NEW HANOVER COUNTY — The New Hanover County commissioners chose to change the process by which additional units above a zoning district’s allowance are approved, thus opening up each request to more layperson scrutiny.
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The commissioners voted unanimously Monday to change the process for obtaining an additional dwelling allowance from special use permit to conditional zoning. The change was staff-initiated in response to commissioner concerns over the limits SUPs put on public involvement in the review process.
Commissioner Stephanie Walker called the vote a “full circle” moment for her as someone who used to be a concerned constituent.
“It was frustrating from a citizen point of view to come, be able to go up against that standard, which was you have to be an expert,” Walker said. “I will tell you, there are some things on the ground that experts don’t always see.”
Special use permits require a quasi-judicial hearing wherein commissioners act as judges over an application to develop land in a way that isn’t explicitly allowed in its zoning district. In New Hanover County, uses requiring the permit include bed and breakfasts, RV parks, assisted living facilities, and residential developments in business districts, along with others. Commissioners have strict criteria on approving the permits and can only allow people with “standing” — meaning direct neighbors of the property or a subject matter expert — to speak during the hearing.
Thus, with the change, commissioners will be more at liberty to deny additional dwelling allowances based on their opinions of public interest and feedback shared by citizens.
“I don’t think it’s right for us to tie the hands of the public who have these comments,” Vice Chair LeAnn Pierce said during Monday’s meeting. “It is the additional density and things that I am personally trying to forego in New Hanover County.”
Commissioner Rob Zapple also highlighted the burden on the public to hire subject matter experts — traffic engineers, property appraisers, attorneys — to oppose special use permits. Senior planner Rebekah Roth mentioned citizens often pool funds together to pay for them if they aren’t lucky enough to have an attorney willing to work pro bono for the affected neighborhood.
All granted permits for additional dwelling allowances would stand as conforming uses, and any applicant in the process of pursuing one would be allowed to continue.
Only one person spoke against the change at Monday’s meeting — Brad Schuler, a former New Hanover County planner now working for Paramounte Engineering.
“I do understand there’s frustration with the SUP process; I still think it’s an important zoning tool,” Schuler said.
He explained while a property owner may gain the land use they are seeking in a rezoning, they also lose any future permitted use of their land. For example, he said, a property owner gaining a conditional rezoning for their property in the R-10 district for a multi-family project would no longer be able to change their mind and develop single-family homes instead. Despite single-family being allowed in the R-10 district without a conditional zoning, the property owner would need another rezoning.
Schuler’s opinion was it constituted a downzoning, or when permitted uses or density is reduced on a property. Running afoul of Senate Bill 382 was a concern for the New Hanover County Planning Board as well, when it voted 5-1 to recommend approval of the change to a conditional zoning process.
The North Carolina General Assembly passed the law in December 2024 added to the definition of downzoning, now inclusive of creating a non-conforming use in a non-residential district. Nonconforming refers to a use allowed and constructed in the past but no longer allowed under current ordinances.
The law then made downzoning illegal unless a municipality received written consent from all property owners.
County attorney Jordan Smith weighed in on Monday, explaining there has been no court decision rendered on the interpretation of the law.
“But given my review of it, I do not believe that this amendment violates that,” Smith said.
NHC Planning Board member Pete Avery was also called to speak Monday and said he trusted the county attorney’s judgement.
“Special use permits aren’t set up to help the public,” he said. “There may be some underlying reason the opposition wants to keep that process but I’d jettison it in a New York minute.”
Other public speakers on Monday agreed with Avery’s assessment.
“I trust that my commissioners will consider how these large developments are impacting our community and make the right decisions,” Adrianne Garber said Monday. “I trust that you will listen, and that our voices will be heard and considered. This could be good for us, and I look forward to the increased transparency.”
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