Unified Development Ordinance

Article 3.5. Neighborhood Transitions

Article 3.5. Neighborhood Transitions aaron.sheppard… Mon, 05/08/2023 - 10:09

Sec. 3.5.1. Applicability

Sec. 3.5.1. Applicability aaron.sheppard… Tue, 05/23/2023 - 10:04
  1. The following neighborhood transition standards apply in the Mixed Use and Campus Districts when the following occurs:
    1. The site immediately abuts a district boundary of an R-1, R-2, R-4, R-6, or R-10 district, where the abutting property is vacant or contains an existing detached house, tiny house, or attached house; or
    2. The site immediately abuts a district boundary of a Planned Development (PD-) district where the abutting property is vacant or contains a detached house, tiny house, or attached house and any of the following apply:
      1. Has a residential reference district; or
      2. Does not permit general and mixed-use buildings; or
      3. Does not permit commercial and industrial uses.
  2. Zone B does not apply to sites 50 feet or less in depth. In such cases, Zone C starts immediately adjacent to the Zone A protective yard.
  3. Neighborhood transitions do not apply to single-unit living, two-unit living or cottage court uses within detached house, tiny house attached house or townhouse building types where the proposed or existing building height is 50 feet or less.
  4. Zones B and C do not apply to detached house, tiny house attached house, townhouse or apartment building types in a mixed-use district where the proposed or existing building height is 50 feet or less, provided the proposed use is also permitted in RX- and adheres to any applicable RX- and underlying zoning district use standards.
  5. Zones B and C do not apply to detached house, tiny house, attached house, townhouse or apartment building types in the TOD, including for Residential districts where RX- standards are used (See Sec. 5.5.1)
  6. Where an intervening alley is located between the residential property and the Mixed Use District or Campus District, the transition regulations apply. One half of the width of the alley shall be included in the required transition yard measurement and shall be first applied to the required width of Zones A and B and then to Zone B. In all cases, landscaping, fences and walls shall not be required where there is an intervening alley.
  7. In addition to the alley transition described in paragraph D, the Historic Alley Transition described in Section 3.5.6 is available where an alley lies between a residential district and a mixed use district and the following conditions are met:
    1. The alley abuts or lies within a National Register Historic District; and
    2. The mixed-use parcel has not within the last two years contained a structure that is, or was, individually designated as a local, State, or national historic landmark.
Supplement Number
28

Sec. 3.5.2. Transition Zones

Sec. 3.5.2. Transition Zones aaron.sheppard… Tue, 05/23/2023 - 10:05
  1. Zone A: Protective Yard
    1. Intent
      Intended to buffer and screen. Consists of vegetative landscaping and wall or fence. No buildings or structures allowed.
    2. Location
             Immediately abutting district boundary line.
    3. Width
             Varies (depends on protective yard type applied).
  2. Zone B: Use Restricted
    1. Intent
      Intended to be occupied by open areas and low intensity uses, such as surface parking, alleys, landscaping, playgrounds, outdoor dining, community serving buildings and service-related structures.
    2. Location
       Located between Zone A and Zone C. Zone B starts at the inside edge of the Zone A protective yard (edge furthest from the district boundary line) and ends 50 feet from the district boundary line.
    3. Width
       50 feet from the district boundary line.
  3.  Zone C. Height and Form
    1. Intent
      Intended to restrict the height and form of development so as to decrease the impact of new multi-story  structures.
    2. Location
      Located beyond and adjacent to Zone B. Zone C extends from 50 to 100 feet from district boundary line. When Zone B does not exist, Zone C starts at the inside edge of the Zone A protective yard (edge furthest from the district boundary line).
    3. Width
      50 to 100 feet from the district boundary line. When Zone B does not exist, Zone C extends a maximum of 50 feet from inside edge of the Zone A protective yard (edge furthest from the district boundary line).
3-5-2-c-3
Supplement Number
27

