TA19-01_Amendment (04-04-2019 Planning Board Meeting)TA19-01 Text Amendment PB 4.4.2019 Page 1 of 39
Section 50: Table of Permitted Uses
Permitted Uses PD
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Agriculture, Forestry, Fishing
Agricultural Uses P P P P P P P P P P P P P P P P P P P P P P
Kennels P S S S P P P P P P S P S P 63.19
72-26
Veterinaries P P P P P P S P P P
Wholesale Nurseries & Greenhouses
(12/13/82) P P P P P P P P P P P P P P P P P
Construction
General Building Contractor P P P P P P S 63.14
General Contractors Other Than
Building P P P P P S 63.14
Landscaping Contractors (12/13/82) P P P P P P S 63.14
Special Trade Contractors P P P P P P S 63.14
Special Trade & General Contractors
with no Outside Storage (12/5/88) P P P P P
P P
Transportation, Communication, Utilities
Solar Power Farms P P S
Air Transportation P P P P P
Bus & Taxi Terminals (2/14/83) P P P P P P
Commercial Marina with Floating
Structures (4/2/84) S S S S S S S S S
Commercial Marina (2/14/84) P S S S S S S S S S S S P P P P P S P 72-31
Dry Stack Storage of Boats: (1/7/08)
As a stand-alone warehouse P P P P P
As accessory to a marina P S S S S P P P P P P
Commercial Parking Lots P P P 63.17
TA19-01 Text Amendment PB 4.4.2019 Page 2 of 39
Permitted Uses PD
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Electric / Gas & Sanitary Services P P P P P P P P P P P P P P P P P P P P P P P 63.14
Electric Substations P S S S S S S S S S P P P P P P P S P P S P 63.14
Junk Yards, Scrap Processing (See
Section 63.3-2)
P 63.3-2
423930
423140
423130
Mini-Warehouses P P P P P P P
Motor Freight Transportation
Warehousing P P P P P
Post Offices P P P P P P P P P
Railroad Transportation P P P
Recreational Vehicle and Boat Trailer
Storage Lots (2/3/14) P P P P P P P P 63.10
Telephone & Telegraph Facilities P P P P P P P P P P P P P P P P P P P P P P P
TV & Radio Broadcasting P P P P P S P
Warehousing P P P P P P P 63.20
Water Transportation Facilities P P P P P P
Other Communication Facilities
Including Towers (2/5/96) S S S S S
S S S S S S S S S S P P S S S S S S
Antenna & Towers Less Than 70 Ft.
In Height & Ancillary to the Principal
Use (2/5/96)
P P P P P
P
P P P P P P P P P P P P P P P P P 63.5-1
Cellular & PCS Antennas (See Section
63.5-1 (H) P P P P P
P P P P P P P P P P P P P P P P P P 63.5-1
Amateur Radio Antennas (up to 90
ft.) (10/07) P P P P P P P P P P P P P P P P P P P P P P 63.5-1
Wholesale Trade
Livestock Sales P
Wholesaling P P P P P 63.20
TA19-01 Text Amendment PB 4.4.2019 Page 3 of 39
Permitted Uses PD
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Wholesaling With No Outside
Storage (11/2/81) P P P P P
Wholesaling Seafood With Water
Frontage P P P P P
Retail Trade
Apparel & Accessory Store P P P P P P P P 63.13
Automobile Service Station P P P P P P P P P S 63.15
Automobile Dealers & Truck Sales P P P P P P
Boat Dealers P P P P P P
Building Material & Garden Supplies P P P P P P P 63.13
Convenience Food Store (7/5/85) P S S S P P P P P P S S P S P 63.13
Drug Store P P P P P P P 63.13
Neighborhood Drug Store P P P P 63.13
Eating and Drinking Places P P P P P P P P P P
Entertainment Establishments, Bars,
Cabarets, Discos P S P P
P P
Entertainment Establishments, Bars,
Cabarets, in a Shopping Center P P P P
P P
Farm Implement Sales P P P P P P P
Food Stores P P P P P P P P 63.13
Fruit & Vegetable Stand Produced on
Same Parcel as Offered for Sale P P P P P P P P P
Furniture, Home Furnishing &
Equipment P P P P P P P P P 63.13
General Merchandise Stores P P P P P P P P 63.13
Handcrafting Small Articles P P P P P P P P
TA19-01 Text Amendment PB 4.4.2019 Page 4 of 39
Permitted Uses PD
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Hardware P P P P P P P P 63.13
Landscaping Service P P P P P P P 63.14
Miscellaneous Retail P P P P P P P P 63.13
Mobile Home Dealers &
Prefabricated Buildings (5/6/85) P P P P P
Retail Nurseries (12/13/82) P P P P P P S P P
Historic Restaurant P S P P P P
Financing, Insurance, Real Estate
Banks, Credit Agencies, Savings &
Loans P P P P P P P P P
Services
Adult Entertainment Establishments S
Automobile / Boat Repair Sales P P P P P P
Automobile Rentals P P P P P S 63.14
Barber / Beauty Shop (10/90,
7/10/06) P P P P P P P
P P P
Bed and Breakfast Inn (6/5/06) S S S S S P
Business Services Including Printing P P P P P P P P P
Camping, Travel Trailer Parks
(2/14/83) P S S S S S P S
Drive-In Theater P P P P
Dry Cleaning / Laundry Plant P P P P P P P
Electrical Repair Shop P P P P P
Equipment Rental & Leasing P P P P P P S 63.14
Funeral Home P P P P P P
Golf Courses P P P P P P P P P P P P P P
Hotels & Motels (12/13/82) P P P P P P
TA19-01 Text Amendment PB 4.4.2019 Page 5 of 39
Permitted Uses PD
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Indoor Recreation Establishments P S S S S S S S S S S P P P P P P S S P P S P
Outdoor Recreation Establishments P S S S S S S S S S S P P P P P P S S S P S P
Indoor Theater (2/14/83) P P P P P P P
Outdoor Shooting Ranges (2/7/83) S S
Parks & Recreation Area (4/2/07) P P P P P P P P P P P P P P P P P P P P P P P
Personal Services P P P P P P P P
Repair Shop P 63.14
Resort Hotel / Motel (1/4/83) P P P P P P
Stables (3/2/81) P P P P P P P P P
Septic Tank Vacuum Service P P P P P 562991
Watch, Clock, Jewelry Repair P P P P P P P P
Health
Adult Day Care P S S S S S S S S S S P P S P
Child Care Center (10/7/13) P S S S S S S S S S S P P P S S P P S S P
Community Center P S S S S S S S S S S P P P S P
Family Child Care Home (10/7/13) P P P P P P P P P P P S S S P S P 72-20
Group Home (12/14/15) P P P P P P P P P P P S S P P P 63.11
Hospitals P S S S S S P P S P
Laboratories, Testing P P P
Nursing Home/Rehabilitation Center
(11/10/08) P S S S S
S S S S S S S P P S P
Residential Care (9/8/81) P P P P P S P P P P P P P P P 63.4
Educational Services
Colleges, Universities, Professional
Schools & Technical Institutions P S S S S
S P P
P S P
Elementary & Secondary Schools P P P P P S S S S S S P P P
Libraries P P P P P S P P P P P P P P P P P P P
TA19-01 Text Amendment PB 4.4.2019 Page 6 of 39
Permitted Uses PD
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Museums (5/2/83) P P P P P P P P
Membership Organizations
Churches P P P P P S P P P P P P P P P P P P P P P P P 63.16
Labor Organizations P P P P P
Lodges, Fraternal & Social
Organizations (5/2/83) P S S S S
S P P P P P S S P
Fraternities / Sororities, Residential P P P P
Other
Accessory Buildings or Uses, clearly
incidental to the Permitted Use or
Building (see Section 63.2)
P P P P P
P
P P P P P P P P P P P P P P P P P
Accessory Dwelling Unit P P P P P 63.2
Additional Height Allowance S
Cemeteries S S S S S S S S S S S S S S
Christmas Tree Sales (7/6/92) P P P P P P P P P P P 63.1
Circuses, Carnivals, Fairs & Side
Shows of No More than 30 Days
Duration Per Year
P P P P P P P P
Community Boating Facility (8/6/92) S S S S S S S S S S S S S S
Private Residential Boating Facility
(9/19/92) P P P P P P P P P P P P P P
Demolition-Landscape Landfill P P P P P P P P P P P P P P 63.3-3 562219
