article 5. zoning district regulations - City of Wilmington

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Land Development Code City of Wilmington b. Utility poles, water towers and support structures. c. Monuments and ornamental towers. d. Chimneys, smokestacks and flues attached to a building or projections from buildings provided that they shall not be erected to a height greater than five (5) feet above the roof line or as required by State and/or Federal air quality laws and regulations. (2) Every part of a required yard shall be open from its lowest ground point to the sky unobstructed; except for the ordinary projection of sills, belt courses, cornices, buttresses, ornamental features and eaves; provided, however, that none of the above projections shall project into a minimum yard more than twenty-four (24) inches. (3) Open or enclosed fire escapes, outside stairways, balconies and other necessary unenclosed projections may extend into a minimum yard not more than three and one-half (3½) feet and the ordinary projections of chimneys and flues may be permitted by the City Manager where same are so placed as not to obstruct the light and ventilation. (4) Unenclosed porches, landings, terraces, patios or platforms may project into any required front or rear yard not exceeding eight (8) feet. (5) For properties which are located within the city's 1945 Corporate Limits, if fifty (50) percent or more of the structures within the same block face on the same side of the street are located inside the generally required minimum front, rear, or side yards, the minimum required front, rear side yard shall be the average front, rear or side yard for that block face on the same side of the street, respectively, so long as the requirements of Sec. 18-556 are observed. (b) Zero Lot Line Development. For properties in the R-5, R-3, Multifamily Residential, O&I-1, O&I-2, Community Business, Regional Business and Commercial Services Districts, zero lot line development shall be permitted in accordance with the following standards. (1) Zero lot line development is permitted when a windowless wall of a structure is placed either one: a. One side property line; or b. Encroaches into one side yard; and when the remaining footage required for the lot to meet the total side yard requirement is provided on the opposite side property line. (2) Provided further: a. In residential districts, zero lot line development of single family, detached structures shall be allowed only on tracts consisting of two (2) acres or more. This provision is not applicable to the O&I and commercial districts. b. As a minimum, lots located on the outside perimeter of such a development shall provide the standard side yard of the adjacent zoning district. c. When this technique is applied to corner lots, the structure shall not encroach upon or be placed on the side yard property line adjacent to a street. d. If two (2) residential structures on two (2) lots must be located on the same side property line, then they shall have a common windowless wall conforming to the construction standards of Sec. 403.3 in Volume 1 of the North ARTICLE 5. ZONING DISTRICT REGULATIONS Page 6
Land Development Code City of Wilmington Carolina State Building Code. All nonresidential structures must conform to Section 601 in Volume 1 of the North Carolina State Building Code. e. Whenever a structure is located within four (4) feet of a side property line, a perpetual easement for wall and roof maintenance shall be provided on the adjacent lot. The minimum width of this maintenance access (side yard plus easement area) shall be four(4) feet. The easement shall be incorporated into each deed. (c) Properties on Thoroughfares. For properties located in the multifamily, O&I-1, O&I-2, Community Business, Regional Business and Central Business District having frontage on major thoroughfares (as defined in the City of Wilmington Technical Standards and Specifications Manual), the minimum lot width requirement for all new lots shall be as follows: Lot Type Minimum Lot Width Interior lot 85' Through lot 85' Corner lot Thoroughfare side(s) 170' Other street side(s) 120' The lot widths may be reduced if no access or shared access provisions are included in the recorded plats and/or deeds for new lots to be created and upon granting of a variance by the board of adjustment containing such access conditions. (d) Existing Performance Residential Developments. In existing Performance Residential developments where multi-family dwellings were approved, the height regulations and restrictions for the MF-L zoning district shall apply when the impervious surface of the project is less than twenty-five percent (25%) of total land area. Sec. 18-175. Zoning affects use of land and structures. The regulations established herein for each district shall be minimum regulations unless specified otherwise and shall apply uniformly to each class or kind of land or structure, except as hereinafter provided. (a) No land or structure shall be used or occupied, and no structure or parts shall be constructed, erected, altered, or moved unless in conformity with all of the regulations herein specified for the district within which it is located. (b) The minimum yards, and other open spaces, including the intensity of use provisions contained in this Article, for every building hereafter erected or structurally altered, shall not be encroached upon or considered as yard, open space requirements, or intensity of use requirements for any other building unless specifically permitted. (c) Rights-of-way, public or private, for streets and road shall not be considered a part of a lot or open space, or front, side, or rear yard for the purpose of meeting yard requirements. ARTICLE 5. ZONING DISTRICT REGULATIONS Page 7
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article 5. zoning district regulations - City of Wilmington

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