title
Ordinance Amending the Land Development Code, Chapter 18, to Allow for Semi-Permanent Structures to be Permitted with Conditions in the Central Business District
(LDC-5-426)
body
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Department: |
Planning & Development |
Meeting Date: |
5/4/2026 |
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Contact Name: |
Grace Lamay |
Public Hearing: |
Yes |
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Contact Phone: |
910-341-0186 |
Advertising Date/Advertised By: |
4/24/2026 and 5/1/2026; StarNews |
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Attachments: |
Attachment #1: Ordinance; Attachment #2: Case Summary; Attachment #3: LDC Amendment Application; Attachment #4: Planning Commission Recommendation; Attachment #5: Draft Planning Commission Minutes |
PURPOSE:
The proposed amendment would establish “semi-permanent structure” as a distinct accessory use in the Land Development Code (“LDC”) and establish conditions under which semi-permanent structures would be permitted in the Central Business District (“CBD”).
BACKGROUND:
The LDC includes detailed design standards intended to guide the character and quality of new development in the CBD. These standards were clearly written with primary buildings in mind. As a result, smaller accessory structures or minor ancillary features are not specifically addressed and are instead held to the same requirements as principal structures. This creates a mismatch between the scale and function of these structures and the level of design regulation applied to them.
Requirements related to fenestration, materials, minimum building height, maximum setback from the street, and building articulation may be unnecessary or even infeasible for small-scale structures that are semi-permanent and ancillary to primary uses. By distinguishing between primary and semi-permanent structures, the City can maintain its commitment to high-quality design while allowing flexibility for smaller, secondary, use-specific features. To address this, the applicant proposes creating a new defined use for “semi-permanent structures” that are not permanently affixed to the ground nor readily movable. Under the proposal, semi-permanent structures would be permitted only as an accessory use to restaurant or nightclub uses located in a principal building that existed as of the date of the amendment. Additional criteria have been established to address the structure's aesthetics and minimize impacts on the downtown streetscape.
The Planning Commission held a legislative hearing on April 1, 2026, and had substantial discussion regarding the proposal regarding building placement and design. After discussion, the Commission voted unanimously to recommend approval of the proposed amendment, subject to additional conditions regarding building orientation along primary frontages.
budget
BUDGET IMPACT:
N/A
recommendation
RECOMMENDATION / ACTION REQUESTED:
Staff recommends approval of the proposed amendment to the Land Development Code, based on consistency with the Create Wilmington Comprehensive Plan, particularly policies 5.3.5, 5.3.8, and 10.1.3.