Duplexes P S P S P P P P P P P
Dwelling Unit Contained within
Principal Use(4/85) P S S S P S S S P 63.18
Electronic Gaming Operations
(5/3/10) (see section 63.10) P S P S 63.10
TA19-01 Text Amendment PB 4.4.2019 Page 7 of 39
Permitted Uses PD
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Evangelistic and Religious Assemblies
not Conducted at a Church (7/6/92) P P P P P
P P P P P P P P P P P P P P P P P P 63.1
Government Offices & Buildings P S S S S S P P P P P P P P P P P P P P P S P
High Density Development P S S S S 72-43
Home Occupation P P P P P P P P P P P P P P
Mobile Home S P P P S S P S
Mobile Home, Doublewide (6/7/82) P P P P P S S P P
Mobile Home Park (Density shall not
exceed 2.5 Units Beyond
Employment Center, Urban Mixed
Use, or Community Mixed Use Place
Types (2/16/87, 10/11/95, 9/6/16)
P S S
S S
Mobile Home Subdivision (6/1/92) S S S S S S
Motion Pictures Producing &
Distribution P P
Offices for Private Business &
Professional Activities P P P P P P P P P P
Outdoor Advertising P P P
Pumpkin Sales (7/6/92) P P P P P P P P P P 63.1
Principal Use Sign P P P P P P P P P
Research Facilities P P P P P P P
Residential Private Pier P P P P P P P P P P P P P
Septage, Sludge Disposal (7/6/83,
8/1/83) S 72-33 221320
Senior Living: Active adult retirement
community or Independent Living
(11/10/08)
S S S S P
TA19-01 Text Amendment PB 4.4.2019 Page 8 of 39
Permitted Uses PD
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Senior Living: Assisted Living or
Personal Care Facility (11/10/08) S S S S S S S S S S S P
Senior Living: Continuing Care
Retirement Community or Life Care
Community (11/10/08)
P S S S S S P
Single Family Dwelling P P P P P P P P P P P S S P P P P P
Single Family Dwelling-Attached
(1/4/82) P P P P P P P P P P S S P P 63.4-4
Special Fund Raising for Non-Profit
Organizations (7/6/92) P P P P P P P P P P P P P P P P P P P P P P
Temporary Sign P P P P P P P P P P P P P P P P P P P P P P P
Recycling Facilities: (1/3/89)
Small Collection P S S S S S S S S S S P P P P P P S S P P P 63.3-4 562920
Large Collection P S S S S S P P P P S S P S 63.3-4 562920
Processing S P P S 63.3-4 562920
Large Collection with Processing S S S S S 63.3-4 562920
Temporary Relocation Housing P P P P P P P P P P P P P P P P P P P P P P P P 63.12
Manufacturing
Artisan Manufacturing P P P P P P P P P P 63.21
Animal Food Manufacturing P S S P P P 3111
Grain and Oilseed Milling P S S P P P 3112
Sugar and Confectionery Product
Manufacturing P S P P P P 3113
Fruit and Vegetable Preserving and
Specialty Food Manufacturing P S S P P P 3114
Dairy Product Manufacturing P S S P P P 3115
TA19-01 Text Amendment PB 4.4.2019 Page 9 of 39
Permitted Uses PD
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Seafood Product Preparation and
Packaging P S S P P P 3117
Bakeries and Tortilla Manufacturing P S S P P P 3118
Other Food Manufacturing P S S P P P 3119
Beverage Manufacturing P S S P P P 3121
Tobacco Manufacturing S P 3122
Fiber, Yarn, and Thread Mills S P S 3131
Fabric Mills S P S 3132
Textile and Fabric Finishing and
Fabric Coating Mills S P S 3133
Textile Furnishings Mills S S P S 3141
Other Textile Product Mills S S P S 3149
Apparel Knitting Mills S S P S 3151
Cut and Sew Apparel Manufacturing P P P P 3152
Apparel Accessories and Other
Apparel Manufacturing P P P P 3159
Leather and Hide Tanning and
Finishing S P 3161
Footwear Manufacturing P P P P 3162
Other Leather and Allied Product
Manufacturing P P P P 3169
Sawmills and Wood Preservation S S P 3211
Veneer, Plywood, and Engineered
Wood Product Manufacturing S S P P 3212
Other Wood Product Manufacturing S S P 3219
Converted Paper Product
Manufacturing S P 3222
TA19-01 Text Amendment PB 4.4.2019 Page 10 of 39
Permitted Uses PD
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Printing and Related Support
Activities P S S P P
P 3231
Basic Chemical Manufacturing S P 3251
Resin, Synthetic Rubber, and
Artificial Synthetic Fibers and
Filaments Manufacturing
S P 3252
Pharmaceutical and Medicine
Manufacturing P P P 3254
Paint, Coating, and Adhesive
Manufacturing S P 3255
Soap, Cleaning Compound, and
Toilet Preparation Manufacturing S P 3256
Other Chemical Product and
Preparation Manufacturing
[Except: Explosives Manufacturing
(NAICS 325920) and All Other
Miscellaneous Chemical Product and
Preparation Manufacturing (NAICS
325998)]
S P 3259
Plastics Product Manufacturing S P S 3261
Rubber Product Manufacturing S P 3262
Clay Product and Refractory
Manufacturing S P 3271
Glass and Glass Product
Manufacturing S P 3272
TA19-01 Text Amendment PB 4.4.2019 Page 11 of 39
Permitted Uses PD
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Cement and Concrete Product
Manufacturing
[Except: Cement Manufacturing
(NAICS 32731)]
S P 3273
Other Nonmetallic Mineral Product
Manufacturing S P 3279
Iron and Steel Mills and Ferroalloy
Manufacturing
S P 3311
Steel Product Manufacturing from
Purchased Steel S
P 3312
Alumina and Aluminum Production
and Processing
[Except: Alumina Refining and
Primary Aluminum Production
(NAICS 331313) and Secondary
Smelting and Alloying of Aluminum
(NAICS 331314)]
S P 3313
Nonferrous Metal (except
Aluminum) Production & Processing S P 3314
Forging and Stamping S P 3321
Cutlery and Handtool Manufacturing P S S P P P 3322
Architectural and Structural Metals
Manufacturing S P S 3323
Boiler, Tank, and Shipping Container
Manufacturing S P S 3324
Hardware Manufacturing P S S P P P 3325
Spring and Wire Product
Manufacturing P S S P P P 3326
TA19-01 Text Amendment PB 4.4.2019 Page 12 of 39
Permitted Uses PD
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Machine Shops; Turned Product; and
Screw, Nut, and Bolt Manufacturing S P 3327
Coating, Engraving, Heat Treating,
and Allied Activities
S P 3328
Other Fabricated Metal Product
Manufacturing S S P S 3329
Agriculture, Construction, and
Mining Machinery Manufacturing P S S P P P 3331
Industrial Machinery Manufacturing P S P P P P 3332
Commercial and Service Industry
Machinery Manufacturing P S P P P P 3333
Ventilation, Heating, Air-
Conditioning, and Commercial
Refrigeration Equipment
Manufacturing
P S S P P P 3334
Metalworking Machinery
Manufacturing P S S P P P 3335
Engine, Turbine, and Power
Transmission Equipment
Manufacturing
P S P P P P 3336
Other General Purpose Machinery
Manufacturing P S P P P P 3339
Computer and Peripheral Equipment
Manufacturing P S S P P P 3341
Communications Equipment
Manufacturing P S S P P P 3342
Audio and Video Equipment
Manufacturing P S S P P P 3343
TA19-01 Text Amendment PB 4.4.2019 Page 13 of 39
Permitted Uses PD
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Semiconductor and Other Electronic
Component Manufacturing P S S P P P 3344
Navigational, Measuring,
Electromedical, and Control
Instruments Manufacturing
P S P P P P 3345
Manufacturing and Reproducing
Magnetic and Optical Media P S S P P P 3346
Electric Lighting Equipment
Manufacturing P S P P P P 3351
Household Appliance Manufacturing P S S P P P 3352
Electrical Equipment Manufacturing P S S P P P 3353
Other Electrical Equipment and
