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. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing.

Adopted by Ord. No. 28,911, §4, January 6, 2022, Zoning Docket 84/21

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. In addition to commercial uses, this district provides for single-family dwellings, two-family dwellings and can accommodate small-scale multi-family dwellings. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing.

Adopted by Ord. No. 28,911, §4, January 6, 2022, Zoning Docket 84/21

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. This district also allows higher residential densities when a project is providing significant public benefits such as long-term affordable housing.

Adopted by Ord. No. 28,911, §4, January 6, 2022, Zoning Docket 84/21

12.1.D Purpose of the Historic Urban Neighborhoods Non-Residential Mandatory Inclusionary Zoning Sub-Districts   

The Historic Urban Neighborhoods Non-Residential Mandatory Inclusionary Zoning Sub-Districts are intended to include mandatory affordable housing requirements, in accordance with Article 28, in districts that allow the development of ten or more dwelling units.

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 FOOTNOTES

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

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

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

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

⁵ 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

⁶ Only wireless telecommunications antennas that comply with the stealth design standards of Section 20.3.JJJ are considered permitted uses.

⁷ Subject to the use restrictions in Section 12.2.B.5.

⁸ 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.

⁹ Established Multi-Family Dwellings with a documented legal history are permitted uses in this district at any number previously provided.

¹⁰As authorized in Article 22, Section 22.8.B.2.a

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; Ord. No. 27,726, §1, April 11, 2018, Zoning Docket 4/18; Ord. No. 27,707, §1, April 2, 2018, Zoning Docket 001/18; Technical Correction #1, 12-17-18; Ord. 28176, Sept. 5, 2019, ZD 58/19; Ord. No. 28,156 MCS, §6, August 8, 2019, Zoning Docket 026/19 & 027/19; Ord. 28349 MCS, 5-7-20, ZD 122/19; Ord. 28432 MCS, 8-6-20, ZD 38/20; Ord. 28622, 3-11-21, ZD 83/20; Ord. 28714 MCS, 7-1-21, ZD 24/24; Ord. 28696, 6-3-21, ZD 16/21; Ord 28905 MCS, 1-6-22, ZD 83/21; Ord. No. 28,911, §4, January 6, 2022, Zoning Docket 84/21; Ord 29004 MCS 4-21-22, ZD 001/22; Ord 29126, 8-12-22, ZD016/22; Ord 29157 9-15-22, ZD 030/22; Ordinance No. 29382, March 23, 2023, Zoning Docket 02/23; Ord. 29528, 7-24-23, Zoning Docket 13/23; Ordinance No. 29702, November 7, 2023, Zoning Docket 063/23; Ordinance No. 29946, 6-13-24, Zoning Docket 002/24

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 with the exception of grocery stores.  Grocery stores are permitted by-right up to 10,000 square feet in area.

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. Grocery stores are exempt from this prohibition.  Grocery Stores over 10,000 square feet in area require conditional use approval.  Commercial uses that locate within an existing structure as of the effective date of this Ordinance that are over ten thousand (10,000) square feet of total floor area require conditional use approval.

Adopted by Ord 28805 MCS, 10-21-21, ZD 48/21

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   

1. New 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.
2. Previously constructed Drive-Through facilities may seek conditional use approval to operate, modify, expand, or reconstruct, in accordance with the standards set forth in Article 20, Section 20.3.V.

Adopted by Ord. 29850 MCS, 03-21-24, ZD 086/23;

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

Adopted by Ord. 28696 MCS, 6-3-21, ZD 16/21

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 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.

Table 12-3: The Mandatory Inclusionary Zoning Sub-District (MIZ) regulations establish mandatory inclusionary unit thresholds, set aside requirements, and Area Medium Income (AMI) levels and is required for any development that contains residential development of 10 or more dwelling units, including rental and homeownership dwelling units. Affordable Housing Units shall be in accordance with the standards outlined in the table below. All other bulk and yard regulations for the sub-districts are subject to the corresponding non-inclusionary zoning base district regulations.

