Draft Hendersonville Zoning Ordinance SUMMARY

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1 Draft Hendersonville Zoning Ordinance SUMMARY Section 1. Title, Purpose and Applicability Probably the most meaningful part of this section is Section 1.2. This states the preface and intent of the ordinance. It will be helpful for you to read this part of Section 1. Section 2. Commissions, Boards and Officials This section lists the powers/responsibilities of BOMA, BZA, and Planning Commission. There is no change from the current ordinance. Section 3. Administrative Procedures This section provides procedures for submitting applications, reviewing applications, public notice and public hearings. There are no changes, except that Section 3.2 H clears up the current discrepancies regarding how soon an application which has been denied can be re-submitted. Section 4. Applications and Approval Process This provides a more detailed process for submitting applications and for the approval process. Details are provided for each type of application. Penalty for violation of the ordinance is also included in this section. Except for clarifying the process, there is little change from the current ordinance. Section 5. Zoning Districts General This section establishes the various zoning districts or classifications. It also references the zoning map and makes it an integral, although separate, part of the ordinance. The names of the zoning districts have been changed to match the character areas contained in the new Land Use Plan. The following is a comparison of the old terminology with the new: Old New AR Agricultural-Residential RR Rural Residential R-40 Low Density Residential ER Estate Residential R-20 Low Density Residential SR1 Suburban Residential R-15 Low Density Residential SR1 Suburban Residential R-15 Low Density Residential WR Waterfront Residential R-10 Medium Density Residential SR2 Suburban Residential R-15 and R-20 PUDs MXR Mixed Residential RM-1 High Density Residential MFR Multi-Family Residential TC-R Town Center Residential OTR Old Town Residential

2 NCS Neighborhood Commercial Services OPS Office Professional Services TC-C Town Center Commercial GCS/MRO PUDs GCS General Commercial Services MCD Mixed Commercial (and industrial) I-R Industrial-Restrictive I-G Industrial-General PUD Planned Unit Development HZ Historic and Landmark District NC Neighborhood Commercial O Office OTC Old Town Commercial MXC Mixed Commercial GC General Commercial HC Heavy Commercial I Industrial I Industrial PD Planned Development H Historic and Landmark District You will note there are two entirely new residential zones and one entirely differently commercial zone. WR Waterfront Residential, as per the Land Use Plan, is intended to encourage a more user-friendly development of the limited remaining water front properties. The new zoning map does not designate any particular areas as WR. However, the owners of the four properties designated on the Land Use Plan as potential waterfront developments, could apply for rezoning to WR Waterfront Residential. These properties are currently designated as SR-1 on the new zoning map. Rezoning to WR would allow for slightly smaller lots and slightly higher density in return for making the lakefront available to all residents of their subdivision. MXR Mixed Residential is new. The best way to describe this zoning district is one word Millstone. We envision future MXR developments to look like Millstone a full range and mixture of lot sizes and housing types, substantial open space and amenities with a small amount of neighborhood serving commercial mixed in. Durham Farms is another example of MXR. MXC Mixed Commercial is also new. The one word to describe MXC is Indian Lake Village. The zoning map has changed as well. One of the primary purposes of adopting a new zoning ordinance and map is to make the zoning map consistent with the new land use plan. Section 6. Residential Districts This section provides specific standards for the residential districts. Table 1 lists all Permitted and Conditional Uses in each of the residential districts. Of course, these districts, or zones, are primarily for houses. However, other uses or activities are also allowed. For example, churches and schools are allowed as a Conditional Use. Applications for Conditional Use Permits are considered by the Board of Zoning Appeals (BZA). Other uses allowable as a Conditional Use include Assisted Living Facility, Day Care and Marina. See Table 1 for a complete list. Table 2 is a very important table. It establishes the minimum lot size for the various residential districts. The primary districts are listed below along with the old and new minimum lot size:

