article 5. zoning district regulations - City of Wilmington

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Land Development Code City of Wilmington GROUP 2: (1) Conservation space setbacks. All structures and impervious surfaces shall be setback from the conservation space, if any, whether the space is located on the parcel or on an adjacent parcel, a distance of at least seventy-five (75) feet. (2) Retention of runoff. In addition to designing the site to control stormwater from a ten-year storm, on-site retention or percolation areas shall be required for the entire parcel sufficient to control, at a minimum, the first 0.75 inch of runoff that will originate from all impervious surfaces anticipated to be on the site upon final development. The specified amount of runoff from impervious surfaces shall be disposed of by percolation into the soil, evaporation, transpiration, or other methods of treatment or handling acceptable to the development management division. GROUP 3: (1) Conservation space setbacks. All structures and impervious surfaces shall be setback from the conservation space, if any, whether the space is located on the parcel or on an adjacent parcel, a distance of at least fifty (50) feet. (2) Retention of runoff. In addition to designing the site to control stormwater from a ten-year storm, on-site retention or percolation areas shall be required for the entire parcel sufficient to control, at a minimum, the first 0.5 inch of runoff that will originate from all impervious surfaces anticipated to be on the site upon final development. The specified amount of runoff from impervious surfaces shall be disposed of by percolation into the soil, evaporation, transpiration, or other methods of treatment or handling acceptable to the City engineering department. GROUP 4: (1) Conservation space setbacks. All structures and impervious surfaces shall be setback from the conservation space, if any, whether the space is located on the parcel or on an adjacent parcel, a distance of at least twenty-five (25) feet. (2) Retention of runoff. In addition to designing the site to control stormwater from a ten-year storm, on-site retention or percolation areas shall be required for the entire parcel sufficient to control, at a minimum, the first .25 inch of runoff that will originate from all impervious surfaces anticipated to be on the site upon final development. The specified amount of runoff from impervious surfaces shall be disposed of by percolation into the soil, evaporation, transpiration, or other methods of treatment or handling acceptable to the City engineering department. (f) Vegetated buffer controls for conservation lands. (1) Purpose and intent. The establishment of a buffer zone is based upon the stated goals in Policies 3.10 and 3.11 of the 1998 Wilmington-New Hanover County Comprehensive Plan. The buffer zone is intended to promote the comprehensive plan goals of high water quality in the creeks and sounds, to protect the public health, and to ensure the protection of the natural resources of New Hanover County. A properly vegetated buffer is essential to filter and biologically process nutrient rich runoff, animal wastes, and sediment before it enters coastal creeks, canals, and rivers. Buffers also function to moderate water temperatures, maintain the desired dissolved oxygen levels in the water, and stabilize the soils immediately adjoining the stream. In urban environments, the function of a buffer is especially critical to the balance of ARTICLE 5. ZONING DISTRICT REGULATIONS Page 140
Land Development Code City of Wilmington the plant and animal life in fresh and saltwater creeks. Buffers are most effective when they contain native and naturalized plants appropriate in size, adaptability (salt tolerance, wind tolerance, etc.) and hardiness for the area. Plants requiring intensive or routine maintenance should be avoided in buffer areas. (2) Applicability. The development and improvement of property, including the subdivision of land, shall be subject to these performance controls if the parcel of record is located wholly or partially within a COD district and if the following conservation resources: salt marsh, brackish marsh, freshwater marsh, and/or primary nursery area are associated with the parcel of record as of the date of the adoption of this section. (3) Standards. a. Buffer measurement. Buffers shall extend thirty-five 35 feet measured horizontally from the edge of the conservation resource and on line perpendicular to and landward of the conversation resource. b. Plant materials in the buffer. The plant material in the buffer zone must be either retained in a natural, minimally disturbed condition, or properly managed in accordance with the management standards presented in Sec. 18-213. CO, Corridor Overlay Districts.(f)(3)e. In cases where vegetation does not exist within the buffer, the City shall require restoration efforts which include, but are not limited to, replanting of the buffer zone with plant species as recommended in the "Reference Lists and Publications for Guidance in the Selection of Vegetated Buffer Plants". c. Development activities within the buffer. Development activities within the buffer are limited to water dependent structures, except as otherwise provided in Sec. 18-213. CO, Corridor Overlay Districts.(f)(3) Examples of water dependent structures include docks, piers, boat ramps, shoreline stabilization, navigation markers and access channels. In order to maintain the functional value of the buffer, excavation, grading, filing, or ditching is not permitted except as otherwise provided herein. d. Public recreational facilities within the buffer. Passive public recreational facilities such as pervious trails and pathways, where owned by public entities or homeowners associations, may be permitted within the buffer. e. Management activities within the buffer. In order to achieve the City goals to preserve, protect and restore water quality and natural resources, the buffer zone shall be vegetated and left in a natural, undisturbed condition, or managed in accordance with the intent of these goals. Management activities compatible with the intent of these goals include, but are not limited to the following: 1. Shoreline access paths: Pathways which provide access to the shoreline are permissible provided they are a maximum average of six (6) feet in width and follow a path that minimizes erosion within the buffer zone. Pathways may be vegetated with grasses ARTICLE 5. ZONING DISTRICT REGULATIONS Page 141
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article 5. zoning district regulations - City of Wilmington

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