Article 3 - Zoning Districts_Updated_10-03-2022
Unified Development Ordinance | New Hanover County, NC 3-1
Article 3: Zoning Districts
Section 3.1. General
3.1.1. ZONING MAP AND INTERPRETATION
A. Official Zoning Map
The planning jurisdiction of New Hanover County is divided into zones, or districts,
as described in this UDO and shown on the Official Zoning District Map. The
Official Zoning District Map is adopted by reference into this UDO. The most
current Official Zoning District Map shall be maintained by the Planning and Land
Use Department in digital or printed records and is available for view on the New
Hanover County website. The Official Zoning District Map shall be the final
authority as to the current zoning status of land and water areas, buildings, and
other structures in the County.
B. Maintenance and Replacement of Official Zoning Map
The Official Zoning District Map shall be maintained and periodically updated by
the Planning and Land Use Department when district changes are approved in
accordance with procedures set forth in Article 10: Administrative Procedures.
Updates shall be produced in conjunction with Amendments to the Official Zoning
District map (see Section 10.3.2, Zoning Map Amendment, Section 10.3.3,
Conditional Zoning, and Section 10.3.4, Master Planned Development), or to
correct documented errors or omissions. The date of the most recent update shall
be identified on the public version of the Official Zoning District Map. All available
records pertaining to its adoption or amendment shall be preserved according to
the County’s standard archiving procedures.
C. Rules for Interpretation of District Boundaries
Where uncertainty exists as to the boundaries of zoning districts as shown on the
Official Zoning Distrait Map, the following rules shall apply:
1. Boundaries indicated as approximately following a street, alley, waterway,
or right-of-way shall be construed to be in the center of the street, alley,
waterway, or right-of-way, excepting water bodies not zoned by the
adjacent jurisdiction;
2. Boundaries indicated as approximately following the center lines of
streets or highways shall be construed to follow such center lines;
3. Boundaries indicated as approximately following the right-of-way of
streets or highways shall be construed as following such rights-of-way;
4. Boundaries indicated as approximately following the platted lot lines shall
be construed as following such lot lines;
5. Boundaries indicated as approximately following the County boundary
shall be construed as following such County boundary;
6. Boundaries indicated as approximately following town limits shall be
construed as following such town limits;
3-2 New Hanover County, NC | Unified Development Ordinance
7. Boundaries indicated as following railroad lines shall be construed to be
midway between the main tracks;
8. All areas within the jurisdiction of the County that are under water and are
not shown as included within any district shall be considered to be
included in the district immediately adjoining the water area and subject to
all its regulations. If the water area adjoins two or more districts, the
boundaries in each district shall be construed to extend into the water in a
straight line until they meet the boundaries of another district or the
jurisdictional limit;
9. Where physical or cultural features existing on the ground are at variance
with those shown on the Official Zoning District Map, or in other
circumstances not covered by subsection 1 through 8 above, the Board of
Adjustment shall interpret the district boundaries consistent with the intent
of the district or standards in question, and adopted plans or policies of
the County.
3.1.2. ESTABLISHMENT OF ZONING DISTRICTS
A. Zoning Districts
For the purposes of this UDO, portions of unincorporated New Hanover County are
hereby divided into the zoning districts identified in Table 3.1.2.A: Zoning Districts.
Table 3.1.2.A: Zoning Districts
Category District Abbreviation
Residential
Rural Agricultural RA
Airport Residential AR
Residential 20S R-20S
Residential 20 R-20
Residential 15 R-15
Residential 10 R-10
Residential Moderate Density R-7
Residential Moderate-High Density R-5
Residential Multi-Family Low Density RMF-L
Residential Multi-Family Moderate Density RMF-M
Residential Multi-Family Medium-High Density RMF-MH
Residential Multi-Family High Density RMF-H
Mixed Use
Urban Mixed Use Zoning UMXZ
Riverfront Mixed Use Planned Development RFMU
Exceptional Design Planned Development EDZD
General Planned Development PD
Commercial & Industrial
Neighborhood Business B-1
Community Business CB
Regional Business B-2
Office and Institutional O&I
Shopping Center SC
Commercial Services CS
Unified Development Ordinance | New Hanover County, NC 3-3
Table 3.1.2.A: Zoning Districts
Category District Abbreviation
Airport Commerce AC
Light Industrial I-1
Heavy Industrial I-2
Overlay and Special
Purpose
Special Highway Overlay SHOD
Water Supply Watershed Overlay WSW
Conditional Zoning Districts CZ
[05-03-2021]
3.1.3. SUPERSEDING DIMENSIONAL STANDARDS
Dimensional standards for each zoning district are in tabular format in this article.
Notes within each table provide additional details where necessary, and rules for
measuring dimensional standards are in Section 2.1, Measurements. The
dimensional standards in this article apply generally, but may be superseded by
other standards in this Ordinance, including but not limited to the standards
identified in this section.
A. Use-Specific Standards
Superseding dimensional standards are set forth for some uses in Article 4: Uses
and Use-Specific Standards.
B. Structural Appurtenances or Utility Structures
The height limitations contained in the table of dimensional standards for each
zoning district do not apply to antennas, water tanks, ventilators, chimneys, or
other appurtenances, which are usually required to be placed above the roof level
and not intended for human occupancy, or utility structures such as utility poles
and water towers. [10-03-2022]
C. Additional Standards in Certain Districts When Adjacent to Residential
Properties
[11-16-2020][11-01-2021]
1. Table 3.1.3.C.1: Interior Side and Rear Setbacks from Residential Properties,
establishes the setback requirements for structures in the B-1, CB, B-2, O&I,
AC, I-1, and I-2 districts from lot lines shared with abutting single-family or
duplex residential uses and/or platted lots located within a general residential
zoning district (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5). The setbacks
in Table 3.1.3.C.1 may be reduced in the AC, I-1, and I-2 Districts in
accordance with Section 5.4.3, Transitional Buffer Standards, but may not be
reduced below the absolute minimum setback specified in Table 3.1.3.C.1 (by
use of the language “in no case less than”).
3-4 New Hanover County, NC | Unified Development Ordinance
Table 3.1.3.C.1: Interior Side and Rear Setbacks from Residential Properties
Zoning
District
Residential Uses and Platted Lots Nonresidential Uses in a
Residential District Side (Interior) Setback Rear Setback
B-1 25 ft. 30 ft.
20 ft.
CB 20 ft. 25 ft.
B-2 30 ft. 35 ft.
O&I 25 ft. 30 ft.
AC 45 ft., in no case less than 35 ft. 50 ft., in no case less than 40 ft.
I-1 50 ft., in no case less than 35 ft. 50 ft., in no case less than 40 ft.
I-2 100 ft., in no case less than 40
ft.
100 ft., in no case less than 45
ft.
[11-16-2020][11-01-2021]
2. Table 3.1.3.C.2: Additional Standards for Taller Structures, establishes
options for mitigation of taller structures required for lot lines shared with
adjacent general residential (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5)
districts for structure heights indicated in the district’s dimensional standards.
Setbacks or stepbacks shall be measured from the shared property line
unless the two parcels are separated by open space associated with the
adjacent residential subdivision. In such instances, the setback or stepback
shall be measured from the residential property line.
Unified Development Ordinance | New Hanover County, NC 3-5
Table 3.1.3.C.2: Additional Standards for Taller Structures
Option 1: Structure Setback
Zoning
District
Adjacent Residential Use or Subdivision in
General Residential District*
Abutting Multi-Family Dwelling or
Undeveloped in General Residential District
RMF-L
RMF-M
RMF-MH
4 story structures: 100 ft. 4 story structures: 75 ft.
RMF-H 5 story structures: 125 ft. 5 story structures: 94 ft.
CB Structures >40 ft. tall: 30 ft. Structures >40 ft. tall: 25 ft.
B-2
O&I
I-1
2 ft. setback for every 1 ft. in height OR
• Structures 51-63 ft. tall: 126 ft.
• Structures 64-75 ft. tall: 150 ft.
• Structures 76-88 ft. tall: 176 ft.
• Structures 89-100 ft. tall: 200 ft.
• Structures 101-113 ft. tall: 226 ft.
• Structures 114-125 ft. tall: 250 ft.
1 ft. setback for every 1 ft. in height OR
• Structures 51-63 ft. tall: 63 ft.
• Structures 64-75 ft. tall: 75 ft.
• Structures 76-88 ft. tall: 88 ft.
• Structures 89-100 ft. tall: 100 ft.
• Structures 101-113 ft. tall: 113 ft.
• Structures 114-125 ft. tall: 125 ft.
Option 2: Architectural Stepback
Zoning
District
Abutting Residential Use or Subdivision in
General Residential District*
Abutting Multi-Family Dwelling or
Undeveloped in General Residential District
RMF-L
RMF-M
RMF-MH
Portions of structures with 4 stories: 100 ft. Portions of structures with 4 stories: 75 ft.
RMF-H Portions of structures with 4 stories: 100 ft.
Portions of structures with 5 stories: 125 ft.
Portions of structures with 4 stories: 75 ft.
Portions of structures with 5 stories: 94 ft.
CB Portions of structures over 40 ft. tall: 30 ft. Portions of structures over 40 ft. tall: 25 ft.
B-2
O&I
I-1
Taller portions of building stepped back 2 ft. for
every 1 ft. in height OR
• Portions of structures 51-63 ft. tall: 126 ft.
• Portions of structures 64-75 ft. tall: 150 ft.
• Portions of structures 76-88 ft. tall: 176 ft.
• Portions of structures 89-100 ft. tall: 200 ft.
• Portions of structures 101-113 ft. tall: 226 ft.
• Portions of structures 114-125 ft. tall: 250 ft.
Taller portions of building stepped back 1 ft. for every
1 ft. in height OR
• Portions of structures 51-63 ft. tall: 63 ft.
• Portions of structures 64-75 ft. tall: 75 ft.
• Portions of structures 76-88 ft. tall: 88 ft.
• Portions of structures 89-100 ft. tall: 100 ft.
• Portions of structures 101-113 ft. tall: 113 ft.
• Portions of structures 114-125 ft. tall: 125 ft.
Option 3: Mitigation Outlined in Conditional Zoning District Approval
Conditional zoning district outlines technique(s) to mitigate impacts of taller buildings (i.e., site design, architectural
design)
* Excluding lots with multi-family dwellings. [11-01-2021]
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D. Performance Residential Development
Performance Residential Developments are not subject to the minimum lot size,
minimum lot width, and front, rear, and side setback requirements in the zoning
district where they are located. Performance Residential Developments shall
comply with the standards in this section and with all other applicable standards in
this Ordinance.
1. Setbacks and Spacing
a. Buildings on the periphery of a Performance Residential Development
shall setback a minimum of 20 feet from the adjoining property line.
b. In the Residential Multi-family (RMF) districts, the minimum setback
from adjoining property lines shared with abutting single-family or
duplex residential uses and/or platted lots located within a general
residential (RA, AR, R-20, R-20S, R-15, R-10, R-7, or R-5) zoning
district will be 30 feet for any multi-family or nonresidential structure
over 2 stories in height. [11-01-2021]
c. Multi-family dwelling units shall be spaced a minimum of 20 feet from
any part of another dwelling unit. All other dwelling types shall be
spaced a minimum of 10 feet from each other. [11-16-2020, 10-03-2022]
2. Density
a. In calculating the density for a proposed Performance Residential
Development, the areas in subsections 1 and 2 shall first be
subtracted from the gross area of land to be committed to
development. In lieu of subtracting Dorovan, Johnston, and Pamlico
soils, the developer may choose to preserve 100 percent of such
areas as conservation space in accordance with Section 5.7,
Conservation Resources:
1. All natural lakes, ponds, rivers, or marshes; and,
2. All areas of Class IV soils as defined in A Classification of Soils in
New Hanover County for Septic Tank Suitability. All calculations
shall be rounded to the nearest whole unit.
b. The density of clustered residential units shall not exceed 2.5 units
per net tract acre in areas classified Rural Residential place type,
Conservation place type, AE or VE special flood hazard areas, or
CAMA Estuarine Areas of Environmental Concern, except in the
areas of the site outside of the AE or VE special flood hazard areas or
CAMA Estuarine Areas of Environmental Concern, provided:
1. The number of units in the AE or VE special flood hazard areas or
CAMA Estuarine Areas of Environmental Concern shall be
reduced by an equal amount;
2. No areas designated as AE or VE special flood hazard areas,
CAMA Estuarine Areas of Environmental Concern, Rural
Residential place type, or Conservation place type shall have a
residential density that exceeds 2.5 units per acre; and
Unified Development Ordinance | New Hanover County, NC 3-7
3. The overall density of the project shall not exceed the limits
specified in the respective residential zoning districts.
c. The density of clustered residential units shall not exceed 2.5 units
per net tract acre in areas classified Conservation, Rural, or Resource
Protection in the Wilmington - New Hanover Land-Use Plan, except in
Resource Protection or Rural areas, provided:
1. The number of units in the Conservation area shall be reduced by
an equal amount;
2. No portion of the project classified conservation shall have a
residential density that exceeds 2.5 units per acre;
3. The overall density of the project shall not exceed the limits
specified in the respective residential zoning districts.
d. For the purposes of subsection c above, the conservation area shall
include all lands following their natural topography that are at or below
the 100 year flood elevation as shown on the Flood Insurance Rate
Map and upland of any marsh line.
e. Any land designated as open space may be used in calculating the
density for a proposed development subject to the provisions of
Section 5.8: Open Space Requirements.
3. Drainage Plan
A drainage plan pursuant to Section 6.3.3.E, Surface Water Drainage,
shall be submitted to the County Engineer for approval.
4. Water and Sewage Disposal
Water supply and sewage disposal facilities shall be approved by the
County and appropriate local or state agency in accordance with Section
6.3.3.C, Sewage Disposal and Water Supply.
5. Open Space
Open space set-aside provisions are outlined in Section 5.8, Open Space
Requirements. [11-16-2020]
6. Private Streets
Private streets will be permitted in Performance Residential
Developments; however, dedication of public streets and utility
easements may be required if such are indicated on the official plans as
adopted by New Hanover County or any municipality therein or if it is
determined by the County Planning Board that such public streets or
easements are necessary.
7. Homeowners Association
A homeowners association meeting the following requirements shall be
established:
3-8 New Hanover County, NC | Unified Development Ordinance
a. When a plat or map is to be recorded, the maps or plat shall contain a
Certificate indicating the book and page number of the homeowners
association covenants, conditions and restrictions;
b. Responsibilities for maintenance of private streets, open space,
recreation facilities, and other common areas shall be specified;
c. Responsibilities for exterior maintenance of attached dwelling units
shall be specified; and
d. The Association shall be authorized to rebuild damaged or destroyed
portions of structures containing attached dwelling units when the
individual owner fails to do so.
8. Performance Residential Development Approval
[05-03-2021]
a. An application for a Performance Residential Development shall be
submitted and reviewed as a major subdivision application in
accordance with Section 10.3.7, Subdivision, provided, an applicant
may submit a major site plan application in accordance with Section
10.3.6, Site Plan, prior to submittal of a preliminary plan application in
accordance with subsection 2 below.
b. If the proposed Performance Residential Development includes more
than 150 dwelling units, the applicant may seek approval of a major
site plan in accordance with Section 10.3.6, Site Plan, as modified by
subsections a through c below, prior to submittal of a preliminary plan
application.
