Unified Development Ordinance

Sec. 3.5.6. Historic Alley Transition

Sec. 3.5.6. Historic Alley Transition aaron.sheppard… Tue, 05/23/2023 - 10:07
  1. Intent
    The Historic Alley Transition is intended to ensure a graduated height transition between the National Register District and nearby mixed-use development; to avoid abrupt contrasts of scale between the residential properties in a National Register District and mixed use structures; to avoid incompatible development facing the residential properties in a National Register District; and to improve historic alleys with active frontages and uses more beneficial to the National Register District.
  2. Extent
    The Historic Alley Transition extends from the residential parcel property line across the intervening alley and into the mixed-use parcel for a distance of 50 feet from the residential parcel property line.
  3. Restrictions
    In addition to the other restrictions imposed by this Unified Development Ordinance, the following additional restrictions apply to construction within the Historic Alley Transition:
    1. Content
      This Historic Alley Transition Area may contain vegetative landscaping, walls, fences, gardens, paths, walkways, sidewalks, surface parking, parks, playgrounds, stormwater detention, outdoor dining areas associated with residential uses, accessory structures compliant with the limits set forth in Paragraph 3.5.4.B, service areas compliant with the limits set forth in Paragraph 3.5.4.C, detached houses, tiny houses, attached houses, townhouses, apartments, general  buildings, mixed use buildings, and open lots.
    2. Height
      No portion of a detached house, tiny house, attached house, townhouse, apartment, general building, mixed use building, or other structure that lies within the Historic Alley Transition shall exceed the maximum building height applicable to the residential parcel across the alley from the mixed use parcel, as specified in the residential zoning district or applicable overlay district or otherwise. For this purpose only, height shall be measured from the elevation of the alley.
    3. Uses
      Any use extending into the Historic Alley Transition must be one of the residential uses permitted in R-10 Districts.
    4. Setback
      Notwithstanding any base dimensional standards or frontage requirements that might otherwise apply, any building constructed in the Historic Alley Transition shall be set back at least 10 feet from the alley-facing property line of the mixed use parcel. This setback must contain a sidewalk of at least 5-foot width immediately adjacent to the alley right-of-way, over which a permanent public access easement must be granted. This immediately adjacent sidewalk will be separated from the street by sharply contrasting materials. The sidewalk shall not exceed the elevation of alley by more than two inches, unless a mountable curb is installed. No building element or other item or obstruction may extend into or be placed in this sidewalk portion of the setback. The remainder of the setback shall meet the requirements of Section 3.5.2.A and 3.5.3.A, except
      1. If the remainder of the setback is less than 10 feet in width, the protective yard need not contain shade trees; and
      2. No wall is required when a building immediately abuts the protective yard.
    5. Design Requirements
      1. ​​​​​​​Structured parking is permitted in the Historic Alley Transition, but residential uses must screen the structured parking and conceal the structured parking (other than an entrance with no visible point source lighting) consistent with the regulations contained in Section 3.4.2.B, except that all upper levels of the parking structure that face the alley shall also be screened by residential uses.
      2. An alley-facing entrance is required at least every 100 feet, regardless of building type. There must be direct pedestrian access to that entrance from the adjoining sidewalk.
      3. The alley-facing facade is subject to a maximum blank wall area of 30 feet as calculated in Sec. 1.5.10. The blank wall area provisions are not subject to an Design Alternate.
      4. Private residential garage parking that satisfies the requirements of Section 1.5.12 is permitted along the alley as part of a detached house, tiny house, attached house, or townhouse within the Historic Alley Transition. Such parking must be concealed behind a garage door of not more than 12 foot width. Any standard contained in Section 1.5.12 that is applied must be consistent with G.S. 160D-702(b).
      5. Entrances to structured parking and private residential garage parking shall not occupy more than 50% of the parcel’s linear alley frontage.
      6. The requirements of Section 3.5.4.C apply, though residential trash and recycling bins may be collected from the alley if placed according to the applicable rules. Ground-mounted mechanical equipment other than individual residential HVAC units must be placed according to Section 3.5.4.C.
Supplement Number
28