04042019 April PB Agenda Packet
APRIL 4, 2019 6:00 P.M.
Meeting Called t o Order (Chairman Jordy Rawl)
Pledge of Allegiance (Ken Vafier, Planning & Zoning Supervisor )
Approval of Minutes
REGULAR ITEMS OF BUSINESS
The Planning Board may consider substantial changes in these petitions as a result of
objections, debate, and discussion at the meeting, including rezoning to other
classifications.
1. Public Hearing
Rezoning Request (Z19-05) – Request by Michael Nadeau, on behalf of the
property owner, WPE Holdings, LLC, to rezone approximately 23.25 acres of
land located in the9000 block of U.S. Highway 17, from (CUD) B-1,
Conditional Use Business District, R-15, Residential District, and (CZD)
O&I, Conditional Office and Institutional District, to B-1, Business District.
2. Public Hearing
Text Amendment Request (TA19-01) – Request by New Hanover County to
amend Articles V and VI of the Zoning Ordinance to add five new residential
zoning districts, two new commercial districts, one new mixed use district,
and to amend the existing Planned Development district.
OTHER ITEMS
1. Non-Agenda Items
Adjournment
NE W HAN O VE R C O UN T Y P LAN N IN G B O AR D
R E Q UE S T F OR B OAR D AC T IO N
ME E T IN G D AT E: 4/4/2019
R egular
D E PART ME N T: P lanning P R E S E N T E R (S ): Brad S c huler, S enio r P lanner
C O N TAC T (S ): Brad S chuler; and Wayne C lark, P lanning & Land Us e Direc tor
S UB J E C T:
P ublic Hearing
Rezoning Request (Z19-05) – Request by Michael Nadeau, on behalf of the property owner, WP E
Holdings, LLC , to rezone approximately 23.25 acres of land located in the 9000 block of U.S . Highway
17, from (C UD) B -1, Conditional Use Business District, R-15, Residential District, and (C ZD) O&I,
Conditional Office and Institutional District, to B-1, Business District.
B R IE F S UMMARY:
Michael Nadeau, o n b ehalf of the property o wner, W P E Holdings, LLC , is s eeking to rezone approximately 23.25
ac res of land lo cated in the 9000 bloc k o f U.S . Highway 17, fro m (C UD) B-1, R -15, and (C Z D) O &I to B-1.
T he majo rity of the s ubjec t p ro p erty is c urrently zoned (C UD) B-1, cons is ting o f approximately 19 ac res or 80
perc ent of the s ite. T his zo ning, originally approved in 2007, allows for the d evelopment o f a medic al park
c o nsisting offic e, retail, and service-related us es totaling over 200,000 square feet in area. According to the applicant,
the requested zoning change is due to changes in the medical park market, which is now seeing consolidated practices
that seek stand-alone buildings customized to their marketing and patient needs. T he original plan was designed as a
larger campus-like facility where small practices would lease space. T he applicant states that eliminating the conditional
district would facilitate development that meets current market demand.
Becaus e this is a general map amendment and no t a c o nditio nal rezo ning, uses that wo uld be allowed on the
property are tho s e allo wed b y right or by S pec ial Us e P ermit in the B-1 d is tric t b as ed o n the Table of P ermitted
Uses in the Zoning O rd inance. T he B-1 district permits a total of 59 us es by-right and 11 uses with a spec ial us e
permit. In general, the district permits a variety of c ommerc ial and ins titutio nal us es.
T he subject property is located along U .S . H ighway 17 and abuts existing medical uses to the north. T he site is
buffered from the S cotts H ill Village residential subdivision by an existing wetland area and Coastal P reparatory
Academy. T he B oard of C ommissioners recently approved the issuance of revenue bonds for C oastal P reparatory
Academy to acquire an undeveloped 14.5-acre parcel directly across the street from the school.
Access is provided to the subject property by S cotts Hill M edical D rive, a private road which connects directly to U .S.
H ighway 17. T he property owner recently obtained an approved scope for a T raffic I mpact Analysis from the
Wilmington M etropolitan P lanning O rganization. P er the approved scope, the full build of the site would consist of
132,000 square feet of office uses, 18,000 square feet of medical office uses, 32,000 square feet of shopping center
uses, and 9,000 square feet for a pharmacy with a drive-through (this totals to 191,000 square feet – about 10,000
square feet less than the current approved plan allows). T I As are not required in advance of general map amendments
and are typically completed when a specific development is proposed.
T he 2016 Comprehensive P lan classifies the property as C ommunity M ixed U se. T his place type focuses on small-
scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county
Planning Board - April 4, 2019
ITEM: 1
residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional,
and multi-family and single-family residential.
T he proposed B -1 rezoning is generally C O N S I S TEN T with the 2016 C omprehensive P lan because commercial
districts are identified as typical zoning categories for the C ommunity M ixed U se place type, and the B -1 district allows
for the types of retail, office, housing, and recreational uses recommended for this area.
S T R AT E G IC P LAN ALIG N ME N T:
Intelligent G rowth and Ec o nomic Develo p ment
R E C O MME N D E D MO T IO N AN D R E QUE S T E D AC T ION S :
S taff rec o mmends ap p ro val o f the ap p lication and s ugges ts the following motio n:
Mo tion to rec o mmend ap p ro val, as the Board finds that this reques t fo r a zo ning map amendment o f approximately
23.25 ac res to the B-1 district as d es cribed is :
1. C ons is tent with the purposes and intent of the 2016 C omprehensive P lan because the B -1 zoning district allows
for the types of uses recommended by the C omprehensive P lan for this area, and is identified as a typical zoning
category for the Community M ixed U se place type.
2. R easonab le and in the public interest because the proposal supports business success by increasing access to
basic goods and services for residents in eastern N ew H anover C ounty and north of S cotts H ill, which may
reduce the need to travel to the P orters N eck and O gden areas. I n addition, the Z oning O rdinance requires the
site to provide a transition to the abutting residential property with the installation of a bufferyard along the shared
property lines.
C O UN T Y MAN AGE R'S C OMME N T S AN D R E C OMME N DAT ION S : (only Manager)
Planning Board - April 4, 2019
ITEM: 1
SCRIPT for Conditional Zoning District Application (Z19-05)
Request by Michael Nadeau, on behalf of the property owner, WPE Holdings, LLC, to rezone
approximately 23.25 acres of land located in the 9000 block of U.S. Highway 17, from (CUD) B-1,
Conditional Use Business District, R-15, Residential District, and (CZD) O&I, Conditional Office and
Institutional District, to B-1, Business District.
1. This is a public hearing. We will hear a presentation from staff. Then the applicant and any opponents will
each be allowed 15 minutes for their presentation and additional 5 minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff presentation
b. Applicant’s presentation (up to 15 minutes)
c. Opponent’s presentation (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponent’s rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Vote on the application. The motion should include a statement saying how the change is, or is not, consistent
with the land use plan and why it is, or is not, reasonable and in the public interest.
Staff Suggested Motion:
Motion to recommend approval, as the Board finds that this request for a zoning map amendment of
approximately 23.25 acres to the B-1 district as described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the B-1 zoning district
allows for the types of uses recommended by the Comprehensive Plan for this area, and is identified as
a typical zoning category for the Community Mixed Use place type.
2. Reasonable and in the public interest because the proposal supports business success by increasing
access to basic goods and services for residents in eastern New Hanover County and north of Scotts Hill,
which may reduce the need to travel to the Porters Neck and Ogden areas. In addition, the Zoning
Ordinance requires the site to provide a transition to the abutting residential proper ty with the
installation of a bufferyard along the shared property lines.
Alternative Motion for Approval/Denial:
Motion to recommend [Approval/Denial], as the Board finds that this request for a zoning map amendment
of approximately 23.25 acres to the B-1 district, as described is:
1. [Consistent/Not Consistent] with the purposes and intent of the 2016 Comprehensive Plan because
[Describe elements of controlling land use plans and how the amendment is or is not consistent].
2. [Reasonable/Not Reasonable] and in the public interest because [Briefly explain why. Factors may
include public health and safety, character of the area and relationship of uses, applicable plans, or
balancing benefits and detriments].
Planning Board - April 4, 2019
ITEM: 1 - 1 - 1
Z19-05 Staff Report PB 4.4.2019 Page 1 of 11
STAFF REPORT FOR Z19-05
ZONING MAP AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: Z19-05
Request:
Zoning Map amendment to rezone 23.25 acres from (CUD) B-1, R-15, and (CZD) O&I to B-1
Applicant: Property Owner(s):
Michael Nadeau WPE Holdings, LLC
Location: Acreage:
9000 block of U.S. Highway 17 23.25
PID(s): Comp Plan Place Type:
R02900-002-068-000 Community Mixed Use
Existing Land Use: Proposed Land Use:
Undeveloped The property would be allowed to be
developed in accordance with the B-1 district
Current Zoning: Proposed Zoning:
(CUD) B-1, R-15, (CZD) O&I B-1
Planning Board - April 4, 2019
ITEM: 1 - 2 - 1
Z19-05 Staff Report PB 4.4.2019 Page 2 of 11
SURROUNDING AREA
LAND USE ZONING
North Medical Offices, New Hanover Regional Medical
Center – Emergency Department North (CUD) O&I, (CZD) O&I
East Undeveloped R-15
South Single-Family Residential R-15
West US 17 Corridor, Single-Family Residential R-15
ZONING HISTORY
July 1, 1974 Initially zoned R-15 (Area 5)
January 8, 2007
Portions of the property was rezoned to (CUD) B-1 and (CUD) O&I (Z-
853) to allow for office, retail, financing, and service related uses (Scotts
Hill Medical Park).
February 4, 2008 The conceptual site plan attached to the district was administratively
modified to allow for minor changes in the building and parking layout.
August 11, 2014
A portion of the property was rezoned to from (CUD) O&I to (CZD) O&I
as a result of a request to add an emergency helicopter landing pad to
the New Hanover Regional Medical Center.
January 29,
2019
The conceptual site plan attached to the district was administratively
modified to allow for minor changes in the building and parking layout.
COMMUNITY SERVICES
Water/Sewer Water and sewer services are available through CFPUA. Mainline
extension may be required for access.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Station Porters Neck
Schools Castle Hayne Elementary, Eaton Elementary, Holly Shelter Middle, and
Laney High schools
Recreation Ogden Park
Planning Board - April 4, 2019
ITEM: 1 - 2 - 2
Z19-05 Staff Report PB 4.4.2019 Page 3 of 11
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
CURRENT APPROVED CONCEPTUAL SITE PLAN
The majority of the subject property is currently zoned (CUD) B-1, consisting of
approximately 19 acres or 80 percent of the site. This zoning, originally approved in
2007, allows for the development of a medical park consisting office, retail, and service-
related uses totaling over 200,000 square feet in area.
Scotts Hill Medical Park Notable Conditions:
o Maximum Impervious Area:
Buildings: 105,250 sf.
Parking & Street: 297,000 sf.
o 202,000 Gross Floor Area.
Maximum of 80,000 sf for retail.
No building footprint to exceed 25,000 sf.
o Uses limited to office, retail, and service-related.
Planning Board - April 4, 2019
ITEM: 1 - 2 - 3
Z19-05 Staff Report PB 4.4.2019 Page 4 of 11
The property owner has recently modified the conceptual site plan attached to the district
and is currently proceeding with subdividing three lots on the northern side of the site. Of
the three lots, two would allow for development, while the third mostly consists of a “tree
save area”/future phase. The tree save area was originally shown on the conceptual plan
approved in 2007 due to a steep change in the grade of the property limiting
development options at that time. Approval of this rezoning request would allow the tree
save area to be developed in accordance with the B-1 zoning district standards, including
the tree protection standards which requires mitigation for any significant tree removed.
Per a recent tree survey conducted by the property owner in January of this year, there
are two significant trees located within the boundaries of the tree save area.
According to the applicant, the requested zoning change is due to changes in the medical
park market, which is now seeing consolidated practices that seek stand-alone buildings
customized to their marketing and patient needs. The original plan was designed as a
larger campus-like facility where small practices would lease space. The applicant states
that eliminating the conditional district would facilitate development that meets current
market demand.
ZONING CONSIDERATIONS
Because this is a general map amendment and not a conditional rezoning, uses that would
be allowed on the property are those allowed by right or by Special Use Permit in the B-
1 district based on the Table of Permitted Uses in the Zoning Ordinance. The B-1 district
permits a total of 59 uses by-right and 11 uses with a special use permit. In general, the
district permits the following categories of uses:
Agricultural
Wholesale Nurseries
General Agriculture
Commercial
Retail
Restaurants
Financial Services
Personal Services
Indoor/Outdoor Recreation
Day Care
Automobile Service (including
towing yards)
Professional and Government
Offices
Artisan Manufacturing
Institutional
Libraries
Museums
Religious Institutions
Special Uses
Cell Towers
Stand-alone Entertainment
Establishments (Bars)
Senior Living
Dwelling Units
Boating Facilities & Marinas
The subject property is located along U.S. Highway 17 and abuts existing medical uses to
the north. The site is buffered from the Scotts Hill Village residential subdivision by an
existing wetland area and Coastal Preparatory Academy. The Board of Commissioners
recently approved the issuance of revenue bonds for Coastal Preparatory Academy to
acquire an undeveloped 14.5-acre parcel directly across the street from the school.
Planning Board - April 4, 2019
ITEM: 1 - 2 - 4
Z19-05 Staff Report PB 4.4.2019 Page 5 of 11
Development within the proposed B-1 zoning district would require additional building
setbacks and landscaping buffers along the adjacent R-15 zoned property.
Specifically:
o The building setback required along the side property line adjacent to the R-15
zoning would be a minimum of 25’ or 2.75 x Building Height, whichever is greater.
o The building setback requirement along the rear property line adjacent to the R-
15 zoning would be a minimum of 30’ or 3.73 x Building Height, whichever is
greater.
o Landscaping buffers would be required between the development and the
residential properties. The buffers must be a minimum of 20’ in width and provide
100% opacity.
o In addition, all lights must be shielded in a manner so that light from the fixture
does not directly radiate into adjacent property.
TRANSPORTATION
Access is provided to the subject property by Scotts Hill Medical Drive, a private road
which connects directly to U.S. Highway 17.
The property owner recently obtained an approved scope for a Traffic Impact Analysis
from the Wilmington Metropolitan Planning Organization. Per the approved scope, the
full build of the site would consist of 132,000 square feet of office uses, 18,000 square
feet of medical office uses, 32,000 square feet of shopping center uses, and 9,000 square
feet for a pharmacy with a drive-through (this totals to 191,000 square feet – about
10,000 square feet less than the current approved plan allows).
TIAs are reviewed by the County, WMPO, and NCDOT, and stipulate roadway
improvements required for the proposed development.
TIAs are not required in advance of general map amendments, but are completed when
the specific development is proposed.
Planning Board - April 4, 2019
ITEM: 1 - 2 - 5
Z19-05 Staff Report PB 4.4.2019 Page 6 of 11
Traffic Counts – June 2018
Road Location Volume Capacity V/C
US 17 10200 Block 45,745 57,008 0.80
Nearby Planned Transportation Improvements and Traffic Impact Analyses
Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses must be re-examined by NCDOT if the proposed development is not completed by
the build out date established within the TIA.
Planning Board - April 4, 2019
ITEM: 1 - 2 - 6
Z19-05 Staff Report PB 4.4.2019 Page 7 of 11
Proposed
Development Land Use/Intensity TIA Status
1. Scotts Hill Medical
Park
132,000 sf Office
18,000 sf Medical Office
32,000 sf Shopping Center
9,000 sf Pharmacy with
Drive-Through
Scope approved March 22,
2019
TIA under draft
The TIA is currently under draft. No improvements have been recommended at this time. TIAs
are not required in advance of general rezonings and are typically completed when a specific
development is proposed.