3 Old New AR: 40,000 sq. ft. (just under an acre) RR: 3 acres R-40 & R-20: 40,000 & 20,000 sq. ft. ER: 1 acre R-15: 15,000 sq. ft. R-10: 10,000 sq. ft. RM-1: 17.4 units/ac. SR-1: 12,500 sq. ft. SR-2: 10,000 sq. ft. MFR: 15 units/ac. The other regulations contained in Table 3 (minimum lot width, maximum lot coverage, maximum height, and minimum yards/setbacks) have changed very little. Section 7: Commercial Districts This section establishes specific standards for the various commercial districts and the one industrial district. Table 3 lists all Permitted and Conditional Uses for each district. As can be seen on the new zoning map, most of the commercial areas in the City are to be zoned GC General Commercial. This is on Main Street and parts of New Shackle Island. GC allows most all types of commercial businesses Office, Retail, Service (including restaurants), and Heavy Retail and Service. Also allowed are Government and Educational Uses, Religious Uses, and Cultural, Recreation and Entertainment Uses. Some of these uses are only allowed with the granting of a Conditional Use Permit. Some light, small scale industrial activities are also allowed as a Conditional Use. A new restriction on future used car businesses is that they must be at least 1,000 ft. from any other used car business. And auto repair shops are only allowed as a Conditional Use as are self-service storage buildings. HC Heavy Commercial is the zoning classification of Industrial Drive and Commerce Drive and for parts of Avondale and Lavern Circle and a few other areas. This, as the name indicates, is mainly for heavy commercial uses like a contractor office, shop and storage yard, a machine shop, a printing shop and a welding shop. Auto repair is a Permitted Use as is self-service (mini) storage. Medium scale, light manufacturing and warehousing and distribution businesses are also allowed. Concrete and asphalt plants are allowed as a Conditional Use. Because of the intensity, hazards and heavy truck traffic associated with the above uses, Recreation and Entertainment, Office, Retail and several Service Uses (including restaurants) are not permitted. I Industrial Districts are located in Freehill Industrial Park, South Center Point Road, Volunteer Drive, Old Lower Station Camp Creek Road and a couple of other small areas. There are no areas suitable to be rezoned to Industrial. Our Industrial Districts permit light manufacturing uses and warehousing and distribution centers. Heavy manufacturing is a Conditional Use. A few Service Uses and Heavy Retail and Service

4 Uses are allowed. Office, Retail and most Service Uses (including restaurants) are not permitted. Section 8. Planned Developments The name has changed from Planned Unit Development (PUD) to Planned Development (PD). Section 8.5C lists the type of design characteristics and amenities which the City is expecting in a PD in return for allowing more lots and for making other exceptions to the normal requirements of the base/underlying zone. Section 8.5D specifies the minimum amount of open space required. This section also specifies that floodway, steep slopes (over 20%), easements for major utilities, areas with outcropping of rock and similar unusable areas shall not count for more than 25% of the required open space. Most of the residential areas on the current zoning map are R-15 which allows 3 units per acre. Most of the residential areas on the proposed map are SR-1 which allows the same 3 units per acre if developed as a P.D. The new MXR PD zone allows for up to 4 units per acre. MFR allows for up to 15 town houses or apartments per acre. See Table 5. The current RM-1 and MRO zones allow 17.4 per acre. Table 5 also establishes minimum lot area, width and yards and maximum lot coverage and building height. Minimum lot area is less than the base zone. For example SR-1 base zone requires 12,500 sq. ft. See Table 2. SR-1 PD allows the City to approve lots as small as 7,500 sq. ft. for single-family lots. Lot width may be as small as 60 ft. versus 75 ft. Yards may also be less. These standards are consistent with recently approved PDs, i.e., Millstone. Table 6 establishes minimum lot area, pervious area and yards and maximum Floor Area Ratio (FAR) and building height for commercial PDs. These standards are consistent with recently approved PDs. The procedure for approval of a PD is clarified. It is substantially the same procedure except that approval of the final plan has changed. The final plan shall be submitted to BOMA along with a report, from the Planning Commission. BOMA may accept the report without review and approve by resolution (one reading) or may conduct its own review. Again, approval is by resolution (one reading). The staff may approve amendments to the plans based on the criteria contained in 8.6 D2a. Greater changes require re-approval by the Planning Commission and BOMA. Section 9. Historic and Landmark District Regulations This section is identical to the current regulations.

5 Section 10. Supplementary Standards Section 10.3 (Use-Specific Standards) is similar to Section (Specific Standards for Community Facility Activities) of the current ordinance. This section establishes specific and appropriate standards for various uses (activities), i.e., multi-family dwellings, townhouses, service stations, motor vehicle dealerships and motor vehicle service and repair shops. See in particular 10.3K (Motor Vehicle Service and Repair), which limits open storage/parking of wrecked vehicles and other vehicles waiting to be repaired. Section 10.4 (Accessory Uses, Buildings and Structures) is a major section. See in particular 10.4A4 (Location of Accessory Buildings and Structures). Under the new ordinance, accessory buildings less than 400 sq. ft. in size may be placed as close as 5 ft. to the rear and side lines. Currently, all accessory buildings are supposed to be at least 20 ft. from the rear property line and 10 ft. (R-15) from the side lines. Section 10.4A5 (Maximum Number and Size) specifies that two is the maximum number of accessory buildings permitted and that, combined, they may not exceed in size 50% of the size of the house or 1000 sq. ft., whichever is less. 10.4A7 (Construction Standards) requires that residential accessory buildings exceeding 120 sq. ft. be constructed of the same materials as the house and must be of the same architectural design and quality as the house, except that where the house is brick: wood or fibrous cement siding over a brick perimeter foundation wall is acceptable. 10.4B (Accessory Apartments) is consistent with current policy. A second house is not permitted on lots within single-family zones; however, accessory apartments are permitted under certain conditions. Specifically, the apartment may be for family members or domestic employees only. The apartment must be accessible from the interior of the house no separate exterior door. There shall be but one utility meter and connection per utility. The apartment shall not occupy more than 25% of the total area of the structure. The remaining sub-sections under 10.3 contain standards for various accessory uses and structures. See in particular subsections 10.3D (Auto Repair at a Residential Use); 10.3I (Fences) and 10.3P (Pets, Poultry and Other Animals). Table 7 in Section 10.5 list what types of accessory structures are exempt from the minimum yard/building setback requirements. For example, decks may encroach into the required 20-ft. rear setback by up to 12 ft. (leaving a setback of 8 ft. from the rear line). Satellite dishes (more than 1 meter in diameter) may not encroach into the required front yard setback (Temporary Uses and Structures) is another section to pay particular attention to. This replaces of the current ordinance. Permitted temporary uses include carnivals, Christmas tree sales, festivals, outdoor sales, mobile vendors, garage sales and similar temporary uses. See Section 10.6C4 (Civic Non-Profit and Religious Events and Festivals) and 10.6C6 (Mobile Vendors).

