1.0. General provisions.
1.1. Purpose. The purpose of the Haywood Road Form District is to implement the Haywood Road Corridor Charrette Report and the Haywood Road Vision Plan.
1.2. Intent. It is the intent of this Haywood Road Form District to:
1. Where feasible, preserve and enhance existing buildings and structures along the corridor.
2. Ensure a high quality of development for new construction;
3. Reduce the bulk and mass of buildings;
4. Ensure adequate distribution of height and mass throughout the corridor, with larger buildings located closer to Patton Avenue;
5. Allow for a mix of uses at a variety of scales;
6. Promote additional housing types and housing opportunities;
7. Make the corridor more walkable and pedestrian-friendly;
8. Implement the complete streets model by enhancing multi-modal transportation options, including transit, bicycle and pedestrian connections;
9. Calm traffic and improve vehicular circulation;
10. Support existing businesses; and
11. Ensure adequate transitions from the corridor to adjacent residential neighborhoods.
1.3. Applicability.
A. Territorial application. The Haywood Road Form District applies to all property located within the Haywood Road Corridor, as shown in subsection 2.1.
B. Application of chapter 7, Development.
1. The following requirements of chapter 7 do not apply in the Haywood Road Form District, unless expressly stated otherwise:
a. Section 7-10-2. Required setbacks; allowable encroachments into required setbacks.
b. Section 7-11-4. Open space standards.
c. Section 7-11-6. Traffic impact analysis.
d. Reserved.
e. Subsection 7-11-2c. Off- street parking requirements.
f. Subsections 7-13-4b and c. On-premises signs and single and multi-tenant signs.
g. When pertaining only to establishing a new eating and drinking establishment, microbrewery, or nightclub, the Land use impact columns of the Table of Permitted Uses (section 7-8-1(d)) for comparing land uses will not apply and parking will always be required for the new use following the provisions in the Haywood Road Form Based code.
2. The use of buildings and land within the Haywood Road Form District is subject to all other regulations as well as the Haywood Road Form District, whether or not such other provisions are specifically referenced in the Haywood Road Form District. References to other regulations or provisions of the Haywood Road Form District are for the convenience of the reader. The lack of a cross-reference does not exempt a land, building, structure or use from other regulations.
3. It will be unlikely that a single developer will be able to implement the street cross section details found within each district pertaining to road width, bike lanes and streetscape details for the corridor without more control of the roadway by the City of Asheville. Minimal sidewalk and street tree requirements will be reviewed for compliance as a part of project submittals.
4. Overhead power lines along the corridor may not permit a building within close proximity to an easement area associated with the lines; if subject to these imposed restrictions which may overlap the property line, buildings may measure their setback(s) from the line of the easement and not the edge of the right-of-way.
C. Conflicting provisions.
1. Interpretation of conflicts between the Haywood Road Form District and any other city ordinance or regulation (including chapter 7) are controlled by the Haywood Road Form District.
2. The graphics, illustrations and photographs used to visually explain certain provisions of Haywood Road Form District are for illustrative purposes only. Where there is a conflict between a graphic, illustration or photograph and the text, the text controls.
1.4. Transitional provisions.
A. New development.
1. Except as provided in subsection 1.4.C below, upon the effective date of the Haywood Road Form District or any subsequent amendment, any new building, additions or other structure or any use of land must be constructed or developed only in accordance with all applicable provisions of the Haywood Road Form District.
2. No excavation or filling of land or construction of any public or private improvements may take place or commence except in conformity with the Haywood Road Form District.
B. Existing development. Any existing use, lot, building or other structure legally established prior to the effective date of the Haywood Road Form District that does not comply with any provision of these specific regulations is a legal non-conformity pursuant to article 18.
C. Previously issued permits and pend- ing applications. Previously issued permits and pending applications will be processed in accordance with and decided pursuant to the law existing on the date the application was filed.
2.0. Districts.
2.1. Districts established.
2.2. Rules applicable to all districts. The following general rules apply to all Hay- wood Road sub-districts unless expressly stated otherwise.
A. Lot.
1. Defined. A parcel ofland either vacant or occupied intended as a unit for the purpose, whether immediate or for the future, of transfer of Ownership, or pos- session, or for develop1nent.
2. Lot area. Lot area is the area included within the rear, side and front lot lines. Lot area does not include existing or proposed right-of-way, whether dedicated or not dedicated to public use.
3. Lot width. Lot width is the distance between the two side lot lines measured at the primary street property line along a straight line or along the chord of the property line on a curvilinear lot.
B. Building coverage.
1. The maximum area of the lot that is permitted to be covered by buildings, including both principal structures, structured parking and roofed accessory structures, including gazebos.
2. Building coverage does not include paved areas such as driveways, uncovered porches or patios, decks, swimming pools, porte cochere, or roof overhangs of two feet or less. Surface parking is not considered part of building coverage.
C. Outdoor amenity space.
1. General. Where required, outdoor amenity space n1ust be provided on the lot and must be available as unenclosed exterior space appropriately improved for pedestrian amenity, rooftop space, or for aesthetic appeal and cannot include areas used for vehicles, except for incidental service, maintenance or en1ergency actions only. Outdoor amenity space may be public or private.
2. Standards.
a. Outdoor amenity space may be met in one contiguous open area or in multiple open areas on the lot; however, to receive credit, the area must be at least seven feet in width and length, and at least 40 percent of the required amenity space must be located in one contiguous open area.
b. Outdoor amenity space may be located at or above grade.
c. Outdoor amenity space may be roofed but cannot be permanently enclosed.
d. Outdoor amenity space cannot be parked or driven upon, except for emergency access and permitted temporary events.
e. In calculating the minimum outdoor amenity space requirement, the following listed facilities, and any similar facilities, may be included:
i. Ground-level facilities such as a swimming pool, playground, sport court, dog park, garden, community garden, park, green, pavilion, courtyard, seating area, outdoor dining area or plaza; and
ii. Upper-level facilities such as a shared or common balcony, rooftop deck or rooftop garden.
f. A required property line buffer is not considered outdoor amenity space.
