Article 12 Historic Urban Neighborhoods Non-Residential Districts

PURPOSE OF THE HISTORIC URBAN NEIGHBORHOODS

Historic Urban Neighborhoods are those areas of the city that were developed predominantly in the mid to late 19th century. The development pattern of Historic Urban Neighborhoods is characterized by a higher density and pedestrian scale environment with limited accommodation for the automobile. Within Historic Urban Neighborhoods, many of the residential neighborhoods contain traditional corner stores that serve the immediate residents and are in close proximity to commercial clusters of local businesses.

The non-residential districts of the Historic Urban Neighborhoods address the small-scale commercial areas have become integral parts of older neighborhoods. These range from pedestrian-oriented commercial clusters at the intersection of arterial streets, the traditional corner store, and mixed-use corridors. The regulations are intended to control the types of uses allowed and the scale of development to encourage their vitality while maintaining compatibility with nearby residential areas.

CHARACTER OF THE HISTORIC URBAN NEIGHBORHOODS

The character of the non-residential districts of the Historic Urban Neighborhoods is defined by:

» Commercial uses closely integrated into the residential neighborhoods, including the traditional corner store, small commercial clusters and small mixed-use corridors

» Commercial structures compatible in scale and design with the majority of buildings in nearby residential areas

» A pedestrian-oriented environment, with limited or no accommodation for on-site parking, where residents often walk to their destination

» Commercial uses generally oriented to serve the needs of nearby residents and the neighborhood

12.1 Purpose Statements   

12.1.A Purpose of the HU-B1A Neighborhood Business District   

The HU-B1A Neighborhood Business District is intended to address an individual parcel or small cluster of parcels in non-residential use that exist within residential areas that have historically served the neighborhood and are located on a corner, including established corner stores. These historic neighborhood business uses are consistent with the character of the surrounding neighborhood and are intended to serve the immediate area with minimal impact on the surrounding residential uses. 

12.1.B Purpose of the HU-B1 Neighborhood Business District   

The HU-B1 Neighborhood Business District is intended for commercial areas that predominantly serve the needs of the nearby residential neighborhoods. The general character of this type of development should be sensitive to and compatible with its residential surroundings.

12.1.C Purpose of the HU-MU Neighborhood Mixed-Use District   

The HU-MU Neighborhood Mixed-Use District is intended for areas of mixed-use development that are close to residential neighborhoods. The district regulations are designed to encourage mixed-use areas that are compatible with adjacent or nearby land uses and pedestrian-oriented in character. In the HU-MU District, active retail and personal service uses along the ground floor with residential uses above are encouraged. A variety of residential dwellings are also allowed. 

12.2 Uses   

12.2.A Permitted and Conditional Uses   

Only those uses of land listed under Table 12-1: Permitted and Conditional Uses as permitted uses or conditional uses are allowed within the Historic Urban Neighborhood Districts. A “P” indicates that a use is permitted within that zoning district. A “C” indicates that a use is a conditional use in that zoning district and would require a conditional use approval as required in Section 4.3 (Conditional Use). No letter (i.e., a blank space) or the absence of the use from the table indicates that use is not permitted within that zoning district.

Table 12-1: Permitted and Conditional

USE1

DISTRICTS

USE STANDARDS

HU-B1A

HU-B1

HU-MU

RESIDENTIAL USE

Bed and Breakfast – Accessory

P

P

P

Section 20.3.I

Bed and Breakfast – Principal

P

P

P

Section 20.3.I

Day Care Home, Adult or Child – Small

P

P

P

Section 20.3.T

Day Care Home, Adult or Child – Large

 

P

P

Section 20.3.T

Dwelling, Above the Ground Floor

P

P

P

 

Dwelling, Single-Family

P

P

P

 

Dwelling, Two-Family

P

P

P

Section 20.3.Y

Dwelling, Townhouse

 

 

P

Section 20.3.X

Dwelling, Multi-Family

 

 

P

 

Dwelling, Established Multi-Family

P,C8

P,C8

 

Section 20.3.W

Group Home, Small

P

P

P

Section 20.3.GG

Group Home, Large

P2

P2

P

Section 20.3.GG

Group Home, Congregate

 

 

