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Wilmington City Zoning Code

ARTICLE VII

SPECIAL PURPOSE DISTRICTS

Sec. 48-286.- O districts.

(a)

Purpose. The O district, open space, is designed to include lands dedicated as permanent open space, to be enjoyed by the public for rest and recreation or to provide permanent light and air to surrounding developments.

(b)

Uses permitted. The following uses are permitted in an O district as a matter of right:

(1)

A public park or playground under the control of the department of parks and recreation of the city, whether acquired by negotiation, condemnation or gift.

(2)

A public park or playground under the control of the county, the state or the national park service.

(3)

A park or playground owned or operated by a nonprofit institution or a community association.

(4)

Recreational building or recreational structure as an accessory use to such park or playground.

(5)

Public reservoir.

(6)

Neighborhood police station; provided that the primary purpose is to serve the park in which it is located or that the neighborhood police station is to be located within or be an addition to an existing community center building.

(c)

Height and area regulations. Any building or structure erected or altered in an O district shall conform with the following requirements:

(1)

Except as specified in subsection (2) of this subsection, the height of a building or structure erected or altered in respect to height in an O district shall not exceed two stories or 35 feet.

(2)

A chimney, flagpole, observation tower or any emergency sirens included in the city-wide emergency warning system that are installed and operated by the office of emergency management in accordance with chapter 7 of the City Code may be erected to a height in excess of that authorized in subsection (1) of this subsection.

(3)

Each part of a building or structure shall be set back from any street line a distance of not less than that required on the opposite side of such street by the building setback line for the zoning district within which such opposite area is located.

(4)

Each part of a building or structure shall be so located as to provide a minimum rear yard and a minimum side yard in conformance with the yard requirements of the adjoining zoning district or districts in the rear and on the side of the lot.

(d)

Uses permitted under zoning board of adjustment approval. The following uses are permitted if approved by the zoning board of adjustment as provided in article II, division 3 of this chapter, subject to the conditions specified below in each case:

(1)

An antenna that is proposed to be mounted to a building or structure and concealed within an architectural element of the building or structure; provided, that:

a.

Accessory structures are similarly concealed or obscured from view; and

b.

It shall conform with all relevant provisions of article XI, division 4 and any regulations promulgated in furtherance thereof.

(Code 1968, § 48-40; Ord. No. 99-010(sub 1), § 1, 5-6-99; Ord. No. 04-082(sub 1), § 5, 12-9-04; Ord. No. 10-041(sub 1), § 16, 10-7-10; Ord. No. 18-033, § 5, 7-12-18)