Zoning Frequently Asked Questions

Where is the Zoning office located?
Is the Zoning Ordinance available on the Internet?
What uses are permitted on my property?
What are the regulations for home occupations?
Is a swimming pool considered an accessory structure?
What is the maximum height I can build my home?
What is a COD, and what can I do within a COD?
What is CAMA, and when would I need a CAMA permit?
How can I find out if my home is located in floodplain?
Can I build in floodway?
Do I need a permit to build a fence?
Does Zoning regulate noise issues?
Does Zoning regulate animal issues?
Can I operate a Residential Care Facility in my area and is a permit required?
What is a variance, and how do I obtain one?
What is required by the Zoning office to open a business in New Hanover County?
Do I need a permit to put up a sign?

1. Where is the Zoning office located?

We are located at 230 Government Center Drive, Suite 110. Our office is open Monday through Friday from 7:30 a.m. to 5:00 p.m., with the exception of New Hanover County Holidays.

2. Is the Zoning Ordinance available on the Internet?

Yes. Click here to access New Hanover County's Zoning Ordinance.

3. What uses are permitted on my property?

Within zoning districts, land, buildings and structures may only be utilized and/or erected for uses listed in the Table of Permitted Uses.

4. What are the regulations for home occupations?

Home Occupation is defined as an occupation for gain or support customarily conducted on the premises by a person or family residing thereon provided:

(a) Only one (1) person other than members of the family residing on the premises shall be engaged in such occupation;
(b) 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, and not more than twenty-five (25) percent of the floor area of the dwelling unit shall be used in the conduct of the home occupation;
(c) There shall be no change in the outside appearance of the building or premises, or other visible evidence of the conduct of such home occupation other than one (1) sign, not exceeding two and one-fourth (2 1/4) sq. ft. in area, non-illuminated, and mounted flat against the wall of the principal building;
(d) No home occupation shall be conducted in any accessory building;
(e) No traffic shall be generated by such home occupation in greater volumes than would normally be expected in a residential neighborhood, and any need for parking generated by the conduct of such home occupation shall be met off the street and other than in any required yard. Vehicles used primarily as passenger vehicles including pickup trucks and step-type vans only shall be permitted in connection with the conduct of the customary home occupation;
(f) No equipment or process shall be used in such home occupation which creates noise, vibration, glare, fumes, or electrical interference detectable to the normal senses off the lot. In the case of the electrical interference, no equipment or process shall be used which creates visual or audible interference in any radio or television receivers off the premises, or causes fluctuations in line voltages off the premises; (9/8/81)
(g) No display of products shall be visible from the street and the selling of merchandise or the manufacture of merchandise for sale except baking, sewing, and/or handicrafts normally made in the home cannot be the primary function of the home occupation; and
(h) Instruction in music, dancing, or tutoring of academic subjects shall be limited to four (4) students at a time.

5. Is a swimming pool considered an accessory structure?

Yes. A pool is considered an accessory structure and is treated the same as a garage for setback purposes. All accessory structures under 600 sq ft can qualify for a reduced setback to 5’ from side and rear. The setbacks apply to the pool depression of an in-ground pool and not to the concrete slab surrounding the pool. The pool (including decks and steps) would need to have a 5’ separation from any other structure. If the pool is closer than 5’, it would not qualify for the reduced setbacks and would need to meet the same setbacks that would apply to the house’s zoning.

6. What is the maximum height I can build my home?

The maximum allowable building height for a residential structure is 35 ft. The maximum allowable height for piling supported primary structures, which are located in Coastal High Hazard (VE) flood zones or in the CAMA Ocean Hazard area shall be 44 ft.

7. What is a COD, and what can I do within a COD?

What is a COD?

A COD is a Conservation Overlay District. This is a County designation that is meant to protect important environmental and cultural resources. The effective date of the ordinance (Section 59.4) is December 1, 1984.

What are these important resources?

The resources which have required setbacks are: Swamp Forest, Pocosin, Savannah, Natural Ponds, Freshwater Marsh, Brackish Marsh, Primary Nursery Areas, Barrier Island-Beach Complex, Maritime Shrub Thickets, Salt Marsh, Animal & Plant Natural Areas of Special Significance and Archeological/Historical Resources & Cemeteries.

How do I know if my parcel of land is associated with a COD?

The 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 setback extends into the parcel.

What is the distance of the COD setback?

The COD setback varies from 25 feet to 100 feet depending on the resource being protected.

What can I do within the COD setback?

