article 5. zoning district regulations - City of Wilmington

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Land Development Code City of Wilmington Sec. 18-185. MX, Mixed Use District. (a) Purpose. The Mixed Use District (MX) is established, consistent with the policies of the comprehensive plan, to provide innovative opportunities for integrating diverse but compatible uses into a single development that is unified by distinguishable design features. The Mixed Use District is intended to provide an alternative to the predominate development pattern in Wilmington characterized by unconnected, uncoordinated commercial development along thoroughfares and limited access residential developments isolated from places to work and shop, MX may also be used to replicate the historic urban development pattern in redevelopment areas. In addition to a mixture of compatible uses, developments in this district shall provide amenities and walkways to increase pedestrian activity, decrease reliance on individual vehicles, foster transit usage, enhance the environmental quality and attractiveness of Wilmington and New Hanover County, improve the overall quality of life, and provide for the welfare of the citizens. In the event of conflict between regulations for mixed use developments and those in other sections of the City Code, the mixed use regulations shall supercede unless specifically stated otherwise. (b) Mixture of uses. (1) Uses may be mixed within a building or within the development. (2) Mixed use developments on sites greater than fifteen (15) acres shall contain a minimum twenty (20) percent residential use. (3) No more than seventy-five (75) percent of the required residential component may be located in a single family detached residential development. (4) The mixed use development must always contain at least three (3) of the following use categories: a. Residential. b. Office. c. Commercial. d. Institutional, quasi-public, public. e. Entertainment and lodging. (5) For mixed use developments containing three (3) use categories, each use shall occupy a minimum of twenty percent (20%) of the floor area or gross acreage of the project. The developer may choose the use mix measurement but each project shall only use one of the use mix measurements (floor area or gross acreage). For projects with four (4) or more use categories, the twenty percent (20%) minimum is waived for all categories except residential, however, no use may occupy more than sixty percent (60%) and no two uses combined shall occupy more than eighty percent (80%) of the floor area or gross acreage. For phased projects, during construction of any phase prior to project completion or six years from the initial foundation inspection, whichever is first, no single use shall exceed sixty percent (60%) and no two uses shall exceed ninety percent (90%). Residential uses may occupy as much as seventy –five percent (75%) floor area or gross acreage, if that which is over sixty percent (60%) is located in a mixed-use building and located over first floor commercial use. (6) For MX projects developed in phases (as defined in this ordinance), each phase shall be able to function as a stand alone development and the project shall contain ARTICLE 5. ZONING DISTRICT REGULATIONS Page 28
Land Development Code City of Wilmington the required common space/open space at all times during the phases of construction. All MX project shall meet the minimum mix of uses requirements according to the following schedule: Project Size (acres zoned mixed use) Time from first foundation inspection to provide initial 60-30-10 mix 0-100 18 months 100+ to 200 36 months 200 + 48 months If the mixture of uses is not provided in this time, no certificates of occupancy will be issued for any part of the project other than single family detached residential developments and townhouse residential developments, not exceeding four units per building until the mixture is provided. All structures with a certificate of occupancy or at least foundations and footings may be considered part of the mixture. Single family detached residential developments and townhouse residential developments, not exceeding four units per building in MX projects of one hundred (100) acres or more may have up to four years from the first foundation inspection approval before certificates of occupancy will be withheld for failure to provide the required mix of uses. The City Council may grant a one year extension for a total of five (5) years if the property owner can provide evidence that a mix will be provided by the end of the additional year. The evidence may include but [not] be limited to tenant contracts, leases or other legal construction agreements with specific deadlines. (c) Permitted uses. (1) Principal uses: All uses in this list shall be considered permitted uses in a MX District. All adult establishments are prohibited. The uses are arranged in categories to provide an appropriate mix of uses. Uses are placed in categories based on similar impacts and to ensure diversity of uses. The categories are not intended to follow standard classification of uses. The list of uses for MX Districts is independent from the table of uses for other zoning districts. At least three (3) categories out of the five (5) listed below, must be represented in the mixed use project. a. Residential category. 1. Dwellings single family 2. Duplex, triplex, quadraplex 3. Multi-family and townhouses 4. Family care homes b. Office category. 1. Banking services 2. Medical offices 3. Offices (without outdoor operations or storage) 4. Offices with limited wholesale distribution (no assembly and storage permitted) ARTICLE 5. ZONING DISTRICT REGULATIONS Page 29
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article 5. zoning district regulations - City of Wilmington

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