C

Section 20.3.GG

Permanent Supportive Housing

P2

P2

P

Section 20.3.PP

Residential Care Facility

P

P

P

Section 20.3.YY

Short Term Rental, Commercial C P P Section 20.3.LLL

COMMERCIAL USE

Amusement Facility, Indoor

 

P

P

Section 20.3.E

Animal Hospital

 

P

P

 

Art Gallery

P

P

P

 

Arts Studio

P

P

P

 

Bar

 

 

C

Section 20.3.G

Catering Kitchen

P

P

P

 

Day Care Center, Adult or Child – Small

P

P

P

Section 20.3.S

Day Care Center, Adult or Child – Large

 

P

P

Section 20.3.S

Day Care Center, Adult or Child - Commercial

 

P

P

Section 20.3.S

Drive-Through Facility

 

 

C3

Section 20.3.V

Financial Institution

P

P

P

 

Funeral Homes

 

C

C

 

Gas Station

 

C

C

Section 20.3.EE

Health Club

 

P

P

 

Hostel

 

 

C

 

Hotel/Motel

 

 

C

 

Live Entertainment – Secondary Use

 

 

C

Section 20.3.JJ

Medical/Dental Clinic

C

P

P

 

Micro-Brewery

 

 

P

 

Micro-Distillery

 

 

P

 

Motor Vehicle Dealership, Small     C  

Office

P

P

P

 

Personal Service Establishment

P

P

P

 

Pet Day Care Service

P

P

P

Section 20.3.QQ

Public Market

 

P

P

Section 20.3.TT

Recording Studio

 

 

P

 

Reception Facility

 

C

C

Section 20.3.WW

Restaurant, Carry-Out

C

P

P

Section 20.3.ZZ

Restaurant, Fast Food

 

C

C

Section 20.3.ZZ

Restaurant, Specialty

P

P

P

Section 20.3.ZZ

Restaurant, Standard

P

P

P

Section 20.3.ZZ

Retail Goods Establishment

P

P

P

 

Retail Sales of Packaged Alcoholic Beverages

 

C4

C

 

INDUSTRIAL USE

Brewery

 

 

P7

 

Food Processing

 

 

C

 

Manufacturing, Artisan

 

 

P

 

Mardi Gras Den

 

 

C

 

Mini-Warehouse

 

 

C

 

Warehouse

 

 

C

 

INSTITUTIONAL USE        

Community Center

C

P

P

 

Convent and Monastery

 

P

P

 

Cultural Facility

C

C

C

Section 20.3.R

Educational Facility, Primary

 

P

P

Section 20.3.Z

Educational Facility, Secondary

 

P

P

Section 20.3.Z

Educational Facility, Vocational

 

P

P

Section 20.3.Z

Government Offices

P

P

P

 

Place of Worship

 

P

P

 

Public Works and Safety Facility

 

 

C

 

Social Club or Lodge

P

P

P

Section 20.3.CCC

OPEN SPACE USE

Agriculture – No Livestock

P

P

P

Section 20.3.C

Agriculture – With Livestock

C

C

C

Section 20.3.C

Parks and Playgrounds

P

P

P

 

Stormwater Management (Principal Use)

C

C

C

Section 23.12

OTHER

Parking Lot (Principal Use)

 

C

C

Section 20.3.OO

Parking Structure (Principal Use)

 

C

C

Section 20.3.OO

Public Transit Wait Station

C

C

C

Section 21.6.BB

Utilities

 

P5

P5

Section 20.3.GGG

Wireless Telecommunications Antenna & Facility

C,P6

C,P6

C,P6

Section 20.3.JJJ

Wireless Telecommunications Tower & Facility

C

C

C

Section 20.3.JJJ

TABLE 12-1 FOOTNOTES

1 The terms in this column (“Use”) are defined in Article 26.

Subject to the use restrictions in Section 12.2.B.2.

Subject to the use restrictions in Section 12.2.B.3.

Subject to the use restrictions in Section 12.2.B.4. 

Electrical Utility Substations and Transmission Lines shall be subject to design review as per Article 4, Section 4.5.B.5 and Table 4.2

Only wireless telecommunications antennas that comply with the stealth design standards of Section 20.3.JJJ are considered permitted uses.

Subject to the use restrictions in Section 12.2.B.5.

Established Multi-Family Dwellings that comply with Section 20.3.W.1 are permitted uses while those that comply with Section 20.3.W.2 are conditional uses.