D. Building setbacks.
1. Generally. There are four types of setbacks - primary street, side street, side interior and rear. Building setbacks apply to both principal and accessory buildings and structures except where explicitly stated otherwise.
2. Measurement of building setbacks.
a. The primary street setback is measured at a right angle from the primary street right-of- way line.
b. On corner lots, the side street setback is measured at a right angle from the side street right-of-way line.
c. The rear setback is measured at a right angle from the rear property line or the rear right-of-way or easement line where there is an alley. The rear property line is the property line opposite to the primary street property line.
d. All lot lines which are not primary street, side street or rear lot lines are considered side interior lot lines for the purpose of measuring setbacks. Side interior setbacks are measured at a right angle from the side property line.
3. Primary street designation.
a. Where only one street abuts a lot, that street is considered a primary street.
b. Where more than one street abuts a lot, Haywood Road or Patton Avenue are considered the primary street.
E. Build-to zone (BTZ).
1. Defined.
a. The build-to zone (BTZ) is the area on the lot where a certain percent- age of the front building facade must be located, measured as a minirnum and maximum setback range from the edge of the right-of-way. In cases where required streetscape elemnents are installed on private property the building setbacks shall be measured from the back of the streetscape elements.
b. The required percentage specifies the amount of the front building facade that must be located in the build-to zone, measured based on the width of the building divided by the width of the lot. In cases where driveway access is needed, the driveway width may be removed from the BTZ calculations.
2. Corner lots. On a corner lot, a building facade must be placed within the build-to zone for the first 30 feet along the street extending from the block corner, measured from the intersection of the two right-of-way lines.
3. Uses allowed. With the exception of parking spaces and outdoor storage, all structures and uses (including outdoor dining) allowed on the lot are allowed in the build-to zone.
F. Nonconforming build-to zone.
1. Additions. Expansion of an existing building which is unable to meet the build-to requirement must comply with the following nonconforming provisions:
a. Front: Addition. Any addition to the front that exceed 50 percent of the existing footprint must be placed in the build-to zone; however, the addition does not have to meet the build-to percentage for the lot. A front addition is not allowed on a contributing structure in a National Register District or a structure that is eligible for historic designation (although a variance may be granted where a hardship exists, including but not limited to a conflict with the Building Code or specific purposes for the addition that make a front location the most technically (not financially) feasible option.
b. Rear: Addition. One-story or multi-story rear additions are allowed because the extension does not increase the degree of the nonconformity.
c. Side: Addition. One-story or multi-story side additions meeting the following conditions are allowed:
i. The side addition is no greater than 500 square feet in area or 20 percent of the existing building footprint, (whichever is greater), and is less than 50 percent of the existing building width measured along the primary street.
ii. In the case of a contributing structure in a National Register District (or a structure eligible for designation), the side addition can be placed no closer than 5 feet from the street-facing facade of the building.
2. New buildings. Where a new building is being constructed on a lot or site with an existing building on it that doesn't meet the build-to requirement, the following nonconforming provisions apply.
a. Front: New building. All new buildings must be placed in the build-to zone until the build-to percent- age for the lot has been met.
b. Rear: New bztilding. New buildings located outside of the build-to zone are not allowed until the build-to percentage for the lot has been met.
c. Side: New bztilding. New buildings located outside of the build-to zone are not allowed until the build-to percentage for the lot has been met.
d. Accessory structures: New Structure New accessory structures must be placed behind or to the side of the principal building and may not exceed 500 square feet. Outdoor dining may be placed at the front of the lot to enhance the activity at the sidewalk. One-story accessory structures are permitted.
G. Setback encroachments. All buildings and structures must be located at or behind the required setbacks except as listed below. Unless specifically stated, no building or structure can extend into a required easement or public right-of-way.
1. Building features.
a. Porches, stoops, balconies, galleries and awnings/ canopies can extend into a required primary street setback as stated in subsection 2.2.R.
b. Building eaves, roof overhangs, gutters, downspouts, light shelves, bay windows and oriels less than ten feet wide, cornices, belt courses, sills, buttresses or other similar architectural features may encroach up to three feet into a required setback, provided that such extension is at least two feet from the vertical plane of any lot line.
c. Chimneys or flues may encroach up to four feet, provided that such extension is at least two feet from the vertical plane of any lot line.
d. Unenclosed patios, decks, balconies, stoops, porches, terraces or fire escapes may encroach into a side interior or rear setback, provided that such extension is at least six feet from the vertical plane of any lot line and buffer- yard requirements, if any, are met.
e. Handicap ramps may encroach to the extent necessary to perform their proper function.
f. Structures below and covered by the ground may encroach into a required setback.
g. Outdoor amenities allowed within setbacks that are in the ground plane of the site.
2. Low impact stormwater features.
a. Low impact stormwater management features may encroach up to two feet into a primary street setback (but not into the required sidewalk), including, but not limited to:
i. Rain barrels or cisterns, six feet or less in height;
ii. Planter boxes;
iii. Bio-retention areas; and
iv. Similar features, as determined by the city engineer.
b. Low impact stormwater management features listed above may encroach into a side interior or rear setback, provided such extension is at least two feet from the vertical plane of any lot line.
3. Mechanical equipment and utility lines.
a. For residential buildings only, mechanical equipment such as HVAC units and security lighting, may encroach into a required rear or side interior setback, provided that such extension is at least three feet from the vertical plane of any lot line.
b. Minor structures accessory to utilities (such as hydrants, manholes, and transformers and other cabinet structures) may encroach into a required rear, side interior or side street setback.