1. The applicant shall include a statement in the application that the
applicant seeks a vested right in accordance with N.C.G.S. §
160D-108.
2. The TRC shall review the major site plan application and make a
recommendation to the Planning Board based on 10.3.6.F, Site
Plan Review Standards.
3. The Planning Board shall provide notice for and conduct a public
hearing on the requested vested right in accordance with the
requirements in N.C.G.S. § 160D-108.1, and shall make a
decision on the application in accordance with 10.3.6.F, Site Plan
Review Standards. [05-03-2021]
c. If the Planning Board approves a major site plan in accordance with
subsection b above, a vested right shall be established which shall
confer upon the applicant the right to develop the total number of
dwelling units approved, and the general type (single-family detached
or attached, townhouses, apartments, patio homes, etc.) of units
approved, in accordance with the approved site plan, for a period of
five years. The following shall not vest, but shall be presumed to be
valid in the review of subsequent preliminary plan applications,
subject to engineering and environmental considerations:
1. The location of collector roads;
2. The general location and density of the various types of dwellings.
Unified Development Ordinance | New Hanover County, NC 3-9
d. Revisions for Performance Residential developments shall be
reviewed the same as an original submittal. Such revisions shall be
limited to those areas still owned by the developer. Density
calculations shall not include land areas already platted and/or sold.
E. Additional Dwelling Allowance
Development is permitted up to the maximum densities set forth in Section
3.1.3.E.1, Site Capacity, subject to approval of a special use permit in the R-20, R-
15, R-10, and O&I districts, and in a Planned Development (PD) District in
accordance with the applicable MPD Master Plan and MPD Terms and Conditions
document, provided the development complies with the standards in this section
(3.1.3.E).
1. Site Capacity
a. Site capacity for any proposed additional dwelling allowance is equal
to the base site area multiplied by the density factor outlined below.
The purpose of this section is to determine the extent to which a site
may be used given its location and physical characteristics.
b. Base site area shall be determined by subtracting the acreage of the
following features from the gross site area as determined by an actual
on-site survey of the parcel:
1. Water bodies and other areas below mean high water line, if
tidally influenced, or below mean water line, if non-tidally
influenced;
2. Land used as open space in prior residential development(s); and
3. Land used for commercial, office and institutional, and light
industrial purposes in a PD district.
c. The maximum number of dwelling units that may be built shall be
determined by multiplying the base site area by the appropriate
density factor in Table
Table 3.1.3.E.1.c: Density Factor by Zoning District
District Density Factor
R-20 4.25 units/acre
R-15 10.2 units/acre
R-10 17 units/acre
PD 4.25 units/acre
OI 10.2 units/acre
d. Residential units shall not be clustered at a density greater than 2.5
units per base site acre in the AE or VE special flood hazard areas or
CAMA Estuarine Areas of Environmental Concern.
3-10 New Hanover County, NC | Unified Development Ordinance
2. Location and Access
a. Developments allowed an additional dwelling allowance shall be
located on a parcel of land that is either totally or primarily in,
contiguous to, or within 250 feet of, the boundary of areas classified
as Employment Center, Urban Mixed Use, or Community Mixed Use
place types in the Comprehensive Plan.
b. The development shall have direct access to and from an existing
major or minor arterial as indicated on the most recent officially
adopted Wilmington MPO Functional Classification Map. This direct
access requirement will be satisfied if:
1. One or more property boundary lines is contiguous with and
utilizes access to and from an existing major or minor arterial; or
2. The development accesses an existing major or minor arterial
roadway by a NCDOT-maintained public street, or by a private
street designed and constructed in accordance with the County’s
minimum standards for a collector road. [05-03-2021]
c. All interior drives shall be designed so as to provide adequate access
for emergency service vehicles.
3. Required Open Space and Improved Recreational Land
[11-16-2020]
a. Minimum Requirements
1. Table 3.1.3.E.3.a.1: Required Minimum Open Space, establishes
the minimum amounts of the gross site area that shall be set aside
as open in accordance with the standards of Section 5.8, Open
Space Requirements.
Table 3.1.3.E.3.a.1: Required Minimum Open Space for
Projects with Additional Dwelling Unit Special Use Permit
District Minimum Open Space [1]
R-20 50%
R-15 35%
R-10 20%
GPD 35%
O&I 35%
NOTES:
[1] As a percentage of the base site area.
[11-16-2020]
2. If the development shall consist of detached single family units on
subdivided lots no less than 6,000 square feet, however, the
above minimum amounts for open space or improved recreational
land may be reduced by one-half.
Unified Development Ordinance | New Hanover County, NC 3-11
4. District Improvement Requirements
Minimum improvements set forth in Table 3.1.3.E.4: Required Minimum
District Improvements, shall be required to be constructed in accordance
with the standards set by the county or appropriate local or state agency.
Table 3.1.3.E.4: Required Minimum District Improvements
District Public or
Community
Sewer
Public or
Community
Water
Underground
Storm
Drainage
Curb and
Gutter
Maximum
Impervious
Surface Ratio
for Gross Site
Area
R-20 Yes Yes No No .30
R-15, O&I Yes Yes Yes No .40
R-10 Yes Yes Yes Yes .50
GPD Yes Yes No No .40
5. Setbacks
a. The required minimum setback for developments with an Additional
Dwelling Allowance shall not be less than 25 feet.
b. When such projects are located and adjacent to any existing detached
residential development (not including Mobile Home Parks, other
developments with an Additional Dwelling Allowance or High Density
Development special use permit, or General Planned Development
districts), structures over 25 feet in height shall be setback a distance
equal to the height of the structure.
c. Multi-family dwelling units shall be spaced a minimum of 20 feet from
any part of another dwelling unit. All other dwelling units shall be
spaced a minimum of 10 feet from each other. [11-16-2020]
6. Other Development Standards
a. Buffer strips shall be required in accordance with Section 5.4,
Landscaping and Buffering.
b. Parking shall be provided in accordance with Section 5.1, Parking and
Loading.
c. Signs shall be in accordance with Section 5.6, Signs.
d. Sewage disposal facilities shall be in accordance with the
requirements for utility lines and facilities outlined in Section 4.3.3.I,
Utilities.
7. Homeowners Association
A homeowners association meeting the following requirements shall be
established:
3-12 New Hanover County, NC | Unified Development Ordinance
a. When a plat or map is to be recorded, the maps or plat shall contain a
Certificate indicating the book and page number of the homeowners
association covenants, conditions and restrictions;
b. Responsibilities for maintenance of private streets, open space,
recreation facilities, and other common areas shall be specified;
c. Responsibilities for exterior maintenance of attached dwelling units
shall be specified; and
d. The Association shall be authorized to rebuild damaged or destroyed
portions of structures containing attached dwelling units when the
individual owner fails to do so.
8. Submittal and Review Requirements
a. When a development proposal is submitted under this section, it shall
be reviewed in accordance with the same standards as established in
this ordinance for subdivisions even if the project does not involve the
subdivision of land. The Technical Review Committee shall review
such plans in addition to board approval of the special use permit.
b. A site plan conforming to the requirements of Section 10.3.6, Site
Plan, shall be submitted and shall include the approximate delineation
of Corps of Engineers Section 404 and Section 10 wetlands.
c. A drainage plan pursuant to Article 6: Subdivision Design and
Improvements, and the County’s Stormwater Management Ordinance
shall be submitted.
d. Revisions for development plans with an Additional Dwelling
Allowance shall be reviewed the same as an original submittal in
accordance with the site plan requirements. Such revisions shall be
limited to those areas still owned by the developer. Density
calculations shall not include land areas already platted and/or sold.
F. Special Density Exception for Pre-Existing Utility Parcels
a. This exception applies in all residential districts.
b. For parcels within older subdivisions where water, septic or other
utilities were provided privately in the original development, and where
public services are now available to free those utility parcels from their
original purposes, a special exception may allow for the development
of those parcels formerly dedicated to a community service other than
recreation. All of the following conditions and limitations must be in
evidence in order to be granted a special exception under this section:
1. The major residential subdivision must have been approved and
the final plat recorded prior to July 7, 2002;
2. One or more of the parcels on the recorded final plat was
designated for private well site(s), communal septic drain field(s),
or other utility parcel necessary to serve the original subdivision
and the acreage of the parcel was included in calculating the
allowable density for the subdivision;
Unified Development Ordinance | New Hanover County, NC 3-13
3. The parcel meets the minimum requirements of this ordinance;
and
4. The accommodation of those services or utilities has been
otherwise met by public providers since the subdivision was
developed.
c. If all the conditions and limitations listed above are met, the former
utility parcel(s) may be converted to building lot(s) within the
subdivision subject to the following requirements:
1. The density approved for the original subdivision may not be
increased by special exception more than a total of three
additional dwelling units in any eligible subdivision.
2. Utility parcels shown on the final subdivision plat during the period
of eligibility may not be further divided for the purposes of adding
dwelling units.
3. Public water and sewer services must be readily available to serve
the entire subdivision.
4. Each lot must front on a dedicated street right-of-way.
5. No part of any parcel considered for special exception shall have
been designated open space or recreational space for the
approved subdivision which they served.
6. Development of any lot subject to this exception must be of a
character consistent with the scale and design of pre-existing
development in the neighborhood.
7. All lots are subject to conservation resources regulations and may
be ineligible for this special exception based upon inability to meet
those standards.
d. Special exceptions are not allowed in the following situations:
1. Any subdivision for which the courts have established a specified
density.
2. Parcels located in a special flood hazard area.
3. When development of new lot(s) is inconsistent with the
Comprehensive Plan.
e. Approval of a special density exception shall be an administrative
decision made in conformance with the standards outlined in Section
10.3.8: Zoning Compliance Approval.
G. Special Purpose Utility Lots
Special purpose utility lots that do not meet the minimum district dimensional
standards may be approved by the Planning Director, or other applicable approval
authority, under the following circumstances:
1. The use of the Special Purpose Utility Lot shall be limited to the following
uses as defined in this ordinance: Electric Substation; Communications and
Infrastructure uses; and General Utility Lines, Structures, and/or Facilities.
3-14 New Hanover County, NC | Unified Development Ordinance
2. The use is allowed in the zoning district subject to the principal use
permissions of Table 4.2.1: Principal Use Table.
3. The use meets any applicable use-specific and general development
standards required by this ordinance and all other applicable codes. [03-21-
2022]
Unified Development Ordinance | New Hanover County, NC 3-15
Section 3.2. Residential Zoning Districts
3.2.1. INTENT
The residential zoning districts are intended to:
A. Provide appropriately located areas for residential development that are consistent
with the adopted New Hanover County Comprehensive Plan and with the public
health, safety, and general welfare;
B. Ensure adequate light, air, and privacy for all dwelling units;
C. Protect the scale and character of existing residential neighborhoods and the
community; and
D. Establish standards and dimensions for the creation of a variety of housing types;
E. Protect residential districts from flooding and other adverse environmental impacts;
F. Provide for the public services and facilities needed to serve residential
development;
G. Provide for safe and efficient vehicular and pedestrian access and circulation.
3.2.2. ESTABLISHED RESIDENTIAL ZONING DISTRICTS
The residential base zoning districts established by this UDO are identified in Table
3.2.2: Established Residential Zoning Districts
Table 3.2.2: Established Residential Zoning Districts
Category District Abbreviation
Residential
Rural Agricultural RA
Airport Residential AR
Residential 20S R-20S
Residential 20 R-20
Residential 15 R-15
Residential 10 R-10
Residential Moderate Density R-7
Residential Moderate-High Density R-5
Residential Multi-Family Low Density RMF-L
Residential Multi-Family Moderate Density RMF-M
Residential Multi-Family Medium-High Density RMF-MH
Residential Multi-Family High Density RMF-H
3-16 New Hanover County, NC | Unified Development Ordinance
3.2.3. RESIDENTIAL DISTRICT SPECIFIC STANDARDS
A. Storage of Inoperative Motor Vehicles and Boats
a. It shall be unlawful for any person to store, keep, or maintain more
than one inoperative motor vehicle in any residential district.
b. It shall be unlawful for any person to store, keep, or maintain more
than one visibly inoperative, wrecked, or dismantled boat outside of
an enclosed accessory structure in any residential district. [10-03-2022]
B. Non-Residential Off-Street Parking
Non-residential off-street parking shall be permitted in residential districts provided
with a special use permit issued in accordance with Section 10.3.5: Special Use
Permit:
a. The sites shall be used solely for ground level parking in conjunction
with the principal use as opposed to paid parking lots, loading
facilities, etc.
b. Access to the site shall be limited through the principal use site, shall
be prohibited through residential areas, and shall be placed within the
common boundary with the principal use.
c. The site shall be adjacent to the principal use site for at least a
minimum distance of 25 feet.
d. No point of the proposed parking site shall be further than 200 feet
from any and all points of the non-residential zoning district boundary,
not including any intervening street right-of-way.
e. The site shall be located no closer than 50 feet from any street right-
of-way other than that to which the principal use is adjacent.
f. The site shall be located within the same parcel or group of parcels
under the same ownership as the principal use.
g. A minimum buffer of 10 feet shall be provided in accordance with
provisions of Section 5.4.3: Transitional Buffer.
h. Lighting requirements, as outlined for non-residential uses, outlined in
Section 5.5: Exterior Lighting, shall be met.
Unified Development Ordinance | New Hanover County, NC 3-14
3.2.4. RURAL AGRICULTURAL (RA) DISTRICT
A. Purpose
The purpose of the Rural Agricultural (RA) District is to:
• Allow very low density single family residential development that is compatible in scale and
character to rural and agricultural settings;
• Encourage rural farming activities and the preservation of open space; and
• Preserve the rural areas and development patterns of New Hanover County through the
continued review of the impact of proposed development.
The district is designed to promote exurban, low density residential development not requiring
public infrastructure or services while maintaining prime farm land and a rural lifestyle.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-16-2020]
Standard All Uses
Lot area, minimum (square feet)* 30,000
1 Lot width, minimum (feet)* 115
2 Front setback (feet)* 40
3 Side setback, street (feet)* 30
4 Side setback, interior (feet)* 20
5 Rear setback (feet)* 30
Density, maximum (dwelling units/acre)** 1
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-15
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4
4
5
5
2
2
3
1
1
3-16 New Hanover County, NC | Unified Development Ordinance
3.2.5. AIRPORT RESIDENTIAL (AR) DISTRICT
A. Purpose
The Airport Residential (AR) District is established for the purpose of limiting the development of land
within the vicinity of Wilmington International Airport to low density residential development. In
promoting the general purpose of this district, its specific intent is to:
• Minimize airport hazards by limiting dense residential development;
• Prohibit the development of places of assembly such as schools, hospitals, rest homes or
other uses that tend to concentrate large numbers of people;
• Promote the health, safety, and general welfare of County residents by preventing the
establishment of hazards to airport activities by safeguarding the lives and property of both
the users of the airport and nearby residents; and
• Prevent destruction or impairment of the utility of the airport and the public’s investment in it.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-16-2020]
Standard All Uses
Lot area, minimum (square feet) 43,560
1 Lot width, minimum (feet) 100
2 Front setback (feet) 25
3 Side setback, street (feet) 30
4 Side setback, interior (feet) 20
5 Rear setback (feet) 30
6 Building height, maximum (feet)* 40
* Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet. All structures are subject to the height limits specified in Section 5.10, Airport Height
Restriction.
