Title
Ordinance Amending the Land Development Code, Chapter 18, for Various Amendments Related to Legacy District Standards and Exceptional Design
(LDC-2-824)
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 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, §18-587 of the City’s Land Development Code (LDC”); and,
WHEREAS, the amendments set out below are intended to correct minor errors, provide clarifications, and correct issues discovered in the LDC.
THEREFORE, BE IT ORDAINED:
SECTION 1: Chapter 18, Article 2, §18-102 is hereby amended to allow density bonuses for exceptional design within the MX(L) district and read as follows:
“Section 18-102: Legacy districts
Upon the effective date of this ordinance, the following districts shall become legacy districts. Any property zoned as a legacy district, zoned as such prior to the adoption of this ordinance, shall conform to the standards of the land development code in effect as of November 30, 2021. Any property zoned as a legacy district shall be shown on the official zoning map with an (L) following the zoning district name (e.g., R-20(L), MF-H(L)). New legacy districts shall not be added to the zoning map.
For all legacy districts, the density limits established in the land development code (effective November 30, 2021) for areas located within watershed resource protection and conservation areas, as identified by the 2006 CAMA Land Use Classification Map, shall not apply.”
SECTION 2: Chapter 18, Article 4, §18-300 is hereby amended to delete subsection (C) related to applicability of provisions to MX districts and renumber the following subsection as follows:
“Section 18-300: Applicability
This division applies to development within areas classified as watershed resource protection or conservation areas on the Coastal Area Management Act (“CAMA”) land classification map and will be used to determine increases in allowable impervious coverage.
A. In areas identified as watershed resource protection or conservation on the most recently adopted CAMA land classification map, impervious surface area for any development is limited to 25 percent of the total buildable area with allowable increases subject to the conditions in this division.
B. Impervious surface area for any redevelopment project that meets all current standards of this chapter is limited to the existing impervious area, with allowable increases in coverage subject to the conditions in this division.
C. The following developments shall be exempt from the 25 percent cap on impervious surface area without meeting the exceptional design criteria. Any redevelopment project that exceeds 50 percent new or existing developed impervious area shall not be exempt.”
SECTION 3: This ordinance shall be effective immediately upon its adoption.