Component Manufacturing P S P P P P 3359
Motor Vehicle Manufacturing S P S 3361
Motor Vehicle Body and Trailer
Manufacturing S P S 3362
Motor Vehicle Parts Manufacturing S P P 3363
Aerospace Product and Parts
Manufacturing S P P 3364
Railroad Rolling Stock Manufacturing S P P 3365
Ship and Boat Building S P P 3366
Other Transportation Equipment
Manufacturing S P P 3369
Household and Institutional
Furniture and Kitchen Cabinet
Manufacturing
P S S P P P 3371
Office Furniture (including Fixtures)
Manufacturing P S S P P P 3372
TA19-01 Text Amendment PB 4.4.2019 Page 14 of 39
Permitted Uses PD
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Other Furniture Related Product Man. P S S P P P 3379
Medical Equipment and Supplies
Manufacturing P P P P 3391
Other Miscellaneous Manufacturing P S P P P P 3399
Intensive Manufacturing
Animal Slaughtering and Processing S 3116
Pulp, Paper, and Paperboard Mills S 3221
Petroleum and Coal Products
Manufacturing
S 3241
Pesticide, Fertilizer, and Other
Agricultural Chemical Manufacturing
S 3253
Explosives Manufacturing S 325920
All Other Miscellaneous Chemical
Product and Preparation
Manufacturing
S 325998
Cement Manufacturing S 32731
Lime and Gypsum Product
Manufacturing
S 3274
Alumina Refining and Primary
Aluminum Production S 331313
Secondary Smelting and Alloying of
Aluminum S 331314
Foundries S 3315
Fuel Bulk Storage Facilities S
Electricity Generating Facilities S
Sanitary Landfill S 72-13 562212
Mining & Quarrying (Low Intensity) S S 72-42 21
TA19-01 Text Amendment PB 4.4.2019 Page 15 of 39
Permitted Uses PD
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Mining & Quarrying (High Intensity) S 72-42 21
TA19-01 Text Amendment PB 4.4.2019 Page 16 of 39
Section 51.9: R-5 Moderate-High Residential District
Intent: The intent of the R-5 Moderate-High Residential District is to provide moderate to high density
residential development on smaller lots with a compact and walkable development pattern. R-5 zoning
allows a range of housing types and can be developed in conjunction with a non-residential district to
create a mixed-use development pattern as well as serve as a transition between mixed-use or
commercial development and low to moderate density residential development, such as R-7 and R-10
zoning.
Dimensional Requirements:
Conventional Subdivision Lots
Minimum Lot Size 5,000 sf detached single family
7,500 sf duplex
12,500 sf 3-unit attached single family
17,500 sf 4-unit attached single family
Minimum Lot Width 50 ft.
Front Setback (minimum) 20 ft.
Rear Setback (minimum) 15 ft.
Side, Interior Setback (minimum) 7 ft.
Side, Street Setback (minimum) 10.5 ft.
Performance Subdivision Lots
Maximum Density 8 units/acre
Perimeter Setbacks 20 ft.
Building Separation between detached single family 10 ft.
Building Separation between detached single family and duplex 20 ft.
Building Separation between 3+-unit attached and all other dwellings 20 ft.
Structure Size (maximum)
Height 35 ft.
TA19-01 Text Amendment PB 4.4.2019 Page 17 of 39
Section 51.10: RMF-L Residential Multi-Family Low Density District
Intent: The RMF-L District is established for moderate density single family and low density multi-family
development of varying types and designs. It functions as an alternative housing type near or in direct
relationship to single-family detached housing.
Dimensional Requirements:
Conventional Subdivision Lots
Minimum Lot Size 5,000 sf detached single family
7,500 sf duplex
12,500 sf 3-unit attached single family
17,500 sf 4-unit attached single family
20,000 sf multi-family (5+ attached units)
Minimum Lot Width 50 ft. detached single family
duplexes, 3-unit & 4 –unit attached
100 ft. multi-family
Front Setback (minimum) 20 ft. detached single family
duplexes, 3-unit & 4 –unit attached
35 ft. multi-family
Rear Setback (minimum) 15 ft. detached single family
duplexes, 3-unit & 4 –unit attached
25 ft. multi-family
Side, Interior Setback (minimum) 5 ft. detached single family
duplexes, 3-unit & 4 –unit attached
20 ft. multi-family
Side, Street Setback (minimum) 10 ft. detached single family
duplexes, 3-unit & 4 –unit attached
30 ft. multi-family
Maximum Density 10 units/acre
Performance Subdivision Lots (no minimum lot sizes, allows clustering)
Maximum Density 10 units/acre
Perimeter Setbacks 20 ft.
Building Separation between detached single family 10 ft.
Building Separation between detached single family and duplex 20 ft.
Building Separation between 3+-unit attached and all other
dwellings
20 ft.
Structure Size (maximum)
Height 3 stories, with a maximum of 45 ft.*
* Heights over 35 ft. subject to additional setback of 4 additional feet.
TA19-01 Text Amendment PB 4.4.2019 Page 18 of 39
Section 51.11: RMF-M Residential Multi-Family Moderate Density District
Intent: The RMF-M District is established for moderate density single-family and multi-family
development of varying types and designs. It functions as a transitional land use between intensive
nonresidential uses or higher density residential areas and lower density residential areas. The district is
designed to provide a reasonable range of choice, type, and location of housing units within the
unincorporated county.
Dimensional Requirements:
Conventional Subdivision Lots (specifies minimum lot sizes)
Minimum Lot Size 5,000 sf detached single family
7,500 sf duplex
12,500 sf 3-unit attached single family
17,500 sf 4-unit attached single family
20,000 sf multi-family (5+ attached units)
Minimum Lot Width 50 ft. detached single family
duplexes, 3-unit & 4 –unit attached
100 ft. multi-family
Front Setback (minimum) 20 ft. detached single family
duplexes, 3-unit & 4 –unit attached
35 ft. multi-family
Rear Setback (minimum) 15 ft. detached single family
duplexes, 3-unit & 4 –unit attached
25 ft. multi-family
Side, Interior Setback (minimum) 5 ft. detached single family
duplexes, 3-unit & 4 –unit attached
20 ft. multi-family
Side, Street Setback (minimum) 10 ft. detached single family
duplexes, 3-unit & 4 –unit attached
30 ft. multi-family
Maximum Density 17 units/acre
Performance Subdivision Lots (no minimum lot sizes, allows clustering)
Maximum Density 17 units/acre
Perimeter Setbacks 20 ft.
Building Separation between detached single family 10 ft.
Building Separation between detached single family and duplex 20 ft.
Building Separation between 3+-unit attached and all other
dwellings
20 ft.
Structure Size (maximum)
Height 3 stories, with a maximum of 45 ft.*
* Heights over 35 ft. subject to additional setback of 4 additional feet.
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Section 51.12: RMF-MH Residential Multi-Family Medium-High Density District
Intent: The RMF-MH District is established for medium-high density residential development of varying
types and designs, with emphasis on midrise structures. It functions as a transitional land use between
intensive nonresidential uses and lower density residential areas. The district is designed to be located
near suburban shopping centers and employment centers.
