage of a particular use category (e.g.,
residential, commercial) not to exceed 10 percent from what was
originally approved provided all other applicable standards of this
Ordinance are met;
4. Increases to building or structure height not to exceed 10 percent
or 10 feet from what was originally approved, whichever is less,
provided all other applicable standards of this Ordinance are met;
5. Modifications to structure floor plans;
6. Modifications to the driveway locations not exceeding 10 percent of
the length of the subject property line, or as required by the North
Carolina Department of Transportation; and
7. Modifications to the proportion of housing type not to exceed 10
percent from what was originally approved;
8. Modifications of internal circulation patterns not impacting public
safety.
c. Expiration
1. If no building permit has been issued for the subject tract within two
years after the date of approval of the conditional zoning, or if work
authorized by the approvals or permits associated with the
conditional zoning has not substantially commenced, the Planning
Director may, at the Planning Director’s discretion, schedule a
hearing for the Planning Board to consider whether active efforts
are proceeding in accordance with the approved conditional zoning.
If the Planning Board determines that such efforts are not
proceeding, the Board may, at the Board’s discretion, initiate a
Zoning Map amendment in accordance with Section 10.3.2, Zoning
Map Amendment, to rezone the land within the CZ district to its
classification prior to approval, or to another zoning district the
Board determines is appropriate. [05-03-2021]
2. A landowner may request, and the Planning Director may grant,
one, one-year extension of the two-year time period established in
subsection 1 above, if the Planning Director determines that site
10-16 New Hanover County, NC | Unified Development Ordinance
conditions have not substantially changed since the approval of the
conditional zoning. The applicant must submit the request in writing
prior to the expiration of the time period.
3. If site conditions have substantially changed since the approval of
the CZ district, a landowner may request, and the Board of
Commissioners may grant, at a regularly-scheduled public hearing,
one extension, not to exceed three years, of the two-year time
period established in subsection 1 above. The applicant must
submit the request in writing prior to the expiration of the time
period.
4. If any condition of approval of the CZ district is found to be illegal
by a court of law, the approval of the CZ district shall be null and
void, and the land within the district shall be rezoned to its
classification prior to the approval of the conditional zoning in
accordance with Section 10.3.2, Zoning Map Amendment.
5. If a violation of a condition of approval is not corrected within a
reasonable time period after notice is provided in accordance with
Article 12: Violations and Enforcement, the Planning Director may,
at the Planning Director’s discretion, submit an application to
rezone lands in the CZ district to their classification prior to approval
of the CZ district in accordance with Section 10.3.2, Zoning Map
Amendment.
D. Conditional Zoning Review Standards
Adopting a CZ district is a matter committed to the legislative discretion of the Board
of Commissioners. In determining whether to adopt or deny the proposed CZ district,
the Board of Commissioners shall consider the review standards that apply to Zoning
Map amendments in Section 10.3.2, Zoning Map Amendment.
10.3.4. MASTER PLANNED DEVELOPMENT
[09-08-2020]
A. Purpose
The purpose of this section is to provide a uniform means for amending the Official
Zoning Map to establish a master planned development district. A master planned
development (MPD) is a development under unified control with more flexible
standards and procedures that are conducive to creating a more mixed-use,
pedestrian-oriented development than could be achieved through general use
zoning district regulations.
B. Applicability
The procedure in this section is required for any amendment of the Official Zoning
Map that rezones land to a master planned development district, including the
UMXZ, RFMU, EDZD, or PD districts, or for major modifications to an already
approved master planned development district. Any modification to an approved
master planned development district that is not a minor deviation as set forth in
Section 10.3.4.C.8.b, Minor Deviations, is a major modification. [09-08-2020]
Unified Development Ordinance | New Hanover County, NC 10-17
C. Master Planned Development Procedure
Figure 10.3.4.C summarizes the requirements and procedures in Section 10.2,
Standard Review Procedures, that apply to master planned developments.
Subsections 1 through 8 below, specify the required procedure for a master planned
development, including applicable additions or modifications to the standard review
procedures.
Figure 10.3.4.C: Summary of Planned Development Procedure
Public Hearing Procedures
1
Pre-Application Conference
2
Community Information Meeting
3
Application Submittal & Acceptance
4
Planning Director Review & Staff Report
(TRC Optional)
5
Public Hearing Scheduling & Notification
6
Planning Board Hearing & Recom-
mendation
7
Board of Commissioners Hearing &
Decision
8
Post-Decision Limitations and Actions
1. Pre-Application Conference
A pre-application conference in accordance with Section 10.2.2, Pre-
Application Conference, is required.
2. Community Information Meeting
The applicant shall conduct a community information meeting in
accordance with Section 10.2.3, Community Information Meeting.
3. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance. In addition to all other application
requirements set forth in the Administrative Manual, the application shall
include the following:
a. An MPD Master Plan meeting the requirements of Section 3.3.3.A,
MPD Master Plan, depicting the general configuration and relationship
of the principal elements of the proposed development, including uses,
general building types, density/intensity, resource protection,
pedestrian and vehicular circulation, open space, public facilities, and
phasing;
b. An MPD Terms and Conditions document meeting the requirements of
Section 3.3.3.B, MPD Terms and Conditions Document, specifying
terms and conditions defining development parameters, providing for
environmental mitigation, and outlining how public facilities will be
provided to serve the master planned development; and
c. To ensure unified control, a copy of the title to all land that is part of the
proposed master planned development district or land that is affected
by a major modification to an existing master planned development
district.
10-18 New Hanover County, NC | Unified Development Ordinance
4. Staff Review and Action
a. If requested by the applicant, the TRC shall review the application and
provide any comments on the proposed master planned development
to the Planning Director, who shall transmit any comments received
from the TRC in writing to the applicant.
b. The Planning Director shall review the application, prepare a staff
report, and provide a recommendation in accordance with Section
10.2.5, Staff Review and Action. The Planning Director may
recommend revisions to the proposed MPD Master Plan and MPD
Terms and Conditions document.
c. If the proposed master planned development involves a rezoning to or
major modification of an EDZD District, the staff report shall address
each of the following:
1. The suitability of the proposal for the general type of function, the
physical characteristics of the land, and relation of the proposed
development to surrounding areas and existing and probable future
development;
2. The sufficiency of supporting evidence in the application showing
that the proposed location can meet the basic criteria for
exceptional design;
3. The relation to major roads and mass transit facilities, utilities, and
other facilities and services;
4. The adequacy of evidence of unified control and the suitability of
any proposed agreements, contracts, deed restrictions, sureties,
dedications, contributions, guarantees, or other instruments, or the
need for such instruments, or for amendments in those proposed;
5. The suitability of plans proposed or the suggestion of conditions;
and
6. The consistency with the Comprehensive Plan and other adopted
plans for development in the vicinity, and how the EDZD district
might be reasonable and in the public interest if approved.
5. Public Hearing Scheduling and Public Notification
The Planning Director shall schedule public hearings and provide public
notification in accordance with Section 10.2.6, Public Hearing and
Preliminary Forum Scheduling and Public Notification.
6. Planning Board Review and Action
a. The Planning Board shall conduct a public hearing on the application
and make a recommendation on the application in accordance with
Section 10.2.8, Advisory Body Review and Action, and Section
10.3.4.D, Master Planned Development Review Standards. The
Planning Board’s recommendation shall address whether the proposed
master planned development is consistent with the Comprehensive
Plan.
Unified Development Ordinance | New Hanover County, NC 10-19
b. If the Planning Board’s decision is to recommend denial of the
application, the applicant must submit written notice to the Planning
Director of the applicant’s intent to proceed with a hearing before the
Board of Commissioners within 10 calendar days of the Planning
Board’s decision. If the applicant does not provide such notice within
that time period, the application shall be deemed withdrawn and no
further review of the application shall occur.
7. Board of Commissioners Review and Action
a. If appropriate, the Board of Commissioners shall conduct a public
hearing on the application and make a decision on the application in
accordance with Section 10.2.9, Decision-making Body Review and
Action, and Section 10.3.4.D, Master Planned Development Review
Standards. The decision of the Board of Commissioners shall be one
of the following:
1. Approve the master planned development district subject to the
MPD Master Plan and MPD Terms and Conditions document in the
application;
2. Approve the master planned development district subject to
additional or revised conditions related to the MPD Master Plan or
MPD Terms and Conditions document;
3. Deny the master planned development district; or
4. Remand the master planned development application back to the
Planning Board for further consideration.
b. Prior to deciding to adopt or deny a master planned development, the
Board of Commissioners shall adopt a statement that:
1. Addresses the consistency of the master planned development with
the Comprehensive Plan by either:
i. Describing the consistency or inconsistency of the master
planned development with the Comprehensive Plan; or
ii. If the master planned development is approved, declaring that
the approval is also deemed an amendment to the
Comprehensive Plan, and providing an explanation of the
change in conditions Board of Commissioners took into
account in approving the master planned development to meet
the development needs of the community. No additional
request or application for amendment to the Comprehensive
Plan shall be required.
2. Explains why the decision is reasonable and in the public interest.
c. Only conditions of approval mutually agreed to in writing by both the
applicant and the Board of Commissioners are allowed. [05-03-2021]
8. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10 apply, in
addition to the provisions in subsections a through c below.
10-20 New Hanover County, NC | Unified Development Ordinance
a. Effect of Approval
1. Lands classified to master planned development district shall be
subject to the approved MPD Master Plan and MPD Terms and
Conditions document. Such approval does not itself authorize
specific development activity, but allows the property owner to
obtain subsequent development approvals and permits necessary
to implement the MPD Master Plan and MPD Terms and Conditions
document, in accordance with the applicable procedures and
standards set forth in this Ordinance. Subsequent development
approvals and permits shall comply with the MPD Master Plan and
MPD Terms and Conditions document.
