The URL can be used to link to this page

Home My WebLink AboutUnified Development Ordinance-1996Li Unified Development Ordinance 1 Wilmington/ New Hanover County December 9, 1996 �# W 4& _ .. iv, IM9VDt RY �F n RVA Contents Article 1/ General Provisions ......... ... . ........ ... ........ 1 Sec.101/ Title ...................... .. . ......................:...... Sec.102/ Authority ....................... .............. .:.... .. 1 1 Sec. 103/ Purpose and Intent ............... ....... ............................ 1. Sec.104/ Applicability ....................................... .................... Sec. 105/ Effective Date ............. ................ _ .....:.......... ... I 1 Sec. 106/ Effect of Unified Ordinance ....... ................... ..... ........ 1 Sec. 107/ Conflicting Provisions ................................................ Sec. 108/ Minimum Standards ........... _ ... . ......... ................... 2 Z Sec.109/ Transitional Provisions ........... ............... ............ ..... 2 Sec.110/ Severability .................. .... ................. ......... .. Article W Review and Decision -Making Bodies ..: .............. ......... 3 5 Sec. 201/ GoverringBody .......... .... .... ..................... ....... Sec. 202/ Planning Commission .........••. . 5 5 L1 �j Sec. 203/ Board of Adjustment ••••••••• ........................... •• . 5 Sec. 204/ Historic District Commission ... • ........... ........... ............ 5 Ll Article EW Development Review and Approval Procedures ..... ........ PP 7 Sec. 301/ General Requirements for All Applications ............... ............ 7 Sec. 302/ UDO Text Amendments . 9 Sec. 303/ Zoning Map Amendments'.., .......................... ................. 10 Sec.304/ Platting ................. ....... ....... .................. ..... 13 Sec. 305/ Planned Unit Developments .. . Sec. 306/ Special Use Permits •••••--••.•••• ••---•.••• •• •--••••• 19 23 Sec.307/ Site Plan Review ..................................................... 28 Sec. 308/ Building Permits ...................... ...........................: Sec. 309/ Certificates of Occupancy ........................................... 28 29 Sec.310/ Sign Permits........................................................ 29 Sec.311/ Variances .............. .................. ....... .......... Sec. 312/ Written Interpretations .......................... ... ..... 30 33 Sec. 313/ Appeals of Administrative Decisions ... ............. ...... 33 Article 1V/ Zoning Districts in General ........ ....... 37 Sec. 401/ Zoning Districts Established ........... . .................... .... 37 Sec. 402/ Zoning District Hierarchy ....... ..... ......... .......... ....... Sec. 403/ Official Zoning Map ..... ... .................... ... .. 37 38 (� Article V/ Base Zoning Districts ............................ ... ......... Sec.501/ General ........................... .......... .................. 39 39 LF Sec. 502/ RA, Rural Agricultural District ............. . ....................... 39 Sec. 503/ R-20S, Residential District ............................................. 39 Sec. 504/R-20, Residential District .•••-•.•••.••••••••.•.••••.•••••••••••-•• 40 Sec. 505/ R-15, Residential District . ••.• 40 Sec. 506/ R-10, Residential District ......................... .......... .. ... 41 j� .J Sec. 507/R-7, Residential District .:-•••••••••••:••••:••.•. .•..•••.•.•.•-.•••.41,� Sec. 508/ R-5, Residential District . •441, Sec. 509/ R-3, Residential (central city) District .................. ....... .... 4 N LJ Sec. 510/ MF-I , Multi -Family Residential (low density) District ..... ........ .. ' ' 43. ' Sec. 511/ MF-M, Multi -Family Residential (medium density) District . .. '.. ------------------------------------------------------------------------•-� n`'� .......... Wilmington/New Hanover County " �3 Unified Development Ordinance (December 6, 1996 Draft) i ;Ce�ients ....... ......... ..... . ....................................................................................•--.........--•--•-••-•Article V/ Base Zoning Districts Sec. 512/ MF-H, Multi -Family Residential (high density) District ...................... 43 Sec. 513/ MHP, Manufactured Housing Park District ................................ 44 �} Sec. 514/ O&I, Office and Institutional District .................................... 44 u i-; Sec. 515/ NB, Neighborhood Business District .................................... 45 - Sec. 516/ RB, Regional Business District .......................................... 45 (1 Sec. 517/ CS, Commercial Services District ....................................... 46 u i y� Sec. 518/ CBD Central Business District ........:....................:........... 46 Sec. 519/ LM, Light Manufacturing District ....................................... Sec. 520/ HM, Heavy Manufacturing District 47 47 • ....................... ..... ..... Article VI/ Overlay and Special Purpose Zoning Districts ................. Sec. 601/ General ......... ...... ... 49 49 Sec: 602/ C-O, Conditional Overlay District ....................................... 49 Sec. 603/ HD-R, Historic District (residential) ......... .......... .............. Sec.604/ HD, Historic District ................................................. 51 51 Sec. 605/ PUD, Planned Unit Development District .........................:...... 52 Sec. 606/ HD-O, Historic District (overlay) ....................................... .... • Sec. 607/ DW O, Dawson Wooster (corridor) Overlay District ....................... 54 55 Sec. 608/ WR-O, Wrightsville Avenue (corridor) Overlay District ..................... 58 Sec. 609/ COD, Conservation Overlay District .................................... 63 Sec. 610/ AR, Airport Residential District ........................................ 70 Sec. 611/ A-O, Airport Overlay District .......................................... 71 Sec. 612/ WSW O, Water Supply Watershed Overlay ............................... 77 Sec. 613/ WP, Wellhead Protection District ....................................... 78 Sec. 614/ WS, Watershed Protection District ....................................... * 78 Article VIO/ Use Regulations .................................................. ". 79 Sec.701/ Use Table.......................................................... 79 Sec. 702/ Use Standards ...... .................................................. 93 ' Sec.703/ Accessory Uses ........... ............. ........................... .... 115 120 j Sec. 704/ Temporary Uses .................................................... u Article VI W Zoning District Dimensional Standards ...................... Sec. 801/ Dimensional Standards Table (Residential Districts) ....................... 127 127 Sec. 802/ Dimensional Standards Table (Nonresidential Districts) ..................... 127 Sec. 803/ Measurements, Computations and Exemptions ........................... 129 132 Seca 804/ Performance Residential Development .................................. Article =1 Subdivision Design and Improvements ........ ........... . Sec.901/ General........................................................... Sec. 902/ Subdivision Names ..............." ........................ ....... . Sec.903/ Monuments....................................................... Sec.904/ Lots ....... .......:..:............................................. Sec.905/ Blocks ....:..............: ...... ..... Sec.906/ Easements......................................................... ;. Sec.907/ Grading........................................................... ' { Sec. 908/ Street Names and Signs .............................................. Sec.909/ Street Lights ....................................................... -� Sec. 910/ Entrance Signs and Lighting .."....................................... . 135 135 136 13 137 139 140 141 142 142 142 n .................... . ....... ................................................................................................................................................................................... Wilmington/New Hanover County %Decemt�er 6, 1996 Draft) Unified Development Ordinance contents ................. 4 ......... ........ 5e s*'i'g* 'n", iina* i * m** * p*'r* o**'v*'e ... m. ... e, Sec. 911/ Street Trees ....................... ............. Sec. 912/ Fire Hydrants .................. .................................... 142 143 Sec. 913/ Water ............... ............................................. 143 Sec. 914/ Sewer ............................................................... 144 Sec. 915/ Transit Facilities ..................................................... Sec. 916/ Alleys ............................................................ 144 144 Sec. 917/ Sidewalks, Trails and Bikeways ......................................... 144 Sec. 918/ Drainage ..................................................... ....... Sec. 919/ Recreation and Open Space ............................................ 145 146 Sec. 920/ Buffer Strips ....................................................... 151 Sec. 921/ Barrier Islands .................................................... -,J52 Sec. 922/ Intersections ................................... I ..................... 152 Sec. 923/ Streets and Transportation Facilities ...... .............................. 153 Sec. 924/ Financial Guarantees ......................... o ...................... Sec. 925/ Property Owners' Associations ..... I .................................... 159 161 Article X/ General Development Standards ............................... Sec. 1001/ Off -Street Parking and Loading ....................................... 163 163 Sec. 1002/ Landscaping and Buffering ............................................ 181 Sec. 1003/ Frontage on Streets ................................................ Sec. 1004/ Driveways and Roadway Access ....................................... 191 192 Sec. 1005/ Fences and Walls ..................... I ............................. 194 Sec. 1006/ Intersection Visibility .......................... - ...................... 194 Sec. 1007/ Drop-Off/Pick-up Areas ............................................ 195 ................ Sec. *1008/ Number of Principal Uses and Structures per Lot ......... 195 Sec. 1009/ Traditional Neighborhood Development ............................... 196 Sec. 1010/ Residential Compatibility Standards ....................................... Sec. 1011/ Principal Roadway Area (PRA) Standards .................... ...... 196 196 Article XI/ Environmental Regulations ................... ...... 197 Sec. 1101/ General ............................................................ 197 Sec. 1102/ Soil Erosion and Sedimentation Control ................................ 197 Article 3W Signs ........................................... .................. 211 Sec. 1201/ General ........................................... ...... 211 Sec. 1202/ Prohibited Signs ....... Sec. 1203 / Signs Not Requiring Permits ......................... ................... 213 214 Sec. 1204/ Maintenance ....................................................... 214 Sec. 1205/ Abandoned Signs ........................................ I .......... Sec. 1206/ Sign Measurements ................................................ -214 215 Sec. 1207/ Lighting .......................................................... 215 Sec. 1208/ On -Premise Sign Regulations (by Zoning District) ........................ Sec. 1209/ Temporary and Special Event Signage .................................. 215 229 Sec. 1210/ Construction Specifications ............................................ 231 Sec. 1211 / Outdoor Advertising Signs .......................................... 231 V6 Article X1W Nonconformities ............................................... Sec. 1301/ General ......................................................... . Sec. 1302/ Nonconforming Uses ...........................................235 ............................................................................... ............................................ ........... Wilmington/New Hanover County ................................ Unified Development Ordinance (December 6,1996 Draft) iii Contents .................................................................................................................................................................................. Article XIII/Signs Sec. 1303/ Nonconforming Lots ............................................... 237 Sec. 1304/ Nonconforming Structures .......................................... 238 Sec. 1305/ Nonconforming Signs .............................................. 239 Sec. 1306/ Nonconformities Created by Public Action ..............:.............. 241 Article XIV/ Enforcement and Penalties .......................:........... 243 Sec. 1401/ Responsibility for Enforcement ....................................... 243 Sec. 1402/ Types of Violations ................................................ 243 Sec. 1403/ Remedies and Enforcement Powers ................................... 244 Sec. 1404/ Remedies Cumulative ............................................... 245 Sec. 1405/ Enforcement Procedures ............................................ 245 Sec. 1406/ Other Enforcement Matters ......................................... 246 Article XV/ Definitions.................................................:..... 247 Sec. 1501/ Rules of Construction .............................................. 247 Sec. 1502/ Words and Terms Defined .......................................... 248 Wilmington/New Hanover County IV (December 6, 1996 Draft) Unified Development Ordinance n Article I/ General Provisions Ll Sec. 101/ Title The official name of this Ordinance is the "Unified Development Ordinance of the City Wilmington and New Hanover County, North Carolina." It may be cited as the "Unified Development Ordinance" or [� Sec. 102/ Authority The provisions of this UDO are adopted under authority granted by the General Assembly of North Carolina. (General Statutes Chapter 153A-340-348 and Chapter 160A, Article 19) Sec. 103/ Purpose and Intent 103.1 Purpose The regulations of this UDO are adopted for the following purposes: 1. to lessen congestion in the streets; 2. to secure safety from fire, panic, and other dangers; 3. to promote the public health and the general welfare; 4. to provide adequate light and air, 5. to prevent the overcrowding of land; 6. to avoid undue congestion of population; 7. to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public improvements; 8. to conserve the value of buildings and property; and 9. to encourage the most appropriate use of land throughout the community. 103-2 Intent The regulations of this UDO are intended to be consistent with and implement the Wilmington Nero Hanover Land Use Plan. Sec. 104/ Applicability The provisions of the UDO shall apply to the development of all structures and land within unincorporated New Hanover County and the corporate limits of the City of Wilmington. No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved; or structurally altered except in conformity with all of the applicable regulations of this UDO. It shall be unlawful to conduct any development or construct any structure until (1) all applicable development review and approval processes have been followed; (2) all applicable approvals have been obtained; and (3) all required permits or authorizations to proceed have been issued. The UDO shall not, however, regulate, restrict or prohibit any bona fide farm or any use directly related to a bona fide farm. Sec. 105/ Effective Date This UDO shall take effect and be in full force in unincorporated New Hanover County and the City of Wilmington beginning ?[INSERT EFFECTIVE DATE]. _ Sec. 106/ Effect of Unified Ordinance Although it is the intent of the City and County to adopt and maintain this UDO in substantially identical form it shall where appropriate, be considered the individual enactment of the Cityof > Wilmington or New Hanover County, as applicable. If either jurisdiction fails to adopt it, or if one e1q.he < , A other amends or repeals it, the UDO shall remain valid, as enacted, within the other jurisdiction: -\Ztz,r ........................................................................................................................................................•.«... ?....y............ Wilmington/New Hanover County <.; Unified Development Ordinance (December 6, 1996 Draft) 1 1 Article 1/General Provisions .................................................................................................................. Sec. 107/ Conflicting Provisions ........................................................ Sec. 107/Conflicting Provisions a 107-1 Conflicts with Other Ordinances and Regulations When the provisions of this UDO are inconsistent with one another or when the provisions of this UDO conflict with provisions found in other adopted ordinances or regulations, the more restrictive provision shall govern. 107-2 Conflicts with Private Agreements The regulations of this UDO are not intended to abrogate, annul or otherwise interfere with any easement, covenant or any other private agreement or legal relationship, provided that when the provisions of this UDO impose a greater restriction than imposed by such private agreement, the provisions of this UDO shall control. Sec. 108/ Minimum Standards The provisions of this UDO shall be considered the minimum requirements necessary for the promotion of the public health, safety or general welfare. Sec. 108/ Transitional Provisions ?FORTHCOMING These provisions will explain the rights of development approved under previous (existing) ordinances. They will address how the following transitional issues will be handled under the UDO: 109-1 Violations under previous ordinances 108-2 Nonconformitiez and amortization periods under previous ordinances 109-3 Development applications in process on [INSERT EFrECTIVE DATE] 1094 Development approved (but not constructed) under previous ordinances 109-5 Zoning District Name Conversions The following zoning district names, in effect in the City or County before ?[INSERT EFFECTIVE DATE], are hereby converted, as follows: Previous:DistrictName: DistriciNameUnderThisUDO -..: Base oning Districts R-15S R-15 R-10S R-10 CB NB B-1 RB B-2 CS " Al LM I-1 LM I-2 HM Overlay and Special Purpose Zoning Districts SD IC-0 CD I C-O 2 1 (December 6, 1996 Draft) ............................................................................... Wilmington/New Hanover County Unified Development Ordinance u a 0 0 n a 0 0 I Article 1/General Provisions ................................................................................. .............................................. Sec. 110/Severability Sec. 110/ Severability If any court of competent jurisdiction declares any part of this UDO to be invalid that ruling shall not affect any other provisions of the UDO not specifically included in that ruling. If any court of competent jurisdiction declares that the application of this UDO to a particular property or structure is invalid, that ruling shall not affect the application of those regulations to any other property or structure. ............................................................................................................ Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draft) 3 4 , (December 6, 1996 Draft) ............................................................................................................ Wilmington/New Hanover County Unified Development Ordinance D Article II/ Review and Decision -Making Bodies [Note: As proposed in the Outline, this article will set out the powers and duties of various entities involved in the UDO's land development review and approval processes. The article will be completed after we reaching agreement on roles, responsibilities and names of the various review and decision - making bodies] Sec. 201/ Governing Body Sec. 202/ Planning Commission Sec. 203/ Board of Adjustment Sec. 204/ Historic District Commission Other officials... FORTHCOMING iJ U •••••••••••••......................................•••••.............••••••••••••......••••••......•••••••.............................................. .v,.... o<�`� Y••---..... Wilmington/New Hanover County ,;u> ..3 y Unified Development Ordinance .(December 6, 1996 Draffj 5 6 1(December 6, 1996 Draft) ............................................................................... Wilmington/New Hanover County Unified Development Ordinance Article III/ Development Review and Approval Procedures Sec. 301/ General Requirements for All Applications The following general requirements shall apply to all applications under this UDO. 301-1 Authority to File Applications Unless otherwise specifically stated, applications for development review and approval under this UDO shall be filed by the person having legal authority to take action in accordance with the approval sought. That person is presumed to be the record owner, purchaser under a sale from the record owner, or the duly authorized agent of the record owner in the absence of satisfactory proof to the contrary. The Planning Commission or the Governing Body may initiate any action under this UDO with or without an application from the property owner. 301-2 Applications Applications required under this article shall be submitted in a form and in such numbers as required by the department head responsible for accepting the application. Applications shall be accompanied by a nonrefundable fee established by Governing Body. Applications shall be reviewed for completeness within five days of filing. If the department head determines that the application is complete, the application shall then be processed. If the department head determines that the application is incomplete or that it is not accompanied by the required fee, the application shall be returned to the applicant as incomplete and no further processing of the application shall occur until the deficiencies are corrected. Fees shall not be required with applications initiated by the Planning Commission or Governing Body. 301-3 Notices The general requirements and limitations of this section shall apply to all notices required by this article. The actual type of notice required for a given application is specified under the relevant review procedure of this article. A. Written Notice When the provisions of this UDO require that written notice be provided, the [INSERT OFFICIAL] shall be responsible for mailing such written notice to all property owners whose property immediately adjoins the subject property, based on ownership information obtained from the New Hanover County Register of Deeds. Written notices shall indicate the time and place of the public hearing and provide a general description of the application. The timing of the mailed notice shall be as indicated in the respective sections of this article. B. Posted Notice When the provisions of this UDO require that notice be posted on the subject property, the [INSERT OFFICIAL] shall be responsible for posting such notice on weatherproof signs and placing such signs on the property that is the subject of the application. Required signs shall be placed on the subject property in locations that are clearly visible to neighboring residents and passersby. Posted signs shall indicate the time and place of the public hearing and provide a general description of the application. The timing of the mailed notice shall be as indicated in the respective sections of this article. ........................................ . Wilmington/New Hanover County Unified Development Ordinance .................................................._S .• }tom• ,`.:.......... .Y. •Yx .i08:z �\tv (December 6, 1996 Draffj 7 Article 111/Development Review and Approval Procedures • ................................... .... .... .....•............... Sec. 301/General Requirements C. Newspaper Notice When the provisions of this UDO require that notice be published in the newspaper, the [INSERT OFFICIAL] shall be responsible for ensuring that such notice is published in a newspaper of general circulation with the City and County. The published notice shall indicate the time and place of the public hearing and provide a general description of the application. The timing of publication shall be as indicated in the respective sections of this article. D. Constructive Notice Minor technical deviations from specified notice requirements shall not be deemed to impair notice where there is actual notice. When required written notices have been properly addressed and deposited in the mail, failure of a party to receive such notice shall not invalidate any subsequent action. In all cases, however, the requirements for the timing of the notice and for specifying the time, date and place of a hearing and the general location of the subject property shall be strictly construed. In the event that questions arise at the hearing regarding the adequacy of notice, the body hearing the matter shall make a formal finding regarding whether there was substantial compliance with the notice requirements of this article. 301-4 Action by Review and Decision -Making Bodies Review and Decision -making bodies may take any action on an application that is consistent with the notice given, including, but not limited to, approving such application, approving the application with conditions or denying the application. The final decision -making body may impose conditions on the application or allow amendments to the application if the effect of the conditions or amendments is to allow a less intensive use or zoning district than indicated in the application or to reduce the impact of the development or to reduce the amount of land area included in the application. Decision -making bodies may not approve an application for a greater density of development, a more intensive use, a more intensive zoning district, reduced setbacks, more dwelling units, greater height, more access points or fewer improvements than indicated in the notice. 301-5 Inaction By Review and Decision -Making Bodies A. When a review body fails to take action on an application within any required time - frame, such inaction shall be deemed a recommendation for approval of the application. B. When a decision -making body fails to take action on an application, such inaction shall be deemed a denial of the application, unless the applicant requests or agrees to an extension of the time -frame. 301-6 Continuation of Public Hearings A public hearing for which proper notice was given may continued to a later date without again complying with the notice requirements of this article, provided that the continuance is set for a date and time certain and the date and time is announced at the :¢a public hearing. ay�.r R: Ly'w .p Wilmington/New Hanover County 0 I 0 0 I 1� 0 I J 7 8 (December 6, 1996 Draft) . Unified Development Ordinance .Article III/Development Review and. Approval Procedures Sec. 302/UDO Text Amendments Sec. 302/ UDO Text Amendments This section sets out the required review and approval procedures for UDO text amendments. tttJJJ 302-1 Initiation of Amendment n Amendments to the text of dus UDO may be proposed by the Governing Body, Planning LJ Commission, Board of Adjustment, or any other interested party. (1 302-2 Form, Content and Timing of Application A complete application for a UDO text amendment shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL], along with a Q nonrefundable fee that has been established by the Governing Body. No application shall be processed until the application is complete and the required fee has been paid. Applications must be filed with the [INSERT OFFICIAL] at least 20 days before the Planning Commission hearing at which the application is to be considered. 302-3 [INSERT OFFICIAL] Review and Recommendation The [INSERT OFFICIAL] shall review each proposed UDO text amendment and offer a report on the anticipated effect of the amendment to the Planning Commission. 3024 Planning Commission Review and Recommendation The Planning Commission shall hold a public hearing on the proposed UDO text amendment and, at the close of the public hearing, make a recommendation to the Governing Body of approval or denial. A. Effect of Recommendation for Approval If the Planning Commission recommends approval of the UDO text amendment, that recommendation shall be forwarded to the Governing Body for review and action along with copies of the petition voted upon by the Planning Commission and the findings and analysis leading to the Planning Commission's recommendation. QB. Effect of Recommendation for Denial If the Planning Commission recommends denial of the UDO text amendment no further action will be taken unless the Planning Commission's recommendation is appealed C. Effect of No Recommendation If the Planning Commission has not made a recommendation within 30 days of the public hearing, the petitioners may elect to have their petition or application forwarded to the Governing Body for action without a Planning Commission recommendation. 302-5 Appeal of Planning Commissions Recommendation Appeals of the Planning Commission's recommendation on UDO text amendments may be taken to the Governing Body by filing a written, signed letter of appeal with the [INSERT OFFICIAL] within 10 days of the public hearing at which the recommendation was made. All such appeals shall be heard by the Governing Body in a public hearing.%: Prior to the'Goveming Body's public hearing, copies of the petition voted upon by the:`"'k Planning Commission and the findings and analysis leading to the Planning Commissn's recommendation shall be forwarded to the Governing Body. .............................................................................. .- ......... ; ............ Wilmington/New Hanover County #`}� Unified Development Ordinance (December 6, 1996 Draft) 9 0 Article III/Development Review and Approval Procedures ... .................................................................................. Sec. 302/UDO Text Amendments 302-6 Governing Body Review and Action The Governing Body shall hold a public hearing on UDO text amendments whenever the Planning Commission recommends approval and whenever the Planning Commission's recommendation of denial is appealed. At the close of the public hearing, the Governing Body shall act to approve or deny the UDO text amendment. In acting upon such amendments, the Governing Body shall consider the Planning Commission's recommendation and the following considerations: A. Whether the amendment is consistent with the intent and purpose of this UDO; U B. Whether the amendment would adversely affect the public health, safety, or general welfare; C. The areas that are most likely to be directly affected by the amendment and the ways a in which they will be affected; and D. Whether the proposed amendment is made necessary because of changed or changing social values, new planning concepts or other social or economic conditions in the areas affected. 302-7 Notice of Public Hearings Notice of public hearings on UDO text amendments shall be provided in accordance with the standards of this subsection. A. Planning Commission Hearing Us notice of PC hearing required?] B. Governing Body Hearing U Notice of the Governing Body's public hearing on a UDO text amendment shall be published in a newspaper of general circulation within the City and County at least once each week for the two calendar weeks preceding the date of the public hearing. The first publication of such notice shall be made no less than 10 days nor more than 25 days prior to the public hearing. Newspaper notice shall comply with the standards of Sec. 301-3. 302-8 joint Planning Commission/Governing Body Hearings In lieu of separate consideration and dual hearings, the Planning Commission and Governing Body may review proposed UDO text amendments in a joint hearing conducted in compliance with the requirements of this section. 302-8 Appeal of Governing Body's Final Action A cause of action regarding the validity of this UDO or UDO amendment shall be brought within 9 months, as in General Statutes §1-54.1 and §160A-364.1. provided Sec. 303/ Zoning Map Amendments This section sets out the required review and approval procedures for zoning map amendments. 303-1 Initiation of Amendment > a Amendments to the official zoning map may be proposed by the Governing Body, Q 11 < Planning Commission, Board of Adjustment, or any other interested party. .. �,. Y`-�Ny .�[�`. -................................................................................................................................................................ Wilmington/New Hanover County 10 (December 6, 1996 Draft) Unified Development Ordinance ....... Article III/Development Review and Approval Procedures ----- .... ............... Q Sec. 303rZoning Map Amendments 303-2 Form, Content and Timing of Application A complete application for a zoning map amendment shall be submitted to the (INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL], along with a nonrefundable fee that has been established by the Governing Body. No application shall be processed until the application is complete and the required fee has been paid. Applications must be filed with the [INSERT OFFICIAL] at least 20 days before the Planning Commission hearing at which the application is to be considered. 303-3 ' [INSERT OFFICIAL] Review and Recommendation The [INSERT OFFICIAL] shall review each proposed zoning map amendment and offer n a report on the anticipated effect of the amendment to the Planning Commission. U303-4 Planning Commission Review and Recommendation Q The Planning Commission shall hold a public hearing on the proposed zoning map amendment and, at the close of the public hearing, make a recommendation to the Governing Body of approval or denial. A. Effect of Recommendation for Approval If the Planning Commission recommends approval of the zoning map amendment, that recommendation shall be forwarded to the Governing Body for review and action along with copies of the petition voted upon by the Planning Commission and the findings and analysis leading to the Planning Commission's recommendation. B. Effect of Recommendation for Denial If the Planning Commission recommends denial of the zoning map amendment no further action will be taken unless the Planning Commission's recommendation is appealed C. Effect of No Recommendation If the Planning Commission has not made a recommendation within 30 days of the public hearing, the petitioners may elect to have their petition or application forwarded to the Governing Body for action without a Planning Commission recommendation. 303.5 Appeal of Planning Commissions Recommendation Q Appeals of the Planning Commission's recommendation on zoning map amendments may be taken to the Governing Body by filing a written, signed letter of appeal with the [INSERT OFFICIAL] within 10 days of the public hearing at which the recommendation. was made. All such appeals shall be heard by the Governing Body in a public hearing. Prior to the Governing Body's public hearing, copies of the petition voted upon by the Planning Commission and the findings and analysis leading to the Planning Commission's recommendation shall be forwarded to the Governing Body. 303-6 Governing Body Review and Action The Governing Body shall hold a public hearing on zoning map amendments whenever flthe Planning Commission recommends approval and whenever the Planning 1<! .f Commission's recommendation of denial is appealed. At the close of the public hearing ,'-nr the Governing Body shall act to approve or deny the zoning map amendment. In actry upon such amendments, the Governing Body shall consider the Planning Commi-Sign guy. ------------------------------------------------------------------------------------------------------------------------------------------------------- -- -> :. :. f............ Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draft) 11 Article 111/Development.Review.and Approval Procedures ......................................................................... Sec. 303/Zoning Map Amendments U U recommendation and the following considerations: A. Whether or not the requested zoning change is justified by a change in conditions since the original zoning map was adopted or by an error in the original zoning map; B. The precedents, and the possible effects of such precedents, that might result from approval or denial of the petition; C. The ability of the City, County or other government agencies to provide any services, facilities, or programs that might be required if the petition were approved; D. The effect of approval on the condition or value of property in the vicinity; u E. The consistency of the application with adopted policies of the jurisdiction; and F. The zoning and land use recommended by the Wilmington New HanomrI and Use n Plan. ju[ 303-7 Protest Petitions The protest provisions of this subsection apply only to zoning map amendments within the City of Wilmington. A. In accordance with G.S. §160A-385, if a protest by written petition against a zoning map amendment, signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or of those adjacent thereto, is presented as provided by law, such amendment shall not become effective except by favorable vote of/+ of all members of the Governing Body. Such protest shall contain the r..J signature and address of each protesting property owner, and the location of property owned by each protestor shall be shown on a map attached to the written petition. B. In accordance with G.S. §160A-386,_all protest petitions must have been received by the city clerk in sufficient time to allow the city at least two work days (excluding Saturdays, Sundays and legal holidays) before the date established for a public hearing on the proposed change or amendment to determine the sufficiency and accuracy of U the petition. For purposes of this subsection, two days shall mean at least 48 hours prior to the date of the hearing. The hours prior to the time of the hearing on the scheduled date of the hearing shall not be added to the requisite 48 hours to Q determine if such protest petition has been filed on time. "Legal holidays" shall mean all those days set forth in G.S. 5103-4 and shall also include all approved state, County or city holidays since some of the required public records to determine the D sufficiency of a petition may be unavailable for inspection due to office closings on these days. To be considered, a petition shall be complete in all respects at the time of filing and no additions, corrections, revisions or other amendments shall be allowed subsequent to the filing deadline. The filing deadline shall be the designated time at least 48 hours prior to the properly advertised date of the first scheduled public hearing and any tabling, continuance, postponement or other delay does not extend to the filing deadline. 303-8 Notice of Public Hearings A. Written Notice Al. The [INSERT OFFICIAL] shall provide written notice, by first class mail, to all n <;- owners of the subject property and all owners of property immediately adjoining the subject property. Written notices shall be mailed at least 10 days before the first scheduled public hearing on the zoning map amendment. Written notice shall comply o r..a............................................................................................................................................................. Wilmington/New Hanover County 12 V (December 6, 1996 Draft) Unified Development Ordinance (� I I I I n . . .. .... ..... ... .. Article III/Development Review and Approval Procedures .... ......................... ................... Sec: 303Roning Map Amendments with the standards of Sec. 301-3. B. Posted Notice The [INSERT OFFICIAL] shall post notice on the subject property at least 10 days before the first scheduled public hearing on the zoning map amendment. Posted notice shall comply with the standards of Sec. 301-3. C. Newspaper Notice Notice of the Governing Body's public hearing on zoning map amendments shall be published in a newspaper of general circulation within the City and County at least once each week for the two calendar weeks preceding the date of the public hearing. The first publication of such notice shall be made no less than 10 days nor more than 25 days prior to the public hearing. Newspaper notice shall comply with the standards of Sec. 301-3. 303-9 Joint Planning Commission/Governing Body Hearings In lieu of separate consideration and dual hearings, the Planning Commission and Governing Body may review proposed zoning map amendments in a joint hearing conducted in compliance with the requirements of this section. 303-10 Appeal of Governing Body's Final Action A cause of action as to the validity of this UDO or amendment thereto shall be brought within nine months, as provided in General Statutes §1-54.1 and §160A-364.1, as amended. 303-11 Limit on Successive Applications If the Governing Body denies an application for a zoning map amendment, an application for the same or more intensive zoning district on any portion of the subject tract shall not be refiled for six months from the date of the Governing Body's public hearing on the amendment. Sec. 304/ Platting fl Platting is the act of "subdividing" land. The platting procedures of this section shall apply to the creation of all subdivisions, as the term "subdivision" is defined in this UDO. 304-1 Minor Subdivisions The expedited review and approval procedures of this subsection shall apply to "Minor Subdivisions," as that term is defined in this UDO. I A. Wilmington/New Hanover County Unified Development Ordinance Application A complete application for Minor Subdivision Plat approval shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL] along with a nonrefundable fee that has been established to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. h �A� µ. .x y'. (December 6, 1996 Draff) 13 Article III/Development Review and Approval Procedures ..............................----- .... ........---------.......... Sec. 304/Platting B. Review and Action —[INSERT OFFICIAL] After receipt of a complete application, the [INSERT OFFICIAL] shall review the Minor Subdivision Plat to determine if it complies with the. standards of Article IX, and the other applicable requirements of this UDO. The [INSERT OFFICIAL] shall act to approve or deny the application for Minor Subdivision Plat approval within 14 (� days of the date.that the application was received. (� C. Posted Notice The [INSERT OFFICIAL] shall post notice on the subject property at least 5 days before taking action to approve or deny the Minor Subdivision Plat. Posted notice shall comply with the standards of Sec. 301-3. 0 D. ` Effect of Approval . . When the subdivider has met all conditions for approval of the Minor Subdivision Plat and the Plat has been approved by the [INSERT OFFICIAL], it shall be forwarded to the [INSERT OFFICIAL] for his signature, after which the Minor Subdivision Plat shall be recorded in the New Hanover County Registry. 0 E. Appeals Decisions of the [INSERT OFFICIAL] or the [INSERT OFFICIAL] relating to Minor Subdivision Plats shall be appealed to the [INSERT OFFICIAL]. D 304-2 Major Subdivisions The procedures of this subsection shall apply to all "Major Subdivisions," as that tern is (� defined in this UDO. U A. Preapplication Conference Before submitting a Preliminary Plat for a proposed subdivision, the applicant shall U confer with the [INSERT OFFICIAL] to discuss the proposal and applicable regulations. The purpose of the required Preapplication Conference is for the (� applicant to become familiar with applicable subdivision procedures and standards. U Prior to or as part of the Preapplication Conference, the applicant may submit a Sketch Plan of the proposed subdivision. If the applicant submits a Sketch Plan, the Plan shall be reviewed by the [INSERT OFFICIAL] and other administrative a officials. Following their review, the reviewing officials shall confer with the applicant to discuss any matters that will assist the applicant in preparing a Preliminary Plat. No review fee shall be required for Preapplication Conferences or Sketch Plans. B. Preliminary Plata 1. Application 'u! A complete application for Preliminary Plat approval shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL] along l.! with a nonrefundable fee that has been established to defray the cost of 11 processing the application. Applications shall be submitted at least 30 days A. before the regular meeting date of the [INSERT OFFICIAL]. No application 11 shall be processed until the application is complete and the required fee has been �v ,41paid. %- s' .<:`•,. �P-m. .................................................................................................................................•--------------------------- " Wilmington/New Hanover County Q14 (December 6, 1996 Draft) Unified Development Ordinance I I 0 I I a 0 0 7 Article III/Development Review and Approval Procedures ................................................. .... . --- .........--•-...... Sec. 304/Platting 2. Review and Report —[INSERT OFFICIAL] The [INSERT OFFICIAL] shall prepare a staff report that reviews the application in light of the Wilmington New Hanover and Use Plan, the standards of Article IX and the other applicable requirements of this UDO. The [INSERT OFFICIAL] shall provide a copy of the report to the [INSERT OFFICIAL] and the applicant. 3. Review and Action —[INSERT OFFICIAL] The [INSERT OFFICIAL] shall review the Preliminary Plat to determine if it complies with the standards of Article IX and the other applicable requirements of this UDO. If the [INSERT OFFICIAL] determines that the Preliminary Plat does not comply with applicable standards, the [INSERT OFFICIAL] shall , require that modifications be made to bring the Preliminary Plat into compliance with such regulations and standards. After consideration of the application, the [INSERT OFFICIAL] shall act to approve, approve with modifications or deny the application for Preliminary Plat approval. 4. Notices a. Written Notice The [INSERT OFFICIAL] shall provide written notice, by first class mail, to all owners of the subject property and all owners of property immediately adjoining the subject property. Written notices shall be mailed at least 15 days before the scheduled meeting date at which the Preliminary Plat application will be considered. Written notice shall comply with the standards of Sec. 301-3. b. Posted Notice The [INSERT OFFICIAL] shall post notice on the subject property at least 15 days before the meeting date at which the Preliminary Plat application will be considered. Posted notice shall comply with the standards of Sec. 301-3. c. Newspaper Notice Notice of the [INSERT OFFICIAL]'s meeting on Preliminary Plat applications shall be published in a newspaper of general circulation within the City and County at least once each week for the two calendar weeks preceding the meeting date at which the Preliminary Plat application will be considered. The first publication of such notice shall be made no less than 10 days nor more than 25 days prior to the meeting date at which the Preliminary Plat application will be considered. Newspaper notice shall comply with the standards of Sec. 301-3. 5. Effect of Approval Approval of the Preliminary Plat shall constitute acceptance of the overall general planning concepts for the subdivision and is a prerequisite for the filing \'A of a Final Plat. After approval of the Preliminary Plat the applicant may proceedn�, with the preparation of Construction Plans and submit the proposed Final for review and approval. <.,v .. . SY. Wilmington/New Hanover County ' aUnified Development Ordinance (December 6, 1996 Draft) 15 I Article III/Development Review and Aperoval Procedures ................................... .... .... ...---............. of V. ; -4i e v ..................................... Sec.304/Platting D S. Lapse of Approval If no Final Plat of a subdivision for which Preliminary Plat approval has been given is submitted within 18 months of the date of Preliminary Plat approval, or such longer period as the [INSERT OFFICIAL] may allow, a resubmittal and review of the Preliminary Plat shall be required. 304-3 Construction Plans After approval of the Preliminary Plat and prior to submittal of the Final Plat application, the subdivider shall work directly with the [INSERT OFFICIAL] in the preparation and final design of Construction Plans for the installation of the improvements required by Article IX. The subdivider shall concurrently secure a Sedimentation and Erosion Control Permit from the [INSERT OFFICIAL]. Upon satisfactory completion of the Construction Plans, the [INSERT OFFICIAL] shall issue a construction permit for the installation of required improvements in accordance with the approved Preliminary Plan and the improvement and design standards of Article IX. Unless a financial guarantee is offered in accordance with Sec. 924, installation of all required improvements must be approved by the [INSERT OFFICIAL] prior to the submission of a Final Plat. 304-4 Final Plats A. Improvements or Financial Guarantees Prior to approval of a Final Plat, the developer shall install all required public improvements or post a financial guarantee of performance, in accordance with Sec. 924. B. Application Prior to the expiration date of the Preliminary Plat, a complete application for Final Plat approval, including a Final Plat signed by the applicant, shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL] along with a nonrefundable fee that has been established to defray the cost of processing the application. Applications shall be submitted at least 30 days before the regular meeting date of the [INSERT OFFICIAL]. No application shall be processed until the application is complete and the required fee has been paid. C. Review and Report —[INSERT OFFICIAL] The [INSERT OFFICIAL] shall prepare a report that reviews the Final Plaes compliance with the approved Preliminary Plat, the standards of Article IX, and the other applicable requirements of this UDO. The [INSERT OFFICIAL] shall provide a copy of the report to the [INSERT OFFICIAL] and the applicant. D. Review and Action —[INSERT OFFICIAL] The [INSERT OFFICIAL] shall review the Final Plat to determine if it conforms to the approved Preliminary Plan, the standards of Article IX, and the other applicable requirements of this UDO. If the [INSERT OFFICIAL] determines that the Final Plat does not comply with the approved Preliminary Plat or other applicable standards, the [INSERT OFFICIAL] shall require that modifications be made to bring the Final Plat into compliance. After consideration of the application, the [INSERT OFFICIAL] shall act to approve or deny of the application for Final Plat approval. Approval of a Final Plat shall not, in and of itself, constitute acceptance of 16 (December 6, 1996 Draft) 1 ilk I I C I III I 0 I ............................................................................. Wilmington/New Hanover County Unified Development Ordinance U . .. Article III/Development Review and A ....................................... ..------.....--.... a Sec.304/Platting public improvements. Such acceptance will.require separate, formal action of the Governing Body. 1. Notices a. Written Notice The [INSERT OFFICIAL] shall provide written notice, by first class mail, Q to all owners of the subject property and all owners of property immediately adjoining the subject property. Written notices shall be mailed at least 15 days before the scheduled meeting date at which the Final Plat application a will be considered. Written notice shall comply with the standards of Sec. 301-3. b. Posted Notice �] The [INSERT OFFICIAL] shall post notice on the subject property at least 15 days before the meeting date at which the Final Plat application will be considered. Posted notice shall comply with the standards of Sec. 301-3. Dc. Newspaper Notice Notice of the [INSERT OFFICIAL]'s meeting on Final Plat applications shall be published in a newspaper of general circulation within the City and County at least once each week for the two calendar weeks preceding the meeting date at which the Final Plat application will be considered. The first publication of such notice shall be made no less than 10 days nor more than 25 days prior to the meeting date at which the Final Plat application will be considered. Newspaper notice shall comply with the standards of Sec. 301- (� 3. u E. Failure to Act Failure on the part of the [INSERT OFFICIAL] to act on a complete Final Plat application within the period of two regular meetings after submittal of a complete Final Plat application shall be deemed approval by the [INSERT OFFICIAL], unless athis time period is extended by consent of the [INSERT OFFICIAL] and applicant. F. Effect of Approval n Within 90 days of the date of Final Plat approval, the subdivider shall authorize 4L Jj recording of the approved Final Plat in the New Hanover County Register of Deeds. 304-5 Official Acceptance of Improvements A. Criteria for Acceptance Pursuant to G.S. 160A-374 the Governing Body, by resolution, may accept the D dedication of all lands and facilities for streets, parks, public utilities or other public purposes that have been approved by the [INSERT OFFICIAL] for public dedication. The Governing Body shall not accept the dedication of such lands and a facilities until it determines, based upon recommendation of the [INSERT a OFFICIAL], that. a 10. All lands and facilities have been properly dedicated through recorded plOs ' ; deeds, or deeds of ......... easements; �} .................................................................,,% ----••y};----------- Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draft) 17 Article III/Development Review and Approval Procedures ........................ .... .... ...........-- ............................................... Sec.304/Platting 0 11.• All lands and facilities meet all applicable standards and have been inspected and approved by the [INSERT OFFICIAL] affected departments; 12. The subdivider has requested that the lands and facilities be accepted as public; and 13. The subdivider has provided a valuation of all lands and facilities to be dedicated to the public. B. Terms and Conditions of Acceptance The acceptance of any lands and facilities through resolution of the Governing Body shall be subject to the following terms and conditions: 1. The subdivision shall guarantee all materials and workmanship for a period of 18 months from the date of official acceptance by the Governing Body; 2. The acceptance by the Governing Body shall not be interpreted in any way to relieve any developer, contractor, subcontractor, insurance company, owner, or other person of his individual or several obligations under any ordinance, policy, or contract or to otherwise reduce or eliminate the rights of the City or County, its agents and employees against any other party connected with or in any way related to the development of the subdivision and facilities. The acceptance shall not be interpreted as a waiver of any defense or immunities which the City or County, its agencies or employees may assert or be entitled to; 3. All rights, privileges and warranties of whatsoever nature and kind, for equipment, supplies, materials, goods, and services shall be assigned to the City or County and any and all benefits derived therefrom shall inure to the City or County, its agents, and employees. The acceptance of the lands and facilities shall be conditioned upon the owners covenanting and warranting that they are lawfully seized and possessed of all the lands and facilities dedicated to the public; that they have good and lawful authority to dedicate the same to the public for the stated purpose; that the lands and facilities are free and clear of any deed of trust, mortgage, lien or assessments and that the dedicators for their heirs, successors, executors, administrators, and assigns, covenant that they will warrant and defend the dedication of such land and facilities against any and all claims and demands whatsoever, 4. Acceptance of dedication of lands and facilities shall not obligate the City or County to construct, install, maintain, repair, replace, extend, improve, build or operate any public facilities or utilities which are not in existence as of the date of the acceptance of the lands and facilities. Such acceptance shall not obligate the City or County to construct any main, line, pipe, lateral, or other extension or permit connection to the City or County's water, sanitary sewer, storm sewer, drainage or other public utilities systems. 304-6 Appeals of Decisions on Major plats A. Standing to Appeal Decisions of the [INSERT OFFICIAL] may be appealed by the following persons: sp ° 5. 6. ... 7. f - --------------- Y The Governing Body The subdivider Persons recorded in the [INSERT OFFICIAL] minutes as participants in public hearings on the matter. 18 1 (December 6, 1996 Draft) I fil I I I I I I 0 ...................................................................................... Wilmington/New Hanover County Unified Development Ordinance 0 n 0 I I hi I .. ........ Article III/Development Review and Approval Procedures ........... ..... .... ............... Sec. 304/Platting 8. Persons who, upon request to the Governing Body, receive a favorable majority vote as to the question of their proven significant interest in the matter. B. Procedure 1. Timing and Notices An appeal from a decision of the [INSERT OFFICIAL] shall be to the Governing Body, provided written notice of appeal is filed with the [INSERT OFFICIAL] within 20 days of the date of action by the [INSERT OFFICIAL]. The party or parties appealing shall be entitled to a de novo hearing before the Governing Body. The [INSERT OFFICIAL] shall notify the persons who are parties to the [INSERT OFFICIAL] of the appeal upon receipt of the notice of appeal. When a notice of appeal has been filed with the [INSERT OFFICIAL], the appeal may not be withdrawn except upon approval of the Governing Body. The appeal shall be set for hearing before the Governing Body within 30 days of receipt of written notice of appeal or as soon thereafter as is practicable. C. Appeals of Governing Body's Decision The decision of the Governing Body shall be subject to review by the Superior Court of New Hanover County. In order to obtain judicial review of a final decision by the Governing Body, the person seeking review must file a petition in the Superior Court of New Hanover County within 30 days of the final decision of the Governing Body. Failure to file such petition within the time stated shall operate as a waiver of the right of such person to review, except that for good cause shown, the judge of the Superior Court may issue an order permitting a review of the decision of the Governing Body under this section, notwithstanding such waiver. D. Effect of Appeal An appeal from any final decision as authorized by this section shall stay all further proceedings of the action appealed from, unless a certificate is filed by the appellee with the appellate body stating that by reason of facts, a stay would cause peril to life or property. Where said certificate is filed by the appellee, further proceedings of the original decision or approval shall not be stayed, other than by a restraining order which may be granted by a court of competent jurisdiction. Sec. 305/ Planned Unit Developments 305-1 Description and Overview A. A "planned unit development" (PUD) is a type of overlay zoning district and a type of development plan. PUD zoning districts are inextricably linked to PUD plans. No rights of development (other than those of the underlying zoning district) apply to a PUD zoning designation other than those the corresponding, approved PUD plan. B. A PUD shall be processed in three stages: Master Land Use Plan; Rezoning to PUD district and Final Plan. Master Land Use Plans and Rezonings may be processed h 1141 concurrently, provided that no rezoning to the PUD district may occur until appravf r of a PUD Master Land Use Plan. ........................................................................................................................................................ . '?..._...... Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draft) 19 I Article III/Development Review and Approval Procedures .................................... --- ......---........................----........----------........................ Sec. 305/Planned Unit Developments 1. The PUD Master Land Use Plan application is reviewed with respect to such issues as density, including the number, type, and location of dwelling units and other uses; impacts on surrounding areas; and the adequacy of facilities and services. The result of this review is the establishment of the basic parameters for development of the PUD. PUD Master Land Use Plan approval establishes the maximum development "envelope" with regard to density, lot sizes, overall scale, open space, environmental protection, and other land development and service provision issues. 2. After approval of a PUD Master Land Use Plan, a zoning map amendment for PUD zoning may be approved. 3. The PUD Final Plan is the document upon which building permits and other applicable approvals are issued. The PUD Final Plan review stage is the point at which developers bring forward detailed plans for carrying out the type of project conceptually approved during PUD Concept Plan review. The applicant must submit the detailed and technical information necessary to demonstrate that all applicable standards, requirements, and conditions have been met. 305-2 PUD Master Land Use Plan A. Preapplication Conference Before submitting a PUD Master Land Use Plan, the applicant shall confer with the [INSERT OFFICIAL] and other officials designated by the [INSERT OFFICIAL]. The purpose of this preapplication conference is to discuss the proposal and the applicable development review and approval procedures. 1. Purpose of PUD Master Land Use Plan A PUD Master Land Use Plan is a generalized land use plan for the entire area proposed to be included within a PUD. The purpose of a PUD Master Land Use Plan is to allow early review of a proposed PUD before substantial technical planning work has been undertaken. B. Application A complete application for PUD Master Land Use Plan approval shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL] along with a nonrefundable fee that has been established to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. C. Review and Report —[INSERT OFFICIAL] The [INSERT OFFICIAL] shall prepare a staff report that reviews the PUD Master Land Use Plan application in light of the PUD zoning standards of Sec. ? and all other applicable development standards and planning policies. The [INSERT OFFICIAL] shall provide a copy of the report to the Planning Commission and the applicant. 20 (December 6, 1996 Draft) I III LI I i I 0 I 1 1 I � I� 1] ............................................................................. J Wilmington/New Hanover County Unified Development Ordinance U 11� �] Article III/Development Review.and.Approval Procedures Sec. 305/Planned Unit Developments D. Review and Action —Planning Commission Q The Planning Commission shall hold a public hearing on the PUD Master Land Use. At the close of the public hearing, the Planning Commission shall recommend approval or denial of the PUD Master Land Use Plan application and transmit a awritten summary of its action and proceedings to the Governing Body. E. Review and Action —Governing Body After the close of the Planning Commission public hearing, the Governing Body shall hold a public hearing on the PUD Master Land Use Plan application. After the close of the hearing, the Governing Body shall act to approve, approve with conditions or deny the proposed plan. If the Governing Body acts to approve the PUD Master Land Use Plan, it shall establish required time -frames for development of the entire PUD and its individual phases, if any. F. Notice of Public Hearings 1. Written Notice The [INSERT OFFICIAL] shall provide written notice, by first class mail, to all owners of the subject property and all owners of property immediately adjoining the property included in the PUD. Written notices shall be mailed at least 10 days before the first scheduled public hearing on the PUD Master Land Use Plan. Written notice shall comply with the standards of Sec. 301-3. D 2. Posted Notice The [INSERT OFFICIAL] shall post notice on the subject property at least 10 days before the first scheduled public hearing on the PUD Master Land Use aPlan. Posted notice shall comply with the standards of Sec. 301-3. 3. Newspaper Notice Notice of the Governing Body's public hearing on PUD Master Land Use Plans shall be published in a newspaper of general circulation within the City and County at least once each week for the two calendar weeks preceding the date of the public hearing. The first publication of such notice shall be made no less than 10 days nor more than 25 days prior to the public hearing. Newspaper notice shall comply with the standards of Sec. 301-3. G. PUD Master Land Use Plan Review Criteria Applications for PUD Master Land Use Plan approval shall be approved if the following criteria are met 1. The plan represents an improvement over what could have been accomplished P eP P P through strict application of otherwise applicable base zoning district standards, abased on the purpose and intent of this UDO; 2. The PUD Master Land Use Plan is in conformance with the PUD district standards of Sec. 605. 3. The existing or proposed utility services are adequate for the proposed development, . ;., 4 v.4. 4. The development is consistent with and implements the planning goals and .1, x; .v �4 objectives contained in the Comprehensive Plan and other adopted poli,``'„, ...... ................................................ .H ..... .. ............. Wilmington/New Hanover County fiw"�`' { Unified Development Ordinance (December 6, 1996 Draft) 21 0 Article 111/Development.Review and Approval Procedures ..............................•--.. ...................... ........•.... Sec. 305/Planned Unit Developments documents; and 5. The PUD Master Land Use Plan is consistent with sound planning practice and the development will promote the general welfare of the community. IL Effect of PUD Master Land Use Plan Approval Approval of a PUD Master Land Use Plan shall constitute acceptance of the overall general planning concepts for the proposed PUD development and is a prerequisite for the approval of a PUD zoning classification. L Lapse of PUD Master Land Use Plan Approval An approved PUD Master Land Use Plan shall lapse and be of no further force and effect if a PUD Final Plan for the PUD (or a phase of the PUD) has not been approved within two years of the date of approval of the PUD Master Land Use Plan. In the event of such lapse, the PUD zoning classification shall be of no effect, and the property shall be developed solely in accordance with the underlying zoning classification. The [INSERT OFFICIAL] shall initiate action to simultaneously rezone the PUD district to its underlying zoning classification. 305-3 PUD Final Plan A. Application A complete application for PUD Final Plan approval shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL] along with a nonrefundable fee that has been established to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. A PUD Final Plan application may include the entire area covered in the PUD Master Land Use Plan or it may include one or more phases of the approved PUD Master Land Use Plan. B. Review and Report —[INSERT OFFICIAL] The [INSERT OFFICIAL] shall prepare a staff report that reviews the PUD Final Plan application in light of the approved PUD Master Land Use Plan and all other applicable development standards and planning policies. The [INSERT OFFICIAL] shall provide a copy of the report to the [INSERT REVIEW/DECISION- MAKING BODY] and the applicant. C. Review and Action —[INSERT REVIEW/DECISION-MAKING BODY] The [INSERT REVIEW/DECISION-MAKING BODY] shall consider the PUD Final Plan application and act to approve or deny the PUD Final Plan application. D. PUD Final Plan Review Criteria A PUD Final Plan shall be approved by the [INSERT REVIEW/DECISION- MAKING BODY] if it is determined by the [INSERT REVIEW/DECISION- MAKING BODY] to be in substantial compliance with the approved PUD Master Land Use Plan. The PUD Final Plan shall be deemed to be in substantial compliance with the PUD Master Land Use Plan so long as, when compared with the PUD Master Land Use Plan, it does not result in: 1. An increase in project density or intensity, including the number of housing 22 (December 6, 1996 Draft) .......................................... . Wilmington/New Hanover County Unified Development Ordinance I 0 I 0 I LIB I 11 ........................ Article III/Development Review and Approval Procedures ................................. Sec. 305/Planned Unit Developments units per acre or the amount of nonresidential floor area per acre; 2. A change in the mix of housing types or the amount of land area devoted to nonresidential uses; 3. A reduction in the amount of open space; a 4. Any change to the vehicular system which.result in a significant change in the amount or location of streets, common parking areas, and access to the PUD; 5. Any change within 50 feet of a R-3 or more restrictive zoning district; a 6. Any change determined by the [INSERT REVIEW/DECISION-MAKING BODY] to represent an increase in development intensity; 7. A substantial change in the layout of buildings. E. Effect of Approval; Lapse of Approval Approval of a PUD Final Plan shall confer upon the applicant the right to develop the subject property in accordance with the approved PUD Final Plan. The right to adevelop in accordance with an approved PUD Final Plan shall lapse and be of no further effect if all development shown on the PUD Final Plan is not complete within the time -frame established by the Governing Body during review of the Master Land Use Plan. In the event of such lapse of approval, the PUD Final Plan and PUD zoning classification shall be of no effect, and the property shall be developed solely in accordance with the underlying zoning classification. The [INSERT OFFICIAL] a shall initiate action to simultaneously rezone the PUD district to its underlying zoning classification. Sec. 3061 Special Use Permits This section sets out the required review and approval procedures for Special Use Permits. 306-1 Initiation of Special Use Permit An application for Special Use Permit approval shall be submitted by all owners of the property included in the application. D306-2 Form, Content and Timing of Application A complete application for a Special Use Permit shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL], along with a nonrefundable fee that has been established by the Governing Body. No application shall be processed until the application is complete and the required fee has been paid. a Applications must be filed with the [INSERT OFFICIAL] at least 20 days before the Planning Commission hearing at which the application is to be considered. a 306-3 [INSERT OFFICIALS Review and Recommendation The [INSERT OFFICIAL] shall review each proposed Special Use Permit application and offer a report on the anticipated effect of the Special Use Permit to the Planning Commission. 306-4 Planning Commission Review and Recommendation The Planning Commission shall hold a public hearing on the proposed Special Use Permit and, within 30 days of the hearing, make a recommendation to the Governing 4 `; Body of approval, approval with conditions or denial. The Planning Commission shall hvv, p enter the reasons for its recommendation in the minutes of the hearing at which aaction is taken. The Planning Commission's failure to submit a recommendation#tlin --........-•----•---...-•---•-•...............•----...---...........----......-----........,.�..::�::...:.< �,-------•---- Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draft) 23 I Article III/Development Review and Approval Procedures ........................ ...................... .----•-------------........ Sec. 306/Special Use Permits the required 30-day period shall be deemed a favorable recommendation. A. Effect of Recommendation for Approval or Approval with Conditions If the Planning Commission recommends approval of the Special Use Permit, that recommendation shall be forwarded to the Governing Body for review and action along with copies of the petition voted upon by the Planning Commission and the findings and analysis leading to the Planning Commission's recommendation. B. Effect of Recommendation for Denial If the Planning Commission recommends denial of the Special Use Permit no further action will be taken unless the Planning Commission's recommendation is appealed C. Effect of No Recommendation If the Planning Commission has not made a recommendation within 30 days of the public hearing, the petitioners may elect to have their petition or application forwarded to the Governing Body for action without a Planning Commission recommendation. 306-5 Appeal of Planning Commissions Recommendation Appeals of the Planning Commission's recommendation on Special Use Permits may be taken to the Governing Body by filing a written, signed letter of appeal with the [INSERT OFFICIAL] within 10 days of the public hearing at which the recommendation was made. All such appeals shall be heard by the Governing Body in a public hearing. Prior to the Governing Body's public hearing, copies of the petition voted upon by the Planning Commission and the findings and analysis leading to the Planning Commission's recommendation shall be forwarded to the Governing Body. 306-9 Governing Body Review and Action . A. Public Hearing The Governing Body shall hold a public hearing on Special Use Permits whenever the Planning Commission recommends approval and whenever the Planning Commission's recommendation of denial is appealed. At the close of the public hearing, the Governing Body shall act to approve or deny the Special Use Permit. B. Special Use Approval Criteria In acting upon such Special Use Permits, the Governing Body shall consider the Planning Commission's recommendation, and, before approving the Special Use Permit, find that all of the following Special Use criteria will be satisfied: k '' x�. Av.............. 1. That the use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved by the issuance of the special use permit; 2. That the use meets all required conditions and specifications; 3. That the use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity; and 4. That the location and character of the use if developed according to the plan as submitted and approved will be in harmony with the area in which it is to be located and in general conformity with the Wilmington New Hanauer Land Use 24 (December 6, 1996 Draft) is It 'i M I I I I It I 1-11 I I .............................................................................. Hanover County Unified Development Ordinance a Article III/Development Review and Approval Procedures .......................................................... .. ....----.......... ..-----........ a Sec. 306/Special Use Permits Plan and its policies for growth and development. C. Basis for Action A finding by the Governing Body that all of the Special Use Approval Criteria have a been satisfied or that one or more of the criteria have not been met shall be based on sufficient and competent evidence presented to the Governing Body at the Special Use Permit public hearing. a306-7 Conditions of Approval The Planning Commission may recommend, and the Governing Body may impose conditions of approval that will, in its opinion, ensure that the use in its proposed location will comply with the purpose, spirit and intent of this UDO. All such additional conditions shall be entered in the minutes of the meeting at which the Special Use Permit is granted and also on the certificate of the Special Use Permit or on the plans submitted therewith. All specific conditions shall run with the land and shall be binding on the original applicants for the Special Use Permit, their heirs,. successors and assigns. In Fnicing- 306-8 Protest Petitions The protest provisions of this subsection apply only to Special Use Permits within the City of Wilmington. A. In accordance with G.S. §160A-385, if a protest by written petition against a Special Use Permit, signed by the owners of 20 percent or more either of the area of the lots included in such proposed change, or of those adjacent thereto, is presented as D provided by law, such Special Use Permit shall not become effective except by favorable vote of % of all members of the Governing Body. Such protest shall contain the signature and address of each protesting property owner, and the location of property owned by each protestor shall be shown on a map attached to the written petition. B. In accordance with G.S. §160A-386, all protest petitions must have been received by the city clerk in sufficient time to allow the city at least two work days (excluding Saturdays, Sundays and legal holidays) before the date established for a public hearing on the proposed change or Special Use Permit to determine the sufficiency and 0 accuracy of the petition. For purposes of this subsection, two days shall mean at least 48 hours prior to the date of the hearing. The hours prior to the time of the hearing on the scheduled date of the hearing shall not be added to the requisite 48 hours to a determine if such protest petition has been filed. on time. "Legal holidays" shall mean all those days set forth in G.S. §103-4 and shall also include all approved state, County or city holidays since some of the required public records to determine the sufficiency of a petition may be unavailable for inspection due to office closings on these days. To be considered, a petition shall be complete in all respects at the ti of filing and no additions, corrections, revisions or other Special Use Permits shal,Ii: allowed subsequent to the filing deadline. The filing deadline shall be the des'..-, time at least 48 hours prior to the properly advertised date of the first schei3ed ww� ..................................................................................... .. .........t�\ y; Y.......... ............................................................... Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draffj 25 Article 111/Development-Review and Approval Procedures .................................... --............ ....... ....... .................................................. Sec. 306/Special Use Permits public hearing and any tabling, continuance, postponement or other delay does not extend to the filing deadline. 306-9 Notice of Public Hearings A. Written Notice The [INSERT OFFICIAL] shall provide written notice, by first class mail, to all owners of the subject property and all owners of property immediately adjoining the subject property. Written notices shall be mailed at least 10 days before the first scheduled public hearing on the Special Use Permit. Written notice shall comply with the standards of Sec. 301-3. B. Posted Notice The [INSERT OFFICIAL] shall post notice on the subject property at least 10 days before the first scheduled public hearing on the Special Use Permit. Posted notice shall comply with the standards of Sec. 301-3. C. Newspaper Notice Notice of the Governing Body's public hearing on Special Use Permits shall be published in a newspaper of general circulation within the City and County at least once each week for the two calendar weeks preceding the date of the public hearing. The first publication of such notice shall be made no less than 10 days nor more than 25 days prior to the public hearing. Newspaper notice shall comply with the standards of Sec. 301-3. 306-10 joint Planning Commission/Governing Body Hearings In lieu of separate consideration and dual hearings, the Planning Commission and Governing Body may review proposed Special Use Permits in a joint hearing conducted in compliance with the requirements of this section. 306-11 Appeal of Governing Body's Final Action A cause of action as to the validity of a Special Use Permit matter shall be brought within nine months, as provided in General Statutes §1-54.1 and §160A-364.1; as amended. 306-12 Limit on Successive Applications If the Governing Body denies a Special Use Permit, such application may not be refiled for six months from the date of the Governing Body's public hearing on the Special Use Permit. 306-13 Modifications to Approved Special Use Permit Plans A. Major Modifications 1. Defined Major modifications to a Special Use Permit plan or to a condition of approval include, but are, not limited to: a. Change in use; b. Increase in density or intensity of the development; 26 (December 6, 1996 Draft) 0 I 0 I I I I'I I I I a .............................................................................. Wilmington/New Hanover County Unified Development Ordinance r] 0 Article 111/Develo)pment Review and Approval Procedures Sec. 306/Special Use Permits ............ .................. c. Increase in number of off-street parking or loading spaces; d. Increase in impervious surface area; e. An increase in overall ground coverage by structures; f. A change in any site dimension by more than 10 percent; g. A reduction in approved open space or screening; h. A reduction in size of utilities; i. A change in the soil erosion and sedimentation controls as approved by the or j. A change in access or internal circulation design. 2. Procedure The procedure for securing approval of a major modification to an approved Special Use Permit plan or to a condition of approval of a Special Use Permit shall be the same as for the original Special Use Permit application. B. Minor Modifications 1. Defined Minor modifications to a Special Use Permit plan or to a condition of approval include anything not deemed a "major modification" by the [INSERT OFFICIAL]. 2. Procedure Minor modifications may be approved by the [INSERT OFFICIAL] if required by engineering or other physical circumstances not foreseen at the time of the original approval. 306-14 Revocation of Approval At any time after a Special Use Permit has been issued, the Governing Body may hold a public hearing to determine if the Special Use Permit should be revoked. Upon finding that the conditions of a Special Use Permit are not being fulfilled, the Governing Body shall revoke the Special Use Permit, and the use allowed by such permit shall be discontinued immediately. 306-15 Effect of Noncompliance with Special Use Permit The [INSERT OFFICIAL] shall ensure compliance with the plans approved by the Governing Body and with any other conditions imposed upon the Special Use Permit. In the event of failure to comply, no building permits for further construction or certificates of occupancy for the property covered by the Special Use Permit shall be issued, and all completed structures shall be regarded as nonconforming uses. 306-16 Lapse of Special Use Permit A. If a use allowed by Special Use Permit is terminated for any reason, the Special Use Permit shall lapse and be of no further effect Such use may be reinstated only after review and approval in accordance with all of the procedures of this section. x; B. If construction or occupancy of the use specified on the Special Use Permit µ�, r 1 P cY P Po,> application has not commenced within six months of the date of approval Sped ' �N; ' ................................................................................................................................ . ..... ..<^ ........... Q Wilmington/New Hanover County 3' Unified Development Ordinance (December 6, 1996 Draff) 27 Article 111/Development.Review and Approval Procedures ...... .... .... .• .. ............................... Sec. 306/Special Use Permits Use Permit issuance, the Special Use Permit shall lapse and be of no further effect. An extension of time for a Special Use Permit, not to exceed a period of six months, may be granted by the Planning Commission upon review, provided application for such extension is submitted in writing prior to the original expiration date. Decisions of the Planning Commission regarding Special Use Permit extension requests may be appealed to the Governing Body by any person having a direct relationship to said action and aggrieved by such action. Appeals must be presented within 10 days of the date of the Planning Commission's decision. Sec. 307/ Site Plan Review ?We have proposed two versions of site plan review. Type 1, and administrative review process, with appeal provisions; and Type 2, Planning Commission/Board review with appeal provisions. These provisions are FORTHCOMING Sec. 308/ Building Permits Building permits shall be required in accordance with applicable provisions of the City and County Codes and the General Statutes of the State of North Carolina. This section sets out the required review and approval procedures for Building Permits. 308-1 Application Submittal A complete application for a Building Permit shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL] along with a nonrefundable fee that has been established to defray the cost of processing the application. No building permit application shall be processed until the application is complete, all applicable development approvals have been secured and the required fee has been paid. Each application for a building permit shall include information as to the location of applicable areas of environmental concern. 308-2 Review and Action—QNSERT OFFICIAL] The [INSERT OFFICIAL] shall be responsible for conducting reviews to determine if intended uses, buildings or structures comply with all applicable regulations and standards, including this UDO, the building code and State Guidelines for Areas of Environmental Concern. The [INSERT OFFICIAL] shall not issue a building permit unless the plans, specifications and intended use of such building or structures or part thereof conform in all respects to the provisions of this UDO, the building code and State Guidelines for Areas of Environmental Concern. 308-3 Expiration A. If the work described in any building permit has not begun within 6 months from the date of issuance, the building permit shall expire be of no further effect. In such cases, no further work shall occur until a new building permit has been obtained, and the [INSERT OFFICIAL] shall give written notice to persons affected. B. If after commencement of construction, work is discontinued for a period of 12 months or more, the building permit shall expire and be of no further effect. In such A. cases, no further work shall occur until a new building permit has been obtained and the [INSERT OFFICIAL] shall give written notice to persons affected. ` .= ..;.......................•-------------.......-------.........--•-------....----..................---------------------------------------...-------- '3 Wilmington/New Hanover County - 28 (December 6, 1996 Draft) Unified Development Ordinance 0 0 1 I ii IMF I I I 0 I i �I I I Article III/Development Review and Approval Procedures ........................a.................... .... Sec. 309/Certificates of Occupancy Sec. 308/ Certificates of Occupancy 309-1 Applicability No new building or part thereof shall be occupied, and no addition or enlargement of any existing building shall be occupied, and no existing building after being altered or moved shall be occupied, and no change of occupancy shall be made in any existing building or part thereof, until the [INSERT OFFICIAL] has issued a Certificate of Occupancy for such building, addition or enlargement. 309-2 Exemptions No Certificate of Occupancy shall be required for bona fide agriculture uses. 309-3 Applications Application for a Certificate of Occupancy may be made by the owner or the owner's agent after all final inspections have been made for new buildings, or, in the case of existing buildings, after supplying the information and data necessary to determine compliance with this section and all applicable standards and regulations. A complete application for a Certificate of Occupancy shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL] along with a nonrefundable fee that has been established to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. 309-4 Criteria for Issuance The [INSERT OFFICIAL] shall issue a Certificate of Occupancy when, after examination and inspection, it is found that the building in all respects complies with all applicable regulations and standards for the occupancy intended. 309-5 Temporary Certificates of Occupancy Pending the issuance of a permanent Certificate of Occupancy, a temporary Certificate of Occupancy may be issued which shall be valid for a period established by the [INSERT OFFICIAL], pending completion of any addition or during partial occupancy of the premises. After a temporary Certificate of Occupancy expires it shall lapse and be of no further effect. Sec. 310/ Sign Permits This section sets out the required review and approval procedures for Sign Permits. 310-1 Applicability If a sign requiring a permit under Article MI is to be placed, constructed, erected or modified on a lot, the owner of the lot shall secure a sign permit prior to the construction, placement, erection or modification of such a sign in accordance with the procedures of this section. 310-2 Application Submittal A complete application for a Sign Permit shall be submitted to the [INSERT OFFICIAL] r in a form established by the [INSERT OFFICIAL] along with a nonrefundable fee that;; r:^ has been established to defray the cost of processing the application. No application'iall be processed until the application is complete and the required fee has been paid.' ..................................................................................... «\. .'.. . }i ~,Y.......... ........................................................... . ...... . .. wvn ♦ti?atM1 . Wilmington/New Hanover County.`}, Unified Development Ordinance (December 6, 1996 Draft) 29 L Article 111/Development.Review and Approval Procedures .................................... .......... ....................... ............................................... a Sec. 310/Sign Permits 310-3 Review and Action —Sign Permit Upon receipt of a complete application for a sign permit, the [INSERT OFFICIAL] shall review the Sign Permit application in detail for the purpose of determining whether the proposed sign complies with the all applicable sign regulations of this UDO. Within 7 days of the submission of a complete application for a Sign Permit, the [INSERT OFFICIAL] shall either. A. Issue the Sign Permit, if the sign complies in every respect with the standards of Article ? and all other applicable regulations; or B. Deny the sign permit if the sign fails in any way to comply with the standards of Article ? or other applicable standards. In the event of denial, the [INSERT OFFICIAL] shall give a written notice to the applicant along with a brief statement of the reasons for denial. if is pennit is detried, dw pernrit fee will be refunded t 310-4 Inspections Any person installing, altering, or relocating a sign for which a permit has been issued shall notify the [INSERT OFFICIAL] upon completion of the work. The [INSERT OFFICIAL] may require a final inspection. 310-5 Expiration of Sign Permit A Sign Permit shall lapse and be of no further effect if work is not commenced within six months of permit issuance and complete within one year of permit issuance. If work authorized by the permit is suspended for a period of six months or more, a new permit shall be required. Consistent with Sec. 1205, sign permits shall also expire 60 days after the related business or activity has been vacated or terminated. 310-6 Signs Within Historic Districts ?Should there be something here on COAs and other special procedures? Sec. 311/ Variances This section sets out the required review and approval procedures for Variances. 311-1 Types of Variances Allowed IL Zoning District Dimensional Standards The Board of Adjustment is authorized to grant variances from the zoning district dimensional standards of this UDO that will not be contrary to the public interest or the spirit of this UDO, where, owing to special conditions, a literal enforcement of the provisions of this UDO would result in unnecessary physical (not economic) hardship to the property owner. ......i...<i:..... j• ................................................................................. 30 (December 6, 1996 Draft) I I I -1 I is I 0 I 1 I Wilmington/New Hanover County Unified Development Ordinance a 0 0 I Article 111/Development Review and Approval Procedures Sec. 311 /Variances •r � Q1. MY setback that is les. than the setback Leclairement by the applicabie �J• • :"5:i:•::�.iv�>,:?F:S��f�f.•'ii>*"'�:•: S:lRi:4f#4!.M3Y.J:: 311-2 Application Submittal A complete application for a Variance shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL], along with a nonrefundable fee that has been established by the Governing Body to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. 311-3 Review and Action —Board of Adjustment The Board of Adjustment shall hold a public hearing on the variance request, and, at the close of the public hearing act to approve, approve with conditions or deny the application based on the review criteria set out in this section. A concurring vote of at least four members of the Board of Adjustment shall be required to approve any variance request. a311-4 Notice Public Hearings of A. Written Notice a The [INSERT OFFICIAL] shall provide written notice, by first class mail, to all owners of the subject property and all owners of property immediately adjoining the subject property. Written notices shall be mailed at least 10 days before the first scheduled public hearing on the Variance. Written notice shall comply with the standards of Sec. 301-3. B. Newspaper Notice Notice of the Board of Adjustment's public hearing on Variance requests shall be }L published in a newspaper of general circulation within the City and County at least once each week for the two calendar weeks preceding the date of the public hearing. J' The first publication of such notice shall be made no less than 10 days nor more than astandards 25 days prior to the public hearing. Newspaper notice shall comply with the of Sec. 301-3. Ni in 0 ................................................................................................................................................... Wilmington/New Hanover County Unified Development Ordinance (December 6, ?;0 IX Aµ... y 1996 Draft) 31 I Article III/Development Review and Aporoval Procedures ....................... .... .................................................................................. Sec. 311Nariances 311-5 Review Criteria; Findings of Fact A. Criteria for Approval A variance may be granted by the Board of Adjustment upon an affirmative finding that all of the following conditions exist. 1. That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same district; 2. That literal interpretation of the provisions of this UDO would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this UDO; 3. That special conditions and circumstances do not result from the actions of the applicant; and 4. That granting the variance requested will not confer on the applicant any special privilege that is denied by this UDO to other lands, structures or buildings in the same district. No nonconforming use of neighboring lands, structures, or buildings in the same district, and no permitted or nonconforming use of lands, structures, or buildings in other districts shall be considered grounds for the issuance of a variance. B. Findings of Fact The Board of Adjustment shall make a determination on each criterion for approval and enter its findings in the official: record. Findings of fact shall be based on evidence presented at the public hearing on the variance request. 311-6 Use Variances Prohibited The Board of Adjustment may not grant use variances, which are variance that have the effect of allowing a use type that is not allowed by the Use Table of Sec. 701. 