The mixed use zoning district classifications are intended to provide for the coordinated development of office, commercial, and residential uses and their necessary support functions. They are intended to encourage design which emphasizes livable, people-oriented environments within compatible and visually appealing developments. Mixed use districts are intended to provide areas where moderate scale mixed use centers can locate with an emphasis on development of a balance of residential, office and commercial uses, and public spaces.

It is further intended that mixed use districts shall encourage development within which mutually supporting residential, commercial and office uses are scaled, balanced and located to reduce general traffic congestion by providing housing close to principal destinations, and convenient pedestrian circulation systems and mass transit to further reduce the need for automobile usage. Mixed use districts are intended to encourage development that allows multiple destinations to be achieved with a single trip.

When such districts adjoin residential development or residential zoning districts, it is intended that arrangement of buildings, uses, open space, and vehicular or pedestrian access shall be such as to provide appropriate transition and reduce potentially adverse effects.

Mixed use zoning districts require special attention to design because of the intermixing of land uses in close proximity. Applications for development authorization for projects located within one of the mixed use zoning districts shall, in addition to site layout, address building and site design, as well as the functional integration of residential and commercial uses. In addition to meeting the requirements for site plan review contained in section 7-3, above, applications for development authorization within a mixed use zoning district shall also demonstrate that the design of the project meets the goals and intent of the mixed use zoning district classifications. Applicants shall demonstrate design sufficiency in one of two ways: (1) by complying with the design standards for the mixed use zoning district classification in which the property is located; or (2) by means of alternative design which conforms to the general design considerations contained in section 18-6, below, and which will result in a project design which is as good as, or better than, that resulting from the design standards in furthering the legislative intent stated in section 18-1, above.

Except as modified in this section, applications for development authorization for projects situated within the mixed-use zoning district classifications shall be processed in accordance with article VII, above. Applicants may choose whether to proceed with preliminary or final site plan review regardless of the size of their projects.

The applicant may choose whether to have preliminary review of the site plan only or of both the site plan and the design concept. Preliminary plan review shall be conducted pursuant to the provisions of section 7-3, above, except as modified herein.

18-3-1.1 Site plan review only. If the applicant chooses to undergo site plan review only, it shall submit a preliminary site plan meeting the requirements of section 7-3-3.2. Preliminary site plan approval shall entitle the applicant to final site plan approval to develop the property in accordance with the approved preliminary site plan as provided in section 7-3-4.2, above. Preliminary site plan approval pursuant to this section does not relieve the applicant of demonstrating design compliance at the time of final plan review.

18-3-1.2 Joint site plan and design review. If the applicant chooses to undergo joint site plan and design review, it shall submit, in addition to the preliminary site plan, a design concept meeting the requirements of section 18-3-3, below. The preliminary site plan and the design concept shall undergo a threshold review by the planning director to determine whether they demonstrate compliance with the design standards for the zoning district in which the property is situated. If the planning director determines the plans are compliant with the applicable design standards, the planning director shall refer the application to the reviewing authority for preliminary review. If the planning director determines the plans are not compliant, the planning director shall refer the application to the alternative design committee. The alternative design committee shall review the application at one or more meetings at which the applicant is entitled to be present and shall make a recommendation to the applicable reviewing authority as to whether the preliminary site plan and the design concept demonstrate compliance with the requirements of this article. The decision as to compliance shall be that of the reviewing authority and shall be subject to review in accordance with article VII, above. Joint preliminary site plan and design approval shall entitle the applicant to final approval to develop the property in accordance with the approved preliminary site plan so long as final plans, including the final design concept, do not deviate substantially therefrom.

Final plan review is processed in one of two ways: compliant or alternative. Compliant final plan review means that the final design plans comply with either (1) approved preliminary design plans or (2) with all the design standards contained in section 18-6, below. Alternative final plan review is necessary for all other projects.

To initiate final plan review, the applicant shall submit a final site plan meeting the requirements of section 7-3-4.3 along with a final design plan meeting the requirements of section 18-3-3.

18-3-2.1 Compliant final plan review. The reviewing authority for compliant final plan review is the planning director. If the planning director determines the final plans demonstrate compliance with approved preliminary plans and with all other provisions of the zoning ordinance, including either the design standards contained in section 18-6, below, or an approved preliminary design, the planning director shall direct that a zoning compliance permit be issued to the applicant.

18-3-2.2 Alternative final plan review. The reviewing authority for alternative final plan review is the planning board. If the final design plans for a project deviate from either approved preliminary design plans or from the design standards contained in section 18-6, below, the applicant shall undergo alternative final plan review. The final site plan and final design plan shall be reviewed by the alternative design committee at one or more meetings at which the applicant is entitled to be present. The alternative design committee shall make a recommendation to the planning board as to whether the final design plan meets the requirements of this article. If the planning board determines the final plans demonstrate compliance with approved preliminary plans and with all other provisions of the zoning ordinance, including the design requirements contained in this article, it shall order that a zoning compliance permit be issued to the applicant.