Nearby Proposed Developments to be included within the TIA:
Scotts Hill Village
Coastal Preparatory Academy
Development Status: No construction has started at this time.
2. Scotts Hill Charter
School
Phase 1 (2016-2017) – 490
students
Phase 2 (2018-2019) – 587
students
Phase 3 (2019-2020) – 664
students
Phase 4 (2020-2021) – 731
students
TIA approved January 11,
2017
The TIA recommended* improvements be completed at certain intersections in the area. The
notable recommendations consisted of:
Extension of the existing northbound left/u-turn lane at US 17 and Sidbury Road
Modification of signal timing at traffic lights located on US 17 at Scotts Hill Loop Road
and Sidbury Road
Driveway improvements at the site’s access with Pandion Drive
Installation of a left turn lane into the site
Installation of dual westbound right-turn lanes on Scotts Hill Loop Road at the US 17
intersection
Per NCDOT, the school has not completed any of the recommended improvements.
*When this TIA was approved, State law prohibited NCDOT from requiring schools to install
roadway improvements. Under current regulations, the total cost of any required improvements to
the State highway system must be reimbursed by NCDOT.
Nearby Proposed Developments included within the TIA:
Blake Farms
New Hanover Regional Medical Center
Scotts Hill Village
Development Status: The initial building has been constructed and the school is on
schedule with the phasing plan noted above.
Planning Board - April 4, 2019
ITEM: 1 - 2 - 7
Z19-05 Staff Report PB 4.4.2019 Page 8 of 11
3. Blake Farms
(Pender County)
500 Single-Family Units
700 Active Adult/Senior
Attached Units
1,798 Active Adult/Senior
Detached Units
50,000 sf Mini-Warehouse
50,000 sf Retail Space
2 150-Room Hotels
Approved July 6, 2015
2029 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
improvements consisted of:
Installation of a multiple turn lanes on US 17 and Sidbury Road
Installation of a new signal and u-turn lane at the intersection of US 17 and Sidbury Road
Nearby Proposed Developments included within the TIA:
None
Development Status: No construction has started at this time.
4. Scotts Hill Village
New Hanover
Regional
Emergency Facility
64,000 sf of medical offices
200,000 sf hospital
TIA Approved April 8, 2014
2018 Full Build Out Year
The TIA required improvements be completed at certain intersections in the area. The major
improvements consist of:
Installation of a northbound u-turn lane, left-turn crossover lane, and westbound right-turn
lanes at the intersection of US 17 and Scotts Hill Medical Drive
Installation of a u-turn lane on US 17 at Scotts Hill Loop Road
Per NCDOT, the improvements required at this time have been installed in accordance with their
standards. Additional improvements will be required to be installed when future phases of the
development are completed.
Nearby Proposed Developments included within the TIA:
Scotts Hill Village
Stevens Point Apartments
Vineyard West
Development Status: Partially Completed (The emergency room has been constructed)
Planning Board - April 4, 2019
ITEM: 1 - 2 - 8
Z19-05 Staff Report PB 4.4.2019 Page 9 of 11
5. Scotts Hill Village 226 Single-Family Homes
TIA approved February 4,
2014
2018 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The major
improvements consist of:
Installation of an eastbound right turn lane at Scotts Hill Loop Road and the site access
The improvements required at this time have been installed in accordance with NCDOT’s
standards.
Nearby Proposed Developments included within the TIA:
Vineyard West
Stevens Point Apartments
Scotts Hill Medical Center
Development Status: Under construction, two phases have been platted consisting of 68
lots
Regional Transportation Plans:
NCDOT Project 44238
o Proposal for roadway improvements at the Market Street/I-140 interchange.
Preliminary plans propose to realign the I-140 Market Street exit so that it connects
directly into Porters Neck Road, and to widen existing ramps to and from Highway 17.
This project is currently unfunded.
STIP Project U-4751 (Military Cutoff Extension)
o Extension of Military Cutoff Road from Market Street to I-140. Construction is
underway.
STIP Project R-3300A (Hampstead Bypass)
o US 17 bypass of Hampstead connecting to I-140 and the Military Cutoff Extension.
Right-of-way acquisition is currently in progress.
ENVIRONMENTAL
The property does not contain any Special Flood Hazard Areas or Natural Heritage Areas.
The property is within the Futch Creek (SA;HQW) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class I (suitable/slight limitation) and Class III soils (severe limitation).
2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision for
New Hanover County’s future land use, as designated by place types describing the character and
function of the different types of development that make up the community. Specific goals of the
comprehensive plan are designated to be promoted in each place type, and other goals may be
relevant for particular properties.
Planning Board - April 4, 2019
ITEM: 1 - 2 - 9
Z19-05 Staff Report PB 4.4.2019 Page 10 of 11
Future Land Use
Map Place Type Community Mixed Use
Place Type
Description
Focuses on small-scale, compact, mixed use development patterns that serve
all modes of travel and act as an attractor for county residents and visitors.
Types of appropriate uses include office, retail, mixed use, recreational,
commercial, institutional, and multi-family and single-family residential.
Analysis
The subject property is located along U.S. Hwy 17 at its intersection with
Scotts Hill Medical Dr., adjacent to the New Hanover Regional Medical
Center Atlantic SurgiCenter. It is designated as a Community Mixed Use
place type and, given its location proximate to existing medical and school
facilities, could contribute to the range of services provided by the existing
small institutional node. Clustering office, commercial, and other services in
this area east of the I-140 intersection could increase access to basic goods
and services for residents in eastern New Hanover County and north of
Scotts Hill. This could reduce the need to travel to the Porters Neck and
Ogden areas for these services.
The requested B-1 rezoning could allow for a variety of office, retail,
housing, and recreational uses that would be appropriate in this area, and
commercial districts, like B-1, are identified as typical zoning categories for
use in the Community Mixed Use place type.
Consistency
Recommendation
The proposed B-1 rezoning is generally CONSISTENT with the 2016
Comprehensive Plan because commercial districts are identified as typical
zoning categories for the Community Mixed Use place type, and the B-1
district allows for the types of retail, office, housing, and recreational uses
recommended for this area.
Planning Board - April 4, 2019
ITEM: 1 - 2 - 10
Z19-05 Staff Report PB 4.4.2019 Page 11 of 11
STAFF RECOMMENDATION
Staff recommends approval of the application. Staff concludes that the application is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because the B-1
zoning district allows for the types of uses recommended by the Comprehensive Plan for this
area, and is identified as a typical zoning category for the Community Mixed Use place
type.
2. Reasonable and in the public interest because the proposal supports business success by
increasing access to basic goods and services for residents in eastern New Hanover County
and north of Scotts Hill, which may reduce the need to travel to the Porters Neck and Ogden
areas. In addition, the Zoning Ordinance requires the site to provide a transition to the
abutting residential property with the installation of a bufferyard along the shared
property lines.
Planning Board - April 4, 2019
ITEM: 1 - 2 - 11
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R-15
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B-2
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R-20
CZD
R-7
R-10
Case:Site Address:Existing Zoning/Use:Proposed Zoning/Use:
Z19-05 9000 block Market St B-1(CUD) B-1, (CZD) O&I,
R-15/Undeveloped
Z19-05
R
Z19-05
1,000
FeetPlanning Board - April 4, 2019
ITEM: 1 - 3 - 1
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R-10
S P E CI A L HI G H W A Y O V E R L A Y DIS T RI C T
S P E CI A L HI G H W A Y O V E R L A Y DI S T RI C T
New Hanover County, NC
Case:Site Address:Existing Zoning/Use:Proposed Zoning/Use:
Z19-05 9000 block Market St B-1(CUD) B-1, (CZD) O&I,
R-15/Undeveloped
Z19-05
R
Zoning
A-I
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B-1
B-2
CITY
CUD A-I
CUD B-1
CUD B-2
CUD I-1
CUD O&I
CUD R-10
CUD R-15
CUD R-20
CZD AI
CZD B-1
CZD B-2
CZD O&I
CZD R-10
CZD R-15
CZD R-20
CZD R-20S
CZD R-7
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I-2
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R-15
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New Hanover County, NC
Case:Site Address:Existing Zoning/Use:Proposed Zoning/Use:
Z19-05 9000 block Market St B-1(CUD) B-1, (CZD) O&I,
R-15/Undeveloped
Z19-05
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Place Types
COMMERCE ZONE
EMPLOYMENT CENTER
GENERAL RESIDENTIAL
URBAN MIXED USE
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RURAL RESIDENTIAL
CONSERVATION
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Planning Board - April 4, 2019
ITEM: 1 - 7 - 7
NE W HAN O VE R C O UN T Y P LAN N IN G B O AR D
R E Q UE S T F OR B OAR D AC T IO N
ME E T IN G D AT E: 4/4/2019
R egular
D E PART ME N T: P lanning P R E S E N T E R(S ): R eb ekah R oth, S enio r Long R ange P lanner
C O N TAC T (S ): R eb ekah R oth; and Wayne C lark, P lanning & Land Us e Direc tor
S UB J E C T:
P ublic Hearing
Text Amendment R equest (TA19-01) – Request by New Hanover County to amend Articles V and VI of
the Zoning Ordinance to add five new residential zoning districts, two new commercial districts, one new
mixed use district, and to amend the existing P lanned Development district.
B R IE F S UMMARY:
S taff has prepared a c o de amendment to ad d eight new zo ning d is tric ts to the c ounty's Zo ning O rdinanc e and to
revis e the exis ting P lanned Development (P D) d is tric t. T his is the firs t code amendment prepared as p art o f the
"UDO P rojec t" develo p ment c o d e update and will p ro vide the tools need ed to allo w the typ es of develo p ment
envisioned in the 2016 C o mp rehens ive P lan and as s is t with achieving the county's goals of increasing the s upply o f
wo rkforc e/affordable ho using. T he p ro p o s ed c hanges to the Zo ning O rd inance reflec t the direc tion received fro m
the P lanning Board at their Augus t 2018 UDO P rojec t Wo rk S es s io n and the p ro p o s ed dis tric t p ro file s heets
presented at the March 7, 2019 P lanning Board meeting.
T he p ro p o s ed code amendment inc lud es five residential districts , two c ommerc ial districts , and a mixed us e district
adapted from zoning des ignatio ns already succ es s fully us ed in the C ity of Wilmingto n. T his will inc reas e the
number o f bas e zoning districts availab le in the c o unty's juris d ictio n to 25 (to c o mp are, Wilmington currently has 31
zoning districts ).
T he new res id ential districts will allo w the full range of ho using typ es and d ensities outlined o n the F uture Land Us e
Map and s upport an increas e of the s upply o f wo rkforc e/affordable ho using. T he new c o mmercial dis tric ts will
provid e zoning designatio ns that are designed to b e loc ated in areas ac cessible to nearby residents, and the new and
revis ed mixed use d is tric ts will pro vide optio ns fo r planned develo p ments that includ e the mixture of us es and
develo p ment form enc o uraged in C ommunity Mixed Us e and Urban Mixed Us e plac es .
If ap p ro ved, the proposed new dis tricts will b e cons id ered "flo ating," as they will no t be applied to properties
witho ut additio nal rezo ning hearings.
S T R AT E G IC P LAN ALIG N ME N T:
Intelligent G rowth and Ec o nomic Develo p ment
R E C O MME N D E D MO T IO N AN D R E QUE S T E D AC T ION S :
S taff rec o mmends ap p ro val o f the ap p lication and s ugges ts the following motio n:
Planning Board - April 4, 2019
ITEM: 2
Mo tion to rec o mmend ap p ro val o f the amendment, as the Board finds that this reques t as desc rib ed is:
1. C ons is tent with the purp o s es and intent o f the 2016 C o mp rehens ive P lan bec ause it will p ro vide zoning to o ls
need ed to inc orporate the develo p ment p atterns envis io ned in the plan. T he new res id ential d is tric ts will allow
the full range of hous ing typ es and d ensities o utlined o n the F uture Land Us e Map and s upport an inc reas e o f
the s upply of wo rkforc e/affordable hous ing. T he new commerc ial districts will p ro vide zo ning d es ignations
that are designed to be lo cated where ac cessible to nearb y res id ents , and the new and revised mixed us e
districts will p ro vide o p tions for planned d evelopments that includ e the mixture of uses and develo p ment
forms enc o uraged in the C o mmunity Mixed Us e and Urb an Mixed Us e p laces.
2. R easonab le and in the p ublic interest b ecaus e the proposed amend ment will p ro vide additio nal optio ns fo r
residential, commerc ial, and mixed use develo p ment potentially appropriate in c o mmunity mixed use, urban
mixed us e, and general res id ential areas of the c o unty and are adapted from zo ning districts already
succ es s fully us ed in the C ity of Wilmingto n.
C O UN T Y MAN AGE R'S C OMME N T S AN D R E C OMME N DAT ION S : (only Manager)
Planning Board - April 4, 2019
ITEM: 2
SCRIPT for Zoning Ordinance Text Amendment (TA19-01)
Request by New Hanover County to amend the Zoning Ordinance to add five new residential districts,
two new commercial districts, one new mixed use district and to amend the existing Planned
Development district.
1. This is a public hearing. We will hear a presentation from staff. Then any supporters and any opponents
will each be allowed 15 minutes for their presentations and additional 5 minutes for rebuttal.
2. Conduct Hearing, as follows:
a. Staff/Applicant presentation
b. Supporters’ presentation(s) (up to 15 minutes)
c. Opponents’ presentation(s) (up to 15 minutes)
d. Applicant’s rebuttal (up to 5 minutes)
e. Opponents’ rebuttal (up to 5 minutes)
3. Close the public hearing
4. Board discussion
5. Vote on amendment. The motion should include a statement saying how the amendment is, or is not, consistent
with the land use plan and why it is, or is not, reasonable and in the public interest.
Options for Motions:
Motion to approve the text amendment as presented in the staff summary or a modified
version of the text amendments;
Motion to “table” the item in order to receive more information; or
Motion to deny the amendment proposal based on specific reasons, such as the proposal is not
consistent with the land use plan and/or the proposal is not reasonable and/or the proposal is
not in the public interest.
Staff Suggested Motion:
Motion to recommend approval of the amendment, as the Board finds that this request as described is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it will provide for the
zoning tools needed to incorporate the development patterns envisioned in the plan. The new residential
districts will allow the full range of housing types and densities outlined on the Future Land Use Map and
support an increase of the supply of workforce/affordable housing. The new commercial districts will
provide zoning designations that are designed to be located where accessible to nearby residents, and the
new and revised mixed use districts will provide options for planned developments that include the mixture
of uses and development forms encouraged in the Community Mixed Use and Urban Mixed Use places.
2. Reasonable and in the public interest because the proposed amendment will provide additional options for
residential, commercial, and mixed use development potentially appropriate in community mixed use, urban
mixed use, and general residential areas of the county and are adapted from zoning districts already
successfully used in the City of Wilmington.
Alternative Motion for Approval/Denial:
Motion to recommend [Approval/Denial], as the Board finds that this request for a text amendment to the Zoning
Ordinance as described is:
1. [Consistent/Not Consistent] with the purposes and intent of the 2016 Comprehensive Plan because [Describe
elements of controlling land use plans and how the amendment is or is not consistent].
2. [Reasonable/Not Reasonable] and in the public interest because [Briefly explain why. Factors may include
public health and safety, character of the area and relationship of uses, applicable plans, or balancing
benefits and detriments].
