Wilmington City Zoning Code
Complete index of all zoning chapters, sections, and subsections
ARTICLE 1
- IN GENERAL
Sections
- Sec. 18-1.- Title.
- Sec. 18-2. - Authority.
- Sec. 18-3. - Jurisdiction.
- Sec. 18-4. - Purpose.
- Sec. 18-5. - Relationship to long-range plans.
- Sec. 18-6. - Fees.
- Sec. 18-7. - Computation of time.
- Sec. 18-8. - Public hearing notice.
- Sec. 18-9. - Requirements resulting in a fraction.
- Sec. 18-10. - Interpretation.
- Sec. 18-11. - Severability.
- Sec. 18-12. - Effective date.
ARTICLE 2
- ADMINISTRATIVE OFFICIALS AND AGENCIES
Sections
- DIVISION I. - ADMINISTRATIVE OFFICIALS
- DIVISION II. - BOARD OF ADJUSTMENT
- DIVISION III. - PLANNING COMMISSION
- DIVISION IV. - SUBDIVISION REVIEW BOARD
- DIVISION V. - HISTORIC PRESERVATION COMMISSION
ARTICLE 3
- ENFORCEMENT AND REVIEW PROCEDURES
Sections
- DIVISION I. - ENFORCEMENT
- DIVISION II. - SITE PLAN REVIEW
- DIVISION III. - REVIEW AND APPROVAL OF SUBDIVISION PLATS
- Sec. 18-65. - Plat submission and approval required prior to subdividing.
- Sec. 18-66. - Preapplication conferences.
- Sec. 18-67. - Plat submittal for review.
- Sec. 18-68. - Preliminary plan.
- Sec. 18-69. - Required improvements.
- Sec. 18-70. - Final plat.
- Sec. 18-71. - Plat recordation.
- Sec. 18-72. - Major subdivisions; review by subdivision review board.
- Sec. 18-73. - Minor subdivisions; review by city manager.
- Sec. 18-74. - Appeals.
- Sec. 18-75. - Expedited subdivision.
- DIVISION IV. - SPECIAL USE PERMIT APPROVAL PROCESS
- Sec. 18-79. - Purpose.
- Sec. 18-80. - General.
- Sec. 18-81. - Application.
- Sec. 18-82. - Required community meeting before public hearing.
- Sec. 18-83. - Additional conditions.
- Sec. 18-84. - Reserved.
- Sec. 18-85. - Action by city council.
- Sec. 18-86. - Denial.
- Sec. 18-87. - Appeal.
- Sec. 18-88. - Permit voidance.
- Sec. 18-89. - Modifications to approved plan.
- DIVISION V. - HISTORIC PRESERVATION COMMISSION PROCEDURES
- Sec. 18-95. - Certificate of appropriateness required.
- Sec. 18-96. - Application requirements and procedures for certificate of appropriateness.
- Sec. 18-97. - Design review process for certificate of appropriateness.
- Sec. 18-98. - Demolition.
- Sec. 18-99. - Demolition by neglect of buildings and structures.
- Sec. 18-100. - Review and inspection authority.
- Sec. 18-101. - Petition and action.
- Sec. 18-102. - Safeguards from undue economic hardship.
- Sec. 18-103. - Methods of service.
- Sec. 18-104. - Right of appeal.
- Sec. 18-105. - Other city powers.
- Sec. 18-106. - Preservation of historic features in the public rights-of-way.
- Sec. 18-107. - Interior arrangement not considered.
- Sec. 18-108. - Certain changes not prohibited.
- Sec. 18-109. - Buildings owned by State of North Carolina.
- Sec. 18-110. - Reference to historic district.
- Sec. 18-111. - Conflict with other laws; decisions of city council.
- Sec. 18-112. - Remedies.
- DIVISION VI. - ORDINANCE AMENDMENTS
- DIVISION VII. - RESERVED[2]
- DIVISION VIII. - SITE INVENTORY
ARTICLE 4
- NONCONFORMITIES AND VESTED RIGHTS
Sections
- DIVISION I. - NONCONFORMITIES
- Sec. 18-139. - General.
- Sec. 18-140. - Use of undeveloped nonconforming lots.
