Title
Ordinance Amending the Official Zoning Maps of the City of Wilmington to Rezone Properties Containing 2.82 Acres Located at 1107 & 1109 S. Front Street; 1106 & 1112 S. 2nd Street; and 101, 104, 108, 112, 114, 115, & 116 Marstellar Street from LI, Light Industrial and R-3, Medium-High-Density Mixed Residential District to UMX, Urban Mixed-Use District
(Z-3-824)
Body
LEGISLATIVE INTENT/PURPOSE:
WHEREAS, N.C.G.S. §§160D-102, 160D-108(d), 160D-603, and 160D-702 authorize local governments to change or modify zoning boundaries within their jurisdiction; and,
WHEREAS, the amendment set out below is made in accordance with N.C.G.S. §160D-601, and Article 7, Divisions 1 and 2, of the City of Wilmington Land Development Code (“LDC”).
THEREFORE, BE IT ORDAINED:
SECTION 1: The official zoning maps of the City of Wilmington are hereby amended by removing the hereinafter described property from the present LI, Light Industrial and R-3, Medium-High-Density Mixed Residential District, putting it in the UMX, Urban Mixed-Use District, said property containing 2.82 acres, located at 1107 & 1109 S. Front St., 1106 & 1112 S. 2nd St., and 101, 104, 108, 112, 114, 115, & 116 Marstellar St., and being more particularly described as follows:
Beginning at a point at the intersection of the western right of way of S. 2nd Street (66' public right of way) with the northern right of way of Marstellar Street (66' public right of way): Proceed from said point of beginning S 06°07'27" E a distance of 66.00' to the intersection of said western right of way of S. 2nd Street with the southern right of way of said Marstellar Street thence continuing with said western right of way S 6°07'27" E a distance of 66.00' to a point; thence leaving said right of way S 83°52'33" W a distance of 247.37' to a point ;thence N 06°07'27" W a distance of 66.00' to a point on the southern right of way of said Marstellar Street; thence N 06°07'27" W a distance of 66.00' to a point on said northern right of way of Marstellar Street; thence with the northern right of way of Marsteller Street S 83°52'33" W a distance of 83.18' to the eastern right of way of S. Front Street (66' public right of way); thence with said eastern right of way N 6°07'27" W a distance of 284.00' to a point; thence leaving said eastern right of way N 87°56'40" E a distance of 281.87' to a point; thence N 83°52'33" E a distance of 49.11' to a point in said western right of way of S. 2nd Street; thence with said western right of way S 06°11 '08" E a distance of 264.00' to the point of beginning and containing 2.82 acres.
SECTION 2: The City is authorized to change the zoning maps on file in the office of the City Clerk, so as to make them comply with this ordinance.
SECTION 3: Any person violating the provisions of this ordinance shall be subject to the penalties set forth in Section 18-648 of the LDC.
SECTION 4: All ordinances or parts of ordinances in conflict with this ordinance are hereby repealed to the extent of such conflict.
SECTION 5: If any section, subsection, paragraph, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable, and such holding shall not affect the validity of the remaining portions hereof.
SECTION 6: This ordinance shall be effective immediately upon its adoption.