1.0. General provisions.
1.1. Purpose. The purpose of the River Arts Form District is to implement the City Development Plan 2025, Riverside Drive Development Plan, the River Redevelopment Plan and the River Arts District Form-Based Code Charrette Report.
1.2. Intent. It is the intent of this River Arts Form District to:
A. Maintain the industrial and creative arts feel of the district;
B. Retain an environment that supports working artists and their studios;
C. Support the adaptive re-use of existing buildings;
D. Improve connections and mobility while balancing walking, biking and vehicular options;
E. Apply flood damage prevention requirements that enhance resiliency;
F. Allow for development intensities that support future infrastructure improvements;
G. Ensure that new development supports the community's vision for the district; and
H. Add predictability for residents, tenants and owners.
1.3. Applicability.
A. Territorial application. The River Arts Form District applies to all property located within the River Arts Form District boundary as shown in subsection 2.1.
B. Application of chapter 7, Development.
1. All development within the River Arts Form District shall conform with the requirements of chapter 7. The following requirements of chapter 7 do not apply in the River Arts 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.
2. The use of buildings and land within the River Arts Form District is subject to all applicable local, state, and federal regulations as well as the River Arts Form District, whether or not such other provisions are specifically referenced in the River Arts Form District. References to other regulations or provisions of the River Arts 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.
C. Conflicting provisions.
1. Interpretation of conflicts between the River Arts Form District and any other city ordinance or regulation (including chapter 7) are controlled by the River Arts Form District.
2. The graphics, illustrations and photographs used to visually explain certain provisions of River Arts 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 River Arts Form District or any subsequent amendment, any new building or other structure or any use of land must be constructed or developed only in accordance with all applicable provisions of the River Arts 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 River Arts Form District.
B. Existing development. Any existing use, lot, building or other structure legally established prior to the effective date of the River Arts 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 pending 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 River Arts 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 possession, or for development.
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 Jot 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. 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. In cases where required streetscape elements are installed on private property the building setbacks shall be measured from the back of the streetscape elements.
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.
e. In cases where a PUE is on private property the building setbacks may be measured from the easement line or the setback may reduced to zero feet from the easement line.
3. Primary street designation.
a. Where only one street abuts a lot, that street is considered a primary street.
b. The following streets are considered primary streets:
i. Clingman Avenue and Clingman Extension:
ii. Craven Street;
iii. Depot Street;
iv. Haywood Road;
v. Lyman Street;
vi. Ralph Street;
vii. Riverside Drive; and
viii. Roberts Street.
c. A lot can have more than one primary street.
D. Parking setbacks.
1. All parking spaces must be located behind the parking setback line. Underground parking may encroach into a required parking setback but cannot extend into a required easement or the right-of-way.
2. The parking setback applies to surface parking and to the ground story only of a build- ing.
3. Parking setbacks are measured from the right-of-way.
E. Parking location for townhouses/multifamily.
1. General. Garage doors used for the parking of vehicles must be placed entirely to the rear of the unit and be rear-ac- cessed and must face the rear alley or easement.
2. RAD-RES. In RAD-RES, garage doors may face the street provided the following are met:
a. Garage doors may constitute no more than 50 percent of the width of the individual townhouse unit.
b. Combined parking and driveway area cannot be more than 50 percent of the arna between the front building facade and the front property line.
c. Any parking in the front setback must have suf- ficient depth so that parked cars do not encroach on the adjacent sidewalk. To provide sufficient depth, the garage doors must be set back at least 20 feet from the sidewalk.
d. Garage doors must be recessed at least one foot behind the front wall plane or a second-story element over the garage doors must be provided that extends at least one foot beyond the front wall plane.
F. 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 minimum and maximum setback range from the edge of the right-of-way. In cases where required streetscape elements 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.
c. The build-to zone applies up to the minimum required building height.
2. Corner lots. On a corner lot, a building facade must be placed within the build-to zone (BTZ) 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 (BTZ).