In addition to plans and documentation required under article VII of this ordinance, applicants for development authorization for projects within one of the mixed use zoning districts shall submit, as a part of their application, design plans containing the following:

a)

Title block containing the following: sheet title, graphic and numerical scale, date, name of project, name, address and telephone number of person preparing the plans, and property address.

b)

Floor plans;

c)

Elevations of all façades, including existing structures to remain. Elevations shall be drawn to a reasonable scale which shall be not less than one-eighth inch = one foot;

d)

Design, including materials and colors, of the following project components:

1)

Stairs, ramps and railings;

2)

Refuse, storage and pickup areas;

3)

Utility and mechanical equipment, and their proposed screening;

4)

Chimneys and exhaust fans;

5)

Canopies, awnings sunshades, louvers;

6)

Balconies and decks;

7)

Antennas;

8)

Fences and walls;

9)

Type of roof, wall and trim materials to be used;

10)

Existing and proposed signs;

11)

Lighting standards and fixtures;

12)

Roof overhangs.

e)

Typical cross-sections as necessary to determine compliance with the design requirements and considerations contained in this article.

The planning director has the authority to waive any application requirement where the type of use or scale of proposal makes providing that information unnecessary or impractical. The planning director, planning board or city council may require additional information where such is necessary to enable a fully informed decision on the matter.

Decisions rendered hereunder may be appealed to city council in accordance with the provisions of section 7-3-4.4, above.

It is the intention of this article to provide a means for creative design approaches to development within the mixed use corridors so long as the design of a project advances the goals of this article.

Applicants who choose not to comply with the design standards for any mixed use zoning district classification are free to develop their projects in an alternative fashion so long as the proposed design of the project meets the general design consideration contained in section 18-6, below, and will result in a project design which is as good as, or better than, that resulting from the design standards.

There shall be an ad hoc alternative design committee, composed of not less than three nor more than five persons.

18-5-2.1 Function of the committee. The committee shall serve as a resource to the planning director and to the planning board. The committee shall meet as necessary to review alternative design proposals and to make a recommendation as to whether a proposed alternative design meets the standard stated in section 18-5-1, above. The committee shall also assist the planning director, as needed, in administering the provisions of this article.

18-5-2.2 Membership of the committee. The membership of the alternative design committee shall be appointed by the mayor to serve on an as-needed basis. The members shall be chosen from the membership of the planning board, the historic preservation commission and/or the general public residing within the city limits or the extraterritorial jurisdiction, and if possible, shall contain one or more of the following professions: 1) architect, 2) landscape architect, 3) builder or developer.

NOTE: "Building design element" sub-sections noted below are not required for one- and two-family dwellings; property owners/developers may voluntarily consent to these standards per G.S. 160D-702(b).

Mixed use zoning districts require special attention to design because of the intermixing of land uses in close proximity. Functional integration of residential and commercial uses shall be considered during project design. This section seeks to set forth the design philosophy for the mixed use zoning districts and is intended to provide guidance to design professionals. It is also intended to provide standards for reviewing projects undergoing alternative design review pursuant to section 18-3, above.

Structures shall be placed and arranged so as not to adversely affect adjacent property. Adverse effects shall include, but are not limited to, the removal of lateral support on adjacent property, the creation of hazard, nuisance, danger, or inconvenience, or unreasonable loss of privacy. Development shall be arranged so as to be visually harmonious within the development site and, where appropriate, in relation to adjacent developments. Site design elements of the development shall be integrated to the degree of their compatibility with each other and shall be separated to the degree of their incompatibility. Insofar as is practicable, developments shall be arranged so as to preserve or enhance vistas.

All mixed use developments shall be designed and developed to provide an appropriate interrelationship between the various uses and structures within the development. Residential and commercial uses may be located within the same or adjoining structures.

Permitted flexibility in lot sizes, setbacks, street alignments and widths, and landscaping shall be utilized to preserve natural features and drainage patterns and to provide open space.

The mixed-use districts are proposed for corridors where there is considerable existing development, much of which is not consistent with the purpose and goals of this article. To the degree existing development is consistent with these purpose and goals, new development should be designed to be compatible with such existing development. However, where there is a conflict between the design of existing development and the purpose and goals of this article, the purpose and goals of this article shall prevail. The following elements shall be addressed to ensure compatibility.

18-6-4.1 Architectural character. NOTE: Section 18-6-4.1 is not required for one- and two-family dwellings; property owners/developers may voluntarily consent to these standards per G.S. 160D-702(b).

The rich architectural vocabulary of the City of Hendersonville presents a wide variety of development opportunities using traditional forms while avoiding any perception of monotony. Each building proposed for the mixed use districts shall have a well-proportioned form consistent with the building use, and its construction materials and methods. Massing of the building(s) shall create a building envelope that reflects simple, clearly articulated building volumes. Such straight-forward building massing is distinguished from additive or collective forms which generally are not allowed unless clearly related to specific functions and uses of the building.

