TA21-03_TextAmendment_Summary&Draft
Multi-family & Nonresidential Height Standards Update
Code Sections Affected
Section 2.1,
Measurements
Section 2.3,
Definitions & Terms
Section 3.1.3,
Superseding Dimensional
Standards
Section 3.2.12,
Residential Multi-Family Low
Density (RMF-L) District
Section 3.2.13,
Residential Multi-Family Moderate
Density (RMF-M) District
Section 3.2.14,
Residential Multi-Family Medium-
High Density (RMF-MH) District
Section 3.2.15,
Residential Multi-Family High
Density (RMF-H) District
Section 3.3.4,
Urban Mixed-Use Zoning (UMXZ)
Section 3.3.7,
Planned Development (PD) District
Section 3.4.3,
Neighborhood Business (B-1)
District
Section 3.4.4,
Community Business (CB) District
Section 3.4.5,
Regional Business (B-2) District
Section 3.4.6,
Office and Institutional (O&I)
District
Section 3.4.10,
Light Industrial (I-1) District
Section 5.4.3,
Transitional Buffer Standards
Key Intent
• Allow 4-story buildings, which require elevators, in multi-family
districts to increase housing access and opportunities for seniors
and residents with reduced mobility
• Adjust height standards in nonresidential and mixed-use districts
to allow for the building scale recommended in the
Comprehensive Plan, ensure structure heights needed for
permitted uses can be accommodated, and provide for more
flexibility in building design, while offsetting impacts of tall
structures directly abutting residential property
• Modify setbacks in nonresidential districts to ensure consistency
Changes
• A building height allowance has been established for the RMF-L
and RMF-M districts where 4-story structures are allowed when
additional setbacks from adjacent general R Residential districts
(RA, AR, R-20, R-20S, R-15, R-10, R-7, and R-5) are provided.
(See Sections 3.2.12 and 3.2.13)
• Additional setbacks from adjacent general R Residential districts
have been outlined for 4-story structures in the RMF-MH and
RMF-H districts. (See Sections 3.2.14 and 3.2.15)
• Because Master Planned Developments (MPDs) are subject to
Planning Board and Board of Commissioners review and
consideration through the public hearing process, the building
height maximum in the Urban Mixed Use Zoning and Planned
Development districts has been removed and the MPD Master
Plan is allowed to establish the maximum height for a particular
project. (See Sections 3.3.4 and 3.3.7)
• Maximum height limits for nonresidential districts are adjusted to
allow for the scale of buildings intended for the district. (See
Sections 3.4.3, 3.4.4, 3.45, 3.4.6, and 3.4.10)
• Additional height allowances, and additional standards to mitigate
greater heights when adjacent to general R Residential districts,
are established for nonresidential districts to ensure the number
of stories intended for the district can be accommodated and to
allow specific permitted uses that generally require structures with
greater height. (See Sections 3.1.3, 3.4.3, 3.4.4, 3.45, 3.4.6, 3.4.10,
and 5.4.3)
• The method for measuring height in stories is outlined, and a
definition for story is added. (See Sections 2.1 and 2.3)
2021-08 Public Comment Draft
Section 2.1 Measurements
Building Height
The vertical distance measured from the average elevation of the
proposed finished grade at the front of the structure to one of the
following (See Figure 2.1: Building Height Measurement):
1. The midpoint between eave and ridgeline on a simple
sloped roof (e.g., gable or hip roof) or curved roof (e.g.,
barrel roof);
2. Where there are multiple roof planes (e.g., gambrel or mansard roof), the highest midpoint on a
sloped or curved roof surface or the highest flat roof plane, whichever is highest; or
3. The highest roof plane on a flat roof (not including any parapet wall).
Appurtenances usually required to be placed above the roof level and not intended for human
occupancy (e.g., antennas, chimneys, solar panels) shall not count toward the building height (see
Section 3.1.3.B, Structural Appurtenances).
Height in Stories
1. The number of stories having their finished floor surface entirely above the base plane, or in
which the finished surface of the floor next above is:
a. More than 6 feet above the base plane.
b. More than 6 feet above the finished ground level for more than 50 percent of the total
building perimeter.
c. More than 12 feet above the finished ground level at any point.
2. Attic Story
a. An attic story is any story situated wholly or partly in the roof, so designated, arranged,
or build as to be used for storage or habitation.
b. If an attic which is accessible by a fixed stairway has a 7-foot clear height for greater
than 50 percent of the floor area of the story below, then the space shall be considered
as a story.
Note: No changes are
proposed to this definition. It is
included for informational
purposes and additional
context only.
2021-08 Public Comment Draft
Section 2.3 Definitions and Terms
Story
The portion of a building included between the upper surface of a floor and the upper surface of the floor
or roof next above.