Table 12-3: Historic Urban Non-Residential Inclusionary Zoning Sub-District Regulations1
Zoning Sub-District	Minimum Lot Area Requirement	Affordable Housing Unit Threshold	Set Aside Requirement %	Area Medium Income (AMI) Rental Units (%)	Area Medium Income AMI Homeownership (%)
HU-B1A-IZ	1,000 sf/du	10	5	60	60
HU-B1-IZ	1,000 sf/du	10	5	60	60
HU-MU-IZ	1,000 sf/du Dwelling Above Ground Floor: 800 sf/du	10	5	60	60

TABLE 12-3 FOOTNOTE

¹The terms for the Mandatory Inclusionary Zoning Sub-Districts in this section are outlined in Article 28.

Adopted by Ord. 27,722 MCS, §5, April 11, 2018, Zoning Docket 113-17; Ord 28036, §1, March 28, 2019, ZD 112/18; Ord 28800 MCS, 10-21-21, ZD 56/21; Ord. No. 28,911, §4, January 6, 2022, Zoning Docket 84/21; Ord. 29126, 8-12-22, ZD016/22

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 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.

d.   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.

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

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

g.   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.

h.    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

i.    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

 

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

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

 

Adopted by Ord. 29126, 8-12-22, ZD016/22

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 Rental Properties In The Historic Urban Neighborhood Non-Residential District - HU-B1A, HU-B1, and HU-MU   

Rental properties not included in the Mandatory Inclusionary Zoning sub-districts or mapped for inclusion within the Mandatory Inclusionary Zoning sub-districts, may avail themselves to the provisions provided herein.

In order to incentivize the construction of multi-family rental housing with the inclusion of affordable housing units in the Historic Urban Neighborhoods Non-Residential HU-B1A Neighborhood Business, HU-B1 Neighborhood Business, and HU-MU Neighborhood Mixed-Use Districts, density bonus and parking reductions shall be granted in exchange for the voluntary provision of affordable rental dwelling units. Developments containing ten (10) or more dwelling units that set aside at least five percent (5%) of units at a sixty percent (60%) Area Median Income level may be awarded a maximum of thirty percent (30%) reduction in the minimum lot area per dwelling unit requirements. Multi-family developments providing affordable housing units subject to the off-street parking requirements of Article 22, shall be granted a minimum of ten percent (10%) and up to a maximum of thirty percent (30%) reduction of the required parking.

Developments opting to participate in the voluntary IZ program shall be developed in accordance with Article 28, Section 28.3-Affordable Housing Development Use Standards and Guidelines and shall be subject to the regulatory and monitoring requirements outlined in Article 28, Section 28.8.

1.         All applications 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; Ord. 28739 MCS, 7-15-21, ZD 35/19; Ord. 29566, 8-1-23, Zoning Docket 014-23

12.6 Density Bonus For For-Sale Properties in the Historic Urban Neighborhood Non-Residential Districts   

Residential properties with an affordable for-sale component may avail themselves to the provisions provided herein.

In order to incentivize the construction of for-sale housing with the inclusion of affordable dwelling units, in the Historic Urban Neighborhoods Non-Residential Districts, density bonus and parking reductions shall be granted in exchange for the voluntary provision of affordable for-sale dwelling units. Developments containing fewer than ten (10) for-sale dwelling units that set aside at least one (1) unit OR developments containing ten (10) or more for-sale dwelling units that set-aside at least ten percent (10%) of units at 120% Area Medium Income (AMI) or less shall be awarded a maximum of thirty percent (30%) reduction in the minimum lot area per dwelling unit requirements, a thirty percent (30%) reduction in required minimum lot width requirements and a thirty percent (30%) increase in the floor area ratio (FAR). Developments that meet these requirements and are subject to the off-street parking requirements of Article 22 shall be granted a fifty percent (50%) reduction of the required parking.

Developments opting to participate in the for-sale voluntary IZ program shall be developed in accordance with Article 28.

Adopted by Ord. 29566, 8-1-23, Zoning Docket 014-23