Title
Ordinance Amending the Land Development Code, Chapter 18 Related to
Temporary Use Standards
(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, Sec. 18-587 of the City’s LDC; and,
WHEREAS, the amendment set out below is intended to increase the number of allowable outdoor concert or other entertainment events in the Central Business District (“CBD”).
THEREFORE, BE IT ORDAINED:
SECTION 1: Chapter 18, Article 3, Table 18-229: “Use table for temporary uses” is hereby amended, as shown in Attachment A, to include specific provisions for outdoor concerts or other entertainment events in the CBD.
SECTION 2: Chapter 18, Article 3, Section 18-230(A) is hereby amended to read as follows to add item #3:
“Section 18-230: General standards
The following guidelines shall apply to all the allowable temporary uses.
A. Zoning permit
1. A zoning permit shall be required prior to issuance of a certificate of occupancy.
2. An application for a zoning permit shall demonstrate compliance with all applicable regulations.
3. Each permit shall be valid for one occurrence of the maximum allowable duration for the proposed use.”
SECTION 3: Chapter 18, Article 3, Section 18-230(G)(2) is hereby amended to read as follows:
“2. Review
Applications shall be reviewed by appropriate city officials who may include the city manager, chief of police, traffic engineer, and fire chief, or their designees. Any additional required reviews, including but not limited to building inspections, health department, and fire department are the responsibility of the applicant and shall be obtained prior to commencement of the proposed use.”
SECTION 4: That this ordinance shall be effective immediately upon its adoption.