Planning Board - April 4, 2019
ITEM: 2 - 1 - 1
TA19-01 Staff Report PB 4.4.2019 Page 1 of 8
STAFF REPORT FOR TA19-01
TEXT AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: TA19-01
Request:
To amend the Zoning Ordinance to add five new residential zoning districts, two new commercial
districts, one new mixed use district and to amend the existing Planned Development district
Applicant: Subject Ordinance:
New Hanover County Zoning Ordinance
Subject Article(s) and Section(s):
Article V: District Regulations
o Section 50: Table of Permitted Uses
o Section 51: Residential Districts
o Section 52: Commercial Districts
o Section 54: Mixed Use Districts
Article VI: Supplementary District Regulations
o Section 60: Development Plans
o Section 63: Additional Restrictions Imposed on Uses Permitted by Right
Purpose & Intent
To provide residential zoning options that
o Allow the housing types and densities outlined in 2016 Comprehensive Plan
o Increase the supply of workforce/affordable housing
o Provide alternatives to the High Density Development special use permit
To provide commercial zoning options that
o Are designed to be located in areas more accessible for nearby residents
o Provide certainty without the use of conditions or negotiated rezonings
To provide mixed use zoning options that
o Allow and encourage projects that provide integrated mix of uses and high
quality design
Planning Board - April 4, 2019
ITEM: 2 - 2 - 1
TA19-01 Staff Report PB 4.4.2019 Page 2 of 8
BACKGROUND
Staff has prepared a code amendment to add eight new zoning districts to the county’s Zoning
Ordinance and to revise the existing Planned Development (PD) district. This is the first code
amendment prepared as part of the “UDO Project” development code update and will provide the
tools needed to allow the types of development envisioned in the 2016 Comprehensive Plan. The
proposed changes to the Zoning Ordinance reflect the direction received from the Planning Board
at their August 2018 UDO Project Work Session and the proposed district profile sheets presented
at the March 7, 2019 Planning Board meeting.
The addition of these eight districts is intended to allow the county’s development regulations to be
tailored more precisely to the needs of particular types of property, increase the diversity of
development options available within the county’s jurisdiction, and reduce uncertainty regarding
potential impacts from general district rezonings (without conditions).
If approved, the proposed new districts will be considered “floating,” as they will not be applied
to properties without additional rezoning hearings.
Proposed New Districts
The proposed code amendment includes five residential districts, two commercial districts, and a
mixed use district adapted from zoning designations already successfully used in the City of
Wilmington. This will increase the number of base zoning districts available in the county’s
jurisdiction to 25 (to compare, Wilmington currently has 31 zoning districts).
The permissions and standards for the proposed districts are generally based on the City of
Wilmington’s current requirements. The lists of permitted and special uses have been converted into
the use terms the county uses, as the names of uses are a little different in the two codes (like Movie
theaters vs. Indoor Theaters). The same supplemental standards that apply to a use in the city also
apply in the proposed districts, unless they are covered by existing state statutes (like for adult day
cares) or are not consistent with county practices (requiring lot size minimums for particular uses like
skating rinks).
Dimensional requirements have been amended to allow for the performance subdivision option in
the residential districts and to ensure that commercial properties that meet minimum lot size
requirements are buildable when adjacent to residential properties. Height standards are
generally higher in the city, allowing up to 96 feet in some districts, so these have been adjusted to
a 45’ limit, which is in line with the recommendations of the comprehensive plan and closer to the
current height standards allowed in the county’s districts.
Residential Districts
The proposed code amendment would add five new residential districts to New Hanover County’s
residential district line-up. The proposed districts include:
R-5 Moderate-High Residential District;
RMF-L Residential Multi-Family Low Density District;
RMF-M Residential Multi-Family Moderate Density District;
RMF-MH Residential Multi-Family Moderate-High Density District; and
RMF-H Residential Multi-Family High Density District
Planning Board - April 4, 2019
ITEM: 2 - 2 - 2
TA19-01 Staff Report PB 4.4.2019 Page 3 of 8
The intent of the new districts is to allow for the full range of residential densities and housing types
outlined in the 2016 Comprehensive Plan. The Zoning Ordinance’s current residential district line-
up currently only allows very low and low density residential development by-right, with a maximum
density of 6 dwelling units per acre. Moderate density projects are allowed only with a High
Density Development special use permit, which requires a quasi-judicial public hearing that limits
public input while increasing applicant cost and risk. With the addition of the 5 proposed residential
districts, the full range of densities outlined in the Comprehensive Plan would be allowed by-right,
as depicted in Figure 1.
Figure 1: Permitted Residential Densities by District
These new residential districts can also assist with achieving the county’s goals of increasing the
supply of workforce/affordable housing. Greater by-right density can help to reduce the cost of
developing each housing unit and allow for housing types, such as townhomes and condominiums,
that can provide more affordable living opportunities for area residents than large-lot single
family homes. In addition, accessory dwelling units are permitted in the proposed county districts,
just as they are in the city’s parallel districts.
Planning Board - April 4, 2019
ITEM: 2 - 2 - 3
TA19-01 Staff Report PB 4.4.2019 Page 4 of 8
Commercial Districts
Two new commercial districts adapted from the City of Wilmington’s zoning line-up are also
included in the proposed amendment. The proposed districts include:
CB Community Business District
CS Commercial Services District
The intent of these districts is to provide alternatives to the existing commercial designations,
particularly B-2, the most common commercial district in the county’s jurisdiction. One is designed
to be appropriate closer to residential neighborhoods, and the other provides an alternative zoning
designation for the B-2 uses that are less desirable on high-visibility corridors.
In general, commercial districts should balance flexibility in permitted uses and design with features
that will reduce impacts on nearby properties and neighborhoods, especially when the districts are
located in close proximity to residential areas. Historically, the county has provided flexibility by
allowing a large number and wide variety of uses in the B-2 district, with 90 uses permitted by-
right and 42 permitted with special use permit, ranging from neighborhood-scale retail and offices
to light industrial uses.
This type of zoning tool worked for many years because the B-2 designation was applied primarily
to properties that were already used for commercial purposes, already a part of the fabric of the
community, and often located a distance away from residential neighborhoods. Over time,
however, residential neighborhoods grew, and in 1988, the county added large setback
requirements between non-residential uses and residential properties. These requirements reduced
the likelihood that small lots potentially appropriate for smaller structures and businesses could be
located near residential neighborhoods but failed to reassure residents completely. In addition,
these requirements increased the cost to develop, as more land was required, which often meant
less expensive buildings were constructed. Businesses that could have provided services for nearby
communities were also limited in the areas where they would be most accessible to the residents
they served.
Currently, the B-2 district allows such a wide variety of uses that board members express they do
not have enough certainty regarding potential uses and their impacts to approve rezoning petitions
without applying additional conditions. This requires property owners seeking a rezoning to go
through the longer, riskier conditional zoning process and to place restrictions on future use of the
property. These conditional projects must be developed to the same dimensional and buffering
requirements as other B-2 properties and are generally not visibly different in quality or type than
other projects developed based on the original 1970s zoning designations.
One tactic to reduce resident misgivings and board uncertainties would be to remove the uses most
likely to cause concern, such as contractor operations, outside storage, and light industry. Many of
these uses already exist on the ground, however, and removing them from B-2 could create
nonconformities. This would result in a loss of value for property owners as no other current
commercial zoning district allows the range of uses currently allowed on their properties and could
inadvertently limit reinvestment. The creation of alternative zoning districts avoids potential
nonconformities while still meeting the same goals.
Planning Board - April 4, 2019
ITEM: 2 - 2 - 4
TA19-01 Staff Report PB 4.4.2019 Page 5 of 8
Community Business (CB) District
The CB district is proposed as an
alternative to conditional B-2
zoning. It is intended to balance
flexibility in uses with setbacks,
structure size, and buffering
requirements that maintain the
quality of life for surrounding
residents. Supplemental standards
limit the size of retail operations,
and outside storage is not allowed.
This district should be one residents
and boards could feel comfortable
being applied to properties along
corridors and at intersections close
to residential neighborhoods
without a conditional rezoning
process.
Commercial Services (CS) District
The CS district is intended to be an
alternative zoning designation to
allow the B-2 uses that are less desirable for high visibility corridors like Market Street, S. College
Road, and Carolina Beach Road. It will allow for uses like contractor yards, equipment storage,
and some light industry and requires larger setbacks than those required for the CB district. These
types of uses play an important role in the local economy but often require more land and easier
truck access, which may be less appropriate along major corridors where land is generally more
expensive and a use’s visual appearance is under closer scrutiny. Encouraging these uses through
a specific zoning designation in areas on the outskirts of industrial areas or near similar uses can
support the viability of businesses and increase the attractiveness of the primary gateways to tourist
destinations.
In addition, by providing an alternative to B-2, the full range of commercial uses will still be
available, but it may be possible to begin to transition B-2 into a regional business district with the
types of larger format retail and office uses that can provide more employment and shopping
opportunities. To encourage this, uses not allowed in the city’s district but permitted in B-2, such as
boat dealers, recycling facilities, and some manufacturing uses, have been added to the proposed
CS use list.
Mixed Use District
Though not presented at the August 2018 Planning Board Work Session, one mixed use district
adapted from the city’s UMX zoning designation is proposed. During various meetings over the
past few months, county staff has received feedback that the new mixed use districts will be key to
providing the types of development patterns outlined in the comprehensive plan. While staff will
be working with a consulting firm over the next year to develop the full slate of neighborhood-
scale, community-scale, and urban-scale mixed use districts outlined at the Work Session, an
adapted city UMX district was suggested as a potentially effective tool for the county’s jurisdiction
that did not have to wait on additional study.
Figure 2: Range of Current & Proposed Commercial Districts
Planning Board - April 4, 2019
ITEM: 2 - 2 - 5
TA19-01 Staff Report PB 4.4.2019 Page 6 of 8
The proposed UMXZ balances a wide spectrum of permitted uses with very specific design
standards intended to create a more urban form that could be appropriate in some Community
Mixed Use places and the Urban Mixed Use places shown on the Future Land Use Map.
Proposed Changes to Existing Planned Development (PD) District
At the August 2018 Planning Board Work Session, several proposed changes to the county’s
Planned Development (PD) district were outlined. They included updating the intent statement,
reducing the district size requirements, reducing fringe use restrictions, and revising density
requirements and incentives. In the proposed amendment, all of these modifications are proposed
except for the density standards. That portion of the district will be evaluated in future phases of
the development code update to make sure that the county’s highest priorities are being incentivized
and that those incentives work the way they are intended.
The PD district was created to allow for the development of integrated mixed-use projects under
common ownership. In general, these types of districts are designed to balance enough flexibility
to allow for innovative projects with enough oversight to ensure the projects are appropriate if
developed as approved. PD is the county’s only current zoning district that allows both flexibility
in use and design and has processes in place intended to allow for thorough staff, community, and
board member review prior to any approval.
The current district size requirement of 100 acres was created at a time when these types of projects
were generally developed on very large tracts of land. The limited amount of large vacant tracts
remaining in the county and post-recession challenges in developing multi-phase projects over long
periods of time have made this model less likely. Reducing the minimum district size for a PD could
increase the likelihood that it will be used to create the types of mixed use developments envisioned
by the Comprehensive Plan. While some jurisdictions do not place any district size requirements on
PD, that usually only occurs when no other mixed use district options exist or when areas are highly
urban. Ten acres is generally large enough to accommodate a mix of uses and allow for fewer
development phases and shorter development timeframe.
In addition, the PD district standards also include fringe use restrictions that limit uses in a 200 ft.
wide buffer area around the perimeter of the PD project when it’s adjacent to residential uses
and/or planned residential lots. In this area, only residential uses, open space, rights-of-way,
stormwater utilities, and active recreation uses are allowed, and building heights are reduced and
building setbacks increased. These fringe use restrictions were adopted as part of the same 1988
amendment that introduced very large setbacks between non-residential uses and residential
properties. Those types of separations between uses has been shown to reduce development
potential and the efficient use of land. In addition, these restrictions are greater than is required
for B-2 and I-1 developments located next to residential properties. Because PD has a process in
place that provides opportunities for boards to consider the appropriateness of the proposed
development, removing the fringe use area and instead requiring the same setbacks allowed in
other districts (CB for retail and office, I-1 for manufacturing) can increase the likelihood that this
district is used.
Planning Board - April 4, 2019
ITEM: 2 - 2 - 6
TA19-01 Staff Report PB 4.4.2019 Page 7 of 8
PROPOSED AMENDMENT
The proposed amendment is attached. New text is shown in red and is underlined. Text that has
been removed is shown with a strikethrough line.
The proposed amendment includes changes to:
Article V: District Regulations
o Section 50, Table of Permitted Uses (p. 1-15)
o Sections 51, 52, and 54 outlining the zoning district regulations (p. 16-34)
Article VI: Supplementary District Regulations
o Section 60 to include lighting standards (p. 35)
o Section 63 to outline supplemental standards for uses permitted by right (p. 35-39)
STAFF ANALYSIS
Currently, the county does not provide the diversity of zoning districts that will allow the types of
development patterns outlined in the 2016 Comprehensive Plan. The proposed amendment
includes adaptations of eight zoning districts already successfully used in the City of Wilmington
and a revision to the current county PD district. It will allow for the full range of residential types
and density outlined in the comprehensive plan, support the development of more affordable
housing, offer new commercial development options that provide alternatives to B-2 zoning, and
afford immediate opportunities for mixed use projects in the county’s jurisdiction.
These new zoning tools are the principal code update needed to allow for the implementation of
the comprehensive plan’s goals and will set up opportunities for development of more complete
communities throughout the county’s planning jurisdiction.
Additional Considerations
In adapting the city zoning districts, staff focused on keeping use permissions, supplemental
standards (regarding buffering, lighting, etc.), and dimensional standards (setbacks, minimum lot
sizes, height limits, etc.) in line with either what the city’s current requirements or the general
practices and policies for New Hanover County. Two considerations came to light, however, that
fall outside those general guidelines but may improve the functionality of the proposed zoning
classifications.
1. The city’s R-5 and multi-family districts allow for accessory apartments, and this use has
been added to the county’s list of uses. The city currently requires that accessory units be
no more than 35% of the gross floor area of the principal dwelling, but we have received
feedback that this percentage limits the potential for accessory units. Staff would
recommend that the size maximum for accessory units be no more than 50% of the
gross floor area of the principal dwelling.
The city also currently requires that lots be either 50% larger than the minimum lot area of
a district or 5,000 square feet in order to be allowed an accessory unit. The feedback
we have received indicates this is also a factor that limits the possibility of these units in
the city’s districts. This type of restriction is generally required to ensure that roadway
and utility infrastructure can accommodate additional units and to reduce the likelihood
that multiple accessory units alter neighborhood character. Appropriate lot size and
density standards for accessory units will be considered in future phases of the
development code update.
Planning Board - April 4, 2019
ITEM: 2 - 2 - 7
TA19-01 Staff Report PB 4.4.2019 Page 8 of 8
2. Senior Living: Active Adult Retirement Community or Independent Living uses generally
follow the same standards as similar developments where age is not restricted. However,
it is not specifically listed in the city’s code and is not allowed with the same permissions as
single-family detached or attached in the county’s jurisdiction. It is currently drafted as not
allowed in the new residential districts. In keeping with the original intent of the use,
however, staff recommends that Senior Living: Active Adult Retirement Community or
Independent Living be permitted by right in the R-5 and RMF districts, subject to the
same permissions and density requirements as for other residential development in
those districts.
STAFF RECOMMENDATION
Staff recommends approval of the requested amendment. Staff concludes that the amendment is:
1. Consistent with the purposes and intent of the 2016 Comprehensive Plan because it will
provide for the zoning tools needed to incorporate the development patterns envisioned in
the plan. The new residential districts will allow the full range of housing types and
densities outlined on the Future Land Use Map and support an increase of the supply of
workforce/affordable housing. The new commercial districts will provide zoning
designations that are designed to be located where accessible to nearby residents, and
the new and revised mixed use districts will provide options for planned developments
that include the mixture of uses and development forms encouraged in the Community
Mixed Use and Urban Mixed Use places.
2. Reasonable and in the public interest because the proposed amendment will provide
additional options for residential, commercial, and mixed use development potentially
appropriate in community mixed use, urban mixed use, and general residential areas of
the county and are adapted from zoning districts already successfully used in the City of
Wilmington.