- Sec. 18-141. - Completion of nonconforming projects.
- Sec. 18-142. - Extension or enlargement of nonconforming situations.
- Sec. 18-143. - Change in kind of nonconforming use.
- Sec. 18-144. - Abandonment and discontinuance of nonconforming situations.
- Sec. 18-145. - Nonconformities created by public action.
- DIVISION II. - VESTED RIGHTS
- Sec. 18-155. - Establishment of a vested right.
- Sec. 18-156. - Approval procedures and approval authority.
- Sec. 18-157. - Duration of vested rights.
- Sec. 18-158. - Termination of vested rights.
- Sec. 18-159. - Miscellaneous provisions.
- Sec. 18-160. - Voluntary annexation.
- Sec. 18-161. - Limitations.
- Sec. 18-162. - Repealer.
- Sec. 18-163. - Effective date.
ARTICLE 5
- ZONING DISTRICT REGULATIONS
Sections
- DIVISION I. - ESTABLISHMENT OF ZONING DISTRICTS
- DIVISION II. - DISTRICT REGULATIONS
- Sec. 18-173. - Introduction.
- Sec. 18-174. - Exceptions to area and height standards.
- Sec. 18-175. - Zoning affects use of land and structures.
- Sec. 18-176. - Number of principal buildings on a lot.
- Sec. 18-177. - R-20, Residential District.
- Sec. 18-178. - R-15, Residential District.
- Sec. 18-179. - R-10, Residential District.
- Sec. 18-180. - R-7, Residential District.
- Sec. 18-181. - R-5, Residential District.
- Sec. 18-182. - R-3, Central City Residential District.
- Sec. 18-183. - MHP, Manufactured Housing Park District.
- Sec. 18-184. - Multifamily Residential Districts (MF-L, MF-M, MF-MH, MF-H).
- Sec. 18-185. - MX, Mixed Use District.
- Sec. 18-186. - PD, Planned Development District.
- Sec. 18-187. - HD, Historic District.
- Sec. 18-188. - HD-MU, Historic District-Mixed Use.
- Sec. 18-189. - HD-R, Historic District-Residential.
- Sec. 18-190. - O&I-1, Office and Institutional District 1.
- Sec. 18-191. - O&I-2, Office and Institutional District 2.
- Sec. 18-192. - NB, Neighborhood Business District.
- Sec. 18-193. - MSMU, Main Street Mixed Use.
- Sec. 18-194. - CB, Community Business District.
- Sec. 18-195. - RB, Regional Business District.
- Sec. 18-196. - CBD, Central Business District.
- Sec. 18-197. - CS, Commercial Services District.
- Sec. 18-198. - LI, Light Industrial District.
- Sec. 18-199. - IND, Industrial District.
- Sec. 18-200. - AI, Airport Industrial District.
- Sec. 18-201. - CEM, Cemetery District.
- Sec. 18-202. - RFMU, Riverfront Mixed Use District.
- Sec. 18-203. - RO, Residential Office District.
- Sec. 18-204. - UMX, Urban Mixed Use District.
- DIVISION III. - OVERLAY DISTRICTS
- Sec. 18-211. - FP, Floodplain Overlay District.
- Sec. 18-212. - SHOD, Special Highway Overlay District.
- Sec. 18-213. - CO, Corridor Overlay Districts.
- Sec. 18-213.1. - Dawson-Wooster Corridor regulations.
- Sec. 18-213.2. - Wrightsville Avenue Corridor regulations.
- Sec. 18-213.3. - South 17th Street/Independence Boulevard Corridor regulations.
- Sec. 18-214. - Historic District-Overlay (HD-O).
- Sec. 18-215. - Reserved.
- DIVISION IV. - CONDITIONAL ZONING
- Sec. 18-226. - Purpose.
- Sec. 18-227. - Plans and other information to accompany petition.
- Sec. 18-228. - Required community meeting before public hearing.
- Sec. 18-229. - Approval of conditional zoning district.
- Sec. 18-230. - Conditions to approval of petition.
- Sec. 18-231. - Effect of approval.
- Sec. 18-232. - Alterations to approval.
- Sec. 18-233. - Review of approval of a conditional zoning district.