Adopted by Jan. 20, 2017, Ord. 27,262 MCS, §1, Zoning Docket 114-16; Ord. No. 27,209, §1, Dec. 7, 2016, Zoning Docket 61/16; Ord. No. 27,375, §3, April 28, 2017, Zoning Docket 118/16; Ord. No. 27,338, §3, March 31, 2017, Zoning Docket 121/16

12.2.B Use Restrictions   

12.2.B.1 Commercial Use Floor Area Limitation   

1.   Commercial Use Floor Area Limitation

In the Historic Urban Neighborhood Districts, the floor area of commercial uses is limited as follows:

a.   Commercial uses are permitted uses up to five thousand (5,000) square feet of total floor area, unless conditional use approval is required per Table 12-1.

b.   Conditional use approval required for any commercial use of five thousand (5,000) square feet of floor area or more.

c.   Any commercial use over ten thousand (10,000) square feet of total floor area is prohibited. This applies only to new construction as of the effective date of this Ordinance. Commercial uses that locate within an existing structure as of the effective date of this Ordinance that is over ten thousand (10,000) square feet of total floor area require conditional use approval.

12.2.B.2 Group Home and Permanent Supportive Housing Restriction in HU-B1A and HU-B1 Districts   

In the HU-B1A and HU-B1 Districts, Large Group Homes and Supportive Housing uses are only permitted when located above the ground floor.

12.2.B.3 Drive-Through Facilities in the HU-MU District   

Drive–Through facilities in the HU-MU District are only allowed as conditional uses where they are proposed to be constructed in combination with a retail goods establishment in order to provide or dispense medical or pharmaceutical products.

12.2.B.4 Floor Area minimum for Retail Sales of Packaged Alcoholic Beverages in the HU-B1 District   

Retail sales of alcoholic beverages in the HU-B1 Districts must be within a business with a minimum of 5,000 square feet of floor area.

12.2.B.5 Breweries in the HU-MU District   

Only breweries that produce fewer than 12,500 barrels per year are considered permitted uses in the HU-MU District.

12.3 Site Design Standards   

12.3.A Bulk and Yard Regulations   

12.3.A.1 General Regulations   

Table 12-2: Bulk and Yard Regulations establishes bulk and yard regulations for the Historic Urban Neighborhood Districts. (Highlighted letters in Table 12-2 indicate where those bulk and yard regulations are illustrated on the accompanying site diagram.)

Table 12-2: Bulk & Yard Regulations

BULK & YARD REGULATIONS

DISTRICTS

HU-B1A

HU-B1

HU-MU

BULK REGULATIONS

 

MINIMUM

LOT AREA

SF: 1,500sf/du

2F: 1,200sf/du

MF: 1,000sf/du

Non-Residential: None

SF: 1,500sf/du

2F: 1,200sf/du

MF: 1,000sf/du

Non-Residential: None

SF: 1,500sf/du

2F: 1,200sf/du

MF: 1,000sf/du

Townhouse: 2,000sf/du

Dwelling Above Ground Floor: 800sf/du

Non-Residential: None

 

MAXIMUM TOTAL

FLOOR AREA – COMMERCIAL USE1

Permitted up to 5,000sf of total floor area

Conditional use approval required for 5,000sf to 10,000sf of total floor area

Uses with over 10,000sf of total floor area are prohibited

Permitted up to 5,000sf of total floor area

Conditional use approval required for over 5,000sf of total floor area

Uses with over 10,000sf of total floor area are prohibited

Permitted up to 5,000sf of total floor area

Conditional use approval required for over 5,000sf of total floor area

Uses with over 10,000sf of total floor area are prohibited

A

MINIMUM

LOT WIDTH

SF & 2F: 25’

Non-Residential: None

SF & 2F: 25’

Non-Residential: None

SF, 2F & MF: 25’

Townhouse: 18’ per du

Non-Residential: None

B

MAXIMUM

BUILDING HEIGHT

SF & 2F: 35’

Non-Residential: 40’ & no more than 3 stories

SF & 2F: 35’

Non-Residential: 40’ & no more than 3 stories

SF & 2F: 35’

MF, Townhouse & Non-Residential:

