Combined TA21-04 PB Staff ReportTA21-04 Staff Summary PB 11.4.2021 Page 1 of 6
STAFF SUMMARY OF TA21-04
TEXT AMENDMENT APPLICATION
APPLICATION SUMMARY
Case Number: TA21-04
Request:
The intent of this amendment is to establish a new zoning district, the Riverfront Urban Mixed-Use
Zoning (RUMXZ) district.
Applicant: Subject Ordinance:
Frank Pasquale on behalf of KFJ Development Group Unified Development Ordinance
Subject Article(s) and Section(s):
• Article 3: Zoning Districts
o Section 3.3.2 Established Mixed Use Zoning Districts
o Section 3.3.8 Riverfront Urban Mixed-Use Zoning (RUMXZ)
• Article 4: Uses and Use Specific Standards
o Table 4.2.1: Principal Use Table
o Table 4.4.3 Accessory Use Table
o Table 4.5.3: Temporary Use Table
BACKGROUND
The proposed amendment seeks to provide an additional tool for redevelopment of the Cape Fear
and Northeast Cape Fear riverfront properties. The proposed district combines concepts from the
existing Riverfront Mixed Use Planned Development Zoning (RFMU), Urban Mixed- Use Zoning
(UMXZ) and Planned Development (PD) districts.
The Riverfront Urban Mixed-Use Zoning (RUMXZ) district would be a Master Planned Development
district, a type of conditional zoning district that includes a site-specific design (master plan), and
mutually agreed upon conditions can be attached. Master plans for RUMXZ districts are intended
to be in a “bubble” format that illustrate the general location and intensity of the land uses within
the development. Mixed use developments must be constructed in accordance with the standards
established in the approved master plan and must comply with all other applicable development
regulations (stormwater, landscaping, roadways, parking, etc.). Compliance with the master plan
and other applicable regulations is verified during the technical review of an engineer sealed
development proposal.
The applicant’s proposal includes a district size requirement between 5 and 10 acres; allows for a
maximum by-right height of 240 feet; and accommodates a maximum density of 100 units per
acre, when vertically integrated as part of a mixed-use building. Aside from dimensional standards,
the district prescribes architectural and design elements, and promotes multi modal transportation
options. Similar to the existing mixed use zoning districts, the proposed district would be established
with a master plan of development, approved by the County Commissioners.
TA21-04 Staff Summary PB 11.4.2021 Page 2 of 6
The portion of the unincorporated area that would qualify for this district has generally retained
the initial 1970’s industrial zoning to date. However, to the east, across the Northeast Cape Fear
River, lies the urban downtown core of the City of Wilmington, with primarily CBD, Central Business
District zoning and generally higher intensity uses.
In 2007, New Hanover County adopted a new zoning district, the Riverfront Mixed Use (RFMU)
district, specifically to apply to properties along the west bank of the Cape Fear and Northeast
Cape Fear Rivers. This staff-led amendment was a collaborative effort with the City of Wilmington
and numerous stakeholder groups and was initiated in response to increasing interest in
development along the west bank across from downtown Wilmington. Height standards and other
regulations were established in order to reflect the development of downtown, take into account
environmentally sensitive areas, and provide for quality development that would provide a
community benefit. Specific requirements included provisions for a public Riverwalk, similar to the
one on the east bank of the river.
Since that time, this district has only been applied to one piece of property, and an RFMU-zoned
development has never been completed. During the Unified Development Ordinance (UDO) Project
process, staff reviewed the RFMU district and found that some of the regulations included in the
district, such as the requirements regarding mix of uses, lot coverage, architectural features, and
timeline for start of construction, may have reduced the likelihood that the district would be used.
Staff made a decision to focus on the new Urban Mixed-Use Zoning (UMXZ) and Planned
Development (PD) districts as alternatives to achieve similar high-quality developments in this area
of the county.
The proposed RUMXZ district combines several of the features of the RFMU and UMXZ districts. It
is intended to apply for properties too small for PD zoning, which requires a minimum of 10 acres.
