2021-11 BOC Public Hearing DRAFT Text Amendment-FINAL2021-11 Board of Commissioners Public Hearing Draft
1
Section 2.1 Measurements
Building Height (in feet)
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).
Note: While the amendment
clarifies that this is the way
height in feet is measured, no
changes are proposed to this
definition. It is included for
informational purposes and
additional context only.
2021-11 Board of Commissioners Public Hearing Draft
2
Section 2.3 Definitions and Terms
Architectural Stepback
An architectural design element where portions of a building, above a certain height, excluding structural
appurtenances, are located further away from property lines to push height toward the center of a
property and allow for transitions between taller heights and rooflines of smaller neighboring structures.
Story
That portion of a building between the surface of any floor and the floor or roof above it. The following
are considered stories:
a. Mezzanines exceeding one-third of the total floor area of the story immediately below it;
b. Penthouses; and
c. Basements more than 6 feet above the finished ground level for more than 50 percent of the
total building perimeter.
2021-11 Board of Commissioners Public Hearing Draft
3
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 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. 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 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.
2021-11 Board of Commissioners Public Hearing Draft
4
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.
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.
2021-11 Board of Commissioners Public Hearing Draft
5
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.
2021-11 Board of Commissioners Public Hearing Draft
6
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 ft. for any multi-family or nonresidential structure over 2
stories in height.
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.
2021-11 Board of Commissioners Public Hearing Draft
7
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 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 3 stories, with a maximum of 45 feet**
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). ** Heights over 35 feet subject to additional setback of 4 additional feet
2021-11 Board of Commissioners Public Hearing Draft
8
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 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 3 stories, with a maximum of 45 feet**
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). ** Heights over 35 feet subject to additional setback of 4 additional feet
2021-11 Board of Commissioners Public Hearing Draft
9
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 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, with a maximum of 50 feet [09-08-2020]
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).
** Heights over 35 feet subject to additional setback of 4 additional feet
2021-11 Board of Commissioners Public Hearing Draft
10
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 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, with a maximum of 50 feet [09-08-2020]
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).
** Heights over 35 feet subject to additional setback of 4 additional feet
2021-11 Board of Commissioners Public Hearing Draft
11
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.
2021-11 Board of Commissioners Public Hearing Draft
12
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]
2021-11 Board of Commissioners Public Hearing Draft
13
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 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 (feet) 35 2 stories OR 40 ft.
* Determined in accordance with Section 3.1.3.C.
2021-11 Board of Commissioners Public Hearing Draft
14
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 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 (feet)
3 stories, not to exceed 45 feet***
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
* 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.
2021-11 Board of Commissioners Public Hearing Draft
15
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 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 (feet)
40** 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
* Determined in accordance with Section 3.1.3.C.
** 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]
2021-11 Board of Commissioners Public Hearing Draft
16
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 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 (feet) [09-08-2020]
40 3 stories OR 45 ft.
See Section 3.1.3.C for
standards when adjacent to residential properties
52 3 stories OR 50 ft.
See Section 3.1.3.C for
standards when adjacent to residential properties
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).
** Determined in accordance with Section 3.1.3.C. *** Applies only to Performance Residential Developments (see Section 3.1.3.D).
2021-11 Board of Commissioners Public Hearing Draft
17
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** 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.
** 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]
2021-11 Board of Commissioners Public Hearing Draft
18
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, or 25 percent of the minimum structure setback for taller structures outlined in Section 3.1.3.C, 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, or 25 percent of the minimum structure setback for taller structures outlined in Section 3.1.3.C, 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, or 20 percent of the minimum structure setback for taller structures outlined in Section 3.1.3.C, 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.
*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.