4. Driveways. In no case will driveway access to a lot be denied because of the build-to requirement.
G. 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 Historic 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 NC Building Code or specific purposes for the addition that make a front location the most technically, not financially feasible option).
b. Rear: Addition. Rear additions are allowed because the extension does not increase the degree of the nonconformity.
c. Side: Addition. 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 Historic District (or a structure eligible for designation), the side addition must be placed no closer than five 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 percentage for the lot has been met.
b. Rear: New Building. 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 Building. 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. Outdoor dining may be placed at the front of the lot to enhance activity at the sidewalk.
H. 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. Arcades, awnings/ canopies, balconies, front porches and stoops may encroach into a required primary or side street setback as stated in subsection 2.2.R.
b. Raised entries may extend into a required primary or side street setback as stated in subsection 2.2.S.
c. 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.
d. 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.
e. 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.
f. Handicap ramps may encroach to the extent necessary to perform their proper function.
g. Structures below and covered by the ground may encroach into a required setback.
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.
I. 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. Except for RAD-IND and RAD-OSP, new principal structures must be a minimum height of two stories, however one-story additions under 500 square feet cumulatively are permitted. Any required second story must be finished out with habitable space. All permitted industrial uses are also exempt from the minimum two story height limit but must be a minimum height of 24 feet.
4. An attic does not count as a story where 50 percent or more of the attic floor area has a clear height of less than seven and one-half feet; measured from the finished floor to the finished ceiling.
5. A basement with 50 percent or more of its perimeter wall area surrounded by natural grade is not considered a story.
J. 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, smoke stacks or other type of structure not intended for human occupancy; monuments, water tanks, beer 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, do not occupy more than 25 percent of the roof area, and are set back at least ten feet from the edge of the roof:
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.
K. 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, except where ground floor elevation must meet the requirements of section 7-12-1 Flood Protection.
3. Ground floor elevation must meet the requirements of the NC Building Code.
L. 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.
M. Building stepbacks. In RAD-NT and RAD-SHP, certain upper stories must be stepped back from the right-of-way line by at least ten feet. A maximum of 20 percent of the building facade width may encroach into the ten foot stepback as shown below.
N. Transparency.
1. The minimum percentage of windows and doors that must cover a ground or upper story facade is measured from top of the finished floor to the top of the wall plate. The percentage is derived for each story based on the transparent area of all ground or upper story windows and doors divided by the total area of the ground or upper story facade.
2. Transparency applies to primary and side street-facing facades only.
3. Glass is considered transparent where it has a transparency higher than 80 percent and external reflectance of less than 15 percent.
4. An opening to a parking garage is not considered transparency.
5. Any glass in a garage door for a restaurant or entertainment use (and not for loading purposes) is considered transparent.
6. Garage doors that have no or limited transparency that can be rolled up during regular business hours (and are not used for the storing or parking of cars) can count for up to 50 percent of a transparency requirement.
O. 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 horizontally to ground and upper story primary and side street-facing facades.
P. 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 a public right-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.
5. See subsection 2.2.S for additional entry requirements in flood prone areas.
Q. Streetscape.
1. If an appropriate width sidewalk and street trees do not exist or do not meet the subdistrict requirements, the developer is responsible for the installation of sidewalk and street trees as shown in subsection 2.3 through subsection 2.9. 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. If a public utility easement (PUE) prevents the planting of trees under power lines, an applicant does not have to seek alternative compliance.
R. Building elements. Individual building elements are allowed for by sub-district (see subsection 2.3 through subsection 2.9).
1. Arcade. A covered passage supported by arches or columns that is open on three sides with enclosed habitable space above.
a. An arcade must have a clear depth from the support columns to the building's facade of at least eight feet and a clear height above the sidewalk of at least nine feet.
b. An arcade must be contiguous and extend over at least 75 percent of the width of the building facade from which it projects.
c. An arcade cannot encroach into a required setback or the public right- of-way.
2. 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. The planning and urban design director may approve a modification to these standards in order to fit an awning or canopy on an existing building.
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 approval.
3. 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 extend up to six feet into a requfred setback, provided that such extension is at least two feet from the vertical plane 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 approval.
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 facade 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 lot 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.
S. Flood area building entries. In flood prone areas, one of the following entry treatments must be used to meet the street-facing entry requirement.