The architectural standards would allow for more urban structures than currently allowed in RFMU
and more residential density than allowed in either the RFMU or UMXZ districts. However, building
heights are similar to those provided for in the current RFMU district.
Dimensional differences for the unincorporated jurisdiction’s existing mixed-use districts and the
applicant’s proposed RUMXZ are outlined in the chart below.
TA21-04 Staff Summary PB 11.4.2021 Page 3 of 6
Dimensional
Standards
RFMU
(Current NHC
riverfront zoning
district)
PD
(Current NHC
mixed-use zoning
district))
UMXZ
(Current NHC
mixed-use
zoning district)
RUMXZ
(Proposed text
amendment,
pending review)
District size N/A Minimum 10 acres Minimum 5
acres
Minimum 5 acres
N/A Maximum 10
acres
Setback
from
residential
Buildings < 50 feet,
equal to building
height adjacent to
residential
Established in MPD
with a minimum
20-foot periphery
setback for
residential uses
and 35 feet for
industrial uses
35 feet for
buildings < 35
feet in height
adjacent to
residential
35 feet for
buildings < 35
feet in height
adjacent to
residential
50 feet for
buildings > 50 feet
adjacent to
residential
45 feet for
buildings > 35
feet in height
adjacent to
residential
45 feet for
buildings > 35
feet in height
adjacent to
residential
Street
setback
16 feet Established in MPD 10 feet* 10 feet*
Maximum
height **
150 feet, not
including up to 60
feet for structured
parking
40 feet 4 stories or 45
feet along
arterial streets
by right and
75 feet with a
special use
permit
240 feet,
including
structured parking
Performance Bonus:
Additional 30 feet
in height allowed if
dedication of
private land area
for public use is
greater than the
required 10%
minimum
75 feet within the
height restriction
overlay area
directly across from
COW Historic
District
Maximum height
does not apply for
agricultural or
industrial uses.
2 stories or 35
feet along
residential and
collector streets
Maximum height
for parcel located
in the Urban
Mixed Use,
Community Mixed
Use, or
Employment
Center place
types
5 stories or 55
feet if
structured
parking is
provided along
arterial and
collector streets
Maximum
hospitality
density
N/A N/A N/A
50 units/acre
TA21-04 Staff Summary PB 11.4.2021 Page 4 of 6
Dimensional
Standards
RFMU
(Current NHC
riverfront zoning
district)
PD
(Current NHC
mixed-use zoning
district))
UMXZ
(Current NHC
mixed-use
zoning district)
RUMXZ
(Proposed text
amendment,
pending review)
Maximum
density
Required mix of
uses dictates density
maximum
Maximum density
inside the Urban
Mixed Use place
type is established
in the MPD.
15 units/acre
for single-
family
residential units
50 units/acre
Maximum density
outside of the
Urban Mixed Use
place type is 17
units per acre.
25 units/acre
for multifamily
residential units
100 units/acre
with vertical
mixed-use
buildings 36 units/acre
for vertical
mixed-use
buildings
Maximum lot
coverage
50% N/A N/A N/A
Minimum
residential
unit size
750 sq. ft. N/A N/A N/A
** There is currently a text amendment pending to establish the maximum height in mixed use
districts with the master plan during the entitlement process.
Given the proximity of the City limits to the Cape Fear and Northeast Cape Fear riverfront
properties, it is appropriate to include and analyze the existing development pattern and zoning
districts reflected along the east side of the river.
Dimensional Standards CBD
(Existing zoning district east of
Cape Fear River)
UMX
(Existing zoning district
utilized in the downtown core)
District size N/A N/A inside the 1945
corporate limits
5 acres outside of 1945
corporate limits
Setback from residential Buildings < 35 feet: 0
Buildings > 35 feet: 1:1 ratio
5 feet or the average front
setback in the front no more
than 10 feet;
Side and rear setbacks
require a minimum of 5 feet
Street setback At least 50% of the building
shall be setback 5 feet from
property line. Remaining 50%
subject to a maximum depth
of 15% of height.