Planning Board - April 4, 2019
ITEM: 2 - 2 - 8
TA19-01 Text Amendment PB 4.4.2019 Page 1 of 39
Section 50: Table of Permitted Uses
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
U
M
X
Z
Supp
Regs
NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 1
TA19-01 Text Amendment PB 4.4.2019 Page 2 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
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I
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&
I
A
R
A
I
S
C
R
A
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Regs
NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 2
TA19-01 Text Amendment PB 4.4.2019 Page 3 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
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&
I
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A
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A
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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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 3
TA19-01 Text Amendment PB 4.4.2019 Page 4 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
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&
I
A
R
A
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S
C
R
A
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Regs
NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 4
TA19-01 Text Amendment PB 4.4.2019 Page 5 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
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&
I
A
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A
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S
C
R
A
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F
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NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 5
TA19-01 Text Amendment PB 4.4.2019 Page 6 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
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&
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R
A
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S
C
R
A
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NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 6
TA19-01 Text Amendment PB 4.4.2019 Page 7 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
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&
I
A
R
A
I
S
C
R
A
R
F
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Regs
NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 7
TA19-01 Text Amendment PB 4.4.2019 Page 8 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
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&
I
A
R
A
I
S
C
R
A
R
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Regs
NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 8
TA19-01 Text Amendment PB 4.4.2019 Page 9 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
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NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 9
TA19-01 Text Amendment PB 4.4.2019 Page 10 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
U
M
X
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Regs
NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 10
TA19-01 Text Amendment PB 4.4.2019 Page 11 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
U
M
X
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Supp
Regs
NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 11
TA19-01 Text Amendment PB 4.4.2019 Page 12 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
U
M
X
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Supp
Regs
NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 12
TA19-01 Text Amendment PB 4.4.2019 Page 13 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
U
M
X
Z
Supp
Regs
NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 13
TA19-01 Text Amendment PB 4.4.2019 Page 14 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
U
M
X
Z
Supp
Regs
NAICS
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 14
TA19-01 Text Amendment PB 4.4.2019 Page 15 of 39
Permitted Uses PD
R
20S
R
20
R
15
R
10
R7 R5
R
M
F-
L
R
M
F-
M
R
M
F-
M
H
R
M
F-
H
B
1
C
B
B
2
C
S
I
1
I
2
O
&
I
A
R
A
I
S
C
R
A
R
F
M
U
U
M
X
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Supp
Regs
NAICS
Mining & Quarrying (High Intensity) S 72-42 21
Planning Board - April 4, 2019
ITEM: 2 - 3 - 15
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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 16
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.
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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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 18
TA19-01 Text Amendment PB 4.4.2019 Page 19 of 39
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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ITEM: 2 - 3 - 19
TA19-01 Text Amendment PB 4.4.2019 Page 20 of 39
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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 20
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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 21
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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 22
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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 23
TA19-01 Text Amendment PB 4.4.2019 Page 24 of 39
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 24
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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ITEM: 2 - 3 - 25
TA19-01 Text Amendment PB 4.4.2019 Page 26 of 39
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)
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ITEM: 2 - 3 - 26
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 28
TA19-01 Text Amendment PB 4.4.2019 Page 29 of 39
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)
Planning Board - April 4, 2019
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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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 31
TA19-01 Text Amendment PB 4.4.2019 Page 32 of 39
(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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 32
TA19-01 Text Amendment PB 4.4.2019 Page 33 of 39
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
Planning Board - April 4, 2019
ITEM: 2 - 3 - 33
TA19-01 Text Amendment PB 4.4.2019 Page 34 of 39
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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 34
TA19-01 Text Amendment PB 4.4.2019 Page 35 of 39
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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 35
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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 36
TA19-01 Text Amendment PB 4.4.2019 Page 37 of 39
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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 37
TA19-01 Text Amendment PB 4.4.2019 Page 38 of 39
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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 38
TA19-01 Text Amendment PB 4.4.2019 Page 39 of 39
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.
Planning Board - April 4, 2019
ITEM: 2 - 3 - 39
04-04-2019 Text Change Public Hearing Version
R -5 MODERATE -HIGH RE SIDENTIAL DISTRICT ADAPTED FROM CITY OF WILMINGTON’S R -5 DI STRICT
INTENT STATEMENT
Proposed Intent Statement
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 REQUIREM ENTS
Current City of Wilmington Requirements
Minimum Lot Size 5,000 sf detached single family
7,500 sf duplex
12,500 sf triplex (3-unit building)
17,500 sf quadraplex (4-unit building)
Minimum Lot Width 50 ft.
Maximum Lot Coverage 50%
Front Setback (minimum) 20 ft.
Rear Setback (minimum) 15 ft.
Interior Side Setback (minimum) 7 ft.
Corner Side Setback (minimum) 10.5 ft.
Maximum Height 35 ft.
Proposed NHC 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 (no minimum lot sizes, allows clustering)
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.
Commentary:
This district is intended to mirror Wilmington’s R -5 district, which applies to single-family residential development similar to the early “streetcar suburbs” near
downtown Wilmington. The NHC version does not require the historic style and d evelopment pattern of these areas but allows the single family densities
envisioned for community and urban mixed use places.
The proposed intent statement is the same as the draft intent statement presented at the Summer 2018 Planning Board Work Session.
Commentary:
Unlike the City of Wilmington, New Hanover County provides two subdivision options: conventional and performance. The City of Wilmington only allows
conventional subdivisions. In this type of residential development, lots must meet specific size requirements, and structures must meet s pecific setbacks.
Performance subdivisions do not have these standards—only a maximum density and building separation requirements—which allows for clustering, townhome-
style development, and condominium ownership.
The current City of Wilmington lot requirements will be the same for lots subdivided under t he county’s conventional subdivision standards.
Under the county’s performance standards, the R-5 district will allow a maximum density of 8 units per acre, the maximum density allowed in the city currently.
The perimeter setback and building separation standards are common for all performance projects.
Structure size requirements will be the same as the city’s current standards for this district.
After receiving feedback on initial profile sheets, the maximum lot coverage is not included in the proposed text amendment—NHC does not currently regulate
residential site development in this way, relying on lot setback requirements and subdivision stormwater standards.
Changes from 03-07-2019
Profile Sheets indicated with a
Planning Board - April 4, 2019
ITEM: 2 - 4 - 1
04-04-2019 Text Change Public Hearing Version
USE PERMISSIONS
Current City of Wilmington Permissions
Uses Permitted by Right
Single-family, detached
Duplex, triplex, quadraplex
Golf courses, public or private, with related services
Parks and recreation areas, municipal
Recreation, neighborhood
Uses Permitted w/Additional Standards
Bed and Breakfast (Hemenway Residential Area only)
Government uses outside public rights-of-way, except offices
Group home supportive, medium
Libraries
Religions institutions
Telecommunication facility, unattended
Single-family courtyard developments
Utility stations and plants outside public rights-of-way
Family care home
Homestay lodging
Uses Permitted w/Special Use Permit
Community center
Day care, adult or child
Historic mixed-use buildings
Recreation facility, private
Planned unit development
Schools, primary and seconda ry
Permitted Accessory Uses & Structures
Accessory apartment, detached
Community boating facility
Home occupation
Kennel, private
Swimming pool
Proposed NHC Permissions
Uses Permitted by Right
Single Family Dwelling
Single Family Dwelling-Attached*
Duplex
Golf Courses
Parks & Recreation Area
Amateur Radio Antennas (up to 90 ft.)
Antenna & Towers less than 70 ft. in height
Cellular & PCS Antenna
Electric/Gas & Sanitary Services
Home Occupation
Accessory Buildings or Uses, clearly incidental to the permitted use or
building
Government Offices and Buildings*
Group Homes*
Libraries
Churches*
Residential Care*
Family Child Care Home*
Accessory Dwelling Unit*
Agricultural Uses
Telephone & Telegraph Facilities
Private Residential Boating Facility
Special Fundraising for Non-Profit Organizations*
Evangelistic and Religious Assemblies not conducted at a church*
Residential Private Pier
Temporary Sign
Temporary Relocation Housing*
Uses Permitted w/Special Use Permit
Community Center
Adult Day Care
Child Day Care
Indoor Recreation Establishment
Outdoor Recreation Establishment
Elementary & Secondary Schools
Electric Substation
Other Communication Facilities including Towers
Commercial Marina
Cemeteries
Community Boating Facility
Nursing Home/Rehabilitation Center
Recycling Facilities: Small Collection
Commentary:
Because the city and county do not have the same list of uses, the city’s permissions have been translated as closely as poss ible to the closest county term. In
addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permission s
include:
o Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The
reference for the supplemental standards will be provided on the table, which is the county’s current practice. Uses with a have additional standards in
the city and were shown with an asterisk on the initial district profile sheet. The applicable standards are covered by general site design st andards in the
county and will be permitted without supplemental standards in the district.
o These uses and/or permissions are specific to the city code and are not proposed to be added to the county’s list of uses.
o This use is already allowed in the county under the performance subdivision option.
o This use is permitted by the city but is not historically allowed in zoning districts of this type in the county’s jurisdiction. It will not be included in the
county R-5 district.
o While not included in the city’s R-5 district, these uses are generally allowed in county residential districts with these levels of permission. They will be
allowed in the county’s R-5 district.
o These uses generally have different permissions in the county than they do in the city. In the NHC districts, permissions wi ll be in-line with those of similar
districts.
o This use will be added to the county’s list of uses.
Planning Board - April 4, 2019
ITEM: 2 - 4 - 2
04-04-2019 Text Change Public Hearing Version
RMF -L RESIDENTIAL MULTI -FAMILY LOW -DENSITY DISTRICT ADAPTED FROM CITY OF WILMINGTON’S MF-L DISTRICT
INTENT STATEMENT
Proposed Intent Statement
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 REQUIREM ENTS
Current City of Wilmington Requirements
Minimum Lot Size 5,000 sf detached single family
20,000 sf multi-family
Maximum Density 6 units/acre detached single family
10 units/acre multi-family
Minimum Lot Width 50 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
100 ft. multi-family
Maximum Lot Coverage 50% detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
30% multi-family
Front Setback (minimum) 15 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
35 ft. multi-family
Rear Setback (minimum) 15 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
25 ft. multi-family
Interior Side Setback (minimum) 5 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
20 ft. multi-family
Corner Side Setback (minimum) 10 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
30 ft. multi-family
Maximum Height 96 ft.*
* Heights over 35 ft. subject to additional setbacks
Additional Setbacks for Buildings >35 ft. in Height
First 10 ft. above 35 ft. 4 additional ft. for each 10 ft.
increment, or portion thereof
10.1 to 30 ft. above 35 ft. 6 ft. for each 10 ft. increment
30.1 ft. or more above 35 ft. 8 ft. for each 10 ft. increment
Proposed NHC 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 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.
Commentary:
This district is based on Wilmington’s MF-L district and is intended for community mixed use
places and areas near city developments of similar type and density.
The proposed intent statement is the same as the draft intent statement presented at the
Summer 2018 Planning Board Work Session.
Commentary:
Unlike the City of Wilmington, New Hanover County provides two subdivision options: conventional and performance. The City of Wilmington only allows
conventional subdivisions. In this type of residential development, lots must meet specific size requirements, and structures must meet specific setbacks.
Performance subdivisions do not have these standards—only a maximum density and building separation requirements—which allows for clustering, townhome-
style development, and condominium ownership.
The majority of current City of Wilmington lot requirements will be the same for lots subdivided under the county’s conventional subdivision standard s. However,
lot size requirements consistent with the R-5 standards will be added for duplexes and 3 and 4-unit attached buildings for clarity, and only the maximum density of
10 units/acre is listed. The county does not outline maximum single family densities for conventional subdivisions, as that is generally determined by open space
requirements and the types of roadway infrastructure provided.
Under the county’s performance standards, the RMF-L district will allow a maximum density of 10 units per acre, the maximum density allowed in the city currently.
The perimeter setback and building separation standards are common for all performance projects.
While the city allows building heights up to 96 feet in this district, this is taller than recommended for community mixed us e places in the 2016 Comprehensive
Plan. It recommends that buildings in this type of place be no more tha n 3 stories in height. The 45 ft. maximum should allow for most building types and is based
on the City of Raleigh code, which includes both story and maximum height requirements.
After receiving feedback on initial profile sheets, the maximum lot coverage is not included in the proposed text amendment—NHC does not currently regulate
residential site development in this way, relying on lot setback requirements and subdivision stormwater standards.
Changes from 03-07-2019
Profile Sheets indicated with a
Planning Board - April 4, 2019
ITEM: 2 - 5 - 1
04-04-2019 Text Change Public Hearing Version
USE PERMISSIONS
Current City of Wilmington Permissions
Uses Permitted by Right
Dwellings, attached (including townhouses)
Dwellings, duplex, triplex, and quadraplex
Dwellings, multifamily
Dwellings, single-family detached
Golf courses, public or private, with related services
Parks and recreation areas, municipal
Recreation facility, neighborhood
Quad-unit apartment
Uses Permitted w/Additional Standards
Government uses outside public rights-of-way, except office uses, but
including buildings occupied or operated by federal, state, county and/or
municipal government on land owned or leased by a government body
Group home supportive, small
Group home supportive, medium
Group home supportive, large
Libraries
Religious institutions
Telecommunication facility, unattended
Utility stations and plants outside public rights-of-way that don’t create
excessive noise, odor, smoke, dust, and that do not possess other
objectionable characteristics
Property restricted real estate office
Family care home
Homestay lodging
Uses Permitted w/Special Use Permit
Community center
Day care, adult or child
Dormitory, private
Fraternity and sorority houses
Group day facility
Planned unit development
Recreation facility, private
Schools, primary and secondary
Assisted living residence
Permitted Accessory Uses & Structures
Accessory apartment, detached
Home occupation
Kennel, private
Swimming pool
Proposed NHC Permissions
Uses Permitted by Right
Single Family Dwelling
Duplex
Single Family Dwelling—Attached
Golf Courses
Parks & Recreation Area
Home Occupation
Government Offices and Buildings*
Group Home*
Libraries
Churches*
Residential Care*
Accessory Buildings or Uses, clearly incidental to the permitted use or
building
Amateur Radio Antennas (up to 90 ft.)
Antenna & Towers less than 70 ft. in height & ancillary to principal use
Cellular & PCS Antenna*
Electric/Gas & Sanitary Services
Family Child Care Home*
Accessory Real Estate Office
Accessory Dwelling Unit
Agricultural Uses
Telephone & Telegraph Facilities
Private Residential Boating Facility
Special Fundraising for Non-Profit Organizations*
Evangelistic and Religious Assemblies not Conducted at a Church*
Residential Private Pier
Temporary Sign
Temporary Relocation Housing*
Uses Permitted w/Special Use Permit
Community Center
Adult Day Care
Child Day Care
Fraternities/Sororities, Residential
Elementary & Secondary Schools
Indoor Recreation Establishment
Outdoor Recreation Establishment
Senior Living: Assisted Living or Personal Care Facility
Electric Substation
Other Communication Facilities including Towers
Commercial Marina
Nursing Home/Rehabilitation Center
Cemeteries
Community Boating Facility
Recycling Facilities: Small Collection
Commentary:
Because the city and county do not have the same list of uses, the city’s permissions have been translated as closely as possible to the closest county term. In
addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permi ssions
include:
o Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The
reference for the supplemental standards will be provided on the table, which is the county’s current practice. Uses with a have additional standards in
the city and were shown with an asterisk on the initial district profile sheet. The applicable standards are covered by gene ral site design standards in the
county and will be permitted without supplemental standards in the district.
o These uses and/or permissions are specific to the city code and are not proposed to be added to the county’s list of uses.
o This use is permitted by the city but is not historically allowed in zoning districts of this type in the county’s jurisdiction. It will not be included in the
county RMF-L district.
o While not included in the city’s MF-L district, these uses are generally allowed in similar county districts with these levels of permission. They will be
allowed in the county’s RMF-L district.
o These uses generally have different permissions in the county than they do in the city. In the NHC districts, permissions wi ll be in-line with those of similar
districts.
o This use will be added to the county’s list of uses.