4. Other setback encroachments.
a. Fences and walls under section 7-10-3.
b. Property line buffers under subsection 4.2.
c. Signs under subsection 4.3.
H. Building height.
1. Building height is regulated in both number of stories and feet and is measured from the average grade to the mean height level between the eaves and ridge of a gable, hip, mansard, or gambrel roof or to the highest point of roof surface of a flat roof, not including a maximum six-foot high parapet wall encroachment. In no case is a parapet allowed to exceed six feet in height above the roof deck.
2. Average grade is determined by calculating the average of the highest and lowest elevation along natural or improved grade (whichever is more restrictive) along the front of the building parallel to the primary street setback line.
3. New principal structures must be a minimurn height of two stories. Any second story must be finished out for occupancy.
4. Where a lot slopes downward from the front property line, one story that is additional to the specified maximum number of stories may be built on the lower, rear portion of the lot.
5. An attic does not count as a story where 50 percent or more of the attic floor area has a clear height ofless than seven and one-half feet; measured from the finished floor to the finished ceiling.
6. A basement with 50 percent or more of its perimeter wall area surrounded by natural grade is not considered a story.
I. Height encroachments. Any height encroachment not listed below is prohibited.
1. The maximum height limits of the district do not apply to spires, belfries, cupolas, domes not intended for human occupancy; monuments, water tanks, water towers or other similar structures which, by design or function, must exceed the established height limits.
2. The following specified accessory structures, building and site features, and mechanical equipment may exceed the established height limit provided they do not exceed the maximum height by more than six feet:
a. Chimney, flue or vent stack;
b. Flagpole;
c. Vegetation associated with a rooftop garden or landscaping;
d. Skylights;
e. Parapet wall; and
f. Solar panels, wind turbines and rainwater collection systems.
3. The following may exceed the established height limits provided they do not exceed the maximum building height by more than ten feet, are set back at least 15 feet from the edge of the roof on the primary facade and ten feet for other sides:
a. Elevator or stairway access to roof;
b. Rooftop shade structure;
c. Greenhouse; and
d. Mechanical equipment.
4. Any of the elements listed in paragraphs 2. and 3. above are considered accessory to the principal structure and must not be used for any purpose other than as incidental to the principal structure.
J. Ground floor elevation.
1. Ground floor elevation is measured from top of the adjacent curb to the top of the finished ground floor.
2. Minimum ground floor elevation applies to the first 30 feet of the lot measured from the right-of-way line.
3. Ground floor elevation must meet the accessibility require- ments of the NC Building Code.
K. Story height.
1. Story height is measured from the top of the finished floor to the ceiling above.
2. Minimum ground story height applies to the first 30 feet of the building measured inward from the street-facing facade. At least 50 percent of the ground story must meet the minimum height provisions.
3. At least 80 percent of each upper story must meet the minimum upper story height provisions.
L. Transparency.
1. The minimum percentage of windows and doors that must cover a ground story facade. The transparency percentage is derived by dividing the transparent area of ground story windows and doors by the total area of the ground story facade along the primary or side street.
2. The minimum transparency percentage of windows and doors that must cover an upper story facade is measured from top of the finished floor to the top of the wall plate. The percentage is derived for each upper story based on the transparent area of upper story windows and doors divided by the total area of the upper story facade.
3. Transparency applies to primary and side street-facing facades only.
4. Glass is considered transparent where it has a transparency higher than 80 percent and external reflectance of less than 15 percent.
5. An opening to a parking garage is not considered transparency. Any clear glass in a garage door for a restaurant or entertainment use (and not for loading purposes) is considered transparent.
M. Blank wall area.
1. Blank wall area means a portion of the exterior facade of the building that does not include: windows or doors; columns, pilasters or other articulation greater than 12 inches in depth; or a substantial material change (paint color is not considered a substantial change). The same material used in a different pattern does not constitute a substantial material change.
2. Blank wall area applies in both a vertical and horizontal direction and to ground and upper story primary and side street- facing facades.
N. Pedestrian access.
1. An entrance providing both ingress and egress, operable to residents or customers at all times during operating hours, is required to meet the street- facing entrance requirements. Additional entrances off another street, pedestrian area or internal parking area are permitted.
2. The entrance spacing requirements must be met for each building, but are not applicable to adjacent buildings.
3. Doors are not permitted to swing into public rights-of-way.
4. An angled entrance may be provided at either corner of a building along the street to meet the street-facing entrance requirements.
O. Neighborhood compatibility.
1. Building stepback.
a. A building stepback is required when form district property is abut- ting an RS or RM district. When abutting an RS or RM district, a building must not extend into a 45-degree angular plane projecting over the subject property measured from a height of 40 feet at the side interior or rear setback line. One foot of additional setback is required for every foot of height above 40 feet.
b. The building stepback ends at any public street (not including an alley) or 150 feet from the RS or RM district property line, whichever is less.
2. Property line buffer: A property line buffer meeting the standards of subsection 4.2 is required where a Haywood Road Form District abuts a RS or RM district.
P. Building materials.
1. Applicability. The following requirements apply to all street- facing facades of a building.
2. Use of materials.
a. Traditional materials such as brick, terra-cotta, natural stone, cast stone, metal, glass, concrete are preferred for new construction and renovations. Non-traditional materials such as unpainted rough-sawn wood and materials with a rustic image are used carefully and in ways that relate to their traditional context. The use of modern sustainable or green materials may justify deviations from the use of traditional materials. Synthetic finishing system materials are not permitted at the ground or street level.
b. Primary material changes must occur at inside corners or where they wrap around an outside corner a minimum of two feet.
c. When using more than one priinary material in a facade, one is required as the main theme, with the others acting only to complement and accentuate the design.
d. Openings in masonry facades should express a structural lintel or arch to show how they are carrying the weight above.