2. Approval of an MPD Master Plan shall establish a vested right in
accordance with N.C.G.S. § 160D-108.1. [05-03-2021]
b. Minor Deviations
[05-03-2021, 10-03-2022]
Subsequent applications for development within a master planned
development district may include minor modifications from the
approved MPD Master Plan and MPD Terms and Conditions
document, provided such modifications do not result in a change in
permitted uses or density, specified conditions of approval, or otherwise
have no material effect on the character of the approved development.
Changes in the following constitute minor modifications that may be
approved by the Planning Director:
1. Modifications in building or structure placement, provided the
placement does not decrease approved setbacks by more than 10
percent from what was originally approved;
2. Modifications in the configuration of the building(s), structure(s), or
site plan;
3. Increases to the square footage of a particular use category (e.g.,
residential, commercial) not to exceed 10 percent from what was
originally approved provided all other applicable standards of this
Ordinance are met;
4. Increases to building or structure height not to exceed 10 percent
or 10 feet from what was originally approved, whichever is less,
provided all other applicable standards of this Ordinance are met;
5. Modifications to structure floor plans;
6. Modifications to the driveway locations not exceeding 10 percent of
the length of the subject property line, or as required by the North
Carolina Department of Transportation; and
7. Modifications to the proportion of housing type not to exceed 10
percent from what was originally approved; and
8. Modifications of internal circulation patterns not impacting public
safety.
Unified Development Ordinance | New Hanover County, NC 10-21
c. Expiration
1. If no building permit has been issued for the land approved as a
master planned development district within two years of the date of
approval, or if work authorized by the approvals or permits
associated with the master planned development has not
substantially commenced, the Planning Director may, at the
Planning Director’s discretion, schedule a hearing for the Planning
Board to consider whether active efforts are proceeding in
accordance with the approved master planned development. If the
Planning Board determines that such efforts are not proceeding, the
Board may, at the Board’s discretion, initiate a Zoning Map
amendment in accordance with Section 10.3.2, Zoning Map
Amendment, to rezone the master planned development district to
its classification prior to approval, or to another zoning district the
Board determines is appropriate. [05-03-2021]
2. A landowner may request, and the Planning Director may grant,
one, one-year extension of the two-year time period established in
subsection 1 above if the Planning Director determines that site
conditions have not substantially changed since the approval of the
master planned development district. The applicant must submit the
request in writing prior to the expiration of the time period.
3. If site conditions have substantially changed since the approval of
the master planned development district, a landowner may request
and the Board of Commissioners may grant, at a regularly-
scheduled public meeting, one extension not to exceed three years,
of the two-year time period established in subsection 1 above. The
applicant must submit the request in writing prior to the expiration
of the time period.
D. Master Planned Development Review Standards
The advisability of establishing a master planned development district is a matter
committed to the legislative discretion of the Board of Commissioners. In
determining whether to approve a proposed master planned development district,
the Board of Commissioners shall consider the review standards for Zoning Map
amendments in Section 10.3.2.C, Zoning Map Amendment Review Standards. The
Board of Commissioners shall not approve a master planned development district
unless it complies with the requirements in Section 3.3.3, General Requirements for
Mixed Use Zoning Districts, and the standards that apply to the specific master
planned development district set forth in Section 3.3, Mixed Use Zoning Districts.
10.3.5. SPECIAL USE PERMIT
A. Purpose
A use designated as a special use in Table 4.2.1: Principal Use Table, in a particular
zoning district, is a use that may be appropriate in the district, but because of its
nature, extent, and external impacts, requires special consideration of its location,
design, and methods of operation before it can be deemed appropriate in the district
and compatible with its surroundings. The purpose of this section is to establish a
10-22 New Hanover County, NC | Unified Development Ordinance
uniform mechanism for the review of special uses to ensure they are appropriate for
the location and zoning district where they are proposed.
B. Applicability
Approval of a special use permit in accordance with this this section is required
before development of any use identified as a special use in Table 4.2.1: Principal
Use Table.
C. Special Use Permit Procedure
Figure 10.3.5.C summarizes the requirements and procedures in Section 10.2,
Standard Review Procedures, that apply to special use permits. Subsections 1
through 7 below, specify the required procedure for a special use permit, including
applicable additions or modifications to the standard review procedures.
Figure 10.3.5.C: Summary of Special Use Permit Procedure
Public Hearing Procedures
(Optional)
Pre-Application
Conference
1*
Community
Information
Meeting
2
Application
Submittal &
Acceptance
3
Planning
Director Review
& Staff Report
(TRC Optional)
4
Public Hearing
Scheduling &
Notification
5
Planning Board
Preliminary
Forum*
6
Board of
Commissioners
Hearing &
Decision
7
Post-Decision
Limitations and
Actions
*Special use permits for single-family dwellings, including mobile homes, shall not require a Planning Board
preliminary forum prior to the Board of Commissioners Hearing & Decision. [05-03-2021]
1. Community Information Meeting
If the proposed use is classified as intensive industry, the applicant shall
conduct a community information meeting in accordance with Section
10.2.3, Community Information Meeting. In all other cases, the applicant
may conduct a community information meeting in accordance with Section
10.2.3 at the applicant’s option.
2. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance. The required completeness review
must be completed within five business days after the application submittal
date.
3. Staff Review and Action
[05-03-2021]
a. If requested by the applicant, the TRC shall review the application and
provide any comments on the proposed special use permit to the
Planning Director, who shall transmit any comments received from the
TRC in writing to the applicant.
b. In preparation for the Planning Board’s preliminary forum on the
application, the Planning Director shall review the application and
prepare a brief introduction.
Unified Development Ordinance | New Hanover County, NC 10-23
c. In preparation for the Board of Commissioners’ public hearing on the
application, the Planning Director shall prepare a staff report in
accordance with Section 10.2.5, Staff Review and Action, which the
Clerk to the Board of Commissioners shall publish in the agenda
package for the Board of Commissioners meeting for which the public
hearing on the application is scheduled. The staff report shall:
1. Summarize the special use permit request, the information and
materials provided in the application package, and preliminary
findings of fact; and
2. Address the review standards in Section 10.3.5.D, Special Use
Permit Review Standards, stating whether each standard is met or
identifying, in staff’s view, any additional information necessary for
the Board of Commissioners to be able to determine whether each
standard is met.
4. Public Hearing and Preliminary Forum Scheduling and Public
Notification
[05-03-2021]
The Planning Director shall schedule the preliminary forum and public
hearing and provide public notification for both meetings in accordance with
Section 10.2.6.
5. Planning Board Review and Action
[05-03-2021]
The Planning Board shall conduct a preliminary forum on the application
as a way to provide advisory review and recommendations to the applicant
and public on potential relevant and material evidence, findings of fact, and
issues or areas that the Board of Commissioners may need more
information on in order to reach a required conclusion. [05-03-2021]
6. Board of Commissioners Review and Action
a. The Board of Commissioners shall conduct a quasi-judicial public
hearing on the application and make a decision in accordance with
Section 10.2.9, Decision-making Body Review and Action, and Section
10.3.5.D, Special Use Permit Review Standards. The decision of the
Board of Commissioners shall be one of the following:
i. Approve the special use permit application as submitted;
ii. Approve the approve the special use permit application,
subject to conditions of approval; or
iii. Deny the planned development.
b. A motion to approve, approved with conditions, or deny the application
must include findings of fact and conclusions as to whether the
application complies with each of the required standards in Section
10.3.5.D, Special Use Permit Review Standards.
c. Subject to subsection d below, the Board of Commissioners may attach
conditions of approval, including time limits for completion of
development or for the start or end of certain uses or activities.
10-24 New Hanover County, NC | Unified Development Ordinance
Conditions of approval shall meet or exceed the minimum requirements
of this Ordinance. [05-03-2021]
d. Only conditions of approval mutually agreed to in writing by both the
applicant and the Board of Commissioners are allowed. [05-03-2021]
7. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-decision
Limitations and Actions, apply, except the limitation on subsequent
submittal of applications proposing the same or similar development if the
initial application is denied in Section 10.2.10.F, Limitation on Subsequent
Similar Applications, is not limited to one year but applies in perpetuity.
Additionally, the provisions in subsections a through c below, apply.
a. Appeal
A decision by the Board of Commissioners on a special use permit may
be appealed to the Superior Court of New Hanover County in
accordance with state law.
b. Minor Deviations
[05-03-2021, 10-03-2022]
Subsequent applications for development pursuant to an approved
special use permit may include minor modifications from the approved
special use permit, provided such modifications do not result in a
change in permitted uses or density, specified conditions of approval,
or otherwise have no material effect on the character of the approved
development. Changes in the following constitute minor modifications
that may be approved by the Planning Director:
1. Modifications in building or structure placement, provided the
placement complies with the setbacks of the corresponding base
zoning, and does not decrease approved setbacks by more than 10
percent from what was originally approved;
2. Modifications in the configuration of the building(s), structure(s), or
site plan;
3. Increases to the square footage of a particular use category (e.g.,
residential, commercial) not to exceed 10 percent from what was
originally approved provided all other applicable standards of this
Ordinance are met;
4. Increases to building or structure height not to exceed 10 percent
or 10 feet from what was originally approved, whichever is less,
provided all other applicable standards of this Ordinance are met;
5. Modifications to structure floor plans;
6. Modifications to the driveway locations not exceeding 10 percent of
the length of the subject property line, or as required by the North
Carolina Department of Transportation; and
7. Modifications to the proportion of housing type not to exceed 10
percent from what was originally approved;
Unified Development Ordinance | New Hanover County, NC 10-25
8. Modifications of internal circulation patterns not impacting public
safety.
c. Expiration
1. A special use permit shall automatically expire and become null and
void if the proposed use or work authorized by the approvals or
permits associated with the special use permit has not substantially
commenced within two years after the date of issuance, unless the
applicant submits a written request for an extension to the Planning
Director prior to the expiration, and the request is granted in
accordance with subsection 2 or 3 below. [05-03-2021]
2. A landowner may request, and the Planning Director may grant,
one, one-year extension of the two-year time period established in
subsection 1 above, if the Planning Director determines that site
conditions have not substantially changed since the approval of the
special use permit.