ARTICLE 6
- SUPPLEMENTAL DEVELOPMENT REGULATIONS
Sections
- DIVISION I. - PRESCRIBED CONDITIONS, SPECIAL USE PREREQUISITES, AND ACCESSORY USES AND STRUCTURES
- Sec. 18-246. - General.
- Sec. 18-247. - Accessory apartments, attached.
- Sec. 18-248. - Accessory apartments, detached.
- Sec. 18-249. - Accessory buildings.
- Sec. 18-250. - Adult establishments.
- Sec. 18-251. - Amortization of existing towing services.
- Sec. 18-252. - Automobile and truck dealers, new and used.
- Sec. 18-253. - Automobile renting and leasing.
- Sec. 18-254. - Automotive services and automotive repair, except towing.
- Sec. 18-255. - Auxiliary uses and wares.
- Sec. 18-256. - Bowling alleys and pool halls.
- Sec. 18-257. - Commercial District Mixed Use (CDMU) within the O&I-1, CB, and RB Districts.
- Sec. 18-258. - Commercial parking lots.
- Sec. 18-259. - Communication facilities.
- Sec. 18-260. - Community boating facility.
- Sec. 18-261. - Community center.
- Sec. 18-262. - Contractors, general or special trade.
- Sec. 18-263. - Contractor's storage yard.
- Sec. 18-264. - Convenience stores.
- Sec. 18-265. - Day care, adult or child.
- Sec. 18-266. - Dish antennae.
- Sec. 18-267. - Dormitory, private.
- Sec. 18-268. - Drive-up bank teller facility.
- Sec. 18-269. - Evaluation of special use permits under the provisions of section 18-143, change in kind of nonconforming use.
- Sec. 18-270. - Fraternity and sorority houses.
- Sec. 18-271. - Funeral homes or crematories.
- Sec. 18-272. - Furniture and other home furnishings stores.
- Sec. 18-273. - Government uses outside public rights-of-way, except offices.
- Sec. 18-274. - Group home supportive small, medium and large.
- Sec. 18-275. - Group home residential, group day facility, group home supportive small, group home supportive medium and group home supportive large.
- Sec. 18-276. - Group home supportive small, medium and large, family care home, group home residential; separation requirements.
- Sec. 18-277. - Reserved.
- Sec. 18-278. - Historic mixed use buildings.
- Sec. 18-279. - Home occupation.
- Sec. 18-280. - Kennels, commercial boarders and breeders.
- Sec. 18-281. - Kennels, private.
- Sec. 18-282. - Large-scale retail developments.
- Sec. 18-283. - Libraries.
- Sec. 18-284. - Manufactured housing parks.
- Sec. 18-285. - Meeting and events center.
- Sec. 18-286. - Mini-warehousing.
- Sec. 18-287. - Motels, hotels, and residential hotels in the O&I Districts.
- Sec. 18-288. - Motion picture production and distribution.
- Sec. 18-289. - Multifamily District Mixed Use (MFMU) within the MF-M, MF-MH, and MF-H Districts.
- Sec. 18-290. - Nightclubs.
- Sec. 18-291. - Nonresidential off-street parking in residential districts.
- Sec. 18-292. - Nursing homes.
- Sec. 18-293. - Ordnance uses.
- Sec. 18-294. - Planned unit development, residential.
- Sec. 18-295. - Prescribed conditions within the Main Street Mixed Use zoning district.
- Sec. 18-296. - Property-restricted real estate sales office.
- Sec. 18-297. - Recreation facility, private.
- Sec. 18-298. - Religious institutions.
- Sec. 18-299. - Residential unit contained within a principal use.
- Sec. 18-300. - Schools.
- Sec. 18-301. - Service stations.
- Sec. 18-302. - Shipping containers permanent off-chassis and on-site.
- Sec. 18-303. - Shopping center.
- Sec. 18-304. - Skating rink.
- Sec. 18-305. - Special uses in the Historic Districts, with the exception of the Historic District-Mixed Use (HD-MU) and the Central Business District-Historic District Overlay (BD-HDO).
- Sec. 18-306. - Special uses within the CS (CO), Commercial Services Corridor Overlay District, Dawson/Wooster Corridor Overlay.