1. Raised entry, external. Stairs attached to the outside of a building that provides pedestrian access to the first occupiable floor in a flood prone area.
a. Where parking is provided within or below a building on the ground level, the parking area must be screened from the right-of-way with a street wall that is at least 25 percent but no more than 75 percent opaque.
b. The area between the street-facing building facade and the sidewalk must be planted at ground level, or in raised planters or planting beds permanently affixed to the ground. Plantings must consist of shrubs within six feet of the building facade that attain a height of at least three feet. Planting is not required at entrances to and exits from the building or within driveways. Seating areas and public art are encouraged but not required.
c. A raised external entry may extend into a required setback, provided that such extension is at least two feet from the vertical plane of any lot line.
d. Handrails and fences shall be a maximum of 75 percent opaque.
2. Raised entry, internal. An at-grade building entrance that provides access to shared entry area of a building in a flood prone area.
a. A lobby with a minimum width of 20 feet must be provided along the street-facing building facade at t]le level of the adjoining sidewalk with a depth of at least ten feet. Transparency must be applied to at least 40 percent of the surface area of the street-facing building facade.
b. Where parking is provided within or below a building on the ground level, the parking area must be screened from the right-of-way with a street wall that is at least 25 percent but no more than 75 percent opaque.
c. The area between the street-facing building facade and the sidewalk must be planted at ground level, or in raised planters or planting beds permanently affixed to the ground. Plantings must consist of shrubs within six feet of the building facade that attain a height of at least three feet. Planting is not required at entrances to and exits from the building or within driveways. Seating areas and public art are encouraged but not required.
3. Raised entry, staircase. A staircase integral to the building that provides pedestrian access to the first occupiable floor in a flood prone area.
a. Stairs must be constructed between grade and the lowest occupiable floor and the staircase must be a minimum width of ten feet.
b. Where parldng is provided within or below a building on the ground level, the parking area must be screened from the right- of-way with a street wall that is at least 25 percent but no more than 75 percent opaque.
c. The area between the street-facing building facade and the sidewalk must be planted at ground level, or in raised planters or planting beds permanently affixed tii the ground. Plantings must consist of shrubs within six feet of the building facade that attain a height of at least three feet. Planting is not required at entrances to and exits from the building or within driveways. Seating ai.eas and public art are encouraged but not required.
d. The stairs may extend into a required setback, provided that such extension is at least two feet from the vertical plane of any lot line.
T. Maximum building length options. Street-facing building length is the maximum length of a building before a new building must be constructed. The following options can be used to meet the maximum street-facing building length set for each sub- district.
1. Flood prone areas.
a. Parking podium. A one- story parking podium may break the maximum street-facing building length requirement provided the following standards are met every 200 feet:
i. A raised staircase is provided (see subsection 2.2.S.3).
ii. A direct pedestrian connection on top of the parking podium is provided from the front of the lot to the rear, or to the intersecting alley or street behind.
iii. The distance between buildings on top of the parking podium is at least 15 feet.
b. Upper stories. Stories above the first occupiable story may also break the maximum street-facing building length requirement provided the following standards are met every 200 feet:
i. A raised staircase is provided (see subsection 2.2.S.3).
ii. A direct pedestrian connection on top of the parking podium is provided from the front of the lot to the rear, or to the intersecting alley or street behind.
iii. The pedestrian connection is at least 15 feet in width and has a clear height of at least 11 feet.
iv. For the width of the staircase, stories above the first occupiable story must be set back at least 15 feet from the front facade of the parking podium.
2. Non-flood prone areas.
a. Upper stories. The upper stories of building may break the maximum street-facing building length requirement provided the following standards are met every 150/200 feet (as applicable):
i. A direct pedestrian connection is provided from the front of the lot to the rear, or to the intersecting alley or street behind.
ii. The pedestrian connection is at least 15 feet in width and has a clear height of at least 12 feet.
iii. For the width of the pedestrian connection, upper stories must be set back at least 15 feet from the front facade of the building.
U. Use of materials.
1. Traditional materials such as brick, terracotta, 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 devia- tions from the use of traditional materials. Synthetic finishing system materials are not permitted at the ground or street level.
2. Primary material changes must occur only at inside corners or where they wrap around an outside corner a minimum of two feet.
2.3. RAD-RES: Residential.
A. Purpose and intent.
1. Form. RAD-RES is intended to accommodate a variety of small-scale residential buildings that address and conform to the topography of the area.