Section 3.1 General
3.1.3 Superseding Dimensional Standards
C. Setback Requirements Additional Standards in Certain Commercial and Industrial Districts when
Adjacent to Residential Properties
Interior side setbacks and rear setbacks in the B-1, B-2, O&I, AC, I-1, and I-2 districts shall be as
follows:
1. No interior side or rear setbacks are required for nonresidential structures from lot
lines shared with abutting nonresidential uses where the structure and the abutting
use are located within the B-1, B-2, O&I, AC, I-1, and I-2 districts.
2. A setback of 20 feet is required for any structure in the B-1, B-2, O&I, AC, I-1, and I-2
districts from any lot line adjacent to a lot in a residential district occupied by a
nonresidential use.
3. 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 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. The setbacks in Table 3.1.3.C 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 (by
use of the language “in no case less than”).
Table 3.1.3.C(1): Interior Side and Rear Setbacks from Residential Properties
Zoning
District
Residential Uses Nonresidential
Uses Side (Interior) Setback Rear Setback
B-1 25 ft. 30 ft.
20 ft.
CB 20 ft. 30 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.
2021-08 Public Comment Draft
2. Table 3.1.3.C(2): Additional Standards for Structures with Additional Height Allowance,
establishes the additional setback, building stepback/architectural stepback, or opaque
landscape buffers required for lot lines shared with abutting general residential (RA, R-20, R-20S,
R-15, R-10, R-7, or R-5) districts for structures using the additional height allowance for that
district.
Table 3.1.3.C(2): Additional Standards for Structures with Additional Height
Allowance
Zoning
District
Option 1: Structure
Setback
Option 2: Building
Stepback or
Architectural Setback
Option 3: Opaque Landscape
Buffer
B-2
• Structures 51-75 ft.
tall: 40 ft.
• Structures 76-100
ft. tall: 50 ft.
• Structures 101-125
ft. tall: 60 ft.
• Portions of
structures 51-75 ft.
tall: 40 ft.
• Portions of
structures 76-100
ft. tall: 50 ft.
• Portions of
structures 101-125
ft. tall: 60 ft.
• Structures 51-75 ft. tall: 25 ft.
vegetative buffer/15 ft.
vegetative buffer with fencing
• Structures 76-100 ft. tall: 30 ft.
vegetative buffer/20 ft.
vegetative buffer with fencing
• Structures 101-125 ft. tall: 35 ft.
vegetative buffer/25 ft.
vegetative buffer with fencing
O&I
2021-08 Public Comment Draft
Section 3.2 Residential Zoning Districts
3.2.12 Residential Multi-Family Low Density (RMF-L) District
D. District Dimensional Standards [11-16-2020]
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 20
5 Rear setback (feet)* 15 25
Density, maximum (dwelling units/acre) 10
Building height, maximum 3 3 stories, with a maximum of 45 feet**
Additional height allowance
4 stories for structures setback at least 25 ft. from
adjacent RA, AR, R-20, R-20S, R-15, R-10, R-7, and R-
5 properties
* Does not apply to Performance Residential Developments (see Section Error! Reference source not found.).
** Heights over 35 feet subject to additional setback of 4 additional feet
3.2.13 Residential Multi-Family Moderate Density (RMF-M) District
D. District Dimensional Standards [11-16-2020]
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 20
5 Rear setback (feet)* 15 25
Density, maximum (dwelling units/acre) 17
Building height, maximum 3 3 stories, with a maximum of 45 feet**
Additional height allowance
4 stories for structures setback at least 25 ft. from
adjacent RA, AR, R-20, R-20S, R-15, R-10, R-7, and
R-5 properties
* Does not apply to Performance Residential Developments (see Section Error! Reference source not found.).
** Heights over 35 feet subject to additional setback of 4 additional feet
2021-08 Public Comment Draft
3.2.14 Residential Multi-Family Medium-High Density (RMF-MH) District
D. District Dimensional Standards [11-16-2020]
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 20
5 Rear setback (feet)* 15 25
Density, maximum (dwelling units/acre) 25
Building height, maximum** 4 stories, with a maximum of 50 feet [09-08-2020]
* Does not apply to Performance Residential Developments (see Section Error! Reference source not found.).
** Heights over 35 feet subject to additional setback of 4 additional feet Structures over 3 stories must be setback
a minimum 25 ft. from adjacent RA, AR, R-20, R-20S, R-15, R-10, R-7, and R-5 properties.
3.2.15 Residential Multi-Family High Density (RMF-H) District
D. District Dimensional Standards [11-16-2020]
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 20
5 Rear setback (feet)* 15 25
Density (maximum dwelling units/acre) 36
Building height, maximum** 4 stories, with a maximum of 50 feet [09-08-2020]
* Does not apply to Performance Residential Developments (see Section Error! Reference source not found.).
