Title
Ordinance Amending the Land Development Code, Chapter 18 for Various Amendments and Clean-up Items Related to Permitted Uses, Dimensional Requirements, Site Design, Parking, Signs, and Landscaping
(LDC-5-124)
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, the City of Wilmington desires to have a modern land development code 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 NCGS Sections 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 NCGS Section 160D-601 and Article 7, Section 18-587 of the Land Development Code; and,
WHEREAS, the amendments set out below are intended to correct minor errors, provide clarifications, and correct issues discovered during implementation of the new Land Development Code.
THEREFORE, BE IT ORDAINED:
SECTION 1: Chapter 18, Article 2, Table 18-19.2 is hereby amended to make urban farms a use permitted with conditions (C) in the R-3, R-5, R-7, R-10, and R-15 districts.
SECTION 2: Chapter 18, Article 2, Table 18-19.2 is hereby amended to make dwelling unit-attached: townhouse a use permitted with conditions (C) in the R-7 district.
SECTION 3: Chapter 18, Article 2, Table 18-19.2 is hereby amended to make vehicle repair and service, major a permitted use (P) in the LI district.
SECTION 4: Chapter 18, Article 2, Table 18-27 is hereby amended to make urban farms a use permitted with conditions (C) in the R-3, R-5, R-7, R-10, and R-15 districts.
SECTION 5: Chapter 18, Article 2, Table 18-27 is hereby amended to make dwelling unit-attached: townhouse a use permitted with conditions (C) in the R-7 district.
SECTION 6: Chapter 18, Article 2, Section 18-28(A)(1) is hereby amended to read as follows to clarify that minimum lot area requirements can be measured from the parent tract for duplex, triplex, quadraplex and townhouse uses and delete redundant language.
“1. Where duplex, triplex, quadraplex, or townhouse uses are permitted, the minimum lot area and width may be measured from the parent lot lines (see Figure 18- 28.3: Minimum lot width for attached units). Setbacks for such attached units shall be applied to the overall building and not to each individual unit (see Figure 18-28.4: Setbacks for attached units).”
SECTION 7: Chapter 18, Article 2, Table 18-87 is hereby amended to make Vehicle repair and service, major, a permitted use (P) in the LI district.
SECTION 8: Chapter 18, Article 3, Section 18-141(C) is hereby amended as follows to add a new subsection (3) establishing standards for townhouse units in the R-7 district:
“C. Triplex, quadraplex
1. All buildings shall front on a public right-of-way.
2. If a parking lot is provided, it shall not be located between the front of the building and the right-of-way (see Figure 18-141: Off-street parking location).
3. In the R-7 district, townhouse units up to 4 units shall be permitted, provided the parent lot contains the minimum lot area required per unit.”
SECTION 9: Chapter 18, Article 3, Section 18-174(C)(3)(a) is hereby amended to read as follows to limit the type of sales that can occur on urban farms in residential districts:
“3. In residential districts:
a. If on-premises sales are included:
i. Off-street parking shall be provided at a ratio of one parking space per 5,000 square feet of sales area. Sales area shall include any area for pick your own sales, dedicated sales buildings or structures, and dedicated open-air sales areas.
ii. Sales shall be limited to products grown on-site.”
SECTION 10: Chapter 18, Article 5, Section 18-340(A)(3)(a) is hereby amended to read as follows:
“a. Except for bicycle parking in the UMX zone, there are no minimum parking requirements. Parking shall not exceed the maximum parking requirements established for any use in article 5 of this chapter.”
SECTION 11: Chapter 18, Article 5, Section 18-386(B)(2) is hereby amended to read as follows to exempt local government signage on city- or county-owned properties from the sign regulations:
“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 12: Chapter 18, Article 5, Section 18-389(A)(3) is hereby amended to read as follows to clarify wall sign requirements in the CBD, UMX , and MX districts:
“3. Within the CBD, UMX, and MX districts:
a. One ground-floor wall sign per building entrance at a ratio of one square foot of sign area per linear foot of that individual building facade fronting on a public street or alley, up to a maximum of 25 square feet per sign may be permitted (see Figure 18-389.3: CBD, UMX, and MX wall signs).
b. In lieu of individual occupant wall signs, commercial buildings not exceeding 10,000 square feet of gross floor area are permitted:
i. Up to three wall signs per building;
ii. Up to 200 square feet in combined area of wall signs; and
iii. No more than one wall sign per façade above the ground floor.
c. Commercial buildings with a gross floor area over 10,000 square feet are permitted:
i. One ground-floor wall sign per building at a ratio of one square foot of sign area per linear foot of that individual building façade fronting on a public street or alley, up to a maximum of 25 square feet per sign; and
ii. Up to four wall signs provided the combined area of all wall signs above the ground floor does not exceed 250 square feet in area and there are no more than two wall signs per façade above the ground floor.
iii. If such commercial buildings are five or more stories in height, one additional wall sign shall be permitted above the fourth-floor facade, provided the combined area of all wall signs does not exceed 250 square feet in area and there are no more than two wall signs per façade above the ground floor.”
SECTION 13: Chapter 18, Article 5, Table 18-407.2 is hereby amended to apply the pedestrian access and signage requirements to the semi-urban parkway frontage type in addition to the semi-urban frontage type.
SECTION 14: Chapter 18, Article 5, Section 18-435 (C)(8)(e) is hereby amended to read as follows to clarify that driveways and parking spaces are limited to a maximum of one-third of the total lot width:
“e. For a depth of 40 feet from the street frontage of the parent lot, driveways and parking spaces shall occupy no more than one-third of the total lot width.”
SECTION 15: Chapter 18, Article 8, Section 18-687 is hereby amended to read as follows to revise the definition of critical root zone to be consistent with other code provisions:
“Critical root zone (CRZ)
A radius around a tree equal to one foot for every 1.25 inches of tree trunk measured in diameter at breast height.”
SECTION 16: Chapter 18, Article 8, Section 18-688 is hereby amended to read as follows to clarify the definition of Dwelling Unit: B. Attached-Townhouse:
“Townhouse
A dwelling unit constructed in a group of at least three but not more than 10 attached units on the same parent lot in which each unit extends from foundation to roof and with a yard or public way on not less than two sides.”
SECTION 17: Chapter 18, Article 8, Section 18-693 is hereby amended to read as follows to revise the definition of Tree: D. Significant to be consistent with other code provisions:
“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).”
SECTION 18: That this ordinance shall be effective immediately upon its adoption.