2. Height. Building height is limited to 3 stories.
3. Front setbacks. Buildings must be pulled up to the sidewalk to encourage pedestrian activity.
4. Use. A variety of residential uses are allowed. Live/work and home occupations are allowed subject to standards that limit the extent of the nonresidential activity.
B. Lot criteria.
C. Siting.
D. Access and parking.
E. Bulk and mass.
F. Public realm.
2.4. RAD-LYH: Lyman Hollow.
A. Purpose and intent.
1. Form. RAD-LHY is intended to accommodate a variety of large-scale residential, commercial and mixed use buildings that address and conform to the topography of the area.
2. Height. Building height is limited to five stories.
3. Front setbacks. Buildings setbacks are more flexible to allow for a variety of building and parking placement options.
4. Use. A broad range of commercial, employment, light industrial and residential activity is allowed.
B. Lot criteria.
C. Siting.
D. Access and parking.
E. Height.
F. Public realm.
2.5. RAD-NT: Neighborhood Transition.
A. Purpose and intent.
1. Form. RAD-NT is intended to accommodate a variety of small-scale residential, commercial and mixed use buildings that address and conform to the topography of the area, taking into consideration nearby residential zoning.
2. Height.
a. Maximum building heights is four stories except for the following:
i. Height is limited to three stories when it is adjacent to residentially zoned property (RS, RM districts).
ii. Where properties are accessed from side streets adjacent to residential zoning, height is limited to three stories.
b. Buildings that back to the French Broad River can utilize the topography for additional height below the grade of the access street.
3. Front setbacks. Ground floor facades must be pulled up to the sidewalk to encourage pedestrian activity. However, to help ensure compatibility along the street, the 4th story (where allowed) must be stepped back from the street.
4. Use. A broad range of commercial and residential uses are allowed.
B. Lot criteria.
C. Siting.
D. Access and parking.
E. Height.
F. Public realm.
2.6. RAD-SHP: Shopfront.
A. Purpose and intent.
1. Form. RAD-SHP is intended to accommodate a variety of mixed use buildings that address and conform to the topography of the area. This area is characterized by narrower ROWs and a walkable pedestrian environment.
2. Height. Building height is limited to four stories. However, an additional story is allowed for the provision of affordable units.
3. Front setbacks. Ground floor facades must be pulled up to the sidewalk to encourage pedestrian activity. However, to help ensure compatibility along the street, 3rd, 4th and 5th stories must be stepped back from the street.
4. Use. A broad range of commercial and residential uses are allowed. However, to encourage maximum levels of pedestrian activity, ground floor residential uses are not allowed.
B. Lot criteria.
C. Siting.
D. Access and parking.
E. Height.
F. Public realm.
2.7. RAD-RIV: River.
A. Purpose and intent.
1. Form. RAD-RIV is intended to accommodate a variety of medium to large-scale residential, commercial and mixed use buildings that address and conform to the flood zone protection requirements.
2. Height. Building height is limited to five stories. However, additional stories are allowed for the provision of affordable units as provided in subsection 2.7.E.
3. Front setbacks. Buildings must be setback slightly from the street to allow for adequate treatment of building facades that contain restricted ground floor activity (parking, lobbies and storage) due to the flood zone protection requirements.
4. Use. A broad range of commercial, manufacturing, industrial and residential uses are allowed.
B. Lot criteria.
C. Siting.
D. Access and parking.
E. Height.
F. Public realm.
2.8. RAD-IND: Industrial.
A. Purpose and intent.
1. Form. RAD-IND is intended to accommodate a variety of small and large-scale industrial buildings that address and conform to the flood zone protection require- ments.
2. Height. Building height is limited to five stories.
3. Front setbacks. Buildings must be setback slightly from the street to allow for adequate treatment of building facades that contain restricted ground floor activity (parking, lobbies and storage) due to the flood zone protection requirements.