Unified Development Ordinance | New Hanover County, NC 3-17
E. Other District Standards
1. Lighting
a. Any pulsating, flashing, rotating, oscillating, or other type of light
intended as an attention-getting device shall be expressly prohibited.
b. Flood lights, spot lights, or other lighting devices shall be arranged or
shielded so as not to cast illumination in an upward direction above an
imaginary line extended from the light source parallel to the ground.
2. Radio and Electronic
a. Any radio or electronic device shall be permitted only in conjunction
with a valid license or other authorization as may be issued by the
Federal Communications Commission (FCC).
b. Any radio or electronic device, the operation of which would violate
any rules or regulations of the FCC is prohibited.
3. Visual Hazards
Any operation or use that emits smoke, dust, or creates glare or other
visual hazards is prohibited.
4
4
5
5
2
2
3
1
1
3-18 New Hanover County, NC | Unified Development Ordinance
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-20 New Hanover County, NC | Unified Development Ordinance
3.2.6. RESIDENTIAL 20S (R-20S)
A. Purpose
The purpose of the R-20S Residential (R-20S) District is provide lands to accommodate primarily very
low density single-family development. The intent of the district regulations are to allow development
that is compatible with the preservation of the district’s very low density single-family character, while
accommodating residential opportunities for those who desire an exurban, low-density lifestyle.
District residents should be willing to assume the costs of providing many of their own services and
amenities while maximizing the protection of resources and the conservation of open space.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-16-2020]
Standard All Uses
Lot area, minimum (square feet) 20,000
1 Lot width, minimum (feet) 90
2 Front setback (feet) 30
3 Side setback, street (feet) 22.5
4 Side setback, interior (feet) 15
5 Rear setback (feet) 25
Building height, maximum (feet)* 40
* Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-21
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4
4
5
5
2
2
3
1
1
3-22 New Hanover County, NC | Unified Development Ordinance
3.2.7. RESIDENTIAL 20 (R-20) DISTRICT
A. Purpose
The purpose of the Residential-20 (R-20) District is provide lands that accommodate primarily very
low density residential development and recreational uses. District regulations discourage
development that substantially interferes with the quiet residential and recreational nature of the
district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-16-2020], [05-03-2021]
Standard Single Family Detached Duplex
Lot area, minimum (square feet)* 20,000 35,000
1 Lot width, minimum (feet)* 90 90
2 Front setback (feet)* 30 30
3 Side setback, street (feet)* 22.5 22.5
4 Side setback, interior (feet)* 15 15
5 Rear setback (feet)* 25 25
Density, maximum (dwelling units/acre)** 1.9
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-23
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4
5
5
4
2
2
3
1
1
3-24 New Hanover County, NC | Unified Development Ordinance
3.2.8. RESIDENTIAL 15 (R-15) DISTRICT
A. Purpose
The purpose of the Residential-15 (R-15) District is established to provide lands that accommodate
very low to low density residential development that can serve as a transition between very low
density residential development patterns and smaller lot, more dense residential areas of the County.
District regulations discourage development that substantially interferes with the quiet residential and
recreational nature of the district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-16-2020]
Standard Single Family
Detached Duplex
Lot area, minimum (square feet)* 15,000 25,000
1 Lot width, minimum (feet)* 80 80
2 Front setback (feet)* 25 25
3 Side setback, street (feet)* 15 15
4 Side setback, interior (feet)* 10 10
5 Rear setback (feet)* 20 20
Density, maximum (dwelling units/acre)** 2.5
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-25
E. Other District Standards
Any lot in any subdivision platted and recorded prior to May 3, 1976 shall not be more than ten
percent less than the minimum lot area and minimum lot width established within the R-15 district,
provided said lots are served by a community water system.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4 5
5 4
2
2
1
1 3
3-26 New Hanover County, NC | Unified Development Ordinance
3.2.9. RESIDENTIAL 10 (R-10) DISTRICT
A. Purpose
The purpose of the Residential-10 (R-10) District is to provide lands that accommodate new
residential neighborhoods and encourage the conservation of existing residential lots and
neighborhoods. Neighborhoods in the R-10 District are relatively low density in character and include
a limited mix of single family and duplex housing types. If public water is not available, the water
system infrastructure must be installed in accordance with County standards and connected when a
public supply becomes available. R-10 district lands may be established in proximity to
neighborhood or community commercial districts to encourage the establishment of walkable
development patterns.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard Single Family Detached Duplex
Lot area, minimum (square feet)* 10,000 15,000
1 Lot width, minimum (feet)* 70 70
2 Front yard, minimum (feet)* 25 25
3 Street side yard, minimum (feet)* 12.5 12.5
4 Interior side yard, minimum (feet)* 5 5
5 Rear yard, minimum (feet)* 20 20
Density, maximum (dwelling units/acre)** 3.3
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-27
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
4
5
4
2
2
3
1
1
5
3-28 New Hanover County, NC | Unified Development Ordinance
3.2.10. RESIDENTIAL 7 (R-7) DISTRICT
A. Purpose
The purpose of the Residential-7 (R-7) District is to provide lands that accommodate moderate
density residential development with a range of housing types (and income levels, including quality
affordable housing), that are located walkable distances to jobs, shopping, and entertainment, and
where appropriate, serve as a transition between more intensive and lower density areas. Residential
development at the scale allowed in the district should support the efficient delivery of public services
and increase residents’ accessibility to employment, public transportation, and shopping.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-16-2020]
Standard All Uses
Lot area, minimum (square feet)* 7,000
1 Lot width, minimum (feet)* 50
2 Front setback (feet)* 25
3 Side setback, street (feet)* 12.5
4 Side setback, interior (feet)* 8
5 Rear setback (feet)* 20
Density, maximum (dwelling units/acre)** 6
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-29
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1 2
2
3
5
5
4
4
3-30 New Hanover County, NC | Unified Development Ordinance
3.2.11. RESIDENTIAL MODERATE-HIGH DENSITY (R-5) DISTRICT
A. Purpose
The purpose of the Residential Moderate-High Density (R-5) District is to provide lands that
accommodate moderate to high density residential development on smaller lots with a compact and
walkable development pattern. The R-5 district allows a range of housing types and can be developed
in conjunction with a non-residential district to create a vertical mixed-use development pattern as
well as serve as a transition between mixed-use or commercial development and low to moderate
density residential development.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-16-2020]
Standard Single Family Detached Duplex Triplex Quadraplex
Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500
1 Lot width, minimum (feet)* 50
2 Front setback (feet)* 20
3 Side setback, street (feet)* 10.5
4 Side setback, interior (feet)* 7
5 Rear setback (feet)* 15
Density, maximum (dwelling units/acre)** 8
Building height, maximum (feet)*** 40
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
*** Structures elevated on open foundations consisting of piers, posts, columns or piles shall have a maximum
height of 44 feet.
Unified Development Ordinance | New Hanover County, NC 3-31
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
4
3-32 New Hanover County, NC | Unified Development Ordinance
3.2.12. RESIDENTIAL MULTI-FAMILY LOW DENSITY (RMF-L) DISTRICT
A. Purpose
The purpose of the Residential-Multi-Family Low Density (RMF-L) District is provide lands that
accommodate moderate density single family and low density multi-family development of varying
types and designs. The intent is that the RMF-L district will provide options for alternative housing
types near or in direct relationship to single-family detached development.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-16-2020][11-01-2021]
Standard Single Family Detached Duplex Triplex Quadraplex Multi-Family
Lot area, minimum (square
feet)* 5,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 50 100
2 Front setback (feet)* 20 35
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 1 to 2 stories: 20
3 stories: 25
5 Rear setback (feet)* 15 1 to 2 stories: 25
3 stories: 30
Density, maximum (dwelling
units/acre) 10
Building height, maximum 3 stories
Additional height allowance
4 stories
See Section 3.1.3.C for standards when adjacent to residential
properties
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
Unified Development Ordinance | New Hanover County, NC 3-33
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
4
3-34 New Hanover County, NC | Unified Development Ordinance
3.2.13. RESIDENTIAL MULTI-FAMILY MODERATE DENSITY (RMF-M) DISTRICT
A. Purpose
The purpose of the Residential Multi-Family Moderate Density (RMF-M) District is to provide lands
that accommodate moderate density single-family and multi-family development. The intent of the
RMF-M district is to function as a transitional district between intensive nonresidential development
and higher density residential areas. The district is designed to provide a reasonable range of choice,
type, and location of housing units.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-16-2020][11-01-2021]
Standard
Single
Family
Detached
Duplex Triplex Quadraplex Multi-Family
Lot area, minimum (square feet)* 5,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 50 100
2 Front setback (feet)* 20 35
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5 1 to 2 stories: 20
3 stories: 25
5 Rear setback (feet)* 15 1 to 2 stories: 25
3 stories: 30
Density, maximum (dwelling
units/acre) 17
Building height, maximum 3 stories
Additional height allowance
4 stories
See Section 3.1.3.C for standards when adjacent to residential
properties
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
Unified Development Ordinance | New Hanover County, NC 3-35
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
4
3-36 New Hanover County, NC | Unified Development Ordinance
3.2.14. RESIDENTIAL MULTI-FAMILY MEDIUM-HIGH DENSITY (RMF-MH) DISTRICT
A. Purpose
The purpose of the Residential Multi-Family Medium High Density (RMF-MH) District is to
accommodate lands for medium to high density residential development of varying types and designs,
with emphasis on midrise structures, near suburban shopping centers and employment centers. The
district is intended to function as a transition between intensive nonresidential development and lower
density residential development.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-16-2020][11-01-2021]
Standard
Single
Family
Detached
Duplex Triplex Quadraplex Multi-Family
Lot area, minimum (square feet)* 4,000 7,500 12,500 17,500 20,000
1 Lot width, minimum (feet)* 40 90
2 Front setback (feet)* 15 30
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5
1 to 2 stories: 20
3 stories: 25
4 stories: 30
5 Rear setback (feet)* 15
1 to 2 stories: 25
3 stories: 30
4 stories: 35
Density, maximum (dwelling
units/acre) 25
Building height, maximum
4 stories
See Section 3.1.3.C for standards when adjacent to residential
properties
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
Unified Development Ordinance | New Hanover County, NC 3-37
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
4
3-38 New Hanover County, NC | Unified Development Ordinance
3.2.15. RESIDENTIAL MULTI-FAMILY HIGH DENSITY (RMF-H) DISTRICT
A. Purpose
The purpose of the Residential Multi-Family High Density (RMF-H) District is to provide lands 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.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-16-2020][11-01-2021]
Standard Single Family Detached Duplex Triplex Quadraplex Multi-Family
Lot area, minimum (square
feet)* 3,000 6,000 9,000 12,000 15,000
1 Lot width, minimum (feet)* 40 80
2 Front setback (feet)* 15 30
3 Side setback, street (feet)* 10 30
4 Side setback, interior (feet)* 5
1 to 2 stories: 20
3 stories: 25
4 stories: 30
5 Rear setback (feet)* 15
1 to 2 stories: 25
3 stories: 30
4 stories: 35
Density (maximum dwelling
units/acre) 36
Building height, maximum
4 stories
See Section 3.1.3.C for standards when adjacent to residential
properties
Additional height allowance,
maximum
5 stories when approved as part of a conditional zoning district
See Section 3.1.3.C for standards when adjacent to residential
properties
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
Unified Development Ordinance | New Hanover County, NC 3-39
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2
3
5
5
4
4
Unified Development Ordinance | New Hanover County, NC 3-41
Section 3.3. Mixed Use Zoning Districts
3.3.1. INTENT
The mixed use zoning districts are intended to:
A. Implement the range of mixed-use development patterns recommended in the New
Hanover County Comprehensive Plan;
B. Concentrate higher intensity commercial and office employment growth efficiently in
and around the centers of community activity, provide accessibility, and maximize
public infrastructure investment;
C. Encourage mixed use redevelopment, conversion, and reuse of aging and
underutilized areas and increase the efficient use of land in the unincorporated
County;
D. Promote higher density residential development near and within traditional main
street corridors and growth nodes identified for the unincorporated County;
E. Encourage the creation of public and civic spaces for the use and enjoyment of
County residents and visitors; and
F. Support the development of complete communities where residents are able to
conveniently access basic goods and services, civic and cultural resources, and
recreational opportunities.
3.3.2. ESTABLISHED MIXED USE ZONING DISTRICTS
The mixed use zoning districts established by this UDO are identified in Table 3.4.2:
Established Mixed Use Zoning Districts.
Table 3.4.2: Mixed Use Zoning Districts
Category District Abbreviation
Mixed Use
Urban Mixed Use Zoning UMXZ
Riverfront Mixed Use Planned Development RFMU
Exceptional Design Planned Development EDZD
General Planned Development PD
3.3.3. GENERAL REQUIREMENTS FOR MIXED USE ZONING DISTRICTS
The requirements in this section (3.3.3) apply to all mixed use zoning districts.
A. MPD Master Plan
As set forth in Section 10.3.4, Master Planned Development, an MPD Master Plan
is a required component in the establishment of a planned development district.
The MPD Master Plan shall depict the general configuration and relationship of the
principal elements of the proposed development, including uses, general building
types, density/intensity, resource protection, pedestrian and vehicular circulation,
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open space, public facilities, and phasing. Specific requirements for MPD Master
Plans and any required accompanying information are set forth for each Mixed Use
zoning district in the Administrative Manual.
B. MPD Terms and Conditions Document
As set forth in Section 10.3.4, Master Planned Development, an MPD Terms and
Conditions document is a required component in the establishment of a planned
development district. The MPD Terms and Conditions document shall incorporate
by reference or include, but not be limited to:
1. Conditions related to approval of the application for the planned
development zoning district classification;
2. The MPD Master Plan, including any density/intensity standards,
dimensional standards, and development standards established in the
MPD Master Plan;
3. Conditions related to the approval of the MPD Master Plan, including any
conditions related to the form and design of development shown in the
MPD Master Plan;
4. Provisions addressing how transportation, potable water, wastewater,
stormwater management, and other infrastructure will be provided to
accommodate the proposed development;
5. Provisions related to environmental protection and monitoring; and
6. Any other provisions the Board of Commissioners determines are
relevant and necessary to the development of the planned development
in accordance with applicable standards and regulations.
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3.3.4. URBAN MIXED USE ZONING (UMXZ)
A. Purpose
The Urban Mixed Use Zoning (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:
• To encourage the efficient mixed use development pattern envisioned in the
Comprehensive Plan;
• To result in quality design and a variety of built forms of lasting value that result in a
pedestrian scale;
• To provide a mix of housing options;
• To promote and enhance transportation options, particularly those that are pedestrian-
oriented, while reducing demand for automobile trips; and
• 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.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards. All UMXZ projects shall include a mix of both
residential and nonresidential uses.
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D. District Dimensional Standards [11-01-2021]
Standard All Uses
Minimum district size (acres) 5*
Setbacks
Minimum distance from single family
residential zoning districts
35 feet for buildings ≤ 35 feet in height
45 feet for buildings > 35 feet in height
1 Maximum distance from any street
(feet) 10**
Maximum single family residential
density (dwelling units/acre) 15
Maximum multi-family residential
density (dwelling units/acre) 25
Maximum vertically integrated mixed-
use building density (dwelling
units/acre)
36
Building height, maximum Established in MPD Master Plan in accordance with
Section 3.3.3.A, MPD Master Plan
*5 acres shall be contiguous or separated only by an easement, right-of-way, or street. [10-03-2022]
**Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement
where an existing easement or significant natural feature exists.
