article 5. zoning district regulations - City of Wilmington

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Land Development Code City of Wilmington Independence Boulevard, George Anderson Drive, and Carolina Beach Road (hereinafter the "study area"), the following regulations shall apply. (a) For all new residential and nonresidential construction within the study area, the following standards shall apply: (1) Administrative. a. No use which requires a special use permit based on the underlying zoning district regulations shall be allowed within the study area except for planned unit developments (PUDs). b. The inspection and maintenance plans or agreement(s) required under Sec. 14-797 herein for regional retention ponds shall specify the percent of impervious surface permitted for the undeveloped areas. c. Traffic impact studies shall be required for all use or zoning changes which increase density or change residential use or zoning to nonresidential use or zoning. The cost of such studies shall be paid by the applicant for the use or zoning change. d. Based on the above traffic impact study, any development proposal which requires improvements to be made to the existing roadway system in the study area to accommodate the development shall be made by the owner, or a payment in-lieu of such improvement based on the cost of the required improvements, shall be made to the City of Wilmington to cover the cost of the improvements. e. The owners or developers shall construct acceleration/deceleration lanes to all driveways along Independence Boulevard and South 17th Street where deemed necessary by the City. f. The owners or developers shall provide pedestrian access as an interconnected network of sidewalks throughout the study area. (2) Character/design. a. The owners or developers of property in the study area shall provide for underground utilities. b. Signs shall comply with the underlying zoning district regulations. c. All developments shall be in compliance with the greenway plan presented to the City Council on March 3, 1992. d. The dedication of a network of bikeways and open space in compliance with Sec. 18-383 herein is the minimum required to comply with the greenway plan. e. There shall be a variety of housing types and price ranges throughout the study area including: 1. apartments 2. condominiums 3. duplexes 4. garage apartments 5. quadraplexes 6. residential above retail stores or offices 7. single family detached 8. townhouses ARTICLE 5. ZONING DISTRICT REGULATIONS Page 122
Land Development Code City of Wilmington 9. triplexes Affordable housing shall be interspersed throughout the development. Affordable housing is defined as such housing which can reasonably be expected to [be] purchased or rented by persons having income between 80% and 110% of the median income, based on local income levels and prevailing interest rates as provided by the U.S. Department of Housing and Urban Development. (3) Districts and uses. a. Regional business and community business. In the Regional Business District and Community Business District, off-street parking must be located away from street frontage and in the interior of the lot unless the City's planning staff, in the course of site approval, makes a finding that parking between the building and the front set back line will serve the use more effectively than an interior location. b. Multiple family residential-low density. In the multiple family residential low density use portion of the study area, no structure shall exceed thirty-five (35) feet in height. The required off-street parking may be located below the buildings and shall be buffered so as not to be visible from the roadways. c. Single family residential-low density. In the low density single-family residential use portion of the study area, golf courses, and any related shops shall not be allowed. No garages, carports or parking slabs shall be allowed within the front yard of any single-family lot. A garage, carport or parking slab placed in an interior side yard shall be even with the front elevation of the principal structure or located behind or adjacent to the rear elevation of the principal structure. d. Minimum buffer. In the study area, a minimum fifty (50) foot buffer shall be provided along Carolina Beach Road in the multifamily, NR and O&I uses or districts and along South 17th Street in the multifamily uses or districts and surrounding the retention/detention ponds on Independence Boulevard and near Carolina Beach Road. e. Planned development district (PD) regulations. The Planned Development District (PD) is established within the study area as a zoning district. In addition to the other study area regulations and standards, an owner/applicant shall develop a tract in the PD District in accordance with the following regulations: 1. Purpose. The Planned Development District is established within the study area as a zoning district to foster the mixture of residential, business, retail, office and institutional uses, which will provide living, working and shopping in close proximity and a sense of community. It is designed to promote economical and efficient patterns of land use which are sensitive to natural features and site amenities and which decrease automobile travel time and trip length and increase other modes of travel such as walking and bicycling. The PD District is intended to provide flexibility for ARTICLE 5. ZONING DISTRICT REGULATIONS Page 123
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