Maximum of 10 feet
TA21-04 Staff Summary PB 11.4.2021 Page 5 of 6
Dimensional Standards CBD
(Existing zoning district east of
Cape Fear River)
UMX
(Existing zoning district
utilized in the downtown core)
Maximum height CBD Height Map dictate
minimum and maximum by
right.
(240 feet for the area north
of Red Cross Street)
35 feet for buildings < 35
feet in height adjacent to
residential
45 feet for buildings > 35
feet in height adjacent to
residential
Maximum hospitality density N/A N/A
Maximum density N/A 15 units/acre for single-
family residential units
Maximum lot coverage N/A 25 units/acre for multifamily
residential units
Minimum residential unit size N/A No cap for vertical mixed-use
buildings
The vision for the development pattern provided for in the RFMU district was incorporated into the
Comprehensive Plan, as the areas on the west bank across from downtown Wilmington were
designated as an Urban Mixed Use place type, the land use classification with the most residential
density and urban pattern outlined on the plan's Future Land Use Map.
The proposed district does not provide a unique tool that is not currently offered in the County’s
planning jurisdiction. Instead, the proposed district would provide for an updated version of the
RFMU district, which was not modified during the UDO project. While the proposed height is not
currently on the ground, the potential exists with the RFMU zoning district and the maximum density
is consistent with the east side of the river. Further, the dimensional standards paired with the
purpose statement of the district limit the riverfront properties that could apply for this mixed-use
master plan district to those across from downtown areas where similar development intensity is
permitted.
PROPOSED AMENDMENT
The applicant’s proposed text amendment is attached, with red italics indicative of staff’s suggested
edits and commentary.
STAFF RECOMMENDATION
Staff recommends approval, with suggested edits, of the requested amendment and suggests the
following motion:
I move to recommend APPROVAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to establish the Riverfront Urban Mixed-Use Zoning
(RUMXZ). I find it to be CONSISTENT with the purpose and intent of the 2016
Comprehensive Plan because it promotes a mixture of uses, where appropriate, in an effort
to cluster development and minimize impacts on natural resources. I also find APPROVAL
of the proposed amendment reasonable and in the public interest because it provides an
additional tool for redevelopment of the Cape Fear and Northeast Cape Fear riverfront properties.
TA21-04 Staff Summary PB 11.4.2021 Page 6 of 6
I move to recommend DENIAL of the proposed amendment to the New Hanover County
Unified Development Ordinance to establish the Riverfront Urban Mixed-Use Zoning
(RUMXZ). While I find it to be CONSISTENT with the purposes and intent of the
Comprehensive Plan because it promotes a mixture of uses, where appropriate, in an effort
to cluster development and minimize impacts on natural resources, I find DENIAL of the
proposed amendment is reasonable and in the public interest because the proposal is not
consistent with the desired character of the surrounding community and the density and
height will adversely impact the adjacent properties.
3.3.2 ESTABLISHED MIXED USE ZONING DISTRICTS
The mixed use districts established by this UDO are identified in Table 3.3.2 Established
Mixed Use Zoning Districts.
Table 3.3.2: 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
Riverfront Urban Mixed-Use Zoning RUMXZ
3.3.4 3.3.8 RIVERFRONT URBAN MIXED-USE ZONING (RUMXZ)
A. Purpose
The Riverfront Urban Mixed-Use Zoning (RUMXZ) District is established to meet the following
seven primary objectives in the areas of New Hanover County fronting the Cape Fear River or
Cape Fear River Northeast extension in the proximity of the City of Wilmington and those intended
for where urban or community scale mixed use development is envisioned:
• To encourage the efficient mixed use development pattern envisioned in the
Comprehensive Plan fronting the Cape Fear or Cape Fear Northeast Extension. The zone
shall require that all river frontages be of a “living shoreline” as defined by the USACE,
exception will only be allowed when approved for portage for a “river taxi/ferry” service.
