article 5. zoning district regulations - City of Wilmington

Land Development Code
City of Wilmington
Sec. 18-212. SHOD, Special Highway Overlay District.
(a) Purpose. The purpose of the Special Highway Overlay District (SHOD) is to
protect the natural beauty and scenic vista that exists along interstate highways and
other specifically designated roadways that serve as major accesses and gateways into
the City of Wilmington. Protection of these roadways is important and necessary to
maintain and preserve the undisturbed roadsides that are characterized by their natural
woodlands and open spaces. The continued protection of these scenic highways is
also a valuable asset t o the tourism economy and enhances the attractiveness of the
area for trade and investment.
The Special Highway Overlay District shall be in addition to any other zoning
districts where applied so that any parcel of land lying in a SHOD may also lie in one
(1) or more of the zoning districts provided for by this ordinance. The development of
all uses permitted by right or by special use permit in the underlying district, if any,
shall be subject to the requirements of both the SHOD and the underlying zoning
district. In the event the SHOD requirements conflict with the underlying district
requirements, the requirements of the SHOD shall take precedence. If specified by the
underlying district, the requirements of the underlying district shall be followed.
(b) Applicability. It is hereby required that all nonresidential structures, buildings
and improvements to property located within the SHOD comply with the following
regulations. Access roads, utility (communications, gas, electrical, sanitary services)
structures and governmental structures are exempt from the requirements. The
procedures for establishing a SHOD district zoning shall be the same as those for
establishing or amending any other zoning district. For the purposes of this section,
the SHOD is defined as all property fronting on the portions of the following streets,
roads or highways as shown on the City's official zoning maps:
Eastwood Road
Military Cutoff Road
The SHOD regulations applicable to the following roadway shall be limited to Sec.
18-212. SHOD, Special Highway Overlay District.(h), Signs:
Martin Luther King Jr. Parkway
(c) Setback requirements. All nonresidential buildings and accessory uses shall be
set back no less than one hundred (100) feet from the right-of-way of the designated
highway. No building shall be located less than twenty-five (25) feet from any
property line. However, the setback may be reduced for those buildings, accessory
uses and off-street parking by a maximum of twenty-five (25) percent if the project
provides additional plantings along the right-of-way. At a minimum, these plantings
shall consist of one (1) deciduous or evergreen tree of at least three-inch caliper for
every forty (40) feet of road frontage. These streetscape trees must be selected and
planted in accordance with Article 8 of this chapter. Plantings must be located in the
first ten (10) feet of land adjacent to and parallel to the right-of-way except that
plantings may be moved outside this area if it is determined that overhead power lines
would interfere with the tree's natural growth.
(d) Enclosed facilities. All manufacturing, offices, wholesaling, retail sales, and
related storage shall be conducted within an enclosed building, except that the display
ARTICLE 5. ZONING DISTRICT REGULATIONS Page 113