Planning Board approves text amendment to loosen setback rules for accessory structures

The Pender County Planning Board on Jan. 7 unanimously approved a zoning text amendment to Section 5.3.3 of the county Unified Development Ordinance that reduces some setback and separation requirements for accessory structures.

Justin Brantley of the Pender County Planning Department presented the proposal, which changes the existing tiered rules for accessory structures by lowering separation and setback burdens that previously made larger accessory buildings difficult to site on many lots. Under the prior code, accessory buildings above certain size thresholds were subject to larger setbacks and a 30-foot structure separation in many residential districts; the amendment reduces those separation and setback dimensions for common accessory-building sizes and adjusts the foundation-survey trigger.

Brantley said the change is intended to provide property owners more flexibility to place typical accessory buildings (for example, 1,200-square-foot garages or storage buildings) without forcing unusually large setbacks that can make ordinary lots unbuildable for those structures. He said staff examined 2024 permit data showing average accessory-building sizes and concluded the amendment would bring many common projects into better alignment with lot realities. Brantley also said the amendment could reduce the number of foundation surveys required because a commonly used “double the setback” exemption would be easier for property owners to meet.

Three members of the public signed to speak in favor of the amendment, and no public opposition was recorded. Board members discussed fire-code and building-code implications and staff said the building code — not the UDO — informs required fire barriers and certain materials when buildings are placed close together; those requirements remain unchanged. The board found the amendment consistent with the intent of the Pender 2.0 comprehensive land use plan and voted to approve the text change. The vote was unanimous.

Planning staff said homeowners associations and private covenants remain free to limit accessory structures beyond the county rules; the amendment applies only to county regulation. Staff recommended the Board of Commissioners adopt the change.