3. If site conditions have substantially changed since the approval of
the special use permit, a landowner may request, and the Board of
Commissioners may grant, at a regularly-scheduled public meeting,
one extension of the two-year time period established in subsection
1 above, of up to three years.
4. The total vesting period for extensions granted in accordance with
subsections 2 and 3 above shall not exceed five years.
D. Special Use Permit Review Standards
The Board of County Commissioners shall approve an application for a special use
permit only if it reaches each of the following conclusions based on findings of fact
supported by competent, substantial, and material evidence presented at the
hearing:
1. The use will not materially endanger the public health or safety if located
where proposed and approved;
2. The use meets all required conditions and specifications of this Ordinance;
3. The use will not substantially injure the value of adjoining or abutting
property, or the use is a public necessity; and
4. The location and character of the use if developed according to the plan as
submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the Comprehensive Land Use Plan
for New Hanover County.
10.3.6. SITE PLAN
A. Purpose
The purpose of this section is to provide a uniform mechanism to ensure the layout,
form, and general design of proposed development complies with all applicable
standards of this Ordinance and all other applicable County and state regulations.
10-26 New Hanover County, NC | Unified Development Ordinance
B. Applicability
1. Approval of a major or minor site plan in accordance with this section is
required prior to the issuance of a zoning compliance approval, building
permit, or certificate of occupancy for any development that is not
exempted by subsection 2 below.
2. The following types of development are exempt from the requirements of
this section:
a. Internal construction that does not:
1. Increase building height;
2. Increase the density or intensity of use; or
3. Require changes to parking or landscaping in accordance with
Section 5.1, Parking and Loading, and Section 5.4, Landscaping
and Buffering; and
b. Any change in use that does not result in additional parking or
landscaping in accordance with Section 5.1, Parking and Loading, and
Section 5.4, Landscaping and Buffering.
C. Major and Minor Site Plans Distinguished
There are two types of site plan review under this Ordinance: major site plan review
and minor site plan review.
1. Major Site Plans
Major site plans are reviewed by the TRC in accordance with Section
10.3.6.D, Major Site Plan Procedure. Major site plan review is required for
development that requires site plan review in accordance with Section
10.3.6.B, Applicability, and that
a. Increases impervious surface by more than 10,000 square feet; or
b. Includes more than 5,000 square feet of building gross floor area.
2. Minor Site Plans
Minor site plans are reviewed by the Planning Director in accordance with
Section 10.3.6.E, Minor Site Plan Procedure. Minor site plan review is
required for development that requires site plan review in accordance with
Section 10.3.6.B, Applicability, and that does not require major site plan
review in accordance with subsection 1 above.
D. Major Site Plan Procedure
Figure 10.3.6.D summarizes the requirements and procedures in Section 10.2,
Standard Review Procedures, that apply to a major site plan. Subsections 1 through
3 below, specify the required procedure for a major site plan, including applicable
additions or modifications to the standard review procedures.
Unified Development Ordinance | New Hanover County, NC 10-27
Figure 10.3.6.D: Summary of Major Site Plan Procedure
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
TRC Review &
Decision
Public Hearing Scheduling & Notification
Advisory Body Review & Action
Decision-Making Body Review & Action
3
Post-Decision
Limitations and
Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance.
2. Staff Review and Action
The TRC shall review the application and make a decision, in accordance
with Section 10.2.5, Staff Review and Action, and Section 10.3.6.F, Site
Plan Review Standards. The TRC’s decision shall be one of the following:
a. Approve the application as submitted;
b. Approve the application, subject to conditions of approval; or
c. Deny the application.
3. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-decision
Limitations and Actions, apply.
E. Minor Site Plan Procedure
Figure 10.3.6.E summarizes the requirements and procedures in Section 10.2,
Standard Review Procedures, that apply to minor site plans. Subsections 1 through
3 below, specify the required procedure for a minor site plan, including applicable
additions or modifications to the standard review procedures.
Figure 10.3.6.E: Summary of Minor Site Plan Procedure
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Decision (TRC Optional)
Public Hearing
Scheduling &
Notification
Advisory Body
Review & Action
Decision-
Making Body
Review & Action
3
Post-Decision
Limitations and
Actions
1. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance.
10-28 New Hanover County, NC | Unified Development Ordinance
2. Staff Review and Action
a. If requested by the applicant, the TRC shall review the application and
provide any comments on the minor site plan application to the
Planning Director, who shall transmit any comments received from the
TRC in writing to the applicant.
b. Following review by the TRC, as applicable, the Planning Director shall
review the application and make a decision in accordance with Section
10.2.5, Staff Review and Action, and Section 10.3.6.F, Site Plan
Review Standards. The Planning Director’s decision shall be one of the
following:
1. Approve the application as submitted;
2. Approve the application, subject to conditions of approval; or
3. Deny the application.
3. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-decision
Limitations and Actions, apply.