Dimensional Requirements:
Conventional Subdivision Lots
Minimum Lot Size 4,000 sf detached single family
7,500 sf duplex
12,500 sf 3-unit attached single family
17,500 sf 4-unit attached single family
20,000 sf multi-family (5+ attached units)
Minimum Lot Width 40 ft. detached single family
duplexes, 3-unit & 4 –unit attached
90 ft. multi-family
Front Setback (minimum) 15 ft. detached single family
duplexes, 3-unit & 4 –unit attached
30 ft. multi-family
Rear Setback (minimum) 15 ft. detached single family
duplexes, 3-unit & 4 –unit attached
25 ft. multi-family
Side, Interior Setback (minimum) 5 ft. detached single family
duplexes, 3-unit & 4 –unit attached
20 ft. multi-family
Side, Street Setback (minimum) 10 ft. detached single family
duplexes, 3-unit & 4 –unit attached
30 ft. multi-family
Maximum Density 25 units/acre
Performance Subdivision Lots
Maximum Density 25 units/acre
Perimeter Setbacks 20 ft.
Building Separation between detached single family 10 ft.
Building Separation between detached single family and duplex 20 ft.
Building Separation between 3+-unit attached and all other
dwellings
20 ft.
Structure Size (maximum)
Height 3 stories, with a maximum of 45 ft.*
* Heights over 35 ft. subject to additional setback of 4 additional feet.
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Section 51.13: RMF-H Residential Multi-Family High Density District
The RMF-H district is established for high density residential development of varying types and designs,
with emphasis on midrise and high-rise structures. This district is designed to be located in close
proximity to major population centers, areas identified for targeted growth, employment centers, and
destination nodes.
Dimensional Requirements:
Conventional Subdivision Lots
Minimum Lot Size 3,000 sf detached single family
6,000 sf duplex
9,000 sf 3-unit attached single family
12,000 sf 4-unit attached single family
15,000 sf multi-family (5+ attached units)
Minimum Lot Width 40 ft. detached single family
duplexes, 3-unit & 4 –unit attached
80 ft. multi-family
Front Setback (minimum) 15 ft. detached single family
duplexes, 3-unit & 4 –unit attached
30 ft. multi-family
Rear Setback (minimum) 15 ft. detached single family
duplexes, 3-unit & 4 –unit attached
25 ft. multi-family
Side, Interior Setback (minimum) 5 ft. detached single family
duplexes, 3-unit & 4 –unit attached
20 ft. multi-family
Side, Street Setback (minimum) 10 ft. detached single family
duplexes, 3-unit & 4 –unit attached
30 ft. multi-family
Maximum Density 36 units/acre
Performance Subdivision Lots
Maximum Density 36 units/acre
Perimeter Setbacks 20 ft.
Building Separation between detached single family 10 ft.
Building Separation between detached single family and duplex 20 ft.
Building Separation between 3+-unit attached and all other
dwellings
20 ft.
Structure Size (maximum)
Height 3 stories, with a maximum of 45 ft.*
* Heights over 35 ft. subject to additional setback of 4 additional feet.
TA19-01 Text Amendment PB 4.4.2019 Page 21 of 39
Section 52.5: Community Business (CB) District
Intent: The intent of the Community Business district is to provide for the development, growth, and
continued operation of businesses that serve surrounding single and multi-family residential
neighborhoods with goods and services needed for a variety of daily and long-term purposes. Community
Business districts should be designed in a format and scale that is accessible to both vehicles and
pedestrians. Community Business should be located within New Hanover County at intersections and
along streets that will allow multiple neighborhoods access to the district’s businesses. Community
Business zoning can serve as a buffer between higher density/intensity development and moderate or
low density multi-family and single family neighborhoods.
Dimensional Requirements:
Lot & Setback Requirements
Minimum Lot Size ½ acre
Minimum Lot Width 80 ft.
Front Setback (minimum) 20 ft.
Rear Setback (minimum) 10 ft. generally
25 ft. when abutting residential district
Interior Side Setback (minimum) 0 ft. generally
20 ft. when abutting residential district
Corner Side Setback (minimum) 20 ft.
Structure Size (maximum)
Height 3 stories, with a maximum of 45 ft.*
Floor Area per Development Site 100,000 ft2
* Heights over 35 ft. subject to additional setbacks and bufferyards of 4 ft.
TA19-01 Text Amendment PB 4.4.2019 Page 22 of 39
Section 52.6: Commercial Services (CS) District
Intent: The Commercial Services district is established to accommodate a mixture of light manufacturing,
wholesale, storage, commercial service and repair, and distributive business type uses. It functions as a
support district to nearby intensive industrial and commercial uses. The district is designed to be act as a
transitional land use between intensive industrial and commercial development and less intensive
commercial, office, and institutional uses.
Dimensional Requirements:
Lot Requirements
Lot area, minimum 7,500 ft2
Lot width, minimum 65 ft.
Setbacks (minimum)—see Additional Yard Standards for building over 35 ft. in height
Front 35 ft.
Side, street 25 ft. along highways & major thoroughfares
17.5 ft. along all other public highways or streets
Side, interior 7 ft. generally
30 ft. when abutting residential district
Rear 15 ft. generally
35 ft. when abutting residential district
Structure Size (maximum)
Height 40 ft.*
* Heights over 35 ft. subject to additional setbacks and bufferyards of 4 ft.
District Specific Requirements:
Lighting: All new construction where exterior site lighting is provided shall observe the following
limitations as to height:
A. Unrestricted lighting: 10 ft.
B. Ninety-degree cutoff lighting: 15 ft.
In no case shall lighting for new construction be located or installed so as to shine directly onto
residential premises.
TA19-01 Text Amendment PB 4.4.2019 Page 23 of 39
Section 54.2: Planned Development (PD) District
54.2-1: Intent - The PD District is established to foster the mixing of various land uses under an integrated
development plan that would otherwise not be possible under general district requirements. It is
designed to promote economical and efficient patterns of land use which are sensitive to natural
features and site amenities and which decrease automobile travel time and trip length; encourage
trip consolidation and transit opportunities; foster bicycle and pedestrian movements; reduce
energy consumption and demands; and encourage unified and compatible development between
land uses for the benefit of all County residents. The PD District is intended to provide flexibility
in permitting large-scale planned urban development within the constraints of the County's Land
Use Plan, in situations where the owners of the property present a development plan which is
found to be in the public interest and which provides necessary urban services and improvements
required by this Ordinance and the County's Policies for Growth and Development. (8/1/11)
The PD District requires approval of a master land use plan whereby flexibility in building design,
layout and siting, mixtures in housing types and land uses, usable open space, and the
preservation of significant natural features is permitted.
The Planned Development district is established to encourage innovative land planning and site
design concepts that support a high quality of life and achieve a high quality of development under
an integrated development plan that would otherwise not be possible under general district
requirements. It is designed to:
1. Create new planned development districts for specialized purposes where tracts are
suitable in location, area, and character for development on a unified basis;
2. Promote economical and efficient patterns of land use that are sensitive to natural
features;
3. Reduce automotive traffic congestion by a reasonably close relationship between origins
and destinations of persons living, working, or visiting in such development; and
4. Encourage unified developments consistent with the goals of the county’s
Comprehensive Plan and compatible with surrounding land uses.
54.2-2: District Regulations:
(1) Minimum District Size: A contiguous gross land area of one hundred (100) 10 acres or
more under common ownership or joint petition.
(2) Maximum Building Height: The maximum building height for residential, commercial, and
office and institutional structures shall be forty (40) feet; except that the maximum height
for buildings located within the Urban Mixed Use, Community Mixed Use, or Employment
Center place types as indicated on the County's Land Classification Map and fronting along
a collector, minor arterial or principal arterial as indicated on the Wilmington Urban Area
MPO functional classification map shall be eighty (80) feet. (10/5/95) (8/1/11) (9/6/16)
(3) Building Setback and Separation: Residential Bbuildings located on the periphery of the
PD District shall be setback a minimum of twenty (20) feet from the PD District boundary.