Allowed under Accessory
Buildings or Uses
Planning Board - April 4, 2019
ITEM: 2 - 5 - 2
04-04-2019 Text Change Public Hearing Version
RMF -M RESIDENTIAL MULTI -FAMILY MODERATE DENSITY DISTRICT
ADAPTED FROM CITY OF WILMINGTON’S MF-M DISTRICT
INTENT STATEMENT
Proposed Intent Statement
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 REQUIREM ENTS
Current City of Wilmington Requirements
Minimum Lot Size 5,000 sf detached single family
20,000 sf multi-family
Maximum Density 9 units/acre detached single family
17 units/acre multi-family
Minimum Lot Width 50 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
100 ft. multi-family
Maximum Lot Coverage 50% detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
30% multi-family
Front Setback (minimum) 15 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
35 ft. multi-family
Rear Setback (minimum) 15 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
25 ft. multi-family
Interior Side Setback (minimum) 5 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
20 ft. multi-family
Corner Side Setback (minimum) 10 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
30 ft. multi-family
Maximum Height 96 ft.*
* Heights over 35 ft. subject to additional setbacks
Additional Setbacks for Buildings >35 ft. in Height
First 10 ft. above 35 ft. 4 additional ft. for each 10 ft.
increment, or portion thereof
10.1 to 30 ft. above 35 ft. 6 ft. for each 10 ft. increment
30.1 ft. or more above 35 ft. 8 ft. for each 10 ft. increment
Proposed NHC 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.
Commentary:
This district is based on Wilmington’s MF-M district and is intended for community mixed use
places and employment centers. It can also serve as a transition between nonresidential districts
or higher density residential areas and lower density areas.
The proposed intent statement is the same as the draft intent statement presented at the
Summer 2018 Planning Board Work Session.
Commentary:
Unlike the City of Wilmington, New Hanover County provides two subdivision options: conventional and performance. The City of Wilmington only allows
conventional subdivisions. In this type of residential development, lots must meet specific size requirements, and structures must meet specific setbacks.
Performance subdivisions do not have these standards—only a maximum density and building separation requirements—which allows for clustering, townhome-
style development, and condominium ownership.
The majority of current City of Wilmington lot requirements will be the same for lots subdivided under the county’s conventional subdivision standar ds. However, lot
size requirements consistent with the R-5 standards will be added for duplexes and 3 and 4-unit attached buildings for clarity, and only the maximum density of 17
units/acre is listed. The county does not outline maximum single family densities for conventional subdivisions, as that is generally determined by open space
requirements and the types of roadway infrastructure provided.
Under the county’s performance standards, the RMF-M district will allow a maximum density of 17 units per acre, the maximum density allowed in the city currently.
The perimeter setback and building separation standards are common for all performance projects.
While the city allows building heights up to 96 feet in this district, this is taller than recommended for community mixed use places in the 2016 Comprehensive Plan.
It recommends that buildings in this type of place be no more than 3 stories in height. The 45 ft. maximum should allow for most building types and is based on the
City of Raleigh code, which includes both story and maximum height requirements.
After receiving feedback on initial profile sheets, the maximum lot coverage is not included in the proposed text amendment —NHC does not currently regulate
residential site development in this way, relying on lot setback requirements and subdivision stormwater standards.
Changes from 03-07-2019
Profile Sheets indicated with a
Planning Board - April 4, 2019
ITEM: 2 - 6 - 1
04-04-2019 Text Change Public Hearing Version
USE PERMISSIONS
Current City of Wilmington Permissions
Current City of Wilmington Permissions
Uses Permitted by Right
Dwellings, attached (including townhouses)
Dwellings, duplex, triplex, and quadraplex
Dwellings, multifamily
Dwellings, single-family detached
Golf courses, public or private, with related services
Parks and recreation areas, municipal
Recreation facility, neighborhood
Quad-unit apartment
Uses Permitted w/Additional Standards
Government uses outside public rights-of-way, except office uses, but
including buildings occupied or operated by federal, state, county and/or
municipal government on land owned or leased by a government body
Group home supportive, small
Group home supportive, medium
Group home supportive, large
Libraries
Religious institutions
Telecommunication facility, unattended
Utility stations and plants outside public rights-of-way that don’t create
excessive noise, odor, smoke, dust, and that do not possess other
objectionable characteristics
Property restricted real estate office
Family care home
Homestay lodging
Uses Permitted w/Special Use Permit
Community center
Day care, adult or child
Dormitory, private
Fraternity and sorority houses
Group day facility
Planned unit development
Recreation facility, private
Schools, primary and secondary
Assisted living residence
Permitted Accessory Uses & Structures
Accessory apartment, detached
Home occupation
Kennel, private
Swimming pool
Proposed NHC Permissions
Uses Permitted by Right
Single Family Dwelling
Duplex
Single Family Dwelling—Attached
Golf Courses
Parks & Recreation Area
Home Occupation
Government Offices and Buildings*
Group Home*
Libraries
Churches*
Residential Care*
Accessory Buildings or Uses, clearly incidental to the permitted use or
building
Amateur Radio Antennas (up to 90 ft.)
Antenna & Towers less than 70 ft. in height & ancillary to principal use
Cellular & PCS Antenna*
Electric/Gas & Sanitary Services
Family Child Care Home*
Accessory Real Estate Office
Accessory Dwelling Unit
Agricultural Uses
Telephone & Telegraph Facilities
Private Residential Boating Facility
Special Fundraising for Non-Profit Organizations*
Evangelistic and Religious Assemblies not Conducted at a Church*
Residential Private Pier
Temporary Sign
Temporary Relocation Housing*
Uses Permitted w/Special Use Permit
Community Center
Adult Day Care
Child Day Care
Fraternities/Sororities, Residential
Elementary & Secondary Schools
Indoor Recreation Establishment
Outdoor Recreation Establishment
Senior Living: Assisted Living or Personal Care Facility
Electric Substation
Other Communication Facilities including Towers
Commercial Marina
Nursing Home/Rehabilitation Center
Cemeteries
Community Boating Facility
Recycling Facilities: Small Collection
Commentary:
Because the city and county do not have the same list of uses, the city’s permissions have been translated as closely as possible to the closest county term. In
addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permission s
include:
o Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The
reference for the supplemental standards will be provided on the table, which is the county’s current practice. Uses with a have additional standards
in the city and were shown with an asterisk on the initial district profile sheet. The applicable standards are covered by g eneral site design standards in the
county and will be permitted without supplemental standards in the district.
o These uses and/or permissions are specific to the city code and are not proposed to be added to the county’s list of uses.
o This use is permitted by the city but is not historically allowed in zoning districts of this type in the county’s jurisdicti on. It will not be included in the
county RMF-M district.
o While not included in the city’s MF-M district, these uses are generally allowed in similar county districts with these levels of permission. They will be
allowed in the county’s RMF-M district.
o These uses generally have different permissions in the county than they do in the city. In the NHC districts, permissions will be in -line with those of similar
districts.
o This use will be added to the county’s list of uses.
Allowed under Accessory
Buildings or Uses
Planning Board - April 4, 2019
ITEM: 2 - 6 - 2
04-04-2019 Text Change Public Hearing Version
RMF -M H RESIDENTIAL MULTI -FAMILY MODERATE -HIGH DENSITY DISTRICT
ADAPTED FROM CITY OF WILMINGTON’S MF-MH DISTRICT
INTENT STATEMENT
Proposed Intent Statement
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 REQUIREM ENTS
Current City of Wilmington Requirements
Minimum Lot Size 4,000 sf detached single family
20,000 sf multi-family
Maximum Density 12 units/acre detached single family
25 units/acre multi-family
Minimum Lot Width 40 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
90 ft. multi-family
Maximum Lot Coverage 50% detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
35% multi-family
Front Setback (minimum) 15 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
30 ft. multi-family
Rear Setback (minimum) 15 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
25 ft. multi-family
Interior Side Setback (minimum) 5 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
20 ft. multi-family
Corner Side Setback (minimum) 10 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
30 ft. multi-family
Maximum Height 96 ft.*
* Heights over 35 ft. subject to additional setbacks
Additional Setbacks for Buildings >35 ft. in Height
First 10 ft. above 35 ft. 4 additional ft. for each 10 ft.
increment, or portion thereof
10.1 to 30 ft. above 35 ft. 6 ft. for each 10 ft. increment
30.1 ft. or more above 35 ft. 8 ft. for each 10 ft. increment
Proposed NHC Requirements
Conventional Subdivision Lots (specifies minimum lot sizes)
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 (no minimum lot sizes, allows clustering)
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.
Commentary:
This district is based on Wilmington’s MF-MH district and is intended for urban
mixed use places.
The proposed intent statement is the same as the draft intent statement
presented at the Summer 2018 Planning Board Work Session.
Commentary:
Unlike the City of Wilmington, New Hanover County provides two subdivision options: conventional and performance. The City of Wilmington only allows
conventional subdivisions. In this type of residential development, lots must meet specific size requirements, and structures must meet specific setbacks.
Performance subdivisions do not have these standards—only a maximum density and building separation requirements—which allows for clustering, townhome-
style development, and condominium ownership.
The majority of current City of Wilmington lot requirements will be the same for lots subdivided under the county’s conventional subdivision standard s. However, lot
size requirements consistent with the R-5 standards will be added for duplexes and 3 and 4-unit attached buildings for clarity, and only the maximum density of 25
units/acre is listed. The county does not outline maximum single family densities for conventional subdivisions, as that is generally determined by open space
requirements and the types of roadway infrastructure provided.
Under the county’s performance standards, the RMF-MH district will allow a maximum density of 25 units per acre, the maximum density allowed in the city
currently. The perimeter setback and building separation standards are common for all performance projects.
While the city allows building heights up to 96 feet in this district, this is taller than recommended for community mixed us e places in the 2016 Comprehensive Plan.
It recommends that buildings in this type of place be no more than 3 stories in height. The 45 ft. maximum should allow for most buildi ng types and is based on the
City of Raleigh code, which includes both story and maximum height requirements.
After receiving feedback on initial profile sheets, the maximum lot coverage is not included in the proposed text amendment—NHC does not currently regulate
residential site development in this way, relying on lot setback requirements and subdivision stormwater standards.
Changes from 03-07-2019
Profile Sheets indicated with a
Planning Board - April 4, 2019
ITEM: 2 - 7 - 1
04-04-2019 Text Change Public Hearing Version
USE PERMISSIONS
Current City of Wilmington Permissions
Uses Permitted by Right
Dwellings, attached (including townhouses)
Dwellings, duplex, triplex, and quadraplex
Dwellings, multifamily
Dwellings, single-family detached
Golf courses, public or private, with related services
Parks and recreation areas, municipal
Recreation facility, neighborhood
Quad-unit apartment
Uses Permitted w/Additional Standards
Government uses outside public rights-of-way, except office uses, but
including buildings occupied or operated by federal, state, county and/or
municipal government on land owned or leased by a government body
Group home supportive, small
Group home supportive, medium
Group home supportive, large
Libraries
Religious institutions
Telecommunication facility, unattended
Utility stations and plants outside public rights-of-way that don’t create
excessive noise, odor, smoke, dust, and that do not possess other
objectionable characteristics
Property restricted real estate office
Family care home
Homestay lodging
Uses Permitted w/Special Use Permit
Community center
Day care, adult or child
Dormitory, private
Fraternity and sorority houses
Group day facility
Planned unit development
Recreation facility, private
Schools, primary and secondary
Assisted living residence
Permitted Accessory Uses & Structures
Accessory apartment, detached
Home occupation
Kennel, private
Swimming pool
Proposed NHC Permissions
Uses Permitted by Right
Single Family Dwelling
Duplex
Single Family Dwelling—Attached
Golf Courses
Parks & Recreation Area
Home Occupation
Government Offices and Buildings*
Group Home*
Libraries
Churches*
Residential Care*
Accessory Buildings or Uses, clearly incidental to the permitted use or
building
Amateur Radio Antennas (up to 90 ft.)
Antenna & Towers less than 70 ft. in height & ancillary to principal use
Cellular & PCS Antenna*
Electric/Gas & Sanitary Services
Family Child Care Home*
Accessory Real Estate Office
Accessory Dwelling Unit
Agricultural Uses
Telephone & Telegraph Facilities
Private Residential Boating Facility
Special Fundraising for Non-Profit Organizations*
Evangelistic and Religious Assemblies not Conducted at a Church*
Residential Private Pier
Temporary Sign
Temporary Relocation Housing*
Uses Permitted w/Special Use Permit
Community Center
Adult Day Care
Child Day Care
Fraternities/Sororities, Residential
Elementary & Secondary Schools
Indoor Recreation Establishment
Outdoor Recreation Establishment
Senior Living: Assisted Living or Personal Care Facility
Electric Substation
Other Communication Facilities including Towers
Commercial Marina
Nursing Home/Rehabilitation Center
Cemeteries
Community Boating Facility
Recycling Facilities: Small Collection
Commentary:
Because the city and county do not have the same list of uses, the city’s permissions have been translated as closely as poss ible to the closest county term. In
addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permission s
include:
o Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The
reference for the supplemental standards will be provided on the table, which is the county’s current practice. Uses with a have additional standards in
the city and were shown with an asterisk on the initial district profile sheet. The applicable standards are covered by general site design stand ards in the
county and will be permitted without supplemental standards in the district.
o These uses and/or permissions are specific to the city code and are not proposed to be added to the county’s list of uses.
o This use is permitted by the city but is not historically allowed in zoning districts of this type in the county’s jurisdicti on. It will not be included in the
county RMF-MH district.
o While not included in the city’s MF-MH district, these uses are generally allowed in similar county districts with these levels of permission. They will be
allowed in the county’s RMF-MH district.
o These uses generally have different permissions in the county than they do in the city. In the NHC districts, permissions will be in-line with those of similar
districts.
o This use will be added to the county’s list of uses.
Allowed under Accessory
Buildings or Uses
Planning Board - April 4, 2019
ITEM: 2 - 7 - 2
04-04-2019 Text Change Public Hearing Version
RMF -H RESIDENTIAL MULTI -FAMILY HIGH DENSITY DISTRICT
ADAPTED FROM CITY OF WILMINGTON’S MF-H DISTRICT
INTENT STATEMENT
Proposed Intent Statement
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 REQUIREM ENTS
Current City of Wilmington Requirements
Minimum Lot Size 3,000 sf detached single family
15,000 sf multi-family
Maximum Density 15 units/acre detached single family
36 units/acre multi-family
Minimum Lot Width 40 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
80 ft. multi-family
Maximum Lot Coverage 50% detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
35% multi-family
Front Setback (minimum) 15 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
30 ft. multi-family
Rear Setback (minimum) 15 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
25 ft. multi-family
Interior Side Setback (minimum) 5 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
20 ft. multi-family
Corner Side Setback (minimum) 10 ft. detached single family
all attached single family,
(including duplexes, 3-unit, 4 –unit)
30 ft. multi-family
Maximum Height 96 ft.*
* Heights over 35 ft. subject to additional setbacks
Additional Setbacks for Buildings >35 ft. in Height
First 10 ft. above 35 ft. 4 additional ft. for each 10 ft.
increment, or portion thereof
10.1 to 30 ft. above 35 ft. 6 ft. for each 10 ft. increment
30.1 ft. or more above 35 ft. 8 ft. for each 10 ft. increment
Proposed NHC Requirements
Conventional Subdivision Lots (specifies minimum lot sizes)
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 (no minimum lot sizes, allows clustering)
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.
Commentary:
This district is based on Wilmington’s MF-H district and is intended for urban
mixed use places, especially those identified as nodes for targeted growth and
density.