4. Use. A broad range of manufacturing and industrial uses are allowed. Accessory commercial and retail activity is allowed when subordinate to the principal use in terms of area, extent and purpose (see subsection 3.1.D)
B. Lot criteria.
C. Siting.
D. Access and parking.
E. Height.
F. Public realm.
2.9. RAD-OSP: Open Space/Public Facilities.
A. Purpose and intent.
1. Form. RAD-OPS is intended to provide for public park and recreational facilities, natural areas, trails, wetlands, and similar types of open spaced owned/leased and managed by a local government.
2. Height. Height is limited to 40 feet.
3. Front setbacks. Buildings setbacks are flexible to allow for a variety of building and parking placement options.
4. Use. Uses may include community centers, playing fields, playgrounds, community gardens or other community uses. Accessory uses such as concessions, bike rental, etc. a1.e allowed. In some areas, land may be unoccupied or predominately unoccupied by buildings or other impervious surfaces.
B. Lot criteria.
C. Siting.
D. Access and parking.
E. Height.
F. Public realm.
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 River Arts 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 or prohibited is not allowed unless the planning and development director determines that the use is similar to a listed use, including but not limited to known or anticipated impacts. The uses found in subsection 3.1.C are expressly prohibited and are not allowed under any circumstances.
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.
B. Flood protection. Some allowed uses may not be allowed on ground floors under section 7-12-1 Flood Protection.
C. Prohibited uses. The following uses are expressly prohibited and are not allowed under any circumstances:
1. Adult establishments.
2. Asphalt plants.
3. Chemical storage facilities.
4. Detention, jails and correctional facilities.
5. Drive-through facilities or uses.
6. Gas manufacturing.
7. Gasoline sales.
8. Gated communities.
9. Hazardous waste management facilities.
10. Hazardous materials (H1) manufacturing or storage.
11. Mining.
12. Paper mills.
13. Recycling plant.
14. Self-storage facility.
15. Slaughter house.
16. Solid waste landfill.
17. Shooting Range.
D. Accessory uses and structures.
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.
3.3. Special standards.
A. Live-work unit.
1. Live/work is only permitted in units with street level access.
2. Hours of operation can begin no earlier than 7:00 a.m. and end no later than 10:00 p.m., including all deliveries;
3. A minimum of one person must occupy the live/work unit as their primary place of residence.
4. The live/work unit may employ no more than two persons not living on the premises at any one time.
5. No business storage or warehousing of material, supplies or equipment is permitted outside of the live/work unit.
6. The nonresidential use of the unit is limited to the following:
a. Art gallery;
b. Beauty shop;
c. Home occupations;
d. Instructional services;
e. Office;
f. Studio, gallery or workshop for arts and crafts, low impact; and
g. Tailor or dressmaker.
7. Retail sales is allowed but is limited to those products made on site in the live-work unit.
8. No equipment or process may be used in connection with the live/work unit that creates noise, vibration, glare, fumes, odors, or electrical interference detectable to the normal senses, off the premises.
B. Parking deck, garage, structure.
1. Parking structures must meet all the requirements for a principal structure as specified in subsection 2.0, including the parking setbacks.
2. In no case can structured parking exceed the height of the principal building on the site.
3. Where upper or ground 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 right-of-way (not including an alley). In addition, any ground story facade treatment ( building materials, windows, and architectural detailing) must be continued on upper stories.
4. Parking structure entries must not exceed 16 feet clear height and 24 feet clear width and be spaced at least 150 feet apart.
4.0. Site development.
4.1. Parking.
A. Applicability. The parking requirements of section 7-11-2 apply in the River Arts 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;