Industrial uses must meet the setback requirements outlined for the I-1 district.
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Commercial and office uses must meet the setback requirements outlined for the CB
district.
(4) All buildings shall be setback at least ten (10) feet from all pedestrian and bicycle paths
and fifty (50) feet along US and NC numbered highways and major thoroughfares. No
building shall encroach upon the right-of-way of a proposed thoroughfare as designated
by the Wilmington Area Thoroughfare Plan or its equivalent adopted transportation
planning document. In no case shall any part of a detached single family dwelling unit or
its accessory structure be located closer than ten (10) feet to any part of any other
detached single family dwelling or its accessory structure; and in no case shall any part of
a multiple dwelling unit or its accessory structure be located closer than twenty (20) feet
to any part of another dwelling unit, accessory structure, or non-residential buildings.
(2/87) (11/05) (8/1/11)
(4) Fringe Use Area: To insure compatibility with adjoining land uses, a fringe use area, two
hundred (200) feet in width, shall be established along the exterior property lines of the
PD District where the exterior property lines of the PD District are adjacent to residential
uses and/or platted residential lots. If the exterior property line of the PD district is not
adjacent to residential uses and/or platted residential lots, then no fringe use area will be
required. If a fringe use area is required, only residential uses or open space may be
permitted within the first one hundred 100 feet of that fringe area. Rights-of-way,
stormwater utilities, and active recreation areas may be permitted within the interior one
hundred (100) feet of the fringe area. The maximum building height within the fringe use
area shall be thirty-five (35) feet. (8/1/11)
(A) Required setback = (Building Height) x (2.75) In no case shall the minimum setback
be less than 25 feet. The part of the yard adjacent to the residential districts shall
be used only for buffering and as specified in Section 62. (3/9/88)
(5) Land Use Mixture: No more than thirty (30) percent of the PD District shall be used for
light industrial, commercial, and office and institutional purposes.
(6) Maximum Density: (1/2/90)
(A) Allowable density shall be determined by the Site Capacity Standards for High
Density Development as authorized in Section 72-43 of this Ordinance, except
that land intended for commercial, office and institutional, and industrial uses
shall also be subtracted from the gross site area. The residential density factor of
the PD district shall be 4.25 dwelling units per acre if the PD shall be located within
the Urban Mixed Use, Community Mixed Use, General Residential, or
Employment Center place types. (10/5/95) (9/6/16)
(B) Residential units shall not be allowed at a density greater than 2.5 units per acre
in the AE and VE special flood hazard areas and CAMA Estuarine Areas of
Environmental Concern. (2/16/87) (9/6/16)
(C) If the PD District shall be located within the Employment Center, Urban Mixed
Use, or Community Mixed Use place types, the residential density factor of the
PD District may be increased by using the following "Density Bonus Chart". An
increase in density from 4.25 to 10.2 dwelling units per acre requires a total score
TA19-01 Text Amendment PB 4.4.2019 Page 25 of 39
of 75 points or more. An increase in density from 10.2 to 17 units per acre requires
a total score of 165 points or more. (2/16/87) (10/5/95) (8/1/11) (9/6/16)
Density Bonus Chart Density
Points
Adjacent to a Minor or Principal Arterial Facility as indicated on the County's Thoroughfare
Classification Plan and providing a public collector road plan and a public or private local
street plan that include sidewalks and bicycle facilities to provide an efficient variety of
choices for moving people around and through the proposed development 15
Within one mile by road of established businesses sufficient to support a total employment
equal to 85% of the anticipated labor force (calculated at one worker per unit) of the PD
district population. 15
If the PD is located in a manner that satisfied at least two of the following criteria:
1. Within one road mile of a neighborhood convenience store offering basic grocery items and
other items.
2. Within two road miles of a community shopping center. A community shopping center is
defined as a site with a common parking area, a grocery store, and at least two of the
following types of retail establishments: drug store, hardware store, dry cleaners, variety
retail, department store, discount store or restaurant.
3. Within three miles of regional shopping center consisting of over 100,000 sq. ft. of retail
space for sales and storage. 15
At least 1/2 mile inland of coastal wetlands, estuarine waters, estuarine shorelines and public
trust waters and preserves riparian buffers and incorporates LID techniques for stormwater
controls. 25
All structures are located beyond the 100-year floodplain as designated on the County's
Official Flood Insurance Maps. 20
Outside the County’s most sensitive aquifer recharge area (Area No. 2) as shown on the
Aquifer Sensitivity Map for New Hanover County. 15
Bus or shuttle transportation. 10
Solid waste transfer station. 30
Within one mile of a public park and recreation facility. 10
At least 5% of the total number of dwelling units in the PD District are designated and
reserved on the Master Land Use Plan for either handicapped or households with income less
than 60% of the median household income for New Hanover County. 20
Public access and public waterfront facilities provided, such as docks, piers, and boat ramps or
shoreline parks and boardwalks 25
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All residential units will meet LEED, Healthy Build Home, ICC700 Green Building Standards, or
Green Globes designation. 20
Alternative energy systems supply at least 20% of the total non-renewable energy
consumption for space and hot water heating. Alternative energy systems, for purposes of
this Ordinance, are defined as constructed passive or active systems. Passive systems shall be
evaluated using the solar load ratio method and active systems using the F-chart system.
Points will not be awarded for this incentive unless the conditions for the above incentive
concerning thermal standards are also met. 20
Recreational facilities other than tot lots and mini-parks. These recreational facilities may
include, but are not limited to, tennis courts, golf courses, ball fields, basketball courts, and
community recreation buildings or community gardens. Points will be awarded at a rate of
one point for each $5,000 of investment (not including land or design costs), up to a
maximum of 20 points. Adequacy of design and improvements, and cost estimates will be
evaluated by the County Parks Department. 20
(7) The following minimum improvements and public services shall be provided in
accordance with all standards set by the County or appropriate local or State agency:
(A) Water supply and sewer facilities; (8/3/87) provided by the Cape Fear Public
Utility Authority or an equivalent agency.
(B) Fire hydrant and water supply systems that meet the standards specified in the
National Fire Protection Association Standard as amended.
(C) Repealed (8/1/11)
(D) Repealed (8/1/11)
(E) A drainage plan pursuant to Section 52-5 of the Subdivision Ordinance. (5/5/97)
and the New Hanover County Stormwater Ordinance
(F) Repealed (8/1/11)
(G) Street lights, at the rate of one fixture per 500 linear feet or less of roadway
(H) Tot lots and/or mini-parks (adequacy of design and improvements to be
evaluated by County Parks and Recreation Department), at the rate of one acre
or more per 1,000 population and within 1 mile distance of residential areas to
be served by them. Sidewalks or pedestrian trails shall establish a safe network
for accessing these facilities. (8/1/11)
(I) Audible fire alarm systems connected directly to a central Dispatch System for all
structures except single family and duplex residential. (8/1/11)
(J) Parking: Off-street parking shall be provided in accordance with Article VIII of this
Ordinance, except that design of parking lots or shared parking facilities may be
approved with minor dimensional deviations, when the TRC concurs and provided
the number of required spaces is not reduced. (8/1/11)
TA19-01 Text Amendment PB 4.4.2019 Page 27 of 39
(K) Signs: Signs shall be in accordance with Article IX of this Ordinance. The
developer shall be responsible for erecting and maintaining street name signs at
all intersections within the PD District. Signs on public streets shall conform with
existing Department of Transportation regulations.