1
1
1
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E. Reference to Other Standards
1. 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.
c. Utility meters, transformers, and fixed trash disposal receptacles that
cannot be located out of sign 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 consideration of the structure and
the intent of visual minimization of the feature is otherwise addressed.
2. Site Lighting
All site lighting shall be located, angled, shielded, and/or limited in
intensity so as to case no direct light upon adjacent properties, shall
minimize off-site backlighting glare, and up-lighting. Light posts shall be
no taller than 12 feet.
3. Parking and Driveway Requirements
a. Parking shall be provided in accordance with the requirements of
Section 5.1: Parking and Loading, though 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 of 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 walks, 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 feet 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
Unified Development Ordinance | New Hanover County, NC 3-47
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.
4. Multi-Modal Transportation Opportunities
a. 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.
b. Bicycle and/or pedestrian connectivity to adjacent development or
existing or funded bicycle and pedestrian facilities.
c. 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 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.
d. 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 abuts streams, ponds, or wetlands or when contextual design
constraints dictate, as determined by the TRC.
e. An internal grid street pattern is required. Block faces within the grid
pattern shall not exceed 400 feet 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.
5. Street Trees
Street tree plantings in below-grade planters or planting strips shall be
included at the rate of one 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.
6. Buffers and Streetyards
All development within the UMXZ district may be exempted from required
buffers and streetyard requirements, as approved by the TRC 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.
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7. Trash Containment Screening
a. Trash containment areas shall be located within a building where
possible.
b. 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 TRC. The enclosure shall be at least
one foot taller than the highest point of the trash receptacle. Chain
link and exposed concrete blocks are prohibited.
8. 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.
9. Building Design
a. Primary building entrances should be clearly distinctive from other
entrances. Primary building entrances shall be oriented toward
sidewalks along primary street frontages.
b. Large expanses of flat, unadorned walls are prohibited. Façades shall
incorporate architectural details, particularly at the pedestrian level.
Building façades along rights-of-way shall incorporate periodic
transitions across the façade. Building façades exceeding 30 feet in
width along rights-of-way shall be divided into distinct areas utilizing
methods including, but not limited to, façade offsets, pilasters,
changes in materials, or fenestration. Transitions shall be no further
apart than 2/3 of the height of the building.
c. 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 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.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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3.3.5. RIVERFRONT MIXED USE (RFMU) PLANNED DEVELOPMENT DISTRICT
A. Purpose
The Cape Fear River is one of the County’s and the region’s most valuable natural
resources and is the focal point of activity in downtown Wilmington. The purpose of the
Riverfront Mixed Use (RFMU) District is to provide lands that:
• Enhance and preserve environmentally sensitive areas along the river;
• Protect public access to the river through the creation of quality public spaces;
• Preserve cultural and natural resources;
• Ensure quality design and a variety of built forms that result in a pedestrian scale
as well as a compelling skyline;
• Promote and enhance transit options, particularly pedestrian and water-oriented
transportation options;
• Provide an opportunity for intensive development consistent with the urban form;
and
• Encourage a mix of uses that fosters a sense of community and create a
destination for residents and visitors alike.
B. Use Standards
1. Mix of Uses
a. All RFMU developments must contain uses from at least two of the
following categories:
1. Residential;
2. Office;
3. Commercial;
4. Institutional, quasi-public, public; and
5. Entertainment and lodging.
b. The total floor area of any RFMU development shall constitute no less
than five percent of non-residential uses.
c. Single-story structures shall not exceed 25 percent of the gross
building footprint of all buildings within any RFMU development.
d. All buildings greater than 35 feet in height must incorporate more than
one use.
e. All buildings with riverfront and right-of-way facing facades shall
incorporate non-residential uses on no less than 50 percent of the
ground floor. Parking shall not be used to satisfy any part of this
requirement.
f. The requirements for mix of uses may be waived by the Technical
Review Committee (TRC) for projects of exceptional design or merit.
Unified Development Ordinance | New Hanover County, NC 3-51
2. Principal Uses
All uses in this list shall be considered permitted uses within the RFMU
district. Ground floor non-residential uses should encourage a lively
pedestrian experience by offering a diversity of uses which utilize multiple
storefronts and engaging public spaces. Uses from the category of “adult
establishments” are prohibited. Uses are categorized based on similar
impacts and to ensure diversity of uses.
a. Residential category:
1. Family care homes;
2. Group home supportive; and
3. Single family dwelling, attached.
b. Office category:
1. Banking services, without drive-through;
2. Offices, Medical; and
3. Offices, Professional.
c. Commercial category:
1. Convenience food store, without gasoline sales;
2. Farmers’ market;
3. Grocery store less than 40,000 square feet;
4. Marina, with or without fueling facilities;
5. Night club (night clubs shall not abut an existing place of worship
or be within 1,500 feet of existing residential uses or districts;
6. The following personal service establishments are permitted:
i. Beauty salon;
ii. Barber shop;
iii. Clothing alterations; and
iv. Laundry, Laundromat services, and drop off dry cleaning only;
7. Photography studio;
8. Recreation facilities: private indoor or outdoor;
9. Restaurant without drive-through windows;
10. Retail sales establishment less than 40,000 square feet;
11. Ship chandler; and
12. Spas and health club.
d. Institutional, quasi-public use, or public use category. The following
uses shall not be accessed from or face riverfront facades:
1. Adult day care and child day care center;
2. Clubs, lodges and recreation facilities;
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3. Government facility, not to include correctional or operational
facilities;
4. Nursing and personal care by special use permit;
5. Religious institution; and
6. Retirement center and life care community by special use permit.
e. Entertainment and lodging category:
1. Amphitheater, located within 1,320 feet of a facility that provides
public parking with the capacity to accommodate 100 percent of
required parking;
2. Aquarium, located within 1,320 feet of a facility that provides
public parking with the capacity to accommodate 100 percent of
required parking;
3. Art gallery/studio;
4. Cultural arts center including theaters;
5. Hotels and motels, except that hotels and motels do not satisfy the
“non-residential” requirement;
6. Meeting and events centers;
7. Movie theaters; and
8. Museum.
3. Supporting Uses
The uses listed below are considered supporting uses to the required
categories. While the following uses are allowed by right, they shall not
count towards the minimum required mix of uses. Even though the
development may contain one or more of the following uses, it must still
include at least two of the five categories (residential, office, commercial,
institutional/quasi-public/public, entertainment and lodging) listed above.
a. Accessory buildings;
b. Accessory and auxiliary uses;
c. Commercial parking facility, provided the requirements of 3.3.5.D.10,
Parking, are met;
d. Helipads, rooftop only; and
e. Public park, playground and associated facilities.
Unified Development Ordinance | New Hanover County, NC 3-53
C. District Dimensional Standards
Standard All Uses
Maximum lot coverage(percent) 50
Minimum residential unit size (square
feet)
750
Distance from public rights-of-way and
private streets (feet)
16
Distance from Cape Fear River Must be in compliance with NC Division of Coastal
Management buffer rules
Minimum setback, for structures abutting
residentially zoned land or lot with
residential development (excluding
those separated by public right-of-way)
For buildings less than 50 feet in height, equal to
building height
For buildings 50 feet in height or greater, 50 feet
Building height, maximum (feet) 150, not including up to 60 feet utilized for structured
parking
75, within the height restriction overlay area directly
across from the Wilmington Historic District
Building height performance bonus Additional 30 feet in height allowed if dedication of
private land area for public use is greater than the
required 10% minimum
Additional 15 feet in height for every 5% of additional
permanently designated open space
D. Other District Standards
1. Riverfront Access
a. RFMU designation is available only to parcels of land fronting the
Cape Fear and Northeast Cape Fear Rivers east of Highway 421
between the Holmes Bridge and Cape Fear Memorial Bridge in
unincorporated New Hanover County.
b. All development shall have direct access to navigable waters.
c. Pedestrian access shall be provided in intervals of no greater than
one access for every 200 linear feet of shoreline.
d. A minimum of one pedestrian access shall be provided.
e. Public access across the property, between the river’s edge and the
public right-of-way, private street, or a structure running parallel with
the river’s edge, shall be provided at a minimum width of 10 feet, and
shall meet ADA Design Standards. The public access shall be
established by an easement or other property interest approved by
the County Attorney.
f. All development shall dedicate the land necessary to provide for the
construction of a continuous and contiguous public riverwalk along the
river’s edge for a length defined by the development’s boundaries
adjacent to the riverfront.
g. A riverwalk should be intensively activated with ground level retail
activities and landscaping, and be designed with a series of public
spaces to accentuate the pedestrian experience.
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h. Riverfront facilities shall provide multi-modal transportation
opportunities, including public boating, walking, bicycling, and public
bus or water taxi uses, and the facilities necessary for such uses.
i. Private dock space shall not restrict public access to the riverwalk.
j. The riverwalk shall be designed to accommodate future connections
to adjacent parcels.
2. Common Spaces
a. Plazas, courtyards, riverwalks, and other areas are necessary to
provide for public gathering and interaction.
b. Amenities are required, such as benches, planters, lighting, fountains,
art, and landscaping that furthers the design theme of the project and
encourage interaction.
c. Each development in the RFMU district shall contain a minimum of
10% functional public space, in addition to a riverwalk. Right-of-way,
other than street sidewalks, may be included within the public space
calculations only if the right-of-way serves a primarily pedestrian
function.
d. Public spaces shall be pedestrian-oriented and shall shape the design
and character of the project through a connecting system of
pedestrian areas that create a relationship among the various
components of the built environment. The pedestrian spaces shall
include features such as landscaping, gardens, benches, artwork,
sculpture, and water features to improve their appeal. These spaces
shall also provide a pleasant gathering space for transit users. Public
space areas shall provide adequate amenities for comfort and
convenience such as seating, lighting, directional signage, bicycle
racks, drinking fountains, shelters, trash receptacles, or public
restrooms.
e. To ensure that public spaces are well used, they shall be visible,
easily accessible by the public, and barrier free with multiple points of
entry from public areas (streets, sidewalks, walkways, the riverwalk,
and bike paths). Public spaces shall be oriented to maximize
exposure to the water and scenic views. Streets perpendicular to the
river shoreline shall be designated as landscaped corridors that
terminate with pedestrian access to the river.
f. Public spaces may be either natural or recreational. “Natural” public
spaces are intended to protect natural resources, protect water
quality, and provide habitat for wildlife. “Recreational” public spaces
are intended to provide active or passive recreation opportunities.
Public spaces shall have linkages that reinforce pedestrian
movement. Merchandise and eating areas shall be designed to be
contiguous with public spaces and pedestrian ways.
g. Plants used in landscaping areas shall be native species of the
highest quality, and be of sufficient quantity and scale to make a
visual impact. Plantings shall be selected and located so that their
functional and aesthetic qualities can be maximized. Public spaces
Unified Development Ordinance | New Hanover County, NC 3-55
shall provide areas shaded by trees and/or structures. Small-scale
stormwater treatment shall be integrated into the landscaping,
whenever possible, including recessed landscaped areas with curb
openings or sloped curbs to serve as rain gardens or bio infiltration
areas. Restoration of wetland vegetation is encouraged along the
riverfront.
h. Sites of historic interest or sites providing an opportunity and context
for historical interpretation along the riverfront shall be incorporated
into public space areas and appropriately commemorated and marked
with interpretive signage.
i. Development in the district shall integrate artwork into public space
settings wherever possible. Artwork may consist of free-standing
pieces (e.g., sculptures and fountains) or may be integrated with
surroundings (e.g., relief sculpture(s) embedded into pavement or
wall, mosaics, murals, decorative fixtures, etc.) to create strong visual
interest. Artwork should be context-appropriate and custom-made
utilizing local artisans, reinforcing and complementing the character of
the riverfront. Public spaces designed to accommodate live
performing arts and public gatherings should be integrated into the
development, whenever feasible.
3. View Corridors
a. View of the Cape Fear River shall not be significantly obstructed by
buildings or other structures.
b. All development shall provide view corridors along streets connecting
to the river.
c. Any street that terminates within 50 feet of the riverwalk shall provide
a public space, park, or access area that is a clearly defined entry
point to the required riverwalk.
4. Building Form and Design
a. All buildings exceeding 4 stories or 50 feet in height, whichever is
less, must include the following design features:
1. The building base (the first 4 stories or 50 feet in height,
whichever is less) must be delineated and distinguished
architecturally from the upper floors of the building.
2. The building section above the building base must have its mass
reduced according to the following calculation: (Proposed Height –
Base Height) X (Footprint) * 0.25 = Minimum Building Mass
Reduction Above Base Height
b. Primary building entrances shall be oriented toward public sidewalks
along primary street or riverwalk frontages. Development along new
or existing public streets should provide inviting facades and, through
appropriate scale and quality materials, foster a walkable pedestrian
environment.
c. Massing and development scale:
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1. No visible façade shall be “blank” or without features or detail. For
buildings greater than 33 feet in width, visible facades shall
incorporate periodic transitions no further apart than 2/3 of the
building height in order to create a vertical orientation. The
transition may be achieved by utilizing at least two methods
including, but not limited to, the use of façade offsets, recesses,
pilasters, or change in materials.
2. For buildings exceeding 4 stories or 50 feet, whichever is less,
facades shall incorporate a visual transition to distinguish the
building base from the upper floors of the building. This transition
may be achieved by utilizing at least two methods including, but
not limited to, the use of building façade offsets, cornices, belt
courses, moldings, or other linear motifs.
3. For buildings greater than 50 feet in width, facades shall be
expressed as two or more separate building facades no greater
than 50 feet in width utilizing the aforementioned methods. The
predominant orientation of fenestration within the façade shall also
be vertical. Horizontal bands or “ribbons” of windows shall not be
permitted within the first 4 stories or 50 feet of building height. At
least 50% of the ground-level façade shall be constructed of
transparent materials or otherwise designed to allow pedestrian
view of inside activities.
4. The exterior expression of any building façade must be
distinguished at a point not less than 13 ½ feet above the ground
level at the front façade. This distinction may be accomplished by
incorporating features including, but not limited to, horizontal
architectural members such as molding, belt courses, or a change
in materials or fenestration.
5. Multi-Modal Transportation Opportunities
a. Pedestrian accessibility and concentration of development (critical
mass) shall be provided within a compact, walkable area. Pedestrian
circulation shall be clearly defined with paving materials and/or
landscaping and shall connect all uses.
b. Bicycle and/or pedestrian connectivity to adjacent or nearby
developments is required, when feasible.
c. Sidewalks are required on each side of rights-of-way and private
streets throughout the development and are to be installed along all
building frontages.
d. Sidewalks shall maintain a minimum width of 12 feet. Sidewalk width
may be reduced on internal private streets with TRC approval.
e. Sidewalks may be limited to a single side of rights-of-way or private
streets or sidewalk width may be reduced when the right-of-way or
private street abuts streams, ponds, or wetlands, or when contextual
design constraints dictate, as determined by the TRC.
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6. Screening:
All dumpsters, outside storage areas, and any ground level mechanical
equipment shall be screened. Screening shall be a minimum of 6 feet in
height and shall consist of living and non-living material as specified in
Article 5: General Development Standards.
7. Utilities:
All electric, cable television, telephone utilities, fire alarm conduits,
streetlight wiring, and other wiring conduits and similar utilities shall be
placed underground by the developer or the appropriate utility company
for all new developments.