F. Site Plan Review Standards
The TRC or the Planning Director, as appropriate, shall approve a site plan
application only on finding that the applicant demonstrates there is competent,
substantial, and material evidence in the record that all of the following standards
are met:
1. The proposed development and uses in the site plan comply with Article 3:
Zoning Districts, and Article 1:
10-2 New Hanover County, NC | Unified Development Ordinance
Unified Development Ordinance | New Hanover County, NC 10-1
2. Uses and Use-Specific Standards;
3. The development proposed in the site plan and its general layout and
design comply with all the standards in Article 5: General Development
Standards, and Article 6: Subdivision Design and Improvement;
4. The development proposed in the site plan complies with all conditions of
approval in any development approval or permit to which the plan is
subject; and
5. The development proposed in the site plan complies with all other
applicable standards in this Ordinance and all other County regulations.
10.3.7. SUBDIVISION
A. Purpose
The purpose of this section is to provide a uniform mechanism for the approval of
divisions of land and to ensure that plats (subdivisions) promote the health, safety,
convenience, order, prosperity, and welfare of the present and future inhabitants of
the County by:
1. Providing for the orderly growth and development of the County;
2. Coordinating streets and roads within proposed plat with the County’s
street system and transportation plans, and with other public facilities;
3. Providing rights-of-way for streets and utility easements;
4. Avoiding congestion and overcrowding, and encouraging the proper
arrangement of streets in relation to existing or planned streets;
5. Ensuring there is adequate open space and recreation facilities to serve
development; and
6. Ensuring there is proper recordation of land ownership or property owner
association records, where applicable.
B. Applicability
1. Subdivision review and approval in accordance with the procedures and
standards in this section are required for any division of land within the
subdivision jurisdiction of the County, unless exempted in accordance with
subsection 2 below.
2. The following are excluded from the definition of subdivision under this
Ordinance and are not subject to the requirements of this section:
a. The combination or recombination of portions of previously subdivided
and recorded lots where the total number of lots is not increased and
the resultant lots are equal to or exceed the standards in Article 6:
Subdivision Design and Improvement;
b. The division of land into parcels greater than ten acres where no street
right-of-way dedication is involved;
c. The public acquisition by purchase, of strips of land for the widening or
opening of streets or for public transportation system corridors;
10-2 New Hanover County, NC | Unified Development Ordinance
d. The division of a tract in single ownership whose entire area is no
greater than two acres into not more than three lots, where no street
right-of-way dedication is involved and where the resultant lots are
equal to or exceed the standards of the County as shown in Article 6:
Subdivision Design and Improvement; and
e. The division of a tract into parcels in accordance with the terms of a
probated will or in accordance with intestate succession under Chapter
29 of the General Statutes.
3. The provisions of this section shall not prohibit any landowner or
landowner’s agent from entering into contracts to sell or lease by reference
to an approved preliminary plan in accordance with N.C.G.S. § 160D-807.
[05-03-2021]
C. Major and Minor Subdivisions Distinguished
There are two types of subdivision review under this Ordinance: major subdivision
review and minor subdivision plat review.
1. Major Subdivision
Major subdivision review and approval in accordance with Section
10.3.7.D, Major Subdivision Procedures and Standards, is required for all
subdivisions that are not reviewed as a minor subdivision plat in
accordance with subsection 2 below. Approval of a major subdivision
requires approval of a preliminary plan, construction plans, and one or
more final plats as set forth in subsection a through c below.
a. Approval of a preliminary plan in accordance with Section 10.3.7.D.1,
Preliminary Plan Procedure, is required prior to the submittal and
review of Construction Drawings (see Section 10.3.7.D.2) and the
submittal and review of final plat applications (see Section 10.3.7.D.3).
b. Approval of construction plans in accordance with Section 10.3.7.D.2,
Construction Plans Procedure, is required prior to the installation of any
required improvements and the submittal and review of final plat
applications (see Section 10.3.7.D.3). Subject to sewer availability,
building permits may be issued after approval of construction plans. No
land-disturbing activity or tree removal may begin on any site subject to
the provisions of this Ordinance until all required development
approvals and permits are issued.
c. Approval of a final plat in accordance with Section 10.3.7.D.3, Final Plat
Procedure, is required prior to recording the plat in the Office of the
Register of Deeds. The final plat shall be recorded in the Office of the
Register of Deeds prior to the sale or lease of land or buildings within
the subdivision.
2. Minor Subdivision Plat
Minor subdivision plat review and approval in accordance with Section
10.3.7.E, Minor Subdivision Plat Procedure and Standards, is required for
any subdivision:
Unified Development Ordinance | New Hanover County, NC 10-3
a. Involving not more than five lots, all of which front on an existing
approved street; and
b. Not involving any new streets or prospectively requiring any new street
for access to interior property; and
c. Not requiring drainage improvements or easements to serve the
applicant's property or interior properties.