311-7 Conditions of Approval In granting a variance, the Board of Adjustment may impose such conditions, safeguards and restrictions upon the premises benefitted by the variance as may be necessary to reduce or minimize any potentially injurious effect of the variance upon other property in the area. 311-8 Appeals of Board of Adjustment Decisions Any person aggrieved by a decision of the Board of Adjustment shall have standing for purposes of seeking further review by New Hanover County Superior Court. Such review shall be subject to proceedings in the nature of certiorari. For purposes of this section, "person aggrieved" shall mean any person, firm, corporation or group of persons of common interest, including the City or County, their officials, agents and employees, and any departments, boards or agencies, that are directly or indirectly affected substantially by a decision as set out herein. Any petition for review by the superior court shall be filed with the clerk of superior court within 30 days of the date that the Board of Adjustment's decision is filed in the office of [INSERT OFFICIAL], or after a written copy thereof is <:< delivered to every aggrieved party who has filed a written request for such copy with the [INSERT OFFICIAL] at the time of the hearing of the case, whichever is later. The decision of the Board of Adjustment may be delivered to the aggrieved party either b `" personal service or by registered mail. k._.<av,.�,....................................................................................................................... ............... ............. <3� Wilmington/New Hanover County 32 (December 6, 1996 Draft) Unified Development Ordinance 1 I I In I 0 0 0 0 0 I I I II is I 0 . Article III/Development Review and Approval Procedures ....................................... .................... ....... .........------- LJ Sec. 312/Wriffen Interpretations Ll Sec. 312/ Written Interpretations tJ This section sets out the required review and approval procedures for Written Interpretations of the �J provisions of this UDO. 312-1 Application Submittal l� A complete application for a Written Interpretation shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL] along with a nonrefundable fee that has been established by the Governing Body to defray the cost of J processing the application. No application shall be processed until the application is complete and the required fee has been paid. 312-2 Review and Action—EINSERT OFFICIAL] Within 20 days after a complete application for a Written Interpretation has been a submitted, the [INSERT OFFICIAL] shall: (1) review and evaluate the request in light of the text of this UDO, the Official Zoning Maps, the Wilmington New Hanomrland Use Plan and any other relevant documents; (2) consult with other staff; and (3) render a R written interpretation. 312-3 Form The interpretation shall be provided to the applicant in writing and shall be filed in the official record of interpretations. 3124 Official Record of Interpretations a The [INSERT OFFICIAL] shall maintain an official record of interpretations. The record of interpretations shall be available for public inspection in the office of the [INSERT OFFICIAL] during normal business hours. 312-5 Appeal of Interpretation Appeals of the [INSERT OFFICIAL]'s written interpretation may be taken to the Board of Adjustment, in accordance with the procedures of Sec. 313. Appeals of written interpretations shall be filed within 10 days of the date of the [INSERT OFFICIAL]'s decision. aSec. 313/ Appeals of Administrative Decisions This section sets out the required review and approval procedures for Appeals of Administrative Decisions. 313-1 Applicability The Board of Adjustment shall be authorized to hear and decide appeals where it is alleged there is an error in any order, requirement, decision or determination made by an administrative official of the City or County in the administration or enforcement of this a UDO. 313-2 Right to Appeal Appeals of Administrative Decisions may be filed by any person aggrieved or by any officer, department, board or bureau affected by any decision of the administrative f-� titiT officer.<.. - ,, ••••••••••••...............••••-••---•••••••••••••••••••...........••-•••••••.........................•••••---....••••••................................ «w. }:. ,<:�->.......••. Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draffj 33 Article 111/Development Review and Approval Procedures ................................... .... ................ Sec. 313/Appeal of Administrative Decisions 313-3 Application Submittal Applications for Appeals of Administrative Decisions shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL] along with a nonrefundable fee that has been established by the Governing Body to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. 313-4 Time of Filing Appeal Appeals of Administrative Decisions shall be filed within 10 days of the date of the decision being appealed. 313.5 Effect of Filing The filing of a complete application for appeal stays all proceedings in furtherance of the action appealed, unless the [INSERT OFFICIAL] certifies to the Board of Adjustment after notice of appeal has been filed that because of facts stated in the certificate of stay, in the [INSERT OFFICIAL]'s opinion, would cause imminent peril to life or property, or that because the violation charged is transitory in nature a stay would seriously interfere with enforcement of this chapter. In that case, proceedings shall not be stayed except by a restraining order, which may be granted by the Board of Adjustment or by a court of record on application, on notice to the [INSERT OFFICIAL] and on due cause shown. The [INSERT OFFICIAL] shall have one copy of said certificate delivered by registered mail or by personal service to the appellant and to each member of the Board of Adjustment within 10 calendar days from the date the appeal is filed with the [INSERT OFFICIAL]. The certificate shall also be placed on file with the [INSERT OFFICIAL] for public inspection and recorded in the minutes of the next meeting of the Board of Adjustment. 313-6 Action by [INSERT OFFICIAL] The [INSERT OFFICIAL] or the official whose decision is being appealed shall transmit to the Board of Adjustment all papers constituting the record upon which the action appealed is taken. 313-7 Review and Action —Board of Adjustment Appeals of Administrative Decisions shall be taken to the Board of Adjustment. The Board of Adjustment shall grant to the administrative official's decision a presumption of correctness, placing the burden of persuasion of error on the appellant. In exercising the appeal power, the Board of Adjustment shall have all the powers of the official from whom the appeal is taken, and the Board of Adjustment may reverse or affirm wholly or partly or may modify the decision being appealed. If the Board of Adjustment determines that it is necessary to obtain additional evidence in order to resolve the matter, it shall remand the appeal to the official from whom the appeal is taken, with directions to obtain such evidence and to reconsider the decision in light of such evidence. A concurring vote of four members of the Board of Adjustment shall be necessary to reverse any order, t } requirement, decision, or determination of an administrative official. zGAk ; } ......a ;........................................... 34 (December 6, 1996 Draft) .............................................................................. Wilmington/New Hanover County Unified Development Ordinance 0 0 f� 0 0 I 0 11 0 I' II I Article III/Development Review and Approval Procedures .... ........................ ................... Sec. 312/Written Interpretations 313-8 Review Criteria; Findings of Fact An appeal shall be sustained only if the Board of Adjustment finds that the administrative official erred. Every decision of the Board of Adjustment shall be accompanied by written findings of fact specifying the reason for the decision. These findings shall be filed in the office of the Board of Adjustment within 15 days after the date of the final action. 31" Appeals of Board of Adjustment Decisions Any person aggrieved by a decision of the Board of Adjustment shall have standing for purposes of seeking further review by New Hanover County Superior Court. Such review shall be subject to proceedings in the nature of certiorari. For purposes of this section, "person aggrieved" shall mean any person, firm, corporation or group of persons of common interest, including the City or County, their officials, agents and employees, and any departments, boards or agencies, that are directly or indirectly affected substantially by a decision as set out herein. Any petition for review by the superior court shall be filed with the clerk of superior court within 30 days of the date that the Board of Adjustment's decision is filed in the office of the [INSERT OFFICIAL], or after a written copy thereof is delivered to every aggrieved party who has filed a written request for such copy with the [INSERT OFFICIAL] at the time of the hearing of the case, whichever is later. The decision of the Board of Adjustment may be delivered to the aggrieved party either by personal service or by registered mail. .................................. Wilmington/New Hanover County Unified Development Ordinance AYwn 'i'��Y �_.:it� Htw vnyY (December 6, 1996 Draft) 35 t, k Cz:'•x" ..... ...<HF..... 36 (December 6, 1996 Draft) Wilmington/New Hanover County Unified Development Ordinance Article IV/ Zoning Districts in General Sec. 401/ Zoning Districts Established 401-1 Base Zoning Districts The following base zoning districts are established. A. RA, Rural Agricultural District B. R-20S, Residential District C. R-20, Residential District D. R-15, Residential District E. R-10, Residential District F. R-7, Residential District G. R-5, Residential District H. R-3, Residential (central city) District L MF L, Multi -Family Residential (low density) District . J. MF-M, Multi -Family Residential (medium density) District B. MF-H, Multi -Family Residential (high density) District L. MHP, Manufactured Housing Park District M. O&I, Office and Institutional District N. NB, Neighborhood Business District O. RB, Regional Business District P. CS, Commercial Services District Q. CBD, Central Business District R. LM, Light Manufacturing District S. HM, Heavy Manufacturing District 401-2 Overlay and Special Purpose Zoning Districts A. C-O, Conditional Overlay District B. HD-R, Historic District (residential) C. HD, Historic District D. PUD, Planned Unit Development District E. HD-O, Historic District (overlay) F. DW-O, Dawson Wooster (corridor) Overlay District G. WR-O, Wrightsville Avenue (corridor) Overlay District H. CN-O, Conservation Overlay District L AR-O, Airport Residential Overlay District J. WSW-O, Water Supply Watershed Overlay District S. WP, Wellhead Protection District L. WS, Watershed Protection District Sec. 402/ Zoning District Hierarchy References in this UDO to less restrictive or more restrictive zoning districts refer to the base zoning districts established by Sec. 401 and represent a progression from the RA district, the most restrictive base zoning district, to the HM district, the least restrictive base zoning district. Overlay and Special Purpose zoning districts are not included in the zoning district hierarchy. .}\ •Y ti` ... ..... ;<� Sr° Y.......... (December 6, 1996 Draft) 37 .............................................................................. Wilmington/New Hanover County Unified Development Ordinance Article IV/Zoning Districts in General ................................. ......................... Sec. 403/ Official Zoning Map .c.....:.4.03/.:...........i...al..Zo.....nin...... g ... Map ....... SeOffic 403-1 Adoption The boundaries of the zoning districts established by this UDO shall be shown on a map or series of maps designated the "Official Zoning Map," which is adopted by reference and made a part of this UDO. Original copies of the official zoning map are maintained in the office of the [INSERT OFFICIAL]. In case of any dispute regarding the zoning classification of property subject to this UDO, the original maps maintained by the [INSERT OFFICIAL] will control. 403-2 District Boundaries A. Streets, Ifighways, Alleys, Railroads and Utility Easements When a zoning district boundary line appears to coincide with a street, highway, alley, railroad right-of-way, utility easement or other similar feature, the centerline of that right-of-way or easement shall be construed as the zoning district boundary. B. Shorelines and Water Bodies When a zoning district boundary line appears to coincide with a shoreline, it shall be construed to follow such shoreline. In the event that the shoreline changes, the zoning district boundary shall change with the actual shoreline. When a zoning district boundary line appears to coincide with the center line of a stream, river, canal, lake, or other water body, the centerline of that water body shall be construed as the zoning district boundary. C. Lot Lines When a zoning district boundary line appears to coincide with the boundary line of a platted lot or separate parcel of land, that lot or parcel boundary will be construed as the zoning district boundary. D. Boundary Lines of Political Jurisdictions When a zoning district boundary line appears to coincide with the boundary of a county, city, town or other political jurisdiction, that political jurisdiction's boundary line shall be construed as the zoning district boundary. E. Street Vacations Whenever any street, alley or public way is vacated by official action of the Governing Body, the zoning districts adjoining each side of such street, alley, or public way will automatically be extended to the center of such vacation and all area included in the vacation will be the regulations of the extended district. F. Uncertainties Where physical features existing on the ground contradict those shown on the official zoning map, or in case any other uncertainty exists regarding the boundary of zoning districts, the location of district boundaries shall be determined by the [INSERT OFFICIAL]. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map. 38 (December 6, 1996 Draft) ....................... . Wilmington/New Hanover County Unified Development Ordinance n 0 8' 0 0 0 0 0, RI u Article V/ Base Zoning Districts Sec. 501/ General ?Forthcoming Sec. 502/ RA, Rural Agricultural District * County RA 502-1 Description The RA, Rural Agricultural district is established as a district in which the principal use of land is for low -density, single-family residential purposes. The regulations of this district encourage rural farming activities and the preservation of open space. The district is designed to promote exurban, low density residential development not requiring urban services while maintaining prime farm land and a rural life style. The district may also be used as a "holding" zone, pending the determination of an appropriate urban zoning classification. 502-2 Uses Principal uses allowed in the RA district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the RA district shall comply with the regulations of Sec. 703 that begins on page 117. 502-3 Dimensional Standards Development within the RA district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 502-4 Additional Requirements and Standards Sec. 503/ R-20S, Residential District *County R-20S 503.1 Description The R-20S, Residential district is established as a district in which the principal use of land is for low -density, single-family residential purposes. The regulations of this district are to permit development compatible with the preservation of its rural character and providing limited growth. It is designed to accommodate residential opportunities for those who desire exurban, low -density lifestyle and are willing to assume the costs of providing many of their own services and amenities while maximizing the protection of resources and the conservation of open space. The district specifically prohibits mobile homes, duplexes, residential clusters, attached residential and High -Density Residential Development. 503-2 Uses Principal uses allowed in the R-20S district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the R-20S district shall comply with the regulations of Sec. 703 that begins on page 117. 503-3 Dimensional Standards Development within the R-20S district shall be subject to the dimensional standards of Article VIII, that begins on page 129. " .................................................................................................................................................... «\. •.:..._<�:',• `'_�_..._...... Wilmington/New Hanover County :M1 •k Unified Development Ordinance (December 6, 1996 Draft) 39 I Article V/Base Zonina Districts ................................................................................. 503-4 Additional Requirements and Standards ...................... Sec. 503/R-20S Sec. 504/ R-20, Residential District *County R-20 504-1 Description The R-20, Residential district is established as a district in which the principal use of land is for low density residential and recreational purposes. The regulations of this district are intended to discourage any use which because of its character would substantially interfere with the development of residences and which would be detrimental to the quiet residential nature of the areas included within this district. 504-2 Uses Principal uses allowed in the R-20 district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the R-20 district shall comply with the regulations of Sec. 703 that begins on page 117. 504-3 Dimensional Standards Development within the R-20 district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 504-4 Additional Requirements and Standards Sec. 505/ R-15, Residential District * City R-15/County R-15 505-1 Description The R-15, Residential district is established as a district in which the principal use of land is for low -density residential purposes. Within the unincorporated County, the regulations are intended to ensure that residential development served by wells and septic tanks will occur at sufficiently low densities to ensure a healthful environment. Within the City, the district is intended to preserve the character of established, low -density residential neighborhoods. 505-2 Uses Principal uses allowed in the R-15 district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the R-15 district shall comply with the regulations of Sec. 703 that begins on page 117. 505-3 Dimensional Standards Development within the R-15 district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 505-4 Additional Requirements and Standards Wilmington/New Hanover County Unified Development Ordinance 0 0 t� 0 III 40 (December 6, 1996 Draft) .... .............................•- ..................Article V/Base V/Base Zoning Districts -Sec. 510/R-10 Sec. 506/ R-10, Residential District * City R-10/County R-10 506-1 Description The R-10, Residential district is established as a district in which the principal use of land is for moderate -density residential purposes. Within the unincorporated County, the regulations are intended to be applied in areas with access to either public water or public sewer. Within the City, the district may be used as a transition -between higher density urban development and lower density suburban residential areas. 506-2 Uses Principal uses allowed in the R-10 district are shown in the Use Table of Sec. 701 that �- begins on page 79. Accessory uses within the R-10 district shall comply with the regulations of Sec. 703 that begins on page 117. 506-3 Dimensional Standards Development within the R-10 district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 5064 Additional Requirements and Standards A. Public Water Availability u If public water is not available, water system infrastructure must be installed in accordance with all applicable standards and connected when a public supply becomes available. Sec. 507/ R-7, Residential District * City R-7 507-1 Description The R-7, Residential district is established for moderate residential development and other compatible uses. It is intended to recognize areas of moderate residential density located outside the central core area of the City.. The protection and rehabilitation of viable neighborhoods within this district shall be encouraged to ensure the continued existence as a major housing resource. 507-2 Uses Principal uses allowed in the R-7 district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the R-7 district shall comply with the regulations of Sec. 703 that begins on page 117. 1 0 I 507-3 Dimensional Standards Development within the R-7 district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 507-4 Additional Requirements and Standards Wilmington/New Hanover County aUnified Development Ordinance (December 6, .Al v:vii i4`YY' . 1996 Draft)41 I Article V/Base Zonina Districts ..........................................................................---••......................................................................... Sec. 508/R-5 Sec. 508/ R-5, Residential District * City R 5 508-1 Description The R-5, Residential district is established for moderate- to high -density residential development and other compatible uses located in and near the central core areas of the City. Maintenance and improvement of areas of moderate -to high -density urban residential development is encouraged to protect property values of the existing housing stock and to provide a suitable living environment for people who live in or near the central core area of the City. 508-2 Uses Principal uses allowed in the R-5 district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the R 5 district shall comply with the regulations of Sec. 703 that begins on page 117. 508-3 Dimensional Standards Development within the R-5 district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 508-4 Additional Requirements and Standards P Sec. 508/ R-3, Residential (central city) District * City R-3 509-1 Description The R-3, Residential district is established for high -density residential development and. other compatible uses. It is intended to recognize areas of high -density urban residential development in the central core area of the City and to encourage the protection, rehabilitation and maintenance of the housing stock. The "central city" residential district serves as a positive force in efforts to preserve the character of established neighborhoods within it and thereby safeguard the value of housing resource within the central core area. 509-2 Uses Principal uses allowed in the R-3 district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the R-3 district shall comply with the regulations of Sec. 703 that begins on page 117. 509-3 Dimensional Standards Development within the R-3 district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 509-4 Additional Requirements and Standards .hv 2: •.vK' et...•. N'.' .w y tv :t :.,• 42 (December 6, 1996 Draft) 0 11 0 0 Q I I Ain U III .............................................................................. Wilmington/New Hanover County Unified Development Ordinance Q Article V/Base Zoning Districts .................................. ............. ........------------------- ---- ------- ......_ .... Sea 510/MF-L Sec. 510/ MF-4 Multi -Family Residential (low density) District * City MF-L �.I 510-1 Description The MF-I, Multi -Family Residential (low density) district is established for moderate density single-family and low -density multi -family development of varying types and designs. It is intended to accommodate alternative housing types in or near single-family residential neighborhoods. 510-2 Uses Principal uses allowed in the MF-L district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the MF-L district shall comply with the regulations of Sec. 703 that begins on page 117. 510-3 Dimensional Standards Development within the MF-L district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 510-4 Additional Requirements and Standards Sec. 511/ MF-M, Multi -Family Residential (medium density) District * City MF-M 511-1 Description The MF-M, Multi -Family Residential (medium density) district is established for moderate density single-family and multi -family development of varying types and designs. It is intended to function as a transitional zoning designation between intensive nonresidential uses or higher density residential areas and lower density residential areas. : The district is designed to respond to the varying housing needs of the community while affording a reasonable range of choice, type and location of housing units within the community. 511-2 Uses Principal uses allowed in the MF-M district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the MF-M district shall comply with the regulations of Sec. 703 that begins on page 117. 511-3 Dimensional Standards Development within the MF-M district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 511-4 Additional Requirements and Standards Sec. 512/ MF-H, Multi -Family Residential (high density) District * City MF-H 512-1 Descriptionµ;`„r The MF-H, Multi -Family Residential (high density) district is established for high -density::' residential development of varying types and designs, with emphasis on mid -and higlr;tise,,` structures. It functions as a transitional land use between intensive nonresidential . s ........•--•---•••--•--......•••••••---.......•••••.............•-•-....---------------•---------••---•----............................................. _ . ... ^ ............ Wilmington/New Hanover County r:; Unified Development Ordinance (December 6, 1996 Draft) 43 Article V/Base Zoning Districts . , Seca 512/MF-H and lower density residential areas. The district is designed to be located in close proximity to major population centers such as the downtown, suburban shopping centers and medical services areas. 512-2 Uses Principal uses allowed in the MF-H district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the MF-H district shall comply with the regulations of Sec. 703 that begins on page 117. �. 512-3 Dimensional Standards Development within the MF-H district shall be subject to the dimensional standards of y� Article VIII, that begins on page 129. I 512-4 Additional Requirements and Standards Sec. 513/ MHP, Manufactured Housing Park District * City Ulu 513-1 Description The MHP, Manufactured Housing Park district is established to accommodate manufactured housing park development. The district offers residents an alternative, affordable housing type and thereby promotes the health, safety and general welfare of the community. 513-2 Uses Principal uses allowed in the NIP district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the MET district shall comply with the regulations of Sec. 703 that begins on page 117. 513-3 Dimensional Standards Development within the MET district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 513-4 Additional Requirements and Standards j Sec. 514/ 0&1, Office and Institutional District * City OW/County O&I 514-1 Description The O&I, Office and Institutional district is established to provide sufficient land area for the business, office, governmental and institutional needs of the community. It is intended to function as a transitional land use between intensive nonresidential uses and residential development. The district is also designed to reduce the intensity of development along thoroughfares between commercial clusters. 514-2 Uses yy�,, `�� Principal uses allowed in the O&I district are shown in the Use Table of Sec. 701 that 'Kv} ..4 E14 '„, begins on page 79. Accessory uses within the O&I district shall comply with the regulations of Sec. 703 that begins on page 117. ?` s.................................•••••--•......-----.......-----......_......-----••. .,...<.1......... ..... Wilmington/New ton/New Hanover Count 9 y 44 (December 6, 1996 Draft) Unified Development Ordinance 1 Sec...514 ../O&I......................................................................................01 Article V/Base Zoninq.DistriSts ......................................... Ul �i 514-3 Dimensional Standards Development within the O&I district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 514-4 Additional Requirements and Standards Sec. 515/ NB, Neighborhood Business District * City CB [revised] 515-1 Description The NB, Neighborhood Business district is established to provide convenient shopping facilities primarily of necessity goods and personal convenience services required to serve a neighborhood or other small market area. 515-2 Uses Principal uses allowed in the NB district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the NB district shall comply with the regulations of Sec. 703 that begins on page 117. 515-3 Dimensional Standards Development within the NB district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 515-4 Additional Requirements and Standards Sec. 516/ RB, Regional Business District * City RB/County B-1 516-1 Description The RB, Regional Business district is established to accommodate large commercial facilities offering goods and services meeting the needs of the city, county and regional residents. It is primarily intended to be applied at the intersection of major thoroughfares and to occur in clustered patterns. The district is intended to encourage one -stop shopping at convenient and safely accessible locations. No B-1 516-2 Uses Principal uses allowed in the RB district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the RB district shall comply with the regulations of Sec. 703 that begins on page 117. 516-3 Wilmington/New Hanover County Unified Development Ordinance Dimensional Standards Development within the RB district shall be subject to the dimensional standards of Article VIII, that begins on page 129. A S, •z. Ri r' .............................. to\- . . M1.,+F'.�`•• ........... ;tile � }y (December 6, 1996 Draft) 45 Article V/Base Zoning.Districts................................................................................................................. Sec.516/CS 516.4 Additional Requirements and Standards Sec. 517/ CS, Commercial Services District * City CS/County B-2 517-1 Description The CS, Commercial Services district is established to accommodate a variety of commercial service, light manufacturing, storage, and distribution uses. It is intended to be applied near industrial areas and to support more intensive industrial and high intensity commercial uses. The district is designed to locate near major transportation facilities (road, rail, air and port) and to act as a transitional land use between intensive industrial and commercial development and lower intensity land uses. No B-2'Distt 517-2 Uses Principal uses allowed in the CS district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the CS district shall comply with the regulations of Sec. 703 that begins on page 117. 517-3 Dimensional Standards Development within the CS district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 517-4 Additional Requirements and Standards Sec. 518/ CBD, Central Business District * City CBD 518-1 Description The CBD, Central Business District is established to create and maintain a high -intensity commercial, office, service and residential area meeting city, county and regional needs. It encourages the full utilization of public services and contributes to the economic base of the city and county. It is intended to be applied in the central core area of the City of Wilmington. 518-2 Uses Principal uses allowed in the CBD district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the CBD district shall comply with the regulations of Sec. 703 that begins on page 117. 518-3 Dimensional Standards Development within the CBD district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 518-4 Additional Requirements and Standards t g, Z,.. r1a .... i.--.{+ �.. Mi......................................................................................................................................................... Wilmington/New Hanover County 46 (December 6, 1996 Draft) Unified Development Ordinance ........................................................................................ ..............Article V/Base Zoning Districts Sea 519/LM Sec. 519/ LM, Light Manufacturing District * City LM/County I-1 519-1 Description The LM, Light Manufacturing district is intended to accommodate uses of an industrial, �} warehousing, and storage nature that do not create an excessive amount of noise, odor, j, smoke, dust, air borne debris, or other adverse impacts on surrounding areas. The district is primarily designed for uses with small physical plants, low land requirements and high employee -land area ratios. The district is designed to be located near major transportation facilities (road, rail, air and port) to ensure adequate access to its uses which, in turn, will discourage additional traffic generation on nearby residential streets. No f-1 be less thut five (5341.Les 519-2 Uses Principal uses allowed in the LM district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the LM district shall comply with the regulations of Sec. 703 that begins on page 117. 519-3 Dimensional Standards Development within the LM district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 519-4 Additional Requirements and Standards Sec.520 HM He Manufacturing District / �Y 9 * City HM/County I-2 520-1 Description The HM, Heavy Manufacturing district is established to accommodate basic industries and other uses that produce noise, odor, smoke, dust, air borne debris, and other impacts j1 that might be detrimental to the health, safety, and welfare of surrounding uses and neighborhoods. The district is designed to be located near major transportation facilities (road, rail, air and port) and in areas adequately served by public or private utilities. It should not be located in a manner that adversely effects existing or planned nonindustrial uses. Conversely, the HM district should be protected from encroachment by incompatible nonindustrial uses. Nu f-2 a 520-2 Uses Principal uses allowed in the HM district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the HM district shall comply with the regulations of Sec. 703 that begins on page 117. 520-3 Dimensional Standards Development within the HM district shall be subject to the dimensional standards of Article VIII, that begins on page 129. ....---•-•---------------------•-••----•......--•--•---.......-----•-----...---- . _M1 .. ........... Wilmington/New Hanover County �) Unified Development Ordinance (December 6, 1996 Draft) 47 Article V/Base Zoning Districts ........................................................................................................................................................ Sec. 520/HM 520-4 Additional Requirements and Standards C>:oa 4`•: ti: z. • ". 01 48 (December 6, 1996 Draft) ................................................... . Wilmington/New Hanover County Unified Development Ordinance 11 (n� Article VI/ Overlay and Special Purpose Zoning Districts U Sec. 601/ General ? Forthcoming u Sec. 602/ C-O, Conditional Overlap District 602-1 Description Lands classified in the C-O, Conditional Overlay district, shall be subject to the standards of the C-O district and the underlying zoning district. In the event of conflict between the standards of the C-O district and the underlying zoning district, the standards of the C-O district shall control. The GO, Conditional Overlay district offers a means of developing use, dimensional and other development standards tailored to individual development projects. It is intended to: A. Ensure compatibility among incompatible or potentially incompatible land uses; B. Ease the transition from one zoning district to another, C. Address sites or land uses with special requirements; and D. Guide development in unusual situations or unique circumstances. 602-2 Uses Uses allowed by -right or by Special Use Permit in the underlying base zoning district may be allowed in the C-O district, provided that all uses shall require review and approval in accordance with the Special Use Permit procedures of Sec. ?. Additional use conditions may be imposed during the Special Use Permit review and approval process. Conditions "j shall not specify ownership status, race, religion, character or other exclusionary 1 characteristic of occupants. All conditions shall be objective, specific and detailed to the extent necessary to accomplish their purpose and they shall relate rationally to making the R use compatible with the purpose of this UDO and the Wilmington New Hanover Land Use (j +' Plan. 602-3 Dimensional Standards The dimensional standards of the underlying zoning district shall apply unless modified by the C-O district standards of this section. Additional dimensional standards may be imposed during the Special Use Permit review and approval process. All conditions shall be objective, specific and detailed to the extent necessary to accomplish their purpose and they shall relate rationally to making the use compatible with the purpose of this UDO and the Wilmington Nero HanoverI-andUse Plan. 602-4 Additional Roqidrements and Standards L� A. Map Designation l All property included in a C-O district shall be identified on the Official Zoning Map by adding the letters "C-O" to the base zoning district abbreviation. B. Review and Approval Procedure 1. Applications n ;, The C-O zoning district shall be established only for specific development <` "k proposals and only upon voluntary request of the property owner. ay„` .tom ................................................................................................................. . :� i.:'.... ,".�:\; 'vr ..__..... .............................. .... .. Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draft) 49 Article VI/Overlay and Special Purpose Zoning Districts ................................... .............................................................. Sec. 602/C-0, Conditional Overlay 2. Process The procedure for establishment of the C-O district requires concurrent submittal and processing of a Zoning Map Amendment application and a Special Use Permit application, in accordance with all the procedures of Sec. 303, page 10 and Sec. ?, page ?. A request for C-O zoning shall not be approved until the Special Use Permit is approved and until all conditions and requirements for the Special Use Permit have been included voluntarily by the applicant. The Governing Body shall follow a two-step procedure in taking final action on the C-O zoning map amendment request. k. • The Governing Body shall first act on the Special Use Permit request by voting to conditionally approve (the condition being that C-O zoning is approved for the subject site) or deny the Special Use Permit. 1. If the Special Use Permit is denied, the Governing Body shall not approve the C-O zoning map amendment. If the Special Use Permit is conditionally approved, the Governing Body shall take action on the GO zoning map amendment request. If the GO zoning map amendment is approved, development of the tract shall be allowed to proceed in accordance with the approved Special Use Permit and all other applicable requirements of this UDO. 3. Testimony and Evidence at Hearings Only testimony and evidence pertinent to the specific use and project proposal shall be presented at public hearings on the C-O district Special Use Permit matter. 4. Imposition of Conditions The Planning Commission may recommend and the Governing Body may impose additional conditions and requirements beyond those listed in the application. Before the Governing Body acts on the application, the applicant may amend the application to include the conditions, withdraw the application or request a continuance. 5. Effect of Approval All conditions attached to a C-O district Special Use Permit shall be binding on the tract included in the C-O district and all subsequent development and use of the tract shall be in accordance with the approved plan and conditions. No building permit shall be issued for any development within a C-O district except in accordance with an approved Special Use Permit. If any condition imposed under the Special Use Permit is found to be illegal, the approval of both the Special Use Permit and the GO district zoning map amendment shall be null and void, and the tract shall be rezoned. 6. Changes and Modifications Changes to the boundaries of a C-O district shall require compliance with the ii��`'.:fi Zoning Map Amendment procedures of Sec. 303. Changes to an approved �.tYYa �w Special Use Permit for a C-O district shall be processed in accordance with the procedures and standards of Sec. 306-13, page 26. ..... may...<Y'it.....i............................................................................................................................................................... x' Wilmington/New Hanover County 50 (December 6, 1996 Draft) Unified Development Ordinance ......................... A.rticle..VI/Overlay and Special. Purpose.Zonin6 Districts ............................................. O Sec. 602/C-O, Conditional Overlay District 7. Lapse of Special Use Permit n If no building permit has been issued for subject tract within 24 months of the �J date of approval of the Special Use Permit, the [INSERT OFFICIAL] shall initiate action to simultaneously'rezone the C-O district to its previous zoning classification and revoke the Special Use Permit. Sec. 603/ HD-R, Historic District (residential) 603-1 Description The HD-R, Historic District -Residential district is established to provide sufficient land area for single-family and other residences within specified areas, including any previously l� zoned Historic District. 603-2 Uses Principal uses allowed in the HD-R district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the HD-R district shall comply with the regulations of Sec. 703 that begins on page 117. 603-3 Dimensional Standards Development within the HD-R district shall be subject to the dimensional standards of L Article VIII, that begins on page 129. 603-4 Additional Requirements and Standards Before work is begun on any construction, alteration, demolition, moving or any other activity that would substantially alter the appearance or character of any appurtenant feature within the HD-R district, a Certificate of Appropriateness shall be required from �} the Historic District Commission. No permit for such work shall be issued until a Certificate of Appropriateness is approved, in accordance with Sec. ?. [19:132 and 19- 133] Sec. 604/ HD, Historic District 604-1 Description The HD, Historic District is established pursuant to Article 19 of Chapter 160A of the General Statutes of North Carolina. The purposes of the HD district are to: A. protect and conserve the heritage of the city, county, and state; B. safeguard the character and heritage of the community by preserving the district as a whole and individual property therein that embodies important elements of its social, economic, political or architectural history; C. promote the conservation of such district for the education, pleasure and cultural enrichment of residents of the district and the city, county, and state as a whole; and D. stabilize and enhance the property values throughout the Historic District as a whole, thus contributing to the improvement of the general health and welfare of residents and visitors. a �a 4 v, Fi :v ...................................................................... . .......... ,YY.......... 124 Wilmington/New Hanover County y DUnified Development Ordinance (December 6, 1996 Draftj } 51 II t'{ Article Vi/Overlay and. Special Purpose 2onin6 Districts ..................................................................................... Sec. 604/HD, Historic District 604-2 Uses Principal uses allowed in the HD district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the HD district shall comply with the regulations of Sec. 703 that begins on page 117. 604-3 Dimensional Standards Development within the HD district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 6044 Additional Requirements and Standards Sec. 605/ PUD, Planned Unit Development District ?[Consists Largely New Provisions] 605-1 General A. Description The PUD, Planned Unit Development district is intended to encourage innovative land planning and site design concepts that achieve a high level of environmental sensitivity, energy efficiency, aesthetics, high -quality development and other community goals by: 0 5. Reducing or eliminating the inflexibility that sometimes results from strict application of zoning standards that were designed primarily for individual lots; 6. Allowing greater freedom in selecting the means to provide access, light, open space and design amenities; n 7. Promoting quality urban design and environmentally sensitive development by u allowing development to take advantage of special site characteristics, locations and land uses; and ( j 8. Requiring compliance with development standards that reflect the high level of public investment in adjoining lands. B. Intent 0 By allowing more flexibility than base zoning districts, the PUD district is intended to result in: n 1. A maximum choice in the type of environment and living units available to the public; 2. Greater access to open space and recreation areas; 3. A pattern of development that preserves trees, outstanding natural topography, and geologic features, and prevents soil erosion; 4. A creative approach to the use of land and related physical development; 5. An efficient use of land resulting in smaller networks of utilities and streets and thereby lower housing costs; 6. An environment of stable character that is compatible with surrounding >- development; and 7. Enhancement of the quality of development in recognition of the level of public •"Y`<: X<>'"�,, investments in the neighborhood. 7'..�.' h, .. f ......tii..ni....... C ;i.................................................................................................................................... .......................... r Wilmington/New Hanover County 52 (December 6,1996 Draft) Unified Development Ordinance .Article VUO_ve__rlay and Special Purpose Zoning Districts Sec. 605/PUD, Planned Unit Development District C. Developer's Statement of Intent Each application for a PUD shall contain a statement by the applicant describing how the proposed development departs from the otherwise applicable standards of this UDO and how the proposed development, on balance, is an improvement over what would be required under otherwise applicable development regulations. D. Effect on Base Zoning District Standards Lands classified in the PUD district, shall be subject to the standards of the PUD district and the underlying zoning district. In the event of conflict between the standards of the PUD district and the underlying zoning district, the standards of the PUD district shall control. Unless specifically authorized by the regulations of this section and approved as part of a PUD plan in accordance with the procedures of Sec. ?, the base zoning district and other applicable standards of this UDO shall control development within a PUD. 605-2 Use Regulations A. Standard Uses PUDs may include all of the uses that are allowed in the base zoning district. B. Support Commercial PUDs in MR-H and more restrictive districts may include all uses allowed in the NB, o Neighborhood Business district, provided that commercial development within the PUD may not exceed a ratio of 40 square feet per dwelling unit or more than 30 percent of the land within the PUD, whichever is less. 605-3 Dimensional Standards A. District Size There is no minimum district size requirement for a PUD district, although a PUD zoning classification request may be denied if the Governing Body determines that the PUD will not include adequate land area to ensure compliance with sound planning practices and the intent of this section. n B. Lot Size uThere is no absolute minimum lot size requirement for development within a PUD district. Minimum lot sizes, if any, shall be established during the PUD review and ry approval process. C. Residential Density The maximum density of residential development within a PUD district shall not exceed the maximum density allowed by the underlying zoning district, unless approved as part of the PUD review and approval process. Land intended for commercial, office and institutional, and industrial uses shall also be subtracted from the gross site area.. .t4�kth7 �4A, .+£ k........?........ ........................................................................................................................................................f`ii�l : Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draft) 53 Article VI/Overlay and. Special.Purnose ZoninO .D i.st.ri.cts Sec. 604/HD, Historic District D. Setbacks There are no minimum setback standards for lots within a PUD district provided that: 1. Buildings located on the periphery of the PUD shall be setback a minimum of 30 feet from the PUD district boundary. 2. No building shall encroach upon the right-of-way of a proposed thoroughfare as designated by the Thoroughfare Plan. E. Height The Planning Commission may recommend and the Governing Body shall be authorized to vary maximum building height limits of the underlying base zoning district, provided that such alterations would not adversely affect properties surrounding the PUD. 605-4 Additional Requirements and Standards A. Approval Procedures PUDs shall be reviewed and approved in accordance with the procedures of Sec. ?. The approved Final PUD Plan shall control development within a PUD. B. Public Improvements, Facilities and Services All facilities and improvements shall be provided and installed in accordance with otherwise applicable standards of this UDO and all other applicable requirements, unless otherwise specifically allowed by this section. C. Streets and Rights -of -Way Streets and rights -of -way must be provided in accordance with all applicable City or County standards, provided that narrower rights -of -way and roadways may be approved by the [INSERT REVIEW/DECISION-MAKING BODY], with the approval of the [INSERT OFFICIAL]. They may be approved where conditions, particularly topography or the size and shape of the PUD, make it impracticable to provide buildable sites or where special design features of the PUD make the standard widths unnecessary. D. Thoroughfares The development shall have direct access to and from an existing major or minor arterial. Sec. 606/ hD-O, historic District (overlay) 606-1 Description The HD-O, Historic Overlay district is established pursuant to Article 19 of Chapter 160A of the General Statutes of North Carolina. Lands classified in the HD-O district shall be subject to the standards of the HD-O district and the underlying zoning district. In the event of conflict between the standards of the HD-O district and the underlying <' zoning district, the standards of the HD-O district shall control. The district is A"; ? > . established for the purpose of `mow" �' •` Y, x;�'.;• mil? `.�' t� 0. _.... =::Y...la.. Gi+......................................................... 54 (December 6, 1996 Draft) I I 0 IF 11 I 11 0 I 0 .............................................................................. Wilmington/New Hanover County Unified Development Ordinance r] ... Article VI/Overlay and Special Purpose Zonin6 Districts ...................................... .... fl Sec. 602/HD-O, Historic Overlay District A. protecting and preserving areas which, as a result of their architectural significance, historic importance, or their overall aesthetic qualities, are important elements of the character and heritage of the city, county, and state; . B. Safeguarding the qualities of a HD-O district as a whole and individual property therein which embodies important elements of the HD-O district's social, economic, cultural or architectural traditions; C. promoting the conservation of neighborhood resources for the continued use, education, pleasure and enrichment of the residents of an HD-O district and the city, county, and state as a whole; and D. stabilizing property values within a an HD-O district as a whole, and thereby contributing to the improvement of the general welfare of the community. 606-2 Uses Principal uses allowed in the HD-O district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the HD district shall comply with the regulations of Sec. 703 that begins on page 117. 606-3 Dimensional Standards Development within the HD-O district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 6064 Additional Requirements and Standards Before work is begun on any construction, alteration, demolition, moving or any other activity that would substantially alter the appearance or character of any appurtenant feature within the HD-O district, a Certificate of Appropriateness shall be required from the Historic District Commission. No permit for such work shall be issued until a Certificate of Appropriateness is approved, in accordance with Sec. ?. [19-132 and 19- 133] Only alterations, restorations, reconstruction, new construction, moving or demolitions, visible from public rights -of -way, except alleys, shall be required to obtain a certificate of appropriateness. Any principal structure used as a residence shall not require a certificate of appropriateness for the color of paint. Sec. 607/ DW-O, Dawson Wooster (corridor) Overlay District 607-1 Description Lands classified in the DW-O, Dawson Wooster (corridor) Overlay district, shall be subject to the standards of the DW-O district and the underlying zoning district. In the event of conflict between the standards of the DW-O district and the underlying zoning district, the standards of the DW 0 district shall control. 607-2 Uses The principal uses allowed in the DW-O district are those allowed within the underlying base zoning district, as modified by the following regulations. A. Uses Prohibited in CB District The following land uses shall be prohibited in CB zoning districts within the DW-0: 1. Automotive services<>.xr' 2. Flea markets ••------...--••.................•----••-•--.............................---.......--- s`=='-........... Wilmington/New Hanover County ' 'Y .,s Unified Development Ordinance (December 6, 1996 Draft) 55 0 Article VI/Overlay and §Racial PurRose Zoning Districts ........................ .. Sec. 607/DW-O, Dawson Wooster (corridor) Overlay I Bowling alleys and pool halls B. Uses Requiring Special Use Permits in CS District The following uses shall be allowed in CS zoning districts within the DW O only after review and approval of a special use permit, in accordance with the procedures of Sec. ?: 1. Automobile and truck dealers 2. Automobile renting and leasing 3. Automobile repair shops 4. 5. Automotive services Boat dealers, including repair n ,uJ 6. Building materials dealers - 7. 8. Contractor's equipment dealers Fuel and ice dealers 9. Motor freight companies 10. 11. Movers, van lines and storage Package delivery services 12. Recreational vehicles dealers 13. Shipping brokers, freight and cargo 14. Warehousing, general n 15. Wholesale trade of durable and nondurable goods _ �J C. Uses Prohibited in CS District (1 The following land uses shall be prohibited in CS zoning districts within the DW-O: 1. Bowling alleys and pool halls 2. Bus and taxi services 3. Communications facilities 4. All contractors (residential, special trades, etc) with open storage of materials 5. Drive-in theater 6. Electric motor repair 7. Fruit and vegetable market, wholesale 8. Gaibage collection, private 9. Launders, industrial 10. Manufacturing uses (All) 11. Marinas 12. Mini -warehousing 13. Manufactured housing dealers 14. Outdoor advertising signs 15. Railroad facilities 16. Ship chandlers 17. Small engine repairs 18. Veterinary services with open pens 19. Water transportation 20. Welding, repair vtv fi ,.a w: v Z'aty} 4r`t`vtn`v 56 (December 6, 1996 Draft) .............................................. Wilmington/New Hanover County Unified Development Ordinance 11, 0 0 ............. .._. _ _ .Article_ V_ UOverlay and Special Purpose Zoning Districts Sec. 602/HD-O, Historic Overlay District D. Nonmanufacturing Uses Allowed in LM District In LM zoning districts within the DW-O, nonmanufacturing uses shall be prohibited, except the following. 1. Accessory structures or uses 2. Contractors uses, except no outdoor storage of materials 3. Governmental uses 4. Internal service facilities 5. Offices, not elsewhere classified 6. Parks and recreation areas, municipal 7. Principal use on -premise sign 8: Utility stations and plants 607-3 Dimensional Standards Uses within the DW-O district shall be subject to the dimensional standards of the underlying base zoning district, except as specifically modified by the DW-O district standards of this section. Q607-4 Additional Requirements and Standards A. Land Use Buffers For new commercial development which abuts residentially -zoned property, the following buffering standards are required: 1. The minimum buffer shall be a Type A bufferyard with the fence option, as defined in Sec. ?, consisting of a 7-foot wide buffer strip, containing a 6-foot tall solid fence as one row of the required 2-row buffer. 2. Where the size of the commercial development warrants additional buffering under the provisions of the UDO (.e., a Type B bufferyard with the fence option), the added buffering shall be provided in a buffer strip of at least 10 feet in width (or larger if specified in the UDO) one row of this buffer shall be a 6- foot tall solid fence. B. Lighting For all new commercial development in the corridor, the following lighting standards shall be observed: 1. No site -lighting poles or structures shall exceed 10 feet in height. 2. All lighting fixtures shall be designed to avoid direct or indirect lighting of any area off the site on which the lighting fixture is located. C. Access l Access to commercially -zoned parcels which abut Wooster Street east of Third Street shall be from Wooster Street only. D. Drivewaysc, New residential and commercial development on Dawson and Wooster Streets shall, use shared driveways where possible so as to limit the total number of driveway;; �r} connections to the thoroughfares. .................................................................................................... .`.... ;i' qs ............ Wilmington/New Hanover County ::v�. DUnified Development Ordinance (December 6, 1996 Draft) 57 Article VI/Overlay and Special Purpose Zoning,Districts Sec. 607/DW-0, Dawson Wooster (corridor) Overlay E. Entryway Landscaping All street yard landscaping required under Sec. ? [19-174] of these regulations shall comply with the requirements of the entryway landscaping plan with regard to appropriate spacing and types of plant materials. n Sec. 608/ WE-O, Wrightsville Avenue (corridor) Overlap District 1rJ 608-1 Description Lands classified in the WR-O, Wrightsville Avenue (corridor) Overlay district, shall be subject to the standards of the WR-O district and the underlying zoning district. In the event of conflict between the standards of the WR-O district and the underlying zoning district, the standards of the WR-O district shall control. 608-2 Uses The principal uses allowed in the WR-O district are those allowed within the underlying base zoning district, as modified by the following regulations. A. Uses Allowed with Special Use Permit in the 0&1 District D The following land uses shall be allowed in O&I zoning districts within the WR-O district only after review and approval of a special use permit, in accordance with the procedures of Sec. ?: 1. Business services, not elsewhere classified 2. Child day care 3. Churches 4. Libraries 5. Restaurant --standard G. Spas an d health clubs 7. Telephone communication facilities 8. U.S. Postal Service Fj 9. Veterinary services with enclosed pens U B. Uses Prohibited in the 0&1 District The following land uses shall be prohibited in O&I zoning districts within the WR-O district. 1. Associations or organizations 2. Banking 3. Convenient food stores 4. Funeral homes and crematories 5. Furniture and other home famishing stores 6. Golf course, private or public with related services, including pro shops 7. Labor unions 8. Motels and hotels 9. Restaurant, fast food carry -out k 10. Service stations 11. Social services, not elsewhere classified n. .f.ZA•.. }Y ......................... fnr..41. ................................................................................................................................. ' Wilmington/New Hanover County 58 (December 6, 1996 Draft) Unified Development Ordinance ,.... Article VI/Overlay and Special Purpose Zoning Districts ..................................................................................... ........... ................. ................... .................. Sec. 608/WR-O, Wrightsville Avenue (corridor) Overlay District C. Uses Allowed with Special Use Permit in the CB District The following land uses shall be allowed in CB zoning districts within the WR-O district only after review and approval of a special use permit, in accordance with the procedures of Sec. ?: 1. Auxiliary uses and wares 2. Business services, not elsewhere classified 3. Child day care 4. Contractors office with no open storage of materials 5. Laundry 6. Libraries 7. Restaurant --standard 8. Spas and health clubs 9. Telephone communication facilities 10. U.S. Postal Service 11. Veterinary services with enclosed pens D. Uses Prohibited in the CB District The following land uses shall be prohibited in CB zoning districts within the WR-O district. 1. Arcades 2. Associations or organizations 3. Automotive services, except repairs 4. Bowling alleys and pool halls 5. Commercial divers 6. Convenient food store 7. Grocery stores 8. Flea markets 9. Funeral homes and crematories 10. Furniture stores 11. Gunsmiths 12. Liquor stores 13. Miniwarehouses 14. Motels and hotels 15. Motion pictures production 16. Movie theaters 17. Outdoor advertising signs 18. Restaurants, fast food carry -out 19. Service stations 20. Skating rink, roller or ice 21. Tire dealers and service E. Uses Allowed with Special Use Permit in the CS District The following land uses shall be allowed in CS zoning districts within the WR-O district only after review and approval of a special use permit, in accordance with the procedures of Sec. ?: 1. Auto care centers 2. Automobile and truck dealers ' ........................................................................................................................... .. . :......... <: .. � �x � . Wilmington/New Hanover County ram'' Unified Development. Ordinance (December 6, 1996 Draft) 59 .Artic.lVIlOverlax and Special Purpose Zoning Districts ........ le. e......... Sec. 608/WR-O, Wrightsville Avenue (corridor) Overlay 3. Automobile renting and leasing 4. Automobile repair shops 5. Auxiliary uses and wares 6. Boat dealers 7. Building materials dealers 8. Business services not elsewhere classified 9. Contractors' equipment dealers 10. Fuel and ice dealers 11. Laundry 12. Motor freight companies 13. Movers, van lines and storage 14. Package delivery services 15. Recreational vehicles dealers 16. 17. Restaurant --standard Shipping brokers, freight and cargo 18. Spas and health clubs 19. Warehousing, general 20. Wholesale trade of durable and nondurable goods . F. Uses Prohibited is the CS District The following land uses shall be prohibited in CS zoning districts within the WR-O district: 0 1. Arcades (� 2. Associations or organizations �f 3. Automotive services 4. Bowling alleys and pool halls 5. Bus and taxi services 6. Commercial divers 7. Communications facilities 8. Convenient food stores 9. All contractors (residential, special trades, etc) with open storage of materials 10. Drive-in theater n 11. Electric motor repair U 12. Fruit and vegetable market, wholesale 13. 14. Furniture stores Garbage collection, private 15. Grocery stores 16. 17. Gunsmiths Launders, industrial 18. Liquor stores 19. All manufacturing uses 20. Marinas 21. Miniwarehousing 22. Manufactured housing dealers 23. Night clubs a 4• 24. Outdoor advertising signs - - - #„;t 25. Railroad facilities 26. Restaurants, fast food carry -out �,4.? *ems 27. Service stations aP;�,------------------------------•----------------•---------....-•------.....-------------------------------------------------..---------- x Wilmington/New Hanover County 60 (December 6, 1996 Draft) Unified Development. Ordinance Article VI/Overlay and Special Purpose Zoning Districts Sec. 608/WR-O, Wrightsville Avenue (corridor) Overlay District 28. Ship chandlers 29. Small engine repairs 30. Veterinary services with open pens 31. Water transportation 32. Welding, repair 33. Movie theaters 34. Outdoor advertising signs 35. Restaurants, fast food carry -out 36. Service stations 37. Skating rink, roller or ice 38. Tire dealers and service 608-3 Dimensional Standards Uses within the WR-O district shall be subject to the dimensional standards of the underlying base zoning district, except as specifically modified by the WR-O district standards of this section. 6084 Additional Requirements and Standards A. Building Scale New nonresidential or multi -family structures in the WR-O district shall not exceed 3,000 square feet or 25 percent of the lot coverage of the site, whichever is less. Proposed structures exceeding these dimensions shall be allowed only after review and approval of a special use permit, subject to the prerequisites outlined in Appendix C of the Wrightsville Avenue Land Use Plan that was adopted by Governing Body on February 20, 1990. B. Exterior Building Materials Exterior building materials for all new nonresidential or multi -family structures in the WR-O district shall be limited to the following. 1. Wood frame 2. Stucco 3. Brick 4. Shingles 5. Vinyl, masonite or aluminum siding designed to resemble wooden lap siding or shingles 6. A combination of the above -listed materials C. Roof Pitch All new nonresidential or multi -family structures in the prescribed WR-O district shall be limited to a 4-12 or higher pitch roof. D. Facade Orientation The orientation of all new nonresidential or multi -family structures in the WR-O district shall follow. the dominant orientation of structures along the block face in which the structure is located. Wilmington/New Hanover County DUnified Development Ordinance '^ d OC x",� Y $Lilt ............................................................. . ..... •.f+ti t ........... (December 6, 1996 Draft) 61 Article_ VI/Overlay and Special Purpose Zoning Districts Sec. 608�WR-O, Wrightsville Avenue (corridor) Overlay E. Location of Off -Street Parking All new nonresidential or multi -family structures in the VVR-O district shall locate the required off-street parking in the interior side or rear yard of the sites. No off-street parking shall be located in the front or street side yard of the site. F. Front Setback of Proposed New Construction All new nonresidential or multi -family structures in the WR-O district shall be set back a minimum of 20 feet from the Wrightsville Avenue street right-of-way. In those instances in which adjoining properties have a setback less than the specified 20 feet, new nonresidential construction may be placed in alignment with the average setback of existing structures along the block face in which the new structure is located. G. Building Height All new nonresidential or multi -family structures in the WR-O district shall be built to a height no greater than two stories or 25 feet in height, whichever is greater. M Lighting All new nonresidential or multi -family developments in the WR-O district shall be restricted to site lighting of the following height: 1. Unrestricted lighting- 10 feet 2. 90-degree cutoff lighting. 15 feet L Signs All nonresidential property in the WR-O district shall be subject to the sign size and setback standards for the O&I district with regard to freestanding signs. In addition, freestanding signs shall be a maximum height of 12 feet. No internally illuminated freestanding signs shall be permitted. Existing signage shall be subject to amortization within 8 years of original adoption date of the WR-O district regulations. J. Streetscape Architectural Components All new nonresidential or multi -family structures in the WR-O district shall contain door and window openings consistent with those found in the adjacent streetscape. Blank facades shall not be permitted on the Wrightsville Avenue frontage of the structure. B- Standards for Conversions and Additions to Existing Structures The following design standards shall apply to conversions and additions to existing nonresidential or multi -family structures. 1. The construction of an addition to existing structures in the corridor shall be placed in the rear of the structure where site dimensions and orientation permit. The size and scale of the addition shall be limited in size so that the addition 's shall contain no more than 50 percent of the square footage of the original 1 building. A-1 2. The attached addition shall be designed in a manner that is compatible with the > t, new use to which the structure will be placed, and shall also be designed for ;s{R............................................. .z: 62 (December 6, 1996 Draft) ............................................................................... Wilmington/New Hanover County Unified Development Ordinance It ill I L LIM I I I I I --...., _- Article VI/Overlay and Special Purpose Zoning Districts .................................................. ............................. Sec. 608/WR-O, Wrightsville Avenue (corridor) Overlay District compatibility with the structure itself, and with buildings in the adjacent �j neighborhood or immediate streetscape. The design may be contemporary in nature, but should reference design features from the original structure including building materials, building openings and height. The addition shall not be Q constructed of materials not found in the existing streetscape, shall not feature blank facades, and shall not be out of scale with the original building 3.. The urban design standards for new construction (see Sec. ? [19-37.1(3)(a)]) Q shall be observed for building scale, off-street parking, front setback, building height, site lighting and signage.. 4. For all new construction, conversions or additions involving nonresidential uses on comer or double frontage lots, driveway access to Wrightsville Avenue shall be prohibited, except where such access would conflict with the provisions of Sec. ? [19-49(d)]. OSec. 609/ COD, Conservation Overlap District 609-1 - Description The COD, Conservation Overlay district is intended to protect important environmental and cultural resources. Protection of these resources is necessary to maintain diverse and ecologically important natural systems; to preserve estuarine systems important for finfishing and shellfishing; to provide open space; and to retain the community's archaeological and historical heritage. Lands classified in the Conservation Overlay district, shall be subject to the standards of the Conservation Overlay district and the underlying zoning district. In the event of conflict between the standards of the Conservation Overlay district and the underlying zoning district, the standards of the Conservation Overlay district shall control. 609-2 Applicability The development and improvement of property, including the subdivision of land, shall be subject to these performance controls if the parcel of record is located wholly or partially within a COD and if conservation resources, as specified in Sec. ? [59.4-3], are associated with the parcel of record as of December 1, 1984. The following uses, however, are exempted from these controls: A.. The development of one single-family detached structure, one residential duplex, or the location of two or fewer mobile homes on a parcel or lot. B. Commercial, industrial, office or institutional development involving a land disturbance of less than one acre in area. C. The development or subdivision of a parcel that meets both of the following conditions: 5. No part of the development or subdivision shall be located within a distance equal to or less than the minimum setback distance (specified in Sec. ? 59.4-5) of any conservation resource or space existing on the parcel or on a contiguous parcel of record. 6. No part of the development or subdivision shall be located on any portion of the?;". parcel that is part of the upper drainage basin for any conservation resource orlr space on the parcel or within the specified setback on a contiguous parcel ©; record.` A ' M1v�r �w: ........................................................................................................................................................ .t<.......... < 0: t........... ;.•• Wilrhington/New Hanover County A r Unified Development Ordinance (December 6, 1996 Draft) 63 Article VI_/Overlay and Special Purpose. Zoning Districts . Sec. 609/COD, Conservation Overlay District 609-3 Conservation Resources If a parcel of record as of December 1, 1984, is associated with any one of the conservation resources having the minimum distinct areas listed below then the parcel shall be subject to the following performance controls. Official maps of and information concerning these resources shall be maintained by and shall be available for review at the [INSERT OFFICIAL]. These maps shall be updated as needed by the [INSERT OFFICIAL] and shall serve as the official source by which to determine if a parcel is associated with Conservation Resources. 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 Sec. ? [59.4-5] extends into the parcel. - ........ _. ..... _...... .. . _............... .; . Ecolo `cal Resources :...: . . .. .. __. . . Miniinum'distiIICC area :::`: Swamp forest 2.5 acres Pocosin 2.5 acres Savannah 2.5 acres Natural ponds 0.1 acre Freshwater marsh 0.1 acre Brackish marsh 0.1 acre Primary nursery areas 0.1 acre Barrier island -beach complex(including dunes 0.1 acre Maritime shrub thickets 1.0 acre Salt Marsh 0.1 acre Animal and Plant Natural Areas of Special Significance no limit .. - Archeolo cal/Historical Resources ... 609-4 General Performance Controls for Conservation Space The following general performance controls for conservation space apply to all uses within a COD that are subject to controls: 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. 2. Conservation space may not be reserved provided the development or subdivision of the parcel meets the condition specified in Sec. ?. [59.4-2(3)(a).] If the development or subdivision does not meet the condition specified in Sec. [59.4-2(3)(b)], then, the development or subdivision shall meet applicable drainage and setback regulations specified in Secs. ?. [59.4-4(5) and 59.4-5.] 3. Conservation space shall not be required to be reserved for Swamp Forest, ' Pocosin or Savannah if the total acreage of minimum distinct areas on the parcel $' k. is less than five acres. 4. The followingworksheet and procedure shall be used to calculate the minimum amount of conservation space required. ..........--•••-••................••...... ----------------...... ---...._..... r--------.-•-....... ?x- --�;r tom.-- '-•-• y Wilmington/New Hanover Count 64 (December 6, 1996 Draft) Unified Development Ordinance I 11 0 I I I I 0 11 Article VI/Overlay and Special Purpose Zoning Districts Sec. 609/COD, Conservation Overlay District a. 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. Multiply each of the listed acreage in column 2 by factors listed in column 3. Place each answer in column 4. c.. Add the acreage in column 4 to determine total minimum conservation space required. d. Subtract the total minimum conservation space from the total gross parcel to determine the maximum amount of developable land. 11 5. . The total amount of conservation space that shall be reserved shall be equal to or exceed the total minimum conservation space required. 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. . 6. 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. Conservation Space and Developable Land Worksheet ount on Conservation Minimum Resource Parcel, x S pace Factor Conservation ... :::::. Ac S ace P . . Column I Column Column 3 : Column 4 ;;`:;: . :.;::;. :::. _ 2 Swamp Forest 5 in. 5 acres X 0.5 = Pocosin 5 in. 5 acres X1 0.5 = Savannah 3 in. 5 acre xj 0.5 = Natural Pond 8 X 1.0 = Fresh Marsh 6(Mn. one acre X 0.8 = Brackish Marsh 9 X 1.0 = Primary Nursery Area 13 X 1.0 = Barrier Island -Beach Complex 11 X 0.9 = Maritime Shrub Thickets 10 X 0.7 = Salt Marsh 12 X 1.0 = Important Historical/Archeological Site X 0.9 = Animal/Plant Areas of Special Significance X 0.9 = Al ,. A .............................................. .. Wilmington/New Hanover County aUnified Development Ordinance A.sx V, A a .................... •.................... .fie\•^.••A"Z ............. (December 6, 1996 Draft) 65 Article Vi/Overiax and Special Purcose tonin8 Districts ........................... Sec. 609/COD, Conservation Overlay District Total Minimum Conservation Space Total Parcel Acreage Minus Total Minimum Conservation Space Equals Maximum Developable Land B. Transfer of Conservation Space Requirements Between Resource Conservation Areas In order to provide flexibility in site design, the minimum acreage of conservation area required 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 within a COD has 10 acres of swamp forest and 15 acres of fresh marsh. According to the worksheet, swamp forest has a conservation factor of 0.5 and fresh marsh as a conservation value of 0.8. Therefore, at least 5 acres of swamp forest must be reserved as conservation space (10 acres X 0.5 = 5.0 acres), and at least 12 acres of fresh marsh must be reserved (15 acres X 0.8 = 12.0 acres). If the developer, however, wishes to develop 7 acres of swamp forest, the developer may transfer 2 acres of the conservation space requirement for swamp forest to the fresh marsh because fresh marsh has a higher importance value than does swamp forest. As a result of the transfer, all 14 acres of the fresh marsh would be required to be preserved as conservation space while only 3 acres of swamp forest would be required to be preserved. C. 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 or utilities may be constructed through the conservation resource area. The road 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. 66 (December 6, 1996 Draft) .................. Wilmington/New Hanover County Unified Development Ordinance n I I 0 0 I I ___ ___ Article VI/Overlay and Special Purpose Zoning Districts Sec. 609/COD, Conservation Overlay. District D. 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 City or County for use as parks, recreation areas, or other suitable public purposes, or 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 of record may retain sole ownership of the conservation space. The conservation space shall not be subdivided. 4. The conservation space may become the property of a property owners' 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 public streets or dedicated walkways or by the fact of physical contiguity to 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. (1) The property owners' association or the non-profit organization shall be established before any lots are sold; (2) Membership shall be mandatory for each lot buyer, and any successive buyer, (3) The association shall provide for liability insurance, any taxes and the maintenance of all grounds and facilities; (4) Any sums levied by the association that remain unpaid shall become a lien upon the lot owner's property. E. Design Storm Stormwater runoff for the entire parcel shall 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 fo the specified design storm. The design storm is specified as occurring once event}";? 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 impetuous tC'< -------------------------------•----------.................__...--------.r,..Y� ...�� Wilmington/New Hanover County ``�,: Unified Development Ordinance (December 6, 1996 Draft) 67 a Article VI/Overlay and,Snecial Purpose Zonin6 Districts .......................... t ........... ............ Sec. 609/COD, Conservation Overlay District 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 waterbodies 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. F. Buffer Strips Buffer strips, if required in accordance with Sec. ? [67], shall not be extended through a conservation space areas. G. Historical and Archaeological Sites D 1. If a developer wishes to develop an historical or archaeological site, the n developer shall either: 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: O (1) Description of site; (2) Relevant historical documentation/background research; (3) Research design; a (4) Field studies as actually implemented including any deviation from the design and the reason for the deviation; (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 O anticipated development; (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; or b. Give access rights for investigating the site and acquisition rights to artifacts n fU' to the [INSERT OFFICIAL] or its designated agent for a period of at least 60 days between issuance of the building permit and any development of the that impact the site. property would 609-5 Additional Performance Controls for Conservation Lands In addition to the general performance controls specified in Sec. 609-4, the additional controls of this subsection shall be required to protect certain conservation resources in certain zoning districts. The following `Fable of Additional Performance Controls" lists for each resource and district the reference number of the group of additional controls D �> that shall be required. If the parcel being developed is associated with two or more conservation resources with conflicting performance controls, then the most restrictive controls shall apply. However, improvements as specified in Sec. ? [59.4-4(3)] shall be U ........................................•----------------......------.....-•----...--------...........••--•---.........--- �. Wilmington/New Hanover County a68 (December 6, 1996 Draft) Unified Development Ordinance .. Article VI/Overlay and Special Purpose Zoning Districts Sec. 609/COD, Conservation Overlay District 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. Table of Additional Performance Controls A. Group 1 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 10 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 Engineering Department. B. Group 2 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 parceY1:,"4W a distance of at least 75 feetNr .� .......................................................................................................................... ... .. ......------ Wilmington/New Hanover County. Unified Development Ordinance (December 6, 1996 Draftj 69 Article VI/Overlay and.Special Purpose Zoning Districts ........................... Sec. 609/COD, Conservation Overlay District 2. Retention of Runoff In addition to designing the site to control stormwater from a 10 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 Engineering Department. C. Group 3 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 10 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 Engineering Department. D. Group 4 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 10 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 Engineering Department. Sec. 610/ AR, Airport Residential District 610-1 Description The AR, Airport Residential district is established for the purpose of limiting the "° development of land within the vicinity of the New Hanover County Airport to low yy, .x >µ� density residential development. In promoting the general purpose of this UDO, the `Y specific purposes of the district are to: V <* ....:� y . < ... ... �..........................................•..................•---•-.....--...---....------....----------......................---...--------.......... Wilmington/New Hanover County 70 (December 6, 1996 Draft) Unified Development Ordinance i� I I I 11 I 0 Article VI/Overlay and Special Purpose Zoning Districts QSec. 610/AR, Airport Residential District A. Minimize hazards to aircrafts caused by excessive density; B. Prohibit the development of places of assembly such as schools, hospitals, rest homes or other uses that tend to concentrate large numbers of people; and, C.- Promote the health safety and general welfare of the residents and visitors by preventing the creation of airport and aviation hazards, thereby protecting the lives and property of the users of the airport and of occupants in the vicinity and preventing destruction or impairment of the utility of the airport and the public ainvestment therein. 610-2 Uses Principal uses allowed in the AR district are shown in the Use Table of Sec. 701 that begins on page 79. Accessory uses within the AR district shall comply with the regulations of Sec. 703 that begins on page 117. 610-3 Dimensional Standards Development within the AR district shall be subject to the dimensional standards of Article VIII, that begins on page 129. 6104 Additional Requirements and Standards DA. Lighting 1. A pulsating, flashing, rotating, oscillating, or other type of light intended as an attention -getting device shall be expressly prohibited. 2. Flood lights, spot lights, or other lighting device shall be so arranged or shielded as not to cast illumination in an upward direction above an imaginary line (� uB. extended from -the light source parallel to the ground. Radio and Electronic Interference D1. Any radio or electronic device shall be permitted only in conjunction with a valid license or other authorization as may be issued by the Federal Communications Commission. a 2. Any radio or electronic device, the operation of which would violate any rules or regulations of the Federal Communications Commission is expressly prohibited. QC. Visual Hazards Any operation or use which emits, smoke, dust or creates glare or other visual hazards is expressly prohibited. Q Sec. 611/ A-O, Airport Overlay District P aY D 611-1 Description The A-O, Airport Overlay district is adopted pursuant to the authority conferred by North Carolina General Statute Chapter 63; Sections 63-30 through 63-37. It is intended to reduce airport hazards that endanger the lives and property of users of the New Hanover County Airport and of occupants of land in its vicinity. Accordingly, it is4 declared: (1) That the creation or establishment of an airport hazard is a public nuisattG..e, and an injury to the region served by the New Hanover County Airport; and (2) T# ai`it is , w .......................................................... ... ............ Wilmington/New Hanover County t X Unified Development Ordinance (December 6, 1996 Draft) 71 Article VI/Overlay and Special Purpose ZoninB_Districts .......................... ....................... Sec. 611/A-0, Airport Overlay District necessary in the interest of public health, public safety, and general welfare that the creation or establishment of airport hazards be prevented. Lands classified in the A-O district, shall be subject to the standards of the A-O district and the underlying zoning district. In the event of conflict between the standards of the A-O district and the underlying zoning district, the standards of the A-O district shall control. 611-2 Applicability Pursuant to North Carolina General Statutes 63-31(d), the regulations of this section shall to all areas depicted on the New Hanover County Airport Height Zoning Map, including areas within the City of Wilmington and Pender County. 611-3 Map The A-O district, which includes all of the land lying within the Primary subzones, Instrument Approach subzones, and Non -Instrument Approach subzones is shown on the New Hanover County Airport Height Zoning Map dated December, 1971.'�i .................................................... 611-4 Subzones The A-O district consists of five subzones, which are hereby established and defined as follows: A. Primary Subzone (A-O/P) The A-O/P, Airport Overlay/Primary subzone consists of surface longitudinally centered on the runway, extending 200 feet beyond the end of that runway (the end -of the runway does not include any overruns or blast pads). The width of the Primary subzone is 1,000 feet for both precision instrument runways (23 and 34) and for Category "D" non -precision instrument runways (5 and 16). This Primary subzone extends for a distance of 500 feet on either side of the runway center line and at right angles thereto. B. Instrument and Non -Instrument Approach Subzones (A-O/IA and A- O/NA) The Instrument and Non -Instrument Approach subzones are longitudinally centered on the extended runway center line and extending outward and upward from each end of the Primary subzone. Instrument and Non -Instrument Approach subzones are applied to each end of each runway based upon the type of approach available or planned for that runway end. 1. Instrument Approach Subzone (A-O/IA) The inner edge of the A-O/IA, Instrument Approach subzone is the same width as the Primary subzone (1,000 feet) and it expands uniformly to a width of 16,000 feet. The Instrument Approach subzone extends for a horizontal distance of 50,000 feet beyond the Primary subzone, its center line being a continuation of the center line of the runway. This applies to existing precision instrument Runway 34 and to existing Runway 23 for future precision instrument status. sa�Yk w zv ... t..1�. ....................................................................... 72 (December 6, 1996 Draft) I I I I Ii I J I i .............................................................................. Wilmington/New Hanover County Unified Development Ordinance (� Article VI/Overlayand Special Purpose Zoning Districts ........................................................... ...................•••.•.•... Sec. 611/A-O, Airport Overlay District 2. Non -Instrument Approach Sub- (A-0/NA) The A-O/NA, Airport Overlay/Non-Instrument Approach subzone is used on runways in Category"D" (visibility minimums as low as 3/4 mile). The inner edge of the Non -Instrument Approach subzone is the same width as the Primary subzone (1,000 feet) and it expands uniformly to a width of 4,000 feet. The Non -Instrument Approach subzone extends for a horizontal distance of 10,000 feet beyond the Primary subzone, its center line being a continuation of the center line of the runway. This applies to existing runways 5 and 16. C. Transitional Subzone (A -OM The A-O/T, Airport Overlay/Transitional subzones are established adjacent to the Primary subzone and Approach subzones as indicated on the zoning map. Transitional subzones symmetrically located on either side of the Primary subzone and Approach subzones have variable widths as shown on the zoning map. These subzones extend outward and upward at right angles to the runway center line and the runway center line extended at a slope of 7 to 1 from the sides of the Primary subzone and from the sides of the Approach subzones for their entire lengths. Within the confines of the periphery of the Horizontal subzone, the Transitional subzone extends at a slope of 7 to 1 until it has reached an elevation of 150 feet above the established airport elevation (intersects the Horizontal subzone). The Transitional subzone along the Approach subzones flare symmetrically along either side and slope outward and upward at a slope of 7 to 1 until they intersect the Horizontal subzone. Transitional subzones for those portions of the Instrument Approach subzone which project through and beyond the limits of the Conical subzone are parallel to the Approach subzone outer limits and extend a distance of 5,000 feet on each side of the Approach subzone as measured horizontally from the edge of the Approach subzone and at right angles to the runway center line extended. These Transitional subzones intersect and are terminated as shown on the Airport Height Zoning Map .at the periphery of the Conical subzone: D. Horizontal Subzone (A-0/I1) The A-O/H, Airport Overlay/Horizontal subzone is a horizontal plane 150 feet above the established airport elevation, the periphery of which is constructed by swinging arcs of 10,000 feet in radii from the center of each end of the Primary subzone of each runway and connecting the adjacent arcs by lines tangent to those arcs. E. Conical subzone (A -O/C) The A -O/C, Airport Overlay/Conical subzone extends outward and upward from the periphery of the Horizontal subzone for a horizontal distance of 4,000 feet. 611-5 Height Limitations Except as otherwise provided in this Section, no structure or tree shall be erected, altered, allowed to grow, or maintained'in any subzone created by this Section to a height in 2;' excess of the height limit herein established for such subzone. Nothing in this Section.4<4-,, shall be construed as prohibiting the growth, construction, or maintenance of any tr,.pi'4 structure to a height up to 150 feet above the established airport elevation except utigtp" same comes in conflict with the Primary subzone, Transitional subzone, and the tip` oac}�} ................................................................................................................................................... .......yt.t.Y. .......... Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draft) 73 Article Vi/OverlaX and Special.Purpose ZoninB.Districts ......................... .............. Sec. 611/A O, Airport Overlay District subzones (both types). Such height limitations are computed from the established airport elevation and are hereby established for each of the subzones in question as follows: A. Primary Subzone (A-O/P) The elevation of any point on the Primary subzone is the same as the elevation of the nearest point on the runway center line. B. Instrument Approach Subzone (A-0/IA) a One (1) foot in height for each fifty (50) feet in horizontal distance (slope of 50 to 1) beginning at the Primary subzone and extending outward for a horizontal distance of 10,000 feet. Then one (1) foot in height for each forty (40) feet in horizontal distance (slope of 40 to 1) for an additional horizontal distance of 40,000 feet. This applies to existing precision instrument Runway 34 and to existing Runway 23 for a possible future precision instrument status. n C. Non -Instrument Approach Subzone (A-0/NA) One (1) foot in height for each thirty-four (34) feet in horizontal distance (slope of 34 to 1) beginning at the Primary subzone and extending outward for a horizontal distance of 10,000 feet. D. Tranaitional Subzone (A-0/7) n One (1) foot in height for each seven (n feet in horizontal distance beginning at the U Primary subzone and the Approach subzones, (within the periphery of the Horizontal subzone) and extending upward the distance required to reach a maximum height of 150 feet above the established airport elevation of 31.00 feet above mean sea level (intersects the Horizontal subzone). Transitional subzones for those portions of the instrument Approach subzone which U project through and beyond the limits of the Conical subzone shall have a height limit of one (1) foot in height for each seven (7) feet in horizontal distance beginning at the elevation of the Approach subzone and extending outward for a horizontal distance a of 5,000 feet (as measured at right angles to the runway center line extended) parallel to the said instrument Approach subzone. These Transitional subzones intersect and are terminated, as shown on the Airport Height Zoning Map, at the periphery of the Conical subzone. E. Horizontal Subzone (A-O/H) A horizontal plane 150 feet above established airport elevation of 31.00 feet. The horizontal subzone going at an elevation of 181.00 feet above mean sea level. F. Conical subzone (A -O/C) One (1) foot in height for each twenty (20) feet in horizontal distance (slope of 20 to 1) beginning at the periphery of the Horizontal subzone and extending outward for a horizontal distance of 4,000 feet. Al G. Multiple Subzones a } Where an area is covered by more than one height limitation, the more restrictive shall prevail. ..................................•------...-------•--------- ......1y-:tt�................................................................................................ Wilmington/New Hanover County aw>'� 74 (December 6, 1996 Draft) Unified Development Ordinance n Article VI/Overlay, and Special Purpose Zoning Districts .......................... ................... Sec. 611/A-O, Airport Overlay District 611-6 Use Restrictions Notwithstanding any other provisions of this Section, no use may be made of land or buildings within any subzone established by this Section in such a manner as to create electrical interference for flyers to distinguish between Airport lights and others, result in glare in the eyes of flyers using the Airport, impair visibility in the vicinity of the Airport, or otherwise endanger the landing, taking off, or maneuvering of aircraft. 