The proposed intent statement is the same as the draft intent statement
presented at the Summer 2018 Planning Board Work Session.
Commentary:
Unlike the City of Wilmington, New Hanover County provides two subdivision options: conventional and performance. The City of Wilmington only allows
conventional subdivisions. In this type of residential development, lots must meet specific size requirements, and structures must meet specific setbacks.
Performance subdivisions do not have these standards—only a maximum density and building separation requirements—which allows for clustering, townhome-
style development, and condominium ownership.
The majority of current City of Wilmington lot requirements will be the same for lots subdivided under the county’s conventional subdivision standards. However, lot
size requirements have been added for duplexes and 3 and 4-unit attached buildings for clarity (same as single family minimum lot size per unit), and only the
maximum density of 36 units/acre is listed. The county does not outline maximum single family densities for conventional subdivisions, as that is generally
determined by open space requirements and the types of roadway infrastructure provided.
Under the county’s performance standards, the RMF-H district will allow a maximum density of 36 units per acre, the maximum density allowed in the city currently.
The perimeter setback and building separation standards are common for all performance projects.
While the city allows building heights up to 96 feet in this district, this is taller than recommended for community mixed use places in the 2016 Comprehensive Plan.
It recommends that buildings in this type of place be no more than 3 stories in height. The 45 ft. maxim um should allow for most building types and is based on the
City of Raleigh code, which includes both story and maximum height requirements.
After receiving feedback on initial profile sheets, the maximum lot coverage is not included in the proposed text amendment—NHC does not currently regulate
residential site development in this way, relying on lot setback requirements and subdivision stormwater standards.
Changes from 03-07-2019
Profile Sheets indicated with a
Planning Board - April 4, 2019
ITEM: 2 - 8 - 1
04-04-2019 Text Change Public Hearing Version
USE PERMISSIONS
Current City of Wilmington Permissions
Uses Permitted by Right
Dwellings, attached (including townhouses)
Dwellings, duplex, triplex, and quadraplex
Dwellings, multifamily
Dwellings, single-family detached
Golf courses, public or private, with related services
Parks and recreation areas, municipal
Recreation facility, neighborhood
Quad-unit apartment
Uses Permitted w/Additional Standards
Government uses outside public rights-of-way, except office uses, but
including buildings occupied or operated by federal, state, county and/or
municipal government on land owned or leased by a gove rnment body
Group home supportive, small
Group home supportive, medium
Group home supportive, large
Libraries
Religious institutions
Telecommunication facility, unattended
Utility stations and plants outside public rights-of-way that don’t create
excessive noise, odor, smoke, dust, and that do not possess other
objectionable characteristics
Property restricted real estate office
Family care home
Homestay lodging
Uses Permitted w/Special Use Permit
Community center
Day care, adult or child
Dormitory, private
Fraternity and sorority houses
Group day facility
Planned unit development
Recreation facility, private
Schools, primary and secondary
Assisted living residence
Permitted Accessory Uses & Structures
Accessory apartment, detached
Home occupation
Kennel, private
Swimming pool
Proposed NHC Permissions
Uses Permitted by Right
Single Family Dwelling
Duplex
Single Family Dwelling—Attached
Golf Courses
Parks & Recreation Area
Home Occupation
Government Offices and Buildings*
Group Home*
Libraries
Churches*
Residential Care*
Accessory Buildings or Uses, clearly incidental to the permitted use or
building
Amateur Radio Antennas (up to 90 ft.)
Antenna & Towers less than 70 ft. in height & ancillary to principal use
Cellular & PCS Antenna*
Electric/Gas & Sanitary Services
Family Child Care Home*
Accessory Real Estate Office
Accessory Dwelling Unit
Agricultural Uses
Telephone & Telegraph Facilities
Private Residential Boating Facility
Special Fundraising for Non-Profit Organizations*
Evangelistic and Religious Assemblies not Conducted at a Church*
Residential Private Pier
Temporary Sign
Temporary Relocation Housing*
Uses Permitted w/Special Use Permit
Community Center
Adult Day Care
Child Day Care
Fraternities/Sororities, Residential
Elementary & Secondary Schools
Indoor Recreation Establishment
Outdoor Recreation Establishment
Senior Living: Assisted Living or Personal Care Facility
Electric Substation
Other Communication Facilities including Towers
Commercial Marina
Nursing Home/Rehabilitation Center
Cemeteries
Community Boating Facility
Recycling Facilities: Small Collection
Commentary:
Because the city and county do not have the same list of uses, the city’s permissions have been translated as closely as possible to the closest county term. In
addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permission s
include:
o Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The
reference for the supplemental standards will be provided on the table, which is the county’s current practice . Uses with a have additional standards in
the city and were shown with an asterisk on the initial district profile sheet. The applicable standards are covered by gene ral site design standards in the
county and will be permitted without supplemental standards in the district.
o These uses and/or permissions are specific to the city code and are not proposed to be added to the county’s list of uses.
o This use is permitted by the city but is not historically allowed in zoning districts of this type in the co unty’s jurisdiction. It will not be included in the
county RMF-H district.
o While not included in the city’s MF-H district, these uses are generally allowed in similar county districts with these levels of permission. They will be
allowed in the county’s RMF-H district.
o These uses generally have different permissions in the county than they do in the city. In the NHC districts, permissions wi ll be in-line with those of similar
districts.
o This use will be added to the county’s list of uses.
Allowed under Accessory
Buildings or Uses
Planning Board - April 4, 2019
ITEM: 2 - 8 - 2
04-04-2019 Text Change Public Hearing Version
CB COMMUNITY BUSINES S DISTRICT ADAPTED FROM CITY OF WILMINGTON’S CB DISTRICT
INTENT STATEMENT
Proposed Intent Statement
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 a llow 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 REQUIREM ENTS
Current City of Wilmington Requirements
Minimum Lot Size ½ acre
Minimum Lot Width 80 ft.
Maximum Lot Coverage 30%
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.
Maximum Height 45 ft. *
Maximum Number of Stories 3
Maximum Floor Area per
Development Site
100,000 ft2
* For every foot of increased height of structures over 20 ft., interior side and rear
setbacks shall be increased at a 1:1 ratio where abutting a residential district
Proposed NHC 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.
Commentary:
The county currently has two business districts: B-1, which is intended for very small-scale uses at neighborhood nodes, and B-2, which is for auto-oriented uses
that serve the region. This district is based on Wilmington’s CB district and would provide a designated zone for mid-level business uses that serve multiple
neighborhoods and need to be located close to residential neighborhoods . This district would allow retail, offices, and services in stand-alone buildings no larger
than 60,000 ft2 in size (about the size of a grocery store).
The proposed intent statement is the same as the draft intent statement presented at the Summer 2018 Planning Board Work Session.
Commentary:
Most of the current City of Wilmington lot size, setback, and structure size requirements wil l be the same for the county’s CB district. The maximum lot coverage
standard is not included—NHC does not currently regulate site development in this way, relying instead on setback, landscaping, and buffering requirem ents.
After receiving feedback on initial profile sheets, the additional setback requirement for CB properties adjacent to residential lots is changed in the pro posed text
amendment. Unlike in the City of Wilmington, CB zoning in the county is likely to be applied for individual lots rather than large districts, increasing the chance that
the district will be immediately adjacent to residential properties. The 1:1 setback increase would constrain new developmen t under a CB designation, though this
district is intended to provide for commercial uses appropriate—and desirable—adjacent to residential neighborhoods. The proposed setbacks—typical for multi-
family and lower-intensity commercial districts in the city—will increase the likelihood of CB development but not sacrifice quality of life for nearby homes.
Changes from 03-07-2019
Profile Sheets indicated with a
Planning Board - April 4, 2019
ITEM: 2 - 9 - 1
04-04-2019 Text Change Public Hearing Version
USE PERMISSIONS
Current City of Wilmington Permissions
Uses Permitted by Right
Amusement and recreation services, indoor
Assembly hall
Banking services
Contractor, general or special trade with no outdoor storage
Convenience food stores
Funeral home and crematory
Gun sales, including repair
Laboratories, testing
Limited price variety stores less than 10,000 ft2
Liquor stores
Marinas
Motels and hotels
Movie theaters
Offices, medical
Offices, professional
Parks and recreation areas, municipal
Personal services
Post office
Residential hotels
Restaurants, standard
Restaurants, fast-food carry-out
Retail sales establishments
Schools, trade, correspondence and vocational
Spas and health clubs
Upholstery and furniture repair
Veterinary services with enclosed pens
Community Center
Recreation facility, private
Artists, commercial including silk screening
Furniture stores
Automobile parts and supply stores
Uses Permitted w/Additional Standards
Automotive services, except repair and towing service
Automobile renting and leasing
Auxiliary uses and wares
Bowling alleys and pool halls
Commercial parking lots
Governmental uses outside public rights-of-way, except offices
Group home supportive, large
Libraries
Mini-warehousing
Historic mixed-use buildings
Motion pictures production and distribution
Religions institutions
Residential uses as allowed in Commercial District Mixed Use
Residential unit contained within principal use
Service stations
Shopping centers
Skating rink, ice or roller
Telecommunication facilities, unattended
Tire dealers and service
Utility stations and plants outside public rights-of-way
Kennels, commercial boarders and breeders
Electronic gaming establishments
Day care, adult or child
Breweries, microbreweries
Artisan food and beverage producers
Homestay lodging
Whole-house lodging
Uses Permitted w/Special Use Permit
Assisted living residence
Group day facility
Group home supportive, small
Group home residential
Nursing homes
Communication facilities
Permitted Accessory Uses & Structures
Internal services facilities incidental to permitted uses
Shipping containers, permanent off-chassis
Proposed NHC Permissions
Uses Permitted by Right
Indoor Theater
Lodges, Fraternal, & Social Organizations
Banks, Credit Agencies, Savings & Loans
Business Services, including Printing
Special Trade & General Contractors with no Outside Storage
Convenience Food Store
Funeral Home
Laboratories, Testing
Commercial Marina
Hotels & Motels
Offices for Private Business & Professional Activities
Parks & Recreation Area
Barber/Beauty Shop
Personal Services
Watch, Clock, Jewelry Repair
Post Offices
Resort Hotel/Motel
Eating and Drinking Places
Retail Nurseries
Veterinaries
Community Center
Outdoor Recreation Establishments
Handcrafting Small Articles
Accessory Buildings or Uses, clearly incidental to the permitted use or building
Artisan Manufacturing*
Automobile Service Station*
Automobile Rentals*
Government Offices and Buildings*
Libraries*
Motion Pictures Production and Distribution
Churches*
Electrical Substation*
Kennels*
Electronic Gaming Operations*
Adult Day Care
Child Care Center
Indoor Recreation Establishments
Commercial Parking Lot
Landscaping Service*
General Merchandise Store*
Apparel & Accessory Store*
Drug Store*
Food Stores*
Furniture, Home Furnishing, & Equipment*
Hardware*
Neighborhood Drug Store*
Miscellaneous Retail*
Retail Nurseries*
Amateur Radio Antennas (up to 90 ft.)
Antenna & Towers less than 70 ft. in height & ancillary to principal use
Cellular & PCS Antennas*
Electric/Gas & Sanitary Services
Agricultural Uses
Telephone & Telegraph Facilities
Wholesale Nurseries & Greenhouses
Museums
Christmas Tree Sales*
Special Fundraising for Non-Profit Organizations*
Evangelistic and Religious Assemblies not Conducted in a Church*
Pumpkin Sales*
Recycling Facilities: Small collection*
Temporary Signs
Temporary Relocation Housing*
Uses Permitted w/Special Use Permit
Dwelling Unit Contained within Principal Unit
Senior Living: Assisted Living or Personal Care Facility
Group Home
Nursing Home/Rehabilitation Center
Family Child Care Home
Other Communication Facilities including Towers
Commentary:
Because the city and county do not have the same list of uses, the city’s permissions have been translated as closely as possible to the closest county term. In addition, the authorities and
historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permissions include:
o This use will be added to the county’s list of uses. (Commercial Parking Lot was accidentally left of Proposed NHC Permissions list on initial profile sheet.)
o These uses generally have different permissions in the county than they do in the city. In the NHC district, permissions will be in-line with those of similar districts.
o This use is permitted by the city but will not be included in the county CB district. (Due to concerns regarding potential impacts of Motion Pictures Production & Distribution,
this use is not included in the county CB district.)
o These uses and/or permissions are specific to the city code and are not proposed to be added to the county’s list of uses.
o This use is already allowed in the county but is not listed as a specific use.
o Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses, but they have supplemental standards in this district. The reference for the
supplemental standards will be provided on the table, which is the county’s current practice. Uses with a have additional standards in the city and were shown with an
asterisk on the initial district profile sheet. The applicable standards are covered by general site design standards in the county and will be permitted without supplemental
standards in the district.
o These uses are intended to have size requirements in order to meet intent of this district to provide for community-scaled businesses (no larger than 60,000 ft2). Grocery stores
would be allowed, but large format stores would be limited.
o These uses are generally allowed in county business districts but not the city code. They will be allowed in the county’s CB district.
Planning Board - April 4, 2019
ITEM: 2 - 9 - 2
04-04-2019 Text Amendment Public Hearing Version
CS COMMERCIAL SERVICES DISTRICT ADAPTED FROM CITY OF WILMINGTON’S C S DISTRICT
INTENT STATEMENT
Proposed Intent Statement
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 REQUIREM ENTS
Current City of Wilmington Requirements
Minimum Lot Area 7,500 ft2
Minimum Lot Width 65 ft.
Maximum Lot Coverage n/a
Front Setback (minimum) 35 ft.
Rear Setback (minimum) 15 ft. generally
25 ft. when abutting residential district
Interior Side Setback (minimum) 7 ft. generally
20 ft. when abutting residential district
Corner Side Setback (minimum) 35 ft.
Maximum Height 35 ft. *, **
* For every foot of increased height of structures over 20 ft., interior side and rear
setbacks shall be increased at a 1:1 ratio where abutting a residential district
** Building height may be increased when additional side and rear yards are
provided in accordance with the following standards. The maximum height of any
building shall be 96 ft.
Height of Building Above 35 ft. Additional Side and Rear Yard
First 10 ft. above 35 ft. 4 ft. for each 10-foot increment, or
portion thereof
10.1 to 30 ft. above 35 ft. 6 ft. for each 10-foot increment
30.1 or more above 35 ft. 8 ft. for each 10-foot increment
Proposed NHC 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 setback and bufferyard of 4 ft.
Commentary:
This district is modeled on the City of Wilmington’s Commercial Services district. It would provide a clear place for the necessary businesses that aren’t optimally
located near residential neighborhoods, sometimes referred to as “heavy commercial.” The uses in this district generally ser ve other businesses, such as
contractors or fleet services, and may require outside storage of materials and parking for fleet vehicles or equipment. Currently, these types of uses are allowed
in the B-2 district, which has limited its usefulness in the areas of the county with many residential neighborhoods. Providing a district specifically for these uses
could help transition the B-2 district into more of a regional business zone by providing an optional zoning designation for these uses in areas not as visible or
highly travelled as major roadway corridors.
The proposed intent statement is the same as the draft intent statement presented at the Summer 2018 Planning Board Work Session , except that it clarifies that
the primary intent of the district is to locate heavy commercial uses in areas other than major commercial corridors like Mar ket St. and S. Carolina Beach Rd.
Commentary:
All current City of Wilmington lot size requirements will be the same for the county’s C S district.
After receiving feedback on initial profile sheets, the requirements for street side setbacks is changed in the proposed text amendment. Unlike in the City of
Wilmington, CS zoning in the county is likely to be applied to individual lots rather than large districts , and the 35 ft. corner (or street) side setback may constraint
lots’ development potential to the point where the usefulness of a CS designation is limited. Instead, the current street side setbacks of the B -2 district are
proposed, as they have worked successfully in the county’s jurisdiction for uses similar to those allowed in this dist rict.
