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Article3_Unified Development Ordinance_Updated_03-21-2022 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 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 usually required to be placed above the roof level and not intended for human occupancy. 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] 3-6 New Hanover County, NC | Unified Development Ordinance 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 units shall be spaced a minimum of 10 feet from each other. [11-16-2020] 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 It shall be unlawful for any person to store, keep, or maintain more than one inoperative motor vehicle in any residential district. 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, 3-42 New Hanover County, NC | Unified Development Ordinance 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. 3-44 New Hanover County, NC | Unified Development Ordinance 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. Unified Development Ordinance | New Hanover County, NC 3-45 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 *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 3-46 New Hanover County, NC | Unified Development Ordinance 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. 3-48 New Hanover County, NC | Unified Development Ordinance 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 3-50 New Hanover County, NC | Unified Development Ordinance 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; 3-52 New Hanover County, NC | Unified Development Ordinance 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. 3-54 New Hanover County, NC | Unified Development Ordinance 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: 3-56 New Hanover County, NC | Unified Development Ordinance 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. Unified Development Ordinance | New Hanover County, NC 3-57 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. 3-58 New Hanover County, NC | Unified Development Ordinance 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. 3-60 New Hanover County, NC | Unified Development Ordinance 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. 3-62 New Hanover County, NC | Unified Development Ordinance 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. 3-64 New Hanover County, NC | Unified Development Ordinance 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 Unified Development Ordinance | New Hanover County, NC 3-65 development or prior to completion of more than 24 units. A progress 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] 3-66 New Hanover County, NC | Unified Development Ordinance Table 3.3.6.E.1: Exceptional Design Core Requirements 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 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. 3-68 New Hanover County, NC | Unified Development Ordinance 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. 3-70 New Hanover County, NC | Unified Development Ordinance 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 3-72 New Hanover County, NC | Unified Development Ordinance 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 * 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 units shall be spaced a minimum of 10 feet from each other. [11-16-2020] 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. i. Properties located adjacent to minor or major arterials as identified on the most recent officially adopted WMPO Functional Classification Map shall be limited to total signage of 75 square feet in surface area. [05-03-2021] ii. One sign of an advertising nature depicting the name or nature of a product, service, or business located on that premises shall be permitted on any property in the O&I District. Such signs shall be limited to 12 square feet in surface area and shall not exceed the 3 2 2 1 1 3-86 New Hanover County, NC | Unified Development Ordinance height of the principal structure on the premises. Such signs, if illuminated, shall be indirectly illuminated with the source of light concealed from the view of any public street or residential lot. iii. 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. 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. D. District Dimensional Standards 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*** * 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. Unified Development Ordinance | New Hanover County, NC 3-93 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. 1 1 2 2 3 3-94 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 3-96 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 3 2 2 1 1 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.