** Heights over 35 feet subject to additional setback of 4 additional feet Structures over 3 stories must be setback
a minimum 25 ft. from adjacent RA, AR, R-20, R-20S, R-15, R-10, R-7, and R-5 properties.
2021-08 Public Comment Draft
Section 3.3 Mixed Use Zoning Districts
3.3.4 Urban Mixed Use Zoning (UMXZ)
E. District Dimensional Standards
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 height along arterial streets
4 stories or 45 feet by-right
75 feet with Additional Height Allowance special use
permit
Maximum height along residential &
collector streets 2 stories or 35 feet
Maximum height along arterial &
collector streets
5 stories or 55 feet if structured parking is provided
within project
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
*Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement
where an existing easement or significant natural feature exists.
2021-08 Public Comment Draft
3.3.7 Planned Development (PD) District
F. District Dimensional and Density Standards [09-08-2020]
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 (feet) 40**
Established in MPD Master Plan in accordance with Section
3.3.3.A, MPD Master Plan
* 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.
** There is no maximum building height for Agricultural or Industrial uses. The maximum building height is 80 feet
for buildings located within the Urban Mixed Use, Community Mixed Use, or Employment Center areas
identified on the New Hanover County Future Land Use Map and fronting along a collector, minor arterial, or
principal arterial as indicated on the most recent officially adopted Wilmington Urban Area MPO functional
classification map. [05-03-2021]
2021-08 Public Comment Draft
Section 3.4 Commercial and Industrial Districts
3.4.3 Neighborhood Business (B-1) District
G. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) None
Lot width, minimum (feet) None
1 Front setback (feet)
50 along highways and major thoroughfares;
35 along all other public highways or streets
25
2 Side setback, street (feet)
50 along highways and major thoroughfares;
35 along all other public highways or streets
25
Side setback, interior (feet)
*
0 adjacent to commercial & industrial districts
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Rear setback (feet)
*
0 adjacent to commercial & industrial districts
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Building height, maximum (feet) 35 40
Additional height allowance, maximum
(feet) 50 if required for structure no more than 2 stories in height
* Determined in accordance with Section Error! Reference source not found., Error! Reference source not found..
2021-08 Public Comment Draft
3.4.4 Community Business (CB) District
H. District Dimensional Standards
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)
None*
0 adjacent to commercial & industrial districts
See Section 3.1.3.C for setbacks when adjacent to
residential properties
4 Rear setback (feet)
10** 0 adjacent to commercial & industrial districts
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Building height, maximum (feet) 3 stories, not to exceed 45 feet***
50
Additional height allowance, maximum (feet) 65 if required for structure no more than 3 stories in
height
Floor area per development site, maximum
(square feet) 100,000
* Interior side setback is 20 feet from abutting residentially zoned land or lots on which there is residential
development.
** Rear setback is 25 feet from abutting residentially zoned land or lots on which there is residential development.
*** Buildings with heights over 35 feet are subject to an additional setback requirement of 4 additional feet.
2021-08 Public Comment Draft
3.4.5 Regional Business (B-2) District
I. District Dimensional Standards
Standard All Uses
Lot area, minimum (square feet) None
Lot width, minimum (feet) None
1 Front setback (feet)
50 along highways and major thoroughfares;
35 along all other public highways or streets
25
2 Side setback, street (feet)
50 along highways and major thoroughfares;
35 along all other public highways or streets
25
Side setback, interior
*
0 adjacent to commercial & industrial districts
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Rear setback
*
0 adjacent to commercial & industrial districts
See Section 3.1.3.C for setbacks when adjacent to
residential properties
Building height, maximum (feet) 40** 50
Additional height allowance, maximum
(feet)
100 if required for structure no more than 3 stories in
height OR for Hotel or Motel structures no more than 5
stories in height
See Section 3.1.3.C for standards when adjacent to
residential properties
* Determined in accordance with Section Error! Reference source not found., Error! Reference source not
found..
** Buildings located within the Employment Center, Community Mixed Use, Urban Mixed Use, or Commerce Zone
place types and fronting along a collector, Minor Arterial, or Principal Arterial as indicated on the most recent
officially adopted Wilmington MPO Functional Classification Map, may exceed 40 feet in height provided their
FAR does not exceed 1.0. The FAR may exceed 1.0, but shall not exceed 1.4 if (1) the ratio of the total building
footprint to the total buildable site area does not exceed 40% and (2) the required parking (exclusive of off-
loading and service parking) is included within the building footprint. If all surface parking (excluding visitor drop-
off and pick-up) is within the building footprint, additional floor area can be added at the rate of one foot of floor
per one foot of parking area. The total height of the parking structure shall be excluded from the height limit. [05-
03-2021]
2021-08 Public Comment Draft
3.4.6 Office and Institutional (O&I) District
J. District Dimensional Standards
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 commercial & industrial districts
See Section 3.1.3.C for setbacks when
adjacent to residential properties
Rear setback*
**
0 adjacent to commercial & industrial districts
See Section 3.1.3.C for setbacks when
adjacent to residential properties
Density, maximum (dwelling units/acre) 2.5***
Building height, maximum (feet) [09-08-2020] 40 45 52 75
Additional height allowance, maximum (feet)
50 if required for
structure no more
than 3 stories in
height
See Section 3.1.3.C
for standards when
adjacent to
residential properties
125 if required for
structure no more
than 5 stories in
height OR for
Colleges, University,
& Professional
School and Hospital
structures no more
than 7 stories in
height
See Section 3.1.3.C
for standards when
adjacent to
residential properties
* Does not apply to Performance Residential Developments (see Section Error! Reference source not found.).
