Design Adjustments

Design Adjustments.jpg

Projects that do not meet the subdivision design standards, building design and material standards or Technical Standards & Specifications must obtain a waiver from those standards to be approved as designed. Design adjustments will be identified through the Pre-TRC consultation process for site plan and preliminary plan review.

The following are not eligible for consideration as design adjustments:

  • Housing type, cost of the proposed unit, occupants, unit size, or number of bedrooms
  • Minimum/maximum dimensional requirements for lot area, building height, or buffer width
  • Maximum residential density
  • Minimum required separation distances between use types
  • Floodplain regulations
  • Design requirements within local historic districts and overlays
  • Any condition of approval from another board or commission with purview of the project

Process

Step 1.Pre-TRC Consultation 

Applicants will be notified of any design adjustments needed for their proposed site plan or preliminary plan through the Pre-TRC Consultation Process

Step 2.Administrative Adjustments

Administrative adjustments can be considered for minor deviations from numeric or dimensional standards established in the City's Technical Standards and Specifications Manual. The deviation cannot exceed 10% or 10 feet, whichever is greater. Determination on whether to approve the requested deviation will be made by the City Engineer pursuant to Section 18-604 of the Land Development Code. Appeals of administrative determinations may be made through the Board of Adjustment.

Step 3.Design Adjustment Committee

All other design adjustments must be approved by the Design Adjustment Committee. Applications for design adjustments must be submitted at the time of application for a preliminary subdivision plan or formal site plan review.

Step 4.Evidentiary Hearing

As Design Adjustment Committee decisions are quasi-judicial in nature, the DAC holds evidentiary hearings on design adjustment requests. 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 DAC are prohibited. If such communications occur, they must be disclosed at the beginning of the hearing.
  • Committee 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 committee in its decision.
  • All persons with standing (as determined by the committee) 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.

 

Apply

Step 1.Electronic Submissions

All applications must be submitted electronically by emailing the Development Review team.

Step 2.Application Components

All application components (e.g. application, design adjustment narrative, etc.) must be submitted individually and named accordingly.

Step 3.Large Files

Please contact the Development Review team to make arrangements for files that exceed email limits.

Step 4.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).

 

 

 

Fees

Step 1.Payment Timing

Application fees(PDF, 107KB) must be paid in full prior to review of a design adjustment application.

Step 2.Fee Amount

  • Design Adjustment Committee: $500*
  • Engineering Administrative Adjustment: No fee

*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.

Step 3.Payment Options

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

Payment by Phone (910. 343.4745)

  • 8 a.m. to 5 p.m. (Monday through Friday except for holidays)
  • Limited to VISA and MasterCard payments.

Payment in Person

  • 8 am to 5 pm (Monday through Friday except for holidays)
  • Billing & Collections Office
    Skyline Center
    929 North Front Street, 1st Floor

Payment by Mail
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

Deadlines

Applications Accepted Monthly

Applications for the Design Adjustment Committee (DAC) are accepted on a monthly basis pursuant to the DAC schedule of meetings and submission deadlines.(PDF, 115KB) 

Late Applications

Applications received after the established deadline will be included with the following month's review cycle submissions.