Q. Streets, sidewalks and driveways.
1. If an appropriate width sidewalk and street trees do not exist or do not meet the sub-district requirements, the developer is responsible for installation sidewalk and street trees as shown in subsection 2.3 through subsection 2.6. Modified dimensions may be approved by the city traffic engineer to account for existing street widths and building locations.
2. The required sidewalk may be wholly or partially located on private property, provided the sidewalk is located within an easement permanently dedicated to the city.
3. Where vehicular access is provided to a site, it must occur from a side street and not from Haywood Road, unless this option is determined infeasible by the city traffic engineer. For sites that must be accessed from Haywood Road, no more than one driveway is allowed with a maximum width of 24 feet.
4. The city traffic engineer may require the closure of existing curb cuts on Haywood Road where proposed site and building improvements exceed 75 percent of the appraised value of the existing improvements (as determined by Buncombe County Tax Assessor or by an MAI-certified real estate appraiser) and alternatives to access from Haywood Road are available.
5. Aside from street tree and sidewalk requirements noted in each district, individual developers will not be required to implement the street cross-sections found in the form based code document such as travel lane widths, creation of bump- outs, etc.
R. Building elements. Individual building elements are allowed for by sub-district (see subsection 2.3 through subsection 2.6).
1. Awning/canopy. A wall-mounted, cantilevered structure providing shade and cover from the weather for a sidewalk.
a. An awning/canopy must be a minimum of nine feet clear height above the sidewalk and must have a minimum depth of three feet.
b. An awning/canopy may extend into a required setback above private property.
c. An awning/canopy may encroach up to nine feet into the public right-of. way but must be at least two feet inside the curb line or edge of pavement, whichever is greater. The encroachment requires city or DOT approval, based on the ownership of the right-of-way.
2. Balcony. A platform projecting from the wall of an upper-story of a building with a railing along its outer edge, often with access from a door or window.
a. A balcony may extend within two feet of a front property line; and three feet into a side setback, of any lot line.
b. A balcony must have a clear height above the sidewalk of at least nine feet.
c. A balcony may be covered and screened, but cannot be fully enclosed.
d. A balcony may encroach up to 6 feet into the public right-of-way but must be at least two feet inside the curb line or edge of pavement, whichever is greater. The encroachment requires city or DOT approval, based on the ownership of the right-of- way.
e. Balconies must avoid conflicts with required street trees.
3. Gallery. A covered passage extending along the outside wall of a building supported by arches or columns that is open on three sides.
a. A gallery must have a clear depth from the sup- port columns to the building's fa9ade of at least eight feet and a clear height above the sidewalk of at least nine feet.
b. A gallery must be contiguous and extend over at least 75 percent of the width of the building facade from which it projects.
c. A gallery may extend into a required setback.
d. A gallery may encroach up nine feet into the public right-of-way but must be at least two feet inside the curb line or edge of pavement, whichever is greater. The encroachment requires city or DOT approval, based on the ownership of the right-of way.
4. Front porch. A raised structure attached to a building, forming a covered entrance to a doorway.
a. A front porch must be at least six feet deep (not including the steps).
b. A front porch must be contiguous, with a width not less than 33 percent of the building fa9ade from which it projects.
c. A front porch must be roofed and may be screened, but cannot be fully enclosed.
d. A front porch may extend up to nine feet, including the steps, into a required setback, provided that such extension is at least two feet from the vertical plane of any Jot line.
e. A front porch may not encroach into the public right-of way.
5. Stoop. A small raised platform that serves as an entrance to a building.
a. A stoop must be no more than six feet deep (not including the steps) and six feet wide.
b. A stoop may be covered but cannot be fully enclosed (must not be screened in).
c. A stoop may extend up to six feet, including the steps, into a required setback, provided that such extension is at least two feet from the vertical plane of any lot line.
d. A stoop may not encroach into the public right-of- way.
6. Courtyard. An open area at grade, or within 30 inches of grade, that serves as an open space, plaza or outdoor dining area, that does not extend across the full length of building.
a. A courtyard must be no more than one-third of the length of the building face.
b. A courtyard may be no more than 35 feet in depth.
c. A courtyard is considered as part of the building for the purpose of measuring the build-to zone.
7. Forecourt. An open area at grade, or within 30 inches of grade, that serves as an open space, plaza or outdoor dining area that extends across the full length of building.
a. A forecourt may be placed in front of a building, provided that it extends no more than 20 feet in depth.
b. A forecourt extends the depth of the build-to zone in an amount equal to the courtyard depth.
c. A forecourt of at least ten feet in depth satisfies the building stepback requirement above the second floor (where applicable).
d. A forecourt may extend the entire width of the lot.
e. A forecourt may also be located internal to the lot, adjacent to one or more sides of the building.
S. Stepback details.
1. Building stepback. Building step backs are provided for the purpose of providing air and light to the street, sidewalk and neighboring properties and are not a 'form element' or architectural detail historically found along the corridor. When a building step back is required because of building height, any combination of setbacks for the creation of required or additional sidewalk width to meet the minimum standard, or building setbacks prescribed by overhead or underground utility easements that meet or exceed a minimum of ten feet, will be deemed to satisfy the building step back requirement for upper floors.
