Article 5 - General Development Standards_Updated_05-01-2023
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.
5-40 New Hanover County, NC | Unified Development Ordinance
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
5-42 New Hanover County, NC | Unified Development Ordinance
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.
5-46 New Hanover County, NC | Unified Development Ordinance
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
5-48 New Hanover County, NC | Unified Development Ordinance
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.
5-50 New Hanover County, NC | Unified Development Ordinance
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).
5-52 New Hanover County, NC | Unified Development Ordinance
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
5-2 New Hanover County, NC | Unified Development Ordinance
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.
5-4 New Hanover County, NC | Unified Development Ordinance
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
5-10 New Hanover County, NC | Unified Development Ordinance
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]
5-12 New Hanover County, NC | Unified Development Ordinance
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
5-14 New Hanover County, NC | Unified Development Ordinance
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.