• 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 that
allows vistas to the east, City of Wilmington, and west from developed pedestrian
walkways, bicycle paths, and Riverwalk. The zone must provide 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;
Encourage a mix of uses that fosters a sense of community and create a
destination for residents and visitors alike.
The district regulations include design elements intended to enhance the urban form, increase
neighborhood safety, through the adaptation of ncpc crime prevention through environmental
design (CPTED) recommendations, and add flexibility for small lot development. Integrated mix of
uses on development sites and within individual buildings is encouraged along the riverfront of the
Cape Fear and Northeast Cape Fear Northeast Extension Rivers. RUMXZ zoning is intended to
promote mixed-use developments on sites large enough to create a mix of uses in the current
Industrial Zoned areas along the Riverfront of the Cape Fear and Northeast Cape Fear Northeast
Rivers in accordance with the NHC Comprehensive Future Use Master Plan. 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 RUMXZ projects shall include a mix of both
residential and nonresidential uses.
D. District Dimensional Standards
Standard All Uses
Minimum district size (acres)
Maximum district size(acres)
5
10
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(including structured parking)
240 feet by-right
Maximum height along residential &
collector streets 240 feet
Maximum height along arterial &
collector streets 240 feet
Maximum Hospitality dwelling density
(dwelling units/acre) 50
Minimum multi-family residential
density (dwelling units/acre) 50
Maximum vertically integrated mixed-
use building density (dwelling and
hospitality units/acre)**
100
*Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement
where an existing easement or significant natural feature exists.
** Hospitality units include units that may be used for either residential or Hotel/Motel purposes.
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. 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.
c. 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 to cast no direct light upon adjacent properties, shall minimize
off-site backlighting glare, and up-lighting. Light posts shall be no taller
than 20 feet. The TRC may approve alterations to these standards in
cases where they cannot be met due to design consideration.
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 in accordance with
Section 5.1.3.
b. Surface parking shall be located to the side, rear or below 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
manner that provides a visual compatibility with adjacent buildings
and environment. All above-grade parking structures shall be
screened by shrubbery or hedges at 4’ to 6’ in height.
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 6 feet along arterial streets and
5 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 6 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.
f. A River Walk shall run in length a minimum of 90% of the river edge.
The specific deign and route shall be developed in conjunction with
the TRC, CAMA and USACE. The Riverwalk may combine raised and
site surface areas to provide a tasteful unique overall design impact.
River observation platforms shall be integrated throughout the walk as
available but at a minimum a river platform shall be included at the
start and end of each unconnected section of the Riverwalk.
Wherever possible Riverwalk’s of independent properties shall be
connected to provide s contiguous overall design concept.
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 RUMXZ 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. Bufferyard and streetyard requirements will be established as
part of the Master Development Plan approval.
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. No Fencing shall be permitted in front yards, all other
fence heights may not exceed 4 feet.
9. Building Design
It is the intent that a commonality of exterior design for all sites within the
scope of the RUMXZ and its adjacent lands be complementary in design
philosophy to develop a unified vista or skyline.
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.
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 or riverwalk.
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 or
riverwalk. Finish materials shall include: Smooth exterior reflective
energy rated glass rain screen systems: complementary metal cross
braces or mullions, all non-porous products shall be energy rated. All
exterior finish material must communicate the design philosophy of
energy efficiency in a clean and modern compliment to the basic main
building design. All fit and finish is to be compatible with energy star
design standards. Colors are allowed but limited to those which
compliment the basic main building skins.
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
3.3.2 ESTABLISHED MIXED USE ZONING DISTRICTS
The mixed use districts established by this UDO are identified in Table 3.3.2 Established
Mixed Use Zoning Districts.