Assuming they are consistent with the purpose and goals of this article, as well as the general architectural standards stated above, new developments in or adjacent to existing developed areas shall be compatible with the established architectural character of such areas by using a design that is complementary. Compatibility may be achieved through techniques such as the repetition of roof lines, the use of similar proportions in building mass and outdoor spaces, similar relationships to the street, similar window and door patterns, and/or the use of building materials that have color shades and textures similar to those existing in the immediate area of the proposed infill development.

18-6-4.2 Building orientation. It is preferred that primary façades face the adjacent street or significant public space. A main entrance shall face a connecting walkway with a direct, safe, pedestrian connection to the street. Where the main entrance does not face the adjacent street, buildings shall nonetheless be designed to provide an attractive streetside façade.

18-6-4.3 Building placement. Buildings shall be situated with regard to pedestrian and vehicular connectivity. It is preferred that they be located close to the pedestrian street with offstreet parking behind and/or beside the building. Important mountain vistas and/or views of significant historic sites shall be protected and accentuated to the extent practicable.

18-6-4.4 Privacy considerations. Elements of the development plan shall be arranged to maximize the opportunity for privacy by the residents of the project and minimize infringement on the privacy of adjoining land uses. Additionally, the development plan shall create opportunities for interactions among neighbors.

18-6-4.5 Architectural details. NOTE: Section 18-6-4.5 is not required for one- and two-family dwellings; property owners/developers may voluntarily consent to these standards per G.S. 160D-702(b).

Architectural elements like openings, sill details, bulkheads, posts, and other architectural features shall be used to establish human scale at the street level. On corner lots, the applicant is encouraged to provide a building entry, additional building mass, and distinctive architectural elements at the corner of buildings. Windows, doors, columns, eaves, parapets, and other building components shall be proportional to the overall scale of the building. Windows shall be vertically aligned wherever practical. The appearance of all exposed façades (not just the streetside façade) is important and shall be addressed in development design.

18-6-4.6 Circulation and access. Street designs shall permit the comfortable use of the street by cars, bicyclists, and pedestrians. Pavement widths, design speeds, and the number of vehicle lanes should be minimized without compromising safety. The specific design of any given street must consider the building types which front on the street and the relationship of the street to the city's street network. This Ordinance encourages the development of a network of interconnecting streets that work to disperse traffic while connecting and integrating neighborhoods with the existing urban fabric of the city. Equally as important, the Ordinance encourages the development of a network of sidewalks and bicycle lanes that provide an attractive and safe mode of travel for pedestrians and cyclists.

Minor variations and exceptions to street cross-sections may be permitted with approval of the administrative officer and the city engineer. Such exceptions include variations to the pavement width, size and location of on-street parking, tree planting areas, street grade, and centerline radii in accordance with principles below. Right-of-way widths should be preserved for continuity.

Streets shall interconnect within a development and shall be designed with due regard to designated corridors shown on the city transportation plan. Streets shall be designed as the main public space of the city and shall be scaled to the pedestrian. Applicants are encouraged to design streets so that they interconnect with adjacent properties.

Sidewalks shall be required along streets adjacent to proposed developments. They shall form a logical, safe, and convenient system for pedestrian access to all dwelling units and commercial establishments within the development and shall be required along such streets, drives and parking areas as is necessary to accomplish this. Pedestrian/bicycle pathways may be substituted for sidewalks, if appropriate.

18-6-4.7 Building walls. NOTE: Section 18-6-4.7 is not required for one- and two-family dwellings; property owners/developers may voluntarily consent to these standards per G.S. 160D-702(b).

Buildings shall avoid long, monotonous, uninterrupted walls or roof planes on their visible façades. It is preferred that this design goal be achieved by means of building wall offsets, including projections, recesses, and changes in floor level, and roofline offsets. Such offsets add architectural interest and variety and can assist in creating human size proportions. Parapets shall be designed as integral to the mass of the building. When multiple wall materials are combined on one façade, the designer is encouraged to place the heavier material(s) below.

18-6-4.8 Building materials. NOTE: Section 18-6-4.8 is not required for one- and two-family dwellings; property owners/developers may voluntarily consent to these standards per G.S. 160D-702(b).

Building materials shall either be similar to the materials already being used in the neighborhood or, if dissimilar materials are being proposed, other characteristics such as scale and proportions, form, architectural detailing, color and texture, shall be utilized to ensure that enough similarity exists for the building to be compatible, despite the differences in materials.

Building materials shall not create excessive glare. Highly reflective building materials, such as aluminum, unpainted metal and reflective glass, have a high potential for glare, and designs utilizing such materials shall be evaluated to determine whether or not the glare would create a significant adverse impact on the adjacent property owners, neighborhood or community in terms of vehicular safety, outdoor activities and enjoyment of views.