Title
Ordinance Amending the Land Development Code, Chapter 18 Related to
Various Items, Changes to Definitions, and Amendments
Related to Parking Facility Design
(LDC-3-824)
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, the City of Wilmington desires to have a modern land development code (“LDC”), consisting of all of the City’s major land development and land use regulations in one unified document; and,
WHEREAS, the City is authorized by the General Statutes of North Carolina, including Chapter 160D, to enact land use ordinances; and,
WHEREAS, local governments are authorized by N.C.G.S. §§160D-102, 160D-108(d), 160D-603, and 160D-702, to amend ordinances regulating land use within their jurisdiction; and,
WHEREAS, the amendment set out below is made in accordance with N.C.G.S. §160D-601, and Article 7, Section 18-587 of the LDC; and,
WHEREAS, the amendments set out below are intended to correct minor errors, provide clarifications, and correct issues discovered during implementation of the LDC; and,
WHEREAS, the amendments set out below are intended to remove the motorcycle and moped parking requirement, and to add standards that would allow these spaces to be counted towards satisfying parking requirements if a developer chooses to include them.
THEREFORE, BE IT ORDAINED:
PART A: CLARIFICATIONS AND CORRECTIONS
SECTION A.1: Chapter 18, Article 2, Table 18-43.1: “Urban mixed-use district dimensional standards,” is hereby amended, as shown in Attachment A, to revise the unit of measurement for minimum lot area.
SECTION A.2: Chapter 18, Article 3, Table 18-198: “Accessory uses by zoning district” is hereby amended, as shown in Attachment A, to allow accessory buildings and structures as “permitted with conditions” (“C”) within the MH, Manufactured housing district, and to prohibit accessory dwelling units within the MH, Manufactured housing district.
SECTION A.3: Chapter 18, Article 5, Section 18-386 is hereby amended to read as follows, to delete the incorrect text under purpose and scope:
“Section 18-386: Purpose and scope
A. Purpose
The regulation of signage on public and private property is a legitimate objective to enhance the built environment, reinforce the identity of districts, and balance aesthetics with economic and safety needs. The purpose of this article is to coordinate the type, placement, and physical dimensions of signs such that they do not create unnecessary distraction, visual clutter, sight obstructions, or safety hazards.
B. Applicability
1. This division regulates signs oriented towards and visible from vehicular rights-of-way and signs visible from exterior areas intended for public use. Unless specifically indicated or defined otherwise, the word sign shall refer to an on-premises sign. No sign may be installed, erected, altered, placed, replaced, converted, changed, or otherwise modified except in accordance with the requirements of this division.
2. This division shall not regulate building design, official traffic signs, local government signage on city- or county-owned properties, gravestones, scoreboards on athletic fields, or any display or construction not defined as a sign.”
SECTION A.4: Chapter 18, Article 5, Table 18-390: “Freestanding sign standards,” is hereby amended, as shown in Attachment A, to modify Table 18-390 to add ‘feet’ as the measurement for maximum height for a monument sign, and to add the number of lanes applicable in the O&I district.
SECTION A.5: Chapter 18, Article 8, Section 18-667(A) is hereby amended to read as follows, to correct a spelling error:
“Section 18-667: Vision clearance
A. To maintain an acceptable and safe line of sight for motor vehicle drivers, cyclists, and pedestrians, no parking spaces, fences, walls, posts, lights, shrubs, trees, or other type of obstructions not specifically exempted shall be permitted in the space between 30 inches and above ground and 10 feet above ground level within a triangular sight distance (see Figure 18-667: Vision clearance).
1. All elevation measurements shall be taken from the street surface at the centerline of the applicable street.
2. The required triangular sight distance for any private or public street intersection with a roadway designated as a major thoroughfare in the Technical Standards and Specifications Manual shall be provided in compliance with the American Association of State Highway and Transportation Officials sight distance standards for roadways of similar classifications and design/posted speeds.
3. The required triangular sight distance for any private or public street not listed as a major thoroughfare list the Technical Standards and Specifications Manual shall be designated in that manual.