D. Major Subdivision Procedures and Standards
1. Preliminary Plan Procedure
Figure 10.3.7.D.1 summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to preliminary plans.
Subsections a through c below, specify the required procedure for a
preliminary plan, including applicable additions or modifications to the
standard review procedures.
Figure 10.3.7.D.1: Summary of Preliminary Plan Procedure
(Optional)
Pre-Application Conference
(Optional)
Community Information Meeting
1
Application Submittal & Acceptance
2
TRC Review & Decision
Public Hearing
Scheduling &
Notification
Advisory Body
Review & Action
Decision-
Making Body
Review & Action
3
Post-Decision Limitations and Actions
a. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance. If the proposed subdivision will
generate more than 100 trips during the peak hour, a traffic impact
study must be submitted prior to approval of the application. The traffic
impact study shall be prepared in accordance with Standards and
Guidelines approved by the County. If a proposed major thoroughfare
runs through or is associated with the tract of land to be subdivided, a
sketch plan may be submitted for staff review prior to the submission of
an application for a preliminary plat.
b. Staff Review and Action
The TRC shall review the application, hear any comments from the
applicant or other interested persons at a meeting of the TRC, and
make a decision, in accordance with Section 10.2.5, Staff Review and
Action, and Section 10.3.7.D.4.a, Preliminary Plan Review Standards.
The TRC’s decision shall be one of the following:
1. Approve the application as submitted;
2. Approve the application, subject to conditions of approval; or
3. Require that the application be revised to address deficiencies in
complying with applicable development standards.
10-4 New Hanover County, NC | Unified Development Ordinance
All subdivisions which require an erosion and sedimentation plan
and/or require a Coastal Area Management Act (CAMA) major permit
must be reviewed by the North Carolina Division of Water Quality for
compliance with the Water Supply Watershed Projection Rules (15A
NCAC 28.022) and the Coastal Storm Water Rules (15A NCAC
2H.1000).
c. Post-Decision Limitations and Actions
1. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
2. If the application is not approved, the applicant may submit a
revised preliminary plan in accordance with the application
requirements in the Administrative Manual. Review of the revised
preliminary plan shall be in accordance with this section
(10.3.7.D.1).
3. If the application is approved, approval shall be noted on the plan.
One copy of the plan shall be transmitted to the applicant and
another copy shall be retained by the Planning Department.
4. Preliminary plan approval shall automatically expire and become
void if the subdivider does not submit a final plat for all or part of the
lands subject to the approved preliminary plan or if work authorized
by approvals or permits associated with the subdivision has not
substantially commenced within two years of the preliminary plan
approval date, unless an extension of time is granted in accordance
with subsection 5 below. [05-03-2021]
5. The TRC may grant up to two, one-year extensions of the time
period set forth in subsection 4 above, for good cause, if the
applicant submits a written request for an extension prior to the
expiration of the preliminary plan approval.
2. Construction Plans Procedure
Figure 10.3.7.D.2 summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to construction plans.
Subsections a through c below, specify the required procedure for
construction plans, including applicable additions or modifications to the
standard review procedures.
Figure 10.3.7.D.2: Summary of Construction Plans Procedure
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
TRC Review &
Decision
Public Hearing Scheduling & Notification
Advisory Body Review & Action
Decision-Making Body Review & Action
3
Post-Decision
Limitations and
Actions
Unified Development Ordinance | New Hanover County, NC 10-5
a. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.2,
Application Submittal and Acceptance, except applications shall be
submitted to the County Engineer, who shall make a determination of
completeness and perform other administrative duties pertaining to the
application.
b. Staff Review and Action
1. The TRC shall review the application and make a decision in
accordance with Section 10.2.5, Staff Review and Action, and
Section 10.3.7.D.4.b, Construction Plans Review Standards. The
TRC’s decision shall be one of the following:
i. Approve the application as submitted;
ii. Approve the application, subject to conditions of approval; or
iii. Deny the application.
2. If the application is approved, the County Engineer shall issue an
approval letter for the installation of the required improvements in
accordance with the approved plans and the design standards
specified in this Ordinance.
c. Post-Decision Limitations and Actions
1. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
2. The Planning Director, in conjunction with the appropriate agencies,
shall review and approve all required improvements prior to the final
plat being approved (see Section 10.3.7.D.4.c, Final Plat Review
Standards).
3. Final Plat Procedure
Figure 10.3.7.D.3 summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to final plats. Subsections a
through c below, specify the required procedure for a final plat, including
applicable additions or modifications to the standard review procedures.