6 Section 11. Site Development Standards This section takes the place of site development standards contained in various parts of the current zoning ordinance. It also takes the place of all site development standards contained in the Design Review Manual and the Town Center Design Guidelines. Included are standards for parking, for outdoor lighting, i.e., commercial parking lots, and for landscaping, screening and tree preservation. There are no major changes contains site development standards for multi-family developments contains standards for entryway walls, fencing and landscaping at the entrances to subdivisions and multi-family developments. Section 12. Building Design Standards This section takes the place of building design standards contained in the Design Review Manual and the Town Center Design Guidelines. Section 12.2 adds limited building design standards for one and two family dwellings. These standards only apply to homes constructed in new subdivisions subdivisions granted preliminary or final subdivision approval or preliminary master plan approval after the effective date of this ordinance. New homes must be compatible/consistent with other homes in the subdivision in terms of architectural style, design, color and building materials. Homes in most zones should be 50 75% brick and/or stone. The remaining percentage may be hardie board, EIFS, stucco and/or wood. Vinyl, as the remaining percentage, is not allowed in certain zones. See 12.2D (Building Materials). Section 12.2C contains standards for front-entry garages in SR-2, WR, MXR, MXC and all residential PDs. Whereas the current Design Review Manual is very general and provides limited guidance, the proposed design standards provide better guidance. Previously unwritten interpretations and policies are clearly articulated. Section 13. Sign Standards Sign standards remain the same as the current ordinance with the following exceptions: 1. Changed maximum ground sign size in GC, MXC and HC from a minimum of 40 sq. ft. to a maximum of 80 sq. ft. (depending on amount of street frontage) to 60 sq. ft. regardless of frontage. This is more consistent with the standards which apply to the Indian Lake PUDs 30 or 40 sq. ft. 80 sq. ft. will be allowed for multi-tenant signs (same as Indian Lake PUDs). 2. Changed maximum height in GC, MXC and HC from a minimum of 6 ft. to a maximum of 15 ft. (depending on frontage) to 8 ft. However, multi-tenant signs may be 12 ft. tall. This is slightly taller than what is allowed in the Indian Lake PUDs.

7 3. The maximum size of wall signs has been changed from 1.5 sq. ft. per foot of building frontage plus 1.0 sq. ft. for each additional foot of building setback beyond the required setback up to a maximum of 3 sq. ft. per foot of building frontage. To 1.0 sq. ft. per foot of building frontage plus 1.0 sq. ft. for each additional foot of building setback beyond the required setback up to a maximum of 2 sq. ft. per foot of building frontage. This is the same as the Indian Lake PUDs (which contain some large wall signs Walmart, Home Depot, Sams Club). 4. Under the current ordinance, window signs cannot be illuminated. The new ordinance would allow 1 illuminated window sign not exceeding 2 sq. ft. 5. Design standards have been expanded. See Section Basically, this puts in writing what we have already been expecting. Section 14. Nonconforming Use Standards This section is basically unchanged. It is based on state law. Nonconforming uses are allowed to remain. For example, if there is a retail shop in a residential zone and it was there legally before zoning existed, it is allowed to continue for as long as the owner desires. It can be sold to another owner. It can even change to another type of retail shop. It can be blown away or burned down. Still, it would be allowed to be re-built. It can be expanded on the same lot. The shop could even close for up to 30 months and be allowed to re-open, even though it is in a residential zone. The only limitations are: 1. If a nonconforming use remains closed for more than 30 months, it cannot re-open. This is as per state law. 2. It cannot be changed to any other category of use which is not permitted within the residential zone. 3. It cannot expand onto another lot. Section 15. Definitions It is important that an ordinance of this nature contain clear definitions of the special terms used within the ordinance. For example, one person s definition of a Restaurant - Quick Service may differ from another. Thus, it is necessary to clearly define this term and to do so in a manner that is consistent with the intent and purpose of the ordinance.

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