2.3. HR-I: Core.
PURPOSE AND INTENT
The HR-1: Core sub-district is intended to preserve existing buildings and to maintain the historic character of the two traditional centers on Haywood Road. Existing buildings should be reused where possible and new infill buildings should respect the existing form and context. Height requirements are set to ensure that existing buildings can compete successfully with new infill buildings. Buildings in the HR-1: Core sub-district are pulled up to the sidewalk to encourage pedestrian activity in the area. Mixed use is encouraged, and a variety of commercial uses are allowed on the ground floor. Residential and office uses are allowed in upper floors.
STREET CROSS-SECTION
1. Lot criteria.
2. Siting.
3. Height.
4. Activation.
2.4. HR-2: Expansion.
PURPOSE AND INTENT
The HR-2: Expansion sub-district is intended to extend the urban character of the Core. New buildings are encouraged in this sub-district. Since the majority of this area can be expected to redevelop, new buildings are allowed to be taller than in the Core. Mixed-use buildings in the HR-2: Expansion sub-district are pulled up to the sidewalk to encourage pedestrian activity in the area. Residential buildings are set slightly further back from the street. Mixed use is encouraged, and a variety of commercial uses are allowed on the ground floor. Residential and office uses are allowed in upper floors of mixed use buildings, and a totally residential building is also allowed.
STREET CROSS-SECTION
1. Lot criteria.
2. Siting.
3. Height.
4. Activation.
2.5. HR-3: Corridor:
PURPOSE AND INTENT
The HR-3: Corridor sub-district is intended to provide a green frontage along Haywood Road to provide relief from the urban areas of the Core and Expansion sub-districts. Existing buildings should be reused where possible and new infill buildings should respect the traditional form and context. Buildings in the HR-3: Corridor sub-district with active ground floors are pulled up to the sidewalk to encourage pedestrian activity in the area. Residential buildings are set slightly further back from the street, providing a green edge along Haywood Road. A variety of uses are allowed in this sub-district, with a focus on residential and office uses.
STREET CROSS-SECTION
1. Lot criteria.
2. Siting.
3. Height.
4. Activation.
2.6. HR-4: Traditional & HR-7: Traditional Community.
PURPOSE AND INTENT
The HR-4: Traditional and HR-7 Traditional Community sub-districts are intended to preserve existing buildings and to expand the historic character this center on Haywood Road. Existing build- ings should be reused where possible and new infill buildings should respect the traditional form and context. Height requirements are set to ensure that exist- ing buildings can compete successfully with new infill buildings. Buildings in the HR-4: Traditional and HR-7 Traditional Community sub-districts are pulled up to the sidewalk to encourage pedestrian activity in the area. Mixed use is encouraged, and a variety of con1- mercial uses are allowed on the ground floor. Residential and office uses are allowed in upper floors of mixed use buildings, and a totally residential build- ing is also allowed.
STREET CROSS-SECTION
1. Lot criteria.
2. Siting.
3. Height.
4. Activation.
2.7 HR-5: Live-Work.
PURPOSE AND INTENT
The HR-5: Live-Work sub-district is intended for new residential or live-work buildings that address and conform to the steep topography of the area. Live- work buildings in the HR-5: Live-Work sub-district are pulled up to the sidewalk to encourage pedestrian activity in the area. Residential buildings are set slightly further back from the street. A variety of live-work and residential uses are allowed in this sub-district.
STREET CROSS-SECTION
1. Lot criteria.
2. Siting.
3. Height.
4. Activation.
2.8 R-6: Town.
PURPOSE AND INTENT
The HR-6: Town sub-district is intended to provide a new center of activity where Haywood Road meets Patton Avenue. Redevelopment with new, taller buildings is encouraged in this sub-district in order to take advantage of the spectacular views afforded by this hilltop location. Mixed-use buildings in the HR-6: Town sub-district are pulled up to the sidewalk along Haywood Road to encourage pedestrian activity in the area. Buildings along Patton Avenue may be pulled back to allow limited parking between the building and the street. Mixed use is encouraged, and a variety of commercial uses are allowed on the ground floor. Residential and office uses are allowed in upper floors of mixed use buildings.
STREET CROSS-SECTION
1. Lot criteria.
2. Siting.
3. Height.
4. Activation.
3.0. Land use.
3.1. Classification of uses. This section establishes the uses allowed. A lot or building must be occupied with only the uses allowed in this section. Any one or more allowed uses may be established on a lot, subject to the requirements of this section, and in compliance with all applicable requirements of this Haywood Road Form District.
A. Principal uses.
1. Allowed principal uses by sub-district are shown in the Table of Permitted Uses in section 7-8-1(d).
2. Any use not listed is not allowed unless the planning and development director determines that the use is similar to a listed use. Prohibited uses found in the Table of Uses in 7-8-1d of this chapter also apply to the Haywood Road Form District.
3. When determining whether a proposed use is similar to a listed use, the planning and development director will consider the following:
a. The actual or projected characteristics of the proposed use.
b. The relative amount of site area or floor area and equipment devoted to the proposed use.
c. Relative amounts of sales.
d. The customer type.
e. The relative number of employees.
f. Hours of operation.
g. Building and site arrangement.
h. Types of vehicles used and their parking requirements.
i. The number of vehicle trips generated.
j. How the proposed use is advertised.
k. The likely impact on surrounding properties.
l. Whether the activity is likely to be found independent of the other activities on the site.
4. Where a use is determined not to be similar to any listed use, a text amendment is required prior to establishment of that use.
B. Accessory uses.
1. Accessory uses and structures are permitted in conjunction with an allowed principal use. Accessory uses and structures must be accessory and clearly and customarily incidental and subordinate to a permitted principal use or structure.
2. No accessory use or structure may be established prior to the establishment of a permitted principal use or structure.