Conservation space shall not be cleared of vegetation and shall not be developed in any manner that would negatively impact the resource with the following exceptions:

Improvements that would protect or enhance the enjoyment of the resource including walkways, self-guided trails, protective fences, and docks
Access to other parts of the parcel, designed to the greatest extent practical to minimize impact to the resource
Decks may encroach up to six feet if they are uncovered and drip through and the ground below is left undisturbed or planted with ground cover.

How is the setback determined?

The setback is from the edge of the resource being protected. It is not a static line and can move if the resource expands or contracts. It will be marked for the property owner at the time construction is being permitted.

8. What is CAMA, and when would I need a CAMA permit?

CAMA is the Coastal Area Management Act, which was passed into law in 1974. It is meant to protect coastal resources in our State through an integrated system of land and water management.

When would I need a CAMA permit?

A CAMA major or minor permit is required when developing within an AEC.

What is an AEC?

An AEC is an Area of Environmental Concern. If you are building within one of the four AECs, you will need a CAMA permit.

Estuarine System – this includes Coastal Wetlands, Estuarine Waters, Public Trust Areas and Coastal Shoreline
Ocean Hazard Areas – this includes Ocean Erodible Area, High Hazard Flood Area, Inlet Hazard Area and Unvegetated Beach
Public Water Supplies – which are Small Surface Supply Watersheds or Public Water Supply Well Fields in the Wilmington area
Natural and Cultural Resource Areas –this includes complex natural areas, unique geological formations, significant archeological and historic architectural resources

What is considered development?

The definition of development (G.S. 113A-103(5)(a)) states: “Development means any activity in a duly designated Area of Environmental Concern involving, requiring, or consisting of the construction or enlargement of a structure; excavation; dredging, filling; dumping; removal of clay, silt, sand, gravel or minerals; bulk heading, driving of pilings; clearing or alteration of land as an adjunct of construction; alteration or removal of sand dunes; alteration of the shore, bank, or bottom of the Atlantic Ocean or any sound, bay, river, creek, stream, lake, or canal.”

Will I need a major or minor CAMA permit?

A major permit is required when a project:

Occupies 20 acres of AECs;
Has a structure or structures in excess of 60,000 square feet of ground area on a single parcel of land in an AEC; or,
Requires licensing, approval, certification, or authorization from another N.C. agency or Federal agency or authority.

You will need to contact the Division of Coastal Management if you require a major permit (Wilmington office (910) 798-7215).

Other development within an AEC may fall under a minor permit. The New Hanover County Zoning Division is the local permitting office for CAMA minor permits. More information about CAMA minor permits may be found on our CAMA page.

9. How can I find out if my home is located in floodplain?

Click here to access New Hanover County’s GIS service.

10. Can I build in floodway?

No. A structure may not be built in a Floodway, unless it can be demonstrated by engineering that the development will have no adverse impact on flooding. A "Floodway" is defined as 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 foot.

11. Do I need a permit to build a fence?

No. You should check with your neighborhood home owner’s association for any restrictions on fences, but you will not need a permit from our office.

12. Does Zoning regulate noise issues?

No. Contact the New Hanover County Sheriff’s Department at (910) 798-4206 with noise complaints.

13. Does Zoning regulate animal issues?

No. Contact New Hanover County Animal Control Services at (910) 341-4197.

14. Can I operate a Residential Care Facility in my area and is a permit required?

A "Residential Care Facility" is defined as a home with support and supervisory personnel that provides room and board, personal care and rehabilitation services in a family environment for not more than six resident handicapped persons. A residential or family care facility shall not be located within 2000 feet radius of an existing residential care home. A permit is required.

15. What is a variance, and how do I obtain one?

A variance is a relaxation of the terms of the Zoning Ordinance when the variance will not be contrary to the public interest and where, due to the peculiar conditions of the property, literal enforcement of the Ordinance would result in unnecessary and undue hardship. A variance is authorized only for height, area, and size of structures, or size of yards and open spaces, or for establishment or expansions of nonconforming uses. Click here for more information about obtaining a variance.

16. What is required by the Zoning office to open a business in New Hanover County?

If you are moving into an existing building, you will need to apply for a change of use or occupancy certification permit with the Inspections Department. You will need to know if the property is zoned correctly for the business you would like to open. If your building requires any new construction, you will need to apply for a building permit with the Inspections Department.

17. Do I need a permit to put up a sign?

Yes. You will need to apply for a commercial sign permit. For more information about signs, refer to Section 91 of the New Hanover County Zoning Ordinance.