article 5. zoning district regulations - City of Wilmington

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Land Development Code City of Wilmington Open spaces can be natural or recreational. Natural open spaces are intended to protect the natural environment, protect water quality and provide habitat for wildlife. Recreation open spaces are intended to provide outdoor active recreation facilities and other activity areas for residents, shoppers and employees. Overlap between spaces considered common space and open space is possible. The definitions are not mutually exclusive. Each MX project shall contain a minimum ten (10) percent common space and a minimum twenty-five (25) percent open space. The developer can propose the allocation of land to these categories. However, common space shall be primarily area for social interaction and have more impervious surface. Open space shall be essentially unimproved pervious area with limited modifications. a. Common space: At least ten (10) percent of the acreage of the site shall be devoted to common spaces. 1. Common space includes areas where the public is directly or indirectly invited to gather, browse, sit, interact or congregate. Common spaces do not have to be publicly owned. Common areas may include walking paths, bicycle paths, courtyards, plazas and other similar areas. Unimproved natural areas shall not be counted as common space. 2. Common spaces shall be arranged as community spaces with open areas, landscaping, seating facilities and lighting fixtures which provide for safety and visual effects. 3. Common spaces are intended to be places for social interaction and may include impervious surfaces. i. Common space amenities shall include at least three (3) of the following: 1. Sidewalks with substantial ornamental treatments (e.g. brick pavers; change in materials, color or texture; use of impervious materials when consistent with Americans with Disabilities Act). 2. Sidewalk planters. Planters may be constructed to provide seating around the perimeter. 3. Public art (e.g. sculpture, fountain, clock, mural, etc.). 4. Street trees of a caliper fifty (50) percent wider than required by this Code (may include preservation of healthy mature trees adjacent to sidewalks). ii. Amenities should be visible and accessible to the general public from an improved street. Access to pocket parks, plazas and sidewalks shall be provided via a right-of-way or a public access easement. iii. The size or capacity of pedestrian amenities should be proportional to their expected use, including use by employees, customers, residents, and other visitors. iv. Amenities should be consistent with the character and scale of surrounding developments. For example, similarity in awning height, bench style, planter materials, street trees and pavers is ARTICLE 5. ZONING DISTRICT REGULATIONS Page 46
Land Development Code City of Wilmington recommended to foster continuity in the design of pedestrian areas. Materials should be suitable for outdoor use, easily maintained and have a reasonably long life cycle (e.g. ten (10) years before replacement). v. When provided at or near a bus stop, amenities should conform to standards of the Cape Fear Public Transportation Authority system. 4. The walking areas of common spaces shall be surfaced with concrete, brick, tile or another material approved by the technical review committee. The type of surfacing material shall be identified on the site plan. 5. Construction of bus shelters along project perimeters, shall be mandatory wherever the project includes or is adjacent to an existing or previously identified transit line extension proposed in adopted documents by the Cape Fear Public Transportation Authority, or another public transit provider. 6. Parking area landscaping and buffer areas shall not be counted toward meeting this requirement. b. Open space: A minimum twenty five (25) percent open space shall be provided. 1. Open space is any area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment. Open space may include active recreational facilities such as swimming pools, total lots, ball fields and picnic tables (recreation open space). However, improved recreational facilities, including golf courses, shall not exceed twenty-five (25) percent of the minimum required open space. 2. Parking area landscaping and buffer areas shall be excluded from this calculation. 3. No more than fifty (50) percent of the open space shall be covered by water unless approved by the technical review committee as part of an active recreation area or regional stormwater facility. Standard stormwater retention facilities that meet only minimum City requirements shall not be counted as open space. 4. The City Council may reduce the open space requirement to as low as twenty (20) percent when equivalent land area or property value for community facilities is provided to the City. Community facilities dedicated to the City including but not limited to parks, recreation buildings or restoration of historic sites shall be eligible for open space credit. 5. Construction of greenways shall be mandatory whenever the project includes or is adjacent to trails identified on a previously adopted greenway plan. 6. All open space shall remain undivided and no lot or unit owner or any other person shall bring any action for partition or division of ARTICLE 5. ZONING DISTRICT REGULATIONS Page 47
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article 5. zoning district regulations - City of Wilmington

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