8. Connection to the Surrounding Community
a. Developments shall be designed as an integral part of the surrounding
community, and not as an isolated development.
b. Developments shall not be gated and shall be interconnected to any
surrounding developments with pedestrian and vehicular connections.
c. Developments shall include plants for future pedestrian and vehicular
connections to adjacent undeveloped properties.
9. Landscaping
a. Shade trees are required along all streets. Shade trees shall be a
minimum caliper of 3 inches DBH, shall be spaced at least every 50
feet on center, and must be single-stem canopy trees.
b. Public spaces and common areas shall be planted with a minimum of
2 single stem canopy trees per every 1,000 square feet. Canopy trees
shall be a minimum caliper of 3 inches DBH. Two canopy trees may
be substituted with 3 understory trees per 1,000 square feet of public
space or common area where overhead obstructions or other site
limitations make canopy trees impractical.
c. The TRC may permit alternatives to strict conformance with the
required location of public space and common area landscaping
under the following conditions. However, in all cases, developments
shall provide at least the minimum square footage of landscaped area
and number of trees required by this section.
1. Preservation of natural stands of trees and existing vegetation:
Preservation of natural stands of trees may be substituted for
landscaping requirements, as long as the total square footage of
interior landscaping meets the minimum required.
2. Additional landscaping in key areas: Provision of at least 10%
greater than the minimum landscaping area required in each of
the following areas: along the waterfront, at project entrances, in
public spaces.
3. Provision of low impact development: Landscaping necessary to
achieve low impact development standards as outlined in the
County’s Stormwater Management Ordinance shall be provided.
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10. Parking
a. Surface parking may not exceed 5 percent of the total parking area
provided or 50 spaces, whichever is less, for each development. A
parking structure is considered part of the building footprint when a
common wall is shared between them.
b. Surface parking shall be located to the side or rear of buildings or in
the interior of a block. Surface parking shall not be located on the
riverfront side of buildings. Surface parking shall be reserved for non-
residential uses including loading areas and emergency vehicle
access and must be clearly designated as such.
c. There must be no minimum or maximum parking limit for residential
uses.
d. On-street parking is permitted but shall not be counted toward
required parking for commercial uses.
e. The design of all above-grade parking structures shall be visually
compatible with surrounding structures and shall relate to the design
context of the area.
1. Exterior walls of parking structures shall be designed with
materials, colors, and architectural articulation in a manner that
provides visual compatibility with adjacent buildings and the
environment.
2. All parking structures shall be visually obscured from the river.
3. Non-residential uses shall be included along first-floor street
frontages. Active uses are encouraged on the sidewalk level of
parking structures. Ground floor structured parking does not
satisfy non-residential use requirements.
11. Signs
a. Directional signs not exceeding 30 inches in height or 4 square feet in
area which direct on-premises vehicular or pedestrian traffic and
bearing no other identification or advertising matter shall not be limited
in number.
b. A multi-family or nonresidential principal building may install signs on
or hanging beneath canopies or awnings or hanging beneath
overhangs on porch roofs provided:
1. There is no projecting sign on the principal building;
2. The combined total area of signs applied to canopies and awnings
shall not exceed 20 percent of the aggregate area of the face of
the canopy or awning; and
3. Signs that are attached below a canopy, awning, overhang, or
porch roof shall not extend beyond the width of such canopy,
awning, overhang or porch roof and shall have a clearance of not
less than 9 feet above the pedestrian walkway and shall not
exceed 3 square feet in area.
Unified Development Ordinance | New Hanover County, NC 3-59
c. A multi-family or nonresidential principal building may install on-
premises window signs provided:
1. The area of such signs shall not exceed an aggregate area equal
to 10 percent of the total ground floor glassed window area of the
building;
2. Such signs, if located inside the window, may be neon signs; and
3. Such signs shall not be located above the second floor.
d. A single-family residential premises may erect one on-premises
and/or one special purpose sign subject to the following restrictions:
1. Such signs refer only to the name, home occupation, address,
and/or special purpose of the occupant therein.
2. Such sign shall not exceed 4 square feet in area.
3. Such sign shall be setback a minimum of 5 feet from any property
line.
4. Such sign shall not be located at a height above 6 feet.
e. A multi-family or nonresidential principal building may display
incidental signs that are flat mounted against the building, window, or
door and do not exceed a total area of 2 square feet.
f. A revolving sign, specifically that of a striped barber pole, is allowed
only in conjunction with a barber shop.
g. External illumination, if used, shall not be blinking, fluctuating, or
moving. Light rays shall shine only upon the property within the
premises and shall not spill over the property lines in any direction,
except by indirect reflection.
h. Any premises or principal building may erect one real estate or
construction sign advertising specific property for sale, rent, lease,
development, or construction, located on the premises, provided that
sale, rent, or lease (real estate) signs do not exceed 6 square feet in
area and development or construction signs do not exceed 35 square
feet in area.
i. Any premises may display one on-premises freestanding sign that
does not exceed 35 square feet in area or 10 feet in height.
j. Any principal building may display attached signs subject to the
following restrictions:
1. Only one attached sign per each frontage shall be permitted;
2. Such sign is mounted parallel to the building to which it is attached
and projects no more than 18 inches from that building;
3. Such signs shall not extend beyond the roofline of the building to
which it is attached; and
4. The combined total area of such signs shall not exceed 20 percent
of the total area of the wall to which the sign is attached, not to
exceed 200 square feet in total area.
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k. Attached signs may be displayed on the side or rear of a building
adjacent to an off-street parking area if the off-street parking area is
33 feet or more in width. Such signs shall be subject to the same
regulations as attached signs on the street side of the building.
However, the side or rear of the building adjacent to the off-street
parking area shall not be included when calculating the area allowable
to attached signs on the street side.
l. Any principal building may display one projecting sign subject to the
following restrictions:
1. There is no detached sign on the premises;
2. Such sign may project horizontally a maximum of 6 feet but shall
be set back at least 2 feet from the back face of the curb or outer
edge of the pavement where there is no curb. Setback distances
for projecting signs which front on state roads must be approved
by the North Carolina Department of Transportation;
3. Such signs shall be erected at a height of not less than 9 feet
above the sidewalk or other pedestrian passageway;
4. Such sign shall not exceed beyond the roof line of the building to
which it is attached; and
5. Such sign shall not exceed 15 square feet in area.
m. Any premises or principal building may place sandwich board signs on
the public sidewalk subject to the following restrictions:
1. Only one sandwich board sign is allowed per street frontage;
2. No sandwich board sign shall exceed 8 square feet per side in
area. In addition, the width of the sign may not exceed 2 linear
feet, with a maximum height of 4 feet. Within these specified
maximum dimensions, creative shapes that reflect the theme of
the business being advertised are encouraged (i.e., ice cream
shop may display a sign in the shape of an ice cream cone);
3. Sandwich board signs shall be displayed only during operational
hours of the business being advertised and shall not be lighted.
These signs must be removed each day at the close of business.
The hours of business operation shall be indicated on the inside
surface of the sign board.
4. Sandwich board signs may be placed on the sidewalk directly in
front of the associated use. Along streets with no parallel parking,
sandwich board signs shall be placed on the sidewalk within 4 feet
of the curb. Along streets with parallel parking, a 2-foot step-out
zone shall be provided, and sandwich board signs shall be placed
on the sidewalk at least 2 feet from the curb but not more than 4
feet from the curb. The location of any sandwich board sign shall
be at least 20 feet from any intersection and at least 5 feet from
any crosswalk or fire hydrant. No sandwich board sign may be
placed where the unobstructed space for the passageway of
pedestrians is reduced to less than 4 feet. Trees, poles, signs,
Unified Development Ordinance | New Hanover County, NC 3-61
hydrants, trash receptacles, tree grates, etc. are all considered
obstructions.
5. The sign must be constructed of materials that present a finished
appearance. Rough cut plywood is not acceptable. The sign
lettering should be professionally painted or applied; a “yard sale”
or “graffiti” look with hand painted or paint-stenciled letters is not
acceptable; however, chalkboard signs shall be permitted. The
written message on the board should be kept to the minimum
necessary to communicate the name of a business or a special
message of the business.
6. Any person erecting a sandwich board sign shall indemnify and
hold harmless New Hanover County and its officers, agents, and
employees from any claim arising out of the presence of the sign
on County property or public rights-of-way. The person erecting a
sandwich board sign shall sign an indemnification agreement,
approved by the County Attorney, prior to the issuance of a sign
permit. The indemnification agreement shall be accompanied by
evidence of insurance covering the liability assumed in this
subsection and the agreement.
7. Questions as to placement of sandwich board signs shall be
determined by the Planning Director.
n. Freestanding signs, pole signs, and outdoor advertising signs shall
not be permitted.
o. Project entrance signs shall be integrated into site entry, structural,
and landscape features and meet the following standards:
1. The sign area shall not exceed 75 square feet and its vertical
dimension shall not exceed 4 feet.
2. The maximum height of any entry structure shall not exceed 6
feet.
3. The sign and any structures shall be located so as to not obstruct
the view of persons entering or leaving the development.
4. The main and secondary entrances shall be designated on the
site plan.
5. Two monument signs are allowed at the main entrance way, one
on each side of the road or driveway with a combined total area
not to exceed 150 square feet and with a maximum vertical
dimension of 4 feet.
6. Secondary entranceways shall be restricted to one monument
sign, not to exceed 18 square feet in area and with a vertical
dimension of 4 feet. However, if secondary entranceway signs
are incorporated within an entry wall or other entry feature, 2 signs
are allowed, one on each side of the access road, not to exceed a
combined total surface area of 27 square feet and a vertical
dimension of 4 feet.
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7. The main entranceway sign text is limited to the development
name and the name of one tenant. Sign area devoted to a tenant
name is limited to 25 percent of any sign area.
8. Secondary entranceway text is limited to the development name
only.
p. Internal illumination is prohibited except for kinetic signs, which may
be allowed on buildings housing amphitheaters; cultural arts centers,
including theaters; meeting and event centers; museums; and movie
theaters (except drive-ins); provided that:
1. The kinetic sign shall be displayed on only one wall of the building;
2. The wall on which the kinetic sign is displayed shall not front any
thoroughfare or arterial road;
3. The kinetic sign shall not strobe or flash or utilize graphics, letters,
or text;
4. The area of the kinetic sign shall not exceed 1,200 square feet or
10 percent of the area of the building façade on which it is
installed, whichever is less;
5. Between the hours of 11:00 PM and 7:00 AM, the kinetic sign
color shall be stationary and restricted to one color; and
6. The kinetic sign shall be approved by the Riverfront Mixed Use
development property owners’ association and shall be consistent
with the architectural guidelines of the development.
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Article 6: Subdivision Design and Improvement
Section 5.3 Tree Retention Article 7: Stormwater Management
Section 5.4 Landscaping and Buffering Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
Unified Development Ordinance | New Hanover County, NC 3-63
3.3.6. EXCEPTIONAL DESIGN (EDZD) PLANNED DEVELOPMENT DISTRICT
A. Purpose
The Exceptional Design Zoning District (EDZD) provides opportunities for mixed use and
high density residential projects within the unincorporated areas of the County where
appropriate urban features are in place to support such projects without the negative
impacts of urban sprawl. Through the conservation of water bodies, wetlands, floodplains,
and open space, it is intended that this district will prevent the degradation of water quality
and foster the preservation of natural hydrology, habitat, and biodiversity. In addition, the
district is intended to provide design flexibility to achieve public and private spaces that
advance a sense of community in a well-integrated service area that diminishes the need
for vehicular traffic and encourages bicycle and pedestrian movements. The EDZD shall
be located with respect to public and private facilities existing or clearly available by the
time they are required within the development.
B. Applicability
1. As of May 3, 2021, no new EDZD district shall be added to the Official Zoning Map, nor
may any boundary of an existing EDZD district be modified. Any property zoned EDZD
prior to May 3, 2021 exists as part of the Official Zoning Map and shall conform to the
standards of this ordinance. [05-03-2021]
2. EDZD projects must be located on sites suitable for development in the manner
proposed without creating hazards to persons or property, on or off the district, and
free from the probability of flooding, erosion, subsidence, or slipping of the soil or other
dangers. Condition of soil, groundwater level, drainage and topography shall all be
appropriate to both the kind and pattern of use intended. If appropriate to the form and
function of development, lands to be included in EDZD districts may be divided by
streets, alleys, rights-of-way, or easements but shall be located, dimensioned, and
arranged as to permit unified planning and development and to meet all requirements
in connection therewith, as well as to provide necessary protection against adverse
relationships between uses in the district and uses in surrounding area.
3. Areas classified as Rural Residential place type, Conservation place type, AE or VE
special flood hazard areas, or CAMA Estuarine Areas of Environmental Concern are
not eligible for residential density greater than 2.5 units per acre, and such acreage,
with the exception of area within the Rural Residential place type, must be subtracted
from the acreage upon which density on other portions of the district is calculated. All
other areas of the unincorporated planning jurisdiction for New Hanover County are
eligible for the EDZD.
4. A district must include the entirety of the parcel or parcels being considered, and the
applicant must be the owner or owners of all the property to be included in the district.
The applicant must demonstrate that the property is jointly owned or be subject to a
formal agreement for unified control. Authorization to construct shall not be issued until
unified control is established.
5. A district may not extend across any major or minor arterial roadway having three or
more lanes of vehicular traffic unless the district proposed multiple, unified
development phases of mixed uses having safe, signalized vehicular, pedestrian and
bicycle facilities to connect the projects, such as crosswalk signals, pedestrian
overpasses, refuge islands, etc.
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C. Use Standards
The principal uses in an EDZD District shall be as set out and approved in the original
approving action, unless otherwise amended by the Board of Commissioners. To be eligible
for density or floor area ratio bonuses, a project must include a mix of uses (see Section
3.3.6.E.9, Exceptional Design Density Incentives). After the MPD Master Plan has been
approved, changes in any principal use or accessory use shall constitute a change in the
approved EDZD District and shall require approval by the Board of Commissioners.
D. District Dimensional Standards
Development in the EDZD district shall conform to the standards outlined in Table 3.3.6.D:
Exceptional Design Zoning District (EDZD) Density & Dimensional Standards.
Table 3.3.6.D: Exceptional Design Zoning District (EDZD)
Density & Dimensional Standards
Residential Density (maximum)
Areas classified as Rural
Residential place type,
Conservation place type, AE or VE
special flood hazard areas, or
CAMA Estuarine Areas of
Environmental Concern*
2.5 dwelling units/acre
All other projects
6 dwelling units/acre (unless awarded density bonuses in
accordance with Section 3.3.6.E.9, Exceptional Design
Density Incentives)
Setbacks (minimum)
District Periphery
20 feet (if proposed setback less than proposed height
of buildings, the application must include an explanation
of how the project reasonably addresses privacy, light,
air, and safety impacts upon adjoining properties)
Structure Size (maximum)
Height 40 feet for any building within 200 ft. of any residentially
zoned or used property
* Such acreage, with the exception of area within the Rural Residential place type, must be
subtracted from the acreage upon which density on other portions of the district is
calculated.
E. Other District Standards
1. Exceptional Design Standards
Projects must meet a minimum of one qualifying option for each of the
standards outlined in Table 3.3.6.E.1: Exceptional Design Core
Requirements, and must be eligible for a minimum of 12 points as
outlined in Table 3.3.6.E.2: Exceptional Design Additional Requirements.