3. All accessory structures must meet the requirements of subsection 2.0.
4. The planning and development director is authorized to determine when a use or structure is accessory. In order to classify a use or structure as accessory, the planning and development director must determine that the use or structure:
a. Is subordinate to the principal use in terms of area, extent and purpose;
b. Contributes to the comfort, convenience or necessity of occupants of the principal use or structure served;
c. Is located on the same lot as the principal use or structure, or on a contiguous lot in the same ownership;
d. Does not involve operations not in keeping with the character of the principal use or structure served; and
e. Is not of a nature likely to attract visitors in larger numbers than would normally be expected for the principal use or structure.
C. Temporary uses.
1. Temporary uses are allowed following provisions found in Article 14 of the UDO.
3.2. Permitted use table. See Table of Permitted Uses section 7-8-1(d) for a list of permitted uses in the Haywood Road Form District.
3.3. Special standards.
A. Drive-through facility.
1. Adequate space must be made available on-site for the stacking, storage and queuing of vehicles.
2. Vehicles using drive-through facilities may not encroach on or interfere with the public use of streets and sidewalks by vehicles or pedestrians.
3. All drive-through areas, including but not limited to menu boards, stacking lanes, trash receptacles, ordering box, drive up windows, and other objects associated with the drive-through area, must be located to the side or rear of the building. Drive-through windows and lanes may not be placed between the street and the associated building.
4. A restaurant with a drive- through must provide at least four queuing spaces, measured from the first pick-up window.
5. A bank or pharmacy with a drive-through must provide at least three queuing spaces per drive-through lane, measured from the teller box or window.
6. All other uses determined by the city traffic engineer.
B. Live-work.
1. In a mixed-use building containing live-work units, at a minhnum, the ground floor primary street-facing fa,ade must be activated with permitted commercial uses. This does not preclude other commercial spaces being included in additional locations in the building.
2. The live-work unit cannot exceed 1,500 square feet in gross floor area.
C. Parking structures.
1. Parking structures must meet all the requirements for a principal structure as specified in subsection 2.0. In no case can structured parking exceed the height of the principal building on the site.
2. The ground story of a structured parking garage facing Haywood Road or Patton Avenue must have active uses (such as, but not limited to, residential, commercial, office or civic space, where permit ted) located between the parking structure and the street (not including an alley).
3. Where upper stories of structured parking are at the perimeter of a building, they must be screened so that cars are not visible from ground level view from adjacent property or adjacent public street right-of-way (not including an alley).
4. Architectural and vegetative screens must be used to articulate the facade, hide parked vehicles and shield lighting. In addition, any ground floor facade treatment (building materials, windows, and architectural detailing) must be continued on upper stories.
5. Parking structure entries must not exceed 16 feet clear height and 25 feet clear width.
D. Parking lots.
1. Parking lots are to be located on a parcel no closer to the street than the minimum build- ing setback. Normal parking lot landscaping and screening from the street apply.
4.0. Site development.
4.1. Parking.
A. Applicability. The parking requirements of section 7-11-2 apply in the Haywood Road Form District, except the sections identified below:
1. Subsection 7-11-2(c), Off-Street Parking Requirements;
2. Subsection 7-11-2(d), Off-Street Loading Requirements; and
3. Subsection 7-11-2(e)(2), Remote Parking.
4. Subsection 7-11-2(f), On-street parking spaces. Existing or newly created on-street spaces are counted one for one to meet parking requirements.
B. Required parking. The following minimum vehicle and bicycle parking spaces are required.
Use | Vehicle Parking Spaces (min) | Bicycle Parking (min) | |||
HR-1: Core HR-2: Expansion | HR·3 Corridor HR-4: Traditional HR-6: Town HR-7: Trad. Comm. | HR-5: Live-Work | Spaces | Short-term / Long term | |
Use | Vehicle Parking Spaces (min) | Bicycle Parking (min) | |||
HR-1: Core HR-2: Expansion | HR·3 Corridor HR-4: Traditional HR-6: Town HR-7: Trad. Comm. | HR-5: Live-Work | Spaces | Short-term / Long term | |
Existing Building | |||||
Eating/drinking establishment, microbrewery, nightclub | 1 per 250 sf | same as new building | same as new building | same as new building | same as new building |
All other uses | none | same as new building | same as new building | same as new building | same as new building |
New Building or Addition | |||||
Dwelling, multifamily or upper- story | 1 per unit (upper story only) | 1 per unit | 1 per unit | .5 per unit up to 2 bedrooms plus .25 per additional bedroom | 80%/20% |
All other residential uses | 1 per unit | 1 per unit | 1 per unit | none | - |
Park, playground, greenway, fire or police station, public utility or related facility | none | none | none | none | |
Place of worship | greater of 1 per 4 seats or 1 per 40 sf | greater of 1 per 4 seats or 1 per 40 sf | greater of 1 per 4 seats or 1 per 40 sf | 1 per 5,000 sf 2 min | 90%/10% |
All other public and institutional uses | 1 per 500 sf | 1 per 500 sf | 1 per 500 sf | 1 per 5,900 sf 2 min | 90%/10% |
All food, beverage and entertainment uses | 1 per 250 sf | 1 per 250 sf | - | 1 per 2,500 sf 2 min | 80%/20% |
All lodging uses | 1 per guest room | 1 per guest room | 1 per guest room | 1 per 2, 00 SF 2 min | 80%/20% |
Health and fitness facility | 1 per 250 sf | 1 per 250 sf | 1 per 250 sf | 1/2,500 SF 2 min | 80%/20% |
All other retail, service and office uses | 1 per 500 sf | 1 per 500 sf | 1 per 500 sf | 1/2,50 SF 2 min | 80%/20% |
All other uses types | none | none | none | none | - |
C. Location of required vehicle parking. Required vehicle parking must be located on the same lot as the use they are intended to serve, except as listed below.