Table 3.3.2: 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
Riverfront Urban Mixed-Use Zoning RUMXZ
3.3.4 3.3.8 RIVERFRONT URBAN MIXED-USE ZONING (RUMXZ)
A. Purpose
The Riverfront Urban Mixed-Use Zoning (RUMXZ) District is established to meet the following
seven primary objectives in the areas of New Hanover County fronting the Cape Fear River or
Cape Fear River Northeast extension in the proximity of the City of Wilmington and those intended
for where urban or community scale mixed use development is envisioned:
• To encourage the efficient mixed use development pattern envisioned in the
Comprehensive Plan fronting the Cape Fear or Cape Fear Northeast Extension. The zone
shall require that all river frontages be of a “living shoreline” as defined by the USACE,
exception will only be allowed when approved for portage for a “river taxi/ferry” service.
• 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 that
allows vistas to the east, City of Wilmington, and west from developed pedestrian
walkways, bicycle paths, and Riverwalk. The zone must provide 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;
Encourage a mix of uses that fosters a sense of community and create a
destination for residents and visitors alike.
The district regulations include design elements intended to enhance the urban form, increase
neighborhood safety, through the adaptation of ncpc crime prevention through environmental
design (CPTED) recommendations, and add flexibility for small lot development. Integrated mix of
uses on development sites and within individual buildings is encouraged along the riverfront of the
Cape Fear and Northeast Cape Fear Northeast Extension Rivers. RUMXZ zoning is intended to
promote mixed-use developments on sites large enough to create a mix of uses in the current
Industrial Zoned areas along the Riverfront of the Cape Fear and Northeast Cape Fear Northeast
Rivers in accordance with the NHC Comprehensive Future Use Master Plan. 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 RUMXZ projects shall include a mix of both
residential and nonresidential uses.
D. District Dimensional Standards
Standard All Uses
Minimum district size (acres)
Maximum district size(acres)
5
10
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(including structured parking)
240 feet by-right
Maximum height along residential &
collector streets 240 feet
Maximum height along arterial &
collector streets 240 feet
Maximum Hospitality dwelling density
(dwelling units/acre) 50
Minimum multi-family residential
density (dwelling units/acre) 50
Maximum vertically integrated mixed-
use building density (dwelling and
hospitality units/acre)**
100
*Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement
where an existing easement or significant natural feature exists.
** Hospitality units include units that may be used for either residential or Hotel/Motel purposes.
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. 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.
c. 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 to cast no direct light upon adjacent properties, shall minimize
off-site backlighting glare, and up-lighting. Light posts shall be no taller
than 20 feet. The TRC may approve alterations to these standards in
cases where they cannot be met due to design consideration.
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 in accordance with
Section 5.1.3.
b. Surface parking shall be located to the side, rear or below 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
manner that provides a visual compatibility with adjacent buildings
and environment. All above-grade parking structures shall be
screened by shrubbery or hedges at 4’ to 6’ in height.
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 6 feet along arterial streets and
5 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 6 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.
f. A River Walk shall run in length a minimum of 90% of the river edge.
The specific deign and route shall be developed in conjunction with
the TRC, CAMA and USACE. The Riverwalk may combine raised and
site surface areas to provide a tasteful unique overall design impact.
River observation platforms shall be integrated throughout the walk as
available but at a minimum a river platform shall be included at the
start and end of each unconnected section of the Riverwalk.
Wherever possible Riverwalk’s of independent properties shall be
connected to provide s contiguous overall design concept.
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 RUMXZ 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. Bufferyard and streetyard requirements will be established as
part of the Master Development Plan approval.
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. No Fencing shall be permitted in front yards, all other
fence heights may not exceed 4 feet.
9. Building Design
It is the intent that a commonality of exterior design for all sites within the
scope of the RUMXZ and its adjacent lands be complementary in design
philosophy to develop a unified vista or skyline.
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.
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 or riverwalk.
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 or
riverwalk. Finish materials shall include: Smooth exterior reflective
energy rated glass rain screen systems: complementary metal cross
braces or mullions, all non-porous products shall be energy rated. All
exterior finish material must communicate the design philosophy of
energy efficiency in a clean and modern compliment to the basic main
building design. All fit and finish is to be compatible with energy star
design standards. Colors are allowed but limited to those which
compliment the basic main building skins.
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