(L) Community Property Owner’s Association: A Community Property Owner’s
Association shall be established in accordance with Sections 60.2 and 60.5 of the
Zoning Ordinance. Rights-of-way platted for public use may not be altered to
private rights-of-way by any action of a community property owner’s association
unless approved by the Technical Review Committee. (8/1/11)
(M) Required Master Land Use Plan
1. A Master Land Use Plan and necessary documents shall be submitted along
with the rezoning petition. The Master Land Use Plan shall consist of an
overall land use plan showing existing and proposed development for the PD
District as a whole.
2. The Master Plan shall be prepared by a multi-disciplinary team consisting of
qualified practitioners in architecture, planning, and engineering.
3. Contents of the Master Land Use Plan shall include the following:
a. Scale not less than one (1) inch to four hundred (400) feet.
b. North Arrow
c. Vicinity or Location Map
d. Development name
e. Owner's name and address
f. Developer (if other than owner)
g. Names of design team
h. Date
i. Boundary line of the proposed PD District
j. Existing topographic information with two (2) foot contour intervals
k. All water courses, 100-year floodplains, mean high water lines and
unique natural features
l. Tree inventory and location
m. Recreation areas and facilities
n. Street layout and traffic circulation pattern
o. Pedestrian and bicycle circulation systems
p. Residential areas with projected density and planned housing types,
and acreage (Include a table)
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q. Commercial, industrial, and office and institutional areas with
proposed land uses, estimated square footage, and acreage. (Include
a table)
r. All adjoining land uses and zoning districts.
s. Fringe use areas
t. School sites being reserved and recreational areas to be dedicated
for public use, if applicable
u. Total gross acres
v. Total acres occupied by all street right-of-way and parking areas
w. High Density calculations as required in Section 72-43
4. The Master Land Use Plan shall be accompanied by the following:
a. The names and addresses of each property owner within the
proposed PD district.
b. A legal description of the proposed PD District
c. Community property owners association proposed covenants.
d. A drainage plan showing locations and acreage of drainage areas,
sizes and specifications of drainage structures, and supporting
calculations using Soil Conservation Service methods or other
methods approved by the County Engineer for both pre-
development and post-development conditions.
e. A utility plan showing existing and proposed utility systems, including
sanitary sewers, water, electric, gas, television and telephone lines,
fire hydrants, street lighting and trash collection areas.
f. A traffic impact analysis
g. A development phasing schedule including the sequence and
approximate dates of each phase; and, proposed phasing of
construction of public improvements, recreation, and common open
space areas.
h. A statement of planning objectives including:
1. Identification of appropriate County Land Use Policies achieved
by the proposed PD District;
2. An estimate of total residential population
3. Other necessary information and evidence to support the
creation of a PD District in the County.
(N) Thoroughfare Requirements - The development shall have direct access, as
required in Section 61.3, to and from an existing major or minor arterial as
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indicated in the Wilmington Area MPO Functional Classification Map. All interior
drives shall be designed so as to provide adequate access for emergency service
vehicles. (2/16/87) and future connectivity to adjoining undeveloped properties.
(8/1/11)
(O) Recognizing the County’s need for adequate housing for the elderly population
as stated in the Comprehensive Land Use Plan, the following district regulations
shall apply in instances where at least twenty-five percent (25%) of the PD district
number of units are included in a Continuing Care Retirement Facility as described
and regulated under NCGS 58 Article 64:
a. The maximum height for a continuing care retirement facility building
shall be up to 55 feet.
b. The thoroughfare requirements in Section 54.2-2(7) (N) and Section
61.3 may be satisfied if a traffic study supports a finding by the Board
of County Commissioners that the roadway providing access for the
proposed PD development to and from an existing major or minor
arterial will operate at an acceptable level of service (LOS), and will
not cause the LOS to drop below Level C. (1/07/08) at build-out.
8/1/11) (9/6/16)
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Section 54.4: Urban Mixed Use Zoning (UMXZ) District
Intent: The UMXZ district is established to meet the following five primary objectives in the areas of New
Hanover County in proximity to the City of Wilmington and those intended for urban- or community-scale
mixed use development:
1. To encourage the efficient mixed use development pattern envisioned in the comprehensive plan;
2. To result in quality design and a variety of built forms of lasting value that result in a pedestrian
scale;
3. To provide a mix of housing options;
4. To promote and enhance transportation options, particularly those that are pedestrian-oriented,
while reducing demand for automobile trips; and
5. To encourage a mix of uses to foster a sense of community.
The district regulations include design elements intended to enhance the urban form, increase
neighborhood safety, and add flexibility for small lots. Integrated mix of uses on development sites and
within individual buildings is encouraged. UMXZ zoning is intended to promote mixed-use developments
on sites large enough to create a mix of uses within the existing suburban environment. Typically, these
developments will include creative development and redevelopment solutions.
Dimensional Requirements:
Size Requirements
Minimum District Size 5 acres
Setbacks
Minimum from single-family residential zoning
districts
35 ft. for buildings ≤ 35 ft. in height
45 ft. for buildings > 35 ft. in height
Maximum from any street
10 ft.
(front setbacks are not required along alleyways; TRC may
waive strict adherence to requirement where an existing
easement or significant natural feature exists)
Height (maximum)
Along arterial streets 4 stories or 45 ft. by-right
75 ft. with Additional Height Allowance special use permit
Along residential & collector streets 2 stories or 35 ft.
Along arterial & collector streets 5 stories or 55 ft. if structured parking is provided within
project
Density (maximum dwelling units/acre)
Single Family Residential 15
Multi-Family Residential 25
Vertically integrated mixed-use building 36
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District Specific Requirements:
(1) Review Process: Any UMXZ development shall be processed as a conditional district
rezoning subject to a conceptual site plan review. In addition, a specific site plan shall be
reviewed and approved by the technical review committee in accordance with all applicable
standards.
(A) The following shall be included in the conceptual site plan:
i. Boundary survey and vicinity map showing total acreage, general location in relation
to major streets, railroads, and/or waterways, the date and a north arrow on top.
ii. Conceptual plan showing the location of all major land uses and proposed maximum
square footage for each use—may be a bubble format showing the general location
and relative arrangement of different land uses.
iii. Maximum building heights.
iv. All external access points and conceptual internal traffic circulation plan.
v. Proposed buffer and landscaping areas.
(B) Minor modifications to approved conceptual site plans that have no material effect on
the character of the approved development and comply with all applicable standards of
this Ordinance may be approved by the Planning Director. Any other changes to
approved conceptual site plans must be authorized by the Board of Commissioners.
Changes in the following constitute minor modifications that may be approved by the
Planning Director:
i. Modifications in building placement, provided the placement does not decrease the
setbacks agreed to during the conditional rezoning process by more than 10
percent;
ii. Increases to building size and height not to exceed 10 percent;
iii. Increase to the impervious surfaces not to exceed 10 percent;
iv. Modifications to structure floor plans;
v. Modifications to the driveway locations as required by the North Carolina
Department of Transportation; and
vi. Modifications to the proportion of use type not to exceed 10 percent.
(2) Mix of Uses: All UMXZ projects shall include a mix of both residential and nonresidential
uses.
(3) Utility and Equipment Screening:
(A) HVAC equipment, air conditioning window units, and other electrical equipment, and
fire escapes shall not be located on facades with street frontage. All such equipment
shall be placed in the interior yards or inset into the roof pitch, or behind a parapet wall
in the case of a flat roof, of the building and screened from the right-of-way.
(B) Through-wall mechanical units are permitted on any façade if they are incorporated into
the design of the building, flush with the façade on which they are located, concealed by
a vent cover, and have an internal drip system for condensation.
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(C) Utility meters, transformers, and fixed trash disposal receptacles that cannot be located
out of sight shall be screened from the public right-of-way by plantings or opaque
fencing.
(D) The TRC may approve alterations to these standards in cases where they cannot be met
due to design considerations of the structure and the intent of visual minimization of
the feature is otherwise addressed.