The height of structures in the county district will be limited to 40 ft. This is the current height limit for the county’s B -2 and Light Industrial districts, which allow
many of the same uses intended for the CS district.
After receiving feedback on initial profile sheets, the additional setback requirement for CS properties adjacent to residential lots is changed in th e proposed text
amendment. A 1:1 setback increase could constrain new development under a CS designation, but due to the uses allo wed in this district, the city’s base setbacks
could be increased to reduce potential effects on adjacent residential properties. The same setback minimums currently required in B-2, where many of the uses
proposed for CS currently are located, with the additional setback and bufferyard proposed for CB districts required for taller buildings.
Changes from 03-07-2019
Profile Sheets indicated with a
Planning Board - April 4, 2019
ITEM: 2 - 10 - 1
04-04-2019 Text Amendment Public Hearing Version
USE PERMISSIONS
Current City of Wilmington Permissions
Uses Permitted by Right
Amusement and recreation services, indoor
Artists, commercial including silk screening
Assembly hall
Automobile and truck dealers, new and used
Automobile care center
Automobile parts and supply store
Automobile renting and leasing
Automobile repair shops
Automotive services, except repair and towing
Banking services
Building materials dealers
Bus and taxi service
Business services
Carpet and upholstery cleaners (on customer’s premises)
Chimney and furnace cleaning
Clothing and other finished fabric products (SIC 23)
Contractors, general or special trade, with no outdoor storage
Community center
Contractor’s equipment and supply dealers and service, with no outdoor storage
Convenience food stores
Divers, commercial
Drive-in theater
Electric motor repair shop
Electrical and electronic machinery, equipment and supplies (SIC 3699)
Exterminating services, dwellings and other buildings
Fabricated metal products, except boiler shops, machinery and transportation
products; metal coating; engraving and allied services; metal forgings screw
machine products; steel, wire, and pip structural metal products; and ordnance
Fishing, commercial
Funeral home and crematory
Furniture and other home furnishings stores
Gun sales, including repair
Janitor services
Launders, industrial
Leather and leather products, excluding tanning
Liquor stores
Lumber and wood products, except furniture (SIC 24)
Manufactured housing dealers
Marinas
Measuring, analyzing and controlling instruments; photographic, medical and
optical goods; watches and clocks (SIC 38)
Motion pictures production and distribution
Motorcycle dealers
Movers, van lines and storage
Movie theaters, except drive-in
Nightclubs
Offices, medical
Offices, professional
Package delivery services, commercial
Parks and recreation areas, municipal
Personal services
Post office
Railroad facilities, including passenger and freight stations outside of railroad
rights-of-way
Recreational vehicles and utility trailer dealers
Repair shops
Research and development laboratories
Restaurant, fast-food carryout
Restaurant, standard (sit-down)
Retail sales establishments
Sales office, off premises, not retail
Schools, trade, correspondence, and vocational
Ship chandlers
Shipping brokers, freight and cargo, without storage
Small engine repair, except automotive
Upholstery and furniture repair
Used merchandise store, except automotive goods
Veterinary services with enclosed pens
Veterinary services with open pens
Water transportation
Welding repair
Recreational facility, private
Candy and other confectionary products, manufacturing, and warehousing (SIC
206)
Internal services facilities incidental to permitted uses
Proposed NHC Permissions
Uses Permitted by Right
Indoor Recreation Establishment
Handcrafting Small Articles
Indoor Theater
Lodges, Fraternal, & Social Organizations
Automobile Dealers & Truck Sales
Automobile Service Station
Automobile Rentals
Automobile/Boat Repair Sales
Banks, Credit Agencies, Savings & Loans
Business Services, including Printing
Building Material and Garden Supplies
Bus & Taxi Terminals
Special Trade Contractors*
Cut and Sew Apparel Manufacturing (NAICS 3152)
Apparel Accessories and Other Apparel Manufacturing (NAICS 3159)
Special Trade & General Contractors with no Outside Storage
Community Center
Equipment Rental & Leasing*
Convenience Food Store
Drive-In Theater
Commercial and Service Industry Machinery Manufacturing (NAICS 3333)
Engine, Turbine, and Power Transmission Equipment Manufacturing (NAICS 3336)
Other General Purpose Machinery Manufacturing (NAICS 3339)
Electric Lighting Equipment Manufacturing (NAICS 3351)
Other Electrical Equipment and Component Manufacturing (NAICS 3359)
Other Fabricated Metal Product Manufacturing (NAICS 3329) On next page—
requires Special Use Permit
Funeral Home
Furniture, Home Furnishing, & Equipment
Dry Cleaning/Laundry Plan
Footwear Manufacturing (NAICS 3162)
Other Leather and Allied Product Manufacturing (NAICS 3169)
Mobile Home Dealers & Prefabricated Buildings
Commercial Marina*
Industrial Machinery Manufacturing (NAICS 3332)
Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment
Manufacturing (NAICS 3334) On next page—requires Special Use Permit
Navigational, Measuring, Electromedical, and Control Instruments Manufacturing
(NAICS 3345)
Medical Equipment and Supplies Manufacturing (NAICS 3391)
Other Miscellaneous Manufacturing (NAICS 3399)
Motion Pictures Production and Distribution
Motor Freight Transportation Warehousing
Entertainment Establishments, Bars, Cabarets, Discos
Entertainment Establishments, Bars, Cabarets, in a Shopping Center
Offices for Private Business & Professional Activities
Parks & Recreation Areas
Barber/Beauty Shop
Personal Services
Watch, Clock, Jewelry Repair
Post Offices
Railroad Transportation
Research Facilities
Eating and Drinking Places
Apparel & Accessory Store
Drug Store
Food Stores
General Merchandise Stores
Hardware
Miscellaneous Retail
Neighborhood Drug Store
Retail Nurseries
Colleges, Universities, Professional Schools, & Technical Institutions
Repair Shop
Veterinaries
Kennels*
Water Transportation Facilities
Outdoor Recreation Establishments
Sugar and Confectionary Product Manufacturing (NAICS 3113)
Accessory Buildings or Uses, clearly incidental to the Permitted Use or Building
Commercial Parking Lot
Amateur Radio Antennas (up to 90 ft.)
Antenna & Towers less than 70 ft. in height
Cellular & PCS Antennas*
General Building Contractor*
General Contractors Other than Building*
Landscaping Contractors*
Special Trade Contractors*
Mini-Warehouses
Churches*
Dwelling Unit Contained within Principal Use*
Warehousing*
Wholesaling*
Wholesaling with No Outdoor Storage
Electronic Gaming Operations*
Artisan Manufacturing
(continued on next page)
Commentary:
Because the city and county do not have the same list of uses, the city’s permissions have
been translated as closely as possible to the closest county term. In addition, the authorities
and historic use permissions of the city and the county are not exactly the same. As a result,
some anticipated changes to permissions include:
o These uses and/or permissions are specific to the city code and are not proposed to be
added to the county’s list of uses.
o Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses,
but they have supplemental standards in this district. The reference for the
supplemental standards will be provided on the table, which is the county’s current
practice. Uses with a have additional standards in the city and were shown with an
asterisk on the initial district profile sheet. The applicable standards are covered by
general site design standards in the county and will be permitted without supplemental
standards in the district.
o This use will be added to the county’s list of uses as part of this amendment. Planning Board - April 4, 2019
ITEM: 2 - 10 - 2
04-04-2019 Text Amendment Public Hearing Version
Current City of Wilmington Permissions
Uses Permitted w/Additional Standards
Auxiliary uses and wares
Bowling alleys and pool halls
Commercial parking lots
Communication facilities
Contractor’s storage yard
Contractors, general or special trade with outdoor storage
Governmental uses outside public rights-of-way
Group home supportive, large
Group home supportive, medium
Kennel, commercial boarders and breeders
Mini-warehousing
Historic mixed-use buildings
Religious institutions
Residential unit contained within a primary use
Service stations
Shopping center
Skating rink, roller and ice
Telecommunication facility, unattended
Tire dealers and service
Utility stations and plants outside public rights-of-way (public and private) including
lift stations, substations, pump stations, etc.
Warehousing, general
Wholesale trade
Electronic gaming establishments
Brewers, small regional and microbreweries
Artisan food and beverage producers (defined as confectionaries, coffee roasteries,
etc.)
Uses Permitted w/Special Use Permit
Group day facility
Group home residential
Group home supportive, small
Permitted Accessory Uses & Structures
Internal services facilities incidental to permitted uses
Shipping containers, permanent off-chassis
Proposed NHC Permissions
Proposed NHC Uses Permitted by Right continued
Laboratories, testing
Agricultural Uses
Wholesale Nurseries & Greenhouses
Dry Stack Storage of Boats as a stand-alone warehouse
Dry Stack Storage of Boats as accessory to a marina
Recreational Vehicle and Boat Trailer Storage Lots
Electric/Gas & Sanitary Services
Electric Substations
Telephone & Telegraph Facilities
TV & Radio Broadcasting
Boat Dealers
Farm Implement Sales
Landscaping Service
Electrical Repair Shop
Septic Tank Vacuum Service
Christmas Tree Sales*
Circuses, Carnivals, Fairs & Side Shows of No More than 30 Days Duration per Year
Evangelistic and Religious Assemblies not Conducted in a Church*
Government Offices and Buildings
Pumpkin Sales*
Principal Use Sign
Special Fundraising for Non-Profit Organizations*
Temporary Sign
Recycling Facilities: Small Collection
Recycling Facilities: Large Collection
Temporary Relocation Housing*
Uses Permitted w/Special Use Permit
Group Home
Other Communication Facilities Including Towers
Textile Furnishings Mills (NAICS 3141)
Other Textile Product Mills (NAICS 3149)
Apparel Knitting Mills (NAICS 3151)
Sawmill and Wood Preservation (NAICS 3211)
Veneer, Plywood, and Engineered Wood Product Manufacturing (NAICS 3212)
Other Wood Product Manufacturing (NAICS 3219)
Other Fabricated Metal Product Manufacturing (NAICS 3329)
Ventilation, Heating, Air-Conditioning, and Commercial Refrigeration Equipment
Manufacturing (NAICS 3334)
Recycling Facilities: Processing
Recycling Facilities: Large Collection with Processing
Animal Food Manufacturing (NAICS 3111)
Grain and Oilseed Milling (NAICS 3112)
Fruit and Vegetable Preserving and Specialty Food Manufacturing (NAICS 3114)
Dairy Product Manufacturing (NAICS 3115)
Seafood Product Preparation and Packaging (NAICS 3117)
Bakeries and Tortilla Manufacturing (NAICS 3118)
Other Food Manufacturing (NAICS 3119)
Beverage Manufacturing (NAICS 3121)
Printing and Related Support Activities (NAICS 3231)
Cutlery and Handtool Manufacturing (NAICS 3322)
Hardware Manufacturing (NAICS 3325)
Spring and Wire Product Manufacturing (NAICS 3326)
Agriculture, Construction, and Mining Machinery Manufacturing (NAICS 3331)
Metalworking Machinery Manufacturing (NAICS 3335)
Computer and Peripheral Equipment Manufacturing (NAICS 3341)
Communications Equipment Manufacturing (NAICS 3342)
Audio and Video Equipment Manufacturing (NAICS 3343)
Semiconductor and Other Electronic Component Manufacturing (NAICS 3344)
Manufacturing and Reproducing Magnetic and Optical Media (NAICS 3346)
Household Appliance Manufacturing (NAICS 3352)
Electrical Equipment Manufacturing (NAICS 3353)
Household and Institutional Furniture and Kitchen Cabinet Manufacturing (NAICS
3371)
Office Furniture (including Fixtures) Manufacturing (NAICS 3372)
Other Furniture Related Product Manufacturing (NAICS 3379)
DISTR ICT SPECIFIC REQUIRE MENTS
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.
Commentary:
Because the city and county do not have the same list of uses, the city’s
permissions have been translated as closely as possible to the closest county
term. In addition, the authorities and historic use permissions of the city
and the county are not exactly the same. As a result, some anticipated
changes to permissions include:
o Uses with an asterisk* will be shown as permitted on the NHC
Table of Permitted Uses, but they have supplemental standards in
this district. The reference for the supplemental standards will be
provided on the table, which is the county’s current practice.
o This use will be added to the county’s list use as part of this
amendment.
o These uses and/or permissions are specific to the city code and are
not proposed to be added to the county’s list of uses.
o These uses generally require a special use permit in similar county
districts but not in the city. In the county’s CS district, they will
require an SUP. (Other Communication Facilities including
Towers and Other Fabricated Metal Product Manufacturing were
accidentally left off the initial profile sheet.)
o These uses are generally allowed in similar county districts with
these permit requirements. (Electric/Gas & Sanitary Services
and Electric Substations were accidentally left off the initial profile
sheet.)
Commentary:
This is the same site lighting standard required in the city’s CS district.
Planning Board - April 4, 2019
ITEM: 2 - 10 - 3
04-04-2019 Text Amendment Public Hearing Version
PD PLANNED DEVELOPME NT DISTRICT APRIL 2018 PROPOSED REVISIONS
INTENT STATEMENT
Proposed Intent Statement
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 g eneral 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.
DIMENSIONAL REQUIREM ENTS
Current Requirements
Minimum District Size 100 gross contiguous acres
(common ownership or joint petition)
Maximum Building Height 80 ft. (buildings located in Urban Mixed
Use, Community Mixed Use, or
Employment Center place types or along
collector, minor arterial, or principal
arterials)
40 ft. (residential, commercial, and
office and institutional structures located
elsewhere)
District Periphery Building Setback 20’ from district boundary
Setback from Pedestrian & Bicycle
Paths
10 ft.
Setback along US and NC Numbered
Highways and Major Thoroughfares
50 ft.
Building Encroachment into Proposed
Thoroughfare Rights-of-Way
0 ft.
Single-Family Residential Building
Separation (including accessory
structures) from Other Residences
10 ft.
Multi-Family Residential Building
Separation (including accessory
structures) from Any Other Building
20 ft.
Land Use Mixture 30% non-residential maximum
Fringe Use Area Requirements
Fringe Use Area Width 200 ft. when adjacent to residential
uses and/or platted residential lots
Use Restrictions Exterior 100’ residential uses only
Interior 100’ residential uses, rights-
of-way, stormwater utilities, and
active recreation areas
Maximum Building Height 35 ft.
Setback [Building Height] X 2.75 or 25 ft.
(whichever is greater)
Proposed Requirements
Minimum District Size 10 gross contiguous acres
(common ownership or joint petition)
Maximum Building Height 80 ft. (buildings located in Urban Mixed Use,
Community Mixed Use, or Employment Center
place types or along collector, minor arterial, or
principal arterials)
40 ft. (residential, commercial, and office and
institutional structures located elsewhere)
District Periphery Building
Setback
20’ from district boundary for residential uses
Industrial uses must meet I-1 setbacks
Commercial and office uses must meet CB
setbacks
Setback from Pedestrian &
Bicycle Paths
10 ft.
Setback along US and NC
Numbered Highways and
Major Thoroughfares
50 ft.
Building Encroachment into
Proposed Thoroughfare
Rights-of-Way
0 ft.
Single-Family Residential
Building Separation (including
accessory structures) from
Other Residences
10 ft.
Multi-Family Residential
Building Separation (including
accessory structures) from Any
Other Building
20 ft.
Land Use Mixture 30% non-residential maximum
Commentary:
At the August 2018 Planning Board work session, staff proposed amending the intent statement for the PD district to emphasize that the district allows design
flexibility not available in other districts and to remove language regarding district requirements for the provision of urban services and approval of a master land
use plan. This intent statement reflects those changes, and the requirements removed are included in the district standards.