Sec. 3.5.3. Zone A: Protective Yard

Sec. 3.5.3. Zone A: Protective Yard aaron.sheppard… Tue, 05/23/2023 - 10:05
  1. Type 1: Narrow(10 feet) 
    1. Width
      A Type 1 protective yard must be an average width of at least 10 feet.
    2. Installation Requirements
      A Type 1 protective yard must include the following:
      1. A wall between 6.5 and 9 feet in height;
      2. Four shade trees per 100 lineal feet;
      3. Three understory trees per 100 lineal feet; and
      4. 40 shrubs per 100 lineal feet.
  2. Type 2: Narrow(20 feet)
    1. Width
      A Type 2 protective yard must be an average width of at least 20 feet.
      3-5-3-b-1
    2. Installation Requirements
      A Type 2 protective yard must include the following:
      1. A wall or fence between 6.5 and 9 feet in height;
      2. Five shade trees per 100 lineal feet; 
      3. Four understory trees per 100 lineal feet; and 
      4. 30 shrubs per 100 lineal feet.
  3. Type 3: Narrow(50 feet)
    1. Width
      A Type 3 protective yard must be an average width of at least 50 feet.
    2. Installation Requirements
      A Type 3 protective yard must include the following:
      1. Six shade trees per 100 lineal feet;
      2. Five understory canopy trees per 100 lineal feet; and
      3. 60 shrubs per 100 lineal feet.
    3. Optional Provisions
      1. A fence or wall between 6.5 and 8 feet in height may be installed.
      2. In lieu of planting required shrubs, a berm with a minimum height of 3 feet may be installed. 
    4. Permitted uses
      1. Landscaping, fences, walls and berms.
      2. Swales, underground detention facilities and bioretention facilities. Detention facilities must be located at least 20 feet from the district boundary line. Landscaping quantities specified in Sec. 3.5.3.C.2. above may not be reduced.
  4. Design and Installation
    1. A required protective yard may be replaced with a tree conservation area that meets the requirements of Article 9.1.Tree Conservation.
    2. Required landscaping in a protective yard must meet the design and installation requirements of Sec. 7.2.4.
    3. In no case shall required landscaping exceed 30% of the total lot area, see Sec. 7.2.2.D.
    4. Protective yards must meet the location requirements of Sec. 7.2.4.C.
    5. Fences, walls and berms located in a protective yard must meet the requirements of Sec. 7.2.4.D. Fences, walls and berms cannot be located in a protective yard when the protective yard is also a tree conservation area.
Supplement Number
28

Sec. 3.5.4. Zone B: Use Restrictions

Sec. 3.5.4. Zone B: Use Restrictions aaron.sheppard… Tue, 05/23/2023 - 10:06
  1. Permitted Activity 
    1. Intended to buffer Protective yard, landscaping, fence, wall.
    2. Garden.
    3. Outdoor dining (not between the hours of 10 PM and 6 AM).
    4. Service area.
    5. Accessory garage, storage area.
    6. Park, playground.
    7. Stormwater detention.
    8. Surface parking lot.
    9. Path, walkway, sidewalk.
    10. Alley.
      3-5-4-a-1
      3-5-4-a-2
  2. Civic Building and Accessory Structures
    1. ​​​​​​​An accessory structure can be no more than 14 feet in height and must be located at least 15 feet from the district boundary line.
    2. Building walls parallel to the district boundary line can be no longer than 75 feet.
    3. Buildings and structures must be spaced apart to maintain views. There must be a minimum of 40 feet between buildings and structures.
  3. Service Areas
    Trash collection, trash compaction, recycling collection and other similar service areas must be located at least 25 feet from the district boundary line.
Supplement Number
28

Sec. 3.5.5. Zone C: Height and Form

Sec. 3.5.5. Zone C: Height and Form aaron.sheppard… Tue, 05/23/2023 - 10:06
  1. Permitted Activity
    All structures and uses allowed in the zoning district are permitted in Zone C.
  2. Height
    1. No structure can be more than 40 feet in height at the Zone C line, as measured from the average pre-development grade measured along the Zone C line.
    2. Height can increase subject to a 45 degree height plane measured from a height of 40 feet at the Zone C line, extending upward one foot for every additional foot of setback into the site.
    3. The height plane applies up to 100 feet from the district boundary line.
  3. Wall Articulation
    The rear facade of the building that faces the residential property as described in Sec. 3.5.1.A. 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.
    3-5-5-c
Supplement Number
28

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