CBD Height Restriction Removal

CBD Height Map

If a building considered a contributing historic resource within the Central Business District is demolished, the height of new buildings on the property is limited to the height of the demolished historic building plus half of the difference between the height of the demolished building and the by-right height permitted for the property as identified in Figure 18-43.9 of the Land Development Code. The property owner demolishing the building may petition to remove this height restriction, which would then permit the maximum building height identified in Figure 18-43.9.

Location-based Process

Properties Within the Historic District Overlay (CBD-HDO)
Commercial Business District properties located within a Historic District Overlay (CBD-HDO) are reviewed by the Historic Preservation Commission (HPC). The HPC conducts a public meeting to determine whether the proposed removal of height restrictions is compatible with the dis. The Commission’s role is limited to making a determination based on adopted historic standards.

Properties Outside the Historic District Overlay (CBD)
CBD properties located outside a Historic District Overlay are reviewed through a multi-step public process. The request is first reviewed by the Historic Preservation Commission, then by the Planning Commission, and finally by the City Council. Each body holds a public hearing before the request proceeds to the next stage.

CBD-HDO

Step 1.Schedule a Pre-Application Meeting

A pre-application meeting is required prior to submission of an application to remove the CBD height restriction. The purpose of the pre-application meeting is to provide an overview of the process and general guidance on the proposed request. Pre-application meetings may be scheduled by emailing the Historic Preservation team or calling +1-910-254-0900.

Criteria: An applicant petitioning to remove a height restriction must demonstrate that the historic building to be demolished retains little or no significance according to each of the five categories established in Table 18-597 of the Land Development Code. A building shall be considered to have retained little or no significance if it receives a cumulative score of six or fewer points. Individual buildings on recombined lots will be scored individually.

Step 2.Apply for Historic Preservation Commission Consideration

As an application to remove a height restriction is quasi-judicial in nature, the Historic Preservation Commission (HPC) will hold an evidentiary hearing. Evidentiary hearings differ from other public hearings in the following ways:

  • Ex parte communications between an applicant or an affected party and members of the HPC are prohibited. If such communications occur, they must be disclosed at the beginning of the hearing.
  • Commission members cannot participate in the hearing or vote on the application in a manner that would violate affected persons' constitutional rights to an impartial decision maker.
  • All persons presenting evidence must do so under oath.
  • All persons shall offer only competent, material, and substantial evidence in their presentation. Competence shall be determined by the commission in its decision.
  • All persons with standing (as determined by the commission) shall have the opportunity to cross-examine witnesses and inspect any evidence presented.
  • All parties or persons with standing shall have the opportunity to offer competent evidence in explanation or rebuttal to objecting participants.

CBD

Step 1.Schedule a Pre-Application Meeting

A pre-application meeting is required prior to submission of an application to remove the CBD height restriction. The purpose of the pre-application meeting is to provide an overview of the process and general guidance on the proposed request. Pre-application meetings may be scheduled by emailing the Historic Preservation team or calling +1-910-254-0900.

Criteria: An applicant petitioning to remove a height restriction must demonstrate that the historic building to be demolished retains little or no significance according to each of the five categories established in Table 18-597 of the Land Development Code. A building shall be considered to have retained little or no significance if it receives a cumulative score of six or fewer points. Individual buildings on recombined lots will be scored individually.

Step 2.Apply for Boards & Commissions Consideration

  • The Historic Preservation Commission will review the application and provide a cursory recommendation on whether the request should be approved to the Planning Commission.
  • The Planning Commission will hold a public hearing on the application and forward a recommendation to the City Council.
  • As an application to remove a height restriction is quasi-judicial in nature, the City Council will hold an evidentiary hearing. Evidentiary hearings differ from other public hearings in the following ways:
  • Ex parte communications between an applicant or an affected party and members of the City Council are prohibited. If such communications occur, they must be disclosed at the beginning of the hearing.
  • Council members cannot participate in the hearing or vote on the application in a manner that would violate affected persons' constitutional rights to an impartial decision maker.
  • All persons presenting evidence must do so under oath.
  • All persons shall offer only competent, material, and substantial evidence in their presentation. Competence shall be determined by the Council in its decision.
  • All persons with standing (as determined by the Council) shall have the opportunity to cross-examine witnesses and inspect any evidence presented.
  • All parties or persons with standing shall have the opportunity to offer competent evidence in explanation or rebuttal to objecting participants.

Application Details

Applications Accepted Monthly

Applications are accepted on a monthly basis according to the Historic Preservation Commission schedule. Applications received after the established deadline will be included with the following month's review cycle submissions.

Electronic Submissions

Applications may be submitted electronically by emailing the Historic Preservation team, but only after a pre-application meeting has been held.

Application Components

All application components (e.g., application, information required for each alteration type, etc.) must be submitted individually and named accordingly.

Large Files

Please contact the Historic Preservation team to make arrangements for files that exceed email limits.

Professional Seals

Professional seals (engineers, land surveyors, architects, etc.) on digital plans must be redacted from digital copies submitted to the city for review. Please be sure to mark, strike through, or otherwise conceal any professional seal located on your digital (re)submittals (e.g., PDF).

Payment Options

Fee Amount

Application fees are based on the estimated cost of the project/proposed improvements as shown below. Fees for applications submitted for work that has already been started or completed (also known as retroactive or After the Fact) include the base fee noted below plus $100.

  • $17,999 or less: $0
  • $18,000-$24,999: $20
  • $25,000-$49,999: $25
  • $50,000-$99,999: $35
  • $100,000-$499,000: $50
  • $500,000 and more: $100

*A mailed notice fee of $0.85/notice shall apply to all applications received on or after July 1, 2024. This fee will be determined during the review process and a separate invoice issued. The supplemental fee must be paid prior to a hearing on the application.

Payment Options

If you plan to pay in advance, planning staff must first notify the collections department to enable acceptance of payments.

Pay by Phone

Pay in Person

  • 8:00 a.m. to 5:00 p.m. (Monday through Friday except for holidays)
  • Billing & Collections Office
    Skyline Center
    929 North Front Street, 1st Floor

Pay by Mail

  • Make checks payable to: City of Wilmington
  • Please include invoice number or account number
  • Regular Mail
    City of Wilmington Collections
    PO Box 1810
    Wilmington, NC 28402
  • Express Mail
    City of Wilmington Collections
    929 North Front Street, 1st Floor
    Wilmington, NC 28401

 

Contact Us

Phone

+1-910-254-0900

Email

preservation@wilmingtonnc.gov

Location

929 North Front Street
View Map

Applications & Forms

Resources

Related Information

Back to top