40’ & no more than 3 stories

  MINIMUM PERMEABLE OPEN SPACE* 10% of the lot area 10% of the lot area 10% of the lot area

MINIMUM YARD REQUIREMENTS

C

FRONT YARD

SF & 2F:

See Section 11.3.A.2

Non-Residential/Mixed-Use:

0’ build-to line

SF & 2F:

See Section 11.3.A.2

Non-Residential/Mixed-Use:

0’ build-to line, except where adjacent average is greater than 5’, see Section 12.3.B.1.c

 

SF & 2F:

See Section 11.3.A.2

Non-Residential/Mixed-Use:

0’ build-to line, except where adjacent average is greater than 5’, see Section 12.3.B.2

D

INTERIOR

SIDE YARD

3’

SF & 2F: 3’

Non-Residential/Mixed-Use: None, unless abutting a residential district then 3’1

SF & 2F: 3’

Townhouse, MF & Non-Residential/ Mixed-Use: None, unless abutting a residential district then 3’1

E

CORNER

SIDE YARD

SF & 2F:

See Section 11.3.A.3

Non-Residential/Mixed-Use: None, to a maximum of 3’

SF & 2F:

See Section 11.3.A.3

Non-Residential/Mixed-Use: None, to a maximum of 5’

SF & 2F: 10% of lot width, but a minimum of 3’

Townhouse, MF & Non-Residential/Mixed Use: None, to a maximum of 5’

F

REAR YARD

20% of lot depth or 15’, whichever is less

SF & 2F: 20% of lot depth or 15’, whichever is less

Non-Residential/Mixed-Use: None, unless abutting a residential district then 15’2

Residential: 20% of lot depth or 15’, whichever is less

Non-Residential/Mixed-Use: None, unless abutting a residential district then 15’2

TABLE 12-2 FOOTNOTES

1 Total floor area limits per commercial use. 

2 If a property abuts more than one zoning district, the more restrictive yard requirement applies.

ADDITIONAL FOOTNOTES

*Regulations in effect per Interim Zoning District (IZD) by Ordinance No. 26,726.

Click for larger image

12.3.B Building Design Standards   

1.   The following standards shall apply to all sites, except single and two-family residential dwellings:

a.   All buildings shall provide a clearly identifiable entry from the public sidewalk at the front (primary street) elevation.

b.   Structures on a corner lot shall be built to the corner.

c.   Where the average of the front yard of the adjacent lots on either side of a property is greater than five feet (5’), that average front yard shall be used to establish the required front yard build-to line. Averaging is based on the two (2) adjacent lots or, in the case of a corner lot, two (2) neighboring lots on the same blockface. The applicant is permitted a plus or minus three (3) foot variation from a front yard build-to line established by the above method.

d.   Where reuse of an existing gas station is proposed, parking is permitted in the front of the structure, subject to the landscape standards of Article 23.7 provided that a designated pedestrian access way between the sidewalk and main entrance is provided.  This access way shall be separated from parking areas by a landscaped area no less than five (5) feet wide.

e.   The ground floor of newly constructed commercial buildings shall contain a minimum transparency of fifty percent (50%) on the primary street and windows shall be constructed of transparent glass. Opaque, highly tinted, or reflective glass is prohibited. Transparency into the building shall be maintained. Any window signs shall consist of individual letters and numerals without the use of any background.

f.    For new construction, ADA accessible ramps and lifts shall compliment the building and be visually unobtrusive, preferably through internalized ramps or sloped walkways.

g.   The first floor of commercial buildings shall be designed with a minimum ceiling height of twelve (12) feet.

h.   Security bars, if installed, shall be on the inside of windows. Roll-up or accordion security grilles are permitted on the ground floor when constructed of a see-through, non-solid material. The Casing shall be painted to match the building and shall not damage or obscure architectural detailing.

i.    The following restrictions apply to building materials:

i.    The following materials are prohibited as the predominant surface finish material on exterior elevations visible from the public right-of-way. However, such materials may be used as part of decorative or detail elements, or as part of the exterior construction, such as a foundation course, that is not used as a predominant surface finish material.

(1)        Exterior insulating finish systems (EIFS, “Dryvit”)

(2)        Stuccato Board

(3)        Vinyl

j.    The siting and design requirements for buildings in the HU-MU District are illustrated in Figure 12-2: HU-MU District Illustrative and Site Diagram.