** Determined in accordance with Section Error! Reference source not found., Error! Reference source not
found..
*** Applies only to Performance Residential Developments (see Section Error! Reference source not found.).
2021-08 Public Comment Draft
3.4.10 Light Industrial (I-1) District
K. 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 (feet) [09-08-2020] 45**
Additional height allowance, maximum (feet)
100 if required for structure no more than 3
stories in height OR Government Offices &
Building, Hotel or Motel, Offices for Private
Business and Professional Activities, and
Research and Development Facility structures
no more than 7 stories in height
See Section 3.1.3.C for standards when
adjacent to residential properties
* Determined in accordance with Section Error! Reference source not found., Error! Reference source not
found..
** Buildings located within the Employment Center or Commerce Zone place types and fronting along a Collector,
Minor Arterial, or Principal Arterial as indicated on the most recent officially adopted Wilmington MPO Functional
Classification Map, may exceed 45 feet in height provided their FAR does not exceed 1.0. [05-03-2021]
2021-08 Public Comment Draft
Section 5.4.3 Transitional Buffer Standards
Table 5.4.3.B.2: Landscape Buffer Types
Buffer Type Minimum Width and Plantings Required
Type A: Opaque Buffer†
Option 1: Vegetation Only
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, or 20 feet, whichever is greater.**
Planted materials shall be a minimum of six feet in height and provide approximately full opacity
within one year of planting.*
A minimum of three rows of planted material are required.
Option 2: Combination
Berm & Vegetation
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, or 20 feet, whichever is greater.**
The berm shall be constructed of compacted earth. The slope of the berm shall be stabilized with
vegetation and shall be no steeper than 3:1. The height of the berm shall be six feet or less with a
level or rounded area on top.
The combined height of the berm and planted vegetation shall provide approximately full opacity
to a minimum height of six feet within one year of planting. The height of the berm and vegetation
shall be measured from the ground level at the nearest lot boundary line.*
Option 3: Combination
Fencing & Vegetation
The minimum buffer width shall be 50 percent of the minimum required setback as set forth in
Article 3: Zoning Districts, or 10 feet, whichever is greater.**
Fencing shall be between 6 and 10 feet in height.
Required planted materials shall be located between the fence and the common property line
unless otherwise specified.
If solid fencing is used, planted materials a minimum of three feet in height and providing a
minimum of approximately 50 percent visual opacity at initial planting shall be required. Vegetation
shall be planted between the fence and the nonresidential or attached structure if the required
buffer is 15 ft. or less in width to accommodate regular maintenance.*
If permeable fencing is used, a minimum of two rows of planted materials providing approximately
full opacity within one year of planting are required.*
Type B: Aesthetic Buffer
Option 1: Vegetation Only
Width: 20 ft. minimum
Planted materials shall provide approximately 50 percent opacity within one year of planting.*
A minimum of three rows of planted material, using a minimum of two plant species that will result
in different heights at maturity, are required.
Option 2: Combination
Fencing & Vegetation
Width: 10 ft. minimum
Planted materials shall provide approximately 50% opacity within one year of planting.*
Fencing shall be between 4 and 10 feet in height.
Planted materials shall be planted between the fence and the industrial use with sufficient space
to accommodate regular maintenance.
If permeable fencing is used, at least one row of planted materials is required. Chain link or wire
fencing cannot be used to meet the fencing requirement.
2021-08 Public Comment Draft
Table 5.4.3.B.2: Landscape Buffer Types
Buffer Type Minimum Width and Plantings Required
Type A: Opaque Buffer†
*Plants and spacing to achieve the height and opacity requirements of this buffer option are outlined in the “Tree and Plant
Materials for Landscaping” manual.
**If the applicant increases the required buffer width, an equivalent reduction in a building’s setback is allowed, except for
interior side and rear setbacks from residential properties in the B-1, B-2, and O&I districts.
†See Section 3.1.3.C for landscape buffer options for structures using additional height allowance in certain districts.