3. Subsection 7-11-2(e)(2), Remote Parking; and
4. Subsection 7-11-2(g)(1), Width of Access Points.
B. Required parking. The following minimum vehicle and bicycle parking spaces are required.
Use | Vehicle Parking Spaces (min) | Bicycle Parking (min) | |
Spaces | Short/long term | ||
Use | Vehicle Parking Spaces (min) | Bicycle Parking (min) | |
Spaces | Short/long term | ||
Residential | |||
All residential uses | .75/unit | .5/unit up to 2 bedrooms plus .25/additional bedroom | 80%/20% |
Public and institutional | |||
Fire, police station, day care home, adult or child, public utility or related facility | none | none | - |
Place of worship | greater of 1/4 seats or 1/40 sf | 1/5,000 sf 2 min | 90%/10% |
School | 0.5 classrooms, plus 1/5 students for high schools | 1/5,000 sf 2 min | 90%/10% |
All other & institutional uses | 1/500 sf | 1/5,000 sf 2 min | 90%/10% |
Recreational | |||
Parks, passive and greenways | none | none | |
All other recreational uses | 1/500 sf+ 1/1,000 sf outdoor use area | 1/5,000 sf 2 min | 80%/20% |
Food, Beverage & Entertainment | |||
Mobile food vending | none | none | - |
All other food, beverage & entertainment uses | 1/250 sf | 1/2,500 sf 2 min | 80%/20% |
Lodging | |||
All lodging uses | .75/guest room | 1/2,500 SF 2 min | 80%/20% |
Retail, Service and Office | |||
All retail, service & office uses | 1/500 sf | 1/2,500 sf 2 min | 80%/20% |
Industrial | |||
All industrial uses | 1/500 sf office space + 1/3,000 sf additional indoor space | 1/5,000 sf 2 min | 20%/80% |
Other Use Types | |||
All other use types | 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, except required accessible spaces, can be located off-site if the remote parking area is located within 660 feet from the primary entrance of the use served.
b. Up to 50 percent 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 up to 2,640 feet from the primary entrance of the use served.
d. All remote parking spaces used to meet an off-street parking requirement must be located within the boundaries of the River Arts Form District.
e. The off-site parking area is measured in walking distance from the nearest point of the remote park- ing 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 parking 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 Requirements
a. Bicycle parking spaces must be located on paved or pervious, dust-free surface with a slope no greater than 3%. Surfaces cannot be soil, vegetation, gravel, landscape stone, or wood chips.
b. Bicycle parking spaces must be a minhnum 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 accommodate 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 not be located within dwelling units or within deck, patio areas, or private storage areas accessory to dwelling units.
c. 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 park- ing 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 urban design director or transportation director, adequate space must be made available off-street 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 subsection 7-11-3 apply in the River Arts Form District, except as identified below:
2. Any River Arts Form District may modify the street buffer requirement of subsection 7-11-3(d) (5) by placing a wall at a minimum height of 3 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)(l) for a Type ABuffer- yard apply, except that when anopaque rnasonry wall is used (as described below), a buffer- yard may be provided as fol- lows:
a. Depth: 10 feet min.
b. Masonry Wall Height: 6 feet min / 8 feet max.
c. Evergreen Trees: 3.
d. Deciduous Trees (large): 3.
e. Shrubs (large): 10.
4. Properties adjacent to the river are encouraged to select native riparian vegetation. See the River District Tree and Shrub Guidelines for suggested vegetation.
B. Grading. Speculative grading ofland is not permitted.
C. Site fill. Any filling of land in the floodplain will be subject to applicable state laws and the requirements of section 7-12.
4.3. Signs.
A. Applicability. The sign requirements of article XIII apply in the River Arts Form District, except as identified below:
1. Subsection 7-13-4(a)(8)(a). See subsection 4.3.K for temporary and permanent window sign requirements.
B. Sign types allowed by district. Signs are allowed by sub-district as set forth below. Specific requirements for each sign type are shown on the following pages.
RES | LYH | NT | SHP | RIV | IND | OSP |
RES | LYH | NT | SHP | RIV | IND | OSP | |
A-Frame Sign | - | p | p | p | p | p | p |
Awning Sign | - | p | p | p | p | p | p |
Canopy Sign | - | p | p | p | p | p | p |
Crown Sign | - | p | p | p | p | p | p |
Monument Sign | - | - | - | - | p | p | p |
Post Sign | - | - | - | - | p | p | p |
Projecting Sign | p | p | p | p | p | p | p |
Wall Sign | p | p | p | p | p | p | p |
Window Sign | - | p | p | p | p | p | p |
KEY: P = Sign type allowed - = Sign type not allowed | |||||||
C. Allocation and number of signs allowed.
1. A-frame signs. A-frame signs are permitted as temporary signs, provided they comply with the requirements of subsection 7-13-4(a)(8)(c).