611-7 Regulations Not Retroactive The regulations prescribed by this section district] shall not be construed to require the removal, lowering, or other changes or alteration of any structure or tree not conforming to the regulations as of [INSERT EFFECTIVE DATE?] or otherwise interfere with the continuance of any nonconforming use. Nothing herein contained shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to [INSERT EFFECTIVE DATE?] and is diligently prosecuted. 611-8 Marking and Lighting Notwithstanding the preceding provision of this Section, the owner of any 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 Manager to indicate to the operators of aircraft in the vicinity of the Airport, the presence of such airport hazards. Such markers and lights shall be installed, operated, and maintained at the expense of the Governing Body or the Federal Aviation Administration. 611-9 Permits A. Future Uses Except as specifically provided in this subsection, no structure or tree shall be erected, altered, planted, or otherwise established in any subzone hereby created unless a permit therefore shall have been applied for and granted. Permits for any type of construction exceeding the height restrictions in this UDO may be requested by applying for a special form that may be obtained in the [INSERT OFFICIAL] office. Each application for a permit shall indicate the purpose for which the permit is desired with sufficient particularity to permit it to be determined whether the resulting use, structure, or tree would conform to the regulations herein prescribed. If such determination is affirmative, the permit shall be granted. 1. In the area lying within the limits of the Horizontal subzone and the Conical subzone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground, except when, because of terrain, land contour, or topographic features, such tree or structure would extend above the height limits prescribed for such subzone. 2. In the area lying within the limits of the instrument and the non -instrument Approach subzones, but at a horizontal distance of not less than 4,200 feet from;;, each end of the runways, no permit shall be required for any tree or structure... �...ra less than 75 feet of vertical height above the ground except when such tree.. � v structure would extend above the height limit prescribed for such instruffi— nt or^ non -instrument Approach subzones.;> Wilmington/New Hanover County---------------------••-------•---------...-------...----....-•-----.....-�«..........�---...---- Unified Development Ordinance (December 6, 1996 Draft) 75 [I' Ar_t_icle VI/Overlayand Special Purpose ZoninO Districts .............................................................. Sec. 611/A-0, AirportOverlay District 3. In the areas lying within the limits of the Transitional subzones beyond the perimeter of the Horizontal subzone, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground except when such tree or structure, because of terrain, land contour, or topographic features would extend above the height limit prescribed for such transition subzones. 4. In the other areas of Transitional subzones, no permit shall be required for any tree or structure less than 75 feet of vertical height above the ground except where a lower height limitation has been established by the requirements of this Section, and the property owner has been notified by letter of such limitation. Such specific height limitation, upon determination and notification by certified mail to the property owner shall be incorporated in this Section by reference as if set forth in full. Nothing contained in any of the foregoing exceptions shall be construed as permitting or intending to permit any construction, alteration, or growth of any structure or tree in excess of any of the height limits established by this Section as set forth in Sec. ? [?Old Section IV]. B. F.3dating Uses No permit shall be granted that would allow the establishment or creation of any airport hazard or permit a nonconforming use, structure, or tree to be made ?tS#t£on [INSERT EFFECTIVE DATE?] or any amendments thereto or than it is when the application for a permit is made. 611-10 D. Hazard Marldng and Lighting Any permit or variance granted may, if such action is deemed advisable to effectuate the purpose of this Section and be reasonable in the circumstances, be so conditioned as to require the owner of the structure or tree in question to permit the Governing Body, at its own expense, to install, operate, and maintain thereon such markers and lights as may be necessary to indicate to flyers the presence of an airport hazard. Trees Whenever a tree that is conforming to the requirements of this section on the [INSERT EFFECTIVE DATE] grows to a point that is in violation of any height herein specified, the owner of such tree shall allow the [INSERT OFFICIAL] to remove or lower such tree to a point that will make the tree comply with the height specified. Such removal or lowering of trees shall be done at the expense of the Governing Body. 76 (December 6, 1996 Draft) .............................................................................................. Wilmington/New Hanover County Unified Development Ordinance I I I I I ill 0 NIl I III I Article VI/Overlay and Special Purpose Zoning Districts Sec. 612/WSW-O, Water Supply Watershd O everlay Sec. 612/ WSW-O, Water Supply Watershed Overlay 612-1 Description The WSW-O, Water Supply Watershed Overlay district is intended to preserve and protect the water quality of surface water supplies from pollution as a result of activities from new construction, as well as existing development. The preservation of these potable drinking water supplies is important to the orderly growth of the City and County and serves to ensure that primary and secondary sources of drinking water are available to serve existing and future populations. The regulations of this district are mandated by the Water Supply Watershed Protection Act, (NCGS 143-214.5). Lands classified in the WSW O district, shall be subject to the standards of the WSW-O district and the underlying zoning district. In the event of conflict between the standards of the WSW-0 district and the underlying zoning district, the standards of the WSW O district shall control. 612-2 Applicability The development and improvement of property, including the subdivision of land shall be subject to the WSW-0 regulations of this section if the parcel of record is located within the water supply watershed. The following uses, however, are exempted from the WSW O regulations of this section 612: A. The development of a single-family dwelling; one residential duplex, or the location of two or fewer mobile homes on a parcel or lot of record where permitted by the underlying zoning district; B. The installation and maintenance of water, sewer, electrical and other utility systems where it can be demonstrated that the installation causes only minimal disturbance of the water supply-, C. Agriculture, subject to the provisions of the Food Security Act of 1985 and the Food, Agriculture, Conservation and Trade Act of 1990; and D. Silviculture subject to the provisions of the Forest Practices Guidelines Related to Water Quality (15 NCAC 1I.6101-.0209). 612-3 Water Supply Watershed Resources Official maps of and information pertaining to the water supply watershed shall be maintained by and shall be available for review at the [INSERT OFFICIAL]. These maps shall serve as the official source by which to identify the boundaries of the watershed. 612-4 General Development Standards The following general development standards shall apply to all land development that is subject to the WSW-O. A. Agriculture Existing or new agricultural activities conducted after January 1, 1994 shall maintain a minimum 10-foot vegetated buffer, or equivalent buffer as determined by the Soil Conservation Service, adjacent to the shore line of the water supply. .yv "Wilmington/New Hanover County ....................................................... Unified ��. •-------.. Unified Development Ordinance (December 6, 1996 Draft) 77 Article V_ 1/Overlax and Special Purpose Zoning.Districts ............................... Sec. 612/WSW-0, Water Supply Watershed Overlay B. Nonresidential Uses All nonresidential activities except as noted above shall be limited to a built -upon area not to exceed 24 percent of the site. Additionally, nonresidential uses that store toxic or hazardous wastes or other contaminants that are listed in SARA, Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances) in any amount will not be allowed unless they provide a spill containment plan approved by the Director of Emergency Management. Such plans shall be updated every two years. Local response to spills shall be in accordance with the Basic Plan, Appendix 8, Hazardous Materials of the New Hanover County's Emergency Operations and Hurricane Evacuation Plan. C. Residential Uses The maximum allowed density for new subdivisions, including Performance Residential Developments, shall not exceed that permitted by the RA district. 612-5 Stormwater Management All development locating within the water supply watershed boundary shall provide a stormwater management plan for the entire parcel. The stormwater must 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 a ten year storm does not exceed the peak rate of discharge from the site in its previous natural condition. Additionally, all development shall provide on -site retention or percolation areas 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. All structures shall be setback at least 100 feet from the mean high water line. Sec. 613/ VIP, Wellhead Protection District RESERVED Sec. 614/ WS, Watershed Protection District RESERVED C•: x;.x s' +�}v ; k 4 �• ty„� .......y..}�: .... G' ........................... 78 (December 6, 1996 Draft) ................................................... Wilmington/New Hanover County Unified Development Ordinance 0 I 0 7 Il Ill I'� � I Fit II Ii Article VII/ Use Regulations Q Sec. 701/ Use Table n Table 701 (pages 81-93) lists the principal uses allowed within zoning districts. u 701-1 Q Uses Permitted By -Right A "P" indicates that the corresponding use is allowed by -right in the respective zoning district, subject to all applicable UDO regulations, including the Use Standards of Sec. 702. 701-2 © Special Uses An "S" indicates that the corresponding use is allowed only after review and approval of a Special Use Permit, in accordance with the Special Use review procedures of Sec. ?. U Special Uses are subject to all applicable UDO regulations, including the Use Standards U of Sec. 702. U 701-3 ❑ Uses Not Allowed �J If a "P" or an "S" does not appear in a zoning district column for a particular use, that use shall be prohibited in the respective zoning district, unless otherwise expressly aallowed by other regulations of this UDO. 701-4 SIC Numbers The SIC numbers shown in the first column of Table 701 refer to use categories established in the Standard Industrial Classification Manua4 published by the U.S. Department of Commerce. This UDO relies on an SIC -based classification system for many nonresidential land uses.'The SIC numbers help to define uses and guide administrators in making similar use interpretations. The SIC numbers shown in Table 701 shall be interpreted as follows: aA. historic District The following rules shall apply in the Historic district: D1. Two -Digit Codes When a two -digit SIC number is shown for a use any of the uses listed under the same numeric category in the SICManual may locate in the Historic district in the same manner as the specified use (i.e., as a use permitted by -right or by Special Use Permit). 2. Three- and Four -Digit Codes When a three -digit or four -digit SIC number is shown. for a use only the specified use may locate in the Historic district, in the manner indicated (.e., as a n use permitted by -right or by Special Use Permit). iJ 3. No SIC Number When no SIC number is shown for a use only the specified use may locate in the Historic district, in the manner indicated (i.e., as a use permitted by -right or by Special Use Permit). B. Districts Other Than Historic Districts The following rules shall apply in all zoning districts except the Historic district H:2o <C' W % .. vA = Wilmington/New Hanover County y M1 Unified Development Ordinance (December 6, 1996 Draff) 79 Article VII/Use Regulations............................................................................................................. ...................................... ............ Sec. 701 /Use Table 1. Two-, Three- and Four -Digit Codes When a two-, three- or four -digit SIC number is shown for a use any of the uses listed under the same numeric category in the SIC Manual may locate in the Historic district in the same manner as the specified use (i.e., as a use permitted by -right or by Special Use Permit). 2. No SIC Number When no SIC number is shown for a use only the specified use may locate in the district, in the manner indicated (.e., as a use permitted by -right or by Special Use Permit). 701-5 use Standards The "Use Standards" column of Table 701 refers to special use standards applicable to a particular use in one or more of the districts in which such use is allowed. The referenced regulations appear in alphabetical order in Sec. 702, that begins on page 94. I All `"ti= ••'Y .... ..1f?...vim........ j�,`•i .e�j.......................................................................... 80 (December 6, 1996 Draft) .................................................... Wilmington/New Hanover County Unified Development Ordinance a 10 3 Of 0 able 701 . . ............... ... .. . ..... ......... ..... x::::', ... .. .... .................... . ............ ... . . . ... ............... H A 20 IR 2015107 3 3 F F F H & BB B MMDD D RC ...... ..... ..... ........ ...... ..... ........... .. ........... ............... .. .... .... .... S L M H P I D R ....... .... ... .... ............. RESIDENTIAL USES ................ . .... ....... . . ............. .. Sin pje-Famfly, Detached P PIPIP p p PIPIP p PI I I PI I p p PI I Single -Family, Attached P P P P P PIPIP p p I IPI I I p I -A Duplex S S SS S PIPIP P p I 1PI P I p p P 1 See 702-15 6 Triplex PPP P p I IPI P I P S I See See q7O2-15 5702-1 5 C— Quadraplex PIPIP p p IPI p P S I See §702-151 C— Multi-Family, Including Townhouses Ip p P 1PI P I P S. I See 5702,31 0 Manufactured Housing Development S S S S p I I I I C- Manufactured Housing Subdivision S S S S I SI C— Manufactured Housing Park S S S S S P I I I p I e Manufactured Housing Unit S S P P I S S P See q702-25 6 Manufactured Housing Unit, Double -Wide P P P S #SS P P See �702-25 6 lHanned Unit (See PUD zoning district 5 5 5 5 S S S e .... .............................. ............... ::: ........... CIVIC USES ...... ....... ........... ........... .... .. .. ....... .. .... .. ..... ....... ........... ........... ........ . ...... ... .... ....... ...... ........ 7033 Cam in Travel Trailer Parks S SISIS I I I I Ip p I Ip I I I Community Boating Facility S SISIS S I I-SI S I See 702-2 Cultural Arts Center, Including Theaters, Offices, I 84 Classrooms P PIP P P S S F Governmental Uses Outside Public Rights -of -way, Except Offices S S S S S S S S S 5 P P P P PIP S S 823 Libraries P PIP S S S S SIS S S S PIP P P P P S S P P See §702-24 F 8411 Museums, Art Galleries P P PPP P SISI e Parks And Recreation Areas PIPIP P P PIPIPIP P P P p P P P PIPIP p S SIP 821 Schools, Elementary And Secondary ISIS.S S SIS SIS S S P P P P P I S.S S See q702 -38 5 _ 41 I A-12 Schools, Colleges And Universities S S S S S P P p P p S T- �ocial rvices, Not Elsewhere Classified I 1PIP P P P f; Postal Service 44 1PPP P P -1 F. ............. ............................. ............. .. ...... . ...... ......... 8041 Chiropractors I I 1PPP IPIPI IS1 I I I F. NY able YF M Use Type s� ;kw ........... Y �Communi Center Q i 836 Day Care Facilities, Adult 835 Day Care Facilities, Child i 802 Dentists and Dental Laboratories 8059 Family Care Home v Health Services -doctors Offices, Clinics and Sup 80 Laboratories P F P P P S 806 Hospitals, Except Animal Hospitals S S S S S P P P PI I I I See 805 Nursinjz and Personal Care Facility S S S S S P F P P P P See 80 Optometrists; O thamolo fists P F P P P S 80 Physicians and Surgeons I I I I PIP P P P I S 8049 Psychologists I I PIP P PIP I S Residential Care (Home for Aged, Handicapped Care, 836 Etc. P P P S S S S S S S S S P P P P See Special Congregate Facilities S S S S S S S S S S S S S S S S MEMBE »: .. . {p Associations or Organizations, Civic, Social And IPIP = C) 86 �p O ; Fraternal P P P See a 866 Churches P P P P P I I I IPIP P P P P P P I P I P p Z N �p 7021 Dormitory, Private I I I I I I S S ISI S (D Evangelistic And Religious Assemblies Not Conducted 1PIP 'D_ at a Church P P P P P P P P P P IP P !1f O i 7041 Fraternity And Sorority Houses Is S S S S S S S S P P P I I I See 4 863 Labor Unions And Similar Organizations I P P P P P P P P Lodges Fraternal & Social Organizations (Except 0: Ci ; 86 Residential) S S S Is, I I I I 1PPP P P I IS, I See 7 O O C 866 Reliious Institutions S S S S S S S S S P P P P P S S See 7389 N................. S ecial Fund Raisin For Non Profit Or zations .... ,..... ... . P <.... P . P P .:: P ..1-- ....... P . P P P P P P P P P E o; p Cr m• E E 36 R fi -5 N 17 D P 35 i� Table 701 ............ ......... ........ .. . ....... .. ............ Use Type....... ....... . . BaseDistricts ..... ..... §' e"CUse.. ......... .......... .. .. ................... . ....... ...... ........ Discnccs Scan ................................ ... .... I ........ .............. ..... .......................... ................... . ........... ........... .......... . ........... ......... R RRRRRR MMMMONRCCLHPH H A S::: . A 20 3 3 F F F H & B B S B MMID D DO R C .... .......... .. ............. 52015107 L M H P I D R .0 Z Antenna & Towers less than 70 Feet in Height and (D 48 Ancillary to Principal Use PPP P P 'PI P PPP 1PIP, 41 Bus And Taxi Service p P P p P P 0 a 0 1 6553 Cemeteries S S S S S S ISI See V024 4493 Commercial Marina with Floating Structures S S SIS1 I I SISIPIS S P See §702-28 4493 Commercial Marina S S SISIS S PPP P P See q702-27 0 (D Communication Facilities, Including Radio And Tv 0 48 Stations, Cellular Telephone Facilities, Towers, Etc. P P PIPIPIP See 702-6 C 49 Electric/Gas & Sanitary Services P p P P P P p P P P PIPI PIPI 49 Electrical Sub -stations S S S S S 1p P P P P P P S PI 4225 Mini -warehousing 6 S P P P P See 702-29 42 Motor Freight Companies P P P 4214 Movers, Van Lines And Storage p PIP p 48 Other Communication Facilities Including Towers S S S S S S S S S Ip P S IS S See 702-6 46 Pipe Lines, Except Natural Gas IP P I f: Railroad Facilities, Including Passenger And Freight 40 Stations Outside of Railroad Rights -of -way _P'PjP P Ship Chandlers I 1 1, P PIPIP f 47 Shipping Brokers, Freight And Cargo I I I I I p PIPIP f (D 48 Telephone & Telegraph Facilities p S SISIS S S SIS S S S PIP P P P P P S S PIP Sce§702-45 3 Utility Stations and Plants Outside Public Rights -of - way (Public and Private) Including Lift Stations, 0% 49 Substations, Pump Stations S S S S S S Sjs� S S S PIP P P P I ISee V02-47 f 4225 Warehousing, General PIS P P P I See §702-48 Water Transportation, Including Docks, Tugboats, 0'. 44 Barges, Excursion Boats I II1 P P P p P I f ................ ....... E INSURANCE AND REAL.E$.TATE:::.USES :"::"::::*'::::*'::"::'::"::::'::' ............................ ... ....... "{j 190(p Liax-Acing IPIPIP P P I I I P See 5702-14 E- 49 and Loan Association p p P P P P 702-14 E- CID CIO : .11 Credit gencies Other than Banks P p P P ti F 62 Security and Commodity Brokerages P p P V� 0 CD able %: ........... .............. JVU. . ........ .................................. ...........Use ...... .... ............ .. . ... ........ . .... .. ................................... is 1C.. ......... ... ......... .. ............. ...... ......... ................ ........... (D 63 64 Insurance Agencies, Including Related Services 65 Real Estate and Appraisers Offices 0% PXTA14-*::OFF10Ei TRADRAND -SERV.ICE.:.USii§;::::::::: %0 8931 Accounting Offices %0 Adult Establishment 0 731 Advertising Agency Alarm System And Other Protective Services Amusement & Recreation Services, Not Elsewhere 7999 Classified 5931 Antique Shop 5722 Appliance Dealers - Household 7993 Arcades With Coin Operated Amusement Devises 7333 Artists, Commercial Including Silk Screening 5999 Arts And Crafts Shops Automobile Cam Center 551 Automobile, And Truck Dealers, New or Used 0 753 Automobile Repair Shops Z 751 Automobile Renting And Leasing 553 Automobile Parts And Supply Store 0 Automotive Services, Except Repair (Cleaning, Polish, 754 Towinj� 546 Bakeries, Retail 724 Barber Shops 723 Beauty Salons D 0 7011 Bed and Breakfast C 0 (D 5941 Bicycle Shops, Including Repairs 555 Boat Dealers, Including Repairs 5942 1Book Stores • �111 :SCE■W��C:e::: I,:��CN��II000CC :�IIRA■�9��CC1110 IIIIIIIR■CCi��og�ll■ ICCIIIC�� N� iiiiin�e��iv See See EM IM IM ow- i� cX) CA Table 701 RJ�O�R R R R R R M M M M 0 N R C LIHIP H H A S IL ........ ............. A 20 15 10 7 5 3 F F F H & BBS IC B I MMDD D R C ... .. ...... LMHP I D R C: 521 Building Material Dealers I I P PPP p P I 73 Business Services, Including Printing I Ip P P P Ip —P I I 739 Business Services, Not Elsewhere Classified I 1P P P P PI I 5946 Camera and Photography Supply, IncludingRepair P P P PI IiE 5441 Candy Stores I P P P P I I I 5713 J Carpet Cleaners At Customer's p P P P Ei Carpet and Rug Dealers, Including Other Floor 7217 Material and Service P P P P P lE 596 Catalogue Stores P P P P 6 7699 Chimney and Furnace Cleaning I I 1PIP P P 56 Clothing Shops I I P P P P P P I I 1P 7997 Clubs, Membership Sports& Recreation S SISISIS I 1p P P P P P I 1PI 752 Commercial Parking Lots I S Ii. P P S S S SISI I 737 Computers an I d Data Processing Services 1PIP P P P I I 1 1 14 541 Convenience Food Stores S I Is S S SISIS S S SIPIP P P P P P PIS IS- See 702-9 E 733 Cop g and Duplicating Services I I I I 1PIP P P P I I 5451 Dairy Stores I I P P P P I 791 Dance Hall, Including Studios & Schools I Ip P P P P 53 Depa=ent and Variety Store I I P PIPI I I 7399 Divers, Commercial I PIP P PIP P I 7833 Drive-in Theater I I P P I 591 DruStores g IP P P P P P I P K 7694 Electric Motor Repair Shop I I P P _P I 736 Employment Agencies or Contractors I P I P P P P I I Enj�inecring, Architectural and Surveying Offices p III P P P P S # 4 Entertainment Establishments, Bars, Cabarets, Discos Ig 8- - �_S 1 "opping Center P P P P P 63 5 51�t 9;ertainment Establishments, Bars, Cabarets, Discos 5 P P P P_ 735 lEguipment Rental and Leasing __j TPIPI P P 11� 00 le I ....... .......... .... .% .......................... ........... . . .... , . ...................... ... :...:..:..:.:. .:.: .:..:.. .I..., ...... ...... . ............. .......... . ...... TYPe................... .. .. .... ..... . . .. ........ ......... ..... ...... ..... . lase istricts ... ....... ...... ... Special "''Districts: ......... Al .. X:X: . ... ..... ...... ........... ........ .... . - ........... . X t9n Standard 'V" ..... ....................... ....... ....................... .... .... ..................... ............................. ......... .. .. . .. ................. ....... .... ... R R R R R R R M MMMON R C L H P H H A S ..... .......... ......................... .................... X.: .............. ................ ....... ... ............ ....................... ... A 2 02 0 T [R 15 5 3 F F F H & B B S B MMDD D R C 52015107 L M H P I D R ...... .. . ... (D 7342 Exterminating Services-dwcllings and Other Buildings I P PIPIPIP I YI 3 593 Flea Market p p p P p I M .5992 Florist Shop P P P p P K :C 0% 726 Funeral Homes and Crematories p p P P P p N %0 57. Furniture and Other Home Furnishings Store I I I I IS P PIP P P P P See §702-18 K :0 0% 53 General Merchandise Stores I p P P P P a 5947 Gift, Novelty and Souvenir Shop I PIP P P P K Golf Course, Private or Public with Related Services I 7992 Including Pro Shop P P PIP P.P P PIP P P P P P P WI Government Offices & Buildings S S SIS S I 1PPP pi ip P P PIP 541 Grocery Stores I I I 1PIP PIPI P P E 702 Guest Lodging PPP p PI I I S A 7699 Gunsmith Shop, Including Repair P p P P G Handcrafting Small Articles P P P P P 525 Hardware Store P. P P P P P 58 Historic Restaurant Is I P P P P P P I I I AA 5945 Hobby, To and Game Shops I P P PIPIP I I IiE 3'Z Indoor & Outdoor Recreation Establishments, I I pa 799 Commercially Operated of Otherwise Classified) S SIS S P. P P P S P See 702-33 7899 Interior Design or Decorator Shop P P P. PIP F I 0 734 Janitor Services P P P P P 3 1111 5944 jewelry Stores 1PIP P P I I K (D O :3 8734 Laboratories, Testing p P P P P 0 M 7218 Launders, Industrial P 1PIP H Laundry, Dry Clewing And Laundromat Services, :3 0 721 Except Industrial P P P PIPIP P K 0 C I D 0 0 8111 Law Offices PIP P. P PI S (D 526 Lawn And Garden Stores P P P P 592 11 uor Stores P P P 7699 Locksmith Shop, Includin;Z Repair P P P Table 701 C ;.., :; :.: Ct ............ ....... .:..... ::.:::.: _• 3, V T'ppG . B13e DtStnct$ Spectai Distnct$.: Use 1'lcg , Standard : Grovlr c p R R R R R R R MMOI N R C C L H P H H A S:.;>:;>;:.;>:;;»:.::::.;;:::.;:.:.<,:<.;,;::,,. cb A 2 0 1 5 1 0 5 H& B B S B MMD D �6 (D S L M H P I D R —�• 0 O 527 Manufactured HousingDealers P P P D g 3 (D 5423 Meat Market IP P P PI I I IiE 59 Miscellaneous Retail Ip P P I P IP ON ' D O 701 Motels And Hotels S P P P P P I P I See 702-21 V 557 Motorcycle Dealers P P P P H j O 7832 Movie Theaters, Except Drive-in P P P P P P 9 (Op n 5733 Musical Instrument Dealers, Including Repairs P P P P P iE O; C 5949 Needlework Shops P P P P if 3 Night Clubs, Not Contained in Restaurants, Motels or 5813 Similar Business P Ph Office Equipment And Supplies Store, Including 5999 Repair P P P P P G Offices for Private Business & Professional Activities P P P P PIP P I P Offices For Use by Historic Foundation Controlling or I Owning a Historic Structure P IP P F Offices, Not Elsewhere Classified I I P I P PIP P P P SI Ig 5999 Optical Stores P P P P iE 799 Outdoor Shooting Ranges IS See 702-42 D ,--. 4215 Package Delivery Services, Commercial P P P P (D i 523 Paint, Glass and Wallpaper Stores P P P P P :p 3 i 729 Personal Services, Not Elsewhere Classified P P P P P P I P iz (D 722 Photography Studios P P P P P K C 0 5999 Picture Framing ShopPPPP °N ;A Printing, Commercial Except Screen Printing on Glass, I A r` 275 Plastic and Metal, and Engraving and Plate Printing P P P P P P P f 0 Fr Y`..'. 622 Radio and Television Stores, Including Repair I 'PIP P P P I P IP : C d Recreational Vehicles and UtilityTrailer Dealers P P P P K I;0 v t , 6 air Sho s, Not Elsewhere Classified P P I P I F. q ao ` p <. 919tarch Facilities P P P P v 7391 Research and Develo ment Laboratories P P P P P 3 0� 7011 7011 5812 5812 599 764 1 824 Hotels arant, Standard arant, Fast Food, Carry Out Stores, Not Elsewhere Classified holstery and Furniture Repair Office, Off -premises (Branch but Not Retail As, Correspondence and Vocational As, Specialty Training Schools (Non -degree 111111111111111iii1lip mill 829 Drivin Instruction, Fl*y, Modelin P F P P P P i 5422 Seafood MarketI Ip P P P 7699 Septic Tank Vacuum Service I I P 1PI P ' 554 Service Stations IPIP P P P P P P I I P ISee 702-40 1✓ 899 Services, Not Elsewhere Classified P PIP g 5949 Sewing and Piece goods Stores PIP P PI I 566 Shoe Stores P P P P a; 725 Shoe Repair Shops P P P P Z; Shopping Center P P PIPPIPI I I See 702-41 M (D 7999 SkatinjZ Rink, Roller or Ice I I P PIPPIPI I I I See 702-43 O 7699 Small Engine Repairs, Except Automotive P P P E = 3 pt 7299 Spas And Health Clubs P P P P P H p 5499 Specialty Food Shops P P P P I K n O A 5941 Sporting Goods Stores P P P P H o: p, 5943 Stationery Stores P P P PIP K c C 5699 Tailor or Dressmaker, Custom P P PIP n7362 (D E Temporary Personnel Contractor I P P P P P S I I$ of g cD 5531, Tire Dealers And Service P P P P P P fi 7549 TowingServices, Automobile And Truck p G 4722 Travel Agencies P PIT P P P 1✓ Table 701 Use T e YP Base Districts D stncts Standard 6mag .::.:::.:.:::.::::::...::..:...... .:. R R R R R R R R MMMMO NRC C LHPH H A S::::>:: SIC A 2 S 3 & BB S B D 52015107 L M H P I DMMDDRRC 5714 Upholstery Cleaners At Customer's P P P P 6 593 Used Merchandise Stores, Except Automotive Goods 1P PIP P I K Uses Established Prior to 1900 And in Continuous eration on The Same Site P P 763 lWatch, Clock And jewelry Repair P P P P P P $ 7692 Weldin Repair P P P 1; CONSTRUCTION REIATED:USES...:>:«>:::<:.`:;:::<<.::.::;.`::;: >:::> .... ::::.>:;>:::; C C: 15 Cone 152 153 Cony O e: Cone 16 Mari Cone 152 O e. Coni 17 With 171 Con i 176 With Con ,..� 508 Sery 5083 Fam (D � Cr m 078 Lanc WHOLES, Frui 0' __k,, � }< i o' vz Q 5148 Reta 5154 Live �5146 Whc actors, General I P1 1PIP P .actors, Building -residential Construction With No IF Storage P P P P 7actors, Heavy Construction; Grading, Paving, I IPIP ie P .actors, Building -residential Construction With Storage P S P P .actors, Special Trades --electricians, Plumbers, Open Storage P S P P P ,actors, Special Trades --electricians, Plumbers, No Open Storage P P P P P P ractors' Equipment And Supply Dealers And :e P P P P Implement Sales T_ P P P P scaoine Contractor P P P P And Vegetable Market, Wholesale With Incidental P P P tock Sales P esale Seafood W/water Frontage P P P P P esale Trade, Nondurable Goods Including Paper, s, Food, Clothing, Chemicals, Except Liquified Storage P I S I P esale Trade, Durable Goods Including votive Parts. Furniture. Hardware. Machinery P TSP P P See See See See See 7 f 7 f 7 I 8 f 8 f e f F o "b1e Use Type yr 5193 Wholesale Nurseries & Greenhouses ( p Wholesale Trade, Nondurable Goods Including Paper, .� 51 Drups, Food, Clothiny, Chemicals 0% I. MANUFXCTUWNG Vk 205 Bake Products, Wholesale 011 208 Beverages 3443 Boiler Shops 0 2065 Candy And Other Confectionery Products Chemicals And Allied Products Except Acids, Gases 28 And Glues 23 Clothing And Other Finished Fabric Products 5052 Coal Transfer Facility 264 Converted Paper And Paperboard Products 2491 Creosote Treatment !! ' isElectrical And Electronic Machinery, Equipment And 3 36 Supplies, Motors, Appliances, Tv jFabricated Metal Products, Except Boiler Shops, r* ; Machinery And Transportation Products, Metal 0 Coating, Engraving And Allied Services, Metal v Z Forgings, Screw Machine Products, Steel, Wire And < 0 34 Pipe Structural Metal Products And Ordnance 207 Fats And Oils 3 0 Food (Packing, Canning, Milling And Other Processes) 20 Except Stockyards or Slaughter of Animals =) 598 Fuel Oil Dealers 00 25 Furniture And Fixtures C) ? 4953 Garbage Collection, Private o Landfills 0 4925. Gas Companies(LP-bottled And Bulk Stora (D 4953 junk Yards, Scrap Processing 31 ILeather And Leather Products, Excluding Tannin Lumber And Wood Products (Millwork, Cabinets, a v■oRU Nonni �oee� ��oee �■oo� �■oo� P ci o Q G3 = tt� 17-- J. = = = = CZ:3 CZD 'C� C� C-7 = r- r-1' C= Table 701 c Zanin Distrucs 3 Use'i' a YP Base Districts Special Districts Use Standud 6ranp :.....: ; ,: p N .t R R R R R R R MMMMO N R C C L H P H H A S :....:.:...............:.:..:........:. -SIC A 20 20 15 10 7 5 3 F F F H& B B S B M M D D D R C::> >:::: N ............................................................................... Machinery (Engines, Construction, Tools) Except 35 Electrical P f 245 Manufactured Housing P P 0t11Measuring, Analyzing And Controlling Instruments; O: C. 38 Photographic, Medical And Optical Goods I P 1PIPIP O ? Meat Products Including Poultry, Seafood Processing n 't i 201 And SlaughteringP (D Ci 0 347 Metal Coatinp, Engraving And Allied Services P P f O 346 Metal Forgings and Stampings P I i 39 Miscellaneous Manufacturing Industries Gewelry, Toys) P P P I 781-2 Motion Pictures Production and Distribution P P P P See 702-30 i i 357 Office, Computing And Accounting Machines P P f i 348 Ordnance And Accessories S See 702-32 f Paper And Allied Products, Except Pulp And Paper 26 Manufacturing P f 265 Paperboard Containers And Boxes I 1PIP f 29 Petroleum Refining & Related Industries I i 326 Pottery And Related Products P I 1PIP 1 33 Primary Metal I I 1P c.--, (' N 33 Prima Metals Steel, Iron, Nonferrous P f 3 27 Printing And Publishing ews a ers, Books P P P P f N_ Recycling Facilities: Large Collection P P P P See 702-34 a Rec clip Facilities: Processin P P See 702-34 Recycling Facilities: Large Collection with Processing S See 702-34 0` sy Recycling Facilities: Small Collection P P P P P P P See 702-34 3 8 Refri ration, Heatin Air Conditionin Machine P P Ir 1<. Sanitation Services, Including Garbage And Waste " 4V§ , ncineration, And Sanitary Landfill S See 702-37 f " ,� . , Z42 gikMills And Planing Mills P 345 Screw Machine Products(Bolts, Nuts, Screws P P 495 ISeptam Disposal S See 702-39 (D 1 495 ISludpe Disposal 3 349 Steel, Wire And Pipe Stone, Clay, Glass And Concrete Products, Except 32 Cement, Lime, Gypsum And Plaster of Paris Structural Metal Products (Fabricated Structural Steel %0 %0 3441 For Buildings, Barges And BridgesO 22 Textiles (Broad Weave, Knit, Dyeinp, Carpets) 301 Tires And Inner Tubes 21 Tobacco Products 3799 Transportation Equipment, Autos, Boats .......... AGIUCULTIM:AND, 07 Agricultural Uses 091 Fishiny, Commercial 01 Fruit & Vegetable Stand on Same Parcel as Grown) 0752 Kennels (Commercial Boarders and Breeders 14 Mining & Quarrying in 799 Stables 0 074 Veterinary Services With Enclosed Pens Z 0:7::4:jVeterina!X Services With 02en Pens .................... ..... ..... .. .......... .... ....... .......... . .... .. .... ................................... ................ .... .. . ................. ................ SIGNS ....... :::::::: ..................... .......... I .............................. ................................................................ ................................... ................................................................................................. ............ 0 7312 Outdoor Advertising Signs 0 _Principal Use On-remiseSign (DO Temporag SiM 0 0 OTHER : USES ................... ' a C) Demolition Landscape Landfill =3 a a C High -Density Residential Development (Permitted IOnly Within Urban Transition Area 0 (D 04 IO�wr1111��C� �■�IIIIIBRC::� oa��nnoonum� �n�000�om 0�� R�Io��N�N1CC� f�NN�ISSS8S88�ICCm� IRIIII�SSSA88SS�� r��mo..�o.o.00m.�� eiee�ii�iiiiii�ll� f Sec. 702/ Use Standards 702-1 Adult Establishment Adult establishments shall be subject to the use standards of this subsection 702-1. A. Separation from Other Adult Establishments No adult establishment shall be located with 1,000 feet of another adult establishment, measured as the minimum horizontal distance between the lot lines of lots containing the uses. B. 'Other Separations Lots containing adult establishments shall be located at least 330 feet from the boundary line of any district zoned R-20S, R-20, R-15, R-10, R-7, R-5, R-3 MF-I, MF-M, MF-H, HD or HD-R Lots containing adult establishments shall be located at least 660 feet from the lot line of any school, church or public park. 702-2 Boating Facility, Community Boating Facilities shall be subject to the use standards of this subsection 702-2. E. The applicant demonstrates that the project will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. F. Off-street parking will be provided at a ratio of one space per boat slip. _ . G. The number of boat slips may not exceed the number of residential lots or dwelling units within the associated development. H. The right to use the facility must be conferred by an easement appurtenant to the residential project it is intended to serve. I. Commercial activities, including but not limited to the sale of gasoline, oil, marine supplies and food stuffs, shall be strictly prohibited. t 702-3 Bowling Alley Bowling Alleys shall be subject to the use standards of this subsection 702-3. 01 'IF 0 J A. The minimum lot size shall be one acre; and B. Site lighting shall be located so as not to shine or reflect directly onto any adjacent MF-H or more restrictive zoning districts. 7024 Cemetery Cemeteries shall comply with the requirements of the North Carolina State Health Department. 702-5 Club, Lodge, Fraternal and Social Organizations (Private, Nonresidential) Club, Lodge, Fraternal and Social Organizations (Private, Nonresidential) shall be subject to the use standards of this subsection 702-5. A. All new sites shall be at least two acres in size; B. Structures shall have minimum side and rear setbacks of 50 feet and front setback of at least 25 feet greater than that required for single-family residences within the district in which the use is located; and C. Provisions for food, refreshment, and entertainment for club members and their 4 . guests may be allowed in conjunction with such use if the Governing Body v determines that said provisions will not constitute a nuisance. M. "yC aft• ) Wilmington/New Hanover County Unified Development Ordinance ----------------------------......... .f,.............. (December 6,199 Draft) 93 Article Vll/Use Regulations .................................................................................................................................................................................. Sec. 702/Use Standards (702-6) 702-6 Communication Towers Communication towers, including cellular antennas and wireless communication towers shall be subject to the use standards of this subsection 702-6. A. Setbacks and Separations All towers shall be set back from adjacent property lines and other principal structures (except other towers) a distance at least equal to 60 percent of their height., PLU v ided that dis requircluent may be waived by written consellt Of tile attorney.affixted property owner (mid occapait where different fruin thf- awnt-0. �Fixv- foMix 0 Towers shall set back a distance at least equal to the height of the tower from AM-H and more restrictive zoning districts. B. Anchors and Support Cables Anchors and support cables shall be located wholly contained within the lot lines of the lot on which the tower is located. C. Height Towers may not exceed the maximum height permitted in the underlying zoning district by more than 20 feet, except pursuant to a special use permit. Towers shall not be allowed to exceed the height limit established for by the Airport Height Regulations of Sec. ? OtherD. Location with Towers shall be allowed to locate on the same lot as another principal use. as-M it"essury use on a site wiwre intudier use is already established as till pindp2d USE V flM ... ..• . StrUCtULe UEJLIUt 111CILe th.UL fOUL.. . developmentto cuniply with ..• curniiiies with these standALds. E. Engineering Drawings No tower may be constructed or permitted without a set of plans bearing an engineer's seal having first been filed with the [INSERT OFFICIAL]. 702-7 Contractors, General General Contractors shall be subject to the use standards of this subsection 702-7. A. All work shall be conducted entirely within enclosed structures; B. All outside storage of any materials must be screened with a Type B buffer in accordance with Sec. ?; and C. A paved or otherwise improved driveway shall be provided with access onto a major or minor thoroughfare. .b 702-8 Contractors, Special Trade pSV Y. r Special Trade Contractors shall be subject to the use standards of this subsection 702-8. {" S A. All work shall be conducted entirely within enclosed structures; and Yet•?).4 �• `'`,�{yY ^Y �,�,� r •��r; B. All outside storage of any materials must be screened with a Type,B buffer in ; •• a............................................................................................................................................................ Wilmington/New Hanover County 94 (December 6, 1996 Draft) Unified Development Ordinance ___________________________Article Vil/Use Regulations Sec. 702/Use Standards(702-8j................................................................................... accordance with Sec. ?. _ 702-9 Convenience Food Store Convenience food stores shall be subject to the use standards of this subsection 702-9. A. The total amount of land devoted to such use shall not exceed one (1) acre. B. The gross square footage of the structure shall not exceed 3,000 square feet. C. The use shall be limited to providing convenience food sales and gasoline sales to the surrounding residential area, provided that vehicular services such as, but not limited to, auto repair, sale of auto accessories, washing, etc. shall not be permitted. D. A convenience food store shall not be permitted within the interior of a subdivision. E. Specifications for a proposed principal use sign shall be submitted with the application for a Special Use Permit. F. Off -Street parking shall meet the requirements for retail uses. G. Fuel sales may be approved provided such sales shall be limited to one pump island located a minimum distance of 30 feet from any street right-of-way and 40 feet from any side or rear lot line. Overhead canopies shall be measured in accordance with ri Sec. 702-40. 702-10 Day Care, Child Child Day Care shall be subject to the use standards of this subsection 702-10. A. Six to 29 Children When a center is licensed for six to 29 children, inclusive, there shall be 75 square feet of outdoor play area per child for the total number of children for which the center is licensed. In addition, the total number of children on the playground shall not exceed the number the space will accommodate at 75 square feet per child. B. 30 or More Children When a center is licensed for 30 or more children, there shall be 75 square feet of outdoor play area per child for at least one-half of the total number of children for which the center is licensed, provided that the minimum amount of space on the outdoor play area must be enough to accommodate at least 30 children. In addition, the total number of children on the playground shall not exceed the number the space will accommodate at 75 square feet per child. C. Play Area Fencing The entire play area shall be enclosed by a fence having a minimum height of four feet and constructed in such a manner that maximum safety to the children is ensured. 1 D. Signs No outside sign in excess of four square feet in area shall be permitted except when such facility is located on an existing collector or arterial road, in which case the maximum sign area shall be 12 square feet.. All signs shall be nonilluminated. E. Compliance with State Law The construction and operation of such facilities shall comply with the provisioRt .6 •` iJ the General Statutes of the State of North Carolina and any other applicable f' Yal, y `Y state or local codes. ......................................................................... ..... ............. Wilmington/New Hanover County '>V''� Unified Development Ordinance (December 6, 1996 Draff) , 95 I Article Vll/Use Regulations ............................................................................................. ............................................................................. Sec. 702/Use Standards (702-10) 9 F. Drop-off and Pick-up Areas An off-street drop-off/pick-up area meeting the standards of this UDO shall be provided. A paved or otherwise improved driveway, with ingress and egress directly onto a public street, shall be constructed in such a manner as to provide entrance to and exit from the property without backing onto the street right-of-way. 702-11 Day Care, Adult Adult Day Cares shall be subject to the use standards of this subsection 702-11. A. Signs No sign exceeding four square feet in area shall be permitted and all signs shall be nonilluminated. B. Lot Size The minimum lot size shall be 5,000 square feet. C. Compliance with State Law The construction and operation of such facilities shall comply with the provisions of the General Statutes of the State of North Carolina and any other applicable federal, state or local codes. D. BuildingDesign gn In the CS district, adult day care facilities shall be located in a structure that is designed architecturally for a commercial streetscape. E. Residential Districts Adult day care facilities located in NT-H or more restrictive zoning districts shall comply with the provisions of Sec. 702-16. 702-12 Demolition Landscape Landfills A. Purpose The use regulations for demolition landscape landfills are designed to accommodate demolition landscape landfills and to: 0 5. Maintain the aesthetic quality, visual character and overall harmony of the area; and 6. Promote the maintenance of the area's environmental integrity and the overall health, safety, morals and welfare of the community by providing a review mechanism to ensure demolition landscape landfills are designed and developed in compliance with local regulations as well as those set forth by the Department of Environment, Health and Natural Resources, Division of Solid Waste Management Branch,10 NCAC 10 G, as amended. B. Applicability The demolition landscape landfill use standards of this subsection 702-12 shall apply L! fn to all proposed demolition landscape landfill sites except that the disposal of naturally occurring materials such as stumps, limbs, leaves, and dirt, that are generated on -site �Yr during the construction of residential projects shall be permitted provided the.141 j material does not exceed one-half acre foot and complies with the "Location" u .. .......--••-.......•••--.-•_.. Wilmington/New Hanover County 96 (December 6, 1996 Draft) Unified Development Ordinance a ............ . ... ....._.._.Article VII/Use Regulations Sec. 702/Use Standards (702-12) standards of this subsection. C. Location No demolition landscape landfill shall be located within 500 feet of any residence, church, school or place of assembly nor within 100 feet of any stream, creek, canal, u marsh, estuarine waters, lake, river or impoundment. The filling of lower lying areas with demolition landscape materials may be subject to Army Corps of Engineer's 404 permits and the Division of Coastal Management's major CAMA permit. D. Access All demolition landscape landfills shall have access from a platted and recorded arterial or collector street E. Visual Screening Demolition landscape landfills shall be screened from view of adjacent lots and public right-of-way. Visual screening shall consist of a minimum of three rows of vegetation in accordance with Sec. ? or earthen berms with screening plants of sufficient height to screen the landfill area from view. Protected trees need not be retained within the disposal area- F. Sedimentation and Erosion Control Owners of demolition landscape landfills shall be responsible for obtaining a Sedimentation and Erosion Permit in accordance with Sec. ?. G. Height Demolition landscape landfills shall not exceed 30 feet in height with side slopes not to exceed a 3:1 ratio. H. Signs One temporary sign not exceeding 32 square feet in area erected on the site during the period of landfilling activity shall be permitted. The sign shall include the owner and operator's names and telephone numbers and the hours of operation of the site. Upon cessation of the landfill operation, the sign shall be dismantled and removed with the exception of the landfill closure notification sign which shall be removed six months after closure. L Site Plana Detailed site plans for each demolition landscape landfill shall be required. The site plan shall be submitted in accordance with North Carolina Solid Waste Management Rules, Section .0500, as amended. Site plans shall be reviewed and approved in accordance with the procedures of Sec. 307. Site pims shA be submitted to +e T. Permits In accordance with the Department of Environment, Health & Natural Resources, Division of Solid Waste Management Branch, 10 NCAC 10 G, the applicant shall obtain an approval letter from the [INSERT OFFICIAL] having zoning authorjr.``' over the area where the site is to be located. A letter of approval issued by thqe�' [INSERT OFFICIAL] shall enable the applicant to apply for a demolition l d 11 + ----------------------------------------------------------------------------. .---------- Wilmington/New Hanover County Ordinance 6,199 Draff) 97 Unified Development (December Article Vli/Use Regulations ...................................................................................................................................................................... •........... Sec. 702/Use Standards (702-12) permit, per the requirements set forth in Section .0201 of the North Carolina Solid Waste Management Rules. H. Recordation of Disposal Site After obtaining all necessary permits, the owner shall have prepared a legal j ] description that is sufficient as an instrument of conveyance of the property. This (� description, along with a site map and a certified copy of applicable permits shall be filed for recordation with the Register of Deeds. The documents shall be filed under the name of the owner and shall specifically state that the site was granted a permit for disposal of demolition debris. After these documents have been properly recorded, a certified copy shall be filed with the ?OFFICIAL. n L Access to Site The owner of the disposal site shall ensure free and unobstructed access during n normal operation hours to officials charged with administering and enforcing this Iu( UDO. M. Enforcement and Penalties In addition to the enforcement and penalty provisions of this UDO the owner and �+ operator shall also be subject to the penalties prescribed in Section .0700 of 10 NCAC 10 G. N. Existing Demolition Landscape Landfills All existing landfills that do not have a valid permit shall be required to comply with the standards of this subsection immediately. 702-13 Dormitories, Private Private Dormitories shall be subject to the use standards of this subsection 702-13. A. There shall be a full-time, on -premises resident management staff associated with the facility and said staffing shall be of a level sufficient to adequately monitor and enforce the other requirements of this section; B. There shall be a plan for noise and solid waste management submitted to and approved by the Governing Body as part of the special use permit, C. There shall be adequate provision made for the recreational and laundry needs of the residents of the private dormitories; D. The density for private dormitories shall be that permitted for multi -family housing units in the zoning district in which the private dormitories are located. This density shall be determined as follows: When cooking and restroom facilities are located within the individual units of accommodation (apartment format), each individual l unit of accommodation shall be deemed to be equivalent to a single housing unit, and u when the individual units of accommodation are served by common cooking or restroom facilities, the equivalent density shall be based on the number of resident, with each three (3) residents being deemed equal to one (1) housing unit for density calculation purposes; A. E. There shall be a minimum of 250 square feet of heated floor area per resident of ]� private dormitories; K F. For private dormitories located with the MF-M and MF-H zoning districts limited restaurant, convention food service, and personal service facilities, in the manner of => lI> Internal Service Facilities (see Sec_ ?19.38(c)), may be permitted, provided such .a. a x Wilmington/New Hanover County 98 (December 6, 1996 Draft) Unified Development Ordinance ..................................................................Article VII/Use Regulations Sec. 702%Use Standards (702-13j facilities are designed to serve solely the residents of and occasional visitors to the !� dormitories in which they are located and are clearly incidental to the residential nature of the private dormitory use; G. The site design of private dormitory projects shall orient all recreational areas, fronts of buildings, parking facilities and other sources of activity away from any adjoining residentially -zoned areas; H. Private dormitory projects serving colleges or universities shall be located within 660 feet of a public bus route, with the distance measured from the closest point of the property on which the dormitory project is located to the nearest public right-of-way containing a city bus route (private dormitory projects located within 1,000 feet of the college or university served shall be exempt from this requirement). 702-14 Drive -Up Teller Facility For the purpose of determining setback distances required by this UDO, the outer edge of any supportive structure physically connected to the drive -up teller facility and the ground, or the facility itself (whichever results in the greater setback) shall be utilized in all setback measurements. The minimum setback for drive -up teller facilities shall be 20 (� feet from any street right-of-way and 30 feet from any MF-H or more restrictive district �1 or lot containing a residential use. 702-15 Duplex, Triplex and Quadraplex Duplexes, triplexes and quadraplexes shall be subject to the use standards of this subsection 702-15 in R-5 and R-3 zoning districts. 0 A. Land Area and Density Requirements In addition to complying with the maximum density limits of the underlying zoning district, Duplex, Triplex and Quadraplex uses shall comply with the following minimum lot area requirements: B. Exemption for Older Structures Conversion of a structure existing on October 15, 1969 shall be exempt from the minimum land area requirements of this subsection. This provision shall not be interpreted as exempting such conversions from compliance with zoning district density standards or applicable off-street parking requirements. 702-16 Family Care Homes, Residential Care Facilities, Special Congregate Facilities, and Adult Day Care Centers (Separation Standards) A. In all R-3 and more restrictive zoning districts proposed family care homes shall be located no closer than a one -half -mile radius from an existing family care home, measured from the nearest lot line of the proposed use to the nearest lot line of lot on which the existing facility is located. ........................•.........................•.................... •.. ......... #;K ...?........ Wilmington/New Hanover County" 'v Unified Development Ordinance (December 6,199 Draff) 99 Article Vll/Use Regulations ............................................................................................. ...................................... .............................. Sec. 702/Use Standards (702-13) facilities are designed to serve solely the residents of and occasional visitors to the dormitories in which they are located and are clearly incidental to the residential nature of the private dormitory use; G. The site design of private dormitory projects shall orient all recreational areas, fronts of buildings, parking facilities and other sources of activity away from any adjoining residentially -zoned areas; H. Private dormitory projects serving colleges or universities shall be located within 660 feet of a public bus route, with the distance measured from the closest point of the property on which the dormitory project is located to the nearest public right-of-way containing a city bus route (private dormitory projects located within 1,000 feet of the college or university served shall be exempt from this requirement). 702-14 Drive -Up Teller Facility For the purpose of determining setback distances required by this UDO, the outer edge of any supportive structure physically connected to the drive -up teller facility and the ground, or the facility itself (whichever results in the greater setback) shall be utilized in all setback measurements. The minimum setback for drive -up teller facilities shall be 20 feet from any street right-of-way and 30 feet from any NT-H or more restrictive district or lot containing a residential use. 702-15 Duplex, Triplex and Quadraplex Duplexes, triplexes and quadraplexes shall be subject to the use standards of this subsection 702-15 in R-5 and R-3 zoning districts. A. Land Area and Density Requirements In addition to complying with the maximum density limits of the underlying zoning district, Duplex, Triplex and Quadraplex uses shall comply with the following minimum lot area requirements: B. Exemption for Older Structures Conversion of a structure existing on October 15, 1969 shall be exempt from the minimum land area requirements of this subsection. This provision shall not be interpreted as exempting such conversions from compliance with zoning district density standards or applicable off-street parking requirements. 702-16 Family Care Homes, Residential Care Facilities, Special Congregate Facilities, and Adult Day Care Centers (Separation Standards) A. In all R-3 and more restrictive zoning districts proposed family care homes shall be located no closer than a one -half -mile radius from an existing family care home, measured from the nearest lot line of the proposed use to the nearest lot line of , lot on which the existing facility is located.: ;w ........-•--•-........---•............................................... . ........ .......... �Imington/New Hanover County h' Unified Development Ordinance (December 6, 1996 Draft) 99 Article Vll/Use Regulations ..................•••-----•---...----....................---......................................---..........-•---•--..........------•--...---......................------..---- Sec. 702/Use Standards (702-16) B. In all R-3 and more restrictive zoning districts any proposed residential care facility, special congregate facility, or adult day care center shall be located no closer than a one -mile radius from an existing family care home, residential care facility, special congregate facility, or adult day care center, measured from the nearest lot line of the proposed use to the nearest lot line of the lot on which the existing facility is located. C. The shall be no more than one residential care facility, special congregate facility, or 0 adult day care center in any separately named subdivision, including all phases thereof, as shown by a map or maps thereof recorded in the Office of the New Hanover County Register of Deeds. 10 D: A family care home, as defined by G.S. section 168-21, must be licensed by the State of North Carolina as a family care home prior to the time of occupancy. E. Any residential care facility, special congregate facility, or adult day care center must possess all applicable licenses from the State of North Carolina and other regulatory agencies so designating the facility as a residential care facility, special congregate facility, or adult day care center prior to occupancy. F. Any residential care facility, special congregate facility, or adult day care center shall �•t be required to provide a residential supervisor who must live at the property address. 702-17 Fraternities and Sororities Fraternities and sororities (residential uses) shall be subject to the use standards of this subsection 702-17. A. High -Density Residential Development Fraternities and sororities shall be subject to the High -Density Residential Development locational criteria of Sec. 702-19. B. Lot Size The minimum lot size shall be 10,000 square feet. C. Floor Area At least 250 square feet of interior floor area (gross) shall be provided per resident. 702-18 Furniture and Other Home Furnishings Store Furniture and other Home Furnishing Stores shall be allowed provided that all warehousing and storage activities are clearly incidental and subordinate to the retail business conducted on the premises. 702-19 High -Density Residential Development High -Density Residential Developments shall be subject to the use standards of this subsection 702-19. A. Purpose The purpose of the High -Density Residential Development standards of this section a is to accommodate and encourage High -Density Residential Development in Urban K4, r ?s>;; areas and Urban Transition areas where adequate services are available, provided that K; environmental impactsareminimized and adequate open space is provided. Vv"` #-----------------------------------•---------................------....... ----- ,: : Wilmington/New Hanover.County 100 (December 6, 1996 Draft) Unified Development Ordinance Article Vll/Use Regulations Sec. 702%Use Standards(702-1.9.)........... .................................. o........................................................................... B. Access High -Density Residential Developments shall have direct access to an existing major or minor arterial. All interior drives shall be designed so as to provide adequate access for emergency service vehicles. C. Buffer Strips Buffer strips shall be provided in accordance with the standards of Sec. ?. D. Site Capacity Standards Site capacity for any proposed High -Density Residential Development is equal to the Base Site Area multiplied by the Density Factor. 1. Definition of Base Site Area Gross site area (determined by on -site survey) Acres Subtract water bodies and other areas below mean high water Acres line, if tidally influenced, or below meanwater line, if non -tidally influenced Subtract land used as open space in prior residential Acres developments Subtract land used for nonresidential purposes (commercial, Acres office and institutional, and industrial) Equals Base Site Area Acres 2. Improved Recreational Land and Open Space Requirements c. The following minimum amounts of Base Site Area shall be either Open Space or Impmtied Recreational I -and - District Minimum Percentage RA 50? R-20 50 R-15 35 R 10 20 R-7 20? R-5 20? R-3 20? Note: If the development consists of detached single-family units on subdivided lots of at least 6,000 square feet in area, the minimum percentage shall be reduced by 50 percent. d. Improved RecreationalLand shall consist of grassed and landscaped areas or areas occupied by recreational activities. Recreational activities may include but are not limited to, swimming pools, tennis courts, golf courses,;<; ballfields, basketball courts, soccer fields, tot lots and community''` recreational buildings. The amount of Impromd Rearational Land sh e ,w'' .. Y ij. Wilmington/New Hanover County " Unified Development Ordinance (December 6, 1996 Draft) -101 I Article Vll/Use Regulations .................................................................................................................................................................................. Sec. 702/Use Standards (702-19) equal to at least 15 percent of the Base Site Area. e. The following additional types of permanent Open Space shall be provided and may be used to meet the minimum total amount of Open Space required in Section 69.4(3)c(1): 3. 4�1 , �,� � -Ah b. .... .N�, # .......a" .................. ay �r (1) 100-year flood plains: The determination of all flood plain boundaries shall be based on areas of "special flood hazard" At least 50 percent of such areas shall be permanent Open Space. (2) Lake and pond shorelines: The shorelines of lakes and ponds consist of the area within 50 feet inland of the mean water line. At least 25 percent of all such areas shall be permanent Open Space. (3) Waterfront shorelines: Waterfront shorelines consist of the area within 75 feet inland of the mean high water mark of sounds, estuaries or ocean. At least 25 percent of all such areas shall be permanent Open Space. (4) Conservation Resource Areas: Conservation resources consist of those important environmental resources described in Sec. ?. [59.4-3]. The minimum amounts that shall remain conservation space shall be calculated as described in Sec. ?. [59.4-4] (5) Other Areas: Other land areas shall be designated Open Space as needed to satisfy the minimum total required amounts specified in Sec. ? [69.4(3)c.1.] Land areas smaller than 1,000 square feet and parking lots may not be counted as satisfying minimum Open Space requirements. (6) Open Space, with the exception of Conservation Resource areas, may be improved and used to satisfy the requirements for Improved Recreational needs. (7) Open Space shall remain undivided and be reserved and used in accordance with Sec. ?. [69.1.] Determination of Site Capacity a. The maximum number of dwelling units that may be built shall be determined by multiplying the Base SikArea by the appropriate Density Factor from the table below. I 15 District Density Factor (units per acre) RA ? R-20 4.25 R-15 10.2 R-10 17 R-7 ? R5 � R3 ? High -Density Residential Development shall be located either totally or ,r) Wilmington/New Hanover County Unified Development Ordinance �j 102 (December 6, 1996 Draft) Article Vll/Use Regulations ..............................•----...............................................•••••-.............................................................................. Sec. 702/Use Standards (702-19) primarily in areas classified as ?Urban or Urban Transition in the Wilmington -Nero HanowrLand-Use Plan. In cases where a High -Density Residential Development includes primarily Urban Transition areas and limited Conservation or Rural or Resource Protection areas, the residential units shall (�y not be clustered at a density greater than 2.5 units per Base Site acre in the areas uclassified Conservation, Rural, or Resource Protection. E. Table of District Improvement Requirements The following minimum improvements shall be required for High -Density Residential Developments taking place in the respective zoning districts. Improvements shall be constructed in accordance with all applicable local and state standards. All developments locating in the Sewer District of New Hanover County +� shall design and install a sewer collection system. 0 0 0 in 0 0 Ell ............ District . . . . . . . ......... . PubvG or public or --:. Underground . Curb and Maximum :>"`' Commwuty Sewer Irommunity Storm Gutter Impervious .......:..... .....::::::. .. ::..; _ . :.::: „ `' . ::.;:Water` brains a uif`ace Ratto R-20 Yes Yes No No 0.30 R-15 Yes Yes Yes No 0.40 R-10 Yes Yes Yes Yes 0.50 R-7 Yes Yes Yes Yes ? R-5 Yes Yes Yes Yes ? R-3 Yes Yes Yes Yes ? F. Setbacks 1. The required minimum setback for High -Density Residential Development shall not be less than 25 feet. When such projects are located adjacent to any existing detached residential development (not including Mobile Home Parks or other High -Density Residential Development or Planned Developments), buildings shall be set back a distance equal to at least 2.75 times the height of the building This required setbacks may be reduced as specified in Sec. ?. [67], but in no case shall the minimum setback be less than 25 feet. Setback and yard areas adjacent to the detached residential uses shall be occupied only by landscaping and buffer strips and as specified in Sec. ?. [671 2. Attached Residential development adjacent to any existing detached residential structure or platted lot (not including Mobile Home Parks, Planned Developments, or other High -Density Residential Developments, shall meet the following additional requirements: a. The density within the 200 foot wide strip in the High -Density Residential Development adjacent to the existing detached residential development shall be no greater than three times the maximum performance residential density permitted within the existing detached residential development. b. The minimum required setback for attached dwelling units within this strip shall equal at least 3.73 times the height of the building. The required 4 . ' setbacks may be reduced as specified in Sec. ?. [67], but in no case shall- �Me <� minimum setback be less than 50 feet. 7 °` �,:: c_ Setback and yard areas adjacent to the existing detached residenti'i3e shy' -------•---•.............•---•-----•-------------.............•----••----•..... .., .• ........... Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draff) 103 I Article VII/Use Regulations •------------------------------------------------------------------------------------------------------------------------------------------------------------ Sec. 702/Use Standards (702-19) be used only for buffer strips and as specified in Sec. ? [671 3. In no case shall any part of a detached single-family dwelling unit be located closer than ? feet to any part of any other detached single-family dwelling, and in no case shall any part of a utcsmulti-family dwelling unit be located closer than 20 feet to any part of another dwelling unit. G. Drainage A drainage plan (complying with the requirements set forth by the local or State agency) shall be submitted. H. Review and Approval Procedure Proposed High -Density Residential Developments shall be reviewed and approved in accordance with the Subdivision Review procedures of Sec. 304, regardless of whether they involve the division of land. Site Plan Review, in accordance with the procedures of Sec. 307 shall also be required. L Property Owners' Associations A property owners' association shall be established, in accordance with the requirements of Sec. 925. J. Height Maximum allowable height for structures shall be 35 feet. However, the maximum allowable height for piling -supported principal structures which are located in "Coastal High Hazard Areas, V-Zones" or "Ocean Hazard Areas," as defined by the Coastal Resources Commission shall be 44 feet. 702-20 Hospitals and Nursing and Personal Care Facilities Hospitals and Nursing and Personal Care Facilities shall be subject to the use standards of this subsection 702-20 in the R-20, R-15, and R-10 districts. - A. The minimum lot size shall be two acres; and B. The structure shall have minimum side and rear setbacks of 50 feet and a minimum front setback that is 25 feet greater than that required of single-family residences within the district in which the facility is located. 702-21 Hotels and Motels Hotels and Motels shall be subject to the use standards of this subsection 702-21. 702-22 v ..�j A. The lot size is a minimum of one acre. B: The sole means of ingress and egress must be via a major thoroughfare. C. The property must have a minimum 200 frontage on a major thoroughfare. D. Any building on the site must be a minimum of 200 feet from any MF-H or more restrictive zoning districts. E. When adjacent to residentially used or zoned property, outdoor lighting is required to be installed so that light will not shine or reflect directly onto the adjacent property. junk Yard/Scrap Processor Junk yards and scrap processors shall be subject to the use standards of this subsection 702-22. 104 (December 6, 1996 Draft) .... . ................................................. Wilmington/New Hanover County Unified Development Ordinance 0 I 0 11 r! 0 a I Article Vll/Use Regulations ................................................................................................................................................................................ Sec. 702/Use Standards (702-22) A. Front Setback The minimum front setback shall be 100 feet. (J B. Pisual Screening All open storage shall be screened by the use of natural objects, plantings, fences, or wall so as not to be visible from public rights -of -way or adjacent properties. C. Separation from Residential No junk yard or scrap processor shall be established within 500 feet of any MF-h or more restrictive zoning district. 702-23 Kennel (Commercial Boarders and Breeders) Kennels (Commercial Boarders and Breeders) shall be subject to the use standards of this subsection 702-23. A. R-15 and R-20 Districts Kennels shall be subject to the following standards in the R-15 and R-20 districts 1. Lot Size Minimum lot sizes shall be as follows: 1 to 10 animals: 2 acres 11 to 20 animals: 4 acres 21 to 30 animals: 6 acres For each additional acre beyond six acres, an additional ten animals shall be (� permitted. The minimum lot size requirements may be waived if a kennel is U constructed to entirely enclose all kennel facilities so as to adequately protect all animals from weather extremes and to protect adjacent residences and AV-H or more restrictive zoning districts from noise, odors and other objectionable characteristics. 2. All lots on which a kennel is located must have direct access onto a street that meets the minimum requirements for acceptance and maintenance by the North Carolina State Department of Transportation. 3. All structures shall have minimum side and rear setbacks of 50 feet. Additional front, side and rear setbacks may be required as determined by the [INSERT OFFICIAL] dependent upon proposed kennel construction. 4. Sewage disposal system and sanitation control methods as approved by the New Hanover County Board of Health shall be required for all kennels. (This provision shall include, but shall not be limited to, the Sanitary removal or u disposal of solid waste, carcasses, or any other items deemed necessary for removal or disposal because of unsafe or unsanitary conditions by the Health Department or [INSERT OFFICIAL]). 5. No outside sign in excess of two and one-fourth square feet in area shall be permitted. 6. Other conditions, including, but not limited to, buffering and noise controls that rovide adequate protection for adjacent MF-H or more restrictive zoning A: P q P 1 g I& .r. districts as may be deemed reasonable and appropriate for each kennel AY ? ; . y Governing Body. yr .. ... Wilmington/New Hanover County Unified Development Ordinance (December 6, 1996 Draff) 105 Article Vil/Use Regulations .................................................................................................................................................................................. Sec. 702/Use Standards (702-23) B. In Districts Other than R-15 and R-20 Kennels in districts other than R 15 and R 20 shall be subject to the following standards: 1. The property on which the kennel is to be located shall located at least 100 feet from MF-H or more restrictive zoning districts. 2. When any kennel is located within 200 feet of any MF-H or more restrictive zoning district, a type A buffer shall be erected along the property boundaries that are within 200 of the MF-H or more restrictive zoning district. 3. Outdoor exercise runs or facilities shall be permitted so long as their hours of use are restricted to the hours between 8:00 a.m, and 5:00 p.m. 702-24 Libraries Libraries shall be subject to the use standards of this subsection 702-24. A. The primary means of ingress and egress is from a major or minor thoroughfare; B. All off-street parking areas shall be screened from adjacent properties with buffering equivalent to a Type A screen as set forth in Sec. ?. C. All outdoor lighting shall be installed so as not to shine or reflect directly onto surrounding properties; and D. All signs shall be nonilluminated. 702-25 Manufactured Housing Unit Manufactured housing units shall be subject to the use standards of this subsection 702- 25 in the LM and HM districts. A. Units shall be subject to the dimensional requirements as specified for residential dwellings in the R-15 district. B. The Special Use Permit, after a 12 month period, may be terminated by the [INSERT OFFICIAL] after 90 days notice and after review and recommendations by the Governing Body. 702-29 Manufactured Housing Park Manufactured Housing Parks shall be subject to the use standards of this subsection 702- 26. A. The lot size for each manufactured housing [unit] must meet the minimum lot size requirements of the zoning district in which it is located; B. The park shall contain at least three manufactured housing [units]; C. At least two off-street parking spaces shall be provided on each manufactured housing use site; D. All manufactured housing [units] must front on a public vrprivaterstreet or private driveway (See Sec. 1003); and E. A screening buffer equivalent to a Type B screen shall be placed along all rear and side property lines of the manufactured housing park. 702-27 Marina, Commercial t�w - Commercial Marinas shall be subject to the use standards of this subsection 702-27 when k located in the RB district. �. � Wilmington/New v ,:gton/New Hanover County 106 (December 6, 1996 Draft) Unified Development Ordinance Article Vll/Use Regulations •............................................................................................................................................................................ Sec. 702Nse Standards (702-27) A. A minimum of one off-street parking space per boat slip and per two dry storage j facilities shall be provided. (� B. A buffer in compliance with Sec. ? shall be provided along all property lines abutting MF-H or more restrictive zoning districts. C. Night lighting by design and construction 0) shall be contained on the site. D. A site plan shall be submitted for review and approval. E. It is demonstrated that the siting of the facility will have minimal impacts on water quality, primary nursery areas, shellfish grounds, and conservation resources. 702-28 Marina, Commercial (with Floating Structures) Commercial Marinas with floating structures shall be subject to the use standards of this subsection 702-28 when located in the R-20S, R-20, R-15, NB, CB, RB, CS, LM and HM districts. ( A. Floating structures shall not be located within 15 feet of the waterward extension of �+ all property lines. B. Not more than one dwelling unit per floating structure shall be permitted. C. A permanent pier, dock or walkway with adequate night lighting shall join each floating structure and the adjacent shoreline. D. Each floating structure shall be inspected and approved by the [INSERT n OFFICIAL] prior to placement in the marina. This approval shall be dependent �j upon, but not limited to, approval of the electrical system and the method of exiting. E. Each floating structure shall be provided with permanent water and sewer systems approved by the New Hanover County Health Department. All wastewater piping from the unit shall be constructed to the North Carolina State Plumbing Code. No overboard discharge openings thru the hull or structure shall be permitted except for one dewatering pipe which may not be connected to wastewater piping F. A system for collection and removal of solid wastes and refuse shall be approved by the New Hanover County Health Department. G. A minimum of two off-street parking spaces per floating structure shall be provided on -shore. H. A minimum of 2,000 square feet of gross land area contiguous and above mean high water shall be provided for each floating structure on -shore. I. Site plan review and approval shall be required. J. It is demonstrated that the siting of the facility will not negatively affect water quality, primary nursery areas, shellfish grounds, and conservation resources. 702-28 Mini -Warehousing Mini -Warehousing shall be subject to the use standards of this subsection 702-29. A. The minimum lot size shall be two acres. B. The mini -warehouse units shall be used for "dead" storage only (no commercial enterprise can be conducted from an individual unit or units). C. There shall be no outside storage of materials. D. There shall be no storage of hazardous or flammable materials. E. A Type B landscape buffer having a minimum width of 25 feet shall be provided i along any street frontage, and along any property abutting an O&I or more restrictiue:,, �v4NM�. zoning district,, F. A Type A landscape buffer having a minimum width often feet shall be prov,.itj.ei�'` alongall other property boundaries. v P oP rt3' Y Wilmington/New Hanover County-----•---------•---•-----------------------•---------•--------....-------•� ---•; ............. Unified Development Ordinance (December 6, 1996 Daft) 107 Article Vll/Use Regulations •................................................................................................................................................................................. Sec. 702/Use Standards (702-29) G. No structure shall exceed 12 feet in height. H. All outdoor lighting shall be installed so as not to exceed ten feet in height and not to shine or reflect directly onto surrounding properties. 702-30 Motion Picture Production and Distribution Motion Picture Production and Distribution shall be subject to the use standards of this subsection 702-30. A. There shall be no outdoor storage of materials. B. The area of studio production shall be limited to one-third of the total square footage. C. The services provided shall be limited to SIC groups 7814 Motion Picture and Tape Production for Television and SIC group 7819 "Services Allied to Motion Picture Production." 702-31 Multi -Family Multi -Family development shall be subject to the use standards of this subsection 702-31. A. O& I District 1. The maximum residential density in the O&I district shall be 9.7 units per acre. 2. Multi -family development in the O&I district shall be subject to the setback and height requirements of the MF-L. B. CBD District There shall be no maximum density standard for multi -family development in the CBD district. 702-32 Ordnance and Accessories Ordnance .and accessories shall be located at least one mile from any residential use or MF-H or more restrictive zoning district. Such uses shall be completely surrounded by security fencing. 702-33 Recreation, Commercial (Indoor/Outdoor) Commercial Recreation (Indoor and Outdoor) shall be subject to the use standards of this subsection 702-33 in the R-15, R-20, R-10 and RA districts. A. Adequate buffers are provided which screen adjoining residential uses from the effects of light and noise generated on the site. B. All buildings shall be set back from the right-of-way at least 50 feet and at least 100 feet if the site is in the ?. [SHOD?] C. Signage shall be limited to one ground sign not to exceed 32 square feet in area and be set back from the right-of-way at least 25 feet. D. Access to the site shall be to a US or NC numbered road or to a collector road. E. Other conditions deemed by the Governing Body necessary to promote the health, safety and welfare of the community. �a 702-34 Recycling Facilities 4` Recycling facilities shall be subject to the use standards of this subsection 702-34. 108 (December 6, 1996 Draft) .............................................................................. Wilmington/New Hanover County Unified Development Ordinance 11 In I 1j1 11 I A 0 i.� .. ..................................................................Article VII/Use Regulations ......................... .......................... Sec. 702/Use Standards (702-34) A. Small Collection Facilities Small collection facilities shall be subject to the following standards: 1. The facility may not exceed 500 square feet in size; 2. The facility shall be limited to receiving only paper, glass, metal and plastic u recyclable products; 3. The facility may be located on a host tract, provided it does not occupy needed parking of the principal use; 4. The facility shall be set back at least 10 feet from any street right-of-way and at least 50 feet from all MT-H and more restrictive zoning districts; 5. No power -driven equipment is allowed; 6. Containers shall be constructed of durable, waterproof and rustproof materials; 7. No material storage outside the container is allowed; 8. Storage containers may have an identification logo not exceeding 10 square feet in area; 9. At least one off-street parking space shall be designated for attendants; 10. The name, address, and phone number of the organization or persons responsible for pick-ups and maintenance of the facility shall be displayed on the container, 11. The facility shall not reduce the landscaping required for the site; and 12. A site plan shall be submitted, illustrating compliance with all applicable standards before a permit can be issued. B. Large Collection Facilities 0 Large collection facilities shall be subject to the following standards: 1. The facility may be larger than 500 square feet and on a separate property or tract of land; 2. The facility and its appurtenant uses shall be set back at least 100 feet from MF- H and more restrictive zoning districts; 3. All loading and outside storage shall be to the side or rear of the building; 4. Outdoor storage and loading areas shall be on the side or rear of the building ' and screened from view of adjacent rights -of -way; S. All exterior storage shall be in containers or under shelters which are covered and secured; 6. No outside storage shall be visible from MF-H or more restrictive zoning districts; 7. The facility may not operate between the hours of 7:00 p.m. and 7:00 a.m. when adjacent to MF-H or more restrictive zoning districts; and 8. A site plan shall be submitted, illustrating compliance with all applicable standards before a permit can be issued. C. Processing Facilities Recycling processing facilities shall be subject to the following standards: Q 1. The facility and its appurtenant uses shall be set back at least 150 feet from MF- H or.more restrictive zoning districts;";.= 2. Power -driven equipment is permitted;! t. 3. Outdoor storage and loading areas shall be on the side or rear of the buici ' 4. Storage or loading conducted on the side of the building shall be screei#ci'frorc"r " Wilmington/New Hanover County `'' 7 Unified Development Ordinance (December 6, 1996 Dfaff) 109 Article VII/lJse Regulations ......................................................................................................................... Sec..702/Use.Standard. (702-34j (� (� view of adjacent rights -of -way; 5. All exterior storage shall be in containers or under shelters which are covered and secured; 6. No outside storage shall be visible from W-H or more restrictive zoning districts; . n 7. The facility shall not emit dust, smoke fumes or vibrations detectable on adjacent properties; and 8. A site plan shall be submitted, illustrating compliance with all applicable standards before a can be issued. permit D. Permits Before any collection or processing facility is established, a building permit shall first be obtained from the [INSERT OFFICIAL]. U U 702-35 Religious Institutions Religious Institutions shall be subject to the use standards of this subsection 702-35. A. Residential Districts n In N F-H or more restrictive zoning districts, religious institutions are allowed with a special use permit, subject to the following stipulations: 1. Religious institutions with 200 or fewer seats are allowed on local or residential streets. . 2. Religious institutions with 200 to 1,000 seats are allowed if located on a lot with access from a collector street or minor or major thoroughfare. 3. Religious institutions with more than 1,000 seats are allowed if located on a major thoroughfare. n 4. Primary vehicular access to the use shall not be provided by way of a local (residential) street, except this provision shall not apply to property acquired on or before August 1,1984 by the church making application for the special use permit or to institutions with 200 or fewer seats. B. Nonresidential Districts In O&I and less restrictive zoning districts religious institutions are a permitted use with no seat limitations if located on a local street or minor or major thoroughfare. C. Signs All signs shall be nonilluminated. D. Outdoor Lighting All outdoor lighting is installed so as not to shine or reflect directly onto surrounding. properties. E. Buffers When a religious institution and any associated buildings, outdoor recreational facilities or off-street parking areas abut an R-3 or less restrictive district or lot containing a single-family use, a Type B buffer shall be provided along the side and .4 rear yards. When a religious institution and any associated buildings, outdoor . recreational facilities or off-street parking area abut any other district, the buffer yard shall be provided in accordance with the buffer yard requirements of Sec_ ?: - - •......V...............•--....-•---....------.....-----....---.....................-------•----------•.................. is Wilmington/New Hanover County 110 (December 6, 1996 Draft) Unified Development Ordinance a .. .... .... ............................. .............. Article Vll/Use Regulations ............. Sec. 702/Use Standards (702-35) R F. - No Interference with Religious Worship (J Nothing herein shall be construed to prohibit religious worship anywhere in the city or county, or to prescribe any particular religion or form of religious worship, so long as the manifestations of said worship are not incompatible with or injurious to U surrounding uses or properties. 702-36 Residential Care Facilities Residential Care Facilities shall be subject to the use standards of this subsection 702-36. n A. Signs UNo sign exceeding four square feet in area shall be permitted, and all signs shall be nonillummated. B. Lot Area The lot size shall be no less than 5,000 square feet. C. Compliance with Other Applicable Regulations The construction and operation of such facilities shall comply with the provisions of the General Statutes of the State of North Carolina and any other applicable federal, U state or local codes. U D. Separation Standards Residential care facilities shall comply with the requirements of subsection 702-16 702-37 Sanitary Services (Garbage and Waste Incineration or Sanitary Landfill) Sanitary Services shall be subject to the standards of this subsection 702-37 A. Any person engaged in the storage, separation, collection, transportation or disposal of solid waste shall comply with all regulations of the New Hanover County Board of Health. The [INSERT OFFICIAL] shall not issue a certificate of occupancy to operate a garbage and waste incineration operation or a sanitary landfill site until a written special use permit for such operation has been issued by Governing Body. B. Each garbage and waste incineration site shall be of adequate size to safely accommodate the traffic generated by such use. C. Each landfill site shall have a minimum area of ten acres. Natural cover shall be maintained where possible on the landfill site. D. No garbage and waste incineration site shall be located within 300 feet of any MF-H or more restrictive zoning district or residential use. No filling shall be permitted within 100 feet of any adjoining property lines or within 300 feet of any existing residence or any residence under construction on adjoining property at the time the landfill operation is begun. E. A Type B screening buffer in accordance with Sec. ? shall be installed along the exterior property line of the site. F. All garbage and waste incineration sites or landfill sites shall have direct access to a street over an access way of at least 20 feet in width. Such access way shall be ^. chained at night and at other times when the site is not in operation. .� ...............•-------•--------•----....----....------••-----...---.. ..�-----�. ............ Wilmington/New Hanover County DUnified Development Ordinance (December 6, 1996 Draft) 111 Article Vll/Use Regulations .................................................................................................................................................................................. Sec. 702/Use Standards (702-38) 702-38 Schools Public and private schools in MF-H or more restrictive zoning districts shall be subject to the use standards of this subsection 702-38. A. All structures shall have a minimum side and rear setbacks 50 feet, and B. An off-street drop-off and pick-up area meeting the standards of this UDO shall be provided. 702-38 Septag* and Sludge Disposal Sludge and Septage Disposal shall be subject to the use standards of this subsection 702- 39 A. Septage disposal sites shall be located a minimum of 1,000 feet in horizontal distance from a residence, place of business or church, and 100 feet in horizontal distance from any stream, canal, marsh, coastal water, lake or impoundment, subsurface drainage or drainage ditch. B. Sludge disposal sites shall be located a minimum of 250 feet from a lot containing a dwelling unit, place of business or church, and 100 feet from any stream, canal, marsh, coastal water, lake or impoundment, subsurface drainage or drainage ditch. C. A planted buffer strip shall be provided along all front, side and rear property lines, except in areas designated for ingress and egress. D. Each site shall be posted "No Trespassing" and at each entrance legible signs of at least two square feet must be posted stating "Caution - Sludge or Septage Disposal Area" or other similar language conveying this warning. . E. No septage or sludge shall be deposited and no building or structures shall be located within 100 feet of the nearest property line in the disposal site area. F. The operation and responsibility of said use shall be carried out in accordance with all standards and rules prescribed by the North Carolina Division of Health Services and the County Health Department. 702-40 Service Stations and Fuel Pump Islands fi. Ca��k Yy_ A. Setbacks for Fuel Pump Islands For the purpose of determining setback distances required by this UDO, the outer edge of any supportive stricture physically connected to a fuel pump and the ground shall be the part of the fuel pump island from which all such measurements are made. Minimum setback distances shall be determined by measuring a straight line distance from the nearest point of the required reference boundary(.e., street right - of --way, zoning district boundary or property line) to the closest edge of the fuel pump island. Minimum setback distances for fuel pump islands are as follows: 0&1 25 feet from any street right-of-way and 40 feet from any MF-H or more restrictive district or lot containing a residential use. NB 20 feet from any street right-of-way and 40 feet from any MF-H or more restrictive district or lot containing a residential use. RB, CBD, CS, LM, 12 feet from any street right-of-way and 40 feet from any MF-H HM or more restrictive district or lot containing a residential use. �e{.�..�.................................... ...... f . 112 (December 6, 1996 Draft) I 0 I 0 I I I r 0 I I ------------------------------------------------------------------------------------------------ Wilmington/New Hanover County Unified Development Ordinance a 0 0 F1 _ Article Vll/Use Regulations Sec. 702%Use Standards(702-40j........................................................................................................................ B. Canopies Any structure placed over, around or near a fuel pump island and intended to provide lighting or protection from the elements for fuel pump users shall be considered an overhead canopy. Minimum setback distances shall be determined by measuring a straight line distance from the nearest point of the required reference boundary (.e., street right-of-way, zoning district line or property line) to the point on the ground surface which is perpendicular to the closest edge of the canopy overhang. Minimum setback distances for overhead canopies are as follows: 0W lor 15 feet from any street right-of-way and 25 feet from any MF-H more restrictive district or lot containing a residential use. IRB, CBD, CS, LM, lor No minimum any street right-of-way, but 15 feet from any MF-HHM more restrictive district or lot containing a residential use. 70241 Shopping Centers Shopping Centers shall be subject to the use standards of this subsection 702-41. A. The lot area shall be at least two acres. B. The site must be immediately adjacent to a major or minor thoroughfare. C. The total ground area occupied by all buildings shall not exceed 40 percent of the gross land area. D. A Type B screening buffer as set forth in Sec. ? shall be installed along all shopping center property lines abutting MF-H or more restrictive zoning districts. E. Storm water facilities and control measures must be approved by the [INSERT OFFICIAL]. 70242 Shooting Range, Outdoor Outdoor shooting ranges shall be subject to use standards of this subsection 702-42. A. All shooting areas shall be setback a minimum distance of 100 feet from any street right-of-way- B. The range shall have a natural earth embankment a minimum of ten feet high placed behind all targets within the shooting area. C. The firing range shall be posted "No Trespassing - Danger - Shooting Range," at 100 foot intervals around the perimeter. D. At least one qualified individual in the sponsoring club or organization shall be certified for shooting range supervision. Each facility shall adopt safety rules and regulations as determined by the sponsoring club or organization. E. The shooting range shall be covered by a minimum of $300,000 of accident and liability insurance. 