Commentary:
At the August 2018 Planning Board work session, staff proposed reducing the minimum district size and fringe use area requirements.
o Reducing the size of the district minimum to 10 acres could increase the likelihood that PD will be used to create the types of mixed use developments
envisioned in the Comprehen sive Plan. Given the limited amount of large vacant tracts remaining in the county, the current 100 acre minimum limits the
usefulness of the district.
o The fringe use area requirement reduces the amount of a PD that can be used and is likely not needed. The same separation between commercial uses
and residential uses required in other districts would provide adequate buffers in this district as well.
NOTE: Other revisions (height standards, mix of use
requirements, density calculations, density bonus
structure, etc.) proposed at the August 2018 Planning
Board Work Session will be considered during the next
phase of revisions.
No changes from 03-07-2019 Profile Sheet
Planning Board - April 4, 2019
ITEM: 2 - 11 - 1
04-04-2019 Text Amendment Public Hearing Version
UMXZ URBAN MIXED USE ZONING DISTRICT ADAPTED FROM CITY OF WILMINGTON’S UMX DI STRICT
INTENT STATEMENT
Proposed Intent Statement
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 b uildings 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 REQUIREM ENTS
Current City of Wilmington Requirements (outside of 1945 corporate limits)
Minimum District Size 5 acres
Maximum Building Height Along arterial streets, 4 stories or 45 ft.*
Along residential & collector streets, 2 stories
or 35 ft.
Along arterial or internal collector streets, 5
stories or 55 ft. if structured parking is
provided within the project
Minimum Setback from
Single-Family Zoning Districts
35 ft. for buildings ≤ 35 ft. in height
45 ft. for buildings 36-45 ft. in height
45 ft. for buildings 46-55 ft. in height**
45 ft. for buildings 56-75 ft. in height**
Maximum Setbacks 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)
Maximum Dwelling Units per
Acre
15 single family
25 multi-family
n/a vertically integrated mixed-use building
*May be increased 75 ft. with the issuance of a special use permit or entry into a
development agreement
** Only applicable for properties along arterial or internal collector streets and
when structured parking is provided
Proposed NHC 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
Commentary:
Each of New Hanover County’s current mixed use districts—Riverfront Mixed Use, Exceptional Design Zoning (EDZD), and Planned Development—are intended for
very specific types of development. Riverfront Mixed Use projects are only allowed on properties along the Cape Fear River, EDZD allows a mix of uses in return for
more stringent development siting and design requirements, and Planned Development is intended for large, undeveloped parcels unde r common ownership. The
county does not have a zoning district where the mixing of uses is allowed and encouraged on smaller infil l lots or as part of a redevelopment. However, this type
of development is a major goal of the 2016 Comprehensive Plan. The City of Wilmington’s UMX district was originally developed to allow complementary infill and
redevelopment of the city’s South Side and was later applied to other properties throughout the city. Its focus on development form and consistency with plan -
envisioned development patterns could assist in creating the urban mixed use and community mixed use places depicted in the c ounty’s Future Land Use Map.
This district was not presented at the August 2018 Planning Board work session . Its inclusion in the recommended code changes is the result of continuing
conversations with community stakeholders.
To clarify that this district may be appropriate for properties not directly adjacent to City of Wilmington, the words “in proximity” replace the word “adjacent ” used
on the initial profile sheet presented in April 2019.
Commentary:
All current City of Wilmington standards will be the same for the county’s UMXZ district, except that the density is capped at 36 units/acre for vertically integrated
mixed-use buildings. This will ensure that projects remain consistent with the maximum density allowed in other county zoning districts. The deve lopment
agreement provision is also not provided, as it is not set up in the county’s zoning code.
As a note, this district can only be applied to a property as a conditional zoning district or with a conceptual plan. This will allow the Board of Commissioners to
determine whether the project is at an appropriate scale. Projects in co mmunity mixed use areas or with lower current development intensities would not
necessarily reach the height or density maximums allowed for within this district. It would be decided on a case -by-case basis.
Changes from 03-07-2019
Profile Sheet indicated with a
Planning Board - April 4, 2019
ITEM: 2 - 12 - 1
04-04-2019 Text Amendment Public Hearing Version
USE PERMISSIONS NOTE: THE CITY’S UMX DISTRICT PERMITS AL L USES, UNLESS SPECI FICALLY PROHIBITED O R LISTED AS A SPECIA L USE. WHILE THE
COUNTY USES A TABLE OF PERMITTED USES. AS A RESULT, THE USES LISTED BELO W ARE ORGANIZED DIFF ERENTLY.
Current City of Wilmington Permissions
Prohibited Uses
Adult establishments
Electronic gaming
Garbage collection, private
Gas companies
Manufactured home sales
Motor freight companies
Movers, van lines, and storage
Nightclubs
Uses Permitted w/Additional Standards
Auxiliary uses and wares
Communications facilities
Freestanding structured parking decks
Group home supportive, small, medium, large
Industrial uses in existing building
Utility stations and plants outside public rights-of-way, including lift stations,
substations, pump stations, etc.
Breweries, small regional and microbreweries
Artisan food and beverage producers
Proposed NHC Permissions
Uses Permitted by Right
Agricultural Uses
Kennels*
Veterinaries
Wholesale Nurseries & Greenhouses
Special Trade & General Contractors with no Outside Storage
Air Transportation
Bus & Taxi Terminals
Commercial Marina*
Dry Stack Storage of Boats as a stand-alone warehouse
Dry Stack Storage of Boats as accessory to a marina
Mini-Warehouses
Post Offices
Railroad Transportation
TV & Radio Broadcasting
Warehousing
Water Transportation Facilities
Wholesaling with No Outside Storage
Apparel & Accessory Store
Building Material & Garden Supplies
Convenience Food Store
Drug Store
Neighborhood Drug Store
Eating and Drinking Places
Farm Implement Sales
Food Stores
Fruit & Vegetable Stand Produced on Same Parcel as Offered for Sale
Furniture, Home Furnishing, & Equipment
General Merchandise Stores
Handcrafting Small Articles
Hardware
Landscaping Service
Miscellaneous Retail
Retail Nurseries
Banks, Credit Agencies, Savings & Loans
Barber/Beauty Shop
Bed and Breakfast Inn
Business Services including Printing
Drive-In Theater
Golf Courses
Hotels & Motels
Indoor Recreation Establishments
Outdoor Recreation Establishments
Indoor Theater
Parks & Recreation Areas
Personal Services
Resort Hotel/Motel
Watch, Clock, Jewelry Repair
Adult Day Care*
Child Care Center
Community Center
Family Child Care Home*
Hospitals
Nursing Home/Rehabilitation Center
Residential Care
Colleges, Universities, Professional Schools, & Technical Institutions
Elementary & Secondary Schools
Libraries
Museums
Churches
Labor Organizations
Lodges, Fraternal & Social Organizations
Fraternities/Sororities, Residential
Private Residential Boating Facility
Duplexes
Dwelling Unit Contained within Principal Use*
Government Offices & Buildings
Home Occupation
Offices for Private Business & Professional Activities
Research Facilities
Residential Private Pier
Senior Living: Active adult retirement community or Independent Living
Senior Living: Assisted Living or Personal Care Facility
Senior Living: Continuing Care Retirement Community or Life Care Community
Single Family Dwelling
Single Family Dwelling-Attached
Recycling Facilities: Small Collection*
Temporary Relocation Housing*
Antenna & Towers less than 70 ft. in height and ancillary to the principal use
Cellular & PCS Antennas*
Amateur Radio Antennas (up to 90 ft.)
Group Home *
Electric/Gas & Sanitary Services*
Electric Substations*
Telephone & Telegraph Facilities
Artisan Manufacturing (includes small-scale breweries)*
Laboratories, testing
Commercial Parking Lots
Research Laboratories Use not added to list at this time.
Motion Pictures Production and Distribution
Accessory Buildings or Uses, clearly incidental to the permitted use or building
Christmas Tree Sales*
Circuses, Carnivals, Fairs & Side Shows of no more than 30 days duration per year
Evangelistic and Religious Assemblies not Conducted at a Church*
Special Fund Raising for Non-Profit Organization*
Temporary Sign
Commentary:
Because the city lists prohibited uses instead of permitted uses, it can be difficult to
compare the permissions. In general, the uses prohibited by the city are also prohibited
by the county, but some differences in terms apply:
o The uses prohibited by the city and county include:
Adult Entertainment Establishments
Electronic Gaming Operations
Mobile Home Dealers & Prefabricated Buildings
Motor Freight Transportation Warehousing
Entertainment Establishments, Bars, Cabarets, Discos
Entertainment Establishments, Bars, Cabarets, in a Shopping Center
o Additional uses will not be allowed in the county UMXZ district since it is not
intended to apply primarily to previously developed industrial or heavy commercial
areas, like the city’s district. In general, these uses are ones only currently allowed in
industrial districts or that are not appropriate in a more dense, urban or community
setting:
Solar Power Farms
Junk Yards, Scrap Processing
Livestock Sales
Wholesaling (with outside storage)
Dry Cleaning/Laundry Plant
Electrical Repair Shop
Funeral Home
Demolition-Landscape Landfill
Camping, Travel Trailer Parks
Outdoor Shooting Ranges
Stables
Septic Tank Vacuum Service
Outdoor Advertising
Principal Use Sign
Automobile/Boat Repair Sales
Automobile Dealers & Truck Sales
Boat Dealers
Recreational Vehicles and Boat Trailer Storage Lots
Commercial Marina with Floating Structures
High Density Development (special use permit to allow greater residential density)
Manufactured Home
Manufactured Home, Doublewide
Manufactured Home Park
Manufactured Home Subdivision
Septage, Sludge Disposal
Recycling Facilities: Large Collection
Recycling Facilities: Processing
Recycling Facilities: Large Collection & Processing
All Manufacturing uses, except Artisan Manufacturing
All Intensive Manufacturing uses
The way the city’s and county’s terms are written require that these uses be included as
permitted or special uses in the county’s district.
Uses with an asterisk* will be shown as permitted on the NHC Table of Permitted Uses,
but they have supplemental standards in this district. The reference for the
supplemental standards will be provided on the table, which is the county’s current
practice.
These uses will be added to the county’s list of uses as part of this amendment.
Planning Board - April 4, 2019
ITEM: 2 - 12 - 2
04-04-2019 Text Amendment Public Hearing Version
Current City of Wilmington Permissions
Uses Permitted w/Special Use Permit
Automobile renting and leasing
Automotive services and towing services
Communication facilities
Contractor equipment or supply dealers and service
Contractor storage yard
Dormitories, private
Drive-through services
Group day facility
Industrial and manufacturing uses greater than 10,000 square feet
Motor vehicle dealers, including automobiles, boat dealers, motorcycles, recreational
vehicles, and utility trailers
Tire dealers and service
Group home residential
Proposed NHC Permissions
Uses Permitted w/Special Use Permit
Automobile Rentals
Automobile Service Station
Other Communication Facilities including Towers
Equipment Rental & Leasing
General Building Contractor
General Contractors other than Building
Landscaping Contractors
Special Trade Contractors
Cemeteries
Community Boating Facility
Commentary:
Because the city and county do not have the same list of uses, the city’s permissions have been translated as closely as possible to the closest county term. In
addition, the authorities and historic use permissions of the city and the county are not exactly the same. As a result, some anticipated changes to permission s
include:
o This use is permitted by the city but will not be included in the county CB district.
o These uses and/or permissions are specific to the city code and are not proposed to be added to the county’s list of uses.
o These uses are generally allowed in non-industrial county districts with these permit requirements.
Planning Board - April 4, 2019
ITEM: 2 - 12 - 3
04-04-2019 Text Amendment Public Hearing Version
DISTRICT SPECIFIC RE QUIREMENTS
Review Process
Processed as a condition district subject to a conceptual site plan review
Commentary: The city allows the UMX district to be processed either as a conditional district or a general rezoning subject to a
conceptual site plan. To clarify how this would work given current county processes, the UMXZ district is set up to process as a
conditional district, but explicit conceptual site plan requirements are outlined to ensure too much specificity is not required at the
rezoning stage. This will allow the boards the ability to review the mix or uses, heights, etc. of projects during considera tion of the
rezoning while supporting some flexibility.
Mix of Uses
A mix of both residential and nonresidential uses is required, but no specific percentage formula is outlined. The mix for each
project could be different and would be reviewed at the rezoning phase.
Commentary: This is the city’s current requirement for UMX projects outside the 1945 corporate limits.
Utility and Equipment Screening
-Equipment and fire escapes not allowed on building façades with street frontage.
-Through-wall mechanical units allowed on any façade if design and condensation drip system standards met.
-Equipment that can’t be located out-of-sight must be screened.
-TRC may approve alterations if criteria met.
Commentary: These are the city’s current requirements, but specific criteria is provided to guide TRC decisions.
Site Lighting
-Lighting must be located, shielded, etc. so no direct light is cast on adjacent properties and off-site backlighting and up-lighting is
minimized
-Light posts shall be no taller than 12 ft.
Commentary: These are the city’s current requirements.
Parking and Driveway Requirements
-Parking shall be provided in accordance with code’s general parking standards, though shared parking is allowe d subject to a
parking study.
-Surface parking lots must be located to side or rear of buildings and screened if visible from public right-of-way. TRC waivers
are provided for in cases where this is not consistent with existing corridor frontage pattern in 04-04-2019 draft.
-Parking should be accessed via alleyways wherever possible.
-Above-grade parking structures should be designed to relate to context of the area.
-Pervious pavement materials, vegetated bio-infiltration parking lot islands, or infiltration systems must be used to minimize run-
off to the extent that soil permeability, depth to groundwater, or site constraint s allow.
Commentary: The majority of the city’s current parking design standards will be included in the county’s UMXZ district. However,
district-specific parking minimums will not be outlined, including bicycle parking. Parking minimums and other lot design
standards will be considered during the targeted code updates that will be addressed in the next phases of this project.
General Site Design
-Multi-modal transportation opportunities such as defined pedestrian circulation, sidewalks, bicycle and pedestrian connectivity to
adjacent developments or existing or funded bike/ped facilities, and internal grid with 400 ft. maximum blocks are required
(though TRC may waive based on pre-defined criteria).
-Street trees at the rate of 1 tree per 30 ft. frontage will be required. NCDOT approval will be required for public rights-of-way.
-A minimum buffer of at least 20 ft. in width will be required adjacent to single-family residential zoning districts.
-Other buffering and streetyard requirements can be exempted upon approval of TRC when contextual design constraints dictate
or when other design and/or landscaping features meet the needs of the buffering or streetyard requirements.
-Trash containment areas shall be located within a building if possible or placed to rear and side and screened with an opaque
fence.
-Open wire fencing is prohibited, and front yard fences can be no taller than 4 feet.
Commentary: The majority of site design standards in the county’s UMXZ district are the same as the city’s U MX standards outside
the 1945 corporate limits. Some clarity regarding the criteria for TRC amendments and off-site bicycle and pedestrian facilities that
must be connected to is provided. In addition, encroachment agreements for balconies and door swing s are not specifically
required, as interior sidewalks and pedestrian ways within the county are unlikely to be publically owned and/or maintained.
Building Design
-Primary entrances should be distinct and oriented toward sidewalks along primary street frontages.
-Large expanses of flat, unadorned walls are prohibited, and façades must incorporate architectural details and periodic
transitions.
-Building façades exceeding 30 ft. in width along rights-of-way shall be divided into distinct areas utilizing methods such as offsets,
pilasters, change in materials, fenestration, etc. Transitions shall be no further apart than 2/3 of the height of the façad e.
-New building 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.
-Exterior building materials for all new nonresidential or multi-family 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.
Commentary: The majority of building design standards in the county’s UMXZ district are the same as the city’s UMX standards
outside of historic districts. The language of some standards is amended slightly to reflect that not all sidewalks and stre ets will
likely be publically owned and/or maintained and that UMXZ developments may not be located in already developed areas with a
common architectural context.
Planning Board - April 4, 2019
ITEM: 2 - 12 - 4