The EDZD certification must be assured during the first phase of
development or prior to completion of more than 24 units. A progress
Unified Development Ordinance | New Hanover County, NC 3-65
report shall be submitted after each phase indicating the proposed
timeline for completion of the EDZD elements.
Table 3.3.6.E.1: Exceptional Design Core Requirements
Smart Location
Option 1: Proposed project is located on an infill site or previously developed site, as
defined in this Ordinance.
Option 2: Proposed project is located so that 25% of the project boundary is adjacent to
a previously developed property and connectivity of the site and adjacent land is at least
90 intersections/square mile as measured within a ½-mile distance of a continuous
segment of the project boundary. In addition, the project is located and/or designed so
that a through street and/or non-motorized right-of-way intersects the project boundary
at least every 800 feet, connecting with an existing street and/or right-of-way outside the
project.
Option 3: Proposed project is located and/or designed so that at least 50% of dwelling
units and business entrances within the project must be located within a ½-mile walk
distance, as defined in this Ordinance, of existing or planned transit stops. For planned
transit stops, the transit agency must certify that it has an approved budget that includes
specifically allocated funds for the transit stop and that the stop will be constructed no
later than the occupancy of 50% of the project’s total building square footage.
Option 4: Proposed project boundary must be within ¼-mile walk distance, as defined in
this Ordinance, of at least 5 or within a ½-mile walk distances of at least 7 of the diverse
uses listed in Table 3.3.6.E.8. Uses must include at least one use from each of the three
diverse use categories with the following limitations:
• Uses may not be counted in two categories (i.e., a school may only be counted once
even if it contains a daycare facility);
• A mixed use building containing several uses as distinctly operated enterprises with
separate exterior entrances may count each as a separate use, but no more than half
of the minimum number of diverse uses can be situated in a single building or under
a common roof; and
• A single retail store of any type may only be counted once even if it sells products
associated with multiple use types.
Proximity to Water
and Wastewater
Infrastructure
Option 1: Proposed project is located on a site served by existing water and wastewater
infrastructure. Replacement of or other on-location improvements to existing
infrastructure are considered existing for the purpose of achieving this option.
Option 2: Proposed project is located within an area scheduled for water and sewer
expansion where verifiable expansion plans can be provided and allocation of capacity
can be confirmed with the Cape Fear Public Utility Authority.
Significant Species
and Ecological
Communities
Option 1: After consultation with the most recent officially adopted NC Natural Heritage
Program map as found on the New Hanover County online mapping services, no species
listed under the federal Endangered Species Act, NC endangered species list, or NC
Natural Heritage Program as nationally, state, or regionally significant is present or likely
to be present. [05-03-2021]
Option 2: If initial consultation with the most recent officially adopted NC Natural
Heritage Program map is inconclusive, then a qualified biological scientist performs
biological surveys to determine the presence of endangered or significant species or the
applicant consults with the NC Natural Heritage Program in Raleigh to receive a state
determination, and none of the above species is present or likely to be present. [05-03-
2021]
Option 3: If endangered or significant species are found, the project complies with an
approved Habitat Conservation Plan (HCP) under the Endangered Species Act for each
3-66 New Hanover County, NC | Unified Development Ordinance
Table 3.3.6.E.1: Exceptional Design Core Requirements
species or an approved mitigation plan received from the NC Natural Heritage Program.
Option 4: If endangered or significant species are found an no approved HCP or
approved mitigation plan exists, the applicant must work with an appropriate authority to
create and develop one, and the project shall be designed to comply with it.
Wetland and Water
Body Conservation
and Preservation
Option 1: The project is located on a site that includes no jurisdictional wetlands, water
bodies (including but not limited to intermittent and perennial streams) or land within 100
feet of these areas.
Option 2: The project is located such that pre-project jurisdictional wetlands, water
bodies (including but not limited to intermittent and perennial streams), and land within
100 feet of such areas shall not experience significant destruction or lasting detrimental
effects to water quality or other protected natural resources as a result of new
development. Significant destruction shall include the construction, excavation, or
deposition of materials in, over, or on such land or any work that would affect the course,
location, condition, or capacity of the receiving water body. A long-term management
plan, as defined by this Ordinance, for on-site water bodies and wetlands and their
buffers, along with a guaranteed funding source for management, shall be required.
Floodplain
Avoidance
Option 1: The project is located on a site that does not contain any land within a 100-
year floodplain.
Option 2: The project is located on an infill site or a previously developed site, as defined
by this Ordinance, and complies with the NFIP requirements for developing portions of
the site that lie within the floodplain.
Option 3: Development is limited to portions of the site that are not in a floodplain or
portions of the site that have been previously developed.
Unified Development Ordinance | New Hanover County, NC 3-67
Table 3.3.6.E.2: Exceptional Design Additional Requirements
Mix of Uses
(2 points)
• The project includes a residential component that constitutes at least 25% of the
project’s total building square footage; and
• The project is located and/or designed so that at least 50% of the dwelling u nits are
within ½-mile walk distance of at least 3 of the diverse uses listed in Section 3.3.6.E.9,
Exceptional Design Density Incentives. At least one use from two of the three diverse
use categories is required.
Bicycle and
Pedestrian Access
(Option 1: 2 points;
Option 2: 4 points;
4 points maximum)
• The project includes an internal bicycle and pedestrian network with a pedestrian or
bicycle through-connection in at least 90% of any new cul-de-sacs, except where
prohibited by topographical conditions;
• Bicycle parking and storage in the form of secure on-site bicycle racks is provided for
any multifamily, retail, and commercial development in accordance with the following
standards:
o Multifamily: 1 space per 10 dwelling units with a minimum of 4 spaces per
project site;
o Retail: 1 space per 5,000 square feet of retail space with a minimum of 1
space per business or 4 per project site, whichever is greater;
o Commercial non-retail: 1 space per 10,000 square feet of commercial non-
retail space with a minimum of 4 spaces per building; and
• The project is designed to meet at least one of the following options:
o Option 1: A planned bicycle network, as defined by this Ordinance, of at least
5 continuous miles in length is within ¼-mile bicycling distance of the project
boundary. For planned bicycle networks, the network must be listed in a plan
adopted by the New Hanover County Board of Commissioners.
o Option 2: An existing bicycle network, as defined by this Ordinance, of at
least 5 continuous miles in length is within ¼-mile bicycling distance of the
project boundary and connects to either a school, employment center, or
commercial center that contains at least 7 of the diverse uses listed in Section
3.3.6.E.9, Exceptional Design Density Incentives.
Housing and Jobs/
Commercial
Opportunity
Proximity
(2 points)
• Option 1: The project includes a residential component equaling at least 30% of the
project’s total building square footage and is located and/or designed so that the
geographic center of the project is within a ½-mile walk distance of pre-project full-
time equivalent jobs equal to or greater than the number of dwelling units in the
project.
• Option 2: The project includes a non-residential component equaling at least 30% of
the project’s total building square footage.
Transit Facilities
(4 points)
• The project is located within ½-mile of an existing or planned transit route. The
transit agency must certify that it has an approved budget that includes specifically
allocated funds sufficient to provide the planned service and that service will
commence no later than occupancy of 50% of the project’s total building square
footage; and
• The development plans shall include or identify covered and at least partially
enclosed shelters, adequate to buffer wind and rain, with at least one bench, at each
transit stop within the development; and
• The development plans shall include kiosks, bulletin boards, and/or signs devoted to
providing local public transit information as part of the project, including basic
schedule and route information at each public transit stop within or bordering the
project.
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Table 3.3.6.E.2: Exceptional Design Additional Requirements
Certified Green
Building
(2 points)
A minimum of one whole residential or non-residential building is designed, constructed,
or retrofitted and certified through LEED, NAHB Green Building Standards, RESNET, WELL,
or any other third-party verified Home Energy Rating Program. [05-03-2021]
Minimum Building
Energy Efficiency
(2 points)
• New multi-family residential (4+ stories), non-residential, and mixed use buildings
meet at least three of the additional requirements listed in the N.C. Energy
Conservation Code for Commercial buildings; and
• Ninety percent of new multifamily residential (3 stories or less) and single-family
residential buildings meet the HERO option listed within the Energy Conservation
Code of the N.C. State Building Code.
On-Site Renewable
Energy Sources
(2 points)
The project incorporates on-site nonpolluting renewable energy generation, such as solar
and geothermal energy, with production capacity of at least 5% of the project’s annual
electrical and thermal energy cost (exclusive of existing buildings), as established through
an accepted building energy performance simulation tool.
Water Efficient
Landscaping
(2 points)
The project reduces potable water consumption for outdoor landscape irrigation by
limiting turf to 25% or less, incorporating rainwater catchment system(s) such as rain
barrels or cisterns into the project, installing drip irrigation, and utilizing stormwater for
landscape irrigation.
Native Landscapes
(2 points)
• A comprehensive inventory of existing trees and vegetation identifies native,
nonnative, and invasive vegetation is conducted on the project site; and
• A landscape plan that preserves and enhances native landscapes and eradicates or
prevents the spread of nonnative and invasive species is incorporated into the
project; and
• All noninvasive significant trees in good or excellent condition shall be maintained as
part of this plan.
Building Orientation
(2 points)
The project is designed so that a minimum of 75% of the building sites are constructed
with the longer dimension of the structure facing 0-30 degrees of south.
Affordable Housing
(4 points)
A minimum of 15% of rental and/or for-sale dwellings are prices for households earning
below area median income (AMI). Rental units must be priced for households earning
60% of AMI as calculated annually based on the HUD Standard Income and Rent Limits
table. For-sale unit affordability is based on sale price limits established by the North
Carolina Housing Finance Agency First-Time Home Buyer Mortgage and Down Payment
Assistance Program.
2. Parking
Off-street parking shall be provided as required in Section 5.1, Parking
and Loading, except that projects that meet the Mix of Uses, Bicycle and
Pedestrian Access, and Housing and Jobs/Commercial Opportunity
Proximity requirements in Table 3.3.6.E.2: Exceptional Design Additional
Requirements, may reduce the minimum parking requirements by ten
percent within the commercial component of the project.
3. Connectivity
In order to promote projects that have high levels of internal connectivity
and are well connected to the community at large, gates or other
obstructions may not be utilized on roads entering, exiting, or within the
development.
Unified Development Ordinance | New Hanover County, NC 3-69
4. Buffering Allowance
Landscaping and buffering shall be provided in accordance with Section
5.4, Landscaping and Buffering, except that required buffers may be
allowed within electric utility easements greater than 30 feet with the
permission of the appropriate utility company. A memorandum of
agreement must be in place stating that the buffer will be maintained in
perpetuity in accordance with the standards for size, opacity, and
location.
5. Street Lights
Street lights shall be included at the rate of one fixture per 500 linear feet
or less or roadway.
6. Open Space
[11-16-2020]
A minimum 35 percent of the gross area of each EDZD district
established shall be set aside as open space in accordance with the
standards in Section 5.8, Open Space Requirements.
a. To prevent bacterial contamination of surface water, pet waste
stations shall be installed within required open spaces, and a
maintenance schedule for the pet waste stations shall be
implemented.
7. Stormwater Management
A comprehensive stormwater management plan that infiltrates and reuses
stormwater runoff shall be developed and implemented for the project.
Stormwater shall be managed following the principles prescribed in the
New Hanover County-City of Wilmington Joint Low Impact Development
Manual and will enable a project to use the LID-EZ Spreadsheet Tool.
8. Homeowners Association
EDZD developments shall be required to comply with the homeowners
association standards for Performance Residential Subdivisions, as found
in Section 3.2.D.7: Homeowners Association.
9. Exceptional Design Density Incentives
a. Only projects complying with the Mix of Uses additional requirements
as outlined in Table 3.3.6.E.2: Exceptional Design Additional
Requirements, are eligible for density or floor area ratio bonuses.
b. Compliance with Mix of Uses additional requirements shall be
determined in accordance with Table 3.3.6.E.9: Diversity of Uses.
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Table 3.3.6.E.9: Diversity of Uses
Use Type 1: Retail
Convenience Store
Florist
Hardware Store
Pharmacy
Grocery Store
Miscellaneous Retail
Use Type 2: Services
Bank
Coffee Shop
Hair Care
Laundry/Dry Cleaner
Medical/Dental Office
Restaurant
Office for private business and/or professional
activities
Use Type 3:
Civic/Community Facilities
Child Care (licensed)
Civic/Community Center
Place of Worship (in a building)
Police/Fire Station
Post Office
Public Library
Public Park
School
Senior Care
Social Services Facility
c. Any points an eligible project is awarded beyond the 12-point
minimum, as outlined in Table 3.3.6.E.2: Exceptional Design
Additional Requirements, may be applied toward the density or floor
area ratio bonuses at a rate of 1 additional dwelling unit OR 1/10
additional FAR per additional design point accrued.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Article 6: Subdivision Design and Improvement
Section 5.3 Tree Retention Article 7: Stormwater Management
Section 5.4 Landscaping and Buffering Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT
[09-08-2020]
A. Purpose
The Planned Development (PD) District is established to encourage innovative, integrated, and
efficient land planning and site design concepts that achieve a high quality of development,
environmental sensitivity, and adequate public facilities and services, and that provide community
benefits, by:
• Reducing the inflexibility of zoning district standards that sometimes result from strict
application of the base district, and development standards;
• Allowing greater flexibility in selecting: the form and design of development, the ways by
which pedestrians and traffic circulate, how the development is located and designed to
respect the natural features of the land and protect the environment, the location, and
integration of open space and civic space into the development, and design amenities;
• Encouraging a greater mix of land uses within the same development;
• Allowing more efficient use of land, with smaller networks of streets and utilities;
• Providing pedestrian connections within the site and to the public right-of-way; and
• Promoting development forms and patterns that respect the character of established
surrounding neighborhoods and other types of land uses.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are identified in
Article 4: Uses and Use-Specific Standards. The allowed uses are only permitted for development if
they are included in the MPD Master Plan that is approved as part of the PD district in accordance
with Section 3.3.3.A, MDP Master Plan.
Unified Development Ordinance | New Hanover County, NC 3-73
D. District Dimensional and Density Standards [09-08-2020][11-01-2021]
Standard Residential Uses Commercial Uses Industrial Uses
Minimum district size, under common ownership or joint petition: 10 acres*
Building setback from PD District
boundary (feet) 20 CB Setback
Requirements
I-1 Setback
Requirements
Building setback from pedestrian
and bicycle paths (feet) 10
Front setback (feet)
Established in MPD Master Plan in accordance with Section
3.3.3.A, MPD Master Plan
Side setback, street (feet)
Side setback, interior (feet)
Rear setback (feet)
Density, maximum (du/acre) *
Intensity, maximum Established in MPD Master Plan in accordance with Section
3.3.3.A, MPD Master Plan
Building height, maximum Established in MPD Master Plan in accordance with Section
3.3.3.A, MPD Master Plan
*10 acres shall be contiguous or separated only by an easement, right-of-way, or street. [10-03-2022]
** Maximum density in Urban Mixed-Use areas identified on the New Hanover County Future Land Use Map
shall be established in the MPD Master Plan. Maximum Density in areas outside of the Urban Mixed-Use areas
shall also be established in the MPD Master Plan but shall not exceed 17 dwelling units per acre.