70243 _. Skating Rinks Skating Rinks shall be subject to the use standards of this subsection 702-43. A. The minimum lot size shall be one acre.. B. Site lighting shall be located so as not to shine or reflect directly onto any adjacent , �,�" N AT-H or more restrictive zoning districts. { tin` ,FL ...................................................................................................................................................... #t . ....,( .......... tiN . � .. Wilmington/New Hanover County i DUnified Development Ordinance (December 6, 1996 Draff) 113 Article Vll/Use Regulations ...................................................................................... ........................ •Sec. 702/Use.Standard. (702-44j 702-44 Stables The standards of this subsection 702-44 Shall apply to stables A. Setbacks Stables shall be set back at least 100 feet from all property lines. n )�1� B. Visual Screening A buffer in compliance with Section 67 be provided for the protection of adjoining residences. 702-45 Telephone Communication Facility, Unattended The standards of this subsection 702-45 shall apply to unattended telephone communication facilities U U A. Exemption from Lot Area and Setback Standards Unattended telephone communication facilities located in NB and less restrictive districts shall be exempt from lot area, side setback and rear setback standards of Sec. Sec. ?. B. Visual Screening A Type A screening buffer, in compliance with Sec. ?19-176 shall be installed along all property lines abutting any NF-H or more restrictive district or lot containing a residential use. 702-46 University Administrative Uses In the R-7 district, university administrative uses shall be allowed only in areas that are included in the HD-O district. O 702-47 Utility Stations and Plants Utility Stations and Plants (outside public rights -of -way) such as sewage lift stations, pump stations, etc. which do not create excessive noise, odor, smoke, dust, and which do not possess other objectionable characteristics which might be detrimental to surrounding neighbors or to other uses permitted in the district may be allowed subject to any conditions imposed on such a use by the Governing Body. The use shall be screened with D security fencing or other structures and landscaped in accordance with the standards of U Sec. ?. 702-48 Warehousing, General General Warehousing shall be subject to the use standards of this subsection 702-48. A. Warehousing or storage c f live animals, explosives, flammable gases or liquids is prohibited. B. There will be no outside evidence or appearance of the warehousing or storage use. C. Such warehousing or storage use will not detract from nor otherwise be detrimental to surrounding commercial and business uses. D. All warehousing or storage activities within the CBD district may only be conducted within enclosed structures erected prior to September 6,1977. A,E. The special use permit, after a twelve-month period, may be terminated by the [INSERT OFFICIAL] after 90 days' notice and after review and recommendations v° <: A. ` r by the Planning Commission and Governing Body if it is found that the continuation •••--;X ..---- A, . __ Y _--•-•-----...--•-•----.....--••--.........-•-•.......................................... ..• . Wilmington/New Hanover County 114 (December 6, 1996 Draft) Unified Development Ordinance a Q .. .... ---................. ---........................Article VII/Use Regulations Sec. 702Nse Standards (702-48) of such use would be incompatible with and cause detrimental effects upon adjacent commercial uses. 702-49 Wholesale Trade, Nondurable Goods, with Liquified Bulk Storage of D Nonflammable Products Wholesale Trade, Nondurable Goods, with Liquified Bulk Storage of Nonflammable Products shall require a screening buffer equivalent to a Type B buffer in accordance �j with Sec. ? shall be installed on all property lines abutting a residential use or MF-H or Umore restrictive zoning district, district, regardless of any intervening rights -of -way. 702-50 Wholesale Trade, Durable Goods The prerequisites applicable to warehousing, general herein shall apply to this use when requested as a special use. a I A. Warehousing or storage of live animals, explosives, flammable gases or liquids is prohibited. B. There will be no outside evidence or appearance of the warehousing or storage use. C. Such warehousing or storage use will not detract from nor otherwise be detrimental to surrounding commercial and business uses. D. All warehousing or storage activities within the CBD district may only be conducted within enclosed structures erected prior to September 6, 1977. E. The special use permit, after a twelve-month period, may be terminated by the [INSERT OFFICIAL] after 90 days' notice and after review and recommendations by the Planning Commission and Governing Body if it is found that the continuation of such use would be incompatible with and cause detrimental effects upon adjacent commercial uses. Sec. 703/ Accessory Uses 703-1 General Permitted uses and approved special permit uses shall be deemed to include accessory uses and activities that are necessarily and customarily associated with, and appropriate, incidental, and subordinate to the principal uses allowed in zoning districts. Accessory uses and activities shall be subject to the same regulations as apply to principal uses in each district, except as otherwise specifically stated in this UDO. 703-2 Residential Accessory Uses The following accessory uses, activities and structures shall be permitted in the districts indicated: ----------------------------------------- - ----- Wilmington/New Hanover County'' , ,� Unified Development Ordinance (December 6, 1996 Draff) 115 Article Vll/Use Regulations .................................................................................................................................................................................. Sec. 703/Accessory Uses RRRRRRRRMMM A221510753FFFH 00 LMHP S Kennel, Private I IPIPIPIP P P P P P Recreation Facility, Private, Including Clubs And Recreation Facilities Associated With Multi -family Complexes, Golf Courses, Tennis Facilities, Country Clubs P P PPPPP P P P P P Private Residential Boating Facility P P P P P Residential Private Pier P P P P P Swimming Pool P P P P P P P P P Yard Sale PPPPPPPPP Other uses and activities determined by the [INSERT OFFICIAL] to be customary, incidental and subordinate to the principal use on the lot, subject to compliance with any development and performance standards imposed to ensure land use compatibility, PPPPPPPPPPPP A. Private Kennels Private kennels shall be permitted in all MFP or more restrictive zoning districts, subject to the following. Accessory structures or enclosures used for the kennel, except property line fences, must be located only in the rear yard of the site and must not occupy more than 30 percent of the required rear setback. All kennels shall be set back at least 10 feet from all property lines..In historic districts, a certificate of appropriateness shall be required prior to the installation of any dog runs or kennel structures in the same manner as for exterior alterations. 703-3 Commercial, Manufacturing and Special Purpose District Accessory Uses The following accessory uses, activities and structures shall be permitted in the districts indicated- ccessory Buildings or Uses, Clearly Incidental to the Permitted Use or IBuilding IPIPIPIPIPIPIPIPIPIPIPIP Home nrrunatinn I I I I 1PIPIPI Internal Service Facilities Incidental to Pennitted Uses, Including Cafeterias, Day Care, Snack Bars And Similar Retail Activities, Conducted Solely For The Convenience of Employees, Patrons, or Occasional Visitors; Provided Any Signage For Such Facilities Is Not Visible Be and The Premises. P P P P P P P Kennel, Private PPIP PP P P P P Lation Facility, Private, Including Clubs And Recreation Facilities da o With Multi -family Complexes, Golf Courses, Tennis Facilities, try Clubs P P P 116 (December 6, 1996 Draft) I IPIPI I I I I IN I I I I ............................................................••••-•••-•......... Wilmington/New Hanover County Unified Development Ordinance I Article Vll/Use Regulations ........................................................................................................-----............................................ Sec. 703/Accessory Uses 11 I A. Auxiliary Uses and Wares fl The manufacturing, processing or treatment of products is allowed in the CB, RB, CBD and CS Districts, provided that such activity is clearly documented as incidental and subordinate to the retail business conducted on the premises. This provision shall not impose any production limitation on those manufacturing uses specifically allowed by the Use Table of Sec. 701. Conversely, the retailing of goods or products manufactured in the CS, LM and HM Districts is permitted on the premises, provided that such activity is clearly documented as incidental and subordinate to the principal use of the property. 703-4 Development Standards for Accessory Uses and Structures The standards of this subsection 703-4 shall apply to all accessory uses and structures unless otherwise specifically indicated in this UDO. A. Number of Accessory Buildings In SF-3 or more restrictive zoning districts, no more than two accessory buildings shall be permitted per lot, except for bona fide farms. B. Location of Accessory Buildings Accessory buildings may be located in interior side yards and rear yards, but not street side or frontyant areas. Accessory buildings may not be located in required �j setbacks, except that accessory buildings not exceeding 600 square feet in areas may be located in required side and rear setbacks if such accessory buildings are at least five feet from all property lines and do not encroach into any required easements. Accessory buildings not exceeding 50 square feet in area and use exclusively to house well and pump equipment may be located in required front, side (interior and street) and rear setbacks provided that such accessory buildings are at least five feet from any property line and do not encroach into any required easements or sight angles. An accessory building or use may be located on another contiguous or noncontiguous lot from the principal use with which it is associated only if the principal use itself would also be permitted on such lot. comtr-lotsamessvey DC. Lot Coverage h 10111 Accessory buildings shall not cover more than 30 percent of the required side or rar setback. - - _ - . M ,;a` ` ,� +}V ...................:...................................................................................................................................t t\tea ....,4 .......... Wilmington/New Hanover County J Unified Development Ordinance (December 6, 1996 Draft) 117 Article VII/Use Regulations .................................................................................................................................................................................. Sec. 703/Accessory Uses D. Setback Accessory buildings shall be set back at least five feet from side and rear lot lines and five feet from the principal structure. 703-5 Dish Antennae Dish Antennae shall be subject to the accessory use/structure development standards of Sec. 703-4 in addition to the following standards: - A. Dish antennae that are visible from the public right-of-way shall be placed in locations or otherwise screened to reduce their visual impact on the neighborhood, provided that screening will not be required if it interferes with the proper functioning of the antennae. B. Dish antennae may be placed on roof tops. C. If it is demonstrated by the applicant that compliance with the applicable setback requirements would result in the obstruction of the antennZs receptive window, such obstruction shall be interpreted as beyond the applicant's control. D. The height of the proposed installation shall not exceed the maximum height limit of zoning district. if the 13ruFMCd inStAidtion is not visible to abattitT mbidejaw-C-i when e taiii ground level. 703-6 Accessory Apartments An accessory apartment shall be a permitted accessory use in the R-7, R-10, and R-15 districts, subject to the standards of this subsection 703-6. A. One accessory apartment shall be allowed per lot.. B. The owner of the principal structure must live in one of the units. C. Two additional off-street parking spaces are required (in addition to spaces serving n the principal dwelling unit). Jll( D. The accessory apartment shall not be permitted in addition to a garage apartment. E. The accessory apartment shall have a separate entrance that is not visible from the public right-of-way. n j [ F. There shall be no exterior evidence of the accessory apartment visible from the UU public right-of-way. G. A site plan shall be submitted for approval to the [INSERT OFFICIAL]. H. The accessory unit shall have a minimum floor area of 200 square feet and a maximum size of 35 percent of the gross floor area of the principal structure. 703-7 Garage Apartments A garage apartment shall be a permitted accessory use in the R-15, R-10, R-7, R-5, R-3, MF-I, MF-M, MF-H, MHP, and CBD districts. All garage apartments shall be located on lots or parcels that are at least 5,000 square feet larger than the minimum lot area requirement of the underlying zoning district. Such a structure shall not exceed 75 percent of the gross total enclosed heated square footage of the existing single-family dwelling. Additionally, only one garage apartment is permitted per principal structure, and a garage apartment cannot be used in addition to an accessory apartment. 703-8 Home Occupations �� r�. Home occupations shall be allowed as an accessory use in NIP and more restrictive zoning districts, subject to the standards of this subsection 703-8. IC' 4$ p� ......--• ... .................................••----••-----........------ :p 0 Wilmington/New Hanover County 118 (December 6, 1996 Draft) Unified Development Ordinance (�j Article Vll/Use Regulations ........................:........................•---•--.......................................................------------..........---.................... Sec. 703/Accessory Uses A. Employees Only one person other than members of the family residing on the premises shall be engaged in the home occupation. B. Location and Size The use of the dwelling unit for the home occupation shall be clearly incidental and subordinate to its use for residential purpose by its occupants. Home occupations shall be operated entirely within the principal residential building and shall not occupy more than 25 percent of the total floor area of the principal residential building. This location and size limitation shall not apply to Bed and Breakfast uses. C. Exterior Appearance There shall be no change in the exterior appearance of the building or premises, or D other visible evidence of the conduct of a home occupation other than one sign, not exceeding 2'/4 square feet in area, nonilluminated and mounted flat against the wall of the principal building. No outdoor storage of materials or equipment shall be permitted in conjunction with a home occupation. D. Operational Standards No equipment or process shall be used in such home occupation that creates noise, vibration, glare, fumes or electrical interference detectable to the normal senses off the lot, if the occupation is conducted in a single-family housing unit, or outside the housing unit if conducted in other than a single-family housing unit. In the case of D electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltage off the premises. For Bed and Breakfast establishments, Dno cooking facilities shall be permitted in individual guest rooms. E. Traffic and Parking No traffic shall be generated by a home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in any required setback. Vehicles used primarily as passenger vehicles including pick-up trucks and step -type vans shall be permitted in connection with the conduct of the customary home occupation. A home occupation shall not cause the elimination of required off-street parking F. On -Site Product Sales No products shall be sold directly to customers who come to the site. G. Number of Home Occupations No more than one home occupation shall be permitted within any single dwelling unit. H. Entrances QNo new entrance shall be provided for the conduct of the home occupation. (4) students at a time, yY ----------------------------•--....--------.......---...-------•----------....----•----------......-----.......................... ...... h ,+ ......... Wilmington/New Hanover County`'`" DUnified Development Ordinance (December 6, 1996 Draft) 119 I Article Vll/Use Regulations ...................................................•........................................... ........................................................................... U Sec. 703/Accessory Uses L Bed and Breakfasts In addition to the other applicable standards of this subsection, the following standards shall apply to Bed and Breakfast uses. 1. Bed and breakfast uses are permitted in the HD, HD-R, HD-O, R-7, and R-5 [Hemenway Redevelopment Area Only (defined as that area bounded by the CSX Railroad, Third Street, Princess Street, and North' Thirteenth Street)] zoning districts and only in principal structures containing at least 2,500 square feet of gross floor area or in accessory structures. 2. No permit shall be issued to a new bed and breakfast use if the issuance of a permit would result in the creation of more than one bed and breakfast use within one square block or within one numerical block. 3. The use of the dwelling unit for the bed and breakfast home occupation shall be clearly incidental and subordinate to its use as a principal residence. The maximum number of guest rooms allowed is three. This maximum number of guest rooms shall apply whether the principal structure or an accessory structure is used for the bed and breakfast. 4. No off-street parking is required. 5. The use provisions of this section shall not be subject to variance by the Board of Adjustment. > , Sea. 704/ Temporary Uses The regulations of this section recognize that special allowances need to be granted to certain temporary uses so that they may be permitted within the community. Because of the special problems related to temporary uses, it is also necessary to provide specific, separate and distinct guidelines and standards for them. It is the express intent of these provisions to minimize any potential adverse impact of such temporary uses by eliminating, to the greatest possible extent, any major problems, threats or dangers to the public health, safety or welfare as may exist with any or all of these temporary uses. 704-1 Uses Allowed The following temporary uses shall be allowed, subject to compliance with all applicable standards, including the general and use -specific temporary use standards of Secs. 704-2 and 704-3. Circuses or carnivals 114 days p- Evangelistic and religious congregations 14 days ,6.♦`Q� bor bazaars 3 days O&I and less restrictive districts, except CB districts and specific locations set forth in Sec. 704-3. O&I and less restrictive districts districts (see note) 0 I I I 0 I I 11 I .... 0. .;•�. <:.r..............................................._..................._....._.........................._............._. Wilmington/New Hanover County 120 (December 6, 1996 Draft) Unified Development Ordinance Q I I r I I 0 0 I 0 I Article Vil/Use Regulations Sec. 704/Temporary Uses lot sales for agricultural and related n lot sales for Christmas tree sales or ial fund raising sales for nonprofit fund raising sales for nonprofit districts days IO&I and less restrictive districts days IAll districts Contractor's office or mobile office for During construction All districts dis lacees during construction period only Temporary relocation manufactured housing 18 months unless Anywhere within a designated for displacees as a result of natural or man- authorized longer by redevelopment area or disaster area made disasters or public sponsored Governing Body redevelopment projects in a neighborhood or real estate office or other special recreational or tainment events years or until 80 MF-H or more restrictive zoning districts tnt of subdivision are sold, whichever is day except 14 days IO&I and less restrictive districts and annual events specific locations set forth in Sec. 704-3. Temporary special sales or "flea" markets in 30 days O&I and less restrictive districts commercial or industrial districts (occasional sidewalk or paricing lot sales). Temporary public satellite service office 12 months unless All districts authorized longer by Attendant accessory uses or facilities to the above permitted temporary uses, including, but not limited to, recreational vehicles and travel trailers designed and equipped to serve as a temporary or substitute dwelling units with sleeping and cooking accommodations. Note: The use of temporary tents or similar structures in the CBD district may be permitted for special events if authorized by the [INSERT OFFICIAL]. 704-2 General Standards The general standards of this subsection shall apply to all temporary uses. IL Letter of Intent A letter of intent outlining the dates, location, use, duration of use, owner, operator and other pertinent information shall be submitted along with the other requirements of this UDO to the [INSERT OFFICIAL] prior to issuance of a certificate of occupancy. Such letter, upon final acceptance, shall be the commitment to comply with the requirements contained herein and the conditions outlined therein by the responsible party of such use.< Wilmington/New Hanover County Unified Development Ordinance `tea ...........................................................srt . .....�, } ............ (December 6,199 Draft) 121 - a Article VUse Regulations ........................................................................................... • • •.......................... ................................. ....................... Sec. 704/Temporary Uses B. Inspections The [INSERT OFFICIAL] shall inspect and approve the installation of all temporary uses prior to any use of the facility. C. Parking and Traffic Plans [� For circuses, carnivals, bazaars, evangelistic or religious congregations, open lot sales, U fairs or special entertainment events and special sales, each permit applicant shall submit a parking and traffic plan which shall include the following. 1. Indication of area to be used by operator's vehicles and customers; 2. Designation of entrances and exits, traffic flow, and parking areas; 3. Total number of parking spaces available; 4. Estimated number of customers or participants; 5. Proposed traffic control measures; and 6. Plans for ensuring compliance with all other applicable city and county D regulations. D. Hours of Operation Permitted hours of operation for circuses, carnivals, bazaars, fairs and special entertainment events are set forth in Sec. 6-20 of the City Code and Sec. ? of the County Code. E. Connection to Public Water and Sewer If a temporary use is to be installed for six months or more, the facility shall be (� connected to public water and sanitary sewer. Otherwise, approved portable toilets U shall be provided. F. Tents and Temporary. Structures Where a tent or similar structure is to be used; the following requirements or documentation shall be met: 1. A limitation on the number of occupants in a structure shall be observed as per the instruction of the [INSERT OFFICIAL]. n 2. In conjunction with an occupancy limit, a seating plan, if seating is provided for Q an audience, must also be submitted and approved by the [INSERT OFFICIAL]. 3. If a tent is to be used for human occupancy, a certificate of insurance must be submitted which will cover liability on the part of the applicant or sponsor in the event of an accident. 4. A certificate of flame resistance shall be submitted which will provide assurance that the structure has been properly treated with flame retarder and has been maintained as such. G. Site Layout Where temporary structures, tents, mobile offices, accessory uses, existing structures or similar uses are required in connection with the temporary use, a sketch plan or (j layout generally drawn to scale shall be submitted and shall show the location or placement of the temporary uses, structures and accessory uses in conjunction with £� x� adjacent streets, parking, attendant accessory uses, existing or proposed. structures, w and traffic movement or flow pattern and entrances and exits: ------..... - . r Arp � ----------------.------. � Wilmington/New Hanover County 122 (December 6, 1996 Draft) -Unified Development Ordinance Article Vll/Use Regulations ............................................................................................................................................................... Sec. 704/Temporary Uses .................. 704-3 Use -Specific Standards In addition to the general temporary use standards of Sec. 704-2, the following standards �j shall apply to the specific use indicated. A. Temporary Real Estate Office The office or required accessory uses shall not be equipped or used for dwelling purposes including but not limited to sleeping and major cooking activities. B. Temporary Offices or Sheds During Construction Activity 1. Such uses shall not occupy the site for more than one year. 2. Temporary accommodations for displacees shall be allowed only on the construction site and for the specific purpose of providing temporary relocation office or work space required during construction activities involving renovation, expansion or reconstruction of an existing facility. Such temporary facilities for displacees shall not apply to residential renovation, expansion or reconstruction except as allowed in Sec. ? [19-69(c)(8)(d)] and such facilities shall not be used for residential dwelling purposes. 3. Such use may be placed on the proposed construction site no earlier than one month prior to construction and must be removed no later than one month afollowing completion of the construction. C. Fairs or Related Temporary Recreational or Entertainment Events. Fairs or similar events which usually occur on an annual basis, shall be allowed at the following locations: 1. New Hanover County Fair Grounds; 2. Public parks if authorized by the [INSERT OFFICIAL]; 3. School or college grounds if authorized by the school superintendent or college president. D. Temporary Housing Temporary Housing, manufactured housing; nonpermanent facilities for displacees as a result of a natural or man-made disaster or a publicly sponsored redevelopment or rehabilitation project in a neighborhood or area shall be allowed provided they meet the following requirements: 1. The manufactured housing must be sited in accordance with the following dimensional requirements: a. Each manufactured housing space shall have a minimum area of 4,000 square feet, b. Minimum clearance between each manufactured housing [unit] shall 15 feet--, c. Each manufactured housing [unit] shall have a minimum setback of 15 feet Al from any street right-of-way, as applicable; d. Each manufactured housing [unit] shall have a minimum setback of 20 few; from all exterior boundary lines of the site, as applicable; 40? " e. Each manufactured housing [unit] shall have a minimum setback ofo%et4 from any building within the site, as applicable. " 7 ............................................................................. ........................... "Zt• � .-= .� ............ A ' ' Wilmington/New Hanover County A' Unified Development Ordinance (December 6, 1996 Draff) 123 Article V1111.1se Regulations ...............................................................................................................................••................................................. Sec. 704/Temporary Uses 2. All manufactured housing [units] shall be connected to public water and sanitary sewer. 3. Off-street parking to accommodate a minimum of one car per manufactured housing [unit] must be provided on the site. 4. All manufactured housing [unit] shall be removed from the site within 30 days after completion of the rehabilitation work. 5. Adequate provision shall be made for solid waste management in compliance with adopted ordinances and policies. 6. The Governing Body must, by formal action, designate such area as a redevelopment area or a disaster area within specifically defined boundaries and under specific conditions as determined by the Governing Body. E. Open Lot Sales for Farm Produce 1. Temporary lot sales of farm produce are allowed in all districts provided the produce or products for sale must have been grown, raised or produced on the land or lot where the produce sales are being conducted. No permanent structure may be erected in connection with such farm produce lot sales. In addition, such temporary farm produce lot sales may occur at any time during the year when products grown or produced on the lot are ready for sale. 2. Temporary lot sales of agricultural and related products produced off the sales lot site shall be allowed in all commercial districts. However, nothing in this UDO shall prevent such temporary farm produce lot sales from being conducted upon the premises of City or County recreation or park sites, church or school grounds regardless of their district location provided such use is authorized by the [INSERT OFFICIAL]. In addition, all such temporary open lot sales shall meet the following requirements: a.. No more than 5,000 square feet of area shall be utilized for each such lot sales area; b. No permanent structures shall be erected in connection with the sales lot; c. - A specific time schedule and duration of such sales, as well as a time limit for such sales shall be established for each individual use and location at the time of application approval as determined and based upon review by appropriate public officials; and d. Final approval of such uses shall be according to Sec. ? [19- 69(c)(10)]. F. Temporary Satellite Service Office Temporary Satellite Public Service Offices shall be subject to the following standards: 1. The use must be set up, anchored, and tied -down in accordance with the standards and specifications that apply to manufactured housing units and as contained in the North Carolina State Building Code; skirting must be installed to cover the area between the floor of the unit and the ground. 2. The use must meet all front, rear, and side setback requirements that apply to �.rx principal structures in the zoning classification where the unit is located. e 7 3. Off-street parking for two vehicles must be provided on the premises. The parking area need not be surfaced with concrete or asphalt, but may be surfaced with a material deemed appropriate by the [INSERT OFFICIAL]. . �. 4. On -site lighting may not be higher than the roof of the unit, and in no case �..... ---.......-•............................................................................................•--••-............••......--- Wilmington/New Hanover County 124 (December 6, 1996 Draft) Unified Development Ordinance I I 0 It I L 0 I I D Article Vll/Use Regulations Sec. 704/Temporary Uses higher than ten feet, and must be directed or shielded so not to shine directly Dinto the windows or doors of adjacent structures. �J 5. No trees may be removed from the premises used or occupied by a temporary public satellite service office without obtaining a tree removal permit. The letter of intent shall address waste management requirements or needs for the site and special maintenance efforts to insure that the site remains free from debris or a build-up of trash, weeds or other adverse conditions constituting nuisances. The sponsor, owner or manager of any such temporary use shall be responsible for insuring that the site remains free of debris or waste upon the conclusion of each day's sale or such use. 6. The letter of intent together with any other plan or supporting documentation required by this section shall be submitted at least two weeks in advance of a scheduled temporary use. The two -week review period may be waived for minor D events by the [INSERT OFFICIAL]. This information will be reviewed by appropriate public officials. Upon completion of this review and satisfaction that the temporary use will meet required standards and not pose a serious problem or threat to public health, safety or welfare, then a certificate of occupancy will be issued. Where there is a readily identifiable major problem with the temporary use or location which the applicant is either unwilling to or cannot satisfactorily resolve, or the applicant does not meet the required standards, then the Dapplication for a certificate of occupancy for the temporary use shall be denied �-J and the temporary use shall not be allowed. Applications for an extension of a temporary use must be made in the form of a letter stating the reasons for an extension. Such extension may be granted by the [INSERT OFFICIAL] provided all requirements have been met by the applicant and no violations have been noted during the initial event period. No more than one extension shall be (� granted, limited to the specified duration of the original temporary use. Requests Ufor extensions shall be submitted two working days prior to the expiration of the use. D704-4 Yard Sales Yard sales shall be limited to two occurrences within a twelve-month period; each Doccurrence may only be for one day and only during daylight hours. ......................................................................... Wilmington/New Hanover County Unified Development Ordinance ................................................. ....,Y. ........ . y (December 6, 1996 Dr ff) 125 'e, ' .r9 126 . (December 6, 1996 Draft) ------------------••••--••......•...••••-•••......•••••••.....•••••••••••••... Wilmington/New Hanover County Unified Development Ordinance fl. I a I Article VM/ Zoning District Dimensional Standards Sec. 801/ Dimensional Standards Table (Residential Districts) Table 801 (page 130) lists the dimensional standards that apply to conventional development within residential zoning districts. These are "minimum" standards, not entitlements. Other regulations of this UDO will often work to impose greater Restrictions. Performance Residential Developments shall comply with the standards of Sec. 804. All development within residential zoning districts shall be subject to the dimensional standards contained in Table 801 unless otherwise approved in accordance with the UDO. Sec. 802/ Dimensional Standards Table (Nonresidential Districts) Table 802 lists the dimensional standards that apply within nonresidential zoning districts. These are � "minimum" standards, not entitlements. Other regulations of this UDO will often work to impose i l greater restrictions. All development within nonresidential zoning districts shall be subject to the 11..11 dimensional standards contained in Table 801 unless otherwise approved in accordance with the UDO. F1 I I V I 0 11 Table 802 Zonis Dtstnct 1�eveIopment Stattdartis ::::..:.. Q!ScI NB ; :I :::CS:, Minimum Lot Size (sq ft 5,000 5,000 15,000 7,500 None None None Minimum Lot Width ft 50 50 75 65 None None None Minimum Front Setback ft 30 30 50 35 None 50 50 Minimum Interior Side Setback ft 5 1 G 1 8 1 7[11 None 2 20 3 30[a_ Minimum Street Side Setback ft 30 30 50 35 None[2] 50 50 Minimum Rear Setback ft 10 4 10 4 15 4 15[41 None[21 35131 50 3 Maximum Lot Cove(Pct. of lot area NA NA NA NA NA NA NA Maximum Height ft 35 35 35 5 35 5 None 2 35 5 35 [1] When adjacent to lots zoned MF-H or more restrictive, the minimum setback shall be 20 feet. Zero Lot Line development is allowed. See Sec. ?. [2] When adjacent to lots zoned AM-H or more restrictive, buildings shall be set back from interior side and rear lot lines by at least one foot for each foot of building height above 20 feet. [3] Minimum setback shall apply when 'adjacent to street rights -of -way br lots zoned MF-H or more restrictive. In all cases, buildings shall be set back from interior side and rear lot lines by at least one foot for each foot of building height above 20 feet. [4] When adjacent to lots zoned NM-H or more restrictive, the minimum setback shall be 25 feet and buildings shall be set back from interior side and rear lot lines by at least one foot for each foot of building height above 20 feet." [5] Building heights of up to 96 feet shall be permitted, provided that minimum setbacks shy increase one foot for each two feet of building height above 35 feet.' -.......-•..................................•----................ ........,� » ............... Wilmington/New Hanover County r Unified Development Ordinance (December 6, 1996 Draft) 127 ToVe 801 cco Development : Standards::* kk::::j R-20S:%'] R .20 16 FJK4. 41k.Nw 4N mmum Lot Size (square feet) Sine-Family Detached o 30,000 20,000 20,000 15,000 10,000 7.000 5,000 3,000 7,000 5,000 3,00( S�l Duplex 50,000 NA 35,000 25,000 15,000 [11 [11 Nonresidential Uses W., — . _j.. -, (D Maximum Density (units per acre) III NA 1 I 1 1 1 1 11 9.7 1 17.4 36.3 3 Minimum Lot Width (ft) 115 90 go 80 70 50 50 35 80 90 100 Cr (D Minimum Front Setback (ft) 40 30 30 S 30 20 15 35 35 30 0% Minimum Interior Side Setback (0t 20 15 15 10 8.5 7[21[31 5[2][31 20[21 20[21 1 20 L2 ,0 Minimum Street Side Setback (ft) 20 15 15# 12.5 10.5[21 5[21 300_ 30[21 1 3OL2 %0 ON Minimum Rear Setback (ft) 30 25 25 20 15 15 25 25 25 Maximum Lot Coverage (pct. of lot area ) 50 50 50 30 30 35 Maximum Height (0t 35[41 35[41 35[41 35[41 35f41 35 35 35 35[51 35[51 35[5 :0 O CON 0.1 Z CL: Q 0 See Performance Residential Development standards of Sec. 804. (D :[2] Zero Lot Line development is allowed. See Sec. 0 01 :[3] ted or 10 percent of lot width, whichever is less. Mnimurn setback shall be as sta 0 0 C :[4] The maximum allowable height for piling -supported primary structures located in "Coastal High Hazard Area, V-Zones" or Ocean 0 Hazard Areas as defined by the Coastal Resources Commission shall be 44 feet. (D 1Z [5] Building heights of up to 96 feet shall be permitted, provided that minimum setbacks shall increase one foot for each two feet of building height above 35 feet. C= E--1 C-1 C= Article VIII/Zoning District Dimensional Standards Sec. 803/Meawrements, Computations and Exemptions aSec. 803/ Measurements, Computations and Exemptions This section sets out the rules governing exemptions, computations and measurements related to zoning LJ district dimensional standards. 803-1 Lot Size rj Lot size or lot area refers to the horizontal land area within lot lines. No building permit u or development approval shall be issued for a lot that does not meet the minimum lot size requirements of this UDO except in the following cases. I 0 I I I 0 I I A. Reduction of Public Purpose When an existing lot is reduced because of conveyance to a federal, state or local government for a public purpose and the remaining area is at least 75 percent of the required minimum lot size for the district in which it is located, then that remaining lot shall be deemed to comply with the minimum lot size standards of this UDO. B. Utilities Utilities using land or an unoccupied building requiring less than 1,000 square feet of site area are exempt from the minimum lot size standards of all zoning districts. C. Single -Family Dwelling Exemptions The minimum lot size standards of this UDO shall not be interpreted as prohibiting the construction of a single -family -dwelling unit on a lot that was legally platted or recorded before the adoption of this UDO. 803-2 Residential Densities The zoning district regulations of this UDO express maximum residential densities in terms of lot area requirements per dwelling unit. The maximum number of dwelling units allowed on a lot shall be determined by dividing the subject foes total lot area by the applicable lot area (per dwelling unit) requirement of the district The number of dwelling units permitted in a mixed -use building (one containing residential and nonresidential uses) shall not be affected by virtue of the building's mixed -use status. As with non - mixed -use projects, the maximum number of dwelling units allowed shall be calculated by dividing the subject Toes total lot area by the applicable lot area requirement of the district. 803-3 Lot Width Minimum lot width shall be measured between the side lot lines along a line that is paral- lel to the front lot line or its chord and located the minimum exterior setback distance from the front lot line. 803-4 Wilmington/New Hanover County Unified Development Ordinance Building Coverage Building coverage refers to the area of a lot covered by buildings or roofed areas, as measured along the outside wall at ground level, and including all projections, other than open porches, fire escapes, canopies and the first three feet of a roof overhang. Ground - level parking, open recreation areas, patios and plazas shall not be counted as building coverage. ........................ ....-.rye ...... (December 6, T Qtaff) 129 Article Vill/Zoning District Dimensional Standards ................................................................................................................................................... Sec. 803/Measurements, Computations and Exemptions 803-5 Setbacks Setbacks refer to the unobstructed, unoccupied open area between the furthermost projection of a structure and the property line of the lot on which the structure is located, except as modified by the standards of this section. Setbacks shall be unobstructed from the ground to the sky except as specified in this section. A. Features Allowed Within Setbacks The following features may be located within setbacks: 7. Trees, shrubbery or other landscape features; 8. Fences and walls, subject to Sec. 1005. 9. Driveways and sidewalks; 10. Signs, where permitted; 11. Steps to the principal entrance, walks and balustrades; 12. Bay windows, architectural features, cantilevered floors, chimneys, and other ornamental features of buildings that do not project more than two feet into the required setback; 13. Fire escapes, stairways other necessary unenclosed projections that do not extend into a setback by more than 3'A feet•, 14. Unenclosed porches, landings, terraces, patios or platforms that do not project into any required front or rear setback by more than 8 feet, and 15. Utility lines, wires and associated structures, such as power poles. B. Setback Averaging For properties which zr-- located widin d'; city's 194� corporate firnits, if fifty (5(� - , observed: If the existing front or street side setbacks of lots within the same block, with the same zoning classification and fronting on the same side of the street are less than the required front or street side setback of the underlying zoning district, .applicants shall be allowed to use the "average" exterior setback on that block. In such cases, the "average setback" shall be the mean (average) setback of all lots on the same side of the street within the same block as the subject property. In no event shall lots with different zoning classifications or undeveloped lots be included in the calculation of the average setback, and in no case shall more than six lots on either side of the subject property be included in the calculation. This provision shall not be interpreted as requiring a greater exterior setback than imposed by the underlying zoning district, and it shall not be interpreted as allowing setbacks to be reduced to a level that results in right-of-way widths dropping below established minimums. C. Setbacks Reduced for Public Purpose When an existing setback is reduced because of conveyance to a federal, state or local government for a public purpose and the remaining setback is at least 75 percent of the required minimum setback for the district in which it is located, then that remaining setback shall be deemed to satisfy the minimum setback standards of this UDO. 130 " CIDecember 6, 1996 Draft) ............................................................................... Wilmington/New Hanover County Unified Development Ordinance 11 0 1] Le I I I I I 0 I 0 ,,,,,,,, ,, ,- ,,, ,,,,,,, Article V111/Zoning District Dimensional Standards ... ........... ...-----•- --....--••--- •.............................. .......... ............... ............................. Sec. 803/Measurements, Computations and Exemptions D. Zero Lot Line Development 1. Zero lot line development is permitted when a windowless wall of a structure is placed either on one side property line and when the remaining distance required for the lot to meet the total side setback requirement is provided on the opposite side property line. 2. In residential districts, zero lot line development of single-family, detached structures shall be allowed only on tracts consisting of two acres or more. This provision is not applicable in O&I and less restrictive districts. 3. As a minimum, lots located on the outside perimeter of such a development shall provide the standard side yard of the adjacent zoning district. 4. When the Zero Lot Une technique is applied to comer lots, the structure shall not encroach upon the required street side, setback. . 5. If two residential structures on two lots must be located on the same side property line, then they shall have a common windowless wall conforming to the construction standards of section 403.3 in Volume 1 of the North Carolina State Building Code. All nonresidential structures must conform to section 601 in Volume 1 of the North Carolina State Building Code. 6. Whenever a structure is located within four feet of a side property line, a perpetual easement for wall and roof maintenance shall be provided on the adjacent lot. The minimum width of this maintenance access (side setback plus easement area) shall be four feet. The easement shall be incorporated into each deed. 803-8 Height Building height refers to the vertical distance between the average finished grade at the base of the building along the side of the building being measured and: 1) the average height level between the eaves and ridge line of a gable, hip or gambrel roof, 2) the highest point of a mansard roof, or 3) the highest point of the coping of a flat roof. Height of a building in stories does not include basements or cellars, except as specifically provided otherwise. A.. Fences or Walla In the case of fences or walls, height shall be measured on the side with the least vertical exposure above finished grade to the top of the fence or wall. B. Exemptions from Height Standards The following structures and features shall be exempt from the height requirements of this UDO: 4 x6 1. Chimneys, smokestacks or flues; ��` F` ' .......-•.................................................................. .. .... ... ....... Wilmington/New Hanover County Unified Development Ordinance (December 6, 1•996 C3flft) 131 Article Vill/Zoning District, Dimensional Standards ................................... ......---••----•--•----.............•----•--...............---..................................................... Sec. 803/Measurements, Computations and Exemptions 2. Cooling towers and ventilators; 3. Elevator bulkheads and stairway enclosures; 4. Grain elevators and silos; 5. Radio and television receiving antennas and support structures, provided that they shall not be erected to a height greater than 20 feet above the roof line; 6. Communication towers, subject to Sec. 702-6; 7. Utility poles, water towers and support structures; 8. Belfries, spires and steeples; and 9. Monuments and ornamental towers. Sec. 804/ Performance Residential Development Performance Residential Development shall be allowed in R-3 and more restrictive zoning districts, subject to the standards of this section 804. 804-1 Density Performance Residential Developments shall be subject to the following maximum density standards. . Maximum laenssty (Unitsr Acze RA R-205 R`20 . R;iS R AT. 1.0 NA 1.9 2.9 4.4 6.2 8.7 14.5 804-2 Drainage A drainage plan meeting the following design standards shall be submitted to the [INSERT OFFICIAL] for approval. A. Runoff Rates 1. Stormwater runoff will be managed and structures appropriately sized such that the peak rate of discharge from the site after completion of development for any storm in size 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 10 years and lasting for 24 hours. 2. Discharge of runoff from impervious surfaces directly into natural water bodies shall not be allowed. Runoff shall be routed along vegetated swales, through filter media of vegetation, gravel, sand, or other media, or to detention ponds for the purpose of increasing percolation and settling and filtering out of non -point Pollutants. B. Discharge of Runoff 1. Discharge of runoff standards shall apply only to the anticipated final development. 2. Discharge of runoff from impervious surfaces directly into natural waterbodies shall not be allowed. Runoff shall be routed along vegetated swales, through filter media of vegetation, gravel, sand, or other media, or to detention ponds for the purpose of increasing percolation and settling and filtering out of non -point pollutants. .. Wilmington/New Hanover County 132 r r (December 6, 1996 Draft) Unified Development Ordinance I I I I it 11 Ill r I I I [1 I I it 0 I I I Article Vill/Zoning District Dimensional Standards Sec. 804/Perromiance Residential Development 804-3 Water Supply and Sewage Disposal Facilities Water supply and sewage disposal facilities shall be approved by the appropriate local or state agency. 804-4 Open Space All undivided areas within the development (other than street rights -of -way, parking, and structures) shall be designated as open space. The open space shall meet the requirements of Sec. ? [69.1]. Any land designated as open space may be used in calculating the density for a proposed development and may be retained by the developer. .� ... - .. 804-8 Review and Approval Procedure Performance Residential Development proposals shall be processed as Major Subdivisions, in accordance with the procedures of Sec. ?. 804-7 Property Owners' Associations . A property owners' association shall be established, in accordance with the requirements of Sec. 925. 804-8 Butter Strips Buffer strips shall be provided, in accordance with Sec. ?. Wilmington/New Hanover County Unified Development Ordinance (December 6, . T96 �3ta) �o- 133 --------------- N-------------- --- k' "T" " *�'40 Wilmington/New Hanover County 134 'C(December 6, 1996 Draft) Unified Development Ordinance Article T.X Subdivision Design and Improvements Sec. 901/ General 901-1 Applicability The subdivision design and improvement standards of this article apply to all "Subdivisions," as that term is defined in this UDO. a 001-2 Urban vs. Rural Standards Many of the subdivision design and improvement standards of this article are expressed in. terms of "Urban" standards and "Rural" standards. "Urban" standards shall, apply.to all subdivisions within the corporate limits of the City of Wilmington acc'13Iit xx} "Rural" standards shall apply to all subdivisions within unincorporated New Hanover County* D001-3 Subdivision Improvements and Design in General Improvements within urban and rural subdivisions shall be installed and designed in accordance with the standards of this article and such other technical standards and specifications as have been adopted by the Governing Body or other entities with responsibility for providing facilities and services. Whenever topographic or other a physical conditions of the site require more stringent engineering practices or standards, such standards and practices shall be utilized and followed in the design of a subdivision. Any land area deemed by the Governing Body to be unsuitable for residential occupancy shall be prohibited for subdivision development. In making its determination, the Governing Body shall be guided by an analysis of available data on topography, soils, flood plains, drainage, and ground and surface water. aA. Access All public agencies shall have access to the premises and structures of a subdivision during reasonable hours to make those inspections as deemed necessary by them to aensure compliance with the provisions of this article. B. Inspection D Prior to commencing any work within the subdivision the subdivider shall make arrangements with those public agencies charged with the enforcement of the provisions of this article to provide for adequate inspection of his improvements. C. Erosion Control The subdivider shall cause all grading, excavations, open cuts, side slopes and other a land surface disturbances to be so mulched, seeded, sided or otherwise protected to comply with the provisions of the approved Sedimentation and Erosion Control Plan for the site. D. Existing Flora The subdivider shall make every effort to protect and retain all existing trees, shrubbery, vines and grasses not actually living in public roadways, drainageways, building foundation sites, private driveways, soil absorption waste disposal areas, paths and trails. Such trees are to be protected and preserved during construction in accordance with sound conservation practices. Temporary vegetation and mulching shall be used to protect critical areas, and permanent vegetation shall be installed as' soon as practical. X`Nr.;y a........................................................................................................................ A.y... Wilmington/New Hanover County`' e'er ' z: Unified Development Ordinance (December 6, 1996 Dtaft) 135 Article IX/Subdivision Design. and Improvements Sec. 901 /General E. Construction U Construction at any given time shall be confined to the smallest practical area and for the shortest practical period of time. 801-4 Waiver of Requirements The [INSERT REVIEW/DECISION-MAKING BODY] may waive those standards a that place a physical, but not an economic, hardship on the subdivider due to existing topographic or other physical conditions of the site. . Sec. 902/ Subdivision Names Subdivision names shall not be duplicate or be phonetically similar to existing development or subdivision names within the City or County except where they are additions to existing developments. n Sec. 803/ Monuments 903-1 Urban Q The standards of this subsection shall apply to urban subdivisions. A. Permanent Monuments Permanent monuments of stone or concrete shall be placed at the point of intersection on the centeilines of intersecting street right-of-ways and at the point of intersection of the tangents of curves when such point lies within the pavement of the proposed street. Otherwise, monuments shall be placed on the centerline at the �J points of curvature and also at the points of tangency of all curved areas which are to be dedicated for street purposes. Such monuments shall be set nine (9) inches below the finished grade of the pavement. A metal casting of approved type will be mounted over said monument with its base flange mounted on a brick foundation with mortar joints of at least two (2) course thickness, the top ofwhich must be a minimum of one and three-quarters (1 3/4) inches higher than the highest point of the monument. Permanent monuments shall be at least thirty (30) inches in length, six (6) inches in diameter and shall have a metal pin or punch -marked metal plate embedded therein marking the point represented on the final plat. a B. Lot Corners All lot comers, other than those marked by permanent monuments as described herein, shall be marked by metal stakes not less than three-quarters inch in diameter, nor less than two and one-half (2 1/2) feet in length. 003-2 Rural The standards of this subsection shall apply to rural subdivisions. A. Permanent Monuments Permanent monuments shall be placed at one or more comers of the subdivision to be designated as control comers according to street. designation, public or private, as follows: WO �r x � t. __ __............................................•... Wilmington/New Hanover County 136 (December 6, 1996 Draft) Unified Development. Ordinance a Article IX/Subdivision Design. and lmproyements ...................................................... . I I 0 0 iil I 0 I Sec. 903/Monuments 1. Public Streets Permanent monuments shall be placed at the point of intersection on the centerlines of intersecting streets and at the point of intersection of the tangents or curves when such point lies completely within the pavement of the proposed street. Otherwise, monuments shall be placed on the centerline at the points of curvature and also at the points of tangency of all curved areas which are to be dedicated for street purposes. Such monuments shall be set nine (9) inches below the finished grade of pavement. A metal casting of approved type shall be mounted over said monument with its base flange mounted on a brick foundation with mortar joints of at least two (2) course thickness, the top of which must be a minimum of one and three-quarter (13/4) inches higher than the highest point of the monument. Permanent monuments shall be either of stone or concrete. They shall be at least thirty (30) inches in length, six (6) inches in diameter, and shall have a metal pin or punchmarked metal plates imbedded therein marking the point represented on the final plat. The location of all monuments shall be shown on the final plat. n Pamyate Streets MH nrunamentaii F i I strects shaH .. I inh Nortir eardina Genmd ............... 3. Lot Corners All lot comers, other than those marked by permanent monuments as herein described, shall be marked by metal stakes not less than three-quarter (3/4) inches in diameter, no less than two and one-half (2 1/2) feet in length. Sec. 904/ Lots 904-1 Urban Lots within urban subdivisions shall comply with the standards of this section. A. General Lot sizes, shapes and locations shall be made with due regard to topographic conditions, contemplated use and the surrounding area. B. Zoning District Standards Lots shall conform to the area, dimensional and building setback requirements as prescribed in the zoning ordinance (Chapter 19 of this Code) for the appropriate zoning district in which the proposed subdivision will be located. C. Access Each lot of a subdivision shall individually abut or be adjacent to an approved street or private access easement as defined in section 18-2. Townhouse -type subdivisions may be exempted from this requirement at the discretion of the [INSERT REVIEW/DECISION-MAKING BODY]; provided, however, in all cases, each individual lot shall be assured safe and reasonable vehicular access to and from an ter. approved street. F � < ............................................... .......... ................£.;..y SY�.....,s�`=..... Wilmington/New Hanover County Unified Development Ordinance (December 6, 1�396 Draft) 137 Article DUSubdivision Design. and Improvements ....................................................... ....... a ........................ Sec. 904/Lots D. Double -Frontage Double frontage or reverse frontage lots shall be avoided. Whenever the exception of such lots is permitted, the provisions of this chapter in sections 18-61(d) and 18-91 shall be provided by the subdivider. E. Corner Lots Comer lots are recommended to be increased one and one-half (V/z) times the minimum required lot size since comer lots normally have less building area due to the front setback line being applicable to two (2) or more sides.. F. Side Lot Lines Side lot lines shall be substantially at right angles or radial to street lines. Where side lot lines intersect at the rear of the lot, the angle of intersection shall not be less than sixty (60) degrees. G. Maximum Depth Lots may not have a depth greater than four (4) times the mean width. H. Uninhabitable Lots Any portion of a subdivision subject to flooding and other hazards deemed by the [INSERT REVIEW/DECISION-MAKING. BODY] to make the property uninhabitable shall be prohibited for occupancy or other uses that may jeopardize life, health or property, or may increase the flood possibilities. The [INSERT REVIEW/DECISION-MAKING BODY] shall have the authority to require the subdivider to famish reasonable evidence that such lots within the subdivision are not subject to flooding when located within a questionable area. When questionable, the subdivider shall provide a determination of the crest elevation of a one -hundred - year probable frequency flood in accordance with accepted engineering practice. This determination must reflect the actual conditions imposed by the completed subdivision and must give due consideration to the effects of urbanization and obstructions. Lots known to be within the floodplain or any area known to be subject to flooding shall be so identified on the preliminary plat. 004-2 Rural A. Layout Lots within rural subdivisions shall comply with the standards of this subsection. 3. Lot sizes, shapes and locations shall be made with due regard to topographic conditions, contemplated use, and the surrounding area. Every conventional residential lot (as defined in the Zoning Ordinance) shall front .;�public or street. # t e � N. fil :. rg ;t% serif 4. Lots in subdivisions that have been zoned by the County Commissioners shall not be less in width, depth or area specified in the zoning district in which the subdivision exists. A. 5. Comer lots shall have width sufficient to permit adequate building setback from side streets. ,;� 6. Double frontage or reverse frontage lots shall be avoided except where � ..............................................•---............._....----.......Wilmington/New Hanover County 138p December 6, 1996 Draft) Unified Development Ordinance III I In I I I 11 � I 0 0 I I Article IX/Subdivision Design and Improvements Sec. 904/Lots necessary to separate residential development from through traffic or nonresidential uses. 7. Side lot lines shall be substantially at right angles or radial to street lines. 8. In no instance shall the length of nitrification lines (septic tank drain field) for a residential lot be less than the size determined to be adequate by the New a Hanover County Environmental Health Department after investigation of soil conditions, proposed individual disposal system, and depth of ground water. a B. Building Setback Line The minimum building setback or the distance between the street -right-of-way and the building line shall not be less than that required by the zoning district in zones in which the lot is located. Sec. 905/ Blocks 905-1 urban Blocks within urban subdivisions shall comply with the standards of this subsection. A. General u The lengths, widths and shapes of blocks shall be determined with due regard to provision of adequate building sites suitable to the special needs of the type of use D contemplated; zoning requirements as to lot sizes and dimensions; needs for vehicular and pedestrian circulation, control and safety of street traffic; limitations and opportunities of topography; and convenient access to public recreational areas. B. Block Length Blocks shall not exceed one thousand two hundred (1,200) linear feet or be less than afour hundred (400) linear feet. C. Block Width Blocks shall have sufficient width to allow two (2) tiers of lots of minimum depth, except where single tier lots are required to separate residential development from through vehicular traffic, to separate the lots from another type of use, to provide for uncongested traffic flow, to allow for unusual topographic conditions or in instances where said lots are adjacent to subdivision perimeter property lines. D. Pedestrian Crosswalks Where deemed necessary by the [INSERT REVIEW/DECISION-MAKING BODY], a pedestrian crosswalk at least fifteen (15) feet in width may be required through a block to provide convenient public access to a public or common area such as a park, open space area, school or a water area. 005-2 Aural Blocks within rural subdivisions shall comply with the standards of this subsection. A. General aBlocks shall be laid out with special attention given to the type of use contemplated. ....:............................•....--------........-•-•--------....-•-------.....----........--•--.........--••-----......---------..........-':";.;y ..... .............. �M1tl Wilmington/New Hanover County Unified Development Ordinance (December 6, 1`6 L3taff) 139 Article IYJSubdivision Design and_ Improvements .......................................................................................................................................... Sec. 905/Blocks B. Length Block lengths shall not exceed one thousand four hundred (1,400) feet or be less than four hundred (400) feet. C. Width . Blocks shall have a sufficient width to allow two (2) tiers of lots of minimum depth. Blocks may consist of single tier lots where such are required to separate residential development from through vehicular traffic or nonresidential uses. Sec. 906/ Easements 906.1 Urban Subdividers of urban subdivisions shall comply with the easement standards of this subsection. A. Generally Utility rights -of -way for storm sewers, sanitary sewers, or water mains shall be separate and distinct from any building area on a lot, and shall be separate from the lot or located along the lot line(s), either centered or entirely on a lot, as deemed necessary by the [INSERT OFFICIAL]. B. Drainage Easements Where a subdivision is traversed by a watercourse or drainageway, an easement shall be indicated on all plats of the subdivision. Such easement shall conform substantially with the lines of the watercourses or drainageways and shall be of sufficient width as determined by the [INSERT REVIEW/DECISION-MAKING BODY] to be adequate for maintenance purposes. The [INSERT REVIEW/DECISION- MAKING BODY], in its discretion, may require to subdivider to convey easements to the city providing the city access to and along watercourses or drainageways traversing the subdivision for the purpose of maintaining such watercourses or drainageways. C. Utility Easements Electrical and communication utility easements shall be required on rear lot lines and on various side lot lines for underground or aboveground public or private utilities. The width of such easements shall be based upon the type of utility installed and the area required for adequate maintenance of said utilities. It is recommended that electric power and communications services be placed underground within rear lot easements where possible. D. Buffer Easements The [INSERT REVIEW/DECISION-MAKING BODY] may require an easement as much as fifty (50) feet in depth, in addition to the normal lot depth, for subdivisions adjacent to railroads, major streets, highways and thoroughfares, and between various types of developments. This easement shall be part of the platted lots, but shall have the following restriction notice on the face of the plat. `°Phis easement is established for the purpose of the planting of �140 Y trees or other types of vegetation or the preservation of existing ...........................................•------...........-----------------•••-------.......-•----..........-----............--•---.....---.....---.....--•- Wilmington/New Hanover County 1410 "(December 6, -1996 Draft) Unified Development Ordinance I I i I I I I II' U 0 I i I 71 Article IX/Subdivision Design. and Improvements ............................................................... Sec. 906/Easements vegetation; the erection of structures herein and through access by motorized vehicles is prohibited.'.' All buffers shall be provided in accordance with Sec. ? E. Deeds of Easement Easements to be dedicated to the City of Wilmington for the operation, use, replacement and maintenance of public utilities, including but not limited to water mains, sanitary sewer mains, storm drainage lines, and all appurtenances, together with the means of access to them, shall be dedicated for the public use by a separate deed of easement. If such easements are correctly and adequately described on the final subdivision plat, the easements maybe described in the separate deed of easement by reference to the recorded final plat. The [INSERT OFFICIAL] shall ascertain that the easements are correctly and adequately described on the final plat The deed of easement shall be in the format as determined and approved by the city attorney. All utilities within the easement to be dedicated shall be constructed to the specifications of the city, and will remain the property of the subdivider until officially accepted for operation, use and maintenance as part of the city's system. Official acceptance shall be by resolution of the Governing Body. The deed of easement shall be recorded with the New Hanover County Register of Deeds. 906-2 Rural Subdividers of urban subdivisions shall comply with the easement standard of this subsection. A. Where a subdivision is traversed by a water course, drainage way, channel, or stream, there shall be provided a storm easement or drainage right-of-way of not less than thirty (30) feet with a ditch centered twenty (20) feet from one side and ten (10) feet from the other side of the easement conforming substantially to the lines of such water course. Shallow swale easements along the perimeter of lots may be less than thirty (30) feet provided they are approved by the [INSERT OFFICIAL]. B. Easements up to thirty (30) feet or more in width will be required for gravity sewer lines and not less than fifteen (15) feet for water lines, other underground and above ground public utilities, or for piped drainage facilities. Where practical, subdivisions shall be designed in such a manner that lots may be served from the rear utility easements. C. Subdividers are encouraged to place all electrical and telephone lines underground. Sec. 807/ Grading 907-1 Urban Subdividers of urban subdivisions shall clear and grade proposed streets to their full right-of-way width. Where slopes from edges of rights -of -way are required to meet yard grades, such slopes shall be placed on private property. 907-2 Rural ............................................................................................... W11Imington/New Hanover County Unified Development Ordinance I Al `tea �`... 4X. (December 6, T'996 L...... 141 Article W/Subdivision Design and Improvements ....................................................... .................................................................................... Sec. 908/Street Names and Signs Sec. 908/ Street Names and Signs - Streets that are in alignment with other existing and named streets shall bear the existing street name. In no case shall the name of proposed streets duplicate or be phonetically similar to existing street names within the City or County. 808-1 Urban The subdivider shall acquire and erect official street name signs at all intersections associated with the subdivision in accordance with the Technical Standards and Specification Manual The city, upon agreement with the subdivider, will install the street signs and the subdivider shall pay to the city the cost of such installation. 008-2 Rural The subdivider shall be responsible for erecting street name signs at all intersections within the subdivision. Signs on public streets shall conform with existing Department of Transportation regulations. Sec. 908/ Street Lights $00-1 Urban The city shall install street lights within subdivisions in accordance with the standards of the city. In instances where underground wiring is specified, the subdivider shall reimburse the city for the initial contribution required under the utility company's street lighting service scheduled (customer participation) at the time of installation. 808-2 Rural Sec. 910/ Entrance Signs and Lighting 910-1 Urban Signs delineating the subdivision name and any lighting associated with such sign shall be constructed in compliance with Article MI. 910-2 Rural Sec. 811/ Street Trees 011-1 Urban 911-2 Rural If street trees are planted they shall be planted inside the property lines where they are less subject to injury, decrease the chance of accidents, and enjoy more favorable conditions for growth. Trees in islands within dedicated rights -of -way are excepted. A. ? C` . ..1 W c.............. .............................. ...... ....................... 142&(December 6, 1996 Draft) I I 0 0 I 0 I 1, 11 I � II .............................................................................. Wilmington/New Hanover County LJ Unified Development Ordinance I I ,, - , ,,,,,,,,, ,•,,, ,,,,,,,,,, ,, , Article IXISubdivision Design and Improvements Sec. 912/Flre Hydrants Sec. 912/ Fire Hydrants 912-1 Urban Subdividers of urban subdivisions shall be responsible for the installation of fire hydrants within the subdivision in accordance with the standards of the Technical Standards and Specification r Manual 912-2 Rural Subdividers of rural subdivisions shall be responsible for providing adequate fire protection for the subdivision through the provision of fire hydrants. These fire hydrants shall be constructed to specifications established by the county Fire Marshall, based on NFPA standards. Hydrants shall be required as follows: A. Subdivision with Central Water System For any major subdivision served by central water system meeting State requirements ( Section .2101 Title 10 - Chapter 10D NCAC) for fire hydrants, the subdivider shall be required to install a fire hydrant at the entrance to the subdivision and additional hydrants equal either to the total linear feet of roadway divided by 1000 or the total number of lots/units divided by 40, whichever is greater. These additional hydrants shall be spaced evenly through the subdivision in order to provide maximum fire protection coverage, as determined by the county Fire Marshall. In no case shall a lot/unit be located more than 500 feet from a hydrant. B. Subdivision with Surface Water Bodies For any major subdivision without an adequate central water system, but either including or adjacent to an adequate permanent surface water body, the subdivider shall be required to do one of the following. 1. Install a dry fire hydrant as close to the water source as possible with the adequacy of the water source and the location of the dry fire hydrant to be determined by the County Fire Marshall; or 2. Establish an easement or road to the water source providing permanent all- weather access that is adequate for fire -fighting equipment and vehicles as determined by the County Fire Marshall. Sec. 913/ Water 013-1 Urban Urban subdivisions shall be connected to the water system of the City of Wilmington in order to provide water to every lot within the subdivision. Mains shall be constructed in accordance with city standards and policies. Water connections shall be constructed under the supervision and approval of the [INSERT OFFICIAL]. 913.2 Rural The subdivider shall submit to the [INSERT OFFICIAL] along with the final plat a letter of approval of water supply signed by the appropriate authority. The subdivider shall install these facilities in accordance with the approved plans. .......................................................................... Wilmington/New Hanover County Unified Development Ordinance a�4 •k •�(L N . 4,'{�� , +C. (December 6, T* ' Left) 143 Article IX/Subdivision Design and Improvements ........................................................................................................................................ Sec. 914/Sewer Sec. 914/ Sewer S M I Urban Subdividers of urban subdivisions shall be required to connect to the sewage system of the City of Wilmington in order to provide sewer service to every lot within the subdivision. Due consideration shall be given for existing or potential sewer lines for adjoining property in the design and arrangement of sewer lines for the proposed subdivision. 914-2 Rural Subdividers of rural subdivisions shall submit to the [INSERT OFFICIAL] along with the final plat a letter of approval of sewage disposal system signed by the appropriate authority. The subdivider shall install these facilities in accordance with the approved plans. Prior to final plat approval, the subdivider shall design and install a sewage collection system providing service to each lot located within the Sewer District of New Hanover County; provided that this design and installation requirement shall not apply to minor subdivisions which are served by a) streets presently scheduled for County sewer installation, or b) streets which the [INSERT OFFICIAL] projects to be scheduled in future phases. Sec. 915/ Transit Facilities 915-1 Urban Within urban subdivisions, transit system facilities (to include turnout lanes, shelters, signs and markings), as designated by the [INSERT REVIEW/DECISION-MAKING BODY], shall be constructed, provided and installed in accordance with the Technical Standards and SpeciftcationtManual and acceptable traffic engineering specifications and standards. 015-2 Rural Sec. 816/ Alleys 916-1 Urban 016-2 Rural Alleys are not permitted in residential districts except when the [INSERT REVIEW/DECISION-MAKING BODY] determines that special conditions warrant a secondary means of access. Design standards for alleys that are permitted shall be approved by the North Carolina Department of Transportation, Division of Highways. Sec. 917/ Sidewalks, Trails and Bikeways 917-1 Urban rk The standards of this subsection shall apply to urban subdivisions. $ A. Sidewalks, walkways and other pedestrian was shall be provided b the subdivider Y P Y P Y ..................................••.....................................................•••........................................................••........ Wilmington/New Hanover County 144 r:s (December 6, 1996 Draft) Unified Development Ordinance ....... .............. ....... .......... Article IX/Subdivision Design. and Improvements .... ..... ... Sec. 917/Sidewalks, Trails and Bikeways within or adjacent to a subdivision, as deemed necessary by the [INSERT REVIEW/DECISION-MAKING BODY], upon reasonable evidence that the sidewalks, walkways or other pedestrian ways would be essential for pedestrian access to community facilities, that such is necessary to provide safe pedestrian movement outside the street or street rights -of -way area or that such is an extension or could reasonably become an extension of existing sidewalks, walkways and other pedestrian ways. All sidewalks, walkways, and other pedestrian ways shall be aligned as required by the [INSERT REVIEW/DECISION-MAKING BODY] and designed and constructed to conform to the Technical Standanir and Specifrcationr Manual Sidewalks shall be indicated on all preliminary plans as outlined above, under section 18-112(b)(17) of the City Code. B. Sidewalks shall be required to be constructed in the following circumstances: 1. On a minimum of one side of the right-of-way of all thoroughfares such as freeways, expressways, arterials or collector streets, which are adjacent to the property to be developed; 2. On each side of the right-of-way of all thoroughfares such as freeways, expressways, arterials or collector streets that run through property to be developed if the subdivider intends to construct any portion of the thoroughfare as access to the subject development, and 3. On each side of the right-of-way of all local streets extending through the property to be developed. 4. The [INSERT REVIEW/DECISION-MAKING BODY] may exempt sidewalk installation in specific cases upon a finding that sidewalks are unnecessary for the protection of the public safety or welfare due to conditions peculiar to the site. 5. If the subdivider elects to incorporate bikeways within a subdivision, he shall be responsible for providing the required markings and the acquisition and erection of all signs, signals or other items in order to create safe bicycling conditions as deemed necessary by the [INSERT REVIEW/DECISION-MAKING BODY]. 6. The [INSERT REVIEW/DECISION-MAKING BODY] may require the subdivider to make provisions for a bikeway, i.e., increased right-of-way, etc., to be installed at the city's expense. 917-2 Rural Sec. 918/ Drainage 918-1 Urban Subdividers of urban subdivisions shall provide an adequate drainage system for the proper drainage of all surface water. The design of such a system shall be subject to the approval of the [INSERT REVIEW/DECISION-MAKING BODY] pursuant to these regulations: A. No surface water shall be channeled or directed into a sanitary sewer. B. Where feasible, the subdivider shall connect to an existing storm drainage system. In no case shall there be open ditches in the street rights -of -way. C. Where an existingstorm drains system cannot feasibly be extended to the $e Y Y subdivision, a surface drainage system shall be designed to protect the proposed -"I..., " ..•••.....••••••...................................................... .......�N ...�.. i .., ...... Wilmington/New Hanover County r 145 Unified Development Ordinance (December 6, 7996 [3taff) �. Article IX/Subdivision Design and.Improvements .......................................................................................................................................... Sec. 918/Drainage . development from water damage. D. During the construction, preparation, arrangement and installation of subdivision improvements and facilities in subdivisions, the developer shall maintain each stream, creek, ditch or channel contiguous to or located within the subdivision in an unobstructed state and shall remove from such watercourses and the banks of the watercourses all debris, logs, timber, junk and other accumulations that would, in times of flood, clog or darn the passage of waters in their downstream course. Installation of appropriately sized conduits, culverts, bridges or other required structures shall not be construed as obstructions. E. All drainage shall be channeled to a point of appropriate discharge, such as a natural or man-made watercourse, a lake, pond, ditch or storm drainage system. The subdivider shall provide all necessary rights -of -ways to reach the point of appropriate discharge and shall accomplish all necessary work to construct the necessary system. F. All necessary facilities, as determined by the [INSERT REVIEW/DECISION- MAKING BODY], including, but not limited to, underground conduits, inlets, catchbasins, open drainage, ditches or channels shall be designed and installed to provide for the adequate disposal of surface and subsurface water. The required facilities -shall be designed and constructed in compliance with the Technical Standards and Specifications Manual G. Open streams, ditches and channels shall be allowed when the size of conduit required to pipe such water exceeds the minimum diameter established in the Technical Standards and Specifications Manuat All open streams, ditches and channels shall be prepared and stabilized in accordance with the Soil Erosion and Sedimentation regulations of Article ? and in compliance with the Technical Standardr and Specifications Manual H. A definite indication must be shown as to the handling of surface drainage as it leaves the subdivision and its effect on neighboring property. It is the subdivider's responsibility to provide for drainage across the subdivision for water which enters the subdivision and water which may fall on the area of the subdivision. The subdivider must also properly dispose of this water in as nearly as possible the same manner as before the subdivision was created in compliance with the Soil Erosion and Sedimentation regulations of Article? and the Technical Standardr and Specification Manual 918-2 Rural All drainage construction within the area of the proposed subdivision shall be reviewed by the [INSERT OFFICIAL] for conformance with applicable minimum standards and details approved by the Governing Body. Sufficient calculations shall be included with the preliminary plan to review hydraulic computations. These shall include as a minimum a scale map showing the limits of on -site and off -site drainage areas, acreage of each drainage area, storm run-off calculations, pipe or ditch dimensions, and pipe materials. The subdivider shall do all grading and install all drainage structures shown on the preliminary plan for the area specified by the final plat. Sec. 0191 Recreation and Open Space - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - 146 r (December 6, 1996 Draft) Wilmington/New Hanover County Unified Development Ordinance ............... Article IXISubdivision,Deslon and Improvements ... ....:......... ...:.. ....... ..............................•••.......................... ................ ...................... Sec. 919/Recreation and Open Space 915-1 Urban Every subdivider of land for residential purposes, shall dedicate a portion of such land, as �j set forth herein; for the purpose of providing park, recreation and open space areas to �! serve the residents of the immediate neighborhood within the subdivision. A. Amount of Recreation Area Required 1. The amount of park, recreation or open space areas to be provided shall equal .0030 acres (130.68 square feet) per person expected to reside in the development. For the purposes of this section, one -bedroom dwelling units shall be deemed to house an average of 1.4 persons, two -bedroom 2.2 persons, three - bedroom units 3.2 persons, and units with four or more bedrooms 4.0 persons. In residential subdivisions that are not approved as architecturally integrated subdivisions, each lot that is large enough for only a single dwelling unit shall be deemed to house an average of 3.2 persons. Each lot that is capable of accommodating more than one dwelling unit shall be deemed to house 2.2 persons for each dwelling unit that can be accommodated. The term "dwelling unit" shall have the meaning set forth in section 19-6 of the Zoning Ordinance. 2. Park, recreation or open space areas shall be of such minimum dimensions as to be functionally usable and maintainable. Residential subdivisions that are small Renough so that the amount of required park, recreation or open space area does ` not exceed ten thousand (10,000) square feet shall be exempt from providing J on -site park, recreation or open space areas when the board determines that (i) the on -site park, recreation or open space area cannot be combined with such areas serving adjacent property to form a functionally usable and maintainable area; or (i) the recreational needs of the development can be adequately met by existing or planned city -owned park, recreation or open space areas located close enough to such development to reasonably serve its residents. In determining the size of a subdivision for the purposes of this subsection, the [INSERT REVIEW/DECISION-MAKING BODY] shall consider the entire project developed on a single tract or contiguous multiple tracks under common ownership, regardless of whether the subdivision is constructed in phases or stages. The developer of any subdivision that is exempt from providing on -site park, recreation or open space areas shall pay a fee to the city in lieu thereof, to be used by the city to acquire recreation areas serving the development within the immediate area of the subdivision. Such fee shall be determined and paid as r, provided in subsection (e) herein. B. Standards for Park, Recreation and Open Space Areas Except as otherwise approved by the [INSERT REVIEW/DECISION-MAKING BODY], all park, recreation and open space areas shall meet the following criteria: 1. Unity The dedicated land shall form a single parcel of land, whether or not the subdivision is developed in phases or sections, except where it is determined by the [INSERT REVIEW/DECISION-MAKING BODY] that two (2) or more parcels would be in the best interests of the residents of the subdivision and the public; and in such case, the [INSERT REVIEW/DECISION-MAKING BODY] may require that such parcels be connected by a dedicated strip of ..' r at least sixty (60) feet in width. ••••..........•••••.................................. w� ..... Wilmington/New Hanover County ' A14z s Unified Development Ordinance (December 6, T�996 Dra j 147 Article DUSubdivision Design, and Improvements ...............................................................................................-----.................................. Sec. 919/Recreation and Open Space 2. Usability At least one-half of the total land dedicated must be (1) located outside floodplain areas as defined in Chapter 17 of the City Code and outside of wetland areas under the jurisdiction of the U.S. Army Corps of Engineers, and (2) usable for active recreation. 3. Shape The portion of dedicated land to be used for active recreation shall be of such a shape to be usable for active recreational facilities including but not limited to tennis courts, racquetball courts, swimming pools, exercise rooms, clubhouses, athletic fields, basketball courts, swings, slides and play apparatus. 4. Greenways If open space is a greenway, the land shall be a continuous linear parcel through the subdivision of at least thirty (30) feet in width. S. Location The dedicated land shall be located so as to reasonably serve the recreation and open space needs of residents of the immediate neighborhood within the subdivision(s) for which the land dedication is made. The [INSERT REVIEW/DECISION-MAKING BODY] may require that land be located on 'the periphery of the subdivision in order to allow the enlargement by combining such areas with park, recreation or open space areas serving adjacent property or owned or to be acquired by the city. 6. Access All dwelling units in the subdivision shall have free, easy and convenient ingress and egress to and from the park, recreation and open space areas provided within the development by means of improved streets or public walkways. Rights -of -way for such access shall be shown on the preliminary subdivision plat. 7. Topography The average slope of the portion of dedicated land deemed usable for active recreation shall. not exceed the average slope of the entire subdivision to be developed, and in no case shall the slope of the land dedicated be greater than fifteen (15) percent. 8. Natural Lakes or Ponds or Required Stormwater Detentionlretention Facilities These shall not be accepted by the city to fulfill the requirements set forth by this section. ' 9. Landscaping Park, recreation and open space areas shall be landscaped and shall be provided with sufficient natural or manmade screening or buffer areas to minimize any negative impacts upon adjacent residences. � y ------------------------------------------------------------------------------------------------------------------------------------------------------------------ .lft - Wilmington/New Hanover County `m &(December 6. 1996 Draft) Unified Development Ordinance 148 ��p - Article IX/Subdivision Desi n and Im rovements .. ...... ...... ....................•--..............-----..................--••----•--....R..................P....... .............. ... .............. ...... ....... ...... Sec. 919/Recreation and Open Space 10. Encroachments The park, recreation and open space areas required by this section shall exclude roadways, parking areas and other accessory uses except recreational facilities. 11. Consistency with Master Parks Plan If any portion of any subdivision proposed for residential development lies within an area designated on the officially adopted master parks plan as a park, such area (not exceeding the amount required to be dedicated as set forth in subsection (b) above) shall be included as part of the area set aside to satisfy the requirements of this section. This -area shall be dedicated to public use. 12. Recreational Facilities The [INSERT REVIEW/DECISION-MAKING BODY] may require the installation of recreational facilities after considering (i) the character of the park, recreation and open space area; CH) the estimated age and the recreation needs of person likely to reside in the development, (ii) the proximity, nature, and excess capacity of existing municipal recreational facilities; and (v) the cost of the recreational facilities. C. Procedure for Dedication of Land 1. Designation of Land to Be Dedicated lJ The developer shall designate on the preliminary subdivision plan, the area or areas to be dedicated pursuant to -this section. 2. Review of Land to Be Dedicated Upon receipt of the preliminary subdivision plan, the engineering department shall submit a copy thereof to the [INSERT OFFICIAL] for review. The [INSERT OFFICIAL] shall submit any and all recommendations concerning the land to be dedicated to the [INSERT REVIEW/DECISION-MAKING ,j BODY] at its next scheduled meeting. t 3. Ownership The type of ownership of land dedicated for park, recreation or open space purposes shall be selected by the owner, developer, or subdivider, subject to the approval of the [INSERT REVIEW/DECISION-MAKING BODY]. Provided, however, any of such areas included in the master parks plan shall be } dedicated to the city. The type of ownership may include, but is not necessarily limited to, the following. a. The city, subject to the acceptance by the Wilmington Governing Body; b. Other public jurisdiction or agencies, subject to their acceptance;. r c. Property owner, condominium or cooperative associations or organizations; or d. Shared, undivided interest by all property owners in the subdivision. f ..................................... i:. Wilmington/New Hanover County 3 •> Unified Development Ordinance (December 6, r996 tat. I 149 I Article IX/Subdivision Deslan, and. Improvements D. Payments in Lieu of Dedication .................................................................... Sec. 919/Recreation and Open Space 1� 1. General Provisions When the [INSERT REVIEW/DECISION-MAKING BODY] determines (upon the recommendation of the [INSERT OFFICIAL]) that the park, recreation and open space needs of a subdivision can also be adequately met by facilities constructed or to be constructed on city -owned property or property to be acquired by the city within a reasonable time that is located close enough to such subdivision to reasonably serve its residents, the [INSERT REVIEW/DECISION-MAKING BODY] may authorize the subdivider to make a payment to the city in lieu of dedication. The [INSERT REVIEW/DECISION-MAKING BODY] may also authorize a combination dedication and partial payment in lieu of dedication when such is determined to be in the best interest of the citizens of the area to be served. 2. Procedure The subdivider shall include with the application for preliminary plan approval, a letter requesting approval to make a payment in lieu of dedication. The letter shall include the proposed per acre value and the basis for the determination of such value. Upon receipt of the preliminary subdivision plan, the engineering department shall submit a copy thereof with the letter requesting a payment in lieu of dedication to the [INSERT OFFICIAL]. The [INSERT OFFICIAL] shall submit any recommendations concerning the request to the [INSERT REVIEW/DECISION-MAKING BODY] at its next scheduled meeting. 3. Amount of Payment If the [INSERT REVIEW/DECISION-MAKING BODY] approves a payment in lieu of dedication, the amount of such payment shall be the product of the number of acres to be dedicated as outlined in subsection (b) above, and the average fair market value of the land being subdivided at the time of the submission of the preliminary subdivision plan. The [INSERT REVIEW/DECISION-MAKING BODY] shall determine the average fair market value of the land based on the value of the land for property tax purposes, the information submitted by the subdivider and other relevant information. 4. Use of Payments in Lieu of Dedication All monies received by the city pursuant to this section shall be used only for the acquisition or development of recreation, park, or open space areas that will benefit the new subdivision residents. 5. Required Payment in Lieu of Dedication In the event the [INSERT REVIEW/DECISION-MAKING BODY] finds that a land dedication does not meet the long range plans of the city it shall require payment in lieu of a dedication. Ya S. Tune of Payment If a payment in lieu of dedication is authorized, such payment shall be made Q before recording the final plat for the subdivision. If a subdivision is developed . ..... .. Y-------------------------------•-••-------....------.......-------------------.....-Wilmin---ton/New Hanover County (December 6, 1996 Draft) Unified Development Ordinance .. .... . _ ._ ................ Article_IX/Subdivision_Dasign and improvements ... .............. .......... ................. ...... ..... .................... .......... ............ ............... ....... Sec. i*9/ ;creation'and Open Space in phases, a payment relating to each phase must be made prior to the recording of a final plat for each phase. ' E. Flexibility in Administration Authorized 1. The requirements set forth in this subsection concerning the amount, size, location and nature of park, recreation and open space areas to be provided in connection with residential developments are established by the Governing Body as standards that preemptively will. result in the provision of that amount of recreational facilities and open space that is consistent with officially adopted city plans. The Governing Body recognizes, however, that due to the particular nature of a tract of land, or the nature of the facilities proposed for installation, or other factors, the underlying objectives of this article may be achieved even though the standards are not adhered to with mathematical precision. Therefore, the (INSERT REVIEW/DECISION-MAKING BODY] is authorized to ` permit minor deviations from these standards whenever it determines that. (i) the objectives underlying these standards can be met without strict adherence to them; and (n) because of peculiarities in the developer's tract of land or the a facilities proposed it would be unreasonable to require strict adherence to these standards. 2. Whenever the [INSERT REVIEW/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.. 919-2 Rural A. Reservation of Sites for Public Facilities To ensure orderly development of the County in accordance with the general principles set forth in the Wilmington New Hanover Land Use Plan, it is recommended that the subdivider reserve open spaces for such public purpose as parks, playgrounds, schools, and fire stations, and to provide the County an opportunity to buy this land at the fair market value for a period of six (6) months from the date of 1� submission of the preliminary plat. Sec. 920/ Buffer Strips l� 920-1 Urban 920-2 Rural A buffer strip as much as fifty (50) feet in depth, in addition to the normal lot depth, may be required in residential subdivisions adjacent to railroads, limited access highways, and ` commercial or industrial developments. The strip shall be part of the platted lots, but LLLJJJ shall have the following restriction lettered on the face of the plat. "This strip reserved for screen planting by the owner-, the building of structures hereon is prohibited." The buffer at a minimum, shall comply with the provisions in Section 67 of the Zoning Ordinance. All ,L J,.Zx ....................................................................................••-. ....... : f z• % - Wilmington/New Hanover County ` Unified Development Ordinance (December 6, 1�996 Dtv) 151 f Article DUSubdivision Design. and. Improvements ...................................................................................................................................... . Sec. 921 /Barrier Islands Sec. 921/ Barrier Islands 021-1 Urban 921-2 Rural A. Conununity Boating Facilities Subdivisions that are located on barrier islands that are not connected to the mainland by a permanent network of roads and bridges shall establish a community boating facility on the island and on the mainland with the number of spaces in each facility being equal to or greater than the total number of lots. B. Waterfront Access Subdivisions that are located on barrier islands with lots containing beach front or sound front property shall dedicate sufficient property to ensure public access to the beach and sound. Such access shall not be less than 10% of the beach frontage and 5 percent of the sound frontage and shall be spaced at intervals of no more than 1,000 feet. Access ways shall not be less than 15 feet in width. These facilities shall be approved by and dedicated to New Hanover County or the State and shall be directly accessible to a public road. Dedicated streets which run to the mean high water line may count toward meeting these requirements. C. EmergQncy Evacuation Roads within barrier island subdivisions must be designed to provide sufficient capacity for safe and timely evacuation of residents in case of a hurricane if the subdivision or parts of it are located in a V zone. Factors involved in determining the safety and timeliness of evacuation include the presence of low points, bridges, or other evacuation route bottlenecks, and vehicle capacities of the roads. Sec. 822/ Intersections Street intersections within urban and rural subdivisions shall be laid out in accordance with the standards of this section. 922-1 Intersection at Right Angles Streets shall intersect as nearly as possible at right angles, and no street shall intersect at an angle of less than seventy-five (75) degrees. 922-2 Distance Between"Intersections Intersections along a major thoroughfare shall be at least eight hundred (800) feet apart, as measured from centerline to centerline or as determined by the subdivision review [INSERT REVIEW/DECISION-MAKING BODY]. 922-3 Intersections with State Highways Where a public or private street intersects a U.S. or N.C. numbered highway, or an N.C. secondary road, the intersection design shall be in accordance with the standards of the A. N. C. Department of Transportation, Division of Highways. .r :......................................................... 152 ,, O(December 6, 1996 Draft) ............................................................................ Wilmington/New Hanover County Unified Development_ Ordinance Article IX/Subdivision Design .Improvements ............................................... Sec. 922/Intersections 922-4 Street jogs Street jogs with centerline offsets of less than one hundred twenty-five (125) feet shall be avoided. Sec. 823/ Streets and Transportation Facilities 923-1 Urban The standards of this subsection shall apply to urban subdivisions. A. Responsibility for Street and Transportation Improvements When a lot or lots within an urban subdivision abut an existing public street, highway or thoroughfare, the subdivider shall be responsible for the installation of all improvements to that portion adjacent to and which is to be utilized by that subdivision. B. Designation as Public or Private Streets All street rights -of -way shown on the preliminary and final plats shall be designated as either public or private'. Any street designated on a plat as public shall be a' conclusively presumed to be an offer of dedication to the public of such street. C. Public Streets All proposed streets which have been designated as public streets in accordance with paragraph (a) above sha11 a esigne and — cons ructed-in aocordance-with-th Technical Standards and Specifications Manual Streets which are proposed for inclusion on the state system shall, in addition, require approval of the [INSERT OFFICIAL] in accordance with the provisions of section 136-102.6 of the North Carolina General Statutes. ..., •. ..• ... •-- VVI Y • • • \' - • - E. Subdivision Street Disclosure Statement Prior to entering any agreement regarding the sale of a house or lot in a subdivision, the buyer must receive a subdivision street disclosure statement. Said disclosure statement shall fully and completely disclose the status (whether public or private) of the street upon which the house or lot fronts. If the street is designated by the 10 subdivider as a public street, the statement shall certify that the designand;'r p �' construction of said street meets or exceeds city standards and, if applicable, has;'bren k1 ---•.................................................................................................................................................: Wilmington/New Hanover County � 3V Unified Development Ordinance (December 6, fi 96 Q. 153 Article IX/Subdivision.Design and Improvements ..................................................................................................................................... Sec. 923/Streets and Transportation Facilities • • • • • •1 • • .� • •1 • • • • • • ..• . 0 q" •MM @110 • • • • 90 I 1111r .s • • • �11VIIII-I'M flat" • .I • .� • •1 • • •1 • • .� • I • • \• •1 q&.j M. q•1 • • • • • • • .� • • • • •-• • • F. Access by Emergency Vehicles Subdivisions shall be designed to accommodate and allow unobstructed ingress and egress of all emergency vehicles and equipment in order that emergencies for life and property safety may not be unnecessarily delayed. G. Street Classification - Streets shall be installed in accordance with the appropriate design standards for their street class, as specified in the Technical Standardr and Specificatioru Manual Use of the "local street" class within subdivisions for access to individual lots is recommended and in most instances will be desirable to the subdivider by providing an adequate, yet economical, facility for access. Local streets shall be designed so that their use by through traffic will be discouraged. When, in the opinion of the [INSERT REVIEW/DECISION-MAKING BODY], the design of a local street, as delineated on the subdivision plat, will encourage or increase through traffic, the street shall be reclassified to the appropriate higher classification and said street shall be designed and constructed to meet the standards of the reassigned classification. IL Compliance with Thoroughfare Plan When any portion of a proposed major thoroughfare, as indicated on the official thoroughfare plan of the Cityof Wilmington, County of New Hanover and State of North Carolina, dated January 10,1972, as adopted by the city on January 24,1972, and by the state on June 29, 1972, as revised, runs through or is associated with the tract of land to be subdivided, the pattern of streets within the proposed subdivision shall be in accordance with the proposed alignment of corridors or rights -of -way of said official thoroughfare plan. Such rights -of -way as required by the [INSERT REVIEW/DECISION-MAKING BODY] shall be shown on all plats, preliminary and final. L Perimeter Street Rights -of -Way 1. Controlled Access Facilities In cases where a subdivision abuts a controlled access facility, the subdivider will be required to make only a reservation of property for a time certain, and will not be required to dedicate or otherwise convey any property rights unto the public. Reservation of rights -of -way for all thoroughfare facilities shall be for a time period as determined by the [INSERT REVIEW/DECISION-MAKING BODY]. However, in no case shall the reservation be for a time period of more than eighteen (18) months from the date of approval of the final plat for the h , subdivision subject to the reservation. S `�z"� A, V...........-•---.....---•--•----------------------------•--------•------.................---.......------------------••-----• -------------------------------------- Y 33 Wilmington/New Hanover County 154 V1 . p C(December 6, .1996 Draft) Unified Development Ordinance „,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, Article Design -and, Improvements ...... .................. ... Sec. 923/Streets and Transportation Facilities 2. Limited and Uncontrolled Access Facilities a. Subdivisions with Access In cases of limited access or uncontrolled access facilities where the developer desires or is required to tie into the facility, a dedication of a maximum right-of-way width to actually serve the subdivision, in accordance with the Technical Standardr and SpecificationrManual will be required. Rights -of -way in excess of that which is required will be reserved but not dedicated unto the public. The subdivider shall be required to constrict the street section for that portion of the thoroughfare running through the property in conformance with the classification of minor thoroughfare collector street as required in the Technical Standardr and Specifications Manua4 excepting that curb and gutter and underground drainage will not be required. A typical section consisting of pavement, base, roadside shoulders and ditches with culverts as required may be acceptable. b. Subdivisions without Access In cases of limited access or uncontrolled access facilities where the developer does not desire or is not required to tie into the facility, a right- of-way width, as specified by the [INSERT REVIEW/DECISION- MMONG BODY], will be required only to be reserved. Reservation of rights -of -way for all thoroughfare facilities shall be for a time period as deeterniined-bp the-VNSERT-REVIEW/DECISION-MAKING BODY]_ However, in no case shall the reservation be for a time period of more than eighteen (18) months from the date of approval of the final plat for the subdivision subject to the reservation. j. Setback from Street Rights -of -Way Proposed building setbacks as required in the zoning ordinance of the City of Wilmington (Appendix A of this Code), shall be measured from the most restrictive right-of-way line as determined by the dedication or reservation of such right-of-way. & Access to Adjacent Properties The arrangement of streets in proposed subdivisions shall make provisions for the continuation of existing streets in adjoining areas or their proper projection where adjoining land is not subdivided and where they may be deemed necessary for public requirements. The street arrangement shall be such as not to cause a hardship to owners of adjoining property when developed and when they seek to provide for convenient access thereto. The use of residential strips of land in order to prevent the extension of proposed or existing streets or access thereto is prohibited. u L. Street Projections Where there are lots fronting street projections to adjacent properties and services are required, a cul-de-sac shall be constructed at the end of the street at the property line, said cul-de-sac to be constructed in accordance with type B cul-de-sac requirements as specified in Figure lA of Section VI of the Technical Standards and Specifications Manual (.� 1. Where there are no lots fronting street projections to adjacent properties and sight distance is adequate to forewarn a driver of a dead-end street, and whe�are no services are required along the frontage, the frontage being more or 1q oi�e ::.. Wilmington/New Hanover County Unified Development Ordinance (December 6, 1”' 155 13 Article IX/Subdivision,Design. and Improvements ,,.,........................................... .......... ••---•.............. Sec. 923/Streets and Transportation Facilities side lot length, the street may be constructed to the property line and dead - ended with no cul-de-sac required in accordance with figure 1C of section VI of the Technical Standards and Specifications Manual 2. The [INSERT REVIEW/DECISION-MAKING BODY] shall reserve the right to require or not to require the partial or total initial construction of street projections to adjacent properties, or to require guarantee of construction of all or part of such street projections at a later time by provision of surety in the form of cash, letter of credit or other method acceptable to the city. 3. In any and all cases, the developer shall be responsible for the cost of and placement of all required dead-end barricades and signs. 4.' Additional rights -of -way needed for cul-de-sacs at the end of the street projections to adjacent properties shall be in the form of temporary easements or rights -of -way granted to the city by proper instrument as approved by the city attorney. It is the intention that upon extension of the street into the adjacent property the requirement for a cul-de-sac will cease and that the temporary right-of-way granted for the cul-de-sac construction will revert to the adjacent property owner. 5. Street projections proposed for access to adjacent properties shall have cul-de- sacs at the end installed in accordance with criteria as specified in Article III, section 18-70(c) of this chapter and as specified in the Technical Standards and Specifications Manual M. Cul-de-Sacs A street designed to be permanently closed at one end shall have a permanent cul-de- sac at the closed end, the right-of-way and pavement of which shall meet the requirements for a type A cul-de-sac as specified in the Technical Standards and Specifications Manual N. Temporary Vehicle Turnarounds In phasing the construction of street improvements within approved subdivisions, the developer must make provision for vehicle turnarounds at the end of street construction for each phase. 1. If the street end of a particular planned phase of development is within a distance of two hundred fifty (250) linear feet, more or less, from the next planned intersection in a succeeding phase, the developer will be required to construct the street to, and complete all improvements within, the intersection in accordance with requirements for completed intersections, including barricades, as specified in figure 1B of section VI of the Technical Standards and Specifications Manual The completed intersection will then serve as a vehicular turnaround. 2. If the next planned intersection is located greater than two hundred fifty (250) linear feet from the end of the street in a phase under construction the developer may, in lieu of constructing improvements to the next planned intersection, construct the street fifty (50) feet, more or less, beyond the centerline of the first driveway planned for the next phase of development for use as a vehicular turnaround as specified in figure IB of section VI of the Technical Standards and SpecifrcationsManual The driveway must be outside the phase of development under construction, must be constructed to the street right-of-way line in accordance with requirements for permanent driveways as specified in the Technical Standards and Specification r Manual and must be available for use as a --•------•...................•-••...---•••...---....... Wilmington/New Hanover County 156IP(December 6, 1996 Draft) Unified Development Ordinance Article IX/Subdivision Desi n and Im rovements ... ..... ............................................................. ..a..................P.................- Sec. 923/Streets and Transportation Facilities turnaround at all times. O. Traffic Control Devices The city shall install traffic signals, traffic signs and dead-end barricades and markings in accordance with the standards of the city. The subdivider shall pay to the city the costs associated with the installation of dead-end barricades and markings. 923.2 Rural Subdividers of rural subdivisions shall comply with the following requirements. A. Designation as Public or Private Streets All street rights -of -way shown on the preliminary and final plats shall be designated as either public or private. Any street designated on a plat as public shall be conclusively presumed to be an offer of dedication to the public of such street. B. Construction Each street segment public or private, shall be classified and constructed in accordance with the N. C. Department of Transportation's Subdivision Roadr Minimum Construction Standardr as amended. These standards which include drainage, bridge and pavement design are available for review at the New Hanover County Planning and Engineering Departments and at the Division Office of the N. C. Department of Transportation. Exceptions to these standards, however, are as follows: 1. The classification and, as a result, the construction standards for a public or private street segment may be upgraded to a higher classification if that street segment will eventually be required to provide access to or collect traffic from future development on adjacent properties. 2. If access is by an easement and will serve no more than three dwelling units, no design requirements for right-of-way or pavement width are specified. The only requirement is that the structures shall be provided access as specified in Section 65 of the Zoning Ordinance. 3. Permanent drainage easements may be required as needed. 4. Private strects need not be paved IJLUvidc;d such stteetZ 11aVV. 3. C. Inspection and Approval All public streets shall be inspected and approved by the [INSERT OFFICIAL], N. C. Department of Transportation, Division of Highways. • •J • or, 411111 VP 0 SlAr. 1 • .1 1 IVA".1.44 InIf MKII. I via I • • ■ • -if 1 • • • .1 I 1 • • • • • • • . • • • . .1 • • • • • .1vie 10,19901tal 1.091orwW1. Me M 01 qOJ• • • • . • • ■ •6 OK-101 • • • • I -091.1 • •. Wilmington/New Hanover County Unified Development Ordinance (December 6, i96 L3tfl) 157 Article IX/Subdivision Design and Improvements .........................................................................................---.............................................. Sec. 923/Streets and Transportation Facilities • •. • J • • • • ,I • I 11of-fly• .1 • • • •ft" 11IN19i 1 W11 or.t9iI I ■ • • ,1• • • • . • 1 M1o 11 • • • • •11 J 1 •1/ • ul • • • • M • I'M ■ .1 f. a. • • E. Minor Streets Minor streets shall be laid out so that their use by through traffic will be discouraged. F. - Marginal Access Streets When a planned subdivision is adjacent to an arterial or primary street, a marginal access street may be required to provide access for lots fronting on the arterial or primary street. G. Continuation of Existing Streets Proposed streets which are obviously in alignment with other existing and named streets shall bear the assigned name of the existing streets. EL Access to Adjacent Property The street pattern shall be such as to cause no hardship in the subdividing of adjacent properties. The dedication of a street right-of-way may be required in order to facilitate the development of adjoining properties. Reserve strips which control access to adjacent property shall not be permitted. L Cul-de-Sacs Cul-de-sacs shall not exceed one thousand feet in length, measured from the centerlines of the intersecting streets to the centerpoint of the turnaround radius. J. Stub Streets When a stub street to the property lines of a subdivision is required pursuant to Article IV, Section 41-1(7) the stub street shall be improved as follows: 1. Public Streets If the streets in the subdivision are public, stub streets shall be constructed in accordance with the minimum requirements of the North Carolina Department Y> of Transportation. .•-------------------------------------------------------------------------------------••-----••-------•--......-----•--..............-•-- ....-.......---... �01 Wilmington/New Hanover County 158 �IDecember 6, 1996 Draft) Unified Development Ordinance a Article IX/Subdivision Design. and Improvements ....................................................... ... 13 I Sec. 923/Streets and Transportation Facilities . Re. .. 91 Nis q@ .. . 61 .,... 3. Dead -End Streets All dead-end streets; excluding stub streets as specified in Sec. ? above, shall be constructed with a cul-de-sac with a minimum. radius of 40 feet (31 foot pavement radius) or other paved turnaround as approved by NCDOT. If the dead=end street abuts undeveloped property and access to that parcel is needed to facilitate its development, the turnaround shall be platted so that a road connection to the adjoining property can be made. The cul-de-sac or turnaround may be removed once the street is extended to -adjacent property. 4. Reservations for Planned Thoroughfares and Other Facilities When any portion of a major or minor thoroughfare shown on the Wilmington Urban Area Thoroughfare Plan runs through and provides direct access to the tract of land to be subdivided, the Planning Commission or Governing Body may require the subdivider to reserve the required right-of-way for such thoroughfare. No structures or buildings shall be placed on said reserved land. 1 Reservations of land under this secti�rrslrall not remain irreffect longer than l2— months from the date of final plat recording. S. Disclosure of Planned Thoroughfare When any portion of a proposed major or minor thoroughfare shown on the Wilmington Urban Area Thoroughfare Plan runs through the tract of land to be subdivided, both the preliminary plan and final plat for the subdivision shall disclose the presence of the planned thoroughfare. Disclosure shall be provided as a note on the plat stating. "This subdivision crosses a proposed thoroughfare right-of-way', present status should be confirmed with N.C. Department of Transportation." Sec. 924/ Financial Guarantees The subdivider may provide a financial guarantee in lieu of constructing improvements, in accordance with the following standards: ' ' 924-1 Cost Estimates The subdivider shall furnish bona fide estimates of the subject improvements for verification by the [INSERT OFFICIAL]. Upon approval of the surety by the (INSERT OFFICIAL], the subdivider shall deposit with the City or County the amount specified.4l>k the [INSERT OFFICIAL] in the form of cash or cash equivalent. .....................................................................................•-------.......------.....---•-•---......--- ��.. , :..... Wilmington/New Hanover County t2" 6, 159 Unified Development Ordinance (December 146 [gaff) Article IX/Subdivision Design. and Improvements ............................................................................................----........................................ Sec. 924/Financial Guarantees 924-2 Release of Financial Guarantee No surety or portion thereof, as provided for in this section, shall be released by the [INSERT OFFICIAL] until all improvements have been installed, inspected and approved, and until all required certification of such approval has been presented to the County. rl 924-3 Forfeiture of Financial Guarantee If the subject improvements are not installed and approved within thirty (30) calendar days of the City or County engineer's approval of the surety, the City or County shall have the absolute right to utilize the funds available under the surety for completing the improvements as such improvements were approved by the [INSERT REVIEW/DECISION-MAKING BODY]. Provided, however, if the surety is offered for the extension of sidewalks in association with a minor subdivision, the subdivider shall have six (6) months from the date of the City or County engineer's approval of the n surety to complete the improvements. Prior to the award of a contract for the installation of improvements by the City or County, the subdivider shall deposit funds with the City Jt! or County sufficient to pay any costs in excess of the surety which are necessary for completion of the required improvements. A. Use of Remaining Funds In the event the City or County uses funds available under the surety for the completion of the required improvements, any funds remaining upon completion of the improvements shall be refunded to the subdivider. B. Inadequate Funds Available In the event the City or County uses funds available under the surety for the completion of the required improvements and it is determined during the installation n of such improvements that the surety is insufficient to pay all costs, the subdivider shall pay the City or County all amounts over and above the approved surety as are necessary to complete the required improvements. Any such amounts required to be paid by the subdivider to the City or County shall be in the nature of a debt owed by the subdivider to the City or County, and if not paidwithin thirty (30) days of demand by the City or County, the City or County shall have the right to secure the amount due in a civil action. C. Interest on Funds Any interest earned on funds deposited as surety shall not be refunded to the subdivider and shall be retained by the City or County. - 924-4 Concurrent Issuance of Building Permits In instances where the subdivider wishes to acquire building permits for the erection of structures simultaneously with the installation of required improvements, the following items shall be accomplished as applicable, prior to building permit issuance: A. Preliminary plan approval by the [INSERT REVIEW/DECISION-MAKING ,wok BODY]. B. Issuance of a construction permit for site improvements by the [INSERT OFFICIAL]. [Source: City §18-58(a)] C. No sale of buildings or building sites, or occupancy of buildings shall be permitted ---........-•........................•. ..----........------......-----------......------.....------------------••-•------...--------•-•• fir. tb Wilmington/New Hanover County 160 4!�Decemher 6, 1996 Draft) Unified Development Ordinance ... IArticle 1X/Subdivision Desion. and. Improvements .... ......... ... Sec. 924/Financial Guarantees prior to full completion of required improvements, approval of the final plat by the [INSERT REVIEW/DECISION-MAKING BODY] and recordation of the final plat. A final plat may be submitted for approval prior to the completion of all improvements under the conditions as described in Sec. ?. Sec. 925/ Property Owners' Associations 925-1 Required Final plats shall not be approved until the [INSERT REVIEW/DECISION-MAKING BODY] has determined that adequate provisions have been made through legal covenants and restrictions which shall govern a property owners' association, or through other legal agreements, that the responsibility for maintenance of streets, utilities or other areas designated as private areas or as a common areas will be accomplished by a source other than by public maintenance. 925-2 Required Conditions of Property Owners Associations Property owners associations or similar legal entities that shall own and maintain park, recreation and open space areas shall be established in such a manner that. A. B. C. D. E. F. G. Provision for the establishment of the association or similar.entity shall be made before any lot in the development is sold or any building occupied. Membership must be mandatory for each property owner within the subdivision. The association sh a responsible for the liabilitrinsurance,-local-taxes and-th maintenance of the areas. Any sums levied by the association that remain unpaid shall become a lien on the individual property owner's property. If all or any portion of the property held by the association is being disposed of, or if the association is dissolved, the park, recreation and open space shall be first deeded to the city or county. The right of use of the park, recreation or open space shall be guaranteed to each resident of the subdivision. The declaration of covenants and restrictions that will govern the association shall be submitted for review by the city attorney and recorded prior to the recording of any final plats for the subdivision. 925-3 Responsibilities Property owners' associations shall be responsible for continuing upkeep and proper maintenance of all private infrastructure facilities and common areas within the respective subdivision. Wilmington/New Hanover County Unified Development Ordinance (December 6, tl4y...-;.... .. 4�.................................................................................................................................................... i Wilmington/New Hanover County 162 >p (P(December 6, 1996 Draft) Unified. Development Ordinance Article X/ General Development Standards 0 a Sec. 1001/ Off -Street Parking and Loading 1001-1 Applicability A. New Construction The off-street parking and loading standards of this section 1001 shall apply to all new construction. B. Alterations and Expansions The off-street parking standards of this section 1001 shall apply vvlistg s#sspdetg. Additional off-street parking and loading spaces will be required only to serve the enlarged or expanded area, not the entire building or use. C. Change in Use The off-street parking standards of this section 1001 shall apply to any change of use or manner of operation that would result in a requirement for more parking spaces than the existing use. Additional parking spaces will be required only in proportion to the extent of the change, not for the entire building or use. - -- -------- .. .. 1001-2 Excsptioas A. Central Business District The off-street parking space requirements of subsection 1001-4 shall not apply in the CBD district. B. Castle Street Community Business District The off-street parking space requirements of subsection 1001-4 shall not apply to existing structures fronting on Castle Street that are in the existing CBD district Compliance shall be required for all new construction. C. Hemenway Redevelopment Area The off-street parking space requirements of subsection 1001-4 shall not apply to residential uses within the Hemenway redevelopment area. Residential uses within the Hemenway redevelopment area shall provide at least one parking space per unit. The required parking can be provided either off-street, or on -street, if adequate off- street parking area is not available. The [INSERT OFFICIAL] will determine the capability of providing off-street parking on the residential lot in order to determine if on -street parking is needed. ------------------------------------------------------------------------------ Wilmington/New Hanover County Unified Development Ordinance i - A y .................................................. V2 `.... .... �..... (December 6, 16 L3iij 163 Article )/General Development Standards ........................................------------........................................................................................... Sec. 100 1 /Off -Street Parking and Loading 1001-3 No Reduction Below Required Minimums Existing parking and loading spaces may not be reduced below the minimums required in this section. Any change in use that increases applicable off-street parking or loading requirements will be deemed a violation of this UDO unless parking and loading spaces are provided in accordance with the provisions of this section. 1001-4 - Oif,Street Parkins Schedule "W' Uses shall provide off-street parking spaces in accordance with the requirements of Off -Street Parking Schedule "A" of this subsection unless an Alternative Access Plan is reviewed and approved in accordance with Sec. 1601-9. U11-5treet Farknig bcheaule "A" Mobile Home, Mobile Home Park, Mobile Home 2 per housing unit Subdivision, Manufactured HousinjZ Multi -Family, Including Townhouses Efficiency -1.25 per unit . One -bedroom - 1.5 per unit Two -bedroom - 1.75 per unit Three+ -bedroom - 2 per unit plus 0.25 Ruest spaces per unit for all units Single -Family — Detached 2 per housing unit Single -Family — Attached, Including Duplex, Triplex, and 2 per housing unit C�„�r�ranlr,r Auditorium or Theater 10.20 per person capacity Cultural Arts Center, Including Theaters, Offices, 1 1 per 300 SF libraries 1 per 300 SF Museums, Art Galleries 1 per 400 SF Schools — Colleges and Universities 1 per 5 students, or 1 for each 3 seats in auditoriums and other places of assembly or facilities available to the public, whichever is Greater Schools — Elementary and junior High Schools 1 per employee, plus 1 per classroom for visitors Schools — Secondary Schools 1 per employee, plus 1 for each 5 students Social Services Not Elsewhere Classified i per 300 SF Stadium 1 per 4 spectator seats US Postal Service 1 per 300 SF I%alths�s _. Chiropractors 1 per 300 SF Community Center See Off -Street Parking Schedule `V' Sec. 1001-5) Day Care, Adult or Child 1 per 8 pupils or residents Dentists And Dental Laboratories 1 per 200 SF Doctors Offices, Clinics And Supportive Laboratories 1 per 200 SF Family Care Home 1 per 8 pupils or residents ............................. .......................................... 164 r `s , IDecember 6, 1996 Draft) ................. Wilmington/New Hanover County Unified Development Ordinance 0 Article X/General_ Development,Stnndards Sec. 1001/Off-Street Parking and Loading Off Street Parkine Schedule "A" Hospitals, except Animal Hospitals 1 per 2 licensed beds intended for patient use, plus 1 per staff person, including medical and support staff based on the largest employee shift. Nursing and Personal Care Facility 1 per 4 beds Optometrist or Opthamologist 1 per 200 SF Physician or Surgeon 1 per 200 SF Psychologist 1 per 200 SF Residential Care including Home For Aged, Handicapped 1 per 8 pupils or residents Care Snecial Con¢reeate Facilities 1 per teacher and staff person Associations or Organizations, Civic, Social And Fraternal 1 per 3 seats Dormitory, Private 1 er resident plus 1 per staff member Fraternity And Sorority Houses 1 per housing unit Labor Unions and similar organizations 1 per 300 SF Relieious Institutions 1 per 3 seats Airport -Services 1 per 600 SF Bus and Taxi Service 1 per 600 SF Communication Facilities, including Radio And TV Stations, 1 per 300 SF Cellular Telenhone Facilities. Towers. etc. Marina 0.5.per boat berth Mini -Warehousing 1 per 1,000 SF Motor Freight Company 1 per 1,000 SF of non -office floor area plus 1 per 300 SF office floor area Movers, Van Lines and Storage 1 per 1,000 SF Pipe Lines, except Natural Gas 1 per 1,000 SF of non -office floor area plus 1 per 300 SF office floor area Railroad Facilities, including Passenger and Freight Stations Outside of Railroad Rights -of -Way 1 per 600 SF Ship Chandlers 11 per 600 SF Shipping Brokers, Freight and Cargo 1 per 600 SF Utility Stations and Plants outside Public Rights -of -Way 1 per 600 SF (Public And Private) including Lift Stations, Substations, Pump Stations Warehousing, General 1 per 1,000 SF Water Transportation, including Docks, Tugboats, Barges, 1 per 600 SF Excursion Boats Banking 1 per 200 SF Cemeteries ? Credit Agencies other than Banks 1 per 300 SF Insurance Agencies, including related services 1 ver 300 SF .................................................................................................... Wilmington/New Hanover County Unified Development Ordinance k.. . „ (December 6, 15396 Dr oft) 165 Article X/General Development Standards ...............................................................---...................................................................................... Sec. 1001/Off-Street Parking and Loading Off Street Parking Schedule "A" Real Estate and Appraisers Offices 1 per 300 SF Savings and Loan Association 1 per 200 SF Security and Commoditv Brokerazes 1 per 300 SF AccountinjZ Offices 1 per 300 SF Adult Establishments 1 per 200 SF Advertisinjg Agency 1 per 300 SF Alarm System and other Protective Services 1 per 300 SF Amusement and Recreation Services not elsewhere classified 1 per 200 SF Antique Shop 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Appliance Dealers - Household 1 per 200 SF Arcades with Coin Operated Amusement Devices 1 per 200 SF Artists, Commercial includinjZ Silk Screening 1 per 500 SF Arts and Crafts Shops' 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Art Studio 1 per 400 SF Automobile and Truck Dealers, New or Used i per 100 SF Automobile Care Center 1 er 300 SF Automobile Parts and Supply Store 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Automobile Renting and Leasing 1 per 100 SF Automobile Repair Shops 1 per 400 SF Automotive Services, except Repair (Cleaning, Polish, 1 per 400 SF Auto Wash 1 per employee on maximum shift Bakeries, Retail 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Barber Shops 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Beauty Salons 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Bed and Breakfast 1 per unit, plus 2 for principal residence Bicycle Shops, including Repairs 1 per 300 SF Boat Dealers, including Repairs 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Book Stores 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Bowling Alleys i per alley plus requirements for any other use associated with the establishment, such as a restaurant a Building Material Dealers 1 per 300 SF Business Services not elsewhere classified 1 per 300 SF ?� >.knera and Photography Supply, including Repair 1 per 225 SF on the ground floor, plus one per 325 SF ''' ; on all other floors. A#. .. ...................................................................•-•-----•------............ ••---................................................... 1W.1 t /N H ver County V p .1 mNov on ew ano 166 p r�,jDecember 6, 1996 Draft) Unified Development Ordinance 0 0 0 N 0 I I I I Article X/General Developyjje!ftAtandards Sec. 1001/Ofi-Street Parking and Loading Off -Street Parking Schedule "A" ....... ..... .. .... - . ... ... ........ ............. - ..... - ......... .. . ............. .............................. ............ ........ ........ ...... .... ........... - -w......... ............. ................. ...... ........... ....... ....................................... .............................. ......... A ibtt* Q " U ........... Candy Stores I per 225 SF on the ground floor, plus one per 325 SF on all other floors. Carpet and Rug Dealers, including other Floor Material And Service 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Carpet and Upholstery Cleaners on Customers Premises) 1 per 400 SF Catalogue Stores 1 per 400 SF Chimney and Furnace Cleaning 1 per 600 SF Clothing Shops 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Clubs, Membership Sports & Recreation See Off -Street Parkin g Schedule 'S" (Sec. 1001-5) Clubs, Public or Private Computers and Data Processing Services I per 500 S Convenient Food Stores 1 er 200 SF Copying and Duplicating Services 1 per 300 SF Dairy Stores I per 200 S Dance Hall, including Studios & Schools 1 per 300 SF Department and Variety Store 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Divers, Commercial 1-0—r4WSF Drive-in Theater 1 per 600 SF Drug Stores I per 225 SF on the ground floor, plus one per 325 SF on all other floors. Electric Motor Repair Shop 1 per 300 S Employment Agencies or Contractors I per 200 SF Engirteerie p, Architectural and Surveying Offices 1 per 300 SF Equipment Rental and Leasing Exterminating Services Dwellings and other Buildings I per 600 SF Flea Market I per 225 SF Florist Shop I per 225 SF on the ground floor, plus one per 325 SF on all other floors. Funeral Homes and Crematories I per 3 scats Furniture and other Home Furnishings Store 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Gift, Novelty and Souvenir Shop 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Golf Course, Private or Public with related services including Pro Shop 50 per 18 holes Grocery Stores I per 200 S Guest Lodging I per housing unit Gunsmith Shop, including Repair 1 per 400 SF Hardware Store 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. 'Ax Hobby. Toy and Game Shops I per 225 SF on the ground floor, plus one per 3Z.�I on all other floors. 4- ................................................................................. WIllmlington/New Hanover County Unified Development Ordinance .................................. ....... � A*\ (December 6, 1 6 Dral) 167 Article X/General Development Standards.................................................................................. ................................................. ........ Sec. 1001/Off-Street Parking and Loading Off -Street Parkins Schedule "A" Interior Design or Decorator Shop i per 300 SF janitor Services 1 per 600 SF Jewelry Stores 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Laboratories, Testing 1 per 400 SF Launders, Industrial Iaundry, Dry Cleaning and Laundromat Services, except Industrial Law Offices Lawn and Garden Stores Liquor Stores 1 per 500 SF 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. 1 per 300 SF 1 per 100 SF 1 per 225 SF on the ground floor, plus one per 325 SF Ion all other floors. Locksmith Shop, including Repair r 600 SF Manufactured HousingDealers r 100 SF Meat Market r 225 SF on the ground floor, plus one per 325 SF ron ll other floors. Motels and Hotels per guest room plus requirements for any other use associated with the establishment, such as a restaurant Residential Hotels 1.25 per guest room plus requirements for any other use associated with the establishment, such as a restaurant Motels/Hotels, Resort 1.5 per unit and 1 per 2 employees on maximum shift Motorcvcle Dealers 1 per 100 SF Movie Theaters, except Drive-in 1 per 4 seats Musical Instrument Dealers, including Repairs 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Needlework Shops 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Night Clubs not contained in Restaurants, Motels or Similar 1kitchen 1 per 3 seats or per 65 SF, exclusive of restroom and Business facilities, whichever results in the greater Office Equipment and Supplies Store, including Repai Offices for use by Historic Foundation Controlling or Owning a Historic Structure Offices not elsewhere classified Offices for Private Business and Professional Use Government Offices and Buildings Optical Stores ,m Delivery Services, Commercial Glass and Wallpaper Stores Services not elsewhere classified phv Studios 168�p (December 6, 1996 Draft) 1 per 400 SF 1 per 300 SF 1 per 300 SF 1 per 400 SF 1 per 400 SF 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. 1 per 500 SF 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. 1 per 300 SF 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. ...----...-•---------------------------------------------•--.................•- Wilmington/New Hanover County Unified Development Ordinance 0 �I n 9L 0 Article X/General. Development,Standnrds ............................ ..... ............... Sec. 1001 /Off -Street Parking and Loading Off Street Parkins* Schedule "A" ... USE . _....... S P A.G?E S R`E t7I R E`D. ... .:: Picture Framing Shop 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Printing, Commercial except Screen Printing on Glass, 1 per 600 SF Plastic and Metal, and Engraving and Plate Printing Radio and Television Stores, including Repair 1 per 300 SF Recreational Vehicles and Utility Trailer Dealers 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Repair Shops not elsewhere classified 1 per 300 SF Research and Development Laboratories 1 per 300 SF Restaurant, Fast Food, Carry Out 1 per 3 seats or per 65 SF , exclusive of restroom and kitchen facilities, whichever results in the greater parking requirement Restaurant, Standard 1 per 3 seats or per 65 SF , exclusive of restroom and kitchen facilities, whichever results in the greater arkin 'reuirement Retail Stores not elsewhere classified 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Re -Upholstery and Furniture Repair 1 per 300 SF Sales- Office,Off remises, ranch but not Retail Stores)- 1 per 300 SF Schools, Correspondence and Vocational 1 per 5 students, or 1 for each 3 seats in auditoriums and other places of assembly or facilities available to the public, whichever is greater Schools, Specialty Training Schools (Non -Degree Driving 1 per 5 students, or 1 for each 3 seats in auditoriums Instruction, Flying, Modeling) and other places of assembly or facilities available to the public, whichever is greater Seafood Market 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Service Stations 1 per 200 SF Septic Tank Vacuum Service 1 per 400 SF Services not elsewhere classified 1 per 300 SF Sewing and Piece -Goods Stores 1 per 1,000 SF of non -office floor area plus 1 per 300 SF office floor area Shoe Repair Shops 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Shoe Stores 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Shopping Center Building Size in Gross Leasable Area (SF) 25,000- 99,999 — 1 per 225 SF on the ground floor, plus one (1) per 325 SF on all other floors 100,000-199,999 — 5.5 per 1,000 SF GLA 200,000 or more — 5.0 per 1,000 SF GLA Small Engine Repairs, except Automotive 1 per 200 SF Spas and Health Clubs 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Specialty Food Shops 1 per 225 SF on the ground floor, plus one per 325 on all other floors. Wilmington/New Hanover County Unified Development Ordinance ..........................................tµ1..\y ..... (December 6, T 996 Duff) 169 Article )/General Development Standards ............................................. ............ Sec. 1001/Off-Street Parking and Loading Off -Street Parking Schedule "A" Sporting Goods Stores 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Stationery Stores 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Tailor or Dressmaker, Custom 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors. Temporary Personnel Contractor 1 per 200 SF Tire Dealers and Service 1 per 500 SF Towing Services, Automobile and Truck 1 per 400 SF Travel Agencies 1 per 200 SF Used Merchandise Stores, except Automotive Goods 1 per 225 SF on the ground floor, plus one per 325 SF on all other floors Watch, Clock and jewelry Repair 1 per 200 SF Weldine. Renair 1 per 300 SF Contractors, Building — Residential Construction 1 per 600 SF Contractors, General 1 per 600 SF Contractors, Heavy Construction — Gradin PavinZ Marine 1 per 600 SF Contractors, Special Trades — Electricians, Plumbers 1 per 600 SF Contractors' Equipment and Supply Dealers and Service 1 per 400 SF General Contractors other than Buildin ? Landsca in Contractor ? Landscavine Service ? Fruit and VeRetable Market, Wholesale with incidental Retail 1 per 300 SF Livestock Sales ? Wholesale ? Wholesale Nurseries & Greenhouses ? Wholesale Seafood w/Water Frontage ? Wholesale Trade, Durable Goods including Automotive 1 per 1,000 SF Parts, Furniture, Hardware, Machinery and Non -Durable Goods including Paper, Drugs, Food, Clothing, Chemicals, excent Uauified Bulk Storaee Wholesale Boiler Shops Candy and other Confectionery Products Chemicals and Allied Products except Acids, Gases and Glues Clothing and other Finished Fabric Products al Transfer Facilitv Paper and Pa erboard Products a.......... . H:................................................................... 170 p "(December 6, 1996 Draft) 1 per 600 SF 1 per 600 SF 1 per 600 SF 1 per 600 SF 1 per 600 SF i per 600 SF i per 600 SF 1 ner 600 SF Wilmington/New Hanover County Unified Development Ordinance I 0 n J1 HI 0 Article X/General Development Standards ................... .................... ................. Sec. 1001/Off-Street Parking and Loading Off -Street Parlcirur Schedule "A" US.> S.PACESRI;QT7IRED Creosote Treatment 1 per 600 SF Electrical and Electronic Machinery, Equipment and Supplies, Motors, Appliances, TV 1 per 600 SF Fabricated Metal Products, except Boger Shops, Machinery and Transportation Products, Metal Coating, Engraving and Allied Services; Metal Forgings, Screw Machine Products, Steel, Wire and Pipe Structural Metal Products and Ordnance 1 per 600 SF Fats and Oils 1 per 600 SF Food (Packing, Canning, Milling And Other Processes) except Stockyards or Slaughter of Animals 1 per 600 SF Fuel Oil Dealers 1 per 600 SF Furniture and Fixtures 1 er 600 SF Garbage Collection, Private o Landfills 1 per 600 SF Gas Companies -botfled and Bulk Storage) 1 per 600 SF junk Yards, Scrap Processing 1 per 1,000 SF Leather and Leather Products, excluding Tanning 1 per 600 SF Lumber and Wood Products (Millwork, Cabinets, Prefabs) except Fumitu 1 per 600 SF Machine es, Constriction, Tools except Electrical 1 per 600 SF Manufactured Housing 1 per 600 SF Measuring, Analyzing and Controlling Instruments; Photographic, Medical and Optical Goods 1 per 600 SF Meat Products including Poultry, Seafood Processing and Slaughtering 1 per 600 SF Metal CoatinZ Engraving and Allied Services 1 per 600 SF Metal Forgings and Stampings 1 per 600 SF Miscellaneous Manufacturing Industries (Jewelry, To 1 per 600 SF Motion Pictures Production and Distribution 1 per 600 SF Office, Computing and Accounting Machines 1 per 600 SF Ordnance and Accessories 1 per 600 SF Paper and Allied Products, except Pulp and Paper Manufacturing 1 per 600 SF Paperboard Containers and Boxes 1 per 600 SF Petroleum Refining and Related Industries 1 per 600 SF Pottery and Related Products 1 per 600 SF Primary Metals(Steel, Iron, Nonferrous 1 per 600 SF Printing and Publishing ews a ers, Books 1 per 600 SF Recycling Facilities: Small Collection ? Recycling Facilities: Large Collection ? Recycling Facilities: Processing ? Recycling Facilities: Large Collection with Processing?; ,Reffigeration, HeatinZ Air Conditioning Machinery 1 per 600 SF Y" W1Imington/New Hanover County Unified Development Ordinance a (December 6, T396 L3flff) 171 Article X/6eneral Development Standards ..........................................................................................................---•••................................... Sec. 1001 /Off -Street Parking and Loading Uff-Street Parking Schedule "A" Sanitation Services, including Garbage and Waste Incineration, and Sanitary Landfill 1 per 600 SF Saw Mills and Planing Mills 1 per 600 SF Screw Machine Products(Bolts, Nuts, Screws 1 per 600 SF Steel, Wire and Pipe 1 per 600 SF Stone, Clay, Glass and Concrete Products, except Cement, Lime, Gypsum and Plaster of Paris 1 per 600 SF Structural Metal Products (Fabricated Structural Steel For Buildings, Buges and Bridges) 1 per 600 SF Textiles road Weave, Knit, Dyeing,Carpets) 1 per 600 SF Tires and Inner Tubes 1 per 600 SF Tobacco Products 1 per 600 SF Transportation Eauioment. Autos. Boats 1 per 600 SF Fishing,Commercial 1 per 600 SF Kennels Commercial Boarders and Breeders 1 per 300 SF Mining and Quarrying See Off -Street Paricing Schedule `B" Sec. 1001-5) Veterinary Services with Enclosed Pens 1 per 300 SF Veterinary Services with Open Pens 1 per 300 SF 1001-5. Off -Street Parking Schedule "B" "Schedule B" uses have widely varying parking demand characteristics, making it impossible to specify a single off-street parking standard. A developer proposing to develop or expand a "Schedule B" use shall submit a parking study that provides justification for the number of off-street parking spaces proposed. The [INSERT OFFICIAL] shall review this study and any other traffic engineering and planning data relevant to the establishment of an appropriate off-street parking standard for the proposed use. A parking study must include estimates of parking demand based on recommendations of the Institute of Traffic Engineers (ITE) and other reliable data collected from uses or combinations of uses that are the same as or comparable with the proposed use. Comparability will be determined by density, scale, bulk, area, type of activity, and location. The study must document the source of data used to develop the recommendations. After reviewing the parking study, the [INSERT OFFICIAL] shall establish a minimum off-street parking standard for the proposed use. 1001-6 Rules for Computing Requirements A. Multiple Uses Lots containing more than one use must provide parking and loading in an amount equal to the total of the requirements for all uses. B. Fractions When measurements of the number of required spaces result in fractions, any - fraction of one- half or less will be disregarded and any fraction of more than :. one-half will be rounded upward to the next highest whole number. .� .............•--•-•--.......-----•--...---------.....------....------------------..............-----...---------...------...-----...--••-•...----••. Y pvlat j Wilmington/New Hanover County 172 9 CIDecember 6, 1996 Draft) Unified Development Ordinance „ ,, ,,,,, Article X/General Development Standards ......:................................. ....... ...................................................................................... Sec. 1001/Ott-Street Parking and Loading C. Area Measurements Unless otherwise specifically noted, all square footage -based parking and loading standards are to be computed on the basis of gross floor area. D. Occupancy -Based Standards For the purpose of computing parking requirements based on employees, students, residents or occupants, calculations must be based on the largest number of persons working on any single shift, the maximum enrollment or the maximum fire -rated capacity, whichever is applicable and whichever results in the greater number of spaces. E. Unlisted Uses Upon receiving a development application for a use not specifically listed in an off-street parking schedule, the [INSERT OFFICIAL] shall apply the off-street parking standard specified for the listed use that is deemed most similar to the proposed use or require a parking study in accordance with "Schedule B” (Sec. 1001- 5). 1001-7 Parking for Persons with Disabilities Off-street parking for persons with disabilities must be provided in accordance with all applicable federal and state standards, including the Americans with Disabilities Act (ADA)-and-the-UniformTederal Accessibility Standards. 1001-8 Location of Required Parking Spaces Except as otherwise specifically allowed in this section, off -street -parking spaces shall be located on the same lot and in the same zoning district as the use served by the parking spaces. Off-street parking spaces shall be located in a parking area that complies with the meets the Off -Street Parking Area Design Standards of subsection 1001-11 except that off-street parking to serve single-family or duplex dwelling may be located in private driveways or garages. 1001-8 Alternative Access Plans An Alternative Access Plan represents a proposal to meet off-street parking and transportation access needs by means other than providing parking spaces on -site in accordance with the ratios established in Sec. 1001-4. Applicants who wish to provide fewer off-street parking spaces than required pursuant to Sec. 1001-4 shall secure approval of an Alternative Access Plan, in accordance with the standards of this subsection 1001-9. A. Procedures 1. Plan Contents Alternative Access Plans shall be submitted in a form established by the [INSERT OFFICIAL] and made available to the public. At a minimum, such plans must detail the type of alternative proposed and the rationale for such a proposal. .............................................................................. Wilmington/New Hanover County Unified Development Ordinance (December 6, A:44 {496 L3�'iff) r 173 Article X/General Development Standards U ............................................................................................................................................................. Sec. 1001/Off-Street Parking and Loading 2. Review and Approval a. Small Facilities The [INSERT OFFICIAL] is authorized to review and act on Alternative Access Plans if the plan proposes a reduction of 5 or fewer off-street parking spaces. Notification must be provided in the form of a sign posted on the site of the principal use and the proposed parking facility (f any) at least 10 days before the [INSERT OFFICIAL] takes action on the plan. b. Large Facilities Alternative Access Plans that propose a reduction of 6 or more off-street parking spaces require review and action by the Planning Commission after a public hearing. Notification must be provided in the form of (1) a sign posted on the site of the principal use and the proposed parking facility (f any) at least 10 days before the hearing and (2) written notification at least 10 days prior to the hearing to all property owners within 300 feet of the proposed use and within 300 feet of the proposed parking area'(f any). 3. Recordation of Approved Plana An attested copy of an approved Alternative Access Plan must be submitted to '� J the New Hanover County Register of Deeds for recordation on forms made available in the office of the [INSERT OFFICIAL]. Proof of recordation of the agreement must be presented to the [INSERT OFFICIAL] prior to issuance of a building permit. An Alternative Access Plan may be amended by following the same procedure required for the original approval. 4. Violations Violations of an approved Alternative Access Plan constitute a violation of this UDO and will be subject to the penalty and enforcement provisions of Article ?. B. Eligible Alternatives ry The [INSERT OFFICIAL] or Planning Commission shall be authorized to consider U and approve any alternative to providing off-street parking spaces on the site of the subject development if the applicant demonstrates to the satisfaction of the [INSERT OFFICIAL] or the Planning Commission that the proposed plan will protect n f ' surrounding neighborhoods, maintain traffic circulation patterns and promote quality urban design at least as well as a plan that complies with otherwise applicable off- street parking standards. The following alternatives are intended to serve as examples of the types of alternatives that may be approved. 1. Bicycle Parldng The [INSERT OFFICIAL] or Planning Commission may authorize a reduction in the number of required off-street parking spaces for developments or uses that provide bicycle parking or that make special provisions to accommodate bicyclists. Examples of accommodations include bicycle lockers, employee shower facilities and dressing areas for employees. ----------------------------------------------------------------------------------------------------------------------------------------------------------------- & Wilmington/New Hanover County 174 r (December 6, •1996 Draft) Unified Development Ordinance ' l,J ,,,,,,, , , „ Article )/General Development,Atandards ..................................................... ............... Sec. 1001/Off-Street Parking and Loading 2. Valet Parldng The [INSERT OFFICIAL] or Planning Commission may authorize valet parking as a means of satisfying otherwise applicable off-street parking standards. a. An automobile must be retrievable from its parking space with the u movement of a maximum of two additional vehicles; and b. The [INSERT OFFICIAL] certifies that the valet parking will not cause interference with the public use of streets or ways or imperil the public safety. 3. Transportation Management Plan The [INSERT OFFICIAL] or Planning Commission may authorize a reduction in the number of required off-street parking spaces for developments or uses that institute and commit to maintain a transportation management program, in accordance with the standards of this section. a. Required Study The applicant must submit a study that clearly indicates the types of transportation management activities and measures proposed. b Transportation Management Activities There is no limitation on the types o transportation management -activities for which reductions may be granted from otherwise required off-street parking ratios. The following measures are a guide to eligible transportation management activities. (1) Posting and Distribution of Information The distribution and posting of information from transit agencies and other sources of alternative transportation may be cause for a reduction in otherwise applicable off-street parking requirements. (2) Transportation Coordinator The appointment of a Transportation Coordinator with responsibility for disseminating information on ride -sharing and other transportation options may be cause for a reduction in otherwise applicable off-street parking requirements. In addition to acting as liaisons, Transportation Coordinators must be available to attend meetings and training sessions with transit providers. (3) Off -Peak Work Hours Employers that institute off-peak work schedules, allowing employees to arrive at times other than the peak morning commute period, may be eligible for a reduction in otherwise applicable off-street parking requirements. The peak morning commute period is defined as 7:30-9:00 a.m. 1;0 (4) Preferential Parkingkr The provision of specially marked spaces for each registered car ppo:x and van pool may be cause for a reduction in otherwise applicabi <'k�h ......................................................................•.....................................— 4—_.....=...... Al Wilmington/New Hanover County & Unified Development Ordinance (December 6, 1996 Draft) 175 Article )/General Development Standards0 ................................................................................................................-----................................... Sec. 1001/Off•Street Parking and Loading off-street parking requirements. 0 (5) Financial Incentives The provision of cash or in -kind financial incentives for employees commuting by car pool, van pool and transit may be cause for a reduction in otherwise applicable parking requirements. 4. . Off -Site Parldng Required off-street parking spaces to be located on a separate lot from the lot on which the principal use is located, if approved as part of an Alternative Access Plan and if the off -site parking complies with the all of following standards. a. Location No off -site parking space may be located more than 600 feet from the primary entrance of the use served, measured along the shortest legal, n practical walking route. Off -site parking spaces may not be separated from the use served by a street right -of- way with a width of more than 80 feet, �•l unless a grade -separated pedestrian walkway is provided. b. Zoning Classification Off -site parking areas require the same or a more intensive zoning classification than required for the use served. c. Agreement for Off -Site Parking In the event that an off -site parking area is not under the same ownership as the principal use served, a written agreement will be required. An attested copy of the agreement between the owners of record must be submitted to the [INSERT OFFICIAL] for recordation on forms made available in the office of the [INSERT OFFICIAL]. Recordation of the agreement must take place before issuance of a building permit for any use to be served by the off -site parking area. An off site parking agreement may be revoked only if required off-street parking spaces can otherwise be provided, in accordance with Sec. 1001-4. S. Shared Parking Developments or uses with different operating hours or peak business periods may share off-street parking spaces if approved as part of an Alternative Access and Parking Plan and if the shared parking complies with the all of following n; standards. �J a. Location Shared parking spaces must be located within 600 feet of the principal entrance of all uses served, measured along the shortest legal, practical walking route. 4 b. Zoning Classification Shared parking areas require the same or a more intensive zoning classification than required for the use served. z. 1 r c. Shared Parking Study --.-•-------------------•------•-.-- �� Wilmington/New Hanover County 176 r� IDecember 6. 1996 Draft) Unified Development Ordinance r� L ..... .................. . , -. Article X/General- Development Standards Sec. 1001/Off-Street Parking and Loading Those wishing to use shared parking as a means of satisfying off-street parking requirements must submit a shared parking analysis to the f'T [INSERT OFFICIAL] that clearly demonstrates the feasibility of shared (� parking. The study must be provided in a form established by the [INSERT OFFICIAL] and made available to the public. It must address, at a n minimum, the size and type of the proposed development, the composition Jof tenants, the anticipated rate of parking turnover and the anticipated peak parking and traffic loads for all uses that will be sharing off-street parking spaces. d. Agreement for Shared Parking A shared parking plan will be enforced through written agreement among all owners of record. An attested copy of the agreement between the owners of record must be submitted to the [INSERT OFFICIAL] for recordation on forms made available in the office of the [INSERT nOFFICIAL]. Recordation of the agreement must take place before issuance t of a building permit for any use to be served by the off -site parking area. A shared parking agreement may be revoked only if required off-street parking spaces can be otherwise provided, in accordance with Sec. 1001-4. 1001-10 Use of Required Oft -Street Parking Spaces Required off-street parking areas are to be used solely for the parking of licensed, motor vehicles in operating condition. Required spaces stal no forexample, be-used-for-thP long-term storage of vehicles, boats, motor homes, campers, mobile homes or other D items, nor for the sales or display of products. No motor vehicle repair work or service of any kind shall be permitted in conjunction with off-street parking areas, except emergency repair service necessary to relocate a vehicle to a normal repair facility. 1001-11 Off -Street Parking Area Design All new or enlarged off-street parking areas shall comply with the standards set forth in n the Technical Standards and Specifrcationr Manual as modified or supplemented by the specific design standards of this subsection 1001-11. A. Maneuvering All off-street parking and loading facilities shall be constructed so that all maneuvering will take place entirely within the property lines of the facility. B. Curbs and Wheel Stops Each parking space located at the perimeter of a parking facility shall be equipped with a curb, wheel stop, or similar device to prevent vehicle encroachment beyond property lines of parking lots and into *pedestrian ways or traffic aisles. C. Vehicle Movements Onto Streets All off-street parking and loading areas, except those serving a single-family or duplex dwelling unit, shall be arranged so that ingress and egress to streets is by forward motion of the vehicle. 4k f,y . ---------------------------------- --- --------------- --------------- ,.. t :., Wilmington/New-Hanover County- ----- '.` �. 177 Unified Development Ordinance (December 6, f96 L31af) Article X/General Development Standards ............................................................................................................................................................. Sec. 100 1 /Off -Street Parking and Loading D. Drainage No storm water drainage from an off-street parking area shall cross the surface of any adjoining public right-of-way to reach a storm water drainage system. E. Surfacing 1. Small Off -Street Parldng Areas All off-street parking areas containing between 5 and 24 spaces, inclusive, may be paved or surfaced with a stone material in accordance with the requirements set forth in the ?Technical Standards and Specifrcationr Manual This provision shall not apply to parking spaces for persons with disabilities. Parking spaces for disabled persons and accessways to such spaces shall be paved with concrete or asphalt material. 2. Large Off -Street Parking Areas All off-street parking area containing 25 or more spaces shall be paved with concrete or asphalt material, or with alternative paving material (e.g. concrete pavers, brick, "turfstone" or similar material) determined to exhibit equivalent wear resistance and load bearing characteristics as asphalt or concrete, according to the parking lot standards of the ?Technical Standardr and Specificatiorzr Manua There are three exceptions to this surfacing requirement- e. Off-street parking areas in the HD district may be surfaced with other materials, recognized as historical surfacing materials in the Historic District Design Guidelines; f. "Overflow" off-street parking areas (i.e., parking facilities providing parking in excess of the number of spaces required in Sec. 1001-4) may be surfaced with material deemed appropriate for such facilities on a case -by -case basis by the [INSERT OFFICIAL] upon consultation with the traffic engineering division and engineering department, and g. Off-street parking areas determined by the [INSERT OFFICIAL] to serve establishments that will use off-street parking areas infrequently (e.g., assembly uses, such as churches and recreational areas) may be surfaced with material deemed appropriate for such facilities on a case -by -case basis by the [INSERT OFFICIAL] upon consultation with the traffic engineering division and engineering department. F. Parking Space Sizes Required off-street parking spaces shall have a minimum width of 8.5 feet and a minimum length of 18 feet. Up to 25 percent of the off-street parking spaces required for residential, non -medical office, warehousing and industrial uses may be "compact car" spaces, having a minimum width 8 feet and a minimum length shall be 16 feet. Compact car spaces shall be identified by signs alerting drivers to the limited space size. Compact car spaces are not permitted in conjunction with uses other than those listed in this subsection. Water -oriented parking spaces shall have a minimum width of 10 feet and a minimum length of 16 feet. Space adjacent to a floating dock shall have a minimum length of 16 feet. Water -oriented parking spaces shall be identified by signs. Water -oriented parking shall consist of a minimum of two boat slips but shall not account for more than 10 percent of the total number of spaces required for .. ........................ any use. 178 C(December 6, 1996 Draft) ------------------------------------------------------------------------- Wilmington/New Hanover County Unified Development Ordinance I I ! I I 0 It I I It 0 Article X/General Develo ment Standards Sec. 1001/Off-Street Parking and Loading G. Plan 1. Review Prior to any work being done or any building or driveway permit being issued, all off-street parking facilities of five (5) or more spaces or twenty-five hundred (2,500) square feet constructed, reconstructed, revised or enlarged shall have a plan of the facility reviewed by the [INSERT OFFICIAL] for compliance with General Statutes, local ordinances and the provisions of the Technical Standards and Specifications Manual 2. Plan Contents The plan shall show the number, size and location of spaces; arrangements of circulation aisles; locations of driveways; provisions for vehicular and pedestrian circulation; locations of sidewalks and curbs on or adjacent to the facility; barriers or wheel stops; interior, perimeter and street side landscaping; locations, legend and details of signs; lighting standards; typical cross-section of pavement, storm drainage facilities; and other pertinent information necessary to indicate compliance with this section. 1001-12 Off -Street Loading —Location All required loading spaces shall be'located on eitl same rot and�lrall-have-the-same zoning as the use serves. No off-street loading space shall be located in a required n front setback. Loading facilities shall be constructed so that all maneuvering will take (� place entirely within the property lines of the facility. Interior off-street loading spaces may be located inside the structure it serves provided the other provisions of this Cl section, such as size and access, are met. B. Size Unless otherwise specified, an off-street loading space shall have a minimum width of 12 feet and a minimum length of 45 feet, exclusive of aisles and maneuvering space. Loading spaces shall have a minimum vertical clearance of 15 feet. C. Surfacing All off-street loading spaces shall be paved with asphalt or concrete material, or with alternative paving material (e.g. concrete pavers, brick, "turfstone" or similar material) determined to exhibit equivalent wear resistance and load bearing characteristics as asphalt or concrete, of a type and thickness, capable of carrying, without damage, the heaviest vehicle loads reasonably anticipated on such surface. There are three exceptions to this surfacing requirement: a. Off-street loading areas in the HD district may be surfaced with other materials, recognized as historical surfacing materials in the Historic District Design Guidelines; b. "Overflow" off-street loading areas (i.e., facilities providing loading in excess of the number of spaces required) may be surfaced with material deemed appropriate for such facilities on a case -by -case basis b the Y Y [INSERT OFFICIAL] upon consultation with the traffic engineeringkt�v .............................................. :....�, `. .... Wilmington/New Hanover County .� Unified Development Ordinance (December 6, 16 A., 179 Article X/General Development Standards ......................................................................................................................................................... Sec. 1001/Off•Street Parking and Loading division and engineering department-, and c. Off-street loading areas determined by the [INSERT OFFICIAL] to serve establishments that will use off-street loading areas infrequently (e.g., assembly uses, such as churches and recreational areas) may be surfaced with material deemed appropriate for such facilities on a case -by -case basis by the [INSERT OFFICIAL] upon consultation with the traffic engineering division and engineering department. D. Use of Space No motor vehicle repair work or service of any kind shall be permitted in conjunction with loading facilities, except emergency repair service necessary to relocate a vehicle to a normal repair facility. Off-street loading space shall not be used to satisfy the space requirements for off-street parking facilities or portions thereof, nor vice versa. E. Access Each off-street loading space shall be provided with unobstructed ingress and egress to a public ar-pri atcstreet. F. Number of Loading Spaces Required 1. Uses Handling Goods in Quantity Uses that normally handle large quantities of goods including, but not limited to, industrial plants, wholesale establishments, storage warehouses, freight terminals, hospitals or sanitariums and retail sales establishments shall provide off-street loading facilities in the following amounts: 2. Uses Not Handling Goods in Quantity Commercial establishments that do not handle large quantities of goods including, but not limited to, office buildings, restaurants, auditoriums, convention halls, coliseums, exhibition halls, funeral homes, hotels and motels shall provide off-street loading facilities in the following amounts: ........................................................ 180(December 6, 1996 Draft) .• .. .. •• . .. .. •. ......................................... Wilmington/New Hanover County Unified Development Ordinance I I I Ell 1 1 -- - -- -- - - --- - - - -- - Article )/General Development•Standards .......................................... ....... ......--............................................ Sec. 1001/Oif-Street Parking and Loading 3. Other Uses The [INSERT OFFICIAL] shall apply the off-street loading requirements for {� the most similar use listed herein to an unspecified use. LI Sec. 1002/ Landscaping and Buffering [consists primarily of city standards] 1002-1 General A. Purpose The landscaping and buffering standards of this section are intended to accomplish the following purposes: 1. IGiaintain visual characterof the -community-, ' 2. Screen objectionable views within and between uses; 3. 4. Define functional exterior spaces; Reduce glare into and from the site; 5. Reduce dust and other pollutants suspended in the air-, 6. Control noise and provides acoustical modification into and from the site; 7. Influence wind patterns and their effects upon proposed uses; -- 8. Contain odors and minimizes their passage into and from the site; 9. Control the direction and velocity of surface water runoff, 10. Minimize soil erosion; 11. Moderate interior and exterior temperatures by controlling solar radiation on buildings and paved surfaces; and 12. Maintain the aesthetic quality of property and enhances its value. B. Waivers, Exemptions and Exceptions 1. Waivers a. The [INSERT OFFICIAL] may waive the requirements of this article during an emergency such as a hurricane, tornado, windstorm, tropical storm, flood or other act of God. b. If any regulated tree shall be determined to be in a hazardous condition so as to (1) immediately endanger the public health, safety or welfare, or (2) cause an immediate disruption of public services, the [INSERT OFFICIAL] may authorize removal of the tree without a written permit. Following removal, the [INSERT OFFICIAL] may determine that z, replacement with additional trees is necessary. In making determinations' the [INSERT OFFICIAL] shall utilize such professional criteria andu `< •---------------------•-----------._...------.......---.....-•-•--------....-- . Wilmington/New Hanover .... �:�.. � �:..... 9 County rk"w n Unified Development Ordinance (December 6,. f 6 Draft) 181 Article X/General Development Standards ........................................................................................................................................................ Sec. 1002/Landscaping and Buffering technical assistance as may be necessary. 0 2. Exemptions rj a. Properties within the HD, HD-R and HD-O zoning districts shall be �J subject only to the requirements placed on them by the Historic District Commission. b. Except for the construction of single-family residences in subdivisions prior to the recording of a final plat for the subdivision, single-family residences are exempt from this section. c. All bona fide agricultural land use is exempt from this section. 1002-2 Tree Removal A. Permits Required No person, directly or indirectly, shall remove any regulated tree from public or private property without first obtaining a tree removal permit from the [INSERT OFFICIAL]. A tree removal permit is required before any clearing, grading or other construction activity begins on a site and before any permits, certificates or other authorizations may be issued, including soil and sedimentation control permits and building permits. An approved tree removal permit for new construction shall apply to the entire site. A tree removal permit may be either attached to the submitted site (� plan or the site plan may be clearly marked for either approval or denial. u B. Procedure Applications for tree removal permits shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL] and made available to the public. The [INSERT OFFICIAL] shall review all complete applications for tree removal permits and act to grant or deny the permit in accordance with this section within five working days of submittal. In applying the provisions of this article, the [INSERT OFFICIAL] shall follow normal landscaping practices and may seek technical assistance from landscaping professionals, as appropriate. C. Criteria for Permit Issuance Tree removal permits shall be issued upon a determination by the [INSERT OFFICIAL] that the application complies with all applicable standards of this section and that any of the following conditions exist. 1. That essential site improvements cannot be accommodated on the site without the removal of regulated trees; 2. The regulated tree is dead, severely diseased, injured, or in danger of falling close to existing or proposed structures; 3. The regulated tree is causing disruption of existing utility service or causing drainage or passage problems upon the right-of-way; 4. The regulated tree is posing an identifiable threat to pedestrian or vehicular safety; bra 5. The regulated tree violates state or local safety standards; or 6. Removal of the regulated tree is necessary to enhance or benefit the health or condition of adjacent trees or property. pp v �Y...�..................................................................................................................................................................... Wilmington/New Hanover County Ordinance 1132 p December 6, 1996 Draft) Unified Development ,, .Article X/General, Development,Standards ..............................................---.....----........ ................. n Sec. 1002/Landscaping and Buffering Lt 1002-3 Tree Preservation and Replacement H. The total number of trees to be retained shall be at least fifteen (15) regulated trees per acre. For sites proposed for partial development, only the acreage of that portion of the site to be developed shall be utilized in calculating the number of trees to be D preserved; the undeveloped portion shall not be utilized in calculating the number of trees to be preserved or in determining the number of retained regulated trees. I. If there are less than fifteen (15) regulated trees per acre on the site, then the difference shall be replaced with new or existing trees, to a total of fifteen (15) trees per acre equalling at least two (2) caliper inches per tree planted or retained. J. If there are no regulated trees on the site, then at least fifteen (15) new or existing trees per acre equalling at least thirty (30) caliper inches shall be planted or retained. U U K Regulated trees that are retained may be used to fulfill some of the landscaping requirements of the street yard, parking facilities or bufferyard sections, provided they are adequately protected from damage by construction activities or the intended use of the property. L If any new, retained or regulated tree, shown on the approved site plan, dies within �j twelve-(12)_months after the issuance of the certificate of occupancy, it shall be U replaced by planting a n_ ew tree, having am nuimum calipefaf two-(2)-inches.—For unauthorized removal of a new, retained or regulated tree during construction or after the issuance of the certificate of occupancy, its replacement shall be the planting of a new tree, with a minimum caliper of five (5) inches, in addition to any other enforcement provisions available under this UDO. rN 41 I a I 1002-4 Street Yard Landscaping A. A street yard, as defined herein, must be provided for new construction of principal structures or expansions to such structures or uses whenever additional off-street parking is required. However, no street yard improvements shall be required for those portions of lot frontage used for driveways constructed in accordance with city driveway regulations. B. It is intended that street yards be landscaped by meeting the requirements of either the following "Minimum Standard" or "Creative Standard." 1. Minimum Standard: For every fifty (50) linear feet of lot frontage, or fraction thereof, the street yard shall contain: a. one (1) tree, eight (8) feet in height or three (3) flowering trees, five (5) feet in height, and b. • six (6) shrubs, eighteen (18) inches in height 2. Creative Standard: To promote creative designs, street yards may consist of trees and shrubbery, which cover at least fifty (50) percent of its area. C. No more than fifteen (15) percent of the required street yard shall be covered with an impervious surface. This portion of the street yard may be used for walkways, fountains, walls or fences, but not for parking or storage. D. If there are existing trees in the proposed street yard area, the [INSERT OFFICIAL�.; may grant credit toward meeting section 19-173 for preservation of those trees, Iix- provided their caliper is at least two (2) inches or more.,° .............•--•-----..............---------------------..................----....-----------.....---....................a..�* • -- ..... Wilmington/New Hanover County Unified Development Ordinance (December 6,946 f3ltaft) 183 Article X/General Development Standards ......................................................................................................................................................., Sec. 1002/Landscaping and Buffering E. All street yards shall be landscaped with a combination of live vegetation, groundcover, grass, trees, or shrubs. Vegetation to be planted pursuant to this section shall be selected from the approved list located in the ?Technical Standanls and SpecificatronsAlanual or shall be specifically approved by the ?OFFICIAL. F. Property used for a business primarily engaged in the sale and display of motor vehicles, manufactured housing, boats, recreational vehicles or similar equipment may have the required landscaping within the street yard installed at a minimum height of eighteen (18) inches at planting and not exceeding three (3) feet at maturity. G. Minimum street yard widths are stated in Table 1002-4. Table 1002-4 Minimum Street Yard Widths Z....... ' D.istnct . Yard`Ssze* NF-L 6 feet MF-M 6 feet MF-H 6 feet R-5 (duplex, triplex, etc. 6 feet R-3 (duplex, triplex, etc. 6 feet NB 8 feet O&I i@ feet RB 10 feet CS 10 feet A -I 10 feet LM 10 feet HM 110 feet * Comer lots --The comer side of a lot shall have a minimum street yard width of five (5) feet. 1002-5 Parking Lot Landscaping A. Review All parking facilities required by section 19-41 herein shall submit the site plan required by Sec. 19-44 to the [INSERT OFFICIAL] for review and approval of the landscaping requirements of this section.. B. Interior Area Landscaping At least eight (8) percent of the interior, gross paved area of a parking facility shall be landscaped. For purposes of this section, "interior" shall mean the area within the parking facility curb or pavement and extensions that create a common geometric shape such as a square, rectangle or triangle. The following standards shall apply to interior parking area landscaping. 1. Trees and shrubbery planted pursuant to. this section shall include at least one tree a minimum of eight (8) feet in height and six (6) shrubs at least eighteen (18) �a inches in height at planting shall be. required for every fifteen (15) parking spaces or fraction thereof. At least fifty (50) percent of the trees planted shall be of a � ._.......�.,ia.....................................................................•............................................................................................... Wilmington/New Hanover County 184 K O(December 6, 1996 Draft) Unified Development Ordinance I ilk I is I [I; X 1-11 I II 0 I ...:......................................................................................Article X/General Development_Atandards Sec. 1002/Landscaping and Buffeting ----------- --------- ................. shade/canopy species as defined in the manual and no more than fifty (50) percent of the trees required hereunder shall be of the same species, except when the parking facility contains fewer than four (4) trees. 2. The minimum planting size for trees shall be two caliper inches. 3. All plantings shall be evenly distributed throughout the parking facility. 4. All interior plantings shall be curbed or otherwise physically protected. 5. Consecutive parking spaces shall incorporate landscaped peninsulas no more than fifteen (15) spaces apart and at the ends of all parking rows. Peninsulas shall contain at least one hundred (100) square feet in area and be at least eight (8) feet in width, measured from back of curb/barrier to back of curb/barrier. 6. For every regulated tree, as defined herein, that is retained in a parking facility in addition to the requirements of section 19-173, a reduction to the above eight (8) percent interior planting requirement maybe allowed equalling one-half of one percent per regulated tree retained. The reduction shall be limited to a maximum credit of two (2) percent or four (4) regulated trees retained. C. Perimeter Landscaping For parking facilities containing five (5) to twenty-four (24) spaces or stalls, inclusive, a perimeter landscape strip may be provided in lieu of interior landscaping, subject to the following requirements: ' 1: —The-minimum-width o£such strip shall be five (5) feet. 2. For every fifty (50) linear feet or fraction thereo a penmeter-landscape-strip shall contain one (1) canopy tree of at least two (2) caliper inches or three (3) flowering trees at least five (5) feet in height, and a continuous row (at least six (6)) of evergreen shrubs at least eighteen (18) inches in height. 3. Where a perimeter landscape strip overlaps a street year or bufferyard required elsewhere in this article, the more stringent requirements shall apply. 4. All perimeter landscaping strips shall be planted with a combination of live vegetation, ground cover, grass, trees or shrubs. Vegetation planted pursuant to this section shall be selected from the approved list contained in the ?Technical Standards and Specifications Manual or approved by the [INSERT OFFICIAL], and shall be maintained to ensure continued growth. D. Parldng Area Screening Where screening is required under section 19-176 to separate a parking facility from an area which is in a different zoning district, the requirements of section 19-176 or those of this section, whichever are more stringent, shall apply. When a parking facility is within fifty (50) feet of the public right-of-way a perimeter planted strip shall be installed, consisting of a low buffer incorporated into the street yard. E. Waivers 1. The [INSERT OFFICIAL] may waive all or part of the requirements of this subsection for any facility which is limited to periodic or intermittent use for vehicular parking, such as parking lots for churches or recreational facilities, provided the facility is completely covered by grass or otherwise presents a Al landscaped effect. .1 2. The [INSERT OFFICIAL] may waive the requirements of this subsection. r ", temporary parking lots when he finds that a waiver is necessary to relieve' Wilmington/New Hanover County�' n Unified Development Ordinance (December 6, 196 L3tflffi) 185 U Article X/General Development Standards ......................................... ..............................---.......................................................................... Sec. 1002/Landscaping and Buffering hardship and will not violate the purposes of this section. Any such waiver shall not exceed one year. 1002-8 Bufferyards A. Purpose A screening buffer is intended to protect adjacent residential areas from excessive heat, dust and winds; illumination from car headlights, elevated yard lights, building lighting and electric signs; noise from mechanical equipment clusters, vehicular traffic and concentrations of people; fumes and odors from automobile exhaust emissions and other such characteristics of intensive and extensive development. The screening buffer shallprovide necessary visual and acoustical privacy so that home life may be conducted in an undisturbed and unthreatened residential environment and shall provide for the protection and preservation of property values for the adjoining property. B. Screening Buffer Standards 1. Bufferyard Required ' In MF-L and less restrictive districts when a new principal structure is built or an existing principal structure is renovated or expanded sufficiently to increase its physical gross floor area by fifty (50) percent or more as determined by the [INSERT OFFICIAL], in any one or more expansions, a screening buffer must be provided along all side and rear property lines abutting a residential district or use. The amount of screening is based on the intensity of the uses allowed within each zoning district, and the extent of development, as determined by the total amount of principal building floor space per lot. For new construction, the minimum acceptable screening is indicated in the table below; for expansions to existing principal structures or uses, see section 19-176.1. Zoning M,nmum . Distnct of Zdiung District of Floor Space AIl Scree Buff P tucturesonLcrot Type Psovsder:; RA, R-20, R-20S, R-15, Up to 10,000 s. ft. Tvpe A MF-L R-10, R-7, R-5 10,000--25,000 s. ft. Type A R-3, HD, HID-R 25,000 sq. ft. or more _:Type B U to 10,000 s. ft. T e A - -H R-15, R-R-5, 10,000--25,000 s. ft. Type B R-3, HDD,, HD-R 25,000 sq. ft. or more Type B* All R districts, HID, Up to 25,000 sq. ft. Type B NB, 0&1 HD-R, MR -IL, MF-M, MF-H 25,000 sq. ft. or more Type B* RB, CS*** All It, HD, HD-R and. Up to 25,000 sq. ft. Tvpe B CBD MF districts 25,000 sq. ft. or more Tvpe B** 1;t �.................................... .....------ ................ qa 186'J�4p CIDecember 6, 1996 Draft) ........................................................................................ Wilmington/New Hanover County Unified Development Ordinance n r� I I ni ..........................................................................................Article ..........X/General... Development.Standards............... Sec. 1002/Landscaping and Buffering .......... Z+ning Distract of ............. I ........ Zo District of 1~Ioor Spice All Mmum' Screening Bueryard At%ct�d Property Structures on Lot Type P :.;::<: All R, HD, HD-R and Up to 50,000 s . ft. Type B M HM MT districts 150,000 s . ft. or more ITYpe B** *Indicates an additional ten (10) feet of bufferyard space is required for each additional twenty-five thousand (25,000) square feet or portion thereof. (Up to the maximum setback requirement for each zoning district.) **Indicates an additional twenty-five (25) feet of bufferyard space is required for each additional twenty-five thousand (25,000) square feet or portion thereof. (up to the maximum setback requirement for each zoning district.) ***Where a use in the CS zone abuts a residential use, the required buffer shall include a fence constructed as provided in subsection (b)(2)c. of this section. 2. Types of Screening The following standards shall be applied to'provide the highest protection for affected property. The highest side of any two (2) properties at their common property line shall be used in determining the minimum height of a screening buffer. The degree of effectiveness for opacity shall be judged from the —G-------____residential proprty being screened. a. Planted (Living) Screening The minimum height of trees used in a planted screen shall be eight (8) feet at initial planting and fifteen (15) feet at maturity-, the minimum height of evergreen shrubs used in a planted screen shall be thirty-six (36) inches at initial planting and six (6) feet at maturity. These requirements are illustrated in thevtrsgc D When more than one row of planting is required by this section, such planting shall be arranged in an alternating fashion to form a continuous opaque screen. If approved by the [INSERT OFFICIAL], regulated trees as defined in section 19-173 within the required bufferyard may be included in computing the required bufferyard plantings. Berms may also be used to satisfy the requirements hereunder. The height j� of the berm and plant material used thereon shall be at least eight (8) feet at �J maturity. Any plant material used in connection with a berm must meet all minimum height requirements specified above. b. Screening Types: Plants 1) Type A �f This is a medium density screen intended to block visual contact between uses and to create spatial separation. The bufferyard shall be at least ten (10) feet wide, and shall consist of plant material which at : maturity creates a screen which is at least seventy-five (75) percent opaque. For every linear one hundred (100) feet, or fraction thereQfw the screen shall consist of a combination of at least two (2) cancip A .......................