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Sec. 7-9-8. Head of Montford Transition Overlay District.
(a)   Purpose. The Head of Montford Transition Overlay District is established to provide for the development of civic, office, limited retail, and residential uses in an area of transition between the Central Business District and the Montford neighborhood. The development standards for this overlay district are designed to be sensitive to the historic context of the area, to minimize impacts on adjacent residential uses, and to encourage compatibility in the design of new developments. This district should be sensitive to a significant pedestrian population, but also provide for adequate and safe vehicular access.
(b)   Permitted uses.
Residential:
Accessory apartments
Dwellings, multi-family
Dwellings, single-family detached
Dwellings, single-family zero lot line
Recreational:
Passive parks
Institutional:
Civic, social service, and fraternal facilities
Libraries
Places of worship
Schools
Public/semi-public:
Community centers
Fire/police stations
Museums
Public utilities and related facilities
Office/business:
Offices
Home occupations
Residential related commercial service
Studios, galleries, and workshops for artists, craftspeople, designers, photographers (shall not create noise, vibrations, glare, fumes or odors off premises)
Other:
Accessory structures
Parking lots as accessory to a principal use
(c)   Prohibited uses. Any use not specifically listed as a permitted use, a use by right, subject to special requirements, or a special use in the Head of Montford Transition Overlay District is prohibited.
(d)   Uses by right subject to special requirements.
Antenna
Bakeries
Barber shops and salons
Grocery stores
Pharmacies
Restaurants
Retail sales (excluding retail gasoline sales)
Tailors/dressmaker shops
Video rental stores
(e)   Special uses. Those uses by right, subject to special requirements, which are allowed in this district and which exceed the total floor area of 5,000 square feet.
(f)   Development standards.
(1)   Density standards. The maximum residential density per acre within the Head of Montford Transition Overlay District shall be 12 dwelling units.
(2)   Structure size standards. In no case shall the size of individual structures within the Head of Montford Transition Overlay District exceed 45,000 square feet.
(3)   Lot size standards. The minimum lot size for non-residential uses in the Head of Montford Transition Overlay District shall be one acre. The minimum lot size for residential uses in the Head of Montford Transition Overlay District shall be 5,445 square feet.
(4)   Lot width standards. The minimum lot width for non-residential uses in the Head of Montford Transition Overlay District shall be 100 feet. The minimum lot width for residential uses in the Head of Montford Transition Overlay District shall be 50 feet.
(5)   Setback standards. In no case shall the front setback for structures within the Head of Montford Transition Overlay District exceed 25 feet.
(6)   Impervious surface standards. The maximum impervious surface coverage in the Head of Montford Transition Overlay District shall be 80 percent.
(7)   Height standards. Front façades of structures within the Head of Montford Transition Overlay District shall not exceed three stories in height. Four story façades are permitted on the side and rear of structures within the district only if the lower level is completely below grade as measured at the front façade of the structure.
(8)   Landscaping/buffering standards. Landscaping and/or buffering shall be provided as required by section 7-11-3 of this chapter. Parking lots exceeding ten spaces shall be buffered from all adjacent residential uses and schools by a type "D" buffer, as described in section 7-11-3 of this chapter. In addition, parking lot landscaping [shall] be increased by 50 percent above the minimum required set forth in section 7-11-3 of this chapter.
(9)   Parking/loading standards. Parking and loading facilities shall be provided as required by section 7-11-2 of this chapter. No parking shall be permitted in any required setback. Parking lots exceeding ten spaces shall be located a minimum of 30 feet from Gudger Street and a minimum of 30 feet from properties housing residential uses or schools. Parking shall be provided at the side or rear and not closer to the street than the edge of the structure. Uses in the Head of Montford Transition Overlay District shall be permitted a 25 percent reduction in the minimum number of parking spaces required by section 7-11-2 of this chapter.
(10)   Sidewalk standards. Sidewalks, as specified in the Asheville Standard Specifications and Details Manual, shall be required for all new construction and major improvements in the Head of Montford Transition Overlay District.
(11)   Vehicular access standards. Vehicular access to non-residential uses shall not be provided from Gudger Street.
(12)   Recreational/open space standards. Open space shall be provided as required by section 7-11-4 of this chapter.
(13)   Design and operation standards. All new development within the Head of Montford Transition Overlay District shall be reviewed by the Historic Resources Commission (HRC) for consistency with the design guidelines for the Montford Local Historic District. All new development shall be required to conform to the requirements of the HRC with regard to structure and site design, massing, scale, building setbacks and height. An application for a certificate of appropriateness from HRC must be approved prior to submitting an application for any other review process as described in section 7-5 of this chapter.
Drive through facilities and outdoor loudspeaker systems shall not be permitted. Lighting fixtures shall not exceed 12 feet in height and shall be shielded and directed away from adjoining residential properties and street right-of-way.
(Ord. No. 2622, § 1(a), 10-12-99; Ord. No. 3157, § 1(a)(6), 8-24-04; Ord. No. 5057, § 1j, 1-23-24)