WRIGHTSVILLE BEACH — Wrightsville Beach residents will now have a greater voice in future development decisions following a unanimous decision by the board of aldermen to revamp the town’s land-use ordinance.
The board amended its land-use ordinance to change the special use permit process to a conditional zoning structure at its Sept. 11 meeting. Following in the footsteps of the City of Wilmington and New Hanover County, the Town of Wrightsville Beach is opting to cut the special-use permit, which requires a quasi-judicial hearing and limited public feedback, only approving of those who have standing and can provide factual evidence in a court-like hearing.
Due to the strict rules, the planning board’s recommendation to approve or deny a project had no legal weight.
The newly approved conditional zoning framework allows the aldermen to consider the planning board’s recommendations and all public input before they decide to approve or deny conditional zoning requests.
The SUP system was used for specific developments not automatically allowed in a zoning district, but were considered compatible with certain conditions. This includes developments such as multi-family housing, restaurants, or commercial businesses that will have a significant impact on the surrounding area. The new conditional zoning framework replaces all of these uses.
The board of aldermen has been considering making the amendment since 2021 when state legislation changed. North Carolina General Statutes Chapter 160D was enacted in 2019 to modernize the state’s land-use regulations. The statutes, which became fully effective in July 2021, were intended to streamline the development process and provide a clear, consistent legal framework for all municipalities and counties.
However, it also clarified that a quasi-judicial decision, such as the approval or denial of a special use permit, cannot come with recommendations from advisory bodies like a planning board.
Both the aldermen and the planning board have publicly reviewed and provided feedback on changes to the Wrightsville Beach code over the last year, culminating in unanimous approval from both boards.
According to planning board member Neal Briggi, the changes will allow more informed decision-making from the aldermen.
“In the past, they were stuck with what came across the table was only what the applicant wanted them to see, yet sitting in the audience and realizing there’s a whole pile of other information that is not being put forward to them,” Briggi explained to Port City Daily on Friday.
When asked about previously approved projects that would have benefited from the conditional zoning process, Briggi recalled the case of NOMA, a gourmet carry-out food retailer on Wrightsville Avenue, was approved in 2023. He explained he met with residents in the area who had worried about increased traffic on their quiet residential street due to the establishment, but their concerns were not able to be considered due to strict rules of the special use permits and quasi-judicial hearing.
Usually, the process involves only expert witnesses to testify when it comes to concerns over traffic, property values and stormwater — common complaints from the public. However, often developers were the only ones who could afford paying experts for their analyses, whereas the public often doesn’t have the same resources.
Because the old system was quasi-judicial, it did not legally require developers to hold a separate public meeting or notify residents of a development. And any information gathered could not have been considered by the aldermen, because the process didn’t allow ex-parte communication.
“This new process would have required residents to be notified of the situation and the developers, so to speak, to engage in an open forum about that. It didn’t happen that way because of the old system,” Briggi stated.
With a SUP, a developer would submit an application to the town and go through the technical review process. The planning board would then review the application for a recommendation before the quasi-judicial hearing would take place among the aldermen. Now, the conditional zoning process will require a developer to hold a minimum of three public hearings. One is a mandatory developer-hosted public meeting with residents within 500 feet of the project site, followed by a public review and recommendation from the planning board, and a final hearing before the aldermen.
Planning board Chair David Wortman explained the change is a win for residents of Wrightsville Beach.
“I think when you are able to have more community involvement, more residents, folks voicing their opinions toward projects, I think that’s the way it should go, and more importantly, that’s what the board of aldermen were elected to do, to listen to their residents,” Wortman said.
However, one downside Wortman pointed out is the approval process for conditional zoning applications is going to be a bit more drawn out. He noted it could take 30 days or more considering a developer now has to hold three public hearings before their project can be approved.
“I think it’s well worth the small delay in allowing additional public input,” Wortman stated.
Briggi also explained there are bound to be some “road bumps” at first as this is a new process for the town. From his perspective, one of the biggest initial challenges will be getting the public to engage.
“I’m sure the public won’t just all of a sudden show up, but once they understand that this process is all about them coming into the picture and the transparency of that, I hope they’ll embrace it,” Briggi stated. “At the previous planning boards when we got public input, it was really appreciated because there’s a perspective that walks in the room, shares it, and it makes you think in a different dimension at times.”
On Thursday, the only resident to speak during the aldermen’s public hearing was Sue Bullock, executive director of the Wrightsville Beach Chamber of Commerce. She expressed concern the new ordinance could create a legal conflict for businesses with existing special use permits on non-conforming lots.
Her concern revolved around whether these businesses needed to make a substantial renovation or change in the future, the new ordinance could force them to update to current codes.
Town planning director Robert O’Quinn clarified businesses with existing special use permits on non-conforming lots will not be negatively affected. He noted the ordinance amendments were specifically written to protect their legal status, so their pre-existing approvals are still valid.
After Thursday’s vote, the changes to the land-use ordinance take effect immediately.
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