-----------......................----------------------............------....................................... . .....,1,... ..... Wilmin/ ngtoNew Hanover County' n Unified Development Ordinance (December 6, T996 [3rafi) 187 a Article X/General Development Standards Sec. 1002/Landscaping and Buffering type trees planted 40--60 feet on center and ten (10) evergreen shrubs eight (8) feet on center. New trees and shrubs shall be evenly spaced at planting, with trees having an eight -foot minimum installed height, and shrubs having a thirty -six-inch minimum installed height. An example site plan is iivi14vr 2) Type B O This is a high density screen intended to exclude all visual contact between uses and to create a spatial separation. The bufferyard shall have a minimum width of fifteen (15) feet, and shall consist of plant material which at maturity creates a screen which is one hundred (100) percent opaque. For every linear one hundred (100) feet, or fraction thereof, the screen shall consist of a combination of at least three (3) canopy type trees planted 20-40 feet on center and thirty-four (34) �1 evergreens shrubs in a double -staggered row six (6) feet on center. New trees and shrubs shall be evenly spaced at planting, with trees0 having an eight -foot minimum installed height and shrubs having a thirty -six-inch minimum installed height. An example istset c. Fenced (Nonliving) Screen An opaque fence or wall may be used in place of fifty (50) percent of required bufferyard plantings. Any fence or wall used to meet bufferyard requirements shall have a minimum height of eight (8) feet in the AI, LM, HM and CS districts and six (6) feet in all other districts. The design, color �} and materials of any fence or screen used to meet bufferyard requirements u shall be approved in advance by the [INSERT OFFICIAL]. The fence shall be installed on the property line with the required planted screening installed on the bufferyard provider's side of the fence, and the plantings shall be equally distributed in the-bufferyard as illustrated below. The fence shall be a shadow box style with two (2) finished sides. When an opaque fence or wall is used in conjunction with a planted screen, the minimum width of the bufferyard may be reduced by one-third (1/3), except where a fence required by section 19-176(b)(4) is included as part of any bufferyard. n d. Technical Standards To meet the minimum acceptable screening standards set forth above and the spirit and intent of this provision, various materials, including combination screens, shall be selected and designed from the criteria found in the ?Technical Standards and Specifications Manual The [INSERT OFFICIAL] shall maintain and make available for public use the ?Technical j } Standards and Specifications Manual u e. Administration and Enforcement. 1. Before the issuance of a building permit for any construction, renovation or alteration of any structure for which a screening buffer (� A. u�- must be provided, a plan indicating the type, amount and location o a `4 screening buffer and any required landscaped open sace, prepared in conformance with the provision of this section, shall be submitted by ---------------------------------- ------------------ Wilmington/New Hanover County 188 �> (December 6, 1996 Draft) Unified Development Ordinance S.e..c......1..0..0..2../.L..a................................................................. Article XGeneralDevelopment_Atandards n..dsp.n.g..a.n..d..B.u...ff.e..ri.n.g..........................--.........-- ... _ ......---.-- - the property owner to the [INSERT OFFICIAL] and shall be approved by the [INSERT OFFICIAL] and the [INSERT OFFICIAL]. 2. No certificate of occupancy for any construction or renovation shall be approved by the [INSERT OFFICIAL] until the required screening buffer is completed in accordance with the approved plan. 3. The board of adjustment may modify or waive the requirements of this section, where it can be demonstrated by the property owner that the specific screening buffer or landscaped open space is not needed for the protection of surrounding residential areas because of intervening streets, roadways, drainage ways, or other factors such as natural or topographic features, or where there already exists natural growth of sufficient height and density to serve the same purpose as the required screening buffer. The Wilmington Parks and Recreation Department and [INSERT OFFICIAL] shall review all requests for modification or waiver of screening requirements prior to board of adjustment review. 3. Use of Bufferyards Any bufferyard required by this section shall contain only vegetation or other materials permitted by this section and approved by the [INSERT OFFICIAL]. No bufferyard required by this section may contain any building or structure, or extension of any building or structure, mechanical -system, -utility or utility service access. 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 system components, utility meters, utility service or connection accesses, waste containers, storage buildings or any other fixture or structure, whether temporary or permanent. 4. Screening for Dumpaters and Outside Storage Areas The following uses shall be screened from the view of any public right-of-way or adjacent property. Screening shall be eight (8) feet in height and may consist of living or nonliving material as specified in this article. a. Any dumpster or trash receptacle storage area used in connection with any business establishment located in a CS zone. b. Any outside storage area for vehicles awaiting repair in connection with any automotive or motor vehicle repair business, where the number of such vehicles exceeds five (5). c. Any outside storage area for any equipment used in excavation, building site preparation, or construction. No part of any equipment stored in such area may project above the screen. 1002-7 Landscaping for Expansions to Existing Principal Structures or Uses A. For expansions to existing principal structures or uses, the following table shall be utilized in calculating the extent of the landscaping upgrade required for the previously developed portions of the site (up to the maximum landscapingk requirements of this article). All newly developed portions of the site shall be sul et to the full landscaping requirements of this article. For expansions where optjp ?are4A V ..........................................................................t...�)t.--....,�.....:r ...._ .......................---.......................................................... ,g ;yr Wilmington/New ton/New Hanover County Unified Development Ordinance (December 6, 1� 6 DO, aft) 189 Article )/General Development Standards ................................................................................................................................................... Sec. 1002/Landscaping and Buffering listed for street, yard and parking facility landscaping, the higher option shall be utilized except where the city staff has determined that practical difficulties in site development exist in which the lower option is preferable. 10--25% increase in gross floor area or 5--20 new parking spaces as required by Sec. 19-43, whichever is more restrictive. 15 per Acre 4 feet 4 percent Fence or 5-foot Wide Type A 26--50% increase in gross floor area; or 15 per Acre Full Width 4 percent Type A (for over 10,000 sq. ft. increase in gross floor or uses in the CS, area; or 21-50 new parking spaces as 4 feet 6 percent AI, LM & HM required by Sec. 19-43, whichever is more Districts, the restrictive. fence option shall be used. Greater than 50% increase in gross floor 15 per Acre Full width as 8 percent Full buffering area; or over 20,000 sq. ft. increase in gross required for as required for floor area; or more than 50 new parking new new spaces required by Sec. 19-43, whichever is construction. construction. more restrictive. B. When subdivision of previously developed.property occurs and a building permit for new construction is obtained for any newly created tract within two (2) years of the date that the final subdivision plat was approved, all parcels of the original tract shall be subject to the above provisions for expansions to existing structures or uses. C. For consecutive expansions occurring within a two-year period, the amount of the expansions shall be summed and the maximum. landscaping requirements for the total extent of the expansions shall be provided. D. Notwithstanding the above requirements, expansions to existing structures or uses amounting to not more than a total increase of five hundred (500) square feet in gross floor area over a two-year period shall be exempted from meeting the street yard and parking facility landscaping requirements. 1002-8 Maintenance A. All planted and retained living material, required to meet the provisions of this section, shall be maintained by the owner of the property on which the material is located. Any planted material which becomes damaged or diseased or dies shall be replaced by the owner within sixty (60) days of the occurrence of such condition. If, in the opinion of the [INSERT OFFICIAL], there are seasonal conditions which will not permit the timely replacement of the vegetation (e.g., too hot or too cool for successful replanting), this requirement may be administratively waived until a time certain. B. Nonliving screening buffers shall be maintained, cleaned and repaired by the owner of the property on which the buffer is located. Such buffers shall be kept free of litter and advertising. CID C. All provisions of this article shall be subject to enforcement proceedings as cited in 14 Sec. ? 'Ail-45 ,r . •-------------------------------------------------------------------------------------------------------------------------------------------------------------------- '� Wilmington/New Hanover County 190 ; C(December 6, 1996 Draft) Unified Development Ordinance III 1i 1 I I Jl I I I I 0 0 Article X/General Develo ment Standards ... ... .... ........ ...................-- ...................... 1?.................................. .... ............... ..... ..... ................. Sec. 1002JLandscaping and Buffering O 1002-9 Authority to Treat or Remove Trees on Private Property A. The [INSERT OFFICIAL] may cause or order removal of any tree or part thereof on public or private property which is in an unsafe condition, damaging to sewers or other public improvements facilities, or infested by an injurious fungus, disease, Q insect or other pest. B. The [INSERT OFFICIAL] may cause or order necessary treatment for any tree on public or private property which is infested by any injurious fungus, disease, insect or other pest when he determines such action is necessary to prevent the spread of any such injurious condition or pest and to prevent danger therefrom to persons or n property or to vegetation planted on adjacent property. . ft IF C. Before exercising the authority conferred by this section, the [INSERT OFFICIAL] shall order the owner or occupant of the property to take corrective action. The order shall be in writing and shall state that the action specified therein must be taken within ten (10) consecutive calendar days after the order is mailed. The order shall be mailed by certified or registered mail, return receipt requested. If the condition has not been corrected or if action that would lead to a timely correction of the condition has not been taken within the'time specified above, the [INSERT OFFICIAL] may U U enter upon the property, perform the work necessary to correct the condition, and bill the owner or occupant of the property for the actual costs incurred. The costs of —� such_work,_if not -paid, shall constitute a lien against the property. D. No foliage shall be allowed to emend ro�bhc or private -property -into -any -portion of a street right-of-way below a height of eight (8) feet above the grade of the n sidewalk at the property line, or, if no sidewalk grade has been established, the height (J shall be measured vertically above the center of the roadway. The [INSERT OFFICIAL] may cause or order corrective action to prevent any such condition from existing. Sec. 1003/ Frontage on Streets 1003-1 Structures to have Frontage Every structure hereafter erected or moved shall be on a lot that has frontage on a street that meets 6ne of the following conditions: A. A street that has been officially accepted as a public street, B. A proposed dedicated, but unopened street provided such street, as approved, will meet or exceed the minimum standards for design and construction, and further provided a financial guarantee has been approved and accepted in accordance with Sec. 924; C. A private- street-vrprivate access easement provided such streeteasementmeets 1 standards of this section.teigzc€gi'.`tu�e....,1:q:. all applicable st..:::. 1003-2 Exemptions Townhouses shall be exempt from the frontage requirements of this section, provided, however, such lots shall be subject to Sec. ? [79(c) DOES NOT EXIST] Where structures are erected or moved on a lot that does not have frontage as requw tic "gel" ' r Wilmington/New Hanover County " Unified Development Ordinance (December 6, 1*6 D.Mff) 191 Article X/General Development Standards ...............--.............................................................................--•---................................................ Sec. 1003/Frontage on Streets by this section (such as in case of apartment buildings or manufactured housing parks), said structures shall be provided with access thereto by means approved by the [INSERT OFFICIAL] as to its suitability for all-weather travel by public and emergency vehicles; and provided further that appropriate agreements or covenants are approved by the [INSERT OFFICIAL] to ensure continued maintenance of such streets and accessways. 1003-3 Multi -Family Driveways In multi -family development, a private driveway shall not be a through street. Private driveways in multi -family developments that abut two or more public orprivatcstreets shall be designed so as to discourage all through traffic when the abutting streets intersect in the vicinity of the development and to prohibit all through traffic when the abutting streets do not intersect in the vicinity of the development. 1003.4 Zoning and Access Access to nonresidential uses in nonresidential zoning districts shall be prohibited through residential districts, except that this prohibition shall not apply if passage through a residential district is the only access available to the property on which the nonresidential use is located. - Sec. 1004/ Driveways and Roadway Access . 1004-1 Applicability Only driveways designed, approved, constructed and surfaced in accordance with the provisions of this section shall be allowed to provide motor vehicle access to or from any property upon which a building has been constructed, reconstructed or physically altered. Private driveways serving single-family and two-family dwellings shall not be regulated by the provisions of this section. 1004-2 Surfacing All driveways shall be paved with either asphalt or concrete, or with alternative paving material (e.g. concrete pavers, brick, "turfstone" or similar material) determined to exhibit equivalent wear resistance and load bearing characteristics as asphalt or concrete, according to the standards of the ?Technical Standards and Specifications Manual for parking lots. These surfacing requirements shall not, however, apply to the following. A. Driveways in the Historic District (which may be surfaced with brick as provided in Sec. ? [19-45(e)] or with other materials recognized as historic surfacing materials in the Historic District Design Guidelines); or B. Driveways that serve "overflow" parking facilities (.e., parking facilities providing parking in excess of the number of spaces of this UDO for those uses for which the parking is provided C. Driveways serving parking lots in which other surfacing materials are permitted. 1004-3 Driveway Closings When the use of any driveway has been permanently discontinued, the property owner of that driveway shall be required to replace all curbs, gutters, aprons, sidewalks, and t appurtenances thereto within 60 days. of receipt of a written notice from the [INSERT �Y� OFFICIAL]. too, ° � . . .................... ... ...... ....... ......... -------- ------------------ .------------------------------- •--•------------- *....... .... .. j Wilmington/New Hanover County 192 ; (December 6, 1996 Draft) Unified Development Ordinance , ,,, „ Article X/General Development Standards ... .................. ............. ..... Sec. 1004/Ddveways and Roadway Access 1004-4 Driveway Location and Design A. All design and construction of driveways shall conform to the requirements of the ?Technical Standards and Specifications Manua4 except for those driveways within the HD, Historic District which shall conform to the requirements of the Historic Q District Design Guidelines. B. No driveway shall conflict with any public facility such as traffic signal standards, catch basins, fire hydrants, crosswalks, loading zones, bus stops, utility poles, fire - alarm supports, meter boxes, sewer cleanouts or other necessary structures, except with the express approval of the [INSERT OFFICIAL]. Any adjustments to public facilities to avoid such conflicts shall be at the expense of the driveway applicant a1004-5 Brick Driveways A. In the HD, Historic District and CBD, Central Business District brick driveways shall be allowed consisting of smooth, hard -burned clay bricks with an appropriate concrete base conforming to the design standards of the [INSERT OFFICIAL]. B. In the event repairs are required after brick driveways are installed due to utility replacement or other construction work, the driveway applicant shall pay that portion of the repair cost which exceeds the cost of repair using standard concrete 6 inches in thickness. Normal maintenance or replacement will be the responsibility of the —i..l drivewayapplicant 1004-8 Driveway Permits Before a building permit is issued for the construction, reconstruction or change in use of any building or land used for purposes other than a single-family or two-family residence, all driveways shall be reviewed and approved by the [INSERT OFFICIAL]. The terms "Construction, reconstruction or change in use" refer to those improvements made to the site involving overall structure size or to changes in use which would require the addition of one or more parking spaces under the provisions of Sec. ? [19-43(d)]. It is not intended to refer to construction activities which merely involve changes to exterior architectural features (e.g., painting, addition of siding, roofing activities, etc). A. Application A complete application for Driveway Permit shall be submitted to the [INSERT OFFICIAL] in a form established by the [INSERT OFFICIAL] along with a nonrefundable fee that has been established to defray the cost of processing the application. No application shall be processed until the application is complete and the required fee has been paid. B. Review and Action —[INSERT OFFICIAL] After receipt of a complete application, the [INSERT OFFICIAL] shall review the Driveway Permit application to determine if it complies with the standards of this section and all applicable requirements of this UDO. The [INSERT OFFICIAL] shall then act to approve or deny the application. Conditions governing the issuance of such a permit are: . 1. A continuing indemnity bond with sufficient surety acceptable to the City of County may be required of the party performing the work. All work must hd,- V � done in conformity with the standards of this section. �, ?� - -. Wilmington/New Hanover County Unified Development Ordinance (December 6, 1'96 L3faft) 193 0 Article X/General,Development Standards„ ............................ ..................................................... Sec. 1003/Frontage on Streets 2. The City of County shall be indemnified for any damages it might sustain as a result of the breach of condition above. The damages payable to the City of County shall be the amount required to make such improvement conform to all applicable standards. - C. Inspection Once a Driveway Permit is duly issued, the supervisor of the driveway construction site shall keep the permit available for on-the-job inspection by authorized personnel. The [INSERT OFFICIAL] shall have the authority to require the immediate stoppage of work not performed either in accordance with the approved plans or under the requirements of this section and may order the installations be corrected or blocked Sec. 1005/ Fences and Walls A solid fence, wall or shrubbery screen intended for the purposes of privacy, or security may be located in a required setback, subject to the standards of this section. 1005-1 Intersection Visibility Fences, wall and screens shall comply with the intersection visibility standards of Sec. 1006. 1005-2 Solid Fences and Screen Heights In nonresidential districts no such solid visual obstruction may exceed three feet in height in any yard area adjacent to a street. 1005-3 Principal Use in Front Setback of Yard Area The activities of the principal use may not extend into a front yard or required front setback area that is screened by a solid fence, wall or shrubbery screen (e.g., a restaurant shall not enclose the front yard with a solid fence for the purpose of providing customers a lounge, a bar or an eating area). 1005-4 Open Wire Design No open wire fence of a type that could inflict injury from casual contact (such as barbed wire fence) is permitted below a height of six feet in any zoning district. Other types of open wire fencing (such as hurricane and chain link fencing) may be erected in any setback. 1005-5 Measurement of Fence Height The height of a fence or other obstruction shall be measured from the average level of the ground adjacent to the fence or screening. Sec. 1006/ Intersection Visibility 1006-1 Applicability In order to maintain an acceptable and safe line of sight for motor vehicle drivers, no parking spaces, fences, walls, posts, lights, shrubs, trees or other type of obstructions not specifically exempted shall be permitted in the space between 30 inches above ground ;s level and ten feet above ground level within a sight distance triangle, as defined in this ... �t Wilmington/New Hanover County 194 �_ s G(December 6, 1996 Draft) Unified Development Ordinance Article X/General Develo ment Standards ... ...... ................•-------- ............... i?.................................. Q Sec. 1006/lntersection Ysibility section. The sight distance triangle requirements of this section shall not apply to approved traffic control devices and approved utility structures nor to principal structures Q erected within the HD and CBD districts. All elevation measurements shall be taken from the street surface at the centerline of said street. a 1008-2 Standard Sight Distance Triangle A sight distance triangle shall be the visually unobstructed area of a street comer included in a triangle created by connecting the point formed by the intersection of curb lines (or roadway edges if no curbs are present) and the points 46 feet from said intersection measured along each curb line or roadway edge on any public arprivate-street or on any such streets and railroads. 1006-3 Major Thoroughfare Sight Distance Triangle Notwithstanding the standard sight distance triangle described in this section, for Major Thoroughfares defined in ? (?Exhibit B of the ?Technical Standards and Specifications Manua the required sight distance triangle for any street intersections with said thoroughfares shall be provided in compliance with the American Association of State Highway and Transportation Officials sight distance standards for roadways of similar classifications, intersection signalization/signage, and rated speeds. 1006-4 Private Driveway Sight Distance Triangle The siglvt distance triangle for the intersection of public-or-priv2te-streets with nonresidential anmu ti-uni residential -public -or -private -driveways -shall be determined by measuring a distance of 20 feet along the side of said driveway at the property line and 70 feet along the curb line of the street, or roadway edge if no curb is present. Sight Sec. 1007/ Drop-Off/Pick-up Areas Drop -Off /Pick -Up Areas shall be required for day care centers, schools or other similar uses. A drop- off/pick-up area. is an off-street location for vehicles allowing the immediate loading or unloading of passengers. Such areas shall located outside the public right-of-way and be designed as a semicircular drive with a minimum 30-foot radius or a standard parking area. Such areas are not to be used off-street parking unless the approved design clearly indicates off-street parking spaces. The design shall be reviewed in accordance with the ?Technical Standardr and Specifications Manua4 with final design approved by the [INSERT OFFICIAL]. 1008/ Number of Wilmington/New Hanover County Unified Development Ordinance (December 6, Article )/General Development Standards ..................................................................................................................-•-................................... Sec. 1009/Traditional Neighborhood Development Sec. 1009/ Traditional Neighborhood Development FORTHCOMING Sec. 1010/ Residential Compatibility Standards FORTHCOMING Sec. 1011/ Principal Roadway Area (PRA) Standards FORTHCOMING ..........0 ..... ___..........................•-•--...-----...... " Wilmington/New Hanover County 196 9 C(December 6, 1996 Draft) Unified Development Ordinance Article XI/ Environmental Regulations Sec. 1101/ General ?FORTHCOMING Sec. 1102/ Soil Erosion and Sedimentation Control [Reformatted County Ordinance] a1102-1 Description The regulations of this section are intended to: [] C. regulate certain land -disturbing activity to control accelerated erosion and sedimentation in order to prevent the pollution ofwater and other damage to lakes, a watercourses, and other public and private property by sedimentation; and D. establish procedures through which these purposes can be fulfilled. 1102-2 Applicability The regulations of this section shall apply to land -disturbing activities undertaken by any person, with the following exclusions: a A. those undertaken on agricultural land for the production of plants and animals useful to man, including but not limited to: forage and sod crops, grain and feed crops, tobacco, cotton and peanuts; dairy animals and dairy products; poultry and poultry products; livestock, including beef cattle, sheep, swine, horses, ponies, mules or goatssincluding the -breeding -and grazing of any or all such animals; bees and apiary products; fur producing animals; a B. those undertaken on forest land for the production and harvesting of timber and -timber products and which are conducted in accordance with Forest Practice Guidelines Related to Water Quality (best management practices) as adopted by the Department. If land -disturbing activity undertaken on forest land for the production and harvesting of timber and timber products is not conducted in accordance with Forest Practice Guidelines Related to Water Quality, the regulations of this section shall apply to such activity and any related land -disturbing activity on the tract; and D C. activity undertaken by persons as defined in G.S. 113 A-52 (8) who are otherwise regulated by the provisions of The Mining Act of 1971, G.S. 7446 through G.S. 74- 68; aD. land -disturbing activity over which the State has exclusive regulatory jurisdiction as provided in G.S.113A-56(a); E. for the duration of an emergency, activities essential to protect human life. a 1102-3 General Requirements A. Plan Required No person shall initiate any land -disturbing activity which uncovers more than one acre without having an erosion control plan approved by the [INSERT OFFICIAL]. B. Protection of Property. Persons conducting land disturbing activity shall take all reasonable measures to protect all public and private property from damage caused by such activity. h ll, Wilmington/New Hanover County Unified Development Ordinance ••••.....................................� � (December 6, 197 Article-XI/Environmental Reaulations............................................................................... ........... Sec. 1102/Erosion and Sedimentation Control C. Building Permits No building permit, unless excluded by Sec. [7-17], shall be issued without an erosion control sign -off pursuant to G.S. 153A-357 and 160A-417 as amended. D. Inspections Any and all applicable intermediate inspections may be held in any trade (building, mechanical, electric or plumbing) if any land disturbing activity, on a tract, including single family residences, is found not to be in compliance with any part of the regulations of this section. E. Building Finals Building finals or certificate of occupancies may not be issued if any land disturbing activity, including single family residences, is found not to be in compliance with any part of the regulations of this section. 1102-4 Basic Control Objectives An erosion and sedimentation control plan may be disapproved pursuant to Sec. ? [7-18] if the plan fails to address the following control objectives: A. Identify Critical Areas On -site areas which'are subject to severe erosion, and off -site areas which are especially vulnerable to damage from erosion or sedimentation are to be identified and receive special attention. B. Limit Time of Exposure All land -disturbing activity is to be planned and conducted to limit exposure to the shortest feasible time. C: Limited Exposed Area All land -disturbing activity is to be planned and conducted to minimize the size of the area to be exposed at any one time. D. Control Surface Water Surface water runoff originating upgrade of exposed areas should be controlled to reduce erosion and sediment loss during the period of exposure. E. Contiol Sedimentation All land -disturbing activity is to be planned and conducted so as to prevent off -site sedimentation damage. F. Manage Storm Water Runoff When the increase in the velocity of storm water runoff resulting from a land - disturbing activity is sufficient to cause accelerated erosion of the receiving watercourse, plans are to include measures to control the velocity to the point of discharge so as to minimize accelerated erosion of the site and increased sedimentation of the stream. A. ..... 1-K.. ak............................................................. 198 (December 6, 1996 Draft) ............................................•-----------•-------•--------••---- Wilmington/New Hanover County Unified Development Ordinance 11 it I I I I I 0 ...................................•---....................._...............Article Xi/Environmental. Regulations ....................... .... .... Sec. 1102/Erosion and Sedimentation Control 1102-5 Mandatory Standards for Land -Disturbing Activity No land -disturbing activity subject to the regulations of this section shall be undertaken Qexcept in accordance with the following mandatory standards: j A. Buffer Zone U 3. - No land -disturbing activity during periods of construction or improvement to land shall be permitted in proximity to a lake or natural watercourse unless a a buffer zone is provided along the margin of the watercourse of sufficient width to confine visible siltation within the twenty-five percent (259/6) of the buffer zone nearer the land -disturbing activity. Waters that have been classified as trout waters by the Environmental Management Commission shall have an undisturbed buffer zone 25 feet wide or of sufficient width to confine visible siltation within the twenty-five percent (251/4) of the buffer zone nearest the a land -disturbing activity, whichever is greater. Provided, however that [INSERT OFFICIAL] may approve plans which include land -disturbing activity along trout waters when the duration of said disturbance would be temporary and the extent of said disturbance would be minimal. This subdivision shall not apply to a land -disturbing activity in connection with the construction of facilities to be located on, over, or under a lake or natural watercourse. lJ 4.. —Unless-otherwise_ provided, the width of a buffer zone is measured from the lJ edge of the water to the nearest ed of-ttie--disturbed area; with-25-percent_of the strip nearer the land -disturbing activity containing natural or artificial means of confining visible siltation. 5. The 25 foot minimum width for an undisturbed buffer zone adjacent to designated trout waters shall be measured horizontally from the top of the bank. 6. Where a temporary and minimal disturbance is permitted as an exception by Sec. ? [7-7(1)a], land -disturbing activities in the buffer zone adjacent to designated trout waters shall be limited to a maximum of 10% of the total length of the buffer zone within the tract to be distributed such that there is not more than 100 linear feet of disturbance in each 1,000 linear feet of buffer zone. Larger areas may be disturbed with the written approval of the Director. 7. No land -disturbing activity shall be undertaken within a buffer zone adjacent to designated trout waters that will cause adverse temperature fluctuations, as set forth in 15 NCAC 2B.0211 "Fresh Surface Water Classification and Standards", in these waters. B. Graded Slopes and Fills The angle for graded slopes and fills shall be no greater than the angle, from zero to nineteen degrees, which can be retained by vegetative cover or other adequate erosion control devices or structures. Only when approved by the [INSERT OFFICIAL] may slopes be steeper than two foot of run to one foot of rise. In any event, slopes left exposed will, within 30 working days of completion of any phase of grading, be planted"or otherwise provided with ground cover, devices, or structure sufficient to restrain erosion. ...--•....................................................•---...------...---.........---......--•--------....---............---.............---.......... ......... ...... Wilmington/New Hanover County Unified Development Ordinance (December 6, 1'`96 [ralj 199 U Article XI/Environmental Regulations Sec. 1102/Erosion and Sedimentation Control n C. Ground Cover U Whenever land -disturbing activity is undertaken on a tract comprising more than one acre, if more than one acre is uncovered, the person conducting the land -disturbing (� activity shall install such sedimentation and erosion control devices and practices as U are sufficient to retain the sediment generated by the land -disturbing activity within the boundaries of the tract during construction upon and development of said tract, and shall plant or otherwise provide a permanent ground cover sufficient to restrain erosion after completion of construction or development. Except as provided in Sec. .[7-8(b)(5)], provisions for a ground cover sufficient to restrain erosion must be accomplished within 30 working days or 120 calendar days following completion of construction or development whichever period is shorter. D. Prior Plan Approval U No person shall initiate any land -disturbing activity on a tract if more than one acre is to be uncovered unless, thirty or more days prior to initiating the activity, an erosion and sedimentation control plan for such activity is filed with and approved by the �] [INSERT OFFICIAL]. - 0 1102-6 Design and Performance Standards a A. Except as provided in Sec. ? [7-8(b) (2)], erosion and sedimentation control measures, structures, and devices shall be so planned, designed, and constructed as to provide protection from the calculated maximum peak of runoff from the ten-year storm. Runoff rates shall be calculated using the procedures in USDA, Soil Conservation Service's "National Engineering Field Manual for Conservation D Practices", or other acceptable calculation procedures. B. In High Quality Water (HQW) zones, the following design standards shall apply. U 1. Uncovered areas in HQW zones shall be limited at any time to a maximum total area within the boundaries of the tract of 20 acres. Only the portion of the land- disturbing activity within a HQW zone shall be governed by this section. Larger U areas may be uncovered within the boundaries of the tract with the written approval of the Director. 2. Erosion and sedimentation control measures, structures, and devices within HQW zones shall be so planned, designed and constructed to provide protection from the run off of the 25-year storm which produces the maximum a peak rate of run off as calculated according to procedures in the United States Department of Agriculture Soil Conservation Service's "National Engineering Field Manual for Conservation Practices" or according to procedures adopted by any other agency of this state or the United States or any generally recognized organization or association. 3. Sediment basins within HQW zones shall be designed and constructed such that the basin will have a settling efficiency of at least 70% for the 40 micron (0.04 mm) size soil particle transported into the basin by the runoff of that two-year (� storm which produces the maximum peak rate of run off as calculated according A K to procedures in the United States Department of Agriculture Soil Conservation Services "National Engineering Field Manual for Conservation Practices" or ..n ........... ...........................................••-----...--•---...........---..............---... tit Wilmington/New Hanover County 200r (December 6, 1996 Draft) Unified Development Ordinance ...Article XI Environmental Re ulations ........ ... ...................................••---......................-•-••.............................. Sec. 1102/Erosion and Sedimentation Control according to procedures adopted by any other agency of this state or the United nStates or any generally recognized organization or association. 4J 4. Newly constructed open channels in HQW zones shall be designed and constructed with side slopes no steeper than three horizontal to one vertical if a a vegetative cover is used for stabilization unless soil conditions permit a steeper slope or where the slopes are stabilized by using mechanical devices, structural devices, or other acceptable ditch liners. In any event, the angle for side slopes shall be sufficient to restrain accelerated erosion. 5. Ground cover sufficient to restrain erosion must be provided for any portion of a land -disturbing activity in a HQW zone within 15 working days or 60 calendar days following completion of construction or development, whichever period is shorter. a1102-7 Storm Water Outlet Protection A. Velocity aPersons shall conduct land -disturbing activity so that the post construction velocity of the ten-year storm run off in the receiving watercourse to the discharge point does n not exceed the greater of U 1. the velocity esta is ed-by the table -in -Paragraph (d)-of-thisSection;-or 2. the velocity of the ten-year storm run off in the receiving watercourse prior to a- development. If conditions (1) or (2) of this Paragraph cannot be met, then the receiving watercourse to and including the discharge point shall be designed and constructed to withstand the expected velocity anywhere the velocity exceeds the "prior to development" velocity by 10%. B. Acceptable Management Measures Measures applied alone or in combination to satisfy the intent of this section are acceptable if there are no objectionable secondary consequences. The Commission recognizes that the management of stormwater runoff to minimize or control downstream channel and bank erosion is a developing technology. Innovative techniques and ideas will be considered and may be used when shown to have the potential to produce successful results. Some alternative are to: 1. avoid increases in surface runoff volume and velocity by including measures to promote infiltration to compensate for increased runoff from areas rendered impervious. 2. avoid increases in stormwater discharge velocities by using vegetated or roughened swales and waterways in lieu of closed drains and high velocity paved sections. 3. provide energy dissipators at outlets of storm drainage facilities to reduce flowA.�,�` velocities to the point of discharge. Tese may range from simple rip -rapped "� U sections to complex structures. ---•----.....-•--••.......................••.....-•••........... __ _.` ... -� I, J . � Wilmington/New Hanover County_>" (� Unified Development Ordinance (December 6, 1996 ff) 201 U . Article XI/Environmental Regulations .......................................................... .................................................................................... Sec. 1102/Erosion and Sedimentation Control 4. protect watercourses subject to accelerated erosion by improving cross sections or providing erosion resistant lining C. Exceptions This rule shall not apply where it can be demonstrated that stormwater discharge velocities will not create an erosion problem in the receiving watercourse. D. Table of Maximum Stormwater Velocities The following maximum stormwater discharge velocities shall_apply: _ :.. % Material :.....:. .::.... _ ...;::;;::>:::»:>:.:.::. F.PS ;>_>'`::: .... _ MPS,:.. Fine sand noncolloid 2.5 0.8 Sandy loam noncolloid 2.5 0.8 Silt loam noncolloid 3.0 0.9 Ordinary firm loam 3.5 1.1 Fine gravel 5.0 1.5 Stiff clay (very colloid 5.0 1.5 Graded, loam to cobbles noncolloidal 5.0 1.5 Graded, silt to cobbles colloid 5.5 1.7 Alluvial silts noncolloid 3.5 1.1 Alluvial silts colloid 5.0 1.5 Coarse gravel noncolloid 6.0 1.8 Cobbles and shingles 5.5 1.7 Shales and hard pans 6.0 1.8 Source: Adapted from recommendations by Special Committee on Irrigation Research, American Society of Civil Engineers, 1926, for channels with straight alignment. For sinuous channels, multiply allowable velocity by 0.95 for slightly sinuous, by 0.9 for moderately sinuous channels, and by 0.8 for highly sinuous channels. 1102-8 Borrow and Waste Areas When the person conducting the land -disturbing activity is also the person conducting the borrow or waste disposal activity, areas from which borrow is obtained and which are not regulated by the provisions of the Mining Act of 1971, and waste areas for surplus materials other than landfills regulated by the Department's Division of Solid Waste Management shall be considered as part of the land -disturbing activity where the borrow material is being used or from which the waste material originated. When the person conducting the land -disturbing activity is not the person obtaining the borrow or disposing of the waste, these areas shall be considered a separate land -disturbing activity. 1102-8 Access and Haul Roads Temporary access and haul roads, other than public roads, constructed or used in �a connection with any land -disturbing activity shall be considered a part of such activity. z ......................................................... p,.Ap 202 Jwp IDecember 6, 1996 Draft) ..•••••••••--.................. ••-•.......................................... UWilmington/New Hanover County Unified Development Ordinance Article XI/Environmental Regulations O Sec. 1102/Erosion and Sedimentation Control 1102-10 Operations in Lakes, Natural Watercourses Land -disturbing activity in connection with construction in, on, over, or under a lake or natural watercourse shall be planned and conducted in such a manner as to minimize the extent and duration of disturbance of the stream channel. The relocation of a stream, where relocation is an essential part of the proposed activity, shall be planned and executed so as to minimize changes in the stream flow characteristics, except when justification for significant alteration to flow characteristics is provided. 1102-11 Responsibility for Maintenance During the development of a site, the person conducting the land -disturbing activity shall install and maintain all temporary and permanent erosion and sedimentation control n measures as required by the approved plan or any provision of the regulations of this usection, the Act, or any order adopted pursuant to the regulations of this section or the Act. After site development, the land owner or person in possession or control of the land shall install or maintain all necessary permanent erosion and sediment control measures, except those measures installed within a road of street right-of-way or easement accepted for maintenance by a governmental agency. IF 1102-12 Restoration of Areas Affected by Failure to Comply [INSERT OFFICIAL] may require a person who engaged in a land -disturbing activity and failed to retain sediment generated by the activity, as required by G.S,113A-57(3), to restore the waters and land affected by the failure so as to minimize the detrimental a ell` cts of the resultingpollution-by-sedimentation. This authority is in addition to any other civil or criminal penalty or injunctive relief authorized under this UDO. 1102-13 Additional Measures Whenever the [INSERT OFFICIAL] determines that significant sedimentation is occurring as a result of land -disturbing activity, despite application and maintenance of protective practices, the person conducting the land -disturbing activity will be required to and shall take additional protective action. 1102-14 Areas Not Otherwise Cohered Notwithstanding previous provisions, when it is determined that severe off -site erosion or sedimentation occur as a result of any land -disturbing activity, regardless of the size of the site, remedial action shall be taken within a reasonable time period after notification. Notification of violation shall be submitted in writing by the [INSERT OFFICIAL] and receipted by the owner or agent responsible for the damage. All erosion control regulations of this section shall be applicable if Section 7-15 is violated, except for the need of a permit, regardless of the size of the site. 1102-15 Existing Uncovered Areas A. All uncovered areas existing on the [?INSERT EFFECTIVE DATE] which resulted from land -disturbing activity, exceed -one acre, are subject to continued accelerated erosion, and are causing off -site damage from sedimentation, shall be provided with a ground cover or other protective measures, structures, or devices sufficient to t l restrain accelerated erosion and control off -site sedimentation., B. The [INSERT OFFICIAL] will serve upon the landowner or other person i --------------------•-----.....----.....---...........---.....-----....---.....-----------...---.................-------- ..... .... �µ VViImington/New Hanover County ` Unified Development Ordinance (December 6, 6f) 203 Article XI/Environmental Re6ulatigyq .......................................................... ....................................................................................................... - Sec. I IO2/Erosion and Sedimentation Control possession or control of the land a written notice of violation by registered or certified mail, return receipt requested, or other means reasonably calculated to give actual notice. The notice will set forth the measures needed to comply and will state the time within which such measures must be completed. In determining the measures required and the time allowed for compliance, the authority serving notice shall take into consideration the economic feasibility, technology, and quantity of work required, and shall set reasonable and attainable time limits of compliance. C. The [INSERT OFFICIAL] may require preparation and approval of an erosion control plan in any instance where extensive control measures are required. D. This rule shall not require ground cover on cleared land forming the future basin of a planned reservoir. 1102-16 Permits A. No person shall undertake any land -disturbing activity subject to the regulations of this section without first obtaining a permit therefore from the [INSERT OFFICIAL], except that no permit shall be required for any of the following land - disturbing activities: 1. for the purpose of fighting fires; or' 2. for the stock piling of raw or processed sand, stone, or gravel in material processing plants and storage yards, provided that sediment control measures have been utilized to protect against off -site damage; or 3.. that does not exceed 43,560 square feet in surface area. In determining the area, lands under one or diverse ownership being developed as a unit will be aggregated. Development of any portion of a unit, where the unit exceeds an acre, will require a permit regardless of the size of the portion. If activity begins on a portion of said unit without a permit, the development will be in violation of this UDO. 4. Phased development information must be filed with the Engineering Department prior to construction on a site that has a potential to exceed an acre in the future, but is not disturbing an acre presently. This agreement will state that if any additional activity proceeds on site in the future a permit will be applied for if the total of the site work is an acre. All past and future site work will be included in this acreage total. (NOTE: THIS EXCLUSION FROM PERMITS SHOULD ALLOW LAND -DISTURBING ACTIVITIES FOR CONSTRUCTION OF A SINGLE FAMILY RESIDENCE ON A SINGLE LOT, BUT MAY NOT EXCEED ONE ACRE. REGARDLESS OF THE SIZE OF THE SITE, EROSION MUST BE CONTAINED ON THE SITE OR REMEDIAL ACTION SHALL BE TAKEN.) I II I 0 i I I I I I 1] 0 ... ........ ... ._ ---A--rticle XI/Environmental Re u...l.a..tions ---------- ........ (b) �Rve eounty has established die fbilowiT Late schedule fOL thl- pCrAllit fee.' Sec. 1102/Erosion and Sedimentation Control iM.ff. ISE. W, F.T a . :... .: .: C. Permits will expire one year from the date of issue if no construction activity begins on site. If activity ceases on a permitted site for a period of 12 months, the permit will expire. Expired permits must be reactivated by contacting the Engineering Department at any time prior to work on the site. Permits may not be amended or transferred to another party without approval from the Engineering Department. 1102-17 Erosion and Sedimentation Control Plans _An erosion control plan shall be prepared for all land -disturbing activities subject to the regulations of this section w ea proposed -activity -is -to -be undertaken -on a tract comprising more than one acre, if more than one acre is to be uncovered. B. The plan shall be filed with the [INSERT OFFICIAL], the New Hanover Soil and Water Conservation District, and for areas outside municipal corporate limits, the [INSERT OFFICIAL] at least 30 days prior to the commencement of the proposed activity. C: Persons conducting land -disturbing activity on a tract which covers one or more acres shall file three copies of the erosion control plan with the [INSERT OFFICIAL] at least 30 days prior to beginning such activity and shall keep another copy of the plan on file at the job site. A fourth plan is required if this activity is to take place inside the City limits. After approving the plan, if the [INSERT OFFICIAL] either upon review of such plan or on inspection of the job site, determines that a significant risk of accelerated erosion or off -site sedimentation exists, the [INSERT OFFICIAL] will require a revised plan. Pending the preparation of the revised plan, work shall cease or shall continue under conditions outlined by the appropriate authority. D. Erosion control plans may be disapproved unless accompanied by an authorized statement of financial responsibility and ownership. This statement shall be signed by the person financially responsible for the land -disturbing activity or his attorney in fact. The statement shall include the mailing and street addresses of the principal place of business of the person financially responsible and of the owner of the land or their registered agents. If the person financially responsible is not a resident of North Carolina, a North Carolina agent must be designated in the statement for the purpose; " of receiving Notice of Compliance or Non -Compliance with the plan, the Act, th regulations of this section, or rules or orders adopted or issued pursuant to ...................................................................................................................................... ..Yt�. ............:)...... Wilmington/New Hanover County ;b , Unified Development Ordinance (December 6, i6 iafi) 205 Article XI/Environmental Regulations Sec. 1102/Erosion and Sedimentation Controi regulations of this section. E. The New Hanover Soil and Water Conservation District and the [INSERT OFFICIAL] within 20 days of receipt of any plan, or within such additional time as may be prescribed by the [INSERT OFFICIAL] shall review such plan and submit its comments and recommendations to the [INSERT OFFICIAL]. Failure of the Soil and Water Conservation District and the [INSERT OFFICIAL] to submit its comments and recommendations within 20 days or within the prescribed additional time will not delay final action on the plan. F. The [INSERT OFFICIAL] will review each complete plan submitted to them and within 30 days of receipt thereof will notify the person submitting the plan that it has been approved, approved with modifications, approved with performance reservations, or disapproved. Failure to approve, approve with modifications, or disapprove a complete erosion and sedimentation control plan within 30 days of receipt shall be deemed approval. Disapproval of a plan must specifically state in writing the reasons for disapproval. The [INSERT OFFICIAL] must approve, approve with modifications, or disapprove a revised plan within 15 days of receipt, or it is deemed to be approved. If, following commencement of a land - disturbing activity pursuant to an approved plan, the [INSERT OFFICIAL] determines that the plan in inadequate to meet the requirements of the regulations of this section, the (INSERT OFFICIAL] may require any revision that is necessary to comply with the regulations of this section. Failure to approve, approve with modifications, or disapprove a revised erosion control plan with 15 days of receipt shall be deemed approval of the plan. The [INSERT OFFICIAL] may establish an expiration date for erosion control plans approved under the regulations of this section. G. Any plan submitted for a land -disturbing activity for which an environmental document is required by the North Carolina Environmental Policy Act (G.S. 113A-1, et seq.) shall be deemed incomplete until a complete environmental document is available for review. The [INSERT OFFICIAL] shall promptly notify the person submitting the plan that the 30-day time limit for review of the plan pursuant to Sec. [7-18(e)] shall not begin until a complete environmental document is available for review. H. The plan required by this section shall contain architectural and engineering drawings, maps, assumptions, calculations, and narrative statements as needed to adequately describe the proposed development of the tract and the measures planned to comply with the requirements of this section. Plan content may vary to meet the needs of specific site requirements. Detailed guidelines for plan preparation may be obtained from the [INSERT OFFICIAL], on request. I. An erosion control plan may be disapproved upon a finding that an applicant, or a parent, subsidiary, or other affiliate of the applicant: 1. is conducting or has conducted land -disturbing activity without an approved plan, or has received notice of violation of a plan previously approved by the ��b Commission or a local government pursuant to the Act and has not complied with the notice within the time specified in the notice; .ti ` . ; ` �s-----•-••.........................•----.......------••----....------...-------•-------.....----------------•----...............---.........................--........ 1 > Wilmington/New Hanover County 206''> CIDecemher 6, 1996 Draft) Unified Development Ordinance I I V i I I I I 0 I I I ''' 0 Article XI/Environmental- Regulations Sec. 1102/Erosion and Sedimentation Control a2. has failed to pay a civil penalty assessed pursuant to the Act or a local ordinance adopted pursuant to the Act by the time the payment is due; 3. has been convicted of a misdemeanor pursuant to G.S. 113A-64(b) of any criminal provision of a local ordinance adopted pursuant to the Act or, a 4. has failed to substantially comply with State rules or local ordinances and regulations adopted pursuant to the Act. For purposes of this subsection, an applicant's record may be considered for only the two years prior to the application date. J. Applications for amendment of an erosion control plan in written or graphic form may be made at any time under the same conditions as the original application. Until such time as said amendment is approved by the [INSERT OFFICIAL], the land - disturbing activity shall not proceed except in accordance with the erosion control ., plan as originally approved. Any. previously permitted site that requires additional work no matter what size, must submit an amended erosion control plan for approvalprior to any changes on site. a K. An person engaged in land -disturbing activity who fails to file a plan in accordance Y with the ordinance or who conducts a land -disturbing activity except in accordance with provisions of an approved plan shall be deemed in violation of the ordinance. 1102-18 Appeals A. Except as provided in Sec. ? [?] the appeal of a disapproval or approval with modifications of a plan shall be governed by the following provisions: 1. The disapproval or modification of any proposed erosion control plan by the [INSERT OFFICIAL] shall entitle the person submitting the plan to a public a hearing if such person submits written demand -for a hearing within 15 days after receipt of written notice of disapproval or modifications. a 2. Hearings held pursuant to this section shall be conducted by the [INSERT OFFICIAL] within ten days after the date of the appeal or request for a hearing. 3. . The [INSERT OFFICIAL] shall make recommendations to the Governing Body within ten days after the date of the hearing on any erosion control plan. 4. The Governing Body will render its final decision on any erosion control plan upon which a hearing is requested within 30 days of conducting the hearings. 5. If the Governing Body upholds the disapproval or modification of a proposed a soil erosion and sedimentation control plan following the hearing, the person submitting the plan shall then be entitled to appeal the decision to the North Carolina Sedimentation Control Commission as provided in Section 113A-61(c) of the General Statutes and Title 15 NCAC 4B.0018(b). Al B. In the event that an erosion control plan is disapproved pursuant to Sec. 18� P PP P �- �r � �,,V (j the [INSERT OFFICIAL] shall notify the Director of the Division of Land �-i LJ-----------------------------------------------------•------.......------------------...........---....................----.......... ,�...... Wilmington/New Hanover County;`, Unified Development Ordinance (December 6, T6 [3a) 207 Article XI/Environmental Regulations Sec. 1102/Eroslon and Sedimentation Control Resources of such disapproval within ten days. The [INSERT OFFICIAL] shall advise the applicant and the [INSERT.OFFICIAL] in writing as to the specific reasons that the plan was disapproved. The applicant may appeal the [INSERT OFFICIAL] disapproval of the plan pursuant to Sec. [7-18 (h)] directly to the Commission. 1102.10 Inspections and Investigations A. Agents and officials, or other qualified persons authorized by the [INSERT OFFICIAL], will periodically inspect the sites of land -disturbing activity to ensure compliance with the Act, the regulations of this section, or rules or orders adopted or issued pursuant to the regulations of this section, and to determine whether the activity is being conducted in accordance with an approved plan and whether the measures required in the plan are effective in controlling erosion and sediment resulting from land -disturbing activity. Notice of the right to inspect shall be included in the notification of plan approval. B. If, through inspection, it is determined that a person engaged in land -disturbing activity has failed to comply with the Act, the regulations of this section, or rules or orders adopted or issued pursuant to the regulations of this section, or has failed to comply with an approved plan, a notice of violation shall be served upon that person by registered or certified mail or other means reasonably calculated to give actual notice. The notice shall set forth the measures necessary to achieve compliance with the plan, specify a reasonable time period within which such measures must be completed, and warn that failure to correct the violation within the time period will result in the assessment of a civil penalty or other enforcement action. However, no time period for compliance need be given for failure to submit an erosion control plan for approval or for obstructing, hampering or interfering with an authorized representative while in the process of carrying out his official duties. If the person engaged in land -disturbing activity fails to comply within the time specified, enforcement action shall be initiated. C. The [INSERT OFFICIAL], shall have the power to conduct such investigations as it may reasonably deem necessary to carry out its duties as prescribed in this section, and for this purpose to enter at reasonable times upon any property, public or private, for the purpose of investigating and inspecting the sites of any land - disturbing activity. No person shall refuse entry or access to any authorized representative or agent who requests entry- for purposes of inspection, and who presents appropriate credentials, nor shall any person obstruct, hamper, or interfere with any such representative while in the process of carrying out his official duties. D. The [INSERT OFFICIAL] shall also have the power to require written statements, or the filing of reports under oath, with respect to pertinent questions relating to land -disturbing activity. dk Yk Av w k f artp-vi . . ..... ------------------------------------- ----------- -•------- 208 r p O(December 6, 1996 Draft) • • • • . • . •••_._...._.•--•••••••••••••••-----•----- Wilmington/New Hanover County Unified Development Ordinance I 0 I 0 I 0 III 0 IF, I I I I I I�II Article XI/Environmental Regulations Sec.:1102/Erosion and Sedimentation Control • r 1 • • ■ • • , ■ • • ■ I • • • .1 • • • , • • • • • • • • • .1 1 • • • • • • vr ■ • • W. • o its • • ol ks,A-PkI•) 6 MR9141K.1 • • • • • • • • . • • • • • • It011 19KIN I a. to MIN 014,141M.1 • • • tw)oawj 11191•' •n •• Y • • r ■ • • • • • • .1 .Ir • • • • • • r • • I • .II Y e< ........................................................................... 210 y� December 6. 1996 Draft) Wilmington/New Hanover County Unified Development Ordinance D 0 0 0 � I I I I 7 y u 11, n Article IM/ Signs Sec. 1201/ General 1201-1 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 and in to achieve the following. public, part, A. Safety To promote the safety of persons and property by providing that signs: 6. Do not create a hazard due to collapse, fire, decay, collision, or abandonment; 7. Do not obstruct fire -fighting or police surveillance; and 8. 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 C� 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 said messages, according to the observers 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 Outdoor advertising signs are herein regulated for the purposes of regulating excess f I signage, encouraging the positive economic development of the County, preserving and improving tourism views, promoting the safety of the traveling public, proteGtt�tig existing property values in both residential and nonresidential areas, preventing `t kt. `V Wilmington/New Hanover County211 .............................................................•----...........�.=�•-•-� r=----- Unified Development Ordinance (December 6, 1`6 Qua) Article X1...... lnsfl ............................ Sec. 1201 /General overcrowding of land, and protecting the aesthetics of the County. 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. 1201-2 Exemptions U This section shall not relate to building design, nor shall the chapter regulate official traffic signs, gravestones, lighting or displays of a seasonal religious or traditional nature (e.g., Christmas or Chanukah lights or decorations, Thanksgiving decorations, Halloween lights or decorations, etc.) which are not commercially -oriented, scoreboards on athletic fields, or any display or construction not defined herein as a sign. The regulations of this section shall not apply to any sign that is not visible anywhere beyond the boundary lines of the lot on which it is located. 1201-3 Use of the Term "Sign" Unless specifically indicated or defined otherwise, the word "sign," when used in this tJ article, refers to an on -premise sign. 1201-4 Permits Required Unless otherwise specifically provided, a sign permit shall be obtained in accordance with the procedures of Sec. ? before commencing the construction, alteration, erection, addition to, change of copy, or moving of any sign or outdoor advertising sign or part u thereof. 1201-5 Indemnification and Insurance 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 City and County, its officers, agents, and employees, against any and all claims of negligence resulting from such work insofar as this UDO has not specifically directed the placement of a sign. No person may engage in the business of erecting, altering, relocating, constructing, or maintaining signs without a valid contractors license and all required licenses on the state and federal level. 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 one hundred thousand dollars ($100,000.00). 1201-6 Freedom of Expression for Non -Commercial Messages E. Notwithstanding any other provision of this article, it shall be permissible to place on a . Ili � any lot, with the permission of the owner or person in possession of such premises, "k one (1) sign not to exceed twelve (12) square feet in sign area, that contains a noncommercial message. No sign permit shall be required to erect such signs .—bat c: A1 ---.......................................................•--...----- ... ,. ��0 Wilmington/New Hanover County 0 212 z (December 6, 1996 Draft) Unified Development Ordinance Article XII/Signs Sec.1201/General , F. . an other rovision of this article non-commercial c may be y P � copy Y substituted for commercial copy or other non-commercial copy on any sign that is permissible under this article. Seca 1202/ 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 [INSERT OFFICIAL], may be removed immediately, otherwise, prohibited signs shall be removed as provided under Sec. ?. 1202-1 Signs in Public Right -of -Way No sign shall be permitted on or protrude into a public right-of-way, street or passageway Dexcept as provided specifically for herein. 1202-2 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, barricade, temporary walk, telephone pole, telegraph pole, electric light pole or other n — utility pole, public fence or on a fixture of a fire alarm or police call system within any public-right-of-waq. No detached sign shall be located closer than ten (10) feet in any direction from any power or transmission lin` e: (NOTE: This does -not include the r, supporting structure, e.g., the power pole) 1202-3 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 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 Section 136-32.2 of the General Statutes of North Carolina that would obstruct or resemble traffic signs or signals, or would tend to be confused with a flashing light of an emergency vehicle. 1202-4 Signs Constituting Fire Hazards No sign shall be permitted to prevent free ingress and egress from any door, window or fire escape. 1202-5 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 UDO 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, 1981 Edition; the word "goddamn" is also specifically prohibited for use in signs. 1202-6 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£k as specifically provided herein.,, y yY ................9_. ............................................................................_........................................................,,.,.y�...... , .:�...... Wilmington/New ton/New Hanover County Unified Development Ordinance (December 6, 6 Qtflff) 213 ArticleXII/SiSns................................................................. ........... ......................................................................................... Sec. 1202/Prohibited Signs 1202.7 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. 1202-8 Signs on Vehicles No sign shall be placed on a vehicle or trailer which is parked or located for the primary purpose of displaying said 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). Sec. 1203/ Signs Not Requiring Permits The following types of signs are exempted from the sign permit requirements of Sec. ? but must be in conformance with all other requirements of this UDO. 1203-1. Signs used by churches, synagogues, or civic organizations. 1203-2. Construction signs. 1203-3. Directional/Information signs of four (4) square feet or less. 1203-4. Individual political signs, 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 said signs will be advised of these regulations and ordered to follow them, and that said signs shall be removed as required by these regulations. 1203-5. Nameplates of four (4) square feet or less. 1203-6. Public signs or notices or any sign relating to an emergency. 1203-7. Real estate signs. 1203-8. Incidental signs. 1203-9. Residence signs or street address numbers, not exceeding four (4) square feet in size. 1203-10. Signs used for bona fide navigational aids. 1203-11. Flags. Sec. 1204/ Maintenance Should any sign become in danger of falling or is deemed otherwise unsafe in the opinion of the [INSERT OFFICIAL], the owner thereof, or the person or firm maintaining the same, shall upon written notice from the [INSERT OFFICIAL], forthwith in the case of immediate danger and in any case within ten (10) days, secure said sign in a manner to be approved by the [INSERT OFFICIAL] in conformity with the provisions of the state building code, or remove such sign. If such sign is not removed by the owner, the [INSERT OFFICIAL] or his designated agent may initiate legal procedures to obtain the necessary court orders to remove such signs at the expense of the owner or lessee thereof. Sec. 1205/ 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 sixty (60) days after such business or activity has been vacated or terminated. If such sign has not been removed after the removal time has expired and after proper written notification ��yyx has been issued, the [INSERT OFFICIAL] or his designated agent may initiate legal procedures to iremove such signs at the expense of the owner or lessee thereof 214 y up December 6, 1996 Draft) .............................................................................. Wilmington/New Hanover County Unified Development Ordinance ....................................................................... Article XII/Slans ............................................................................................... Sec. 1206/Sign Measurements Sec. 1206/ Sign Measurements 12011-1 Cireueral For the purpose of this UDO, the area, in square feet, of any sign shall be computed by the smallest square, triangle, rectangle, circle or combination thereof which will n encompass the entire sign. In computing the sign area in square feet, standard �J 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. 1208-2 Multiple Faces Where a sign has two (2) or more faces, the area of all faces shall be included in determining the area of the sign, except that where two (2) such faces are placed back-to- back and are at no point more than two (2) feet from one another. The area of the sign shall be taken as the area of the larger face if the two (2) 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. Sec. 1207/ Lighting Unless otherwise specified by this UDO, all signs may be illuminated. However, no sign regulated by this UDO may utilize: (1) an exposed incandescent lamp with an external reflector without a sunscreen n or comparable diffusion; (2) an exposed incandescent lamp unless a screen is attached; or (3) a revolving Sec. 1208/ On -Premise Sign Regulations (bp Zoning District) 1208-1 Signs Permitted in All Districts The following signs are allowed in all districts. previously (Ifisturic Bistric� Front Street?vHl, and 6entral Business District), A. Construction Signs One (1) construction sign for each street frontage of a construction project, not to exceed twenty (20) square feet in sign area in residential zones or thirty-five (35) square feet in sign area in all other zones. Such signs may be erected ten (10) days prior to beginning of construction and shall be removed within thirty (30) days following completion of construction. B. Real Estate Signs Two (2) "non -illuminated real estate signs per lot or premises, not to exceed twenty (20) square feet in sign area. Such signs must be removed thirty (30) days following rental, sale, or lease. C. Nameplates One (1) attached nameplate per occupancy, not to exceed four (4) square feet in sign area. D. Political Signs Non -illuminated political signs, not to individually exceed twelve (12) square feet inMIX sign area. Such signs shall be removed thirty (30) days following the applicable x, . election or referendum. Political signs may be placed only on private property364. ------------------�. -------------------------- ......... -..-------------- .... Wilmington/New Hanover County''' ,AN •� � Unified Development Ordinance (December 6, 1'06 Draft) 215 Article XII/SiSns.................................... Sec. 1208/On-Premise Sign Regulations (By Zoning District) only with the permission of the property owner. E. DirectionaVInformation Signs Four (4) freestanding directional/information sign(s) per lot, not to individually exceed three (3) square feet in sign area or thirty (30) inches in height. 1208-2 Signs Permitted in Residential Districts A. General Regulations Signs are allowed as follows[1]in residential districts R-A, R-20S, R-20, R-15, R-10, R-7, R-5, R-3, MT -I, MF-M, MF-H, and AMP: 1. ? All signs permitted in Sec. ? [11024, Signs Permitted in All Districts]. 2. Subdivision Identification Signs. One (1) subdivision identification sign per entrance, not to exceed thirty-five (35) square feet in sign area. Identification signs may be located on walls provided such walls do not exceed four (4) feet in height and seventy-five (75) square feet in area. 3. Identification Signs One (1) identification sign per apartment or condominium complex entrance, not to exceed thirty-five (35) square feet in sign area. Identification signs may be located on walls provided such walls do not exceed four (4) feet in height and seventy-five (75) square feet in area. 4. Freestanding Signs For permitted non-residential uses, including churches and synagogues, one freestanding sign per frontage, not exceeding thirty-five (35) square feet in sign area, and one (1) marquee sign not to exceed twenty-five (25) square feet in sign area. B. Special Regulations Special regulations for residential districts are as follows: 1. Freestanding Signs All permitted freestanding signs shall have a maximum height limit of six (6) feet and shall have a minimum setback of five (5) 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. 1#s `' �ct)t?<ei~ rricut text;<r::Istcirstr�s::cd: Isb::..< Note: In that portion of the R-7 District located in the Historic District -Residential Overlay, commonly At. referred to as Carolina Heights, a certificate of appropriateness shall be obtained from the Historic «,District Commission or the commission staff prior.to the issuance of a sign permit. The certificate of propriateness shall be required whether or not a sign permit is required. The boundaries of the �4 ,uric District Overlay shall be determined from maps or files in the ?. %P Wilmington/New Hanover County 216n p -(December 6, 1996 Draft) Unified Development Ordinance I 0 I � I I I I I I Article XII/Si ns ............................................. .......................................... ..... Sec.1208/On-Premise Sign Regulations (By Zoning District 2. Bed and Breakfast Uses Bed and breakfast uses may erect on -premise attached or freestanding signs subject to the following restrictions: a. . Number of Signs: Any premises may erect either one (1) attached or one (1) freestanding sign. b. Area: Attached or freestanding signs shall not exceed four (4) square feet in area. c. Setback: A minimum setback of five (5) feet from any property line is required for all freestanding signs. d. Height: Freestanding signs shall be mounted so that in no case shall they exceed six (6) feet in height. e. All wall signs shall be mounted flat against the wall of the principal 1. building. a1208-3 Signs Permitted in Commercial, Office and Industrial Districts A. General Regulations Signs are allowed as follows in commercial, office and industrial districts NB, RB, O&I, CS, LM and HM: I 111 1 ? All signs as permitte in ections [17U2--4—All-Districts-and-1102-5,, Residential Districts] 2. Freestanding Signs One (1) primary freestanding sign per premises, as per Table ? of this article. Auxiliary freestanding signs shall be allowed as per Table ?. 3. Wall Signs Up to five (5) wall signs per occupancy, in aggregate not to exceed twenty (20) per cent of the area of the wall to which the signs are attached, up to a maximum size of two hundred fifty (250) square feet per each occupancy. 4. Under -Canopy Signs One (1) under -canopy sign per occupancy, not to exceed four (4) square feet in sign area. S. Incidental Signs Incidental signs, not to exceed six (6) square feet in aggregate sign area per occupancy. B. Special Regulations Special regulations and allowances for commercial and office districts are as follows: 1. Corner Lots Where an occupancy is on a comer or has more than one main street frontage, additional wall sign(s) and additional freestanding sign(s) are allowed on then - additional frontage(s), not to exceed the number and size limitations of otl�e:ell ......................................... ......,ti.. ..... Wilmington/New Hanover County sYM1 Unified Development Ordinance (December 6, 106 Dt af) 217 Article XI1/Si.ns.............................................. Sec. 1208/0n-Premise Sign Regulations (By Zoning District) allowed wall and freestanding signs. 2. Minimum Clearance All freestanding, awning, marquee, and under -canopy signs shall have a minimum clearance of nine (9) feet over any pedestrian use area. 3. Awning Signs Three (3) awning signs per occupancy, not to exceed twenty (20) per cent of the surface area of an awning. 4. Multi -Unit Signs Multi -unit signs consist of three (3) 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 [INSERT OFFICIAL]. Individual commercial logos arepern- tted on multi -unit signs so long as they do not constitute more than twenty-five (25) per cent of the area -of the applicable individual occupancy identification sign. Table ? Freestanding Sign Standards Front .: Max. Zoning Number Street Setback(3)(4) Prune ry Aux. Sign Primary Aux District {1) of Frontage (Min jMax) Sign Height Sign Sign Lanes(2) (Feet) {Feet):: Height (Feet) Aarea Ares F O&I 2 N/A 5/15 12 10 35 20 4 < 100 10/20 12 N/A 35 N/A > 100 10/20 20 10 50 25 NB 2 N/A 10/20 20 10 50 25 4 < 100 10/20 20 N/A 50 N/A > 100 10/20 20 12 65 32 RB, CS, LM 2 < 100 10/20 20 N/A 65 N/A and HM > 100 10/25 20 18 100 50 4 < 100 10/25 20 N/A .100 N/A > 100 10/30 . 25 20 150 75 > 300 '10/30 30 20 175 90 NOTE (1): For Historic Districts, Front Street Mall, Central Business District and residential districts, see specific sections for area, height, number, setback, location, permitting and other sign requirements. NOTE (2): Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans approved as part of either the Spring, 1987 Thoroughfare Bond Referendum or the current NC DOT Transportation Improvement Program. A. O�y.k NOTE (3): Notwithstanding the minimum and maximum front setback requirements indicated above, `rmary freestanding signs which do not exceed six (6) feet in height and are less than 76% of the t.:...... ., y5 ------------------------------------- �^ Wilmington/New Hanover County 218 ' 0 ' 4'December 6, 1996 Draft Unified Development Ordinance II 11 0 0 I I .............................................................................. Article XII/Signs Sec.1208/On-Premise Sign Regulations (By Zoning District maximum sign area established above may be located within five (5) feet of the front property line and shall have no maximum front setback. NOTE (4): "Front Setback" refers to the setback from the front or comer side property line(s). Table ? Permitted and Prohibited Si :: ; :::::>::;::.>::::.;:::::::::::;::::< :::..::..:.::.:.. Zoain Iiistrict . .:;.:: S�TYP.;::_'» SFRes..MFRes.. ,.HIS . CBD O8cI NB RB CS IM ..: . :. . .HM Above Roof X X X X X X X X X X Animated X X X X X X X X X X Attached al X X P P P P P P P P Awning X X P P P P P P X X Banner X P P P P P P P P P Balloons/Blim p s X X X P P P P P P P Construction P P P P P P P P P P Directional P P P P P- P P P P P Flag P P P P P P P P P P Flashing- X X X X X X X X X Freestanding P P P P P P P P P P Incidental X X P P P P- P P P P Integral P P P P P P P P P P Pennant X X X X X X X X X X Political P P P P P P P P P P Portable X X X X X P P P P P Projecting X X P P X X X X X X Real Estate P P P P P P P P P P Revolving X X X X X X X X X X Sandwich Board X X X P X I X X X X X Spec. Purpose X X P P X X X X X X Wind Device X X X X X X X X X X Window X X P P X X X X I X X KEY. X Prohibited; P-Permitted; S-Requires Special Use Permit NOTE L• See specific sections for area, height, number, setback, location, permitting and other sign requirements. NOTE 2: For Front Street Mall permitted and prohibited signs, see CBD in above table. See for Sec. 1208-6 for specific Front Street Mall provisions. AI, NOTE 3: For HD-R permitted and prohibited signs, see HD in above table. See Sec. 120 15' for specific HD-R provisions.«''�P>A Wilmington/New Hanover County•------------------•-----....---.....----•---...............-----.......---•.� .�vr�=-...... 9 Unified Development Ordinance (December 6, 1 6 atal) 219 Article XII/SiBns............................................. Sec. 1208/0n-Premise Sign Regulations (By Zoning District) 1208-4 Signs Permitted in the Central Business District (CBD) A. Boundaries The boundaries of the Central Business District (CBD) shall be determined from maps on file in the ?. B. Directional Signs Directional signs not exceeding thirty (30) inches in height and not exceeding four (4) square feet in area which direct on -premises vehicular or pedestrian traffic and bearing no other identification or advertising matter shall not be limited in number. C. On -Premise Canopy or Awning Signs. Any principal building may erect on -premises canopy or awning signs provided: 1. There is no projecting sign on the principal building 2. The combined total area of such signs shall not exceed twenty (20) per cent of the aggregate area of the canopy or awning. 3. Signs which are attached below a canopy or awning shall not extend beyond the width of such canopy or awning, shall not be erected at a height of less than nine (9) feet above the sidewalk or pedestrian walkway and shall not exceed three (3) square feet in area. 4. Whenever applicable, sign permit applications for any sign encroaching the air space of city property, public right(s)-of-way or easement(s) shall be accompanied by a properly executed encroachment agreement. No applicable sign permit shall be issued until the agreement has been executed by the owner of the sign and the [INSERT OFFICIAL]. D. On -Premise 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 ten (10) per cent 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. E. Special Purpose Signs Any principal building may attach one (1) special purpose sign to the building facade or window provided that such sign shall not be displayed more than twelve (12) times in each calendar year for a maximum total of sixty (60) days per calendar year. F. Incidental Signs Any principal building may display incidental signs provided: 1. Such signs are flat mounted against the building, window or door. 2. Such signs shall not exceed a total area of two (2) square feet. :. .0 tVc.............................................................. iv 220 ' * (December 6, 1996 Draft) ........................................................................... Wilmington/New Hanover County Unified Development Ordinance .......................... ............... .......................................... Article XII/Si na Sec.1208/On-Prem..Re Ise Sign gulations (By Zoning District G. Revolving Signs Revolving signs are allowed only in conjunction with a barber shop. H. External Illumination External illumination; if used, shall not be blinking, fluctuating or moving. Light rays shall shine only upon the property within the premises and shall not spill over the property lines in any direction, except by indirect reflection. L Real Estate or Construction Signs Any premises or principal building may erect one (1) real estate or construction sign advertising specific property for sale, 'rent, lease, development or construction, located on the premises, provided: 1. Sale, rent or lease signs shall not exceed six (6) square feet in area. 2. Development or construction signs shall not exceed thirty-five (35) square feet in area. J. Freestanding Signs Any premises may display on -premises freestanding signs subject to the following restrictions: 1.—Number of Signs Any premises may erect one (1) freestahgsign per each7frontage. 2. Area Freestanding signs shall not exceed thirty-five (35) square feet in area except on Third and Market Streets where the freestanding signs shall not exceed sixty-five (65) square feet in area. 3. Setback A minimum setback of five (5) feet from any property line is required for all freestanding signs. 4. Height No freestanding sign shall exceed twelve (12) feet in height except signs located onThird Street and Market Street, which shall not exceed twenty (20) feet in height. " L Wall Signs Any principal building may display on -premises wall signs subject to the following restrictions: 1. One attached sign per each frontage shall be permitted 2. Any principal building may display on -premises wall signs provided: d. Such sign is mounted parallel to the building to which it is attached and projects no more than eighteen (18) inches from that building. e. Such signs shall not extend beyond the roof line of the building to which,& " is attached. ---------------------------•-----...---•-••-----------•--•--..................---...------...---..........----.............---... .... ... _� .. Wilmington/New Hanover County Al Unified Development Ordinance (December. 6, T96 Qtflff) 221 Article XII/Si$nsD ..................................................................... Sec. 1208/0n-Premise Sign Regulations (By Zoning District) f. The combined total area of such signs shall not exceed 20 per cent of the total area of the wall to which the sign is attached, not to exceed two hundred (200) square feet in total area. g. On -premises wall signs may be displayed on the side or rear of a building adjacent to an off-street parking area if the off-street parking area is thirty- three (33) feet or more in width. Such signs shall be subject to the same regulations as wall signs on the street side of the building. However, the side or rear of the building adjacent to the off-street parking area shall not be included when calculating the area allowable to wall signs on the street side. L. Projecting Signs Any principal building may display one (1) on -premises projecting sign, provided: 1. There is no detached sign on the premises. 2. Such sign may project horizontally a maximum of six (6) feet, but shall be setback at least two (2) feet from the back face of the curb or outer edge of the pavement where there is no curb. Setback distances for projecting signs which front on state roads must be approved by the North Carolina Department of Transportation. 3. Such signs shall be erected at a height of not less than nine (9) feet above the sidewalk or other pedestrian passageway. 4. Such sign shall not extend beyond the roof line of the building to which it is attached. 5. Such sign shall not exceed fifteen (15) square feet in area. 6. Whenever applicable, sign permit applications for any sign encroaching the air space of city property, public right(s)-of-way or easement(s) shall be accompanied by a properly executed encroachment agreement. No applicable sign permit shall be issued until the agreement has been executed by the owner of the sign and the [INSERT OFFICIAL]. M. Sandwich Board Signs Any premises or principal building may place sandwich board signs on the public sidewalks subject to the following restrictions: 1. Number of Signs Any premises may place one (1) sandwich board sign per street frontage. 2. Area and Height Any sandwich board sign shall not exceed eight (8) square feet per side in area. In addition, the width of the sign may not exceed two (2) linear feet, with a maximum height of four (4) feet. 3. Display. Hours Sandwich board signs shall not be lighted and are for display during daylight hours only. These signs must be removed each evening by 5:30 p.m., October 1 through March 30, and by 7:00 _p.m., April 1 through September 30. 4 r `i ......... ......................................................... 222 rip C(December 6, 1996 Draft) I [1 0 111 I I I I 0 I I -•.................................•--. --- -- -- .......... ... -- .......... Li W1Irnington/New Hanover County Unified Development Ordinance ............Article..X11/Si.gns . ..................... I 0 I I Sec.1208/On-Premise Sign Regulations (By Zoning District 4. Location Sandwich board signs may be placed on the sidewalk directly in front of the associated use. The sign must be placed on that part of the sidewalk closest to the associated use and secured against blowing away by a chain or similar device. The sign must be placed so as not to interfere with or obstruct pedestrian or vehicular traffic; in any event, a minimum of four (4) feet of passage must be maintained on the sidewalk between the street and the sign. S. Property in HD-0 District In accordance with section Sec. ? [19-131 of City Zoning], for sandwich boards proposed for location within the Central Business Historic -Overlay District, a certificate of appropriateness must be obtained prior to the issuance of a sign permit 6. Indemnification Any person erecting a sandwich board sign shall indemnify and hold harmless the city and county and its officers, agents, and employees from any claim arising out of the presence of the sign on public property or rights -of -way. The person erecting a sandwich board sign shall sign an indemnification agreement, ' approved by the [INSERT OFFICIAL] [attorney], prior to the issuance of a sign permit. The indemnification agreement shall be accompanied by evidence of insurance- covering -the liability assumed in this subsection and the agreement. 1208-5 Special Sign Regulations for Historic Districts (HD, HD-R, HD-O) The provisions of this subsection are applicable in the HD, HD-R, and HD-O districts. A. Certificate of Appropriateness For the purpose of establishing, enhancing, preserving and developing the historical character and quality of the Historic Districts, in accordance with Section 160A-397 of the North Carolina General Statutes and amendments thereto, no sign shall be erected, altered, restored or moved within such districts until after an application for a certificate of appropriateness has been submitted to, and approved by, the Historic District Commission or commission staff through the administrative approval process. The certificate of appropriateness shall be issued by the Historic District Commission or commission staff prior to the issuance of a sign permit A certificate of appropriateness shall be required whether or not a sign permit is required. B. Boundaries The boundaries of these portions of the downtown districts shall be determined from maps on file in the development services bureau. A certificate of appropriateness shall be issued for signs in compliance with applicable district provisions then in effect C. Directional Signs Directional signs not exceeding thirty (30) inches in height and not exceeding four (4) square feet in area which direct on -premises vehicular or pedestrian traffic and bearing no other identification or advertising matter shall not be limited in number. ------------------------------------------------------------------------- Wilmington/New Hanover County Unified Development Ordinance ............................................F... .` . -:..... (December 6, 1 A 6 L3l ff) 223 a Article XI..... s.............................................................................................................................................. .................. l / Sec. 1208/0n-Premise Sign Regulations (By Zoning District) D. On -Premise Canopy or Awning Signs A multi -family or nonresidential principal building may erect on -premises canopy or awning signs provided: (� U 1. There is no projecting sign on the principal building. 2. The combined total area of such signs shall not exceed twenty (20) per cent of the aggregate area of the canopy or awning. 3. Signs which are attached below a canopy or awning shall not extend beyond the width of such canopy or awning, shall not be erected at a height of less than nine (9) feet above the sidewalk or pedestrian walkway and shall not exceed three (3) square feet in area. 4. Whenever applicable, sign permit applications for any sign encroaching the air space of city property, public rights) -of -way or easement(s) shall be accompanied by a properly executed encroachment agreement. No applicable sign permit shall be issued until the agreement has been executed by the owner of the sign and the [INSERT OFFICIAL].. E. On -Premise Window Signs A multi -family or non-residential principal building may install on -premises window signs provided: 1. The area of such signs shall not exceed an aggregate area equal to ten (10) per cent of the total ground floor glassed window area of the building. u 2. Such signs, if located inside the window, may be neon signs. 3. Such signs are prohibited above the second floor occupancy. u F. Special Purpose Signs A multi -family or nonresidential principal building may attach one (1) special purpose sign to the building facade or window provided that such sign shall not be displayed more than twelve (12) times in each calendar year for a maximum total of sixty (60) days per calendar year. A sin a family residential remise may, erect one 1 on -premise or one 1 special gl Y P X O P O P purpose sign subject to the following restrictions: 1. Such signs refer only to the name, home occupation, address or special purpose of the occupant therein. 2. Such sign shall not exceed four (4) square feet in area. 3. Such sign shall be setback a minimum of five (5) feet from any property line. 4 U 4. Such sign shall not exceed six (6) feet in height. G. Incidental Signs A multi -family or nonresidential principal building may display incidental signs provided: jr} 1. Such signs are flat mounted against the building, window or door. 2. Such signs shall not exceed a total area of two (2) square feet.