- Sec. 18-307. - Special uses within the Wrightsville Avenue Corridor Overlay.
- Sec. 18-308. - Swimming pools.
- Sec. 18-309. - Telecommunication facility, unattended.
- Sec. 18-310. - Tire dealers and service.
- Sec. 18-311. - Tour service.
- Sec. 18-312. - Towing services, automobile and truck.
- Sec. 18-313. - University administrative uses.
- Sec. 18-314. - Utility stations and plants outside public rights-of-way.
- Sec. 18-315. - Warehousing, general.
- Sec. 18-316. - Wholesale trade, durable goods.
- Sec. 18-317. - Wholesale trade, nondurable goods.
- Sec. 18-318. - Yard sales.
- Sec. 18-319. - Prescribed and special conditions for uses within the Central Business District.
- Sec. 18-320. - Electronic gaming establishments.
- Sec. 18-321. - Assisted living residence.
- Sec. 18-322. - Prescribed and special use conditions in the Residential Office District.
- Sec. 18-323. - Spas and health clubs in the LI, Light Industrial District.
- Sec. 18-324. - Prescribed and special conditions for uses within the Urban Mixed Use District.
- Sec. 18-325. - Prescribed conditions for breweries, small regional and microbreweries.
- Sec. 18-326. - Prescribed conditions for artisan food and beverage producers.
- Sec. 18-327. - Single-family courtyard developments.
- Sec. 18-328. - Freestanding parking structures.
- Sec. 18-329. - Whole-house lodging and homestay lodging in the O&I-1, O&I-2, CB, RB, CBD, AI, RFMU, MX, MSMU, and UMX Districts.
- Sec. 18-330. - Homestay lodging in residential, multifamily, and historic districts.
- Sec. 18-331. - Whole-house lodging uses in the residential, multifamily, and historic districts.
- Sec. 18-333. - Domestic violence shelters.
- DIVISION II. - TEMPORARY USES
- DIVISION III. - CONSERVATION RESOURCE REGULATIONS
ARTICLE 7
- SUBDIVISION REGULATIONS
Sections
- DIVISION I. - IN GENERAL
- Sec. 18-346. - Compliance with official plans and policies.
- Sec. 18-347. - No service until full compliance.
- Sec. 18-348. - Variances.
- Sec. 18-349. - Nonconventional subdivision plats.
- Sec. 18-350. - Adoption procedure for technical standards and specifications.
- Sec. 18-351. - Official acceptance of improvements.
- DIVISION II. - REQUIRED IMPROVEMENTS
- Sec. 18-364. - Construction plans and permits.
- Sec. 18-365. - Construction procedures.
- Sec. 18-366. - Performance guarantees.
- Sec. 18-367. - Cul-de-sac.
- Sec. 18-368. - Curbs.
- Sec. 18-369. - Easements.
- Sec. 18-370. - Fire hydrants.
- Sec. 18-371. - Grading.
- Sec. 18-372. - Permanent monuments.
- Sec. 18-373. - Private areas within subdivisions.
- Sec. 18-374. - Public transportation system.
- Sec. 18-375. - Sewage disposal.
- Sec. 18-376. - Sidewalks, walkways, and bikeways.
- Sec. 18-377. - Stormwater drainage.
- Sec. 18-378. - Streets.
- Sec. 18-379. - Street names and signs; subdivision names.
- Sec. 18-380. - Street lights.
- Sec. 18-381. - Traffic-control devices.
- Sec. 18-382. - Water supply.
- Sec. 18-383. - Recreation space.
- Sec. 18-384. - Property owner associations.
- Sec. 18-385. - Reservation of public sites.
- Sec. 18-386. - Transportation plans.
- DIVISION III. - MINIMUM STANDARDS OF DESIGN
- Sec. 18-397. - Generally.
- Sec. 18-398. - Applicability of minimum design standards.
- Sec. 18-399. - Alternate design and construction methods, use and materials.
- Sec. 18-400. - Subdivider's responsibility.
- Sec. 18-401. - Bikeways.
- Sec. 18-402. - Blocks.
- Sec. 18-403. - Emergency services.
- Sec. 18-404. - Entrance signs and lighting.
- Sec. 18-405. - Intersections.