2.   The following standards shall apply to all sites that meet the applicability thresholds of Section 4.5 Development Plan and Design Review:

a.   Windows and doors shall have raised elements to create shadow and articulation. In addition, three-dimensional elements, such as balconies and bay windows, shall be incorporated to provide dimensional elements on a façade. Windows shall be set back into or projected out from the façade to provide façade depth and shadow and a consistent style.

b.   Facades shall be designed to be viewed from multiple directions with consistent materials and treatments that wraps around all facades. There shall be a unifying architectural theme for an entire multi-family or townhouse development, utilizing a common vocabulary of architectural forms, elements, materials, and colors around the entire structure.

FIGURE 12-1: PARKING LOT LOCATION

Click for larger image

 

FIGURE 12-2: HU-MU DISTRICT ILLUSTRATIVE AND SITE DIAGRAM

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FIGURE 12-2: HU-MU DISTRICT ILLUSTRATIVE AND SITE DIAGRAM

Click for larger image

 

12.3.B.3 Townhouse and Multi-Family Dwelling Design Standards   

See Section 11.3.B for building design standards for townhouse and multi-family dwellings in the Historic Urban Neighborhood Non-Residential Districts.

12.4 General Standards of Applicability   

All Historic Urban Neighborhoods Districts are subject to the following standards:

12.4.A Accessory Structures and Uses   

See Section 21.6 for standards governing accessory structures and uses. 

12.4.B Temporary Uses   

See Section 21.8 for standards governing temporary uses.

12.4.C Site Development Standards   

See Article 21 for additional site development standards such as exterior lighting, environmental performance standards, and permitted encroachments. 

12.4.D Off-Street Parking and Loading   

See Article 22 for standards governing off-street parking and loading.

12.4.E Landscape, Stormwater Management, and Screening   

See Article 23 for standards governing landscape, stormwater management, and screening.

12.4.F Signs   

See Article 24 for standards governing signs.

12.4.G Overlay Districts   

See Article 18 for additional overlay district regulations, when applicable.

12.4.H Nonconformities   

See Article 25 for regulations governing nonconformities.

12.5 Density Bonus for Historic Urban Neighborhood Non-Residential District - HU-MU   

In the establishment and authorization of a development in the Historic Urban Neighborhoods Non-Residential District HU-MU Neighborhood Mixed-Use District, the following provides the baseline for determining whether a project qualifies for a development bonus.  The project may be awarded a maximum of thirty percent (30%) reduction in the minimum lot area per dwelling unit requirements.

1. The development provides an affordable housing component on-site.  Affordable housing shall be evenly distributed throughout the project, and shall be comparable to market-rate units in size, bedroom mix, and exterior finishes.  A qualifying project is entitled to a development bonus if it meets one (1) of the following thresholds and maintains affordability for a period of at least fifty (50) years:

a. Five percent (5%) of units aside at thirty percent (30%) AMI should yield a fifteen percent (15%) reduction in the minimum lot area per dwelling unit requirements.

b. Five percent (5%) of units aside at fifty percent (50%) AMI should yield a ten percent (10%) reduction in the minimum lot area per dwelling unit requirements.

c. Five percent (5%) of units aside at eighty percent (80%) AMI should yield a five percent (5%) reduction in the minimum lot area per dwelling unit requirements.

The development bonuses provided in items a., b. and c. above may be combined to provide a total bonus of up to 30%. All affordable housing provided pursuant to this section shall comply with the Affordable Housing Standards and Guidelines provided in Section 17.5.H.2, except where such standards conflict with the provisions of this section.

2.  All application requesting a development bonus for providing affordable housing shall include an Affordable Housing Impact Statement (AHIS) with the application.  The AHIS shall provide the following information:

a.  The number of units added at the Area Medium Income Levels (AMI) at or below 80%, 50%, and 30%.

b.  The number of units removed at the Area Medium Income Levels at or below 80%, 50%, and 30%.

c.  The bedroom mix of the unit to be added or removed (1, 2, 3, 4, etc. bedrooms).

d.  The total number of units added and total number of units removed.

Adopted by Sept. 9, 2015, Zoning Docket 054-15, Ord. 26,570 MCS; Ord. 27,377 MCS, §5, April 28, 2017, Zoning Docket 007-17

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