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2022 Maintenance Amendment -Clarifications Summary Packet Unified Development Ordinance (UDO) Maintenance Amendment – Clarifications Code Sections Affected Section 3.1.3, Superseding Dimensional Standards Section 3.3.3, Planned Development (PD) District Section 3.3.4, Urban Mixed Use Zoning (UMXZ) Section 3.9.6, Office and Institutional (O&I) District Section 3.9.9, Airport Commerce (AC) District Section 4.2.3, Residential Uses Article 5.3.4, Tree Retention Standards Table 5.6.2.J.4.a, Freestanding Sign Standards Section 10.3.11, Variance – Zoning and Subdivision Key Intent Clarify existing ordinance standards and requirements so ordinance users understand the provisions the same way Changes • Include the freestanding sign standards for the Office & Institutional (O&I) district in the same place and format as the provisions for other zoning districts. (See Section 3.9.6, Office and Institutional (O&I) District and Table 5.6.2.J.4.a: Freestanding Sign Standards) • Clarify the applicability of specimen tree standards on existing residential lots. While generally exempt from tree retention standards, dimensional waivers to allow specimen trees to be retained still apply. (See Section 5.3.4, Tree Retention Standards) • Add language specifying that zoning district height maximums are not intended to apply to utility structures, such as power poles and water towers. (See Section 3.1.3, Superseding Dimensional Standards) • Outline provisions for Senior Living: Independent Living Retirement Communities requiring developments comply with the standards required for the type of dwelling unit included, e.g., multi-family standards apply for multi-family independent living projects, single family standards apply for single family independent living projects. (See Section 4.2.3, Residential Uses) • Specify that development standards are eligible for variances regardless of where they are located within the ordinance. (See Section 10.3.11, Variance – Zoning and Subdivision) • Clarify that buildings may be taller than 35 ft. in the Airport Commerce Zone if allowed in the Airport Height Restrictions Standards and approved by the Federal Aviation Agency (FAA). (See Section 3.9.9, Airport Commerce (AC) District) • Add language to make it clear that the minimum acreage required for Planned Development and Urban Mixed Use Zoning Districts must be contiguous. (See Section 3.3.3, Planned Development (PD) District and Section 3.3.4, Urban Mixed Use Zoning (UMXZ)) • Refine building separation requirements for performance residential projects to clarify that attached dwelling units, such as townhomes and duplexes, have the standards as for single family dwellings. (See Section 3.1.3, Superseding Dimensional Standards and Section 3.3.3., Planned Development (PD) District) Provisions updated per September 1, 2022 Planning Board public hearing recommendations are shown in bold blue text or crossed out red, italics. 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Clarifications Article 3: Zoning Districts Section 3.1. General 3.1.3. SUPERSEDING DIMENSIONAL STANDARDS Dimensional standards for each zoning district are in tabular format in this article. Notes within each table provide additional details where necessary, and rules for measuring dimensional standards are in Section 2.1: Measurements. The dimensional standards in this article apply generally, but may be superseded by other standards in this Ordinance, including but not limited to the standards identified in this section. A. Use-Specific Standards Superseding dimensional standards are set forth for some uses in Article 4: Uses and Use-Specific Standards. B. Structural Appurtenances or Utility Structures The height limitations contained in the table of dimensional standards for each zoning district do not apply to antennas, water tanks, ventilators, chimneys, or other appurtenances, which are required to be placed above the roof level and not intended for human occupancy, or utility structures such as utility poles and water towers. C. Additional Standards in Certain Districts When Adjacent to Residential Properties [11-16-2020][11-01-2021] D. Performance Residential 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 Buildings on the periphery of a Performance Residential Development shall setback a minimum of 20 feet from the adjoining property line. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling types shall be spaced a minimum of 10 feet from each other. [11-16-2020] 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Clarifications Section 3.3. Mixed Use Zoning Districts 3.3.4. URBAN MIXED USE ZONING (UMXZ) 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 Maximum distance from any street (feet) 10** Maximum single family residential density (dwelling units/acre) 15 Maximum multi-family residential density (dwelling units/acre) 25 Maximum vertically integrated mixed-use building density (dwelling units/acre) 36 Building height, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan * 5 acres shall be contiguous or separated only by an easement, right of way, or street. ** Front setbacks are not required along alleyways; TRC may waive strict adherence to requirement where an existing easement or significant natural feature exists. 