- Sec. 18-406. - Lots.
- Sec. 18-407. - Natural assets.
- Sec. 18-408. - Transportation facilities.
- DIVISION IV. - SPECIFICATIONS FOR REQUIRED PLATS AND RELATED PLANS, CERTIFICATES AND STATEMENTS
- DIVISION V. - CLUSTER SUBDIVISION
ARTICLE 8
- LANDSCAPING AND TREE PRESERVATION
Sections
- DIVISION I. - GENERAL
- DIVISION II. - TREE PRESERVATION
- DIVISION III. - TREE REMOVAL
- DIVISION IV. - STREET YARD LANDSCAPING
- DIVISION V. - PARKING LOT LANDSCAPING
- DIVISION VI. - FOUNDATION PLANTINGS
- DIVISION VII. - BUFFER YARDS
- Sec. 18-496. - Purpose.
- Sec. 18-497. - Location of buffer yards.
- Sec. 18-498. - Width of buffer yards.
- Sec. 18-499. - Site constraints.
- Sec. 18-500. - Allowance for a decreased setback width and increase in buffer width.
- Sec. 18-501. - Uses in the buffer.
- Sec. 18-502. - Uses in the rear and side yards abutting a residential use.
- Sec. 18-503. - Types of buffer yards.
- Sec. 18-504. - Screening for dumpsters and outside storage areas.
- Sec. 18-505. - Exceptions to buffer yard requirements.
- DIVISION VIII. - LANDSCAPING FOR EXPANSIONS TO EXISTING PRINCIPAL STRUCTURES OR USES
- DIVISION IX. - MAINTENANCE
- DIVISION X. - AUTHORITY TO TREAT OR REMOVE TREES ON PRIVATE PROPERTY
ARTICLE 9
- OFF-STREET PARKING AND LOADING; DRIVEWAYS
Sections
- Sec. 18-526.- Off-street parking standards.
- Sec. 18-527. - Off-street loading.
- Sec. 18-528. - Off-street parking space schedule.
- Sec. 18-529. - Off-street parking design.
- Sec. 18-530. - Driveways.
- Sec. 18-531. - Interpretation of parking schedule.
- Sec. 18-532. - Parking schedule.
- Sec. 18-533. - Off-street parking and/or storage of certain vehicles.
ARTICLE 12
- SIGN REGULATIONS
Sections
- DIVISION I. - PURPOSE AND SCOPE
- DIVISION II. - REGULATION OF ON-PREMISES SIGNS BY DISTRICT
- Sec. 18-573. - Special provisions for selected districts within the 1945 corporate limits.
- Sec. 18-574. - Signs permitted in Historic Separate Use and Historic Overlay Districts.
- Sec. 18-575. - Signs permitted in the Central Business District (CBD) and the Main Street Mixed Use (MSMU) District, the Riverfront Mixed Use (RFMU) District, the Mixed Use (MX) District, and the Urban Mixed Use (UMX) District.
- Sec. 18-576. - Signs permitted in most districts.
- Sec. 18-577. - Signs permitted in Residential Districts.
- Sec. 18-578. - Signs permitted in the Neighborhood Business (NB) District.
- Sec. 18-579. - Signs permitted in Commercial and Office and Institutional Districts.
- Sec. 18-580. - Signs permitted in Industrial Districts.
- Sec. 18-581. - Signs permitted in Cemetery Districts.
- Sec. 18-582. - Signs permitted for mixed-use buildings.
- Sec. 18-583. - Alternative standards for cohesive development projects.
- DIVISION III. - GENERAL PROVISIONS AND REGULATIONS
- Sec. 18-591. - Prohibited signs.
- Sec. 18-592. - Signs not requiring permits.
- Sec. 18-593. - Maintenance.
- Sec. 18-594. - Abandoned signs.
- Sec. 18-595. - Area computation.
- Sec. 18-596. - Lighting.
- Sec. 18-597. - Indemnification and insurance.
- Sec. 18-598. - Freedom of expression for noncommercial messages.
- Sec. 18-599. - Permit conditions, refunds and penalties.
- Sec. 18-600. - Temporary and special event signage.
- Sec. 18-601. - Amortization of on-premises signs.