E. Other District Standards
1. Compensating Community Benefits
Compensating community benefits shall be identified in the MPD Master
Plan. These benefits shall be in addition to what is otherwise required to
meet the minimum standards of this UDO and other County, state, and
federal regulations. They may include, but are not limited to:
a. Improved Design
The use of architectural design that exceeds any minimum standards
established in this UDO or any other County regulation, or the use of
site design incorporating principals of walkable urbanism and
traditional neighborhood development, compatible with the
comprehensive plan and other adopted County plans.
b. Natural Preservation
The preservation of sensitive lands such as natural habitats, natural
features, or trees that exceed the requirements of this UDO, when
they are located on the site.
3-74 New Hanover County, NC | Unified Development Ordinance
c. Improved Connectivity for Pedestrians and/or Vehicles
Additional connections to existing roads, bicycle facilities, and
pedestrian facilities that provide additional connectivity to and from the
development and existing residential and commercial development in
the County, beyond the requirements of Section 5.2, Traffic, Access,
and Connectivity.
d. Mixed-Use Development
The approval of a significant amount of mixed-use development on
the site, by ensuring that a minimum of 35 percent of the total gross
square feet in the development (and 25 percent of the land area) will
be developed in an integrated mixed-use form (residential and
nonresidential), with sidewalks on both sides of the street, and street
trees spaced appropriately along the street.
e. Green Building Practices
The inclusion of green building practices that may include but not be
limited to: LEED buildings (or a comparable); the integration of low-
impact development techniques; the use of alternative energy to
generate power (solar or wind); energy conservation practices; water
conservation practices; tree conservation (exceeding the
requirements of this UDO); recycling; and similar practices.
f. Dedication of Land or Facilities or In-Lieu Fee Contribution
1. Parks, Recreation, and Open Space
The dedication of land, construction of facilities, or contribution of
in-lieu fee for public parks, trails and trail linkages, greenways,
waterfront access, recreation facilities, or open space identified in
the comprehensive plan or other adopted County plans, beyond
the requirements of Section 5.5, Open Space Set-Aside
Standards.
2. Transportation Facilities
The dedication of land, construction of facilities, or contribution of
in-lieu fees for off-site transportation facilities that exceed the
mitigation requirements of Section 5.2.4, Traffic Impact
Worksheet.
3. Community Facilities
The dedication of land or construction of facilities for community
facilities (e.g., cultural arts center, public plaza, and public art)
identified in the comprehensive plan or other adopted County
plans.
4. Workforce Housing
The construction of workforce dwelling units.
Unified Development Ordinance | New Hanover County, NC 3-75
5. Other
Any other community benefit that would provide benefits to the
development site and the citizens of the County, generally.
2. Development Standards Subject to Modification
Except as required in subsections 3 through 5 below, development in a
PD district shall comply with the standards in Article 5: General
Development Standards, Article 6: Subdivision Design and
Improvements, Article 7: Stormwater Management, Article 8: Erosion and
Sedimentation Control, and Article 9: Flood Damage Prevention, unless
they are modified as allowed by Table 3.3.7.E.2: PD District Development
Standards Subject to Modification, and accompanied by documentation
providing a clear basis for why the change is needed, how it supports the
purposes of the district, and how it supports high-quality development.
Table 3.3.7.E.2: PD District Development Standards Subject to
Modification
Standard Means to Modify
Article 5: General Development Standards
Section 5.1 Parking and Loading MPD Master Plan
Section 5.2 Traffic, Access, and Connectivity MPD Master Plan
Section 5.3 Tree Retention No modification
Section 5.4 Landscaping and Buffering No modification
Section 5.5 Exterior Lighting MPD Master Plan
Section 5.6 Signs MPD Master Plan
Section 5.7 Conservation Resources No modification
Section 5.8 Open Space Requirements MPD Master Plan
Section 5.9 Fire Hydrants No modification
Section 5.10 Airport Height Restriction No modification
Article 6: Subdivision Design and Improvements
Section 6.1 General Purpose No modification
Section 6.2 Design Standards MPD Master Plan
Section 6.3 Improvements MPD Master Plan
Article 7: Stormwater Management (reserved)
Article 8: Erosion and Sedimentation Control No modification [11-16-2020]
Article 9: Flood Damage Prevention No modification
3. Minimum Infrastructure Improvements
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:
3-76 New Hanover County, NC | Unified Development Ordinance
a. Water supply and sewer facilities 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. A drainage plan in accordance with Section 6.3.3.E, Surface Water
Drainage, and the County’s Stormwater Management Ordinance.
d. Street lights, at the rate of one fixture per 500 linear feet or less of
roadway.
e. Audible fire alarm systems connected directly to a central dispatch
system for all structures except single-family and two-family (duplex)
residential.
4. Building Separations Standards
a. The project shall be designed so as to avoid encroachment into the
path of any proposed transportation project included in the Wilmington
MPO’s Metropolitan Transportation Plan.
b. Multi-family dwelling units shall be spaced a minimum of 20 feet from
any part of another dwelling unit. All other dwelling types shall be
spaced a minimum of 10 feet from each other. [11-16-2020, 10-03-2022]
Unified Development Ordinance | New Hanover County, NC 3-77
Section 3.4. Commercial and Industrial Districts
3.4.1. INTENT
The commercial and industrial districts are intended to:
A. Help implement the adopted New Hanover County Comprehensive Plan by
accommodating a full range of office, retail, commercial, service, and mixed uses
needed by New Hanover County’s residents, businesses, visitors, and workers;
B. Maintain and enhance the County’s economic base and provide shopping,
entertainment, and employment opportunities close to where people live and work;
C. Preserve, protect, and promote employment-generating uses;
D. Create suitable environments for various types of commercial and industrial uses
and protect them from the adverse effects of incompatible uses;
E. Allow flexibility to encourage redevelopment and positive improvements to existing
businesses and residences;
F. Minimize potential negative impacts of heavy impact nonresidential development on
adjacent residential areas;
G. Provide suitable locations for public and semipublic uses needed to complement
nonresidential development; and
H. Encourage site planning, land use planning, and architectural design that create an
interesting and pedestrian-friendly environment, where appropriate.
3.4.2. ESTABLISHED COMMERCIAL AND INDUSTRIAL ZONING DISTRICTS
The commercial and industrial zoning districts established by this UDO are identified in
Table 3.5.2: Established Commercial and Industrial Base Zoning Districts
Table 3.5.2: Established Commercial and Industrial Zoning Districts
Category District Abbreviation
Commercial &
Industrial
Neighborhood Business B-1
Community Business CB
Regional Business B-2
Office and Institutional O&I
Shopping Center SC
Commercial Services CS
Airport Commerce AC
Light Industrial I-1
Heavy Industrial I-2
3-78 New Hanover County, NC | Unified Development Ordinance
3.4.3. NEIGHBORHOOD BUSINESS (B-1) DISTRICT
A. Purpose
The purpose of the Neighborhood Business (B-1) District is to provide lands that accommodate a
range of small-scale, low-intensity, neighborhood-serving commercial development that provide
goods and services to residents of adjacent neighborhoods. District regulations are intended to
ensure uses, development intensities, and a development form that is consistent with a pedestrian-
friendly, walkable, and neighborhood scale. Mixed use development is allowed that is consistent with
district character.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-01-2021]
Standard All Uses
Lot area, minimum (square feet) None
Lot width, minimum (feet) None
1 Front setback (feet) 25
2 Side setback, street (feet) 25
Side setback, interior (feet)
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent
to residential properties
Rear setback (feet)
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent
to residential properties
Building height, maximum 2 stories OR 40 ft.
Unified Development Ordinance | New Hanover County, NC 3-79
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
3-80 New Hanover County, NC | Unified Development Ordinance
3.4.4. COMMUNITY BUSINESS (CB) DISTRICT
A. Purpose
The purpose of the Community Business (CB) District is to provide lands that accommodate the
development, growth, and continued operation of businesses that serve surrounding neighborhoods
with goods and services needed for a variety of daily and long-term purposes. Development in the CB
district should be designed in a form and at a scale that is both walkable and accessible to vehicles,
and located at intersections and along streets that will allow multiple neighborhoods access to the
district’s businesses. CB district lands can serve as a buffer between higher density/intensity
development and moderate or low density multi-family and single family neighborhoods.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-01-2021]
Standard All Uses
Lot area, minimum (acres) ½
1 Lot width, minimum (feet) 80
2 Front setback (feet) 20
3 Side setback, street (feet) 20
Side setback, interior (feet)
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
4 Rear setback (feet)
10 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Building height, maximum
3 stories, OR 50 ft.
See Section 3.1.3.C for standards when adjacent to
residential properties
Floor area per development site,
maximum (square feet) 100,000
Unified Development Ordinance | New Hanover County, NC 3-81
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1
2
2 3
4
4
3-82 New Hanover County, NC | Unified Development Ordinance
3.4.5. REGIONAL BUSINESS (B-2) DISTRICT
A. Purpose
The intent of the Regional Business (B-2) District is to provide for the proper site layout and
development of larger format or larger structure size business uses, including big box stores and
automobile dealers. It is also designed to provide for the appropriate location and design of auto-
oriented uses that meet the needs of the motoring public or that rely on pass-by traffic.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-01-2021]
Standard All Uses
Lot area, minimum (square feet) None
Lot width, minimum (feet) None
1 Front setback (feet) 25
2 Side setback, street (feet) 25
Side setback, interior
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Rear setback
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Building height, maximum
3 stories OR 50 ft.
See Section 3.1.3.C for standards when adjacent to
residential properties
Additional height allowance, maximum
(feet)
100 for Hotel or Motel structures
See Section 3.1.3.C for standards when adjacent to
residential properties
Unified Development Ordinance | New Hanover County, NC 3-83
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
1
1 2
3-84 New Hanover County, NC | Unified Development Ordinance
3.4.6. OFFICE AND INSTITUTIONAL (O&I) DISTRICT
A. Purpose
The purpose of the Office and Institutional (O&I) District is to provide lands that accommodate
institutional, professional office, and other compatible uses. The O&I district should be located in
areas with more intense uses and higher density development patterns to support economic clusters
in appropriate locations.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-01-2021]
Standard Residential Uses Nonresidential Uses and Mixed-Use Structures
Lot area, minimum (square feet)* 15,000
1 Lot width, minimum (feet)* 90
2 Front setback (feet)* 25
3 Side setback, street (feet)* 25
Side setback, interior*
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Rear setback*
0 adjacent to districts in the RMF, Mixed Use or
Commercial & Industrial categories
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Density, maximum (dwelling
units/acre) 2.5**
Building height, maximum
3 stories OR 45 ft.
See Section 3.1.3.C for
standards when adjacent
to residential properties
3 stories OR 50 ft.
See Section 3.1.3.C for
standards when adjacent to
residential properties
Unified Development Ordinance | New Hanover County, NC 3-85
D. District Dimensional Standards [11-01-2021]
Standard Residential Uses Nonresidential Uses and
Mixed-Use Structures
Additional height allowance,
maximum (feet)
75 for Senior Living
See Section 3.1.3.C for
standards when adjacent
to residential properties
75 for Government Offices
and Buildings; Bank and/or
Financial Institutions; and
Offices for Private Business
and Professional Activities
125 for Colleges, University,
& Professional School and
Hospital structures
See Section 3.1.3.C for
standards when adjacent to
residential properties
* Does not apply to Performance Residential Developments (see Section 3.1.3.D).
** Applies only to Performance Residential Developments (see Section 3.1.3.D).
E. Other District Standards
1. Signs. Signs or a directional nature shall be permitted; however, each such sign shall not exceed
2 square feet in surface area (one side) with no lighting and shall be limited to 7 feet in height.
2. Lighting. The source of any outdoor lighting in an O&I district shall be concealed so as not to be
visible from any public street or any residential lot.
3 2
2
1
1
3-86 New Hanover County, NC | Unified Development Ordinance
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-88 New Hanover County, NC | Unified Development Ordinance
3.4.7. SHOPPING CENTER (SC) DISTRICT
A. Purpose
The purpose of the Shopping Center (SC) District is to provide lands allowing for the development of
unified commercial projects as part of larger commercial clusters or as new neighborhood nodes
located close to residential neighborhoods that allow for convenient access to basic goods and
services. District regulations are designed to ensure compatibility with adjacent properties so the SC
district can be used to create the types of mixed used development patterns outlined in the
Comprehensive Plan.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Minimum contiguous area: 7 acres*
Setback from district border, minimum (feet) 50
Setback from district boundary, minimum (feet) 25
Building height, maximum None
* No zoning map amendment shall reduce the size of contiguous area classified SC to less than seven acres,
unless the entire district is rezoned for other purposes.
E. Other District Standards
1. No Shopping Center district may extend across any major highway.
2. The owner or owners of the entire area proposed to be amended to an SC district shall sign a
petition for an Amendment to the Official Zoning Map and shall follow the procedures set out
for a Conditional Zoning district (see Section 10.3.3: Conditional Zoning).
2
Unified Development Ordinance | New Hanover County, NC 3-89
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-90 New Hanover County, NC | Unified Development Ordinance
3.4.8. COMMERCIAL SERVICES (CS) DISTRICT
A. Purpose
The Commercial Services (CS) 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 act as a transitional land use between intensive industrial and commercial
development and less intensive commercial, office, and institutional uses.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) 7,500
1 Lot width, minimum (feet) 65
2 Front setback (feet) 35
3 Side setback, street (feet) 25 along highways and major thoroughfares
17.5 along all other public highways or streets
4 Side setback, interior (feet) 7*
5 Rear, generally (feet) 15**
Building height, maximum (feet) 40***
* The interior side setback is 30 feet from abutting residentially zoned land.
** The rear setback is 35 feet from abutting residentially zoned land land.
*** Buildings having a height over 35 feet are subject to additional setbacks and bufferyards of 4 additional feet.
Unified Development Ordinance | New Hanover County, NC 3-91
E. Other District Standards
Lighting: All new construction where exterior site lighting is provided shall observe the
following limitations as to height:
a. Unrestricted lighting: 10 feet
b. Ninety-degree cutoff lighting: 15 feet
In no case shall lighting for new construction be located or installed so as to shine directly
onto residential premises.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
2
5
5
4
1
1
4 2
3
3-92 New Hanover County, NC | Unified Development Ordinance
3.4.9. AIRPORT COMMERCE (AC) DISTRICT
A. Purpose
The purpose of the Airport Commerce (AC) District is to provide lands to accommodate
planned restricted business and industrial development in which the principal use of land is
for indoor manufacturing, distribution, and other types of operations that are compatible with
airport facilities and require sites near to railroads and/or major thoroughfares. The specific
intent of the district is to:
• Encourage the types of development that are compatible with airport operations;
• Protect and promote the public utility of Wilmington International Airport;
• Promote the health, safety, and general welfare of the residents of New Hanover
County by preventing the creation of hazards around the airport to protect the lives
and property of both the users of the airport and nearby residents; and
• Prevent destruction or impairment of the utility of the airport and the public’s
investment.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are
established in Article 4: Uses and Use-Specific Standards.
Unified Development Ordinance | New Hanover County, NC 3-93
D. District Dimensional Standards [10-03-2022]
Standard All Uses
Lot area, minimum (square feet) 43,560*
1 Lot width, minimum (feet) 150
2 Front setback (feet) 50
3 Side setback, street (feet) 50
Side setback, interior **
Rear setback **
Building height, maximum (feet) 35***
Additional height allowance, maximum (feet) 50***
* Any property subdivided and recorded prior to June 1, 1981 may be less than the minimum lot area, provided
such lots are located outside of an approach zone for Wilmington International Airport. Any such property
located within an airport approach zone may be approved pursuant to a Special Use Permit issued in
accordance with 10.3.5: Special Use Permit.