--------------------------------------------------------------------------------------------------------------------------------------------------------------------- 1i�4 4 Wilmington/New Hanover County 224 0(December 6, 1996 Draft) Unified Development Ordinance a I I 0 I 0 ............................................................................................... Article XII/Signs Sec.1208/On-Premise Sign Regulations (By Zoning District H. Revolving Signs Revolving signs are allowed only in conjunction with a barber shop. L External Illumination External illumination, if used, shall not be blinking, fluctuating or moving. Light rays shall shine only upon the sign or upon the property within the premises and shall not spill over the property lines in any direction, except by indirect reflection. J. Real Estate and Construction Signs Any premises or principal building may erect one (1) real estate or construction sign advertising specific property for sale, rent, lease, development or construction, located on the premises, provided: . 1. Sale, rent or lease signs shall not exceed four (4) square feet in area. 2. Development or construction signs shall not exceed nine (9) square feet in area. B. Freestanding Signs Multi -family and non-residential premises may erect on -premises freestanding signs subject to the following restrictions: 1. Number of signs freestanding sign. 2. Area Freestanding signs shall not exceed nine (9) square feet in area. 3. Setback A minimum setback of five (5) feet from any property line is required for all freestanding signs. D 4. Height Freestanding signs shall in no case exceed eight (8) feet in height. L. Attached Signs. A multi -family or nonresidential public building may erect attached signs subject to the following restrictions: 1. One attached sign per frontage shall be permitted. 2. A multi -family or nonresidential principal building may erect on -premises wall signs provided a. Such sign is mounted parallel to the budding to which it is attached and projects no more than eighteen (18) inches from that building. b. Such sign shall not extend beyond the roof line of the building to which it is t' attached. ' c. Thecombinedtotal area of such signs shall not exceed nine (9) square feet. ...,,,,... 3. On -premises wall signs may be displayed on the side or rear of a buildingfi adjacent to an off-street parking area if the off-street parking area is thirty-ft --------------••------..........-•---....----•-•--....----•-•----.........---...-----•----..................................---.....--- " Wilmington/New Hanover County` Unified Development Ordinance (December 6, 1596vifi) 225 LJ Articles XII/Signs................................................... .................................................................................................................... Sec. 1208/0n-Premise Sign Regulations (By Zoning District) (33) feet or more in width. Such signs shall be subject to the same regulations as wall signs on the street side of the building. However, the side or rear of the building adjacent to the off-street parking area shall not be included when calculating the area allowable to wall signs on the street side. 4. A nonresidential principal building may erect one (1) on -premise projecting sign provided: a. There is no detached sign on the premises. b. Such signs may project horizontally a maximum of six (6) feet, but shall be set back at least two (2) feet from the back face of the curb or outer edge of the pavement where there is no curb. Setback distances for projecting signs which front on state roads must be approved by the North Carolina Department of Transportation. c. Such signs shall be erected at a height of not less than nine (9) feet above the sidewalk or other pedestrian passageway. d. Such sign shall not extend beyond the roof line of the building to which it is attached. e. Such sign shall not exceed fifteen (15) square feet in area. f. Whenever applicable, sign permit applications for any sign encroaching the air space of city property, public right(s)-of-way or easement(s) shall be accompanied by a properly executed encroachment agreement. No applicable sign permit shall be issued until the agreement has been executed by the owner of the sign and the [INSERT OFFICIAL]. 5. A single-family residential principal building may attach one (1) sign to the building facade which shall refer only to the name, home occupation or address of the occupant therein provided: Such sign shall not exceed four (4) square feet in area. M. Bed and Breakfast Uses Bed and breakfast uses may erect on -premise attached or freestanding signs subject to the following restrictions: 1. Number of signs Any premises may erect either one (1) attached or one (1) freestanding sign. 2. Area Attached or freestanding signs shall -not exceed four (4) square feet in area. 3. Setback A minimum setback of five (5) feet from any property line is required for all freestanding signs. 4. Height Freestanding signs shall be -mounted so that in no case shall they exceed eight (8) .3 feet in height. Q W --: j 4 226December 6, 1996 Draft) Wilmington/New Hanover County . Unified Development Ordinance it I 11, I I 11 I I 0 I I a -,,, ,, ,, ,, ,- Article Xt1/Signs ..................................................................... . .............•-.............................. .... Sec.1208/On-Premise Sign Regulations (By. Zoning District 5. Wall Signs All wall signs shall be mounted flat against the wall of the principal building. D1208 Signs Permitted in the Front Street Mall �] A. Boundaries j.j The boundaries of the Front Street Mall area shall be determined from maps on file in the ?. B. Directional Signs Directional signs not exceeding thirty (30) inches in height and not exceeding four (4) square feet in area which direct on -premises vehicular or pedestrian traffic and bearing no other identification or advertising matter shall not be limited in number. hi C. On -Premise Canopy or Awning Signs Any principal building may erect on -premises canopy or awning signs provided: 1. There is no projecting sign on the principal building 2. The combined total area of such signs shall not exceed twenty (20) per cent of 3. the aggregate area of the canopy or awning Signs which are attached below a canopy or awning shall not extend beyond the width of such canopy or awning, shall not be erected at a height of less than nine (9) feet aboVeUie si ew or-walkway-and-shall-not-exceed-three-(3) square feet in area. 4. Whenever applicable, sign permit applications for any sign encroaching the air space of city property, public right(s)-of-way or easement(s) shall be accompanied by a properly executed encroachment agreement. _ No applicable sign permit shall be issued until the agreement has been executed by the owner of the sign and the [INSERT OFFICIAL]. D. On -Premise 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 ten (10) per cent 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. E. Special Purpose Signs Any principal building may attach one (1) special purpose sign to the building facade or window provided that such sign shall not be displayed more than twelve (12) times in each calendar year for a maximum total of sixty (60) days per calendar year. F. Incidental Signs Any principal building may display incidental signs provided: 1. Such signs are flat mounted against the building, window or door. 2. Such signs shall not exceed a total area of two 2 square feet.`'a ... • ..... .. ..........•----.......----••---............---•-----...........................---.................. ...... Wilmington/New Hanover County. ` Unified Development Ordinance (December 6, 1*613xaft) 227 Article XII/SiRns...................................................... Sec. 1208/0n-Premise Sign Regulations (By Zoning District) G. Revolving Signs Revolving signs are allowed only in conjunction with a barber shop. H. External Illumination External illumination, if used, shall not be blinking, fluctuating, or moving. Ught rays shall shine only upon the sign or upon the property within the premises and shall not spill over the property lines in any direction, except by_indirect reflection. L Real Estate or Construction Signs Any premises or principal building may erect one (1) real estate or construction sign advertising specific property for sale, rent, lease, development or construction, located on the premises, provided 1. Sale, rent or lease signs shall not exceed six (6) square feet in area. 2. Development or construction signs shall not exceed twenty (20) square feet in area. J. Attached Signs Any principal building may display attached signs subject to the following restrictions: 1. Where a principal building fronts on more than one (1) street or pedestrian walkway providing public access, attached signs for each such frontage shall be permitted 2. Any principal building may display on -premises wall signs provided -to the building to which it is attached and a. Such sign is mounted parallel projects no more than eighteeri (18) inches from that building. b. Such signs shall not extend beyond the roof line of the building to which it is attached. c. The combined total area of such signs shall not exceed twenty (20) percent of the total area of the wall to which the sign is attached, not to exceed two hundred (200) square feet in area. 3. On -premises wall signs may be displayed on the side or rear of a building adjacent to an off-street parking area if the off-street parking area is thirty-three (33) feet or morein width. Such signs shall be subject to the same regulations as wall signs on the street side of the building However, the side or rear of the building adjacent to the off-street parking area shall not be included when calculating the area allowable to wall signs on the street side. 4. Any principal building may display one (1) on -premises projecting sign provided: a. There is no detached sign on the premises. b. Such sign may project horizontally a maximum of six (6) feet, but shall be set back at least two (2) feet from the back face of the curb or outer edge of the pavement where there is no curb. Setback distances for projecting signs which front on state roads must be approved by the North Carolina Department of Transportation. c. Such signs shall be erected at a height of not less than nine (9) feet above the sidewalk or other pedestrian passageway. d. Such sign shall not extend beyond the roof line of the building to which it is attached. 45 . e. Such sign shall not exceed fifteen (15) square feet in area. f. Whenever applicable, sign permit applications for any sign encroaching the .., AV Wilmington/New Hanover County 228 CIDecember 6, 1996 Draft) Unified Development Ordinance Article XII/Si ns .. .. ... ............................................................................... Sec.1208/On-Premise Sign Regulations (By Zoning District air space of city property, public right(s)-of-way or easement(s) shall be accompanied by a properly executed encroachment agreement. No applicable sign permit shall be issued until the agreement has been executed by the owner of the sign and the [INSERT OFFICIAL]. �j Sec. 1209/ Temporary and Special Event Signage �J 1209-1 Allowance A. Balloons/Blimps Allowed for special events with a permit for up to seven (7) days of consecutive use, Qfive (5) times per calendar year per location, subject to the following conditions: 5. The balloon or blimp may not be more than 1,000 cubic feet in size, nor the total of the longitudinal and latitudinal dimensions of the device, measured along their axes, exceed thirty-seven (37) linear feet, 6. 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 as prescribed in Sec. 19-39(a); The balloon or blimp may not be flown more than fifty (50) feet in the air unless located at least one hundred (100) eet rom any ac ve public -roadway; itrheight- may thereafter be increased in proportion to its distance from the roadway, to a maximum of one hundred (100) feet. (Example: if the device is anchored one hundred twenty-five (125) feet from a road, it may be flown at a height of seventy-five (75) feet, 8. No balloon or blimp shall be flown in windy conditions (sustained winds of twenty-five (25) m.p.h. or more) or inclement or stormy weather, all applicable state or federal regulations must be observed; 9. No balloons or blimps may be flown within a one (1) mile radius of another such device; and 10. No device authorized by this section may consist of more than one (1) balloon f1 or blimp, or have attached to it any streamers, banners or other paraphernalia. 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 even is occurring, but may not be displayed at any other premises. "Special events," as used in this provision includes grand openings, special sales and other promotional activities. If, in the opinion of the [INSERT OFFICIAL], any balloon or blimp is creating or contributing to a hazardous situation, he may direct that it be removed or that the l VA manner of its display be altered to remove the hazard. Tn .........-•------ M;... Wilmington/New ton/New Hanover County Unified Development Ordinance (December 6, 6 Drdh) 229 Article.Xi..Sins.............................................................. .... .................... ... ..... a ..... ............... ........ ..................... Sec. 1209/Temporary and Special Event Signs B. Banners Allowed for special events with a permit for up to thirty (30) days of consecutive use, two (2) times per calendar year (separated by a minimum of thirty (30) days) for parcels zoned CBD and HD. 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. In the HD and HD-O Districts, approval shall be through the administrative bypass procedure for a certificate of appropriateness. Museums and cultural arts centers are permitted continuous, year-round display of one (1) banner and there is no time constraint imposed upon any one (1) 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 on parcels not zoned CBD or HD, a banner may be used for no more than thirty (30) days for one (1) time per calendar year. These banners are allowed with a permit in the NB, RB, O&I, CS, Al, LM, HM districts and in the multi -family residential districts W-L, MF-M, and MF-H). C. Flags Allowed as specified in Table _ below. Ground -mounted flagpoles shall not exceed height limits established in Table _ below. Roof -mounted flagpoles shall not exceed the maximum height permitted in each zoning district for roof -mounted antennae. No more than two (2) flags shall be permitted per each flagpole not to exceed the cumulative area established in Table _ below. The United States, North Carolina, City and County flags are exempt from all restrictions of this Article. Table ? Flag ReLrulations by District Zorn :Distnc Parcel'S�ze # of Fla oles Max A=ea :Max, lEie' ht' CBD N/A 10 200 SF 50 feet HD, NB, O&I, CS, RB, AI, LM, and HM Less than 1 acre 3 80 SF 35 feet 1 to 3 acres 5 200 SF 50 feet 3 to 10 acres 10 200 SF 50 feet More than 10 acres 10 800 SF 80 feet All Other Zones N/A 1 80 SF 35 feet D. Pennants Prohibited except as navigational aids, or if used by a religious activity or by an educational or charitable organization (see Flags)- E. Portable Signs - Allowedwith apermit for up to thirty (30) days of consecutive use, two (2) times a calendar year (separated by a minimum of 30 days) for parcels zoned NB, CS, RB, AI, LM, and HM; prohibited elsewhere. Portable signs cannot exceed thirty-five (35) square feet in size and six (6) feet in height, or be located within five (5) feet of any k property line; 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. .�......................................................... 230 r y M(December 6, 1996 Draft) I 1� I � �r_ 0 I 0 0 It 0 ....-- •................. ...... ... ................ .... -- .......... U Wilmington/New Hanover County Unified Development Ordinance (� U Article XII/Signs n Sec. 1210/Construction Specifications - Sec. 1210/ Construction Specifications fl1210-1 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. 1210-2 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. U C. All portable signs on display shall be braced or secured to prevent motion. 1210-3 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. 1210-4 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, depending on voltages concerned. Sec. 1211/ Outdoor Advertising Signs [Based on County's Ordinance] 1211-1 Where Permitted Outdoor advertising signs and structures that comply with the provisions of this UDO shall be permitted in LM and HM zoning districts provided the specific outdoor advertising sign location is four hundred (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 Special Highway Overlay District (SHOD), in accordance with Section 59.6. Outdoor advertising signs shall not be permitted in, upon, or over any navigable public waterway, marsh, or within four -hundred (400) feet landward of the mean high water line. .. . . I ., . . . .. ...MR . Wilmington/NewCounty Unified Development Ordinance (December• 1 e'• Draft) - a ArticleXII/SiBns................................................................................................................................................ Sec. 1211 /Outdoor Advertising Signs 1211-2 Location. Setbacks and Spacing of Outdoor Advertising Signs n �J A. Setbacks Each outdoor advertising sign shall comply with the applicable setback requirements n of the district in which it is located. In no case, however, shall an outdoor advertising U sign be located less than ten (10) feet from any right-of-way or property line. B. 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 fifty (50) feet from the right-of-way intersection. C. Spacing of Outdoor Advertising Signs No part of any outdoor advertising sign shall be located less than one thousand (1,000) feet from any part of another outdoor advertising sign. N D. 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 sun light. n 1211-3 Single Outdoor Advertising Sign Structure LJ An outdoor advertising sign shall be considered as one sign structure when it is designed to be viewed from: D. One direction and consists of a single face sign placed in such a manner to be viewed by one directional flow of traffic; or n u E. Two (2) directions and consists of two (2) sign faces arranged either back-to-back or in a V-shape. In no case shall there be more than one (1) sign face per directional flow of traffic. 1211-4 Area and Height Requirements for Outdoor Advertising Signs 0 A. Area of Outdoor Advertising Signs No outdoor advertising sign facing streets with four (4) or more traffic lanes may exceed one hundred and fifty (150) square feet-, outdoor advertising signs facing streets with fewer than four (4) traffic lanes may not exceed seventy-five (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. �> Wilmington/New Hanover County 232r CIDecember 6, 1996 Draft) Unified Development Ordinance (� U ... ... ........................................................................... Article.Xll/Signs Sec. 1211 /Outdoor Advertising Signs B. Height No outdoor advertising sign or part thereof, including base, apron, supports, supporting structures, and trim, may exceed thirty (30) feet in height. Rooftop outdoor advertising signs are prohibited. 1211-5 Inspection of Outdoor advertising signs The [INSERT OFFICIAL] 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. 1211-9 Construction aA. 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 ten (10) feet horizontally or vertically from any conductor or public utility guy -wire. B. 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 so as to be contained to the sign area of the outdoor advertising sign- C. Back of Sign The backs of all outdoor advertising signs shall be painted in a neutral color to blend in with the surrounding area. D. 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. 1211-7 Maintenance All outdoor advertising signs shall be maintained in a state of good repair. Whenever it shall appear to the [INSERT OFFICIAL] 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 (10) days after written notification thereof by the [INSERT OFFICIAL]. 1211-5 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 sixty (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 thirty (30) days after the date of termination of such events. .............................................................. <.,,� ...: .... .................................................................................... ...... .... ••i •4Y Wilmington/New Hanover County j� Unified Development Ordinance (December 6, T996131v fi) 233 U Article-XIII/ Nonconformities Sec. 1301/ General 1301-1 Purpose n The regulations of this article govern uses, structures, lots and other situations that came U into existence lawfully but that do not conform to one or more requirements of this UDO. 1301-2 Policy It is the general policy of the City and County to allow uses, structures or lots that came into existence legally and in conformance with then -applicable requirements but that do not conform to all of the applicable requirements of this UDO to continue to exist and L! be put to productive use, but to bring as many aspects of such use into conformance with the current UDO as is reasonably practicable, all subject to the limitations of this article. n The limitations of this article are intended to recognize the interests of the property u owner in continuing to use the property but to control the expansion of the nonconformity and to control re-establishment of abandoned uses and limit re- [1 establishment of buildings and structures that have been substantially destroyed. U 1301-3 Types of Nonconformities The regulations address the following types of nonconformities: A. Nonconforming Uses n Uses legally established prior to [INSERT EFFECTIVE DATE] that do not comply u with the use regulations of the district in which the use is located are referred to as "nonconforming uses." n lJ B. Nonconforming Lots Lots legally established prior to [INSERT EFFECTIVE DATE] that do not comply with the minimum area or lot width requirements of the district in which the lot is located C. Nonconforming Structures Buildings and structures, not including signs, legally established prior to [INSERT EFFECTIVE DATE] that do not comply with the property development standards of the zoning district in which the use is located are referred to as "nonconforming Q structures." D. Nonconforming Signs Signs legally established prior to [INSERT EFFECTIVE DATE] that do not comply with the sign regulations of Article ? are referred to as "nonconforming signs." 1301-4 Authority to Continue Nonconformities shall be allowed to continue in accordance with the regulations of this article. 1301-5 Determination of Nonconformity Status The burden of establishing that a nonconformity lawfully exists is to be the owners burden and not the City's or County's. RA _ .: A,,— Hanover County g � (December 6, 1996 Draft) Unified Development Ordinance 234k> n U U Article XIII/Nonconformities .....................................................................................•..................... Sec.1301/General . 1301-9 Repairs and Maintenance Repairs and normal maintenance required to keep nonconforming uses, nonconforming {1 structures and nonconforming signs in a safe condition shall be permitted, provided that no alterations shall be made except those allowed by this article or required by law or ordinance. 1301-7 Change of Tenancy or Ownership Changes of tenancy, ownership or management of an existing nonconformity shall be permitted, provided there is no change in -the nature or character, extent or intensity of such nonconformity. �] Sec. 1302/ Nonconforming Uses Nonconforming uses shall be subject to the following standards. 1302-1 Enlargement No nonconforming use shall be enlarged, expanded or extended to occupy a greater area of land or floor area than was occupied on [INSERT EFFECTIVE DATE] and no D additional accessory use, building or structure shall be established on the site of a nonconforming use. This provision notwithstanding, uses maybe extended throughout any part of a building or other structure that was lawfully and manifestly- designed or a arranged for such use on [INSERT EFFECTIVE DATE]. This provision shall not allow the nonconforming use to be extended to additional buildings or to land outside the original building. D 1302-2 Nonconforming Use of Open Land A nonconforming use of open land may not be extended to cover more land than was occupied by that use when it became nonconformin& Uses that involve the removal of natural materials from the lot (e.g., a quarry) may be expanded to the boundaries of the lot where the use was established at the time it became nonconforming, if 10 percent or more of the earth products had already been removed on [INSERT EFFECTIVE DATE]. �J 1302-3 Changes in Equipment of Processes a Where a nonconforming situation exists, the equipment or process may be changed if these or similar changes amount only to changes in degree of activity rather than changes in kind of activity and no violations of other provisions in this UDO occur. a13024 Relocation No nonconforming use shall be moved in whole or in part to any other portion of such D parcel nor to another lot unless the use will be in conformance with the use regulations of the district into which it is moved. ry 1302-5 Discontinuance and Abandonment UA. When a nonconforming use is discontinued for a consecutive period of 180 days or more, (except where government action causes such discontinuance), the subsequent Quse of such parcel or lot shall conform to all regulations of the zoning district in 4 which such parcel or lot is located. N A B. For purposes of determining whether a right to continue a nonconforming use is'�st, D-----------------•--- .._....................................................... '....... �..... Wilmington/New Hanover County`'° > Unified Development Ordinance (December 6, 1996 Draft) 235 Article XIII/Nonconformities .................................................................................................................................................................................. Sec. 1302/Nonconforming Uses n all of the buildings, activities, and operations maintained on a lot are generally to be U considered as a whole. For example, the failure to rent one apartment in a nonconforming apartment building or one space in a nonconforming manufactured (� housing park for 180 days shall not result in a loss of the right to rent that apartment u or space thereafter so long as the apartment building or manufactured housing park, as a whole, is continuously maintained. C. If a nonconforming use is maintained with a conforming use, discontinuance of a nonconforming use for 180 days shall terminate the right to maintain it thereafter. If, for example, manufactured housing is used as a nonconforming use on a residential lot where a conforming residential structure is located, removal of that manufactured housing for 180 days terminates the right to replace it. D. When a structure or operation made nonconforming by this UDO is vacant or discontinued on [INSERT EFFECTIVE DATE], the 180-day period begins on [INSERT EFFECTIVE DATE]. 1302-6 Damage or Destruction Nonconforming uses that are damaged or destroyed, by any means, may be re- established, subject to the following requirements: E. A letter of intent must be submitted to the [INSERT OFFICIAL] within six months of the date of damage or destruction. F. A building permit must be obtained from the [INSERT OFFICIAL] within one year of the date that the damage or destruction. G. The total amount of space devoted to a nonconforming use may not be increased, except that a larger, single-family dwelling may be constructed in place of a smaller one and a larger mobile home intended for residential use may replace a smaller one. a H. A reconstructed building may not be more nonconforming with respect to dimensional requirements, such as setback requirements, height limits or density standards and such dimensional nonconformities must be eliminated if possible without unduly burdening the reconstruction process or limiting the right to continue the nonconforming use. n I. The reconstructed structure may not be more nonconforming with respect to exterior jLJj architectural features than the previous building (e.g., if a nonconforming commercial use was occurring in a building exhibiting residential exterior architectural features, any reconstruction to that building must retain those residential architectural features). Such exterior architectural feature nonconformities must be eliminated if U U possible without unduly burdening the reconstruction process or limiting the right to continue the nonconforming use. D 1302-7 Change in Use A. Change to Conforming Use A nonconforming use may be changed to conforming use. Once a nonconforming use is changed to a conforming use, it may not be changed back to a nonconforming Q use. lea B. Change to Nonconforming Use A nonconforming use may be changed to another nonconforming use only after review and approval of a special use permit in accordance with the procedures of Sec. A . r` ?. Once a nonconforming use is changed to a similar or less intensive nonconforming ..`.. �: ��--------------------------------------------------------------------------------------------------_...----------------------......................--................ �t Wilmington/New Hanover County 236 r �p Q(December 6, 1996 Draft) Unified Development Ordinance Article XIII/Nonconformities Sec. 1301 /General use, it may not be changed back to a more intensive nonconforming use. D 1. The Governing Body may issue a special use permit for a nonconforming use change if it finds that the proposed use will be of a character that is the same or less intensive (and thus more closely conforming) than the existing, nonconforming use and that the proposed use will be no less compatible with L the surrounding neighborhood than the use in operation at the time the approval is applied for. D 2. If a nonconforming use is changed to any use other than a conforming use without obtaining a special use permit, that change shall constitute discontinuance and abandonment of the nonconforming use. 3. The criteria to be used in determining compatibility of a change in kind of nonconforming use shall include but not be limited to the following. g. Site lighting shall be located so as not to shine or reflect directly onto any adjacent residential property. a h. Hours of operation shall be evaluated and restricted where necessary, to minimize disruption to the surrounding residential area. i. Off-street parking shall be provided in accordance with the standards of a Sec. 1001. If these requirements cannot be met, a determination shall be made in conjunction with the code enforcement staff, to include credit for on -street parking in the vicinity of the use. j. Signage for the use shall be limited to four square feet in area and shall be nonilluminated. k. A plan for noise and solid waste management shall be submitted as part of Dthe special use permit narrative. (?Don't understand these requirements] 1302-8 Accessory Uses a No use that is accessory to a principal nonconforming use shall continue after such principal use ceases or terminates. Sec. 1303/ Nonconforming Lots �J 1303-1 Nonconforming Single Lot of Record A vacant lot of record established prior to [INSERT EFFECTIVE DATE] that does not comply with the minimum lot area or lot width standard of the district in which it is located may be used as a building site for a use permitted within that district provided: aJ. All construction and the location of the building shall be in accordance with the applicable front, side and rear setback requirements of the zoning district in which ry located. fUt K Where the property will not be connected to public sewer or water service, any other existing or proposed water and sewage disposal system is approved by the Health Department. 1303-2 Nonconforming Vacant Contiguous Lots of Record If two or more adjoining and vacant lots of record are in single ownership at any time U after [INSERT EFFECTIVE DATE], such lots shall be considered as a single or several x t l lots which meet the minimum requirements of this UDO for the zoning district in whipch. 'A4 such lots are located. �Y .....................•-•---•----•--•-•-••-----•-----...--•-•--•••.......---...--•••--•...--••...---..............................-•-•••---........•••..........., ,..... ` Wilmington/New Hanover County` Unified Development Ordinance (December 6, 1996 L3.atf) 237 D Article XIII/Nonconformities .........................................................................••••••.....................••••...-•--••••••••••......................................................... Sec. 1304/Nonconfomning Structures Sec. 1304/ Nonconforming Structures Nonconforming structures shall be subject to the following standards. 1304-1 Enlargement Except as specifically allowed in this section, any expansion of a nonconforming structure that increases the degree of nonconformance shall be prohibited. Other expansions of the structure shall be permitted and shall not require a variance. The initial determination of whether a proposed expansion increases the degree of nonconformity shall be made by the [INSERT OFFICIAL]. For the purposes of this section, manufactured housing may be replaced with larger manufactured housing, and "single -wide" manufactured housing may be replaced with "double -wide" units. 1304-2 Alteration Physical alteration of structures or the placement of new structures on open land are unlawful if they result in: A. An increase in the total amount of space devoted to a nonconforming use; B. Greater nonconformitywith respect to dimensional restrictions such as setback requirements, height limitations or density requirements; or C. Greater nonconformity with respect to the exterior architectural features of the conforming structures in the part of the zoning district in which the nonconforming structure is located. 1304-3 Damage or Destruction Nonconforming structures that are damaged or destroyed, by any means, may be reconstructed, subject to the following requirements: A. A letter of intent must be submitted to the [INSERT OFFICIAL] within six months of the date of damage or destruction. B. A building permit must be obtained from the [INSERT OFFICIAL] within one year of the date that the damage or destruction. C. The total amount of space devoted to a nonconforming use may not be increased, except that a larger, single-family dwelling may be constructed in place of a smaller one and a larger mobile home intended for residential use may replace a smaller one. D. The reconstructed building may not be more nonconforming with respect to dimensional requirements, such as setback requirements, height limits or density standards and such dimensional nonconformities must be eliminated if possible without unduly burdening the reconstruction process or limiting the right to continue the nonconforming structure. E. The reconstructed structure may not be more nonconforming with respect to exterior architectural features than the previous building (e.g, if a nonconforming commercial use was occurring in a building exhibiting residential exterior architectural features, any reconstruction to that building must retain those residential architectural features). Such exterior architectural feature nonconformities must be eliminated if possible without unduly burdening the reconstruction process or limiting the right to continue the nonconforming structure. a n ., ..... •.............................. NZ A-V 238 r rp (December 6, .....................-----•--•-------..........-----.......----......----.......------.......--------- ...------.....------.------ Wilmington/New Hanover County 1996 Draft) Unified Development Ordinance ill C 0 0 I C I 7 0 ................................................................ Sec. 1304/Nonconforming Structures Article XIII/Nonconformities ........................................................... 13044 Relocation Nonconforming structures may be moved provided that the move does not increase the degree of nonconformity. Seca 1305/ Nonconforming Signs 1305-1 Determination of Nonconformity Existing signs which do not conform to the specific provisions of this chapter may be eligible for the designation "nonconforming" provided that A. The [INSERT OFFICIAL] determines that such signs are properly maintained and do not in any way endanger the public; B. The sign was covered by a valid permit or variance or complied with all applicable laws on [EFFECTIVE DATE?; and C. The sign is not placed under an amortization schedule. 1305-2 Loss of Nonconforming Status A nonconforming sign may lose it legal nonconforming designation if A. The sign is relocated or replaced; or B. The structure of the sign is altered in any way except towards compliance with this chapter. This does not refer to change of copy or normal maintenance. 1305-3 Maintenance and Repair of Nonconforming Signs Nonconforming signs are subject to all requirements of this UDO regarding safety, maintenance, and repair." However, if the sign suffers more than fifty (50) per cent appraised damage or deterioration, it must be brought into conformance with this chapter or removed 1305-4 Amortization U A. Time Periods Any sign being used prior to the date of adoption of this Article shall be removed or rendered in compliance with this Article as follows, except as specified herein: ?Note: All other signs not listed below in existence at the time of adoption of this Article shall not be subject to the amortization procedures provided below, and shall be permitted to remain under the -nonconforming provisions of this chapter. -: .:ssu : :...: �: i..; 4r: y-.n; :..:: :.. � :. �:.:::..: � .: .::....:'.,::..:.i.::ii: r:.; i:.?:. {.;;: Y[-:::?i:}':Y.:i i::�:: •:4::::::::::::i ...}:i:}Qi}:i %'. i;: i?y , ,.. :... �::. :..:..::: :.:: ;:; . :. Y ::;ii:: zcgtsa opz.1�.s;>`afg11 3deletdistrict rl ............. zorinig district or speci2d .................. r ........................:................................................................ ... . Wilmington/New Hanover County -00% Unified Development Ordinance (December 6, T46 [3 ff) 239 Article_XI11/Nonconforntitie........................................................... ... ........ .. .. ..... ..,. ...... ................ ................ Sec. 1305/Nonconforming Signs (4) Nonconforming outdoor advertising signs, subject to the provisions set forth in Article VIII of this chapter.04 I;rs .1 . .• . .. . .. .• . „ . . .. • • •J w 1 • • • • • .� .$.1 • . 9 1 . • . • • • .n • • • • �� • .1 •61919 19t"6MIM* • ,� ,� . • •M WWI. .I • • •� •I Its a . .• 9• • 6J fru.1m (5) Freestanding signs ........................10 years. Nonconforming freestanding signs which are within fifteen (15) per cent of the maximum sign area requirements or within four (4) feet of the maximum height requirements (see Table —) shall not be required to be brought into compliance with the size or height requirements, as applicable, of this chapter. Freestanding signs which are nonconforming with regard to sign height and which are relocated in order to conform to the sign location requirements of this chapter shall also be brought into conformance with the sign height requirements. Nonconforming freestanding signs which are relocated under the provisions of this chapter may utilize one (1) required parking space for the relocated sign if no other option exists for relocating the sign on the site as determined by the code enforcement officer. Freestanding signs which are nonconforming only with regard to the maximum front setback requirement shall not be subject to the amortization procedures outlined herein. provibiVILS Of this chapter or my other city ordinmice, incluaT B. Notification The code enforcement officer shall notify the owner(s) of any freestanding sign deemed to be in violation of these regulations within two (2) years of the effective date of this chapter. For portable and other temporary signs deemed to be in violation of these regulations, the code enforcement officer shall notify the owner(s) of the status of the signs under the provisions of this chapter after the effective date of adoption. C. No Replacement! A nonconforming sign shall not be replaced by another nonconforming sign except that the substitution or interchange of poster panels, painted boards or demountable material on nonconforming signs shall be permitted. � '.......................................••--------......------......---......--••--......---...................... V Wilmington/New Hanover County 240 &(December 6, 1996 Draft) Unified Development Ordinance II I I I I I 0 0 Ill I I ........................................................ Sec. 13o5/iVonconfotming Signs Article XIII/Nonconformities ........................................................... D. Repair Minor repairs and maintenance of nonconforming signs such as repainting, electrical repairs and neon tubing repairs shall be permitted. E. Alteration, Relocation or Replacement a Nonconforming signs which are structurally altered, relocated or replaced shall comply in all respects with the provisions of this chapter, except as specifically excepted herein. F. Legally Established Nonconforming Uses New signs related to legally established nonconforming uses may be erected provided they comply with the sign requirements of the district in which the use is located. Sec. 1306/ Nonconformitiesc Created by Public Action When lot area or setbacks are reduced as a result of conveyance to a federal, state or local government for a public purpose and the remaining area is at least 75 percent of the required minimum standard for the district in which it is located, then that lot shall be deemed to be in compliance with the minimum lot size and setback standards of this UDO without the need for a variance from the Board of Adjustment. .......................................................................... Wilmington/New Hanover County Unified Development Ordinance (December 6, 242 r; (December 6, 1996 Draft) Wilmington/New Hanover County Unified Development Ordinance Article XIV/ Enforcement and Penalties aSec. 1401/ Responsibility for Enforcement This UDO shall be enforced by the [INSERT OFFICIAL]. Sec. 1402/ Types of Violations Any of the following shall be a violation of this UDO and of law and shall be subject to the remedies and penalties provided in this UDO and state law: 1402-1 Subdivision Development or Use Without Permit To engage in any subdividing, development, use, construction, remodeling or other activity of any nature upon the land and improvements thereon subject to the jurisdiction of this UDO without all of the required permits, approvals, certificates and other forms of authorization required by this UDO in order to conduct or engage in such activity; Q1402-2 Subdivision, Development, Use or Sign Inconsistent with Permit To engage in any development, use, construction, remodeling; or other activity of any a nature in any way inconsistent with the terms and conditions of any permit, approval, certificate or other form of authorization required in order to engage in such activity; 1402-3 Subdivision, Development, Use or Sign Inconsistent with Conditions To violate, by act or omission, any term, condition, or qualification placed by the Planning Commission, Governing Body or Board of Adjustment, as applicable, upon a required permit, certificate, or other form of authorization granted by the Planning Commission, Governing Body or Board of Adjustment to allow the use, development, sign, or other activity upon land or improvements thereon; 1402-4 Subdivision, Development or Use Inconsistent with UDO To erect, construct, reconstruct, remodel, alter, maintain, move, or use any building, structure or sign, or to use any land in violation or contravention of any zoning, subdivision, sign or general regulation of this UDO, or any amendment thereof, 1402-5 Making Lots or Setbacks Nonconforming To reduce or diminish any lot area so that the setbacks or open spaces shall be smaller than prescribed by this UDO and the Final Plat or site plan; f j 1402-6 Increasing Intensity of Use u To increase the intensity of use of any land or structure, except in accordance with the procedural and substantive requirements of this UDO; 1402-7 Continuing Violations To continue any of the violations of this section. Each day that a violation continues shall Qbe considered a separate offense; and 1402-8 Removing, Defacing or Obscuring Notice . To remove, deface, obscure or otherwise I interfere with any notice required by this UDO. 1402-9 Failure to Remove Signs To fail to remove any sign installed, created, erected or maintained in violation of this u R article, or for which the sign permit has lapsed. l!.......................•------....-----......-----...-•---------•----......-----.....---------------•-------......•-----------------------------. ..-------. .... �,.. Wilmington/New Hanover County�y Unified Development Ordinance (December 6, 5 96 L31` A 243 Article XIV/Enforcement and Penalties .................................................................................................................................................................................. Sec. 1403/Remedies and Enforcement Powers Sec. 1403/ Remedies and Enforcement Powers The City and County shall have the following remedies and enforcement powers. 1403-1 Withhold Permits The City or County may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements thereon upon which there is an uncorrected violation of a provision of this UDO or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City or County. Instead of withholding or denying an authorization, the City or County may grant such authorization subject to the condition that the violation be corrected. This enforcement provision shall apply regardless of whether the current owner or applicant is responsible for the violation in question. The City or County may deny or withhold all permits, certificates or other forms of authorization on any land or structure or improvements owned or being developed by a person who owns, developed or otherwise caused an uncorrected violation of a provision of this UDO or of a condition or qualification of a permit, certificate, approval or other authorization previously granted by the City or County. This provision shall apply regardless of whether the property for which the permit or other approval is sought is the property in violation. 1403-2 Revoke Permits Any permit may be revoked when the [INSERT OFFICIAL] determines: (1) that there is departure from the plans, specifications, or conditions as required under terms of the permit, (2) that the same was procured. by false representation or was issued by mistake, or (3) that any of the provisions of this UDO are being violated. Written notice of such revocation shall be served upon the owner, the owner's agent or contractor, or upon any person employed on the building or structure for which such. permit was issued, or shall be posted in a prominent location; and, thereafter, no such construction shall proceed. 1403-3 Stop Work With or without revoking permits, the City or County may stop work on any building or structure on any land on which there is an uncorrected violation of a provision of this UDO or of a permit or other form of authorization issued hereunder, in accordance with its power to stop work under its building codes. 1403-4 Revoke Plan or Other Approval Where a violation of this UDO involves a failure to comply with approved plans or conditions to which the approval of such plans was made subject, the Governing Body - may, upon notice to the applicant and other known parties in interest (including any holders of building permits affected) and after a public hearing, revoke the plan or other approval or condition its continuance on strict compliance, the provision of security or such other conditions as the Governing Body may reasonably impose. a ..................................................... 244 J s> 113ecember 6, 1996 Draft) I 71 I I i 0 I I 0 ----------------------------- Wilmington/New Hanover County Unified Development Ordinance a aArticle XIV/Enforcement and Penalties Sec. 1303/Remedies and Enforcement Powers 1403-5 Injunctive Relief The City or County may seek an injunction or other equitable relief in court to stop any violation of this UDO or of a permit, certificate or other form of authorization granted hereunder. D 1403-6 Abatement The City or County may seek a court order in the nature of mandamus, abatement, injunction or other action or proceeding to abate or remove a violation or to otherwise D restore the premises in question to the condition in which they existed prior to the violation. 1403-7 Penalties The penalty for a violation of this UDO shall be governed by the general penalty provisions of the City and County codes and the City or County may seek such criminal aor civil penalties as are provided by North Carolina law. 1403-8 Other Remedies The City or County shall have such other remedies as are and as may be from time to a time provided by North Carolina law for the violation of zoning, subdivision, sign or related UDO provisions. a Sec. 1404/ Remedies Cumulative The remedies and enforcement powers established in this article shall be cumulative. Sec. 1405/ Enforcement Procedures 1405-1 Non -Emergency Matters In the case of violations of this UDO that do not constitute an emergency or require immediate attention, the [INSERT OFFICIAL] shall give notice of the nature of the violation to the property owner or to any other person who is party to the agreement or j� to any applicant for any relevant permit in the manner hereafter stated, after which the U persons receiving notice shall have ten days to correct the violation before further enforcement action shall be taken. Notice shall be given in person, by United States Mail, a or by posting notice on the premises. Notices of violation shall state the nature of the violation and the time period for compliance and may state the corrective steps necessary and the nature of subsequent penalties and enforcement actions should the situation not rl be corrected. 1405-2 Emergency Matters In the case of violations of this UDO that constitute an emergency situation as a result of safety or public concerns or violations that will create increased problems or costs if not remedied immediately, the City or County may use the enforcement powers available under this article without prior notice, but the [INSERT OFFICIAL] shall attempt to give notice simultaneously with beginning enforcement action to the property owner, to any other person who is party to the agreement and to applicants for any relevant permit. a.......................................................... I. .....�. k..... Wilmington/New Hanover County " ¢y' Unified Development Ordinance (December 6, T g96 [3tflft) 245 D Article XIV/Enforcement and Penalties .................................................................................................................................................................................. Sec. 1406/Other Enforcement Matters Sec. 1406/ Other Enforcement Matters 1406-1 Other Powers In addition to the enforcement powers specified in this article, the City or County may exercise any and all enforcement powers granted to them by North Carolina law, as it may be amended from time to time. 1406-2 Continuation Nothing in this UDO shall prohibit the continuation of previous enforcement actions, undertaken by the City or County pursuant to previous and valid ordinances and laws. 246 'r�k C(December 6, 1996 Draft) -----------------------------------------------------------------••--.... Wilmington/New Hanover County Unified Development Ordinance Article XV/ Definitions Sec. 15011 Rules of Construction 1501-1 Meanings and Intent a All provisions, terms, phrases and expressions contained in this UDO shall be construed according to the UDO's stated purpose and intent. 1501-2 Headings, Illustration and Text In case of any difference of meaning or implication between the text of this UDO and a1501-3 any headin&drawin& table or figure, the text shall control. Computation of Time The time within which an act is to be completed will be computed by including the first day and excluding the last day, if the last day is a Saturday, Sunday or legal holiday, that day will be excluded. In the computation of time for public hearing notice, the day of the advertisement will be counted and the day of the hearing will be excluded. a1501-4 References to Other Regulations, Publications and Documents Whenever reference is made to another regulation, document or publication, it will be a construed as a reference to the most recent edition of such regulation (as amended), document or publication, unless otherwise specifically stated. 1501-5 Delegation of Authority Whenever a provision appears requiring the head of a department or another officer or employee to perform an act or duty, that provision will be construed as authorizing the department head or officer to delegate the responsibility to others. 1501-6 Technical and Nontechnical Words Words and phrases shall be construed according to the common and approved usage of the language, but technical words and phrases that may have acquired a peculiar and appropriate meaning in law will be construed and understood according to such meaning. IF, IF IL IF, 150.1-7 Public Officials and Agencies All public officials; bodies, and agencies to which references are made are those of the City and County, unless otherwise indicated. 1501-8 Mandatory and Discretionary Terms The words "shall," "will," and "must" are always mandatory. The words "may" and "should" are discretionary terms. 1501-8 Conjunctions Unless the context clearly suggests the contrary, conjunctions will be interpreted as follows: "And" indicates that all connected items, conditions, provisions or events apply, and "Or" indicates that one or more of the connected items, conditions, provisions or events may apply- Wilmington/New Hanover County Unified Development Ordinance -------------------------------------------------------------£ .... .... .y....-- (December 6, 16 Qra) 247 Article XV/Definitions .................................................................................................................................................................................. Sec. 1501/Rules of Construction 1501-10 Tenses and Usage Words used in one tense (past, present or future) include all other tenses, unless the context clearly indicates the contrary. The singular includes the plural, and the plural includes the singular. Sec. 1502/ Words and Terms Defined Words and terms used in this UDO have their normal dictionary meaning unless they are specifically defined in this section. Words and terms defined in this section have the specific meaning stated, unless the context clearly suggests another meaning. 100 Year Coastal Hazard V Zone Area: The area of 100 year coastal flood inundation with high velocity waters and hurricane action as shown on Official Flood Insurance Maps, as amended. 100 Year Flood Area: The area of 100 year flood inundation as shown on fficial Flood Insurance Maps, as amended. Abandoned sign: A sign which no longer identifies or advertises a bona fide business, lessor, service, owner, product, or activity, or for which no legal owner can be found. Above roof sign: A sign which is displayed above the roof line. Accelerated Erosion: Any increase over the rate of natural erosion as a result of land -disturbing activity. A=soryApartments. A self-contained dwelling unit contained within an existing structure for a single- family. Accessory Use or Structure. A use or structure on the same lot with, and of a nature customarily incidental and subordinate to, the principal use or structure. Aft: The North Carolina Sedimentation Pollution Control Act of 1973 and all rules and orders adopted pursuant to it. Addition to an existing building: Any walled and roofed expansion to the perimeter of a building in which the expansion is connected by a common load -bearing wall other than a fire wall. Any walled and roofed expansion which is connected by a fire wall or is separated by independent perimeter load -bearing walls is "new construction." Adequate Erosion Control Measures. Structure. or Device: A device which controls the soil material within the land area under responsible control of the person conducting the land -disturbing activity. , ztk Adult Bookstore. An establishment having as a substantial and significant portion of its stock in trade, �/ECtgbooks, magazines and other periodicals, motion picture films which are distinguished or characterized by lriv 4 it emphasis on matter depicting, describing or relating to specified sexual activities or specific eJ`.F. .. ..# ............... Al Wilmington/New Hanover County 248 F December 6, 1996 Draft) Unified Development Ordinance I I I ill 0 �J 11 D Article XV/Definitions w Sec. 1502/Vllords and Terms Defined anatomical areas, as defined in this UDO, or any establishment trading in such books, magazines or other periodicals or motion picture films which limits its customers to persons over eighteen (18) years D of age Adult Cabaret. A commercial enterprise open to the general public without fee or by payment of a "cover D charge" or "membership fee," providing personal services such as bartenders or waiters/waitresses or entertainment by paid employees, customers or unpaid participants which involve exposure completely, or less than completely or opaquely covered, of (1) human genitals, pubic region, (2) buttock, or (3) Dfemale breasts below a point immediately above the top of the areola. Adult Day Care Facile An Adult Day Care Facility is a center or place operated by a person, D corporation, organization or association which receives a payment, fee or grant for the care of more than five (5), but not more than fifty (50), adults eighteen (18) years of age or more for more than four (4) hours per day, but not to exceed twenty-four (24) hours at one time. Services must be provided in a home or facility certified to meet State standards and shall be provided for the following individuals: (a) Adults who do not need nursing care but who require complete, full-time daytime supervision (b) Adults who need assistance with activities of daily living in order to maintain themselves in their own homes; D and (c) Adults who need intervention in the form of enrichment and opportunities for social activities in order to prevent deterioration that would lead to institutionalization. MATP112sia 011 Specified sex.21 activity UL sp"ified anatunric2d areas, including but not 1i ... ited tv. 1. Any operated devims, wirich emphasize specified sexual Incifird M12ttJILIiF_9 SLM. 3 - Ally D , > . Ddefinition dues IlUt include rnass2gts UL SirLLiI3L InanipUldtiUll OffiCred at mr adqu-tic club, hu,31didub, Adult Estab&bment. An adult bookstore, adult motion picture theater, adult cabaret, or a massage D business as defined in this UDO. AdultMotion Picture Theater. An enclosed building used for presenting motion pictures distinguished or Dcharacterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas, as defined in this UDO, for observation by patrons therein, or an D establishment used for presentation of such motion pictures which limits its customers to persons over eighteen (18) years of age. Affiliate: The meaning in 17 Code of Federal Regulations & 240.12(b)-2 (1 June 1993 Edition), which �— defines-"affiliate"—as_a person that directly, or indirectly through one of more intermediaries, controls, is controlled by, or is under common control o oan ther person. Agricultural land Agricultural land, forest land or horticultural land as defined in NCGS 105-277.2.; , Al Airport New Hanover County Airport --------------------------------- -- ....---...---------------........................-- VYilmington/New Hanover County Unified Development Ordinance D ................................... ..... (December 6, i996 L3lflff) 249 a Article XV/Definitions ....................................................................................................................•............................................................. Sec. 1502/Words and Terms Defined Airport elevation: The established elevation of the highest point on the usable landing area (31.00 feet above mean sea level). Airport hazard: Any structure, tree, or use of land which obstructs the air space required for, or is a otherwise hazardous to, the flight of aircraft in landing or taking off at the Airport Airport reference point: The point established as the approximate geographic center of the Airport a landing area and so designated, the coordinates of which are: Latitude 34 degrees 16 feet 10.7 seconds, Longitude 77 degrees 54 feet 10.8 seconds. __ , a a A strip of land owned publicly or privately, set aside primarily for vehicular service access to the Ate' P P y P R P Y rear or side of property otherwise fronting on a street of a higher classification. a Alteration: Refers to any change or modification to an existing sign, but shall not include routine maintenance, painting or change of copy of an existing sign. Animated sign: Any sign which uses movement or change of lighting to depict action or to create a special effect or scene (compare "Flashing Sign). Appeak A request for review of any decision which enforces or interprets this UDO (floodplain a management). Approwd, Any standard, procedure, provision, construction, improvement or plat which has been either reviewed or inspected and found to be in compliance with and acceptable in accordance with the plans and policies officially adopted by the Governing Body. . a Anhitectural detail• An architectural detail is any projection, relief, change of material, window or door opening on any building. O Area of shallow flooding A designated AO or VO Zone on the Evuntyzs•Flood Insurance Rate Map (FIRM) with base flood depths from one (1) to three (3) feet where a clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where velocity flow may be a evident. Y - •il ' Y 1486, with Flood insuLmme •te Maps •N • dated Aprif 2, 1986 mid Hood Boundary mid Roadway Maps No. 370FH-0065, dated ApLii 2, i986 mxy rev isio i thereta, Areas of special fivad 11".Ld shaii also include tllVb. ZLMLS identified by the Federai w • Boundary N If M VA, A Wilmington/New Hanover County JDecember • • • •Draft)- • Development Ordinance Article XV/Definitions ................................................................................................................................................................................. Sec. 1502/Words and Terms Defined Area of special flood hazard: The land in the flood plain within the Eoarrtysubject to a one percent (1%) or greater chance of flooding in any given year. Artificial Obstruction: Any obstruction which is not a natural obstruction, including any which, while not a significant obstruction in itself is capable of accumulating debris and thereby reducing the flood carrying capacity of the stream. Attacbed sign. Any sign attached to, applied on, or supported by any part of a building (such as a wall, Droof, window, canopy, awning, arcade or marquee) which encloses or covers usable space. Automotive Carr Center: Three (3) or more automotive care uses planned and constructed as a single unit, where the following uses and activities associated with each would be permitted: (1) Auto parts store; (2) Muffler shop; (3) Transmission shop; (4) Tune-up shop; (5) Lubrication shop; (6) Auto trim and detail shop; (7) Tire store with service (including alignment); (8) Brake shop. Uses permitted do not include n major mechanical and body work, straightening of body parts, storage of automobiles not in operating '1 lI condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in facilities of this type. An automotive care center is not a garage for the general repair of automobiles, or a body shop, but may include an automotive trim shop.. Awning. A separate roof -like structure stretched over a frame which projects from the wall of a building and of a type which may be retracted, folded or collapsed against the adjacent building wall. Awning materials include canvas, canvas -like synthetic materials; and metal materials. Awning sign or canopy sign. A sign attached or applied to a canopy, awning or other roof -like structure. Banner. A suspended sign made of a flexible material such as canvas, sailcloth, plastic or waterproof paper. Barrier Islands: Any land formation composed of unconsolidated materials lying on the ocean side of the mainland. Estuaries or wetlands separate the islands from the mainland. Base food The flood having a one -percent chance of being equaled or exceeded in any given year, also known as the 100-year flood Base fload. 41te flood ha Basement- That rawest level or story which has its floor sub -graded on all sides. - Bed and Breakfast.- A -58 is a form of guest lodging in which bedrooms are rented and breakfast is served. a , . The term is intended to describe the offering of temporary lodging in a private home having architectural and historic interest, rather than the provision of food service or the offering of facilities for long-term occupancy. The only. functions permitted are the renting of guest rooms and serving of breakfasts. — U Being Conducted: A land -disturbing activity has been initiated and permanent stabilization of the site has '. not been completed. Bikeway- A new right-of-way or portion of an existing right-of-way restricted for exclusive use ............................................................ by° .....................................................................................................h.'.. Wilmington/New Hanover County . Unified Development Ordinance (December 6, 1 96 L3 flTT) 251 4-11 Article XV/Definitions ................................................................................................................................................................................. Sec. 1502/Words and Terms Defined bicycles, with the exception of areas designated for motorized vehicles and pedestrian cross -flow in accordance with the bikeway ordinance. A"Lj! &. lL t1QL%.GL VL 1Q11%A, WALLV111J —1ULba.' JYLLVYIl— ✓' tJ4al JK..�.4J, autc,aa�u�.a, a aavu..a aabaa�J yr �r�, or a cutribirtation then 7 7 Block: A parcel of land which is bounded by streets, highways or railroad rights -of -way, parks or open space, undeveloped land, watercourses or bodies of water, channels or a combination thereof. 93 a ,* • • I am ■ • •I I I wom. • • • • ■ • n .w • • • . • ■ • n 1,17.1 ,. • ■ ■ ■ • mat: A vessel or water -craft of any type or size specifically designed to be self-propelled, whether by engine, sail, oar, or paddle or other means, which is used to travel from place to place by water. Borrow Fill material which is required for on -site construction and is obtained from other locations. r..., ... ...40,11... .• .. .. 9 4 nei my 9 two,1 .. 1.1 a. Ir. �1a•�•1•zii•1e•ni-i•�•nn.n.��■t•t•:•�nter�.a•sw:•i•t•r.�.1•.K•r.�=ai• a.r•..r.�:��es•!n•t-tar.. •�n•1•rrr,...�� ■ . • Breakaway walk A wall that (1) is not part of the structural support of the building and is intended through its design and construction to collapse under specific lateral loading forces without causing damage to the elevated portion of the building or the supporting foundation system and (2) has a design - safe loading resistance of (a) not less than ten and no more than twenty pounds per square foot or (b) more than twenty pounds per square foot and is certified by a licensed architect or registered professional engineer. Buffer Zone: The strip of land adjacent to a lake or natural watercourse. Buildable Area: The portion of a lot. remaining after required yards have been provided. Joneirl-ga) SWI two 1 It" to to tw�12111. 9 sl�l 5 a 9 too am I QwRGi =fig] 4 9 twi I III a I[w QwWi i 'S See "structure". as �s,s•�.�,� Wdr.�•e 252 r s r C(December 6, 1996 Draft) -----------------------------------•------...----.............."'-..."----" Wilmington/New Hanover County Unified Development.Ordinance I I I it 0 it i i 0 0 I 0 I J Article "Mefinitions ................................................................................................................................................................................. Sec. 1502/Words and Terms Defined Buildingfacade. The face or faces of a building oriented in the same direction, or within a forty-five (45) degree angle of the same direction, including roof and wall. •J. I I L- I1. is fl f.7.l•1"IL91 • . IiIIM •�� • • • • • . • ■ • • ■ ....... , .. ...... ,.. ....... �...... . lai . . Building line. The line, established by law, beyond which a building shall not extend, except as specifically provided by law. Building.• See "structure." Building Setback Line: A line parallel to the property lines in front of which no structure shall be built. Cabinet and Woodworking Shoos: Establishments engaged in -manufacturing cabinets, fabricated mill work, hardwood dimension, and related wood products, but excluding furniture manufacturing and the processing of raw logs from the field. Caliper. A measurement of the diameter of a tree trunk. Such measurement shall be taken according to the following standards: (1) New nursery (to be installed) and non -regulated (existing on -site) trees --Trees up to and including four (4) inches in diameter shall be measured six (6) inches above ground level. For trees above four (4) inches in diameter, the caliper measurement shall be taken twelve (12) . inches above ground level. (2) Regulated (on -site) trees --The caliper of regulated trees shall be measured four and one-half (4 1/2) feet above ground level. Canopy. A permanent attached roof structure projecting from and supported by a building, when such covered structure extends beyond the building, building line or property line. The term canopy shall include bank teller canopy and service station island canopy. Cemete Parcel of land used for the permanent interment of one (1) or more dead human bodies and uses customarily incidental to the operation of a cemetery. Central Business District or CBD. That area in the City of Wilmington, excluding the Historic District and the Front Street Mall as defined herein, designated for commercial purposes, the boundaries of which are delineated upon the official zoning map.., . Certificate of appropriateness: A permit issued by the Historic District Commission, and signed by the chairman and secretary of the commission stating that the exterior architectural or visual features of a structure and improved landscape or natural features are consistent with the historic character or characteristics of the HD, HD-R or HD-0 districts in which the structure, improved landscape or 43�" "k natural feature is proposed to be altered, restored, reconstructed, constructed, moved or demolisheclo,�. otherwise changed. In the application and review process for a certificate of appropriateness, the ........................................................................................................................................................... ........ ..... Wilmington/New Hanover County Unified Development Ordinance (December 6, 16 [cart) 253 O Article XV/Definitions .................................................................................................................................................................................. Sec. 1502/Words and Terms Defined following definitions shall apply: (1) Draz ngs. Elevation renderings of any proposed new construction, reconstruction, alteration or restoration to any existing structure, improved landscape or natural feature. Elevation renderings shall depict proportions, width and dimensions as a harmonious part of a whole. (2) Plotplan. A graphic rendering of affected property showing location and interrelationship between structures, rights -of -way and property lines. Certiorari: An appellate proceeding which brings into superior court or other appropriate forum the record of administrative, judicial or quasi judicial actions for the purposes of either re-examining the action taken by the inferior body to determine the appropriateness of said action or to obtain further information in the pending case. Changeable copy jign. Refers to any sign which is characterized by changeable characters or symbols, regardless of method of attachment, electronic changeable copy signs shall not change or alternate messages more frequently than once every sixty (60) seconds. Character. Any letter of the alphabet or any numeral. Child day care center. A place receiving a payment, fee or grant for the care of more than five (5) children, thirteen (13) years of age or less, for more than four (4) hours per day, without transfer of custody. Child day care home: A home or facility, registered in G.S. article 7 of chapter 110, wherein at least two (2) but not more than -five (5) children less than thirteen (13) years of age receive care away from their own home by persons other than their own parents, legal guardians, or relatives within the fourth degree of kinship, on a regular basis more than once per week for more than four (4) hours per day. 'flic facility be -counts 1- Cooperative arrangements among parents to provide care for their own children as a convenience rather than for employment are not included, provided there are no paid staff. Eirild-day C=Irild day care hunIMS 2M FMITitted by right it. ali residential districts. Church. Club or Private Lod= -.An incorporated or unincorporated association for civic, social, cultural, religious, fraternal, literary, political, recreational or like activities, operated on a non-profit basis for the benefit of its members, and certified as a non-profit organization by the Secretary of State of the State of North Carolina. City: The City of Wilmington, North Carolina. Clearance o a rigni : The smallest vertical distance between the grade of the adjacent street, sidewalk, or if street curb and the lowest point of any sign, including framework and embellishments, extending over that grade. f� Gkaastal Counties: The following counties: Beaufort, Berrie, Brunswick, Camden, Carteret, Chowan, *. �C " en Currituck Dare Gates Hertford Hyde New Hanover Onslow, Pamlico Pasquotank Pender, A'k ,. > > ':.... ..................•--------...-----...-----.....---...........------------------------------ ... g Wilmington/New Hanover County 254 �;-JDecember 6, 1996 Draft) Unified Development Ordinance a Article XV/Definitions Sec. 1502/Words and Terms Defined Perquimans, Tyrrell and Washington. Coastal high hazard area: The area subject to high velocity waters, including, but not limited to, hurricane wave wash or tsunamis. The area is designated on a FIRM as Zone V1-30. [IlVSERT OFMCIAL]. The city appointed official responsible for the enforcement of this UDO and for �j the review of building permit applications to ensure compliance with the provisions of this UDO and any other assigned codes or local laws. Collection Facility Collection facilities are those centers and apparatus used as drop points for temporary storage of recyclable materials, such. as metal, glass, plastics or newspapers. There are two types: 1� Small Facility: A facility typically not over 500 square feet in size which may be a mobile unit or separate containers, such as igloos, or kiosks located on host lots. m, Large Facility: A facility that buys or accepts recyclable materials for the purpose of storage until enough has accumulated for shipment. The facility is usually larger than 500 square feet and occupies a single site. Commercial Marina: Any dock or basin and associated structures commercially providing permanent or temporary harboring or storing of two (2) or more boats (pleasure or commercial), and providing marine services, included but not limited to retail sales for fuel, repair, convenient food stuffs, boats, engines, and accessory equipment Commission: The North Carolina Sedimentation Control Commission (Erosion control). Common open .space. A parcel or parcels of land or an area of water or a combination of both land and water within the boundaries of the development, which is designated and intended for the leisure and recreational use of the residents of the development, not including streets or off-street parking areas. Common open space shall be substantially free of structures, but may contain such improvements as are in the plan as finally approved and are appropriate for the benefit of residents of the development. Community Boating Facility: A private, non-profit boating facility including a dock, pier or launching ramp on property having water frontage; the use of which is intended to serve five (5) or more residential lots or residential units. The right to use such a facility must be conferred by an easement appurtenant to the residential lot it is intended to serve. No commercial activities of any kind shall be allowed within the confines of the facility. Completion of Construction or Developmen , No further land -disturbing activity is required on a phase of a project except that which is necessary for establishing a permanent ground cover. Contiguorupmperty.� All parcels or tracts of land under single ownership which continuously abut or adjoin each other. Construction sign. A sign identifying a contractor or contractors work on a development under x construction, or materials being used in a development under construction.; Convenientfood store. A structure in which food stuffs, beverages, pharmaceuticals, small householdq� r a } -------------------------------------------------------------------------------------------------------------------------------------------------------- -- -------- .. Wilmington/New Hanover County (December 6, 6 [3i' Unified Development Ordinance T99flff) 255 �. Article XV/Definitions .................................................................................................................................................................................. Sec. 1502/Words and Terms Defined supplies and small personal items are retailed, provided that the gross floor area of the structure shall not exceed three thousand five hundred (3,500) square feet. Commonly a neighborhood grocery -type of store selling personal goods and wares that typically can be hand -carried from the premises by the buyer. Corner ions. A conversion is the modification of an existing residential structure to increase its density by one or more housing units. Corner lot.- A lot abutting upon two (2) or more streets at their intersection. Co_untyty: New Hanover County, North Carolina, a political subdivision of the State of North Carolina. Comrage. An area determined in square footage. Critical Area: The area adjacent to a water supply intake or reservoir where risk associated with pollution is greater than from remaining areas of the watershed. The critical area is defined as extending either one-half mile from the normal pool elevation of the surface water in which the intake is located or to the ridge line of the watershed, whichever comes first-, or, one-half mile upstream form the intake located directly in the stream or run -of -the -river or the ridge line of the watershed, whichever comes first. Curb. A structural element at the edge of an existing or proposed street or other way, generally at a higher elevation than the adjacent edge of roadway, installed to deter vehicles and water from leaving the roadway, to otherwise control drainage, to delineate the edge of existing or future roadways or driveways, to present a more finished appearance to the street, to assist in the orderly development of the roadside and to contribute to the stability and structural integrity of the pavement. Dedication: A gift, by the property owner, of a right to use land for stated purposes. This gift is generally made to the general public or to certain specific members of the public, notably purchasers of lots. However, a dedication in itself is not a commitment on the part of the City, County or other government entity to maintain or develop said property. Demolition -Landscape Landfill: Shall mean a sanitary landfill that is limited to receiving stumps, limbs, leaves, concrete, brick, wood, uncontaminated earth or other solid wastes as approved by the N.C. Department of Human Resources. Solid and Hazardous Waste Branch. Density Factor. An intensity measure expressed as the number of units per "net buildable site acre" {as . The density factor establishes the permitted density on the buildable portion of a High -Density Residential Development site. DDcpartment The North Carolina Department of Environment, Health, and Natural Resources (Erosion a control). ptWhed sign: A sign supported by one or more upright poles, columns or braces permanently anchored ,4� Wrk< cured in or upon the ground surface and not attached to any building or structure; or any sign, A#--••-------•---....---•-----....--•.............g••-••-------•-••---••••-•.-••_.. ............•--...... '.lt Wilmin ton/New Hanover County 256eyIDecember 6, 1996 Draft) Unified Development Ordinance Q Article XV/Definitions ..........:....................................................................................................................... Sec. 1502/Words and Terms Defined whether it is on a trailer, wheels or otherwise, which is not permanently anchored or permanently attached to the ground or building. . Developed or development. Any new construction, not otherwise excluded by the provisions of this UDO. (landscape) Developer or subdivider: Any person, firm or corporation [that] owns or has an interest in land and causes it, directly or indirectly, to be divided into a subdivision as defined herein. REM*Ma• 26nly ILTUrtridde Development Any man-made change to improved or unimproved real estate, including but not limited to, buildings or other structures, miring, dredging, filling, grading, paving, excavation or drilling operations. Development shall not be construed or interpreted to include any bona fide farming activities. (Floodplain management) Directional sign (on )rrmises): A sign or guide to direct pedestrian or vehicular traffic on the premises on which it is displayed. Examples include "in," "out," "entrance," and "exit." Discharge Point That point at which runoff leaves a tract of land. Disb antenna: Any accessory structure which shall be one, or any combination of the following. (1) Antenna or dish antenna whose purpose is to receive communications of other signals from orbiting satellites or other extraterrestrial sources; (2) A low noise amplifier which is situated at the focal point of the receiving component and whose purpose is to magnify or transfer signals. •witf�S•�•■■��•.■a•��■r.��t.a■l�rlt•I•%S�■S■�fl• • • • • , Dormitory, private: A type of residential accommodation which is characterized by a direct or indirect association with a particular educational, religious or corporate institution and by full-time, on -premise management. Dormitories may contain restroom and cooking facilities within the individual units of accommodation (apartment format) or within common areas outside the individual units of accommodation (boarding house format). A unit of accommodation may therefore be an apartment or a suite containing up to six (6) separate sleeping quarters (apartment format), or it may be each separate sleeping quarters (boarding house format). A private dormitory is not a housing unit, in that it permits the sharing of an individual residential structure or unit by more than three (3) persons unrelated by blood or marriage. 4. Double frontage lot: A continuous (through) lot accessible from both streets upon which it fronts. (S`�Qmer A ...................................................................... Wilmington/New Hanover County Unified Development Ordinance (December 6, T6 L3affj 257 Article XV/Definitiona.................................................................................. Sec. 1502/Words and Terms Defined lots fronting on three (3) streets are included. Double faced rign. A sign with two (2) faces. Dri:ae-up bank ill fad ty. A device designed to permit access to bank teller services by persons in automobiles. Dfixvay, private: The area outside a street intended to serve as ingress or egress for vehicular traffic between the street property line and an off-street parking area outside the street. Ddx vay, public: The area between the roadbed of a public street and other property, designed for, or installed, serving.as ingress or egress for vehicular traffic between such roadbed or traveled portion of the street and an off-street parking area or private driveway. Dwelling, Mobile Home. Double --wide: Mobile home built and transported on two (2) or more separate chassis, designed to be joined into one (1) integral unit that measures at least 24 feet by 40 feet-, has a gabled roof, is permanently affixed to a continuous permanent masonry foundation unpierced except for required ventilation and access; has all its wheels, axles, transportation lights and towing apparatus removed. Dwelling, Mobile Home: Mobile home means a movable or portable dwelling over thirty-two (32) feet in length and over eight (8) feet wide, constructed to be towed on its own chassis and designed without a permanent foundation for year-round occupancy, which includes one (1) or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two (2) or more units separately towable but designed to be joined into one (1) integral unit, and not complying with the North Carolina State Uniform Residential Building Code. Dwelling, Sin e-family A detached residential dwelling unit other than a mobile home, designed for and occupied by one (1) family only. Dwelling,Singie family Attached: An attached residential dwelling unit, designed for and occupied by one (1) family only. Dwelling, Two -Family olez): A detached residential building containing two (2) dwelling units, designed for occupancy by not more than two (2) families. Dwelling Unit. One (1) or more rooms together, constituting a separate, independent housekeeping establishment for owner occupancy, or rental or lease on a weekly, monthly or longer basis, and physically separated from any other rooms or dwelling units which may be in the same structure, and containing independent cooking and sleeping facilities. Easement A grant by the property owner for use, by the public, a corporation or person of a strip of land for specific purposes. ,Easement: Authorization by a property owner for the use of land by another for a specific purpose. No sfer to ownership is involved. Although land located within an easement is generally consumed into tficoperty of an individual lot owner, the easement shall remain free of structures or any aboveground Wilmington/New Hanover County 258 (December 6, 1996 Draft) . Unified Development Ordinance Article XV/Definitions .............................................................................................. .• -- --........................................................................ Sec. 1502/Words and Terms Defined level improvements in order to allow personnel from the appropriate agencies unobstructed access in order to maintain the easement for its specified purpose. Electric sign: Any sign containing electric wiring This does not include signs illuminated by an external source of light. Elevated building: A non -basement building constructed to have the lowest floor elevated above the ground level by means of fill, solid foundation perimeter walls, pilings, columns (post and piers), shear walls, or breakaway walls. Ene= Dissipator A'structure or a shaped channel section with mechanical armoring placed at the outlet of pipes or conduits to receive and break down the energy from high velocity flow. Erosipn: The wearing away of land surface by the action ofwind, water, gravity, or any combination thereof. Essential sitv improvements. Any construction or reconstruction of site development features required by any local, state or federal regulations, ordinances or laws, such as underground drainage, off-street parking, driveways, retention areas or similar improvements required for the intended use of the site, which cannot be accommodated on the site without removal of regulated trees. Existing manufactured home park or manufactured home subdivision: A manufactured home park or manufactured home subdivision, as defined herein, for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, either final site grading or the pouring of concrete pads, and the construction of streets) has been completed before ?EFFECTIVE DATE of FLOODPLAIN ORD TO BE INSERTED. Existing manufactured home park or manufactured home subdivision: A manufactured home park or manufactured home subdivision, as defined herein, for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of utilities, final site grading or the pouring of concrete pads, and the construction of streets) has been completed before ? Expansion to an existing manufactured homy park or manufactured home subdivision: The preparation of additional sites by the construction of facilities for serving the lot on which the manufactured homes are to be affixed (including the installation of utilities, either final site grading or pouring of concrete pads, or the'construction of streets). Exterior architectural feature: The architectural style, general design and general arrangements of the exterior of a building or other structures including the kind, texture and color of the building materials, the size and scale of the building, and the type and style of all windows, doors, light fixtures, signs and other appurtenant features. Facade. The entire building front including the parapet. Family can home: A home, licensed pursuant to G.S. chapter 131D, article 1, that provides room and board, personal care and habitation services in a family environment for not more than six (6) permanent, resident handicapped persons. Fami1X: One (1) or more persons occupying a single dwelling unit, provided that unless all member ace .........................................................................................••-----------....................................................... ...... :< =` --.--- Wilmington/New Hanover County Unified Development Ordinance (December 6; 196 L3tai) 259 Article XV/Definitions .................................................................................................................................................................................. Sec. 1502/Words and Terms Defined related by blood, adoption, or marriage, no such family shall contain over three (3) persons, but further provided: (a) that domestic servants employed on the premises may be housed on the premises without being counted as part of the family residing on the premises; and (b) that a foster home as designated by the North Carolina Department of Social Services for the care of not more than five (5) children less than eighteen (18) years of age be considered as family; and (c) that any child less than eighteen (18) . years of age livingwith parent(s) or legal guardian is not to be counted as a person in calculations hereunder. Family.• One (1) or more persons related by. blood, adoption or marriage, living and cooking together as a single housekeeping unit in a dwelling unit, exclusive of household servants. For purposes of this UDO a number of persons but not exceeding two (2) separate from and in addition to the persons related by blood, adoption or marriage, may live and cook together as a single housekeeping unit in a dwelling unit although they are not all related by blood, adoption or marriage and shall be deemed to constitute a family. Provided, however, that this definition does not include congregate residential care facilities including family care and group care facilities; foster homes for children; homes for the aged and infirm; family care homes for the aged and infirm; day care facilities including day care centers and family day care homes; shelter homes for children or families including foster shelter homes and group shelter homes; adult day care centers; day nurseries; preschool centers; hospitals; nursing homes; sanitariums; and dormitories and fraternal organizations if otherwise defined or provided for in other sections of this UDO. Farmers market. An establishment primarily engaged in the retail sale of solely fresh fruits and fresh vegetables. Such uses are typically found in public or municipal markets. Federal Emergency Management Agency (FEMA): The federal agency by that name. Flags. Refers to devices generally made of flexible materials such as cloth, paper or plastic, and displayed on a flagpole. Flashing sign. An illuminated sign of direct or indirect lighting on which the artificial light flashes on and off in regular or irregular sequences. Floating Sip: Any sign painted on or attached to any boat or structure which floats or is designed to float, whether such boat or structure is self propelled or not. Floating Structure: Any structure or vessel in fact used, designed and occupied as a permanent dwelling unit, business -or source of any occupation or any private or social club, which floating structure or vessel is primarily immobile and out of navigation or which functions substantially as a land structure while the same is moored or docked on waters within Eounty-the area of jurisdiction of this UDO; whether such floating structure is self-propelled or not. Flood or flooding A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters or the unusual and rapid accumulation or runoff of surface waters -from any source. a� . A r<. Boundag and FloodwayMap: An official map of d�ncEity; issued by the Federal Emergency, - • ..< --------------------------------------------------------------------------------------------------------------------------------------------------------------------- Wilmington/New Hanover County 260 µ Q"(December 6, 1996 Draft) Unified Development Ordinance Article XV/Definitions ..................................................••.............................---............................................................................................. Sec. 1502/Words and Terms Defined Management Agency, designating the boundaries of special flood hazard areas. Flood Hazard Boundary Man (�FF-i_BM): An official map of a community, issued by the Federal Insurance Administration, where the boundaries of the areas of special flood hazard have been designated as Zone A. Flood Inrurana Date Map gU M): An official map oFdx-Eitron which the Federal Emergency Management Agency has delineated both the areas of special flood hazard and the risk premium zones F� applicable to the community. Flood inrurancr study: The official report examining, evaluating and determining flood hazards provided by athe Federal Emergency Management Agency. The report contains flood profiles, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. elevation of the base flevd: Flood lain or od rone area: An land susceptible to bein inundated b water from an source. p .� p y eP g Y Y P00d "!:Till LJL flond nrunc= Airy 1,urd susceptible to being inandated by Wilh.;;L fTU11L MY 3UULI-C. Flood Plain: That area which experience has shown to be or which expert opinion holds likely to be, subject to high water conditions connected with tide, storm or seasonal changes. in ur&r to discharge die base flood without canialittively increasirS die water �Ul.fiace elevation inure than-vne-Foot Floodway The channel of a river or other watercourse and the adjacent land areas that must be reserved ' in order to discharge the base flood without cumulatively increasing the water surface elevation more than one (1) foot. QFloor. Any top surface of an enclosed area in a building, including basement, such as the tap of a slab in concrete slab construction or the top of wood flooring in wood frame construction. The term does not include the floor of a garage used solely for parking vehicles. Floor Area Ratio: Floor Area Ratio equals the total floor area of all structures located on lot divided by the gross lot area. FARm 11 'Led by die 1-z'x r. s Wilmington/New Hanover County...............................••----...----....._...........- •-•--•----�b�w;:---.. ��.... Unified Development Ordinance (December 6, 1996 Q=k ff) 261 0 Article XV/Definitions .....................................................................................................................•••••........................................................ Sec. 1502/Words and Terms Defined Fraternity or sorority house. A building occupied by and maintained exclusively for college or university .. students who are affiliated with a social, honorary or professional organization which is chartered by a national fraternal or sororal order and which is so recognized by the college or other institution of higher fl education. Frrertanding sign: A sign permanently supported upon the ground by poles or braces and not attached to any building (a) Auxiliary - A freestanding sign allowed for a property having in excess of one hundred (100) linear feet of road frontage; one auxiliary freestanding sign shall be permitted for each one hundred (100) linear feet of road frontage. Auxiliary signs may contain up to fifty (50) percent of the allowable area of primary freestanding signs or twenty (20) square feet, whichever is greater. Auxiliary signs shall not be permitted within fifty (50) feet of any other auxiliary or primary sign located on the same parcel of property. No more than two (2) auxiliary freestanding signs shall be permitted on each road frontage for each parcel of property. (b) Primary - The main freestanding sign allowed for a parcel of property. FmntStreetMalk Buildings and premises with frontage on Front Street between Market Street and Walnut Street. Fuel pump island. • Any device or group of devices used for dispensing motor fuel or similar petroleum products to the general public. - 11 ofbases), physically conn"ted to., fud IJUILT mid the ground, shali be tit. iJaLt UF dIV, fad FULTIP ibimid .� 0 Functionally dependentfad ty.• A facility which cannot be used for its intended purpose unless it is in close proximity to water, such a docking or port facility necessary for the loading or unloading of cargo or passengers, ship building, ship repair, or seafood processing facilities. The term does not include long- term storage, manufacturing, sales, or service facilities. Garage apartment. A detached accessory or subordinate building to an existing single-family dwelling, containing living facilities for not more than one family and having sufficient enclosed area for one (1) parked automobile. Garage, private: A building or space used as an accessory to or a part of a principal building permitted in any residential district, and providing for the storage of motor vehicles and in which no business, occupation or service for profit is conducted ;Ma Garage, public: Any building or premises, except those described as a private garage, used for the storage ..care of motor vehicles, or where any such vehicles are equipped for operation, repaired or kept for , sale. --------------- •--•-----------------••------.--.-----.--.----------------•--------•--------•------.---.----•--••-------- g ..xY Wilmin ton/New Hanover County 262 r 0> �x(December 6, 1996 Draft) Unified Development Ordinance 0 ... ..... ........................... ...... .................................Article XV/Definitions Sec. 1502/1Nords and Temps Defined Governing Body. ? Governmentsign: Any temporary or permanent sign erected and maintained by the city, county, state, or L1� federal government for traffic direction or for designation of or direction to any school, hospital, historical site, or public service, property, or facility. Ground Cover. Any natural vegetative growth or other material which renders the soil surface stable against accelerated erosion. j Group Development A group of two or more principal structures built on a single lot, tract, or parcel of land and designed for occupancy by separate families, firms, businesses, or other enterprises. Guest lodging: A premises in which rooms are rented, with or without board, on a fee basis to permanent or transient guests; provided all accessory services, such as dining rooms, shall be available to such guests only and not open to the general public. Handicapped persons: A person with a temporary or permanent physical, emotional or mental disability including but not limited to mental retardation, cerebral palsy, epilepsy, autism, hearing and light impairments, emotional disturbances and orthopedic impairments, but not including mentally ill persons who are dangerous to others as defined in G.S. section 122-58.2(1)b. Hazardous Materials: Any substance listed as such in the Superfund Amendments Reauthorization Act (SARA), Section 302, Extremely Hazardous Substances, CERCLA Hazardous Substances, or Section 311 of CWA (oil and hazardous substances). Health spar. A commercial enterprise, private club, or business established for the purpose of providing an indoor facility for physical exercise with the use of athletic equipment and accessory services. The term "health spa" includes private exercise clubs, figure salons or health clubs. if , sucir Height.• As applied to a sign, height shall be measured as the vertical distance between the highest part of the sign or its supporting structure, whichever is higher, and a level plane going through the nearest point of the improved public right-of-way at the ground level curb line. Heigh For the purpose of determining the height limits in all zones set forth in this Ordinance (Airport zoning) and shown on the Zoning Map, the datum shall be related to mean sea level elevation unless otherwise specified. measured from the avers elevation of the proposed finished Heigh, Building: The vertical distanceaverage p p grade at the front of the structure to the mean level of the slope of the main roof. Flieh-Density Residential Development Any residential development which exceeds the density limit established in the applicable zone. Hi hest adjacentgrade. The highest natural elevation of the ground surface next to the proposed walls of g .1 g�' gh the structure before construction begins. High Quality Waters: those classified as such in 15A NCAC 213.0101(e) (5) - General Procedures, whiff% is incorporated herein by reference to include further amendments pursuant to G.S. 150B-14(c). w ................................... ± ..p,�.N.�.,.�M. Sf...... ..................... Wilmington/New Hanover County Unified Development Ordinance (December 6, 46 t3tai) 263 0 ... ..... .... .....................................................................Article XV/Definitions Sec. 1502/Vllords and Terms Defined Historic.. restaurant purposes and which has been in continuous use and operation for restaurant purposes since the date of the initial zoning classification of said site pursuant to the official zoning map. aRievv Home .,support Msidi,T art the prernises shall be engagd in sad (b) or family occupying the premises for use as a principal residence. hunne accu Fation shall be clearly incidental ,I • • I • •1 • far residential • • I • by . . • 1 . traffic hA be gMCLated. •sad.. . . . . . . VoluMea. thall Waal 1101111ally be expected inA Lasidential A141bUdimid, arid miy need fOL IJALIdIs genrrated by tit,- W-Unduct I_JLiIIA2LiIY,w ■ 1 ifIcludirTpickup trucks ,1 •stqrtype nurs• 1 •shall be FCLInitted CUIUMV-6011 withdit. canduct• •ie �_MtUIIIUYhUL •LLjUipIITCIIt• • • .1li be USed in suchhunt, • • • , • • which c • . ■ • fMILM,• • ,1 • • Al • • • I ,I UL AUCRbICMly LildiU • • • ViSib!ChVIIIthe ,1 • flM SCIELIg• ,1 •I Ur • • VFXIML;_hMIdibe• J • ••L (4) students at a •. Hotel (motel): A building providing sleeping accommodations commonly available on a daily basis for pay to transient or permanent guests or tenants, in six (6) or more rooms. Dining rooms, restaurants or cafes, if existing, shall be conducted in the same building or buildings in connection therewith. Hotel /Motel: An establishment containing multiple guest rooms designed without independent cooking facilities and intended for temporary lodging, entertainment and various personal services for pay to the traveling public. Housing types. (1) Singlefamily detached A structure other than a mobile home containing one (1) housing unit only. (2) Muki family: A structure containing five (5) or more housing units, none of which are available for rental periods of less than one (1) month. (3) Duplex A structure containing two (2) housing units only. (4) Tip&% A structure containing three (3) housing units only. (5) QuadrapA structure containing four (4) housing units only. (6) Zero lot line homdng unit• A single-family detached housing unit {� placed on a lot such that a windowless wall is placed on one side property line and the footage required Lj for two (2) side yards is placed on the other side property line as the total side yard requirement for the, "^ lot. (7) Low incnme/eldedly.• Housing provided solely for the residential use of one or both of the folloynµ v group of persons. (a) Low income families: Families (as defined herein) whose income is below eighA(0�A Y 9...... Wilmington/New ton/New Hanover Countyg "" ' Unified Development Ordinance (December 6, 1•996fl 265 Article XV/Definitions ...............................................................................................................................................................................--- Sec. 1502/Words and Terms Defined percent of the Wilmington area median family income as determined by the U.S. Department of Housing and Urban Development. (b) Elderlypersons. Persons who are sixty-two (62) years of age or older. Housing unit . See "Dwelling unit." Illegal sign: A sign which does not meet the requirements of this UDO and which has not received nonconforming status. Illuminated sign: A signwith an artificial light source incorporated internally or externally for the purpose of illuminating the sign. jl Imported landscape: Gardens, parks, parking lots or any other proposed outside improvements including any planned vegetation, public street f imiture, masonry walls, fences, light fixtures, steps and pavements or other appurtenant features. Incidental sign: A single face or double face non -illuminated professional or announcement sign attached wholly to a building, window or door containing information relative to emergencies, store hours, credit cards honored and other similar accessory information. In=erative Motor Vehicle: A motor vehicle which meets only one of the following criteria: (1) Is presently unable to satisfy the vehicle inspection standards of the State of North Carolina, regardless of whether said vehicle possesses a currently valid inspection certificate. Motor vehicles which lack such an inspection certificate, or which display an expired certificate, shall be presumed to be inoperative; or (2) Is partially dismantled or wrecked; or (3) Cannot be self-propelled or moved in the manner in which it originally was intended to move. Integral sign Names of buildings, dates of erection, monumental citations, tablets and the like when carved into stone, concrete or similar material or made of bronze, aluminum or other permanent type construction and made an integral part of the building. Ut bCLAP %-UWrL, brass, Lvp%;;, Lags, ba . i ' trZS!r, Lubber UT dibL,4Lde&, dismantled UL ICI-k-C Link Yard: An establishment or place of business maintained, operated or used for storing, keeping, n buying or selling of junk. The term junk shall be defined as old or scrap copper, brass, rope, rags, �I batteries, paper, -trash, rubber or junked, dismantled or wrecked automobiles, or parts thereof, iron, steel and other old or scrap ferrous or non-ferrous material. Junked trbide. A motor vehicle that: (1) Is partially dismantled or wrecked; and (2) Cannot be self- propelled or moved in the manner in which it was originally intended; or (3) Is more than five (5) years old and appears to be worth less than one hundred dollars ($100.00); or (4) Does not display a current license plate when the motor vehicle is required by laws of this state to have such a license plate to operate on public roads, unless stored within an enclosed structure. l: An establishment wherein any person engages in business or practice, for a fee, of boarding, grooming, letting for hire, or training of more than three (3) domesticated animals at any one fi •...,...------••-------------------------------------------------- tl r Wilmington/New Hanover County 266 p (December 6, 1996 Draft) Unified Development Ordinance Article XV/Definitions Sec. -....•efin.................................................................................-•---.................................. Sec. 1502/Words and Terms Defined time; or an establishment wherein any person engages in the business or practice, for a fee, of selling more than one'(1) litter of domesticated animals at any one time or the selling of any three (3) individual domesticated animals (not defined as litter herein) at any one time. Domesticated animals, for the - purpose of this Ordinance, shall be defined as dogs, cats, and other generally acceptable household pets. Litter, for the purpose of this Ordinance, shall be defined as the progeny resulting from the breeding of two domesticated animals. The following shall not constitute the operation of a Kennel as defined above and in no way shall this provision regulate the following. (a) The ownership of domesticated animals as household pets; (b) The ownership of domesticated animals for hunting or tracking purposes; (c) The rl ownership of domesticated animals for the purpose of exhibiting at shows, obedience or field trails; and u(d) The ownership of domesticated animals for the purpose of protection or guarding of residences or commercial establishments. Kennel commerdal A place or facility established to house, board on a long or short term basis, breed, handle, train, or otherwise keep or care for dogs belonging to the owner or occupant of the property, customers, patrons, or others, or lost or strayed animals, for compensation or as a humanitarian gesture. Kenn rivate. A lace or facility where five 5 -or more do over four 4 months of a are maintained �p P �' () dogs () age by the owner or occupant of the property for the owner's personal enjoyment, hobby or sport, whether or not for compensation. Lake or Natural Watercourse: Any stream, river, brook, swamp, sound, bay, creek, run, branch, canal, waterway, estuary, and any reservoir, lake or pond, natural or impounded, in which sediment may be moved or carried in suspension, and which could be damaged by accumulation of sediment. . Land -disturbing ActiviWr. Any use of the land by any person in residential, industrial, educational, institutional, or commercial development,- highway and road construction and maintenance that results in a change in the natural cover or topography and that may cause or contribute to sedimentation. Landing area: The area of the Airport used for the landing take -off, or taxiing of aircraft. lading .pace, qF-street. Space for bulk pickups and deliveries, scaled to delivery vehicles and accessible to such vehicles at all times even when required off-street parking spaces are filled. Required off-street loading space is not to be included as off-street parking space in computation of required off-street parking space. — -- ----- ---- - -- -- �—_ _ n L' Local Government: An coup incorporated villa town or city, or an combination of counties y t3'� rP $e� tY� y incorporated villages, towns, and cities, acting through a joint program pursuant to the provisions of the ? Act. Igo. A business symbol or trademark. Al tJ .......------------- ------...-•---.........................-......- ...._, .... ... OR Wilmington/New Hanover County Unified Development Ordinance (December 6, T 6 DMI 267 0 Article XV/Definitions ......................................................................................................----•----................................................................... Sec. 1502/Words and Terms Defined Lot- A lot is a parcel of land of at least sufficient size to meet minimum zoning requirements for use, coverage, and area, and to provide such.yards and other open spaces as are herein required. Such lot shall have frontage on an improved public street, or on an approved private�treet, except alleys, and may consist of (1) A single lot of record; (2) A portion of a lot of record; (3) A combination of (a) complete lots of record; or (b) complete lots of record and portions of lots of record; or (c) portions of lots of record 4 A parcel of land described b metes and bounds. < ''zrcxr<"I '`''doles the'wrs°" ` Y :..::::.........c...... N�?r�5#C 3id£t'a�t Y r i • I-r•. �•� •\ � i•ili. r ie I•,\ �.�._• n,�^. �•1 •• r.� n nnr�.r• t •\LI �; a 1\ � ■ r• to V-•I• • • • • • • 1 •11 .. • • • • • ■ • • • • • • • • • • • • • ■ • • • • . . • w • • • .. • ,. • • • • \ . • ,. • • Lot comrage: That portion of a lot occupied by a structure, either at ground level or the equivalent thereto when a structure is elevated on pilings. Lot depth: The distance between the midpoints of straight lines connecting the foremost points of the side lot lines in front and the rearmost points of the side lot lines in the rear. Lotfinntage: That portion of a lot abutting a street. For the purpose of determining yard requirements on comer lots and through lots, all sides of a lot adjacent to streets shall be considered frontage, and yards shall be provided as indicated under "yards" in this section. No lot shall front on an alley. Lot Front ge: The front of a lot shall be construed to be that portion abutting on a street, including the side dimension of a comer lot. For the purpose of determining yard requirements for comer lots in Residential Districts, the minimum width of a side yard along an intersecting street shall be fifty (50) percent greater than the minimum side yard requirements of the district in which the, lot is located, or one-half (1/2) of the minimum front yard setback along the side street, whichever is greater. Side yard requirements of comer lots in Business, Office and Institutional, and Industrial Districts shall be the same as the front yard requirements of the district in which the lot is located. Through lots shall be considered to have two (2) front yards. Lot line: A line dividing one lot from another, or from a street or other public space. 1.4at= of deed52 VL it !Ut VL F=cel described by metes ;aid bounds, dre descripdon of wiiich has bem Al. Record: A lot which is part of a subdivision recorded in the Office of the Register of Deeds, New over County, or a lot or parcel described by metes and bounds, the description of which has been so 4 r ::' ded ,. .... ,<----------------••----••----...---...---••-----------•-----•-----..........------------.....----......9....---................---•----••--........................ Wilmington/New ton/New Hanover County 268 'f �IDecember 6, 1996 Draft) Unified Development Ordinance Article XV/Definitions Sec. 1502/1Nords and Terms Defined - Lot typer. (1) Corner lot (A): A lot located at the intersection of two (2) or more streets. A lot abutting on a curved street or streets shall be considered a comer lot if straight lines drawn from the foremost points U of the side lot lines to the foremost point of the lot meet at an interior angle of less than one hundred J thirty-five (135) degrees. See lots marked Ail) in the diagram. (2) Interior lot (B): A lot other than a comer lot with only one frontage on a street. (3) Thmugh lot (Q. A lot other than a comer lot with frontage on more than one street Through lots abutting two (2) streets may be referred to as double frontage lots. is Lot width: The distance between the side lot lines as measured at the rear of the required front yard, except for lots on the turning circle of cul-de-sacs which shall be at least eighty (80) percent of the required lot width and maintain an average lot width between the front and rear property lines of at least the minimum lot width for the zoning district in which the lots are located. The width between side lot lines at the foremost points (where they intersect with the street line) shall be at least eighty (80) percent of the required lot width, except on lots on the turning circle of cul-de-sacs. a bmseineirt M-2 ib not considered 4 Lawest flOOL, provided th2t SULIL 1-11V�lU5UL.1- iS�iot built so as to render Lowest floor.- The lowest floor of the lowest enclosed area Including basement). An unfinished or flood resistant enclosure usable solely for parking of vehicles, building access, or storage in an area other than a basement area is not considered a building's lowest floor, provided that such enclosure is not built so as to render the -structure in violation of the applicable non -elevation design requirements of this Ordinance (Floodplain management). Maintenance: For the purposes of Article ? (Signs), the cleaning, painting, repair, or replacement of defective parts of a sign in a manner that does not alter the basic copy, design, or structure of the sign. Major or multi -unit development. Development consisting of (1) Structures on a tract of two (2) acres or more, or (2) Nonresidential structures having a total floor area of ten thousand (10,000) square feet or more- shall submit a site plan as outlined in Sec. ?. [19-60] This definition shall not apply to detached single and two-family housing units and uses customarily accessory thereto. (See Article VI, General Regulations, section 19-60) Manuah See "Technical Standards and Specifrcations Manual." Manufactured home: A structure transportable in one or more sections which is built on a permanent chassis is designed for use with or without a permanent foundation when connected to the required utilities. For flood plain management purposes, the term "manufactured home" also includes park trailers, travel trailers, and other similar vehicles placed on a site for greater than 180 consecutive days. For insurance purposes, the term "manufactured home" does not include park trailers, travel trailers and other similar vehicles. A51 -------------------------------------•------••-----•--......---.....----- Wilmington/New Hanover County Unified Development Ordinance v A .y :..... k ..... (December 6, 1 6 Dra) 269 Article XV/Definitions ..........................................•--•.................................................................................................................................... Sec. 1502/Words and Terms Defined ,. -more Manufactured home park: A parcel (or contiguous parcels) of land on which three (3) or manufactured home spaces have been designated for rental purposes (Floodplain management). 0 Manufactured home subdivision: A parcel (or contiguous parcels) of land divided into two (2) or more manufactured home lots for sale. l� Manufactured housing, double -wide: Manufactured housing built and transported on two (2) or more separate chassis, designed to be joined into one (1) integral unit that measures at least twenty-four (24) feet by forty (40) feet, has a gabled roof, is permanently affixed to a continuous permanent masonry foundation unpierced except for required ventilation and access; has all its wheels, axles, transportation lights and towing apparatus removed. Manufactured housing: Manufactured housing means a movable or portable dwelling over thirty-two (32) feet in length and over eight (8) feet wide, constructed to be towed on its own chassis and designed without a permanent foundation for year-round occupancy, which includes one (1) or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two (2) or more units separately towable but designed to be joined into one (1) integral unit, and not complying with the North Carolina State Uniform Residential Building Code. Marquee sign: See definition for "awning sign" or "canopy sign." Massage business: Any establishment or business wherein massage is practiced including establishments commonly known as health clubs, physical culture studios, massage studios or massage parlors. `Massage business" shall not include the practice of massage in a regularly established and licensed hospital, sanitarium, nursing home, medical clinic, or a nonprofit corporation operating under the name of YMCA (Young Men's Christian Association) or YWCA (Young Women's Christian Association), nor to the practice of massage as carried out in the office or clinic operated by a duly qualified and licensed medical practitioner or chiropractor in connection with their practice of medicine or chiropractic, provided that such massage business is conducted in an office or clinic regularly used by such medical practitioner or chiropractor as the principal location for the practice of medicine or chiropractic. Mean sea lemk The average height of the sea for all stages of the tide; mean sea level is a reference for establishing various elevations within the flood plain and is synonymous with National Geodetic Vertical Datum (NED). Mean ma IlM 2VeL467. 1141t OF tile se., fbr all stages of tile 1�gnu boarrl.• A permanently mounted structure displaying the bill of fare of a restaurant. S .< .,4..�...,u......-----•-------------------••-•--------•-------•••---------......---------...---...------------......------. -ev Wilmington/New Hanover County 270 �"r z(December 6, 1996 Draft) Unified Development Ordinance Article " Definitions Sec. 1502IWords and Terms Defined QMinor workr: For the purposes of using the administrative bypass procedure for the review of certificates of appropriateness, minor works shall consist of those specified categories referenced in section 19- 132(3)(b)• Mobile Home: Mobile Home means a movable or portable dwelling over dirty -two (32) feet in length �j and over eight (8) feet wide, constructed to be towed on its own chassis and designed without a �j permanent foundation for year-round occupancy, which includes one (1) or more components that can be retracted for towing purposes and subsequently expanded for additional capacity, or of two (2) or more units separately towable but designed to be joined into one (1) integral unit, and not complying with the N.C. State Uniform Residential Building Code. n ?Mobile Home and Travel Trailer Park: Any site or tract of land of contiguous ownership, upon which jug mobile home or travel trailer spaces are provided in accordance with the requirements set forth in the Mobile Home and Travel Trailer Park Ordinance of New Hanover County. ?Mobile Home Park: Mobile home park shall mean any site or tract of land upon which are located at least three (3) or more mobile home spaces to be occupied for dwelling or sleeping purposes, regardless of whether or not a charge is made for such service. Mobile home subdivisions shall be subject to the New Hanover County Subdivision Regulations. Mobile home parks shall not be allowed at a density greater than 2.5 dwelling units per acre in areas classified Rural, Conservation, or Resource Protection in the Wilmington New Hanover Land Use Plan. ?Mobile Home Space: A plot of land, the minimum size of which shall not be less than 5,000 square feet, designed to accommodate a single mobile home in accordance with the requirements of this ordinance. Q?Mobile Home Subdivision: Any new development consisting of three or more contiguous lots for the purpose of locating mobile homes as defined in Section 23.8 and which is designed and approved pursuant to the New Hanover County Subdivision Ordinance. M01. intemim mr. A as� that will have ret an the surroundirTama thur die; pLr-vluus , ' ' Motel See "hotel". defa:itirnr Multi-unitsign: A freestanding sign which contains three (3) or more identification signs for a multi - occupancy premises, such as a shopping center. National Geodetic Vertical Datum (NGVD). As corrected in 1929, NGVD is a vertical control used as reference for establishing varying elevations within the flood plains. Natural Erosion: The wearingaway of the earth's surface b water, wind, or other natural agents under Y y natural environmental conditions undisturbed by man. Natural feature: Any outside landscape feature on the site such as trees, shrubs, or rock formations. Natural obstruction: Any rock, tree, gravel, or analogous natural matter that is an obstruction and has been 4. ! located in the floodway by a nonhuman cause. Aft ' �`'iWH� '0} Neon sign. A neon sign is any sign with characters made of exposed neon tubing. This definition snot ....... ..-----•-•-----....---••-----•-•..................................•------.... ... �;;� Wilmington/New Hanover County.. (� Unified Development Ordinance (December 6, T6 [3taf) 271 �J Article XV/Definitions .............................................................................................................................................................................. Sec. 1502/Words and Terms Defined n include illuminated signs whose interior source of light is made of neon tubing or signs that are back- �t lighted with neon tubing. New construction: Structures for which the "start of construction" commenced on or after [INSERT EFFECTIVE DATE]. New construction: Any single-family subdivision including houses constructed in such subdivision prior to the recording of a final subdivision plat, multifamily or nonresidential structure, parking lot or motor vehicle or manufactured housing sales lot for which a building permit or construction permit is issued or n upon which construction actually begins on or after [INSERT EFFECTIVE DATE]. J New ma_n_Lfactured home park or manufactured home subdivision: A manufactured home park or manufactured home subdivision, as defined herein, for which the construction of facilities for servicing the lot on which the manufactured home is to be affixed (including, at a minimum, the installation of U utilities, either final site grading or the pouring of concrete pads, and the construction of streets) will be completed on or after ?EFFECTIVE DATE OF FLOODPLAIN ORD TO BE INSERTED. Nonconforming sign: Any sign which was lawfully erected in compliance with applicable code provisions and maintained prior to [INSERT EFFECTIVE DATE] and which fails to conform to all applicable standards and restrictions of this UDO. Nonconforming use. Any building or land lawfully occupied by a use on [INSERT EFFECTIVE DATE] which does not conform after the passage of this UDO or amendment with the use requirements of the district in which it is situated. = - , L.1 Lll\.1 4L YaL. L•aaL. L.u.�. �.ML.. va uuv . Non -precision instrument runway: A runway having an existing instrument approach procedure utilizing air navigation facilities with only horizontal guidance or any type navigation equipment for which a straight -in, non -precision instrument approach procedure has been approved or planned and for which no precision approach facilities are planned or indicated on a FAA planning document or military service airport planning document. Occupancy: The portion of a building or premises owned, leased, rented, or otherwise occupied for a given use. (Signs) Off:premire srgn. A sign that directs attention to a business, commodity, service, establishment, or other activity conducted, sold, or offered at a location other than the premises on which the sign is erected. n :� �...................................................... _.........._.._.............................................._............ ..._. j Wilmington/New Hanover County 272 p (December 6, 1996 Draft) Unified Development Ordinance (l U Article XVMefinitions ............................................. ....................-----.-.............,.. --......................... ....................................................... Sec. 1502/Words and...Temps Defined Official Mao or Plans: Any maps, plans, charts, or texts officially adopted by the Governing Body. 'Wilmcngtvrz On promise sign: A sign that directs attention to a business, commodity, service, establishment, or other activity conducted, sold, or offered on the premises on which the sign is erected. Outdoor adteitiring sign. A poster panel or painted bulletin off -premise sign, commonly referred to as a billboard. Oaerbead canopy. Any structure placed over, around or near a fuel pump island or drive -up bank teller U facility and intended to provide lighting or protection from the elements for fuel pump island or drive -up bank teller facility users. 6T.Lhead topy. Nfirianain setback distm.ces shall be dth.LInined by IIICZDULiLT 2 straight line distmice - - propetty fine) to die point un the ground surface wifich is pmFendir_UIZL tu Para pet.- That onion of a building wall that extends above the roof line. P Parent The meaning in 17 Code of Federal Regulations & 240.12(b)-2 (1 June 1993 Edition), which defines "parent' as an affiliate that directly, or indirectly through one or more intermediaries, controls another person (Erosion control). Parking facility. Any area, either open or enclosed, structural or natural, for the storage of a vehicle or vehicles. Each parking facility shall have an approved means of ingress and egress. (See section 19-45, Driveways, for approved means of access.) A parking lot is a subclassification of a parking facility and is defined as follows: Parking I at. An open area, outside of the public right-of-way, for the storage of a vehicle or vehicles. The term "parking area" shall be included in this definition. Each parking lot shall have an approved means of ingress and egress. (See section 19-45, Driveways, for approved means of access.) - Parking space, off-street. An adequate size space for parking a vehicle with room for opening doors on both sides, proper access to streets and adequate maneuvering room. - ' Pennant. A . tapered or dove -tailed banner or flag. g Performance Residential Development: A residential development varying from the dimensional requirements of conventional residential development but not exceeding the density limit established nnthe applicable zone. 1`1 --------------•.....----•-...•-•.....- •---....---••.....--•-----....----...................... ....•.......----.....-••-...... ... '.. a Wilmington/New Hanover County r `� A Unified Development Ordinance (December 6, f 6 Draft) 273 Article XV/Definitions ............................................................................................................................................••--•-................................ Sec. 1502/Words and Terms Defined Perimeterlandscape strip: A planted strip of land having a minimum width of five feet adjacent to and encircling a parking facility. Person: Any individual, association, firm, partnership, public or private utility, or body politic or corporate. Perso : An individual, firm, partnership, corporation, company association, joint stock association, or body politic, and includes a trustee, receiver, assignee, administrator, executor, guardian, or other representative. (Airport zoning) Person: Any individual, partnership, firm, association, joint venture, public or private corporation, trust, estate, commission, board, public or private institution, utility, cooperative, interstate body, or other legal entity (Erosion control). Person: Any natural person, partnership, corporation, body politic and any incorporated association, or organization, or society which may sue or be sued under a common name. Person: Any individual or corporation, partnership, association or any other entity, including state and local governments and agencies (Floodplain management). Person Conducting band -Disturbing Activity Any person who maybe held responsible for a violation unless expressly provided otherwise by this Ordinance, the Act or any order adopted pursuant to this Ordinance or the Act. Person Responsible for the Violation: As used in this Ordinance (Erosion control), and G.S. 113A-64 means. (1) the developer or other person who has or holds himself out as having financial or operational control over the land -disturbing activity, or (2) the landowner or person in possession or control of the land when he has directly or indirectly allowed the land -disturbing activity or has benefitted from it or he has failed to comply with any provision of this Ordinance, the Act, or any order adopted pursuant to this Ordinance or the Act as imposes a duty upon him. Personal pmper.y. Property owned, utilized and maintained by an individual or members of the residence and acquired in the normal course of living in or maintaining a residence. It does not include merchandise which was purchased for resale or obtained on consignment. Phase of Grading_ One of two types of grading, rough or fine. Pier -Head Line: A line established to limit the extension of piers into public waters in order to preserve the citizens' use of those waters for commercial and recreational purposes. Piers may not be constructed that extend into the channel portion of the water body and shall not extend more than one-third the width of a natural water body or man-made canal or basin. However, piers constructed along the' Atlantic Intracoastal Waterway (AIWW) that are intended for public use or for research or scientific studies affiliated with public or private universities and colleges may extend to the minus 4.0 foot mean x low water depth (04.0' mlw) provided such extension is no closer than 85 feet from and parallel to the 0 closest to the pier of the official navigation channel of said waterway as established by the United 'Corps of Engineers. It shall be the responsibility of the owner/petitioner to locate the setback line ----•--P-----•---• ry-----------------------------•-----------••----•------...-----...-----•---•--......-- Wilmington/New Hanover County 274 A`p M(December 6, 1996 Draft) Unified Development Ordinance Article XV/Definitions .............................................. Sec. 1502lWords and Terms Defined based upon accurate channel surveys maintained by the Corps. Such piers shall conform with all other criteria established by the N.C. Coastal Resources Commission. Mm: An erosion and sedimentation control plan (Erosion control). Plans, construction: Plan profile sheets in sufficient detail to indicate the construction of all the improvements associated with the property to be subdivided prepared by a professional engineer or land surveyor licensed to practice within North Carolina Plans, preliminary: Required plan to be submitted which indicates the following. [1] All information required under Sec. ? [18-112]; [2] Proposed layout of utilities, topography, drainage and all proposed facilities; and (3] A typical street section in the proposed subdivision. Planting.ttrip or area.- A ground surface free of concrete, asphalt, stone, gravel, brick or other paving material, aside from walkways, which is required or used for landscaping purposes. Plat.- A map or plan which delineates: (1) A tract or parcel of land which is to be, or which has been, subdivided; (2) A tract or parcel of land to be officially dedicated for public or private use; (3) A right-of- way for street or utility purposes to be dedicated for public or private use; or (4) Any combination thereof. The word "plat" shall include the terms "map," "plot," "plan," "plat," "replat" or "replot." Plat, finale A plat prepared in accordance with the requirements of this UDO and North Carolina General Statutes section 47-30, in a form suitable for recording, with necessary affidavits, dedications and with complete bearings and dimensions of all lines defining lots, streets, public and private areas and other dimensions of land required by this UDO. The final plat shall be approved and recorded prior to the sale of land within a subdivision as defined herein. Plat, Final: A map of a land subdivision prepared in a form suitable for filing of record with necessary affidavits, dedications, and acceptances, and with complete bearings and dimensions of all lines defining lots and blocks, streets and alleys, public areas and other dimensions of land required by this ordinance. plat: Includes the map, plan, plat, replat, replot; a map or plan of a tract or parcel of land which is to be, or which has been subdivided. Plat, preliminary: A plat prepared in accordance with the requirements of this UDO, drawn to scale, which delineates the proposed subdivision in sufficient detail including, but not limited to, street rights -of -way and lot layout. The preliminary plat precedes the final plat preparation. Plats, non-mmentional subdiuidon. Plats which reflect atypical subdivisions of land. [Non-conventionall.,,,— subdivisions are addressed in section [18-111 A .................. ----------•---------•-----••-•------...-----.....----......----••-----...---.....----...........--•---......---.........................----.�„ ....... 1,' ..... Wilmington/New Hanover County ,x�"'` Unified Development Ordinance (December 6, 96 c ttj 275 Article XV/Definitions 0 .........................................................................................................................•••••---................................................. Sec. 1502/Words and Terms Defined Political sign: A sign that advertises a candidate or issue to be voted upon a definite election day. Portable or movable .agn. A sign that is not permanently attached to the ground, a structure, or a building 0 and that can easily be moved from one location to another and used for a temporary purpose. Precision instrument runway: A runway having an existing or planned instrument approach procedure utilizing an Instrument Landing System (11S) or a Precision Approach Radar (PAR). 0 Premises. Any lot or unplatted tract, or any combination of lots or unplatted tracts held under single ownership or devoted to the same use, or with respect to which there is substantial identity of ownership u or use. Principal building or structure. A building or structure containing the principal use of the lot, including any land area necessitated by the character of the principal use (e.g, outside storage) for its complete operation, excluding off-street parking. 0 Principal residence: The residence a person: 1) uses as his/her voting address; 2) uses as the address on his/her drivers license; and 3) occupies for at least one hundred eighty-three (183) days during a calendar (� year. �J Principal use. The primary purpose or function that a lot serves or is intended to serve according to its 0 zoning classification. Private Residential Boating Facility A private non-profit boating facility including a dock, pier or launching ramp on property having water frontage, the use of which is intended to serve less than five residential lots or residential units. The right to use such facility must be conferred by easement appurtenant to the residential lot it is intended to serve. No commercial activities of any kind shall be n allowed within the confines of the facility. Processing Facility.. An enclosed facility or building that uses power -driven machinery to prepare n recyclable materials for shipment. Machinery used in the processing of the -materials includes shredders, balers, brickers and can compactors.-(i-03-093 U Professional ArchaeoloQisr. shall have a graduate degree in archaeology, anthropology, or closely related field plus: (a) At least one year of full-time professional experience or equivalent specialized training in archaeological research, administration and management. (b) At least four months of supervised field and analytic experience in general North American Archeology; and (c) Demonstrated ability to carry research to completion. Professional Historian: shall have a graduate degree in history or closely related field plus one of the (� following. (a) At least two years of full-time experience in research writing, teaching, interpretation or u other demonstrable professional activity with an academic institution, historic organization or agency, museum. or other professional institution; or (b) Substantial contribution through research and publication to the body of scholarly knowledge in the field of history. u r X. ng sign .A sign end -mounted or otherwise attached to an exterior wall of a building or structure, Wilmington/New Hanover County 276k G C-0,1December 6, 1996 Draft) Unified Development Ordinance Article XV/Definitions ................................................................................................................................................................................. Sec. 1502/1Nords and Terms Defined Oand which projects out from the wall. j� Property Onmers'Association. An incorporated, nonprofit organization established by a developer or an (( jj association of property owners whose membership shall consist of individual property owners within a subdivision and operating under recorded legal agreements. Prote&ve sign: A sign less than one hundred (100) square inches in area and with letters less than four (4) inches in height, which is commonly associated with safeguarding the permitted uses of the occupancy. Examples include "bad dog," "no trespassing," and "no solicitors." uPublicinkmtasn: A sign that displays information pertinent to the safety or legal responsibilities of the general public such as warning and no trespassing. Pablic transportation system: A planned transportation service provided to the public on a regular and continuing basis which is comprised of planned routing, designated transfer points and passenger oloading/unloading areas. Regulated tree. -The subsurface roots, crown and trunk of (1) Any self-supporting woody perennial plant such as a large shade or pine tree, which usually has one main stem or trunk, and has a measured caliper as follows: i. A hardwood tree --eight (8) inches, such as oak, maple, etc. j� ii. A pine tree --Twelve (12) inches, such as long leaf pine. u (2) Any small flowering tree, such as dogwood, with a measured caliper of at least four (4) inches. (3) Any tree having several stems or trunks, such as crepe myrtle, and at least one. defined stem or trunk with a measured caliper of at least two (2) inches. Religious institution: A church, mosque, synagogue, temple or other place of religious worship, including any accessory use or structure, such as a school, office, day care center, or dwelling located on the same lot. Remove Including removing and removal): The cutting down of any live or dead regulated tree and all other acts which cause the death or destruction of any regulated tree. . Replat.- A final plat drawn for the purpose of lot consolidations and rearrangements, which conforms with [paragraph (1)] of the definition of a "subdivision" in this section. The [INSERT OFFICIAL] of public works shall review and give approval to all repiats prior to recordation and the transfer of the lots. Reddential care. Establishments primarily engaged in the provision of residential, social and personal care for children, the aged and special categories of persons with some limits on ability for self -care but where medical care is not a major element-, such as adult day care facility, home for the aged and infirm, and other similar residential care uses not otherwise defined in this section. 1� Residential Care Facility: A home with support and supervisory personnel that provides room and boa'' personal care and rehabilitation services in a family environment for not more than six resident handicapped persons. ............................................................................................................................................................. .- - Wilmington/New Hanover County Unified Development Ordinance (December 6, l 6 Dtaft) 277 ArticleXV/D ....................................................................................................................................................... Sec. 1502/Words and Terms Defined D Raidential hotel A building or group of buildings providing lodging for persons, with or without meals, . and intended and used for the accommodation of transient lodgers in suites designed in such a fashion that reflects the intended use for transient lodgers and not for permanent residential accommodation. Suites may have one or more rooms in addition to bathrooms, water closet compartment, laundry, pantry, foyer, communicating corridor, closets .or any dining alcove. Kitchen area separate from the living or sleeping areas shall be provided and cooking may be done only in the kitchen area. The n definition of residential hotels shall not include housing units as defined in this section, but may include U services ordinarily provided by hotels, such as maid, desk and laundry service. Residential Private Pier. A dock, pier, launching ramp or supportive boating activity extending from a 0 residential lot into water adjacent thereto; the use of which shall be limited to members of the family of the lot owner or the owner's tenant or their invited guests. Resort Hotel/Motel: pay to the traveling Vablic See "Hotel." Restaurant. An establishment whose principal business is the sale of foods, frozen desserts, or beverages to a customer in a ready -to -consume state, and whose design and principal method of operation determines its classification as follows: (1) Standard. (a) Customers are provided with an individual menu and served by an employee at the same table or counter at which their food or beverages are consumed; or (b) a cafeteria -type of operation where foods or beverages generally are consumed within the restaurant. (2) Cary -out. (a) Foods or beverages are usually served in edible containers or in paper, plastic or other disposable containers by an employee at a standing counter or drive-in window, and (b) consumption is normally off the premises, but may be allowed within a motor vehicle parking on the premises, or at other facilities on the premises outside the principal building. (3) Fastfioocl Same as "carry -out," includes allowing consumption within the principal building. Remlving sign: -A sign which revolves three hundred and sixty (360) degrees. Rom: Any road, highway, way, alley, lane, court, drive, or easement, whether public or private, used as a means of access which meets the minimum requirements for subdivision roads as specified by NCDOT and this UDO and which has been duly platted and recorded as per the requirements set forth in this UDO. Roo line: The edge of the roof or the to of the parapet, whichever forms the top line of the building .f ge P silhouette. In the instance of several roof levels, the roof or parapet shall be the one belonging to that lowest portion of the building on whose wall the sign is located. In the case of a sloped roof, the point of the roof shall constitute the roof line except for a mansard style roof. Roof sign: A sign erected or maintained in whole or in part upon or over the roof or parapet of a building. {� Roofsign, integral Any sign erected or constructed as an integral part of a normal roof structure of any design, such that no part of the sign extends vertically above the highest portion of the roof and such that no part of the sign is separated from the rest of the roof by a space of more than six (6) inches. (� Chimneys or other similar features are not an integral part of a normal roof structure. An integral roof A tr sign shall be considered to be a wall sign and shall be subject to the regulations pertaining to wall signage. nwav: The paved surface of an airport landing strip used for take -offs and landings A#. ,.---------------•------------•-----.......------.....----•--•--...-------•---------.....-•-•--•--•--......------.....-•---• Y Wilmington/New Hanover County 278 ClDecember 6, 1996 Draft) Unified Development_ Ordinance Article XV/Definitions .............................:................................................................................................................................................... Sec. 1502/Words and Temps Defined Sales ofa, offprrmises (branch): In addition to maintaining inventories of goods; physically assembling; sorting, and grading goods in large lots; breaking bulk; delivery, and various types of promotion, such as advertising, a wholesaler or distributor may establish offices and other supportive areas for the use of personnel primarily employed for off -premises sales and other administrative or managerial needs. On - premises retail sales as the principal use, is not included in this classification. Off-street parking for this portion of the building shall be calculated independently of any other use of the same structure. Sand dunes: Naturally occurring accumulations of sand in ridges or mounds landward of the beach Sandu icb board A temporary A frame or easel sign listing specials of the establishment Sanitary Landfill: Shall mean a facility for the disposal of solid waste on land in a sanitary manner according to all applicable North Carolina Solid Waste Management Rules. Scrap processor: An establishment or place of business in a fixed location utilizing machinery and equipment for processing and manufacturing iron, steel or nonferrous metallic scrap iron into prepared grades and whose principal product is scrap iron, scrap steel or nonferrous metallic scrap for sale of remelting purposes. Screening buffer: A permanent physical barrer, as required in this UDO consisting of living or nonliving materials or a combination thereof for the separation of uses according to the requirements outlined in each district or special use. Sedimen Solid particulate matter, both mineral and organic, that has been or is being transported by water, air, gravity, or ice from its site of origin. Sedimentation: The process by which sediment resulting from accelerated erosion has been or is being transported off the site of the land -disturbing activity or into a lake or natural watercourse. (wf Seo�ta=: Shall mean a waste that is a fluid mixture of partially treated sewage solids, liquids and sludge of human or domestic waste origin, pumped from septic tanks, residential grease traps, or privies. Septage shall be considered that waste which has not been treated by a process to significantly reduce pathogens. Service station: Buildings and premises where gasoline, oil, grease, batteries, tires, and automobile accessories may be supplied and dispensed at retail. Uses permitted at a service station do not include major mechanical and body work, straightening of body parts, painting, welding, storage of automobiles not -in operating condition, or other work involving noise, glare, fumes, smoke, or other characteristics to an extent greater than normally found in service stations. A service station is not a repair garage, body shop, or a trim shop. Service Station: A building or lot dedicated to the rendering of automotive services such as the sale of gasoline, oil, grease, and accessories and the minor repair of automobiles such as tune-ups, brake adjustments, overhauling, and fire changes, excluding body work and painting. Setback Line: The line on the front, rear, and sides of a lot, which delineates the area upon which a n structure may be built and maintained. 41 Sbopping enter: Three (3) or more commercial establishments, containing twenty-five thousand (25,000 . square feet of gross floor area, planned and constructed as a single unit with off-street parking and 101 iJ loading facilities provided on the property. Shopping centers are related in location, size and type„QirsesA ............................................................................................................................................................ Wilmington/New Hanover County n` Unified Development Ordinance (December 6, 1996 L7. gaff) 279 Article XVIDefinitions ...........................................................................................................................•...................................................... Sec. 1502/Words and Terms Defined n to the trade area which they serve and are considered as such at the owner's discretion. This definition U includes malls, commercial plazas and community shopping areas. SShh piling Center Two (2) or more commercial establishments planned and constructed as a single unit a with off-street parking and loading facilities provided on the property and related in location, size, and type of shops to the trade area which the unit serves. SICManua4 Standard Industrial Clarsifucation Manuak A book put out by the federal government which classifies establishments by the type of activity in which they are engaged. Uses listed in this UDO are classified according to SIC groupings. sign is lacafied: Sign: Any structure, part thereof, or device attached thereto or painted or represented thereon or any material or thing, illuminated or otherwise, which displays or includes any numeral, letter, word, model, banner, emblem, insignia, device, trademark or other representation used as or in the nature of an announcement. A sign may also consist of sources of illumination, unmarked pennants or banners, streamers, or any other devices or materials which are displayed to draw attention to a charitable, residential, institutional, commercial, or industrial establishment or activity. (Signs) Sign, area ofprojecting and frreetanding: The area of a freestanding or projecting sign shall have only one face (the largest one) of any double or multi -faced sign counted in calculating its area. (a) The area of the sign shall be measured as follows if the sign is composed of one (1) or two (2) individual cabinets: The area around and enclosing the perimeter of each cabinet or module shall be summed and then totaled to determine total area. The perimeter of measurable area shall not include embellishments such as framing, decorative roofing, etc., provided that there n is no written advertising copy on such embellishments. The area of the embellishments which u is excluded from the measurable area of the sign shall be limited to ten (10) percent of the total area of the sign. n tu' (b) If the sign is composed of more than two (2) sign cabinets or modules, the area enclosing the entire perimeter of all cabinets or modules within a single, continuous geometric figure shall be the area of the sign. Other embellishments shall not be included in the area of measurement if they do not bear advertising copy, and do not represent more than ten (10) percent of the total area of the sign. 0 Sign. Outdoor Advertiling. Any signeither free standing or attached to a structure which directs attention to a business, commodity, service, entertainment, or other activity, conducted, sold, or offered elsewhere than on the premises on which said sign is located. Q Sign Principal: A sign which directs attention to a business, commodity, services, entertainment, or other activity, conducted, sold, or offered exclusively on the premises upon which said sign is located. f 1 (� Sign skirt: A sign skirt is a decorative covering of the post(s) or pole(s) which supports a freestanding sign. The area of a sign skirt which is less than fifty (50) percent of the allowable area of the freestanding (^j sign to which the sign skirt is attached shall not be counted toward the sign area requirements of this 0. No be on a sign skirt. advertising copy shall permitted `.Y,�Yy` •�}• A. ti �................................................................................................................................................................... �\ ✓'"v • Wilmington/New Hanover County "Vf D 280 December 6, 1996 Draft) Unified Development Ordinance ....................................................---....................Article XV/Definitions Q Sec. 1502/Words and Terms Defined - Sign ,rapport: Any pole, post, strut, cable or other structural fixture or framework necessary to hold and secure a sign. Sim. TemporaW. Sign permitted for a period not exceeding twelve (12) months including for sale, for rent, construction company's name, subcontractor's names, architect's, and planner's names. regular gemnetrit. foxin ar ctmirbinaticnis of regular geonmtric forins emiprising all of the display area of dreript =rd includirg aH of tire elements vf�zr_ matter displayed. FLalnes 411d StTM-ttl0i 11MIliberS 11U.1 o Siltation: Sediment resulting from accelerated erosion which is able to settle or removable by properly designed, constructed, and maintained control measures; and which has been transported from its point or origin within the site of a land -disturbing activity, and which has been deposited, or is in suspension in water. Single fan sign: A sign, only one side of which is visible. Site Specific Development Plan: A land development plan approved by the Governing Body following notice and public hearing which describes with reasonable certainty the type and intensity of land use for a specific parcel or parcels. Site specific development plans include special use permits and shopping center districts. Sludp: Shall mean any solid, semi -solid, or liquid waste generated from a residential, commercial, a municipal, or industrial wastewater treatment plant or water supply treatment plant not considered to be hazardous by EPA or the N. C. Department of Human Resources, Solid and Hazardous Waste Branch. Sludge shall be considered that waste which has been treated by a process to significantly reduce �j pathogens. U Solid Waste: Shall mean any garbage, refuse, septage, sludge or any other waste material which is not considered hazardous by the U. S. Environmental Protection Agency (EPA) or the North Carolina State Department of Human Resources, Solid and Hazardous Waste Branch. Special congregate facilities. Congregate facilities characterized by a clientele composed of persons who do not possess personal automobiles to assist them in their daily transportation. drraag�xaat die city mid its viciraty. Such facilities may include indigent care, shelter, and housing facilities, hotels, and other similar facilities. Special flood hazard area: An area having special flood or flood -related hazards as shown on the Evanty=s-Flood Hazard Boundary Map (FHBM) or Federal Insurance Rate Map (FIRM). Special war Any highway, such as but not limited to interstate corridors, freeways, arterials and collectors, designated by the Governing Body for its scenic qualities and its ability to provide safe and efficient traffic flow. Spedalpurpose sign: A temporary sign to announce sales, new products, openings or closeouts and other aspecial events. Spedal use. A use that would not be an appropriate general use without restriction or review in a particular zoning district, but which, if controlled as to number, area, location or relation to surr � ' hg `�� ........................................... :........: �:..... Wilmington/New Hanover County Unified Development Ordinance (December 6, 1' 6 0'M�V) 281 D - Article XV/Definitions .........................................•--...................................................................................................................................... Sec. 1502/Words and Terms Defined uses, would promote the public health, safety or general welfare. • 11 •1 • • • 1 • / .....1 • • • • • • • • • • • • • • •'• •• • • • • .1 • •1 • • .1 ,1 1 .1 / •1 I • • • • • ,1 • • • , • Specified Anatomical Areas 1) Less than completely and opaquely covered human genitals, pubic region, buttock, and female breast below a point immediately above the top of the areola; and 2) Human male genitals in a discernibly turgid state, even if completely and opaquely covered. Specified Sexual Activities 1) Human genitals in a state of sexual stimulation or arousal; 2) Acts of human masturbation, sexual intercourse or sodomy; 3) fondling or other erotic touching of human genitals; pubic region, buttock or female breast. Start of Construction: The first placement of permanent construction of a structure (other than a manufactured home) on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, including the relocation of a structure. Permanent construction does not include the installation of streets or walkways; nor does it include excavating for a basement, footings, piers or foundations, or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not as part of the main structure. For a structure (other than a manufactured home) without a basement or poured footings, the "start of construction" includes the first permanent framing or assembly of the structure or any part thereof on its pilings or foundation. For manufactured homes not within a manufactured home park or manufactured home subdivision, "start of construction" means the affixing of the manufactured home to its permanent site. For manufactured homes within manufactured home parks or manufactured home subdivisions, "start of construction" means the affixing of the manufactured home to its permanent site, or the date on which the construction of facilities for servicing the site (including, at a minimum, the construction of streets, either final site grading or the pouring of concrete pads, and the installation of utilities) is completed. Storm Drainage Facilities: The system of inlets, conduits, channels, ditches and appurtenances which serve to collect and convey storm water through and from a given drainage area. Storm Water Runoff The direct runoff of water resulting from precipitation in any form. Story: That portion of a building between the surface of any floor and the floor or roof above it. The following are considered stories: (1) Mezzanine, if it exceeds one-third of the total floor area of the story immediately below it; (2) Penthouse, if it exceeds one-third of the total area of the roof, (3) Basement, if ' subdivided and used for dwelling or business purposes. �"s • ofconstruction: The date the building permit was issued, provided the actual start of construction, 3�1., ................................................................ Wilmington/New Hanover County ' per. Unified Development Ordinance 282 ,�>� (December 6, 1996 Draft) , I 0 0 I I 11 11 11 I 0 Article XV/Definitions ................................................................................................................................................................................. DSec. 1502/Words and Terms Defined repair, reconstruction or improvement was within 180 days of the permit date. The actual start means the first placement of permanent construction of a structure, including a manufactured home, on a site, such as the pouring of slabs or footings or any work beyond the stage of excavation, or the placement of a manufactured home on a foundation. Permanent construction does not include land preparation, such as clearing; grading and filling; the installation of streets or walkways; excavation for a basement, U footings, piers or foundations; the erection of temporary forms; nor the installation of accessory �j buildings, such as garages or sheds not occupied as dwelling units or which are not part of the main structure. The term does not include new construction or substantial improvements under the Coastal Bamer Resources Act (P.L 97-348). Streets: A right-of-way for vehicular traffic which is dedicated to public or private use and constructed to Q e standards of this UDO. Streets shall be classified as one of the following. D (1) Arterial Streets: Streets and highways of exceptional continuity, designed to route traffic through or around the community. (2) Primary Streets: A street or highway of considerable continuity, designed primarily as a radial or cross -community traffic artery for intercommunication between various sectors of the community. (3) Secondark,Streets : A street or highway serving as a connecting link between two (2) primary or arterial streets. (4)- Collector Streets: Streets which carry traffic from minor streets to the system of major streets (primary or arterial streets). Residential collector roads are further defined by the N. C. Department of Transportation's Subdivision Roads -Minimum Construction Standards as amended. (a) Dead End Roads - These roads are more than 2500 feet in length, open at one end only without special provision for turning around and have collector characteristics. (b) Connecting Roads - The roads which serve as the connecting road system between other roads within the subdivision and the thoroughfare system. (c) Ioon Roads - A road that has its beginning and ending points on the same route. It is more than one mile in length and has collector characteristics. (d) Other Roads - These are other roads having a "collector" type function in the thoroughfare system. (5) Minor Streets: Streets which are used primarily for access to abutting properties. These local residential subdivision roads do not connect thoroughfares or serve major traffic generators and are further defined by the N.C. Department of Transportation's a Subdivision Roads -Minimum Construction Standards as amended. 4 r. (a) Cul-de-sacs - These are very short roads'open at one end only, with a speciaL;�` .................................................................................... ••----..................................---..............---............. ..... Wilmington/New Hanover County & Unified Development Ordinance (December 6, IW6 Draft) 283 11 Article XV/Definitions ..................................................................................... ................................................................ Sec. 1502/Words and Terms Defined provision for turning around at the other end which is permanently closed. They have a "bulb" end design with a specific turning radii and a limited number of lots. (b) Dead End Roads - These are roads less than 2500 feet in length, open at one end only without special provisions for turning around and have no collector characteristics. (c} Short Connecting Roads - These roads are normally one block long or extend on a block -by -block basis and have no collector characteristics. (d) Loon Roads - A road that has its beginning and ending points on the same route. It is less than one mile in length and has no collector characteristics. (e) Other Roads - These roads do not connect thoroughfare or serve major traffic generators and do not have "collector" characteristics. These include marginal access streets parallel to or adjacent to Arterial or Primary Streets and highways, and provide access to abutting properties and protection from through traffic. [Street.] The word "street" includes the words road, cul-de-sac, highway and thoroughfare. [1] Street classifications. [a] Private street. • A right-of-way for vehicular traffic which is constructed to acceptable public street standards and dedicated to a select portion of the public. The responsibility for the maintenance of a private street shall be borne by an established owners' association through recorded legal agreements. [b] Public street: A right-of-way for vehicular traffic dedicated and accepted for public use. [2] Street types. [a] Arterialr.• [1] Freeway. A divided highway for high volumes of through traffic, at relatively high speed, with full control of access and grade separations at intersections. [2] Expressway: A divided street for high volumes of through traffic, with little or no access and at -grade intersections. [3] Other arterial streets: Any street intended for or used by large volumes of through traffic. [b] Collector and local streets. [1] Collector street: A street which collects traffic from local streets and carries it to the arterial system. Collectors may supplement the arterial system by facilitating some through traffic volumes and may also serve abutting property. r [2] Kcal street. • A street that serves primarily to provide direct access to abutting property. �" v........................................................ 284 ip(December 6, 1996 Draft) Wilmington/New Hanover County Unified Development Ordinance 11 I 11 I I I I 11 ire 0 0 I U Article XV/Definitions Q Sec. 1502/Words and Terms Defined [3] Frontage road.A local street auxiliary to and located on the side of an arterial to provide: �] Service to the abutting property and adjacent areas; and Q[ii] Control of access. [4] Cul-de-sac A local street or section of local street closed at one end with a turnaround area provided. [5] Alley: A local street which affords only a secondary means of access to abutting r] property and not intended for general traffic circulation. LL[6] Private attars easement A private easement providing access to a maximum of four (4) residential units and constructed to meet the minimum standards of design established in Sec. ?[18-86]. Street and sidewalk furnishings: For the purpose of this UDO, street and sidewalk furnishings refer to benches, advertising kiosks, lamps, pavilions, bus and cab shelters, trash receptacles, planting boxes and other similar fixtures commonly permitted in pedestrian walkways and passageways. Street c& fications: (1) Freeway. A major thoroughfare that is a divided street or road and serves through traffic with full control of access and with grade separations at intersections. (2) Major thornughfare (arterial): Major streets that provide for the expeditious movement of volumes of traffic within and through urban areas. (3) Minor thoroughfares (collectors): Perform the function of collecting traffic from local access streets and carrying it to the major thoroughfare system. They may supplement the major thoroughfare system by facilitating minor through traffic movement and may also serve abutting property. (4) Local street (minor). A street that serves primarily to provide direct access to abutting property. It offers the lowest level of mobility and through traffic is usually deliberately discouraged. (5) Marginal access streets (frontage road): Streets that are parallel to and adjacent to major streets and highways and provide access to abutting properties and protection from through traffic. (6) Cul-desar. A street designed to have one (1) end permanently closed; the closed end terminated by a vehicular turnaround. Street line: The right-of-way boundary of a street. .. .� ......... ... .. .. . . ..... .. . D Streetyard.• The area of a parcel immediately adjacent to a street right-of-way and reserved for planting. The minimum dimensions of street yards are established by Sec. ? [19-174]. ^>; a ' _. ...............................ti. .... Wilmington/New Hanover County a � ;�.` Unified Development Ordinance (December 6, TW6 Draff) 285 Article XV/Definitions .................................................................................................................................................................................. Sec. 1502/Words and Terms Defined t!!.•, m s. i.1l..••..�•. �.. wIs..t1. i. a•r..! iy n Structural Additions: Any roofed, canopied, enclosed porch or room or structure which is used in connection with a mobile home. A concrete slab porch or open deck with no roof shall not be considered a structural addition. Structure: Any combination of material to form a construction that is safe and stable, including among others ibuildin `*SW r`11 `:':°::`:"";'::`:` stadiums reviewin stands latform s 'n ci*:*:: bserva ' n towers radio towers water ter tanks and towers �` trestles, piers wharves, sheds, bins, shelters, fenc es and display signs. The term "structure" shall be construed as if followed by the words "or part thereof." ... ... .. .. .. ...................... .... . . ... , .. .. .. .. .. ... ... ...... .M 1•R•PIR•!R •• • • • • • .I 11I.It". =film I IV.. . • to les.-UNI• • • • • •fowl . IV, 49MIM• • I ..I M• •• Subdivision: [1] All divisions of a tract or parcel of land into two (2) or more lots, building sites or other divisions for the purpose, whether immediate or future, of sale or building development of any type, including both residential and nonresidential multiple building site and multi -site projects, whether or not there is a division of the underlying land into separate parcels which is to be recorded in the Register of Deeds, and also includes all divisions of land involving the dedication of a new street or a new street right-of-way or a change in existing streets; provided, however, that the followingwill not be included within this definition nor be subject to the requirements of this UDO: [a] The combination or recombination of portions of previously subdivided and recorded lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this UDO orc}mrances; [b] The division of land into parcels greater than ten (10) acres where no street right-of-way dedicated is involved; [c] The public acquisition by purchase of strips of land for the widening or opening of streets; and [d] The division of a tract in single ownership whose entire area is no greater than two (2) y y `R "FF"" acres into not more than three (3) lots, where no street right-of-way dedication is :........ 2-",.......................................................................................................•9.........................................................•. p 1 Wilmington/New ton/New Hanover County 286p I(December 6, 1996 Draft) Unified Development Ordinance 17 0 it I I I Article XV/Definitions Sec. 1502/Words and Terms Defined involved and where the resultant lots are equal to or exceed the standards of this UDOdre city as shown in pris chaptel. [2] Subdivisions, for the purpose of this UDO, shall be categorized into two (2) separate classes, defined and described as follows: [a] Majorsubdivirion. A subdivision of land, as defined herein, which exceeds the classification of "minor subdivision," and which shall conform to the procedures for approvals, the requirements and standards as specified in this UDOdtapter, the city zoning ordinanCe [b] Minorsubdiviriox. A subdivision of land, as defined herein, out of a tract in single ownership which: [1] Does not involve the dedication of rights -of -way or construction of new streets; [2] ' Does not involve construction alterations to existing streets except for alterations required solely as a condition of the issuance of a driveway permit parsaantto [3] Does not require the extension of any public utilities; [4] Does not create any public improvements, dedication of parks, open space or recreation land for public use, provided, however, if the only public improvement .required is the extension of sidewalks along existing streets, the subdivision shall be deemed to be a minor subdivision; [5] Does not land -lock or otherwise impair convenient ingress and egress to or from the rear or side of the subject tract or any adjacent property; [6] Does not fall within the corridors of any planned or proposed street as shown upon an adopted thoroughfare planaF+e-r_ ; [7] Does not violate any other local, state or federally adopted law, ordinance, regulation, plan or policy; [8] Does not require approval of or permit from any other regulatory agency at any level of government (save and except a soil and erosion control permit, if required). Each lot in the minor subdivision, as defined herein, shall abut an open, publicly dedicated and accepted street for a distance as prescribed by this UD ordinances and shall meet or exceed the minimum area and dimensional requirements as specified therein. Each lot or parcel, subdivided and intended to be an addition to an existing lot or lots which front a publicly dedicated and accepted street, may be allowed under this definition. Such additions to an approved existing lot as described above may be allowed to be added to the side or rear of the existing lot. Subdivision: A "subdivision' shall include all divisions of a tract or parcel of land into two or more lots building sites, or other divisions for the purpose, whether immediate or future, of sale or building development, and shall include all divisions of land involving the dedication of a new street or a h,ge .......................................................................................................... l... -- Wilmington/New Hanover County Unified Development Ordinance (December 6, 1W6 Dfaft) 287 Article XV/Definitions .................................................................................................................................................................................. See. 1502/Words and Terms Defined (1) the combination or recombination of portions of previously subdivided lots where the total number of lots is not increased and the resultant lots are equal to or exceed the standards of this UDO. the eaunty as shown in its sabdivisiun ordirruice. (2) the division of land into parcels greater than ten (10) acres where no street right-of-way dedication is involved. (3) the public acquisition by purchase of strips of land for the widening or opening of streets; (4) the division of a tract in single ownership whose entire area is no greater than two (2) acres into not more than three (3) lots, where no street right-of-way dedication is involved and where the resultant lots are equal to or exceed the standards of this UDO. Subdivision. Minor. A minor subdivision is a subdivision: (1) involving not more than five lots, all of which front on an existing approved street, and (2) not involving any new streets or prospectively requiring any new street for access to interior property; and (3) not requiring drainage improvements or easements to serve the applicant's property or interior properties. Sub&d on or neighborhood identification .agn: A sign containing the name of the subdivision or neighborhood in which it is located. ■ • � NN Y � NN Subsidiary: The meaning in 17 Code of Federal Regulations & 240.12(b)-2 (1 June 1993 Edition), which defines "subsidiary" as an affiliate that is directly, or indirectly through one or more intermediaries, controlled by another person. Substantial improvement For a structure built prior to the enactment of this Ordinance (Floodplain management), any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent (50%) of the market value of the structure either before the improvement or repair is started or if the structure has been damaged and is being restored, before the damage occurred. For the purposes of this definition "substantial improvements" is considered to occur when the first alteration of any wall, ceiling, floor or other structural part of the building commences, whether or not that alteration affects the external dimensions of the structure. The term does not, however, include either any project for improvement of a structure to comply with existing State or local health, sanitary or safety code specifications which are solely necessary to assure safe living conditions, or any alteration of a structure listed on the National Register of Historic Places or a State Inventory of Historic Places. 288 r; - r.n.+�•.a,t�1�_.••s,k�•.as:liG14�E,�•G�.ly.��.��1��i:,..l.,.RK.I�•.s• ... O(December 6, 1996 Draft) ......................................................................... Wilmington/New Hanover County Unified Development Ordinance 111 I I 72 I I I I I I r� U �1 QArticle XV/Definitions ................................................................................................................................................................................. Sec. 1502/Words and Temps Defined Places. Surface Drainaee: A drainage system consisting of culverts and open ditches. Symbok Something that stands for, represents or otherwise suggests something else by reason of relationship, association, convention or resemblance placed or erected for public view as a sign or as part aof a sign. Technical Standards and SpecificationsManuak A set of minimum required standards setting forth the details, specifications and instructions to be followed in planning; design and construction of public and private improvements it. . The words 'Technical Standards and Specifications" may include the words "design standards, "improvement standards" and "construction standards." Telephone tvmmunicadonfadAty, unattended. • A windowless structure containing electronic telephone equipment that does not require regular employee attendance for operating. Temporary user. A limited use or uses of land, buildings or structures not intended to be of a permanent duration. (See Article VI, General Regulations, section 19-69) Ten -Year Storm: The surface runoff resulting from a rainfall of an intensity expected to be equaled or exceeded, on the average, once in ten years, and of a duration which will produce the maximum peak . rate of runoff, from the watershed of interest under average antecedent wetness conditions. aTime or temperaturr sign: A sign containing numerals which may be alternately displayed to show the time or temperature. A time or temperature sign shall not be considered a flashing or animated sign; time and temperature signs shall not change or alternate messages more frequently than once every three (3) seconds. a Towing service, automotitk or truck: A commercial enterprise, business or company established to tow or remove motor vehicles from one location to another. A towing service includes the temporary storage of motor vehicles at its site, but under no circumstances shall any motor vehicle remain on the premises of a towing service for more than twenty-four (24) hours unless stored within an enclosed structure or the Qtow service is located in an industrial district. Townhouse: A principal structure containing two (2) or more single-family attached dwelling units with each unit on its own individual lot. All townhouse developments shall be subject to the multi -family dwelling provisions of this UDO, with the following exceptions: (1) All townhouse developments shall comply with the multi -family density requirements of Sec. ? [19-241. The standard can be met by individual lot area, by provision of common open space, or by a combination of lot area and common open space. (2) No unit shall be connected on more than two (2) sides by common walls. (3) All yard dimensional requirements shall apply to the property lines of the entire development. No individual unit ashall be required to meet the yard dimensions. Al Tract. All contiguous land and bodies of water being disturbed or to be disturbed as a unit, regardle .$ b � ownership (Erosion control).A .............................................................................................................................................................. ::. ........ Wilmington/New Hanover County Unified Development Ordinance (December 6, i�5396 L3taft) 289 D Article XV/Definitions .................................................................................................................................................................................. Sec. 1502/Words and Terms Defined Travel trailer. A wheeled vehicular portable structure built on a chassis, designed to be used as a temporary dwelling for travel or recreational purposes. Including but not limited to structures mounted on auto or truck bodies that are commonly referred to as campers. a . a a Travel Trailer Park: Travel Trailer Park shall mean any site or tract of land upon which are located the minimum number of travel trailer spaces or land area required by this ordinance regardless of whether or not a charge is made for such service. Travel Trailer Space: A plot of land within a travel trailer park designed for the accommodation of one a travel trailer. T=- any object of natural growth.(Airport zoning) Triangularright dirtance: The visually unobstructed triangular area of a street comer which has been n determined by measuring a distance of forty-six (46) feet along both curb lines of the same comer from u their projected intersection and then drawing a straight line between each point to form a triangular - shaped area over that comer, or driveway comer which has been determined by measuring a distance of twenty (20) feet inward and seventy (70) feet along the curb line and then drawing a straight line between u each point to form a triangular -shaped area over that comer. Twenty --five Year Storm: The surface runoff resulting from a rainfall of an intensity expected to be a equaled or exceeded, on the average, once in 25 years, and of a duration which will produce the maximum peak rate of runoff, from the watershed of interest under average antecedent wetness conditions. 0 Uncovered: The removal of ground cover from, on, or above the soil surface. Undertaken: The initiating of any activity, or phase of activity, which results or will result in a change in the ground cover or topography of a tract of land. Uniwji administrative uses. Receptions, seminars and social gatherings in addition to university offices tJ' P and temporary residences for university guests and visitors. Valiance: A relaxation of the terms of the zoning ordinance where such variance will not be contrary to the public interest and where, owing to conditions peculiar to the property and not the result of such actions of the applicant, a literal enforcement of the ordinance would result in unnecessary and undue o hardship. A variance is authorized only for height, area and size of structure or size of yards and open spaces. Establishment or expansion of a use otherwise prohibited shall not be allowed by variance, nor shall a variance be granted because of the presence of nonconformities in the zoning district or uses in �k .Z o,an adjoining zoning district. Will --•----..... -• . •----....... ------------------------------ 9 ... Wilmin ton/New Hanover County 290(December 6, 1996 Draft) Unified Development Ordinance rl . U Article XV/Definitions .. E)Ldinantm Yd andue hardsitip. As used in dis GrCh'aiance, a varimam is authorized Carly fOL 11�iglt, 2LV;� u,d size a .. FLUIribite shall not be allowed by n'112H . V 26Mice be gTanted. lJoiriaTzonirT district. .. ., .. .. ,. .. Lebtlit ill . .. a Velocity: The average velocity of flow through the cross section of the main channel at the peak flow of the storm of interest. The cross section of the main channel shall be that area defined by the geometry of the channel plus the area of flow below the flood height defined by vertical lines at the main channel banks. Overload flows are not to be included for the purpose of computing velocity of flow. Wag- The exterior of the vertical face or facade of a building For the purpose of determining the allowable area of a wall sign for a multi -occupancy building, the wall shall be determined to be the portion of the vertical face or facade of the building which would be delineated by the imaginary extension of the interior walls, defining the unit of occupancy through to the exterior of the vertical face or facade. Wall rign: A wall sign is a sign which is attached flat to a wall or facade facing of a building and which projects not more than eighteen (18) inches from the wall. Waste: Surplus materials resulting from on -site construction and disposed of at other locations. Water -oriented Parking A designated docking space provided by a commercial establishment for the express use of its customers. Water -oriented parking shall only be allowed in conjunction with commercial establishments that are located on navigable waters. Water Supply Watershed: The entire land area that contributes to surface drainage and other run-off into aa surface water supply. Wind device: Any flag, banner, balloon, pennant, streamer or similar device that moves freely in the wind a All wind devices are considered to be signs and are regulated and classified as attached or detached by the same regulations as other signs. Window.rign. A window sign is a sign attached directly onto. the outside of the window of a building. WorkingDays: Days exclusive of Saturday and Sunday duringwhich weather conditions or soil conditions permit land -disturbing activity to be undertaken (Erosion control). YzW: A required open space unoccupied and unobstructed by a structure or portion of a structure p > poles, provided, however that fences walls oles posts, and other customary yard accessories omamentF W - furniture may be permitted in any yard subject to height limitations and requirements limiting '' ............................................................................................................................................................. :......,�....,...... Wilmington/New Hanover County ` Unified Development Ordinance (December 6, ' 99-6 L3 ft) 291 D Article XV/Definitions ...................................................................................••-_...................................-•_-_-.................................................. Sec. 1502/Words and Terms Defined obstruction of visibility. Private driveways or easements serving three or fewer lots pursuant to Section 65 may also be permitted in any yard. a Yard. A required open space unoccupied and unobstructed by any structure or portion of a structure from thirty (30) inches above the general ground level of the graded lot upward, provided however, that fences, walls, poles, posts, and other customary yard accessories, ornaments and f imiture may be permitted in any yard. (1) Frontyard.• Area between side lot lines across the front of a lot adjoining a street. Depth of a required front yard shall be measured at right angles to a straight line joining the foremost points of the side lot lines. The foremost point of the side lot line, in the case of rounded property comers at street intersections, shall be assumed to be the point at which the side and front lot Q lines would have met without such rounding. Front and rear yard lines shall be parallel. a. Through lots: Front yards shall be provided on all frontages. b. Comer lots: A front yard of the required depth shall be provided in accordance with the district requirements for one frontage designated by the owner at the a time of the building permit issuance and the second yard shall conform to the side yard requirements as defined herein. In the case of comer lots with more than two (2) frontages, the third or more yards shall conform to the side yard requirements as defined herein. (2) Rear yard. Across the rear of the lot between the rearmost parts of side lot lines. Through lots have no rear yard, only front and side yards. (3) Side _yard. Area extending from the rear line of the required front yard to the foremost lines of the rear yard. In absence of a clearly defined rear yard, as in the case of a through lot, any portion of the lot not designated as a front yard shall be a side yard. a. Corner lots: In residential districts, the minimum width of a side yard, abutting an intersecting street, shall be fifty (50) percent greater than the minimum side yard requirements of the district in which the lot is located. In nonresidential districts, the side yard requirements of comer lots shall be the same as the front yards requirements of the district in which the lot is located. The side yard requirements for dwellings shall be waived where dwellings are erected above stores or shops not otherwise required to have side yards. (4) Specialyarr A yard behind any f -j required yard adjacent to a public street, required to perform the same functions as a side or rear yard, u but adequate to a lot line so placed or oriented that neither the term "side yard" nor the term "rear yard" clearly applies. In such cases, the [INSERT OFFICIAL] shall require a yard with minimum dimensions required for a side yard or a rear yard in the district, determining which shall apply by the relation of the a portion of the lot on which the yard is to be located to the adjoining lot or lots with due regard to the orientation and location of structures and buildable areas thereon. a Yard. Front: A yard extending between side lot lines across the front of a lot adjoining a public or private street. The depth of the required front yard shall be measured at right angles to a straight line joining the n foremost points of the side lot lines, and in such a manner that the yard established shall provide jL JI minimum depth parallel to the front lot line. Yard, Rear. A yard extending across the rear of the lot between inner side yard lines. In the case of a through lots and corner lots, there shall be no rear yards, but only front and side yards. Depth of a required rear yard shall be measured in such a manner that the yard established is a strip of the minimum width required by district regulations with its inner edge parallel with the rear lot line. Yard sale: All general sales, open to the public, conducted from or on a residential premise in any residential district for the purpose of disposing of personal property. The term "yard sale" shall include (� all such herein described sales, whether or not they are "garage," `lawn," "yard," "attic," "porch," �J "room," "backyard," "patio," "flea market," or "rummage" sales. - - C�4 .Yard. Side: A yard extending from the rear lines of the required front yard to the rear lot line. Width of a uired side yard shall be measured in such a manner that the yard established is a strip of the minimum �0 wLfii� required by the district regulations with its inner edge parallel with the side lot line. .}A .....�.w�__. o " , � 4Z> Wilmington/New Hanover County 292 h (December 6, 1996 Draft) Unified Development Ordinance �l U ...........:.................................................... Sec. 1502/Words and Terms Defined Article XV/Definitions .............................................. Zoning Vested Rigbts: The right pursuant to G. S. 153A-344.1 to undertake and complete the development property under the terms and conditions of an approved site specific development plan. The duration of vesting shall not exceed two years unless expressly provided for by the Governing Body. ....................................................................."....... Wilmington/New Hanover County Unified Development Ordinance Al A ........................................... ......... ��.... (December 6, ib [3flft) 293