(4) Site Lighting: All site lighting shall be located, angled, shielded, and/or limited in intensity so
as to cast no direct light upon adjacent properties, shall minimize off-site backlighting glare,
and up-lighting. Light posts shall be no taller than 12 feet.
(5) Parking and Driveway Requirements:
(A) Parking shall be provided in accordance with the requirements of Article VIII of this
ordinance, shared parking may be allowed upon submittal of a parking study showing
how parking as provided will be sufficient for permitted uses.
(B) Surface parking shall be located to the side or rear or buildings or in the interior of a
block and shall be prohibited in front of buildings. Surface parking shall not be located
along rights-of-way, except for alleys. The TRC may approve alterations to this standard
in cases where locating parking to the side or rear is limited by existing site features,
such as trees, or when this requirement is not consistent with the existing frontage
pattern along the roadway.
(C) Surface parking lots visible from the public right-of-way shall be screened by permanent
walls, shrubbery, or hedges at least 3 feet in height. If hedges or shrubbery are used,
they shall be at 3 feet in height at the time of planting and shall be maintained at 3-5 ft.
in height at all times.
(D) Parking shall be accessed via alleyways wherever possible.
(E) The design of all above-grade parking structures shall relate to the context of the area.
Exterior walls of parking structures shall be designed with materials, colors, and
architectural articulation in a manner that provides a visual compatibility with adjacent
buildings and environment.
(F) Pervious pavement materials, vegetated bio-infiltration parking lot islands, or infiltration
systems shall be used to minimize pollutant run-off from surface parking areas to the
extent that soil permeability, depth to groundwater, or site constraints allow.
(6) General Site Design: Each of the following components shall be included in UMXZ
developments.
(A) Multi-modal Transportation Opportunities: Public transit, walking, bicycling, and/or
water-oriented transit and the facilities necessary for such uses.
i. Pedestrian circulation shall be clearly defined with paving, materials, and/or
landscaping and shall connect all uses. Sidewalks and crosswalks shall be provided
within new developments as necessary.
ii. Bicycle and/or pedestrian connectivity to adjacent developments or existing or
funded bicycle and pedestrian facilities.
iii. Where no sidewalks currently exist, sidewalks shall be installed within the right-of-
way between the property line and the back of the curb. Sidewalk width shall be
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a minimum of 12 feet along arterial streets and 8 feet along residential/collector
streets and may be reduced on internal private streets with TRC approval when
context design constraints dictate or when project intensity and/or density
indicate that 8 feet sidewalks will be sufficient to accommodate pedestrian traffic.
iv. Sidewalks may be limited to a single side of rights-of-way or private streets or
sidewalk width may be reduced when right-of-way or private street abut streams,
ponds, or wetlands or when contextual design constraints dictate, as determined
by the TRC.
v. An internal grid street pattern is required. Block faces within the grid pattern shall
not exceed 400 ft. in length. The grid pattern may be supplemented with alleys.
The TRC may waive strict adherence to the grid pattern when sites are
constrained by topography, including wetlands, ponds, or other natural features,
and where connections to arterial streets and connections and relationships to
adjacent sites require flexibility.
(B) Street Trees: Street tree plantings in below-grade planters or planting strips shall be
included at the rate of 1 tree per 30 feet of frontage in all private rights-of-way and in
public rights-of-way upon approval by NCDOT. The TRC may waive strict adherence to
this requirement if an alley is utilized along all or portions of the street frontage.
(C) Buffers and Streetyards: All development within the UMXZ district may be exempted
from required buffers and streetyard requirements, as approved by the technical review
committee when contextual design constraints dictate or when other design and/or
landscaping features of the development serve to meet the needs of buffering and/or
streetyard requirements. A minimum buffer of at least 20 feet in width is required
adjacent to single-family residential zoning districts.
(D) Trash Containment Screening: All developments with the UMXZ are subject to the
following screening requirements.
i. Trash containment areas shall be located within a building where possible.
ii. If trash containment, including areas for holding recycling, cannot be
accommodated within a building, it shall be placed on the rear or side of the
building and shall be completely enclosed and screened from view of public rights-
of-way with an opaque fence or wall and/or plant materials, as approved by the
technical review committee. The enclosure shall be at least 1 foot taller than the
highest point of the trash receptacle. Chain link and exposed concrete blocks are
prohibited.
(E) Fences and Walls: Open wire fencing, including chain link, hurricane fencing, and
barbed wire, is prohibited. Within front yards, fence heights may not exceed 4 feet.
(7) Building Design: All new construction in the UMXZ district shall comply with the following
design standards, where applicable.
(A) Building Entrances: Primary entrances should be clearly distinctive from other
entrances. Primary building entrances shall be oriented toward sidewalks along primary
street frontages.
(B) Massing and Scale: Large expanses of flat, unadorned walls are prohibited. Façades
shall incorporate architectural details, particularly at the pedestrian level. Building
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façades along rights-of-way shall incorporate periodic transitions across the façade.
Building façades exceeding 30 ft. in width along rights-of-way shall be divided into
distinct areas utilizing methods including, but not limited to, façade offsets, pilasters,
change in materials, or fenestration (window arrangement). Transitions shall be no
further apart than 2/3 of the height of the façade.
(C) Street-Level Façades: New buildings shall front onto sidewalks to reinforce pedestrian
activity along streets and pedestrian ways. Exterior burglar bars, fixed “riot shutters,” or
similar security devices shall not be visible from the public right-of-way.
(D) Exterior Building Materials: Exterior building materials for all new nonresidential or
multifamily structures shall be of quality finish materials. Structural metal panels or
unparged or non-architectural, non-decorative concrete block shall be prohibited on
façades visible from the public right-of-way.
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Section 60: Development Plans
Section 60.6: Lighting
All site lighting for non-residential or multi-family uses shall be located and directed so as not to shine or
reflect directly onto any adjacent residential zoning districts and/or uses.
Section 63: Additional Restrictions Imposed on Uses Permitted by Right
Section 63.2: Accessory Building/Use
63.2-3: Detached accessory dwelling units shall be allowed in districts where permitted by right, subject
to the following requirements:
(1) Only one accessory apartment shall be permitted by right.
(2) Area sufficient for two off-street parking spaces shall be required.
(3) Proof of adequate water and sewer capacity from the appropriate provider (CFPUA, etc.) shall
be provided if accessory units are not included in subdivision approvals.
(4) In the RMF districts, accessory apartments shall only be allowed when constructed in connection
with any single family detached development allowed within the district.
(5) For detached accessory units,
a. In conventional subdivisions, the subject lot must exceed the minimum lot area of the
applicable zoning district by at least 50% or 5,000 square feet, whichever is less;
b. In performance subdivisions, accessory units shall be considered a dwelling unit for
density requirements, and new accessory units may not increase density beyond the
maximum allowed in the applicable zoning district.
c. The entire accessory unit shall not exceed 35% of the gross total enclosed heated square
footage of the existing single-family dwelling or 1,200 feet, whichever is less.
d. The side setbacks for the detached unit shall be no less than required for the principal
structure and a minimum of 5 ft.
e. Rear setbacks for the detached unit shall be a minimum of 5 ft.
f. The detached unit shall be located completely behind the plane of the rear façade of the
principal structure unless constructed over a detached garage.
Section 63.4: Residential Uses
Section 63.4-4: Single Family Dwelling-Attached
In the R-5 District, attached single family dwellings shall be limited to 3-unit and 4-unit structures,
excepting row or townhouses.