- DIVISION IV. - REGULATION OF OUTDOOR ADVERTISING SIGNS
- DIVISION V. - CONSTRUCTION SPECIFICATIONS
ARTICLE 13
- FLOODPLAIN MANAGEMENT
Sections
- DIVISION 1. - GENERAL PROVISIONS
- DIVISION 2. - ADMINISTRATION, ENFORCEMENT
- Sec. 18-644. - Generally.
- Sec. 18-645. - Basis for establishing the special flood hazard areas and future conditions flood hazard areas.
- Sec. 18-646. - Application for development permits; certification required.
- Sec. 18-647. - Duties and responsibilities of floodplain administrator.
- Sec. 18-648. - Administrative procedures.
- Sec. 18-649. - Variance procedures.
- DIVISION 3. - FLOODPLAIN MANAGEMENT STANDARDS
- Sec. 18-659. - General standards.
- Sec. 18-660. - Standards for areas where base flood elevation data has been provided.
- Sec. 18-661. - Areas of special flood hazard.
- Sec. 18-662. - Floodways and nonencroachment areas.
- Sec. 18-663. - Standards for streams without established base flood elevations and/or floodways.
- Sec. 18-664. - Special standards for subdivision proposals and major development.
- Sec. 18-665. - Standards for areas of shallow flooding (AO and AH zones).
- Sec. 18-666. - Coastal high hazard areas (VE Zones and Coastal A zones (CAZ)) LiMWA.
- DIVISION 4. - MISCELLANEOUS PROVISIONS
ARTICLE 14
- PUBLIC INFRASTRUCTURE
Sections
- DIVISION I. - STREETS AND SIDEWALKS
- PART 1. - IN GENERAL
- PART 2. - CONSTRUCTION AFFECTING STREETS AND SIDEWALKS
- Sec. 18-696. - Delineation of line of street prerequisite to laying foundation or erecting wall or fence.
- Sec. 18-697. - Encroachment by building, fence, wall or structure.
- Sec. 18-698. - Projections over street generally.
- Sec. 18-699. - Sheds over street or sidewalk.
- Sec. 18-700. - Gates opening over street or sidewalk.
- Sec. 18-701. - Awnings and canopies; permit required.
- Sec. 18-702. - Permit to use of street during construction.
- Sec. 18-703. - Protection of pedestrians by persons constructing or demolishing buildings.
- Sec. 18-704. - Creating conditions necessitating special cleaning or repairs.
- Sec. 18-705. - Indemnification of city by users of public rights-of-way and property.
- DIVISION II. - RESERVED[4]
- DIVISION III. - COMPREHENSIVE STORMWATER ORDINANCE[5]
- PART 1. - GENERAL PROVISIONS
- PART 2. - ADMINISTRATION AND PROCEDURES
- Sec. 18-746. - Administration.
- Sec. 18-747. - Review procedures.
- Sec. 18-748. - Concept plan.
- Sec. 18-749. - Off-site stormwater management requirement.
- Sec. 18-750. - Stormwater management measures within the NC State Ports area and the CBD and RFMU districts.
- Sec. 18-751. - Additional requirements for fee alternative.
- Sec. 18-752. - As-built plans and final approval.
- Sec. 18-753. - Other permits.
- Sec. 18-754. - Approvals.
- PART 3. - STANDARDS
- Sec. 18-760. - General standards.
- Sec. 18-761. - Other considerations in design preparation.
- Sec. 18-762. - Development standards near outstanding resource waters.
- Sec. 18-763. - Development standards near class SA waters.
- Sec. 18-764. - Development standards for all other areas.
- Sec. 18-765. - Standards for stormwater control measures.
- Sec. 18-766. - Certain wetlands excluded from density calculations.
- Sec. 18-767. - Additional standards for special situations.
- PART 4. - MAINTENANCE
- Sec. 18-781. - General standards for maintenance.
- Sec. 18-782. - Operation and maintenance agreement.
- Sec. 18-783. - Inspection program.
- Sec. 18-784. - Notice to owners, recordation.
- Sec. 18-785. - Records of installation and maintenance activities.
- Sec. 18-786. - Nuisance.
- Sec. 18-787. - Maintenance easement.