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Clarifications 3.3.7. PLANNED DEVELOPMENT (PD) DISTRICT [09-08-2020] D. District Dimensional and Density Standards [09-08-2020][11-01-2021] Standard Residential Uses Commercial Uses Industrial Uses Minimum district size, under common ownership or joint petition: 10 acres * Building setback from PD District boundary (feet) 20 CB Setback Requirements I-1 Setback Requirements Building setback from pedestrian and bicycle paths (feet) 10 Front setback (feet) Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan Side setback, street (feet) Side setback, interior (feet) Rear setback (feet) Density, maximum (du/acre) ** Intensity, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan Building height, maximum Established in MPD Master Plan in accordance with Section 3.3.3.A, MPD Master Plan * 10 acres shall be contiguous or separated only by an easement, right of way, or street. ** 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 4. Building Separations Standards a. The project shall be designed so as to avoid encroachment into the path of any proposed transportation project included in the Wilmington MPO’s Metropolitan Transportation Plan. b. Multi-family dwelling units shall be spaced a minimum of 20 feet from any part of another dwelling unit. All other dwelling types shall be spaced a minimum of 10 feet from each other. [11-16-2020] 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Clarifications Section 3.4. Commercial and Industrial Districts 3.4.6. OFFICE AND INSTITUTIONAL (O&I) DISTRICT 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 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. 3.4.9. AIRPORT COMMERCE (AC) DISTRICT 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*** Additional height allowance, maximum (feet) 50*** * Any property subdivided and recorded prior to June 1, 1981 may be less than the minimum lot area, provided such lots are located outside of an approach zone for Wilmington International Airport. Any such property located within an airport approach zone may be approved pursuant to a Special Use Permit issued in accordance with 10.3.5: Special Use Permit. ** Determined in accordance with Section 3.1.3.C, Additional Standards in Certain Districts. *** Unless otherwise specified in Section 5.10, Airport Height Restrictions. Any proposed height above 35 ft will require FAA approval that a 7460 be filed with the FAA and an FAA determination of “no hazard.” 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Clarifications Article 4: Uses and Use-Specific Standards Section 4.3. Standard for Specific Principal Uses 4.3.2. RESIDENTIAL USES A. Household Living 12. Senior Living: Independent Living Retirement Community Any independent living retirement community shall comply with the dwelling type standards applicable for the development or unit type. For example, if a multi-family structure is included in the development, the dwelling must comply with multi-family dwelling unit standards. 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Clarifications Article 5: General Development Standards Section 5.3. Tree Retention 5.3.4. TREE RETENTION STANDARDS B. The Planning Director may permit or require a reduction in required street yards, landscape islands, foundation plantings, setbacks, or other dimensional, parking, or landscaping standards for the purpose of retaining significant or specimen trees,. including on single family lots otherwise exempt from these standards. Section 5.6. Signs 5.6.2. GENERAL PROVISIONS J. Signs Which Require a Permit 4. Principal Use Signs a. Freestanding Signs Table 5.6.2.J.4.a: Freestanding Sign Standards Zoning District Number of Lanes Street Frontage (Feet) [1] Front Setback (Min./Max.) (Feet) [2][3] Maximum Primary Sign Height (Feet) Maximum Aux. Sign Height (Feet) Maximum Primary Sign Area (Square Feet) Maximum Auxiliary Sign Area (Square Feet) O&I 2 N/A 10/20 20 10 12 25 4 >100 10/20 20 N/A 75* N/A B-1, PD, CB [09-08- 2020] 2 N/A 10 / 20 20 10 50 25 4 < 100 10 / 20 20 N/A 50 N/A > 100 10 / 20 20 12 65 32 B-2, CS, I- 1, I-2, AC, SC [09-08- 2020] 2 < 100 10 / 20 20 N/A 65 N/A > 100 10 / 25 20 18 100 50 4 < 100 10 / 25 20 N/A 100 N/A > 100 10 / 30 25 20 150 75 > 300 10 / 30 30 20 175 90 NOTES: [1] Number of lanes refers to the ultimate number of lanes based upon existing roadway conditions or upon construction plans approved as part of the current NC DOT Transportation Improvement Program. [2] Notwithstanding the minimum and maximum front setback requirements indicated above, primary freestanding signs which do not exceed six feet in height and are less than 76 percent of the maximum sign area established above, may be located within five feet of the front property line and shall have no maximum front setback. [3] Front Setback refers to the setback from the front or corner side property lines. 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Clarifications 1. Primary. One primary freestanding sign per premises, in accordance with Table 5.6.2.J.4.a: Freestanding Sign Standards. * Signs area for properties located adjacent to minor or major arterials as identified on the officially adopted WMPO Functional Classification Map. Otherwise, the maximum area for 2-lane roadways shall apply. 2022-09 - Unified Development Ordinance (UDO) Maintenance Amendment – Planning Board Public Hearing Draft – Clarifications Article 10. Administrative Procedures Section 10.1. Advisory and Decision-Making Bodies 10.3.11. VARIANCE – ZONING AND SUBDIVISION A. Purpose The purpose of a variance is to allow certain deviations from specified standards of this Ordinance when the landowner demonstrates that, owing to special conditions beyond the landowner’s control (such as exceptional topographical conditions, narrowness, shallowness, or the shape of a specific parcel of land), a literal application of the standards would result in undue and unique hardship to the landowner and the deviation would not be contrary to the public interest. B. Applicability 1. The variance procedure in this section may be used to vary any of the following standards: a. General development standards and Sstandards for maximum height, maximum lot coverage, setbacks, minimum lot area, and minimum lot width for each zoning district in Article 3: Zoning Districts; b. Article 5: General Development Standards; and c. Article 6: Subdivision Design and Improvement.