Section 63.5-1: Telecommunication Facilities, Cellular and Related Towers
These facilities may be located by right in the I-1 and I-2 Districts and by special use permit in all other
zoning districts. In addition, these facilities shall be subject to the following:
Section 63:10: Electronic Gaming Operation (Sweepstakes)
Electronic Gaming Operations shall be permitted by right as an accessory use to other commercial
operations permitted by right in the B-1, B-2, I-1 or I-2 Zoning Districts when the following standards are
applied:
1. The operation is located within the same structure or unit as the principal use.
TA19-01 Text Amendment PB 4.4.2019 Page 36 of 39
2. The maximum number of machines/terminals/computers per business unit is two (2) devices.
3. For situations in which there are multi-unit or multi-tenant commercial buildings and more
than one unit wishes to include gaming operations, a special use permit meeting the standards
of Section 72-40 is required. In no case can the cumulative total number of machines for a
business center, multi-unit or multi-tenant building exceed ten (10).
4. Off-Street Parking shall include one additional space per machine over and above the normal
parking standards for the uses, and all parking must comply with all other provisions of Section
VIII of the Zoning Ordinance.
5. All legally operating gaming operations made non-conforming by adoption of this section shall
be removed or brought into compliance with these provisions within 60 months of the date of
adoption of this section. (5/3/10)
In the CB and CS districts, Electronic Gaming Operations are allowed as a primary use and are subject to
the standards listed for accessory operations above. In addition, the standards outlined in Section 72-40
for operations allowed with a special use permit shall also apply to primary operations permitted by-
right.
Section 63.13: Retail Uses in the Community Business (CB) District
The maximum footprint of retail structures in the Community Business (CB) District shall be 60,000
square feet.
Section 63.14: Restrictions on Outside Storage, Displays, and Activities
A. In the CB district, the following restrictions apply:
a. No more than ten (10) automotive vehicles may be displayed on an automobile renting
and leasing lot.
b. Outside storage areas are not allowed.
c. All work associated with contractor operations shall be conducted entirely within
enclosed structures.
B. In the CS district, outside storage areas must be screened in accordance with Section 62.1-4(3)
of this ordinance.
C. In the R-5 and RMF districts, utilities must be screened in accordance with Section 62.1-4(3) of
this ordinance, except that screening may be reduced if it complete screens the utility from view
of the public right-of-way or adjacent property.
Section 63.15: Automobile Service Station
A. In the CB district, the following additional restrictions apply:
a. Automobile towing operations are not allowed.
b. All repair work or lubrication shall be conducted within the principal building. All
permanent storage of materials, merchandise, or repair and servicing equipment shall
be contained within the principal building.
c. No operator shall permit the storage of motor vehicles for a period in excess of 24 hours
unless the vehicles are enclosed in the principal building.
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d. Service or customer vehicles shall be parked on the premises in a manner than will not
create traffic hazards or interfere with the vehicular maneuvering area necessary to
enter or exit the site.
e. The premises shall not be used for the sale of vehicles.
f. No outdoor work shall be performed except in areas designated for such activity on an
approved site plan.
g. Outdoor work areas shall be fenced, walled, or screened to minimize on-site and off-site
noise, glare, odor, or other impacts.
h. Additional buffering and screening may be required where such use is located in close
proximity to residential or retail commercial uses.
Section 63.16: Churches
A. In the R-5 and RMF districts, the following additional restrictions apply:
a. Religious institutions up to 1,000 of fewer seats are allowed as long as
i. Structures are limited to a sanctuary or similar main gatherin facility that may
also include individual rooms for administration, dining halls, and classrooms.
Accessory structures for maintenance and storage purposes are permitted.
ii. Signs shall not be internally illuminated.
b. The following uses are prohibited without a special use permit:
i. Outdoor recreational facilities, except those associated with child care provided
as part of the principal use. Such facilities shall be restricted to “tot lots” or
similar play areas.
ii. Schools associated with the institution.
iii. Indoor recreation facilities such as basketball courts or similar facilities.
iv. Religious institutions with more than 1,000 seats, provided that such facilities
shall only be allowed if direct access from a collector street or minor or major
thoroughfare is provided.
c. Primary vehicular access to the use shall not be provided by way of a local residential
street.
d. When a religious institution and any associated buildings, outdoor recreational facilities
or off-street parking areas abut a single-family residential district or use, a buffer shall
be provided along the side and rear yards.
B. In the CB and CS districts, the following additional restrictions apply:
a. Religious institutions are permitted with no seat limitations if located on a local street or
minor or major thoroughfare.
b. Primary vehicular access to the use shall not be provided by way of a local residential
street.
c. When a religious institution and any associated buildings, outdoor recreational facilities
or off-street parking areas abut a single-family residential district or use, a buffer shall
be provided along the side and rear yards.
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Section 63.17: Commercial Parking Lots
A. If outdoor, a 3-foot high buffer with a minimum depth of 10 feet shall be provided in the front
yard to screen parking areas from the road.
B. Access shall be prohibited through residential areas.
C. Six percent of the gross parcel area shall be landscaped to the following standards:
a. Landscaped areas shall be evenly located around the perimeter of the parcel.
b. One tree and six shrubs shall be planted for every 15 parking spaces.
c. 50% of trees shall be of a shade/canopy variety.
Section 63.18: Dwelling Unit Contained within Principal Unit
When permitted by-right in a zoning district, the following additional restrictions apply:
A. The residential unit may be occupied solely by the person engaged in the principal use or a full-
time employee, and their family members residing with them;
B. The site shall provide an area of open space unobstructed by any buildings, parking or structures
equal to the floor area of the residential unit; said open space shall be in addition to any
required yards or buffers and be located on the same lot as the principal use;
C. The amount of floor area for the residential unit shall be no more than 50% of the total floor
area of the principal use;
D. The residential unit shall be located totally above the ground floor or totally to the rear of the
principal use so as not to interrupt the commercial frontage; and
E. In addition to the require off-street parking for the principal use, 2 off-street parking spaces
shall be provided for the residential unit.
Section 63.19: Kennels
Kennels permitted by-right in the CB and CS districts may only be allowed for commercial boarders and
breeders, including “doggy daycare” uses and shall comply with the following requirements:
A. All pens shall be enclosed
B. The kennel facility shall be no closer than 100 ft. to any residentially zoned or used lot.
C. Limited outdoor exercise runs or facilities shall be permitted so long as their hours of use are
restricted to the hours between 8 am and 5 pm.
D. The facility must be air conditioned.
E. Exercise runs of facilities shall be a minimum of 4 ft. by 10 ft.
F. The facility shall maintain a minimum total of 25 square feet of kennel area per animal. This
area may be comprised of cage area, runs, or exercise facilities.
G. Any outdoor area used for animal containment or exercise shall be maintained by removing
animal waste on a regular basis for proper disposal as outdoor solid waste and shall be
separated by a vegetative buffer of not less than 50 ft. from any stream, delineated wetland, or
other surface water features including wet detention ponds. In lieu of meeting these setback
requirements, this provision can be met by implementing an approved stormwater control plan
designed to maximize fecal die-off.
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H. Any runoff, wash down water, or waste from any animal pen, kennel, containment, or exercise
area shall be collected and disposed of in the sanitary sewer after straining of solids and hair and
shall not be allowed to enter the stormwater drainage or surface waters. Strained solids and
hair shall be properly disposed of as solid waste.
Section 63.20: Warehousing & Wholesaling
In the CS district, warehousing, wholesaling, and/or other storage of live animals, explosives, and
flammable gases or liquids is prohibited.
Section 63.21: Artisan Manufacturing
Artisan food and beverage producers, including breweries, in the CB district, shall meet the following
requirements:
A. One or more accessory uses, such as tasting room, tap room, restaurant, retail, demonstration
area, education and training facility or other incidental use open and accessible to the public
shall be included.
B. Required parking shall be calculated based on the square footage proposed for each use.
C. Storage of materials, including silos, products for distribution, and other items requiring long-
term storage shall be allowed in areas behind a building, within service alleys, in enclosed
building, or otherwise screened from the public right-of-way, pedestrian way, and adjacent
residential properties.
D. Off-site distribution via tractor trailer is only permitted if the truck traffic is limited to streets
classified as arterials on the Wilmington Metropolitan Planning Organization Functional
Classification Map.