1. On-street parking. See subsection 7-11-2.(f).
2. Remote parking.
a. All required parking spaces can be located off- site if the remote parking area is located within 660 feet from the primary entrance of the use served. Accessible parking spaces shall meet building code require1nents.
b. Up to 50% of the required parking spaces may be located more than 660 feet off-site, if the parking area is located within 1,320 feet from the primary entrance of the use served.
c. Specifically designated parking spaces for employees may be located off-site np to 2,640 feet from the primary entrance of the use served.
d. All remote parking spaces used to meet an on-site parking requirement must be located within the boundaries of the Hay- wood Road Corridor District or other com- mercial districts; except that parking spaces for permitted non-residential uses in a residential district may be used for corridor parking.
e. The off-site parking area is measured in walking distance from the nearest point of the remote parking area to the primary entrance of the use served.
f. Any remote parking spaces must be guaranteed by a written agreement between the owner of the remote park- ing area and the owner of the use served by the remote parking area. Change of ownership of either parcel requires a renewal of the agreement.
D. Location of required bike parking.
1. General requirernents.
a. Bicycle parking spaces must be located on paved or pervious, dust-free surface with a slope no greater than three percent. Surfaces cannot be gravel, landscape stone, or wood chips.
b. Bicycle parking spaces must be a miniinurn of two feet by six feet. There must be an access aisle a minimum of five feet in width.
c. Each required bicycle parking space must be accessible without moving another bicycle and its placement must not result in a bicycle obstructing a required walkway.
d. Up to 25 percent of bicycle parking may be structured parking, vertical parking or wall mount parking, provided there is a five- foot access aisle for wall mount parking.
e. All racks must accomo modate cable locks and "U" locks and must permit the locking of the bicycle frame and one wheel to the rack and must support a bicycle in a stable position.
2. Short-term bicycle parking. Required short-term bicycle parking spaces must be located in a convenient and visible area at least as close as the closest non-accessible vehicle parking and within 100 feet.
3. Long-term bicycle parking.
a. Required long-term bicycle parking spaces must be located in enclosed and secured or supervised areas providing protection from theft, vandalism and weather and must be accessible to intended users.
b. Required long-term bicycle parking for residential uses can be located within dwelling units or within deck, patio areas, or private storage areas accessory to dwelling units.
c. With permission of the planning and development director, long-term bicycle parking spaces for nonresidential uses may be located off-site within 300 feet of the site.
d. The off-site parking area is measured in walking distance from the nearest point of the remote parking area to the closest primary entrance of the use served.
E. Required vehicle loading.
1. General provisions.
a. Loading and unloading activities may not encroach on or interfere with the use of sidewalks, drive aisles, queuing areas and parking areas by vehicles or pedestrians.
b. With the exception of areas specifically designated by the city, loading and unloading activities are not permitted in the public right-of-way.
c. If determined necessary by the planning and development director, adequate space must be made available on-site for the unloading and loading of goods, materials, items or stock for delivery and shipping.
2. Location. If a loading area is required or provided, it must meet the following.
a. The loading area must be located on the same lot occupied by the use served and must be accessible from a public street or alley.
b. The loading area must be located to the side or rear of buildings. Loading areas may not be placed between the street and the associated building.
4.2. Landscaping and screening.
A. Applicability. The landscape and buffering requirements of section 7-11-3 apply in the Haywood Road Form District, except as identified below:
2. Any Haywood Road Form District may modify the street buffer requirement of subsection 7-11-3(d)(5) by placing a wall at a minimum height of three feet in place of the required shrubs.
3. When abutting a RS or RM district, the property line buffer requireinents of subsection 7-11-3(d)(1) for a Type A Buffer-yard apply, except that when a wall is used (as described below), the bufferyard may be provided as follows:
a. Depth: 10 feet min.
b. Wall height: 6 feet min./8 feet max.
c. Evergreen Trees: 3.
d. Deciduous Trees (large): 3.
e. Shrubs (large): 8.
B. Grading.
1. Speculative grading of land is not permitted within the Haywood Road Form District. No grading or removal of vegetation is permitted prior to approval of a site development plan.
2. Natural slopes in excess of 45 degrees must not be graded, and existing vegetation must not be removed.
4.3. Signs.
A. Applicability. The sign requirements of Article XIII apply in the Haywood Road Form District, except as identified below:
1. Subsection 7-13-4(a)(8)(a). See subsection 4.3.H for temporary and permanent window sign requirernents.
2. A-frame signs are permitted as temporary signs, provided they comply with the requirements of subsection 7-13-4(a)(8)(c).
B. Sign types allowed by district. Signs are allowed by sub-district as set forth below. Specific requirements for each sign are shown on the following pages.
Core HR-1 | Expansion HR-2 | Corridor HR-3 | Traditional HR-4 | Live-Work HR-5 | TownHR-6 | Traditional Community HR-7 |
Core HR-1 | Expansion HR-2 | Corridor HR-3 | Traditional HR-4 | Live-Work HR-5 | TownHR-6 | Traditional Community HR-7 | |
Wall Sign | p | p | p | p | p | p | p |
Awning Sign | p | p | p | p | p | p | p |
Canopy Sign | p | p | p | p | p | p | p |
Projecting Sign | p | p | p | p | p | p | p |
Window Sign | p | p | p | p | p | p | p |
Post Sign | - | p | p | p | - | p | p |
Monument Sign | - | - | - | - | - | p* | - |
A-Frame Sign | p | p | p | p | p | p | p |
KEY: P = Sign type allowed - = Sign type not allowed * = Allowed on sites with street frontage on Patton Ave | |||||||
C. Number of signs allowed.
1. Wall signs, awning signs, canopy signs. A maximum of two signs on a primary street (any combination of wall signs, awning signs or canopy signs) are allowed per tenant space. One additional sign is allowed on a side street.