2. Awning signs, canopy signs, wall signs.
a. Awning signs, canopy signs and wall signs are allocated a combined sign area of one square foot of per linear foot of street-facing building facade, except in RAD-RES.
b. Any number of wall signs, awning signs or canopy signs are allowed provided the maximum allocated sign area above is not exceeded and the specific requirements for each sign type are met, except in RAD-RES.
c. In RAD-RES, a wall sign cannot exceed 9 square feet in area and only one wall or projecting sign per ground floor tenant space is allowed.
3. Crown signs.
a. Crown signs cannot exceed a total sign area allocation of 250 square feet per street-facing building facade.
b. No more than two crown signs are allowed per building and no more than one crown sign per building facade is allowed.
4. Monument signs, post signs.
a. Where allowed, only one monument sign or post sign is allowed per street frontage, provided all signs are confonning.
b. A monument sign cannot exceed 64 square feet in area.
c. A post sign cannot exceed 36 square feet in area.
d. One additional monument sign or post sign is allowed for properties with 1,000 feet or more of street front- age. Where more than one monument sign or post sign is allowed, signs along the same street frontage must be spaced a minimum of 500 feet apart.
5. Projecting signs.
a. A projecting sign cannot exceed nine square feet in area and only one projecting sign per ground floor tenant space is allowed, except in RAD-RES.
b. In RAD-RES, only one projecting or wall sign per ground floor tenant space is allowed.
6. Window signs.
a. The maximum area of all ground story windows and doors that can becovered by signs is 20 percent.
b. The number of window signs allowed is unlimited, provided the maximum percentage of signs cover- ing ground story windows and doors is not exceeded.
D. Awning sign.
E. Canopy sign.
F. Crown sign.
G. Monument sign.
H. Post sign.
I. Projecting sign.
J. Wall sign.
K. Window sign.
L. Illumination. Illumination of signs must be in accordance with the following requirements.
1. Illumination permitted by sign type.
Internal | External |
Internal | External | |
A Frame Sign | No | No |
Awning Sign | No | No |
Canopy Sign | Yes | Yes |
Crown Sign | No | Yes |
Monument Sign | Yes | Yes |
Post Sign | No | No |
Projecting Sign | No | No |
Wall Sign | Yes | Yes |
Window Sign | No | No |
2. Prohibited light sources.
a. Blinking, flashing and chasing.
b. Bare bulb illumination.
c. Colored lights used in any n1anner 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 sirnilar areas are prohibited, except for seasonal lighting or very low luminosity lighting displays nsing 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. Reverse channel internally back-lit let- ters are allowed.
4.4. Outdoor display and storage.
A. Applicability. The requirements of this section apply where merchandise, material or equip- ment is displayed 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 material in boxes, in crates, on pallets or other kinds of shipping containers.
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 busi- ness day, except propane gas storage racks, ice stor- age 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.
5.0. Administration.
5.1. Fann-based code administration.
A. UDO administrative procedures apply. The administrative procedures of the city's Unified Development Ordinance (chapter 7 of the Municipal Code) apply to in the River Arts Form District, except as expressly modified 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 in the River A1.ts Form District.
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 River Arts 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 interpreta- tions or construction used by the courts of this state maybe employed to resolve vagueness and ambiguity in language.
B. Graphics, illustrations and photographs. The graphics, illustra- tions and photographs used to visu- ally explain certain provisions of River Arts Form District are for illustrative purposes only. Where there is a conflict between a graphic, illustration or photograph and the text, the text controls.
Art gallery means a facility that contains a romn or series of rootns where works of art are exhibited on a regular basis.
Attic means habitable or uninhabit- able space within a building siLu- ated within the structure of a pitched roof and above the uppermost regular story.
BFE means base flood elevation.
Building facade means the face of a building that delineates the edge of conditioned floor space.
Ground floor means the floor of a building that is at or nearest to the level of the ground around the building. Does not include the floor of a basement.
Recreational uses may include ancillary businesses or concessions related to the recreational uses and could include but not limited to uses such as bike rentals or other park concessions.
Upper story means any story above the ground story or floor.
(Ord. No. 4646, § 1(d), 11-14-17; Ord. No. 4637, § 1j, 1-9-18; Ord. No. 4961, § 1d, 7-26-22; Ord. No. 5010, § 1(c), 4-25-23; Ord. No. 5028, §§ 1g–i, 7-25-23)