** Determined in accordance with Section 3.1.3.C, Additional Standards in Certain Districts.
*** Unless otherwise specified in Section 5.10, Airport Height Restriction. Any proposed height above 35 ft. will
require that a 7460 be filed with the FAA and an FAA determination of “no hazard.”
1
1 2
2 3
3-94 New Hanover County, NC | Unified Development Ordinance
E. Other District Standards
1. Access
Any means of direct access to or from any development shall not be through any land in a
Residential district or land on which there is residential development, or along any street or
road in a residential subdivision.
2. Lighting
a. Any pulsating, flashing, rotating, oscillating, or other type of light intended as an
attention-getting device is prohibited.
b. Flood lights, spot lights, or another lighting device shall be arranged or shielded so as
not to cast illumination in an upward direction above an imaginary line extended from
the light source parallel to the ground.
3. Radio and Electronic Device
a. Any radio or electronic device is permitted only in conjunction with a valid license or
other authorization as may be issued by the FCC.
b. Any radio or electronic device, the operation of which would violate any rules or
regulations of the FCC is prohibited.
4. Visual Hazards
Any operation or use that emits smoke, dust, or creates glare or other visual hazards is
prohibited.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3-96 New Hanover County, NC | Unified Development Ordinance
3.4.10. LIGHT INDUSTRIAL (I-1) DISTRICT
A. Purpose
The purpose of the Light Industrial (I-1) District is to provide lands to accommodate light industrial
development and associated operations, including assembly, fabrication, packaging, and transport,
where operations are conducted primarily indoors and where suitable sites are served by rail, a
waterway, and/or a highway transportation system as well as readily available utilities. I-1 districts
are intended to support the development of commerce and employment clusters as recommended in
the Comprehensive Plan. Heavy industrial uses in which raw materials are converted into products
for subsequent assembly or fabrication or where uses create an excessive amount of noise, odor,
smoke, dust, airborne debris, or other objectionable characteristics that might be detrimental to
surrounding areas are not appropriate in the I-1 district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards [11-01-2021]
Standard All Uses
Lot area, minimum (square feet) None
1 Lot width, minimum (feet) None
2 Front setback (feet) 50
3 Side setback, street (feet) 50
Side setback, interior *
Rear setback *
Building height, maximum
3 stories OR 50 ft.
See Section 3.1.3.C for standards when adjacent to
residential properties
Additional height allowance, maximum
(feet)
100 for Government Offices & Buildings, Hotel or Motel,
Offices for Private Business and Professional Activities,
and Research and Development Facility structures
See Section 3.1.3.C for standards when adjacent to
residential properties
* Determined in accordance with Section 3.1.3.C.
Unified Development Ordinance | New Hanover County, NC 3-97
E. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
3 2
2
1
1
3-98 New Hanover County, NC | Unified Development Ordinance
3.4.11. HEAVY INDUSTRIAL (I-2) DISTRICT
A. Purpose
The purpose of the Heavy Industrial (I-2) District is to provide lands that accommodate a full range of
heavy industry uses to support the development and success of industrial and commerce clusters as
identified in the Comprehensive Plan. Uses allowed in the district include manufacturing, fabrication,
assembly, warehousing, distribution, and accessory outside storage uses associated with heavy
industrial uses, where such heavy industry uses are served by rail, waterway, and/or highway
transportation systems. District regulations are included to protect development situated outside the
district and minimize environmental impacts caused by the uses within the district.
B. Concept
C. Use Standards
Allowed uses and use-specific standards for principal, accessory, and temporary uses are established
in Article 4: Uses and Use-Specific Standards.
D. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) None
1 Lot width, minimum (feet) None
2 Front setback (feet) 50
3 Side setback, street (feet) 50
Side setback, interior *
Rear setback *
Building height, maximum None
* Determined in accordance with Section 3.1.3.C, Additional Standards in Certain Districts.
Unified Development Ordinance | New Hanover County, NC 3-99
E. Other District Standards
Buffers must be established between I-2 and adjacent, non-industrial uses, in accordance with
5.4.3: Transitional Buffer.
F. Reference to Other Standards
Article 2: Measurements and Definitions Section 5.8 Open Space Requirements
Section 5.1 Parking and Loading Section 5.9 Fire Hydrants
Section 5.2 Traffic, Access, and Connectivity Section 5.10 Airport Height Restriction
Section 5.3 Tree Retention Article 6: Subdivision Design and Improvement
Section 5.4 Landscaping and Buffering Article 7: Stormwater Management
Section 5.5 Exterior Lighting Article 8: Erosion and Sedimentation Control
Section 5.6 Signs Article 9: Flood Damage Prevention
Section 5.7 Conservation Resources Article 11: Nonconforming Situations
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Unified Development Ordinance | New Hanover County, NC 3-101
Section 3.5. Overlay and Special Purpose Districts
3.5.1. INTENT
The UDO established overlay and special purpose districts to:
A. Clearly designate areas within the unincorporated County with specific regulations
in addition to those required by the general use district to assist in protecting
resident safety and/or important community resources; and
B. Allow additional options for development of specific projects that are consistent with
the goals of the Comprehensive Plan and the objectives of this UDO.
3.5.2. ESTABLISHED OVERLAY AND SPECIAL PURPOSE ZONING DISTRICTS
The overlay and special purpose zoning districts established by this UDO are identified
in Table 3.5.2: Established Overlay and Special Purpose Zoning Districts
Table 3.5.2: Established Overlay and Special Purpose Zoning Districts
Category District Abbreviation
Overlay Districts Special Highway Overlay SHOD
Watershed Supply Watershed Overlay District WSW
Special Purpose
Districts Conditional Zoning Districts CZ
[05-05-2021]
3-102 New Hanover County, NC | Unified Development Ordinance
3.5.3. SPECIAL HIGHWAY OVERLAY (SHOD) DISTRICT
A. Purpose
The purpose of the Special Highway Overlay (SHOD) District is to protect the
natural beauty and scenic vista that exists along interstate highways and other
specially designated roadways that serve as major accessways and gateways into
unincorporated New Hanover County. Protection of these highways is important
and necessary to maintain and preserve the natural woodlands and open spaces
that characterize these roadways. The continued protection of these scenic
highways is also a valuable asset to the County’s tourism economy and enhances
the attractiveness of the County for trade and investment.
B. SHOD District Boundaries
The boundaries of the SHOD District are shown on the Official Zoning District Map.
C. Applicability
1. The SHOD district regulations apply to the development of all land within
the district, in addition to the regulations of the general use district in
which the land is located. In the event there are conflicts between the
SHOD district regulations and those of the underlying general district
regulations, the SHOD district regulations shall control.
2. Except for access roads and utility (communications, gas, electrical,
sanitary services) structures, all non-residential structures, buildings, and
improvements to land located within the SHOD shall comply with the
requirements of Section 3.5.3.D, SHOD District Standards.
D. SHOD District Standards
1. Setbacks
a. All non-residential buildings and their accessory uses shall be set
back a minimum of 100 feet from the right-of-way of the designated
highway.
b. No building shall be located less than 25 feet from any property line.
c. The setback may be reduced for those buildings, accessory uses, and
off-street parking by a maximum of 25 percent if the development
provides additional plantings along the right-of-way. At a minimum,
these plantings shall consist of one deciduous or evergreen tree at
least 2.5” caliper for every 40 feet of road frontage. These
streetscape trees must be selected and planted in accordance with
Section 5.4, Landscaping and Buffering, and must be located in the
first 10 feet of land adjacent to and parallel to the right-of-way, except
that plantings may be moved outside this area if it is determined that
overhead power lines would interfere with the trees’ natural growth.
2. Enclosed Facilities
All manufacturing, storage, offices, wholesaling, retail sales or similar
uses shall be conducted within an enclosed building.
Unified Development Ordinance | New Hanover County, NC 3-103
3. Outside Storage
a. Outside storage can be permitted if it is located directly to the rear of
the principal building and is not visible from the designated highway.
b. The outside storage area shall not occupy an area wider than the
principal building or larger than one-half the area of the principal
building.
c. A 3-row screen shall be provided in accordance with the standards of
Section 5.4, Landscaping and Buffering.
d. No storage shall be permitted above the height of the screen.
e. Junk yards and scrap processors are not permitted.
4. Parking and Loading
a. Loading areas are permitted on the side or rear of the principal
structure as viewed from the designated highway. If loading is
performed on the side of the building, as viewed from the designated
highway, a 3-row screen shall be provided in accordance with the
standards in Section 5.4, Landscaping and Buffering.
b. No vehicular or equipment parking, except automobile parking, shall
be permitted in the yard area adjacent to the designated highway. All
automobile parking shall be set back at least 100 feet from the right-
of-way of the designated highway if such highway is an interstate or
thoroughfare with controlled access. Other US and NC numbered
highways shall require a 50-foot setback for automobile parking.
5. Lot Coverage
The total ground area covered by principal buildings and all accessory
buildings shall not exceed 50% of the site.
6. Signs:
Signs shall comply with Section 5.6, Signs, except that only one
freestanding ground sign that does not exceed 6 feet in height and a
maximum surface area of 150 square feet is allowed within the 100-foot
setback. No outdoor advertising signs are permitted.
7. Any parcel of land that is located in overlapping SHOD districts shall be
subject to all of the setback requirements of this section for one of the two
designated highways, except the setbacks from the right-of-way of the
secondary highway frontage, as determined by the applicant, may be
reduced by 50 percent.
3-104 New Hanover County, NC | Unified Development Ordinance
3.5.4. WATER SUPPLY WATERSHED OVERLAY (WSW) DISTRICT
A. Purpose
The purpose of the Water Supply Watershed Overlay District is to preserve and
protect the water quality of the County's surface water supplies from pollution as a
result of activities from new construction as well as existing development. The
preservation of these potable drinking water supplies is important to the orderly
growth of the County and serves to ensure that primary and secondary sources of
drinking water are available to serve existing and future populations. This
ordinance is established as mandated by the Water Supply Watershed Protection
Act, (NCGS 143-214.5).
B. Applicability
1. Unless exempted by subsection 3 below, the development and
improvement of property, including the subdivision of land, that is located
within the water supply watershed shall be subject to the standards in this
section (3.5.4). The most recent officially adopted maps of, and
information pertaining to, the water supply watershed shall be maintained
by, and shall be available for review at, the County Planning and Land
Use Department. These maps shall serve as the official source by which
to identify the boundaries of the water supply watershed. [05-03-2021]
2. These WSW District regulations apply to the development of all land
within the district, in addition to the regulations of the general use district
in which the land is located. In the event there are conflicts between the
WSW District regulations and those of the underlying general district
regulations, the WSW district regulations shall control.
3. The following uses are exempt from the standards in this section (3.5.4):
a. The development of a single family home, one residential duplex, or
the location of two or fewer mobile homes on a parcel or lot of record
where permitted by the underlying zoning;
b. The installation and maintenance of water, sewer, electrical, and other
utility systems where it can be demonstrated that the installation
causes only minimal disturbance of the water supply;
c. Agriculture subject to the provisions of the Food Security Act of 1985
and the Food, Agriculture, Conservation and Trade Act of 1990; and
d. Silviculture subject to the provisions of the Forest Practices
Guidelines Related to Water Quality (15 NCAC 1I.6101-.0209).
C. WSW District Standards
1. Stormwater Management
Approval of a drainage plan meeting the requirements of Section 6.3.3.E,
Surface Water Drainage, is required for all development subject to this
section (3.5.4). All structures shall be set back at least 100 feet from the
mean high water line.
Unified Development Ordinance | New Hanover County, NC 3-105
2. Agriculture
Existing or new agricultural activities conducted after January 1, 1994
shall maintain a minimum ten-foot vegetated buffer, or equivalent buffer
as determined by the Soil Conservation Service, adjacent to the shoreline
of the water supply.
3. Non-residential Uses
All non-residential activities shall be limited to a built-upon area not to
exceed 24 percent of the site. Additionally, nonresidential uses that store
toxic or hazardous wastes or other contaminants that are listed in SARA,
Section 302, Extremely Hazardous Substances, CERCLA Hazardous
Substances, or Section 311 of CWA (oil and hazardous substances) in
any amount are prohibited unless they provide a spill containment plan
approved by the Director of Emergency Management. Such plans shall
be updated every two years. Local response to spills shall be in
accordance with the New Hanover County Emergency Operations Plan.
4. Residential Uses
The maximum allowed density for new subdivisions, including
performance developments, shall not exceed that permitted by the RA
Rural Agriculture Zoning District.
3-106 New Hanover County, NC | Unified Development Ordinance
3.5.5. CONDITIONAL ZONING (CZ) DISTRICT
A. Purpose
The Conditional Zoning (CZ) District option is established to address situations
where a particular land use would be consistent with the Comprehensive Plan and
the objectives of this Ordinance and only a specific use or multiple specific uses
are proposed and appropriate for the development of a site. The district is primarily
intended for use at transitions between zoning districts of dissimilar character
where a particular use or uses, with restrictive conditions to safeguard adjacent
land uses, can create a more orderly transition benefiting all affected parties and
the community at-large. It is intended only for firm development proposals and
should not be used for tentative projects without definitive plans.
B. Applicability
CZ districts are intended only for voluntary proposals submitted in the names of the
owners of all property included in the petition/application.
C. Districts Established
The following conditional zoning districts, each bearing the designation "CZ", are
hereby established:
1. The residential conditional zoning districts include: CZ-RA, CZ-AR, CZ-
R20S, CZ-R-20, CZ-R15, CZ-R-10, CZ-R-7, CZ-R-5, CZ- RMF-L, CZ-
RMF-M, CZ- RMF-MH, CZ-RMF-H.
2. The commercial and industrial conditional zoning districts include: CZ- B-
1, CZ- CB, CZ-B-2, CZ- O&I, CZ-SC, CZ- CS, CZ-I-1, and CZ-I-2.
D. District Requirements
1. Eligible Uses
Only uses allowed in the corresponding general use district are eligible for
CZ district consideration and any such use within a CZ district shall, as a
minimum requirement, satisfy all the regulations of the corresponding
general use district. Uses allowed by special use permit in the
corresponding general use district shall require a special use permit in the
conditional district. [05-03-2021]
2. Additional Conditions and Requirements
The approval for a specific CZ district shall specify all additional
conditions and requirements that represent greater restrictions on
development and use of the land than the corresponding general use
district regulations or other limitations on land that may be regulated by
state law or local ordinance. Such conditions and requirements shall not
specify ownership status, race, religion, character, or other exclusionary
characteristics of the occupant(s), shall be objective, specific, and
detailed to the extent necessary to accomplish their purpose, and shall
relate rationally to making the approval compatible with the
Comprehensive Plan, other pertinent requirements of this Ordinance, and
to securing the public health, safety, morals, and welfare.
Unified Development Ordinance | New Hanover County, NC 3-107
3. Conceptual Plan
Applications for establishment of a CZ district shall include a conceptual
development plan depicting the proposed development configuration that
conforms to the application requirements for conditional zonings in the
Administrative Manual and any other conditions of approval proposed by
the applicant.
4. Relationship to Overlay District Standards
Regulations governing development in an overlay zoning district shall
apply in addition to the regulations governing development in the CZ
district. If the standards governing a CZ district expressly conflict with
those governing an overlay district, the more restrictive standards shall
control.