2. Projecting signs. A maximum of one projecting sign is allowed per tenant space.
3. Window signs. The number of window signs is unlimited, provided the maximum percentage of all temporary and permanent signs covering ground story windows and doors is not exceeded.
4. Post sign, monument sign.
a. Where allowed, only one post sign or monurnent sign is allowed per street frontage, provided all signs are conforming.
b. One additional post sign or 1nonument sign is allowed for properties with 1,000 feet or more of street frontage. Where more than one post sign or monument sign is allowed, signs along the same street frontage must be spaced a minimum of 500 feet apart.
c. Where a post sign is installed, only one wall, awning or canopy sign is allowed per tenant space.
5. A-Frame signs. A-Frame signs will follow regulations found in the City Code of Ordinances concerning placement and size and process for approving such signage.
D. Wall sign.
E. Awning sign.
F. Canopy sign.
G. Projecting sign.
H. Window sign.
I. Post sign.
J. Monument sign.
K. Illumination. Illumination of signs must be in accordance with the following requirements.
1. Illumination permitted by sign type.
Internal | External | |
Wall Sign | Yes | Yes |
Awning Sign | No | No |
Canopy Sign | Yes | Yes |
Projecting Sign | No | Yes |
Window Sign | No | No |
Post Sign | No | Yes |
Monument Sign | Yes | Yes |
2. Prohibited light sources.
a. Blinking, flashing and chasing.
b. Bare bulb illumination.
c. Colored lights used in any manner so as to be confused with or construed as traffic control devices.
d. Direct reflected light that creates a hazard to opera- tors of motor vehicles.
e. Lights that outline property lines, sales areas, roof lines, doors, windows or siinilar area are prohibited, except for seasonal lighting or very low luminosity lighting displays using multiple lamps.
3. External illumination.
a. Lighting directed toward a sign must be shielded so that it illuminates only the face of the sign and does not shine directly onto public right-of-way or adjacent properties.
b. Lighting fixtures must be directed downward rather than upward.
c. Projecting light fixtures used for externally illuminated signs must be simple and unobtrusive in appearance and not obscure the sign.
4. Internal illumination.
a. Channel letters may be internally lit or back-lit.
b. For cabinet signs, the background must be opaque or a darker color than the message of the sign.
c. Exposed neon may be used for lettering or as an accent.
5. Raceways and transformers.
a. If a raceway is necessary, it cannot extend in width or height beyond the area of the sign.
b. A raceway must be finished to match the background wall or canopy, or integrated into the overall design of the sign.
C. Visible transformers are not allowed.
4.4. Outdoor display and storage.
A. Applicability. The requirements of this section apply where merchandise, material or equipment is stored outside of a completely enclosed building.
B. Outdoor display.
1. Defined.
a. The outdoor display of products actively available for sale. The outdoor placement of propane gas storage racks, ice storage bins, soft drink, video rentals or similar vending machines is considered outdoor display.
b. Outdoor display does not include merchandise or 1naterial in boxes, in crates, on pallets or other kinds of shipping containers (see limited outdoor storage),
2. Standards.
a. Outdoor display is only allowed with a permitted ground floor nonresidential use.
b. Outdoor display must abut the primary facade with the principal customer entrance, and may not extend more than six feet from the facade or occupy more than 25 percent of the horizontal length of the facade.
c. Outdoor display cannot exceed six feet in height.
d. Outdoor display must be removed and placed inside a fully-enclosed building at the end of each business day, except propane gas storage racks, ice storage bins, soft drink, video rentals or similar vending machines may remain outside overnight.
e. Outdoor display may not encroach upon any public right-of-way or sidewalk. Outdoor display may not impair the ability of pedestrians to use the sidewalk. There must be a minimum of six feet of clear distance of sidewalk at all times.
C. Outdoor storage.
1. Defined.
a. Outdoor storage is the overnight storage of products or materials outside of a building.
b. Outdoor storage includes merchandise or material in boxes, in crates, on pallets or in shipping containers, the overnight outdoor storage of vehicles awaiting repair, RV's and boats, garden supplies, building supplies, plants, fleet vehicles and other similar merchandise, material, vehicles, or equipment.
2. Standards.
a. Outdoor storage is not permitted except with planning and zoning com- mission approval.
b. The planning and zoning commission will determine where outdoor storage may be allowed on the site, and its extent (vertically and horizontally) must be shown on an approved site plan.
5.0. Administration.
5.1. Form-based code adrninistration.
A. UDO administrative procedures apply. The administrative procedures of the city's Unified Development Ordinance (chapter 7 of the Municipal Code) apply to this form-based code, except as expressly modi- fied below.
B. Pre-application conference required. A pre-application conference with the city's planning and develop- ment staff is required prior to any application for approval under this form-based code.
6.0. Definitions.
6.1. Defined terms.
A. General meaning of words and terms.
1. All words and terms used have their commonly accepted and ordinary meaning unless they are specifically defined in this Haywood Road Form District or the context in which they are used clearly indicates to the contrary.
2. When vagueness or ambiguity is found to exist as to the meaning of any word or term used, any appropriate canon, maxim, principle or other technical rule of interpretations or construction used by the courts of this state may be employed to resolve vagueness and ambiguity in language.
3. Terms defined for the purpose of the Haywood Road Form District may be found in section 7-2-5.
(Ord. No. 4342, § 1e, 9-9-14; Ord. No. 4630, § 1, 11-28-17; Ord. No. 4637, § 1i, 1-9-18; Ord. No. 4361, § 1x, 3-23-21; Ord. No. 5010, § 1(b), 4-25-23; Ord. No. 5028, §§ 1c–f, 7-25-23)