Figure 10.3.7.D.3: Summary of Final Plat Procedure
(Optional)
Pre-Application Conference
(Optional)
Community Information Meeting
1
Application Submittal &
Acceptance
2
Planning Director Review
& Decision
Public Hearing
Scheduling &
Notification
Advisory Body
Review & Action
Decision-
Making Body
Review & Action
3
Post-Decision Limitations and
Actions
10-6 New Hanover County, NC | Unified Development Ordinance
a. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.2,
Application Submittal and Acceptance.
b. Staff Review and Action
The Planning Director shall review the application and make a decision
in accordance with Section 10.2.5, Staff Review and Action, and
Section 10.3.7.D.4.c, Final Plat Review Standards. The Planning
Director’s decision shall be one of the following:
1. Approve the application; or
2. Deny the application.
c. Post-Decision Limitations and Actions
1. The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply.
2. If the application is approved, the Planning Director shall indicate in
writing on the original tracing that the plat is approved. After the
affixing of all required signatures (except Certificate of Registration
by the Register of Deeds) the final plat shall be returned to the
applicant.
3. The applicant shall file an approved final plat with the Office of the
Register of Deeds for recording within 90 days of the date of its
approval by the Planning Director or such approval shall be void,
unless the Planning Director grants an extension of that time period
for good cause.
4. Major Subdivision Review Standards
a. Preliminary Plan Review Standards
The TRC shall approve a preliminary plan application only if a traffic
impact study is submitted in accordance with Section 10.3.7.D.1.a, and
only on finding that the proposed subdivision complies with the
applicable standards in Article 6: Subdivision Design and Improvement,
all other applicable standards of this Ordinance, and all other applicable
County and state laws and regulations.
b. Construction Plans Review Standards
The TRC shall approve construction plans on finding that the plans are
in substantial conformance with the approved preliminary plan and
comply with the applicable standards in Article 6: Subdivision Design
and Improvement, and all other applicable County and state laws and
regulations.
c. Final Plat Review Standards
The Planning Director shall approve a final plat application only on
finding the following:
Unified Development Ordinance | New Hanover County, NC 10-7
1. The final plat conforms substantially to the preliminary plan as it was
approved;
2. The final plat complies with the applicable standards in Article 6:
Subdivision Design and Improvement, and with all other applicable
County and state laws and regulations, including the provisions in
N.C.G.S. Section 47-30;
3. The final plat complies with the policies of New Hanover County in
regard to mapping; and
4. All required improvements have been installed in accordance with
the requirements of this Ordinance and any other applicable County
and state regulations, or a financial guarantee is provided for any
required improvements that are not installed in accordance with
Section 6.3.2, Guarantees of Improvements.
E. Minor Subdivision Plat Procedure and Standards
1. Minor Subdivision Plat Procedure
Figure 10.3.7.E.1 summarizes the requirements and procedures in Section
10.2, Standard Review Procedures, that apply to a minor subdivision plat.
Subsections a through c below, specify the required procedure for minor
subdivision plats, including applicable additions or modifications to the
standard review procedures.
Figure 10.3.7.E.1: Summary of Minor Subdivision Plat Procedure
(Optional)
Pre-Application
Conference
(Optional)
Community
Information
Meeting
1
Application
Submittal &
Acceptance
2
Planning
Director Review
& Decision
Public Hearing
Scheduling & Notification
Advisory Body
Review & Action
Decision-
Making Body Review & Action
3
Post-Decision
Limitations and
Actions
a. Application Submittal and Acceptance
Applications shall be submitted in accordance with Section 10.2.4,
Application Submittal and Acceptance. In addition to the other
application requirements set forth in the Administrative Manual, the
application shall include one original print of the plat, drawn in ink on
film or linen in a size suitable for recording.
b. Staff Review and Action
1. The Planning Director shall review the application and make a
decision in accordance with Section 10.2.5, Staff Review and
Action, and Section 10.3.7.E.2, Minor Subdivision Plat Standards.
The Planning Director’s decision shall be one of the following:
i. Approve the application; or
ii. Deny the application.
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2. If the Planning Director approves the application, the Planning
Director shall stamp the plat as an approved minor subdivision.
3. All subdivisions which require an erosion and sedimentation plan
and/or require a Coastal Area Management Act (CAMA) major
permit must be reviewed by the North Carolina Division of Water
Quality for compliance with the Water Supply Watershed Projection
Rules (15A NCAC 28.022) and the Coastal Storm Water Rules (15A
NCAC 2H.1000).
c. Post-Decision Limitations and Actions
The post-decision limitations and actions in Section 10.2.10, Post-
decision Limitations and Actions, apply. The applicant shall file an
approved final plat with the Office of the Register of Deeds for recording
after approval.
2. Minor Subdivision Plat Standards
The Planning Director shall approve a minor subdivision plat application
only on finding that the proposed subdivision complies with the applicable
standards in Article 6: Subdivision Design and Improvement, all other
applicable standards of this Ordinance, and all other applicable County and
state laws and regulations, including the provisions in N.C.G.S. § 47-30.
10.3.8. ZONING COMPLIANCE APPROVAL
A. Purpose
The purpose of zoning compliance approval is to provide a uniform mechanism to
ensure development complies with the requirements of this Ordinance, either in
conjunction with a building permit application or as a separate application if no
building permit is required.
B. Applicability
A zoning compliance approval is required for the following activities:
1. Establishment of a new use other than bona fide farms;
2. Erection, alteration, moving, or repair of any building or structure; and
3. Occupying or permitting