4. The required triangular sight distance for any non-single-dwelling residential driveway shall be as listed in the Technical Standards and Specific Manual.
5. Where a multiuse path parallels the roadway being entered from either a roadway or driveway, appropriate sight distance triangles shall be provided to allow cyclists on the trail to be seen by vehicles stopped at the stop bar prior to crossing the trail.
6. Triangular sight distance requirements for driveways may be reduced or waived by the city manager on the downstream end of one-way roadways and at one-way driveways entering site.”
PART B: DEFINITIONS
SECTION B.1: Chapter 18, Article 8, Section 18-688, is hereby amended to delete the definition of ‘Flesh cut.’
SECTION B.2: Chapter 18, Article 8, Section 18-691, is hereby amended to delete the definition of ‘Maturing tree.’
SECTION B.3: Chapter 18, Article 8, Section 18-693 is hereby amended to add the definition of ‘Studio’ in alphabetical order to read as follows:
“Studio
A workplace for the display and sales, teaching, or practice of an artistic or athletic discipline.”
SECTION B.4: Chapter 18, Article 8, Section 18-693 is hereby amended to correct the definition of ‘Understory’ tree as follows:
“Tree
A perennial woody plant with a main stem or trunk growing to a minimum height of 12 feet, with branching structure and canopy. To meet the planting requirements of this article, trees are limited to those that are listed as acceptable within the Technical Standards and Specifications Manual or other commonly acceptable species as determined by the city manager.
A. Canopy
Any tree identified in the Technical Standards and Specifications Manual approved plant list with a minimum spread of 30 feet or greater.
B. Cluster
Three or more trees of minimum size of two and one-half inches (diameter at breast height) with overlapping drip line and their associated understory; however, native oaks need not have an overlapping drip line.
C. Regulated
The subsurface roots, crown, and trunk of any self-supporting woody perennial plant such as a large shade or pine tree, which usually has one main stem or trunk, and has a measured caliper as follows:
1. A hardwood tree-Eight inches, such as oak, maple, etc.
2. A pine tree-12 inches, such as long leaf pine
3. Any small flowering tree, such as dogwood, with a measured caliper of at least four inches.
4. Any tree having several stems or trunks, such as crepe myrtle, and at least one defined stem or trunk with a measured caliper of at least two inches.
D. Significant
Hardwood, long leaf pine, pocosin (pond) pine, black pine, and nonpine conifer trees at least 18 inches (diameter at breast height), all other pines at least 24 inches (diameter at breast height), and dogwoods, magnolias, American hollies, and other ornamental flowering trees at least eight inches (diameter at breast height).
E. Significant cluster
A tree cluster wherein one or more of the trees is a significant tree, or a cluster with at least three trees greater than six inches (diameter at breast height) and their associated understory. Additionally, a cluster determined to be significant by virtue of the size of the cluster, type of tree, location, health, or numbers.
F. Specimen
Any live oak, pond cypress, bald cypress, or long leaf pine tree that is 24 inches diameter at breast height or larger.
G. Understory
Tree capable of thriving in the lower light intensities found under the canopy of shade/canopy trees.”
PART C: PARKING FACILITIES DESIGN STANDARDS
SECTION C.1: Chapter 18, Article 5, Section 18-344 (A)(1) is hereby amended to read as follows:
“Section 18-344: Parking facilities design
A. Specific types of parking spaces
In parking facilities where 25 or more parking spaces are provided, including expansions of an existing parking facility, the following shall apply.
1. Motorcycle and moped parking
a. Motorcycle and moped parking spaces may be used to satisfy minimum parking requirements for up to a maximum of five standard parking spaces, where two motorcycle and moped parking spaces are the equivalent of one standard parking space.
b. Motorcycle and moped parking spaces shall not count towards maximum parking limits.
c. Motorcycle and moped parking spaces shall be installed in accordance with the Technical Standards and Specifications Manual.”
SECTION D: That this ordinance shall be effective immediately upon its adoption.