VARIANCES REQUESTED FOR THIS SITE:

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• Special Exception: Vehicle/Equipment Repair (Limited) is a Special Exception in the UNC zoning district.

• Variance: Drive through uses are not permitted in the UNC zoning district.

• Variance: Vehicle/Equipment Repair (Limited) uses in the UNC District shall be located at least thirty (30) feet from any right-of-way line, building proposed 5.5 ft. from ROW line.

• Variance: Sixty-five (65) percent frontage required on primary build-to-line, fifty (50) percent required on secondary frontage; build-to requirement is not met on either frontage.

• Variance: Street level façades shall be transparent between 3 and 8 ft. above grade, South Aiken façade does not meet the transparency requirement

• Variance: All primary structures shall provide a prominent and highly visible street level doorway or entrance on facades that front a street; South Aiken façade lacks prominent entry

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APPLICABLE CITY CODES:

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901.08. - Conflicting Provisions
901.08.A  Conflict with Other Regulations
In the event that the provisions of this Code are inconsistent with one (1) another or if the provisions of this Code conflict with provisions found in other adopted ordinances or health regulations of the city, the more restrictive provision shall control.

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• In cases of conflicting standards (UNC use standards vs 922 site plan review standards), where it is unclear which standard is the "more restrictive" per 901.08.A,  the Zoning Administrator determined that we would include both standards as variances. 

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904.04. - UNC, Urban Neighborhood Commercial District

Purpose: The UNC, Urban Neighborhood Commercial District is intended to:
1. Serve a broader market than the immediate neighborhood;
2. Allow a range of development while controlling impacts on the neighborhood adjacent to them;
3. Ensure that new development fit within existing development patterns; and
4. Reinforce qualities of the built environment, such as the continuity of storefronts and pedestrian-oriented streetscapes.

911.04.A.73  Vehicle/Equipment Repair (Limited)
(a) In the LNC, NDI and UNC Districts
Vehicle/Equipment Repair (Limited) uses shall be subject to the following standards in the LNC, NDI and UNC Districts:
(1) The use shall be located within a completely enclosed structure;
(2) The facility shall be designed according to the development standards for commercial uses in the district;
(3) The building housing such use shall be located at least thirty (30) feet from any right-of-way line and at least sixty (60) feet from any lot in a residential zoning district; and
(4) Access to such use shall not be provided from a primary commercial frontage where access from the rear is possible.
(5) In the NDI and UNC Districts, the Approving Body shall determine that such use will not create detrimental impacts on the surrounding properties, taking into consideration the probable traffic generation, parking, pedestrian safety, noise and hours of operation. 

Note: UNC site plan review is required for development on lots larger than 2,500 sf. (See Sec 904.04.D.1.)

922.04.E  Site Plan Review Criteria
An application for Site Plan approval shall not be approved unless the Zoning Administrator determines that proposal complies with all applicable requirements of this Code and with all adopted plans and policy documents of the City. The Zoning Administrator may grant approval with conditions only to the extent that such conditions specify the actions necessary to bring the application into complete compliance with this Code and adopted plans and policy documents. No Certificate of Occupancy or subsequent approval shall be granted until such time as any such conditions have been met.
The following standards shall apply for all Site Plan Review projects unless it is determined by the Zoning Administrator that the site contains conditions which prevent the use of these standards, or if the application of these standards would not be necessary to address the impacts of the projects on adjacent and abutting properties. 

3. For all properties zoned UNC, LNC, and NDO, the following standards shall apply:
a. Build-To Line
All new construction and/or enlargements shall maintain a sixty-five (65) percent building frontage along the established build-to line. Properties on corner lots shall maintain a sixty-five (65) percent building frontage on the primary frontage and shall maintain a fifty (50) percent building frontage on the secondary frontage.
b. Ground-Floor Transparency
The street level facade shall be transparent between the height of three (3) feet and eight (8) feet above the walkway grade for no less than sixty (60) percent of the horizontal length of the building facade or shall include commercial-type windows and door openings.
c. Doorways and Entrances
All primary structures shall provide a prominent and highly visible street level doorway or entrance on all facades of the building which front on a street. Main entrances to buildings should be emphasized using larger doors and framing devices such as deep overhangs, recesses, peaked roof forms and arches. To the maximum extent feasible, the entrance shall face a public street.
d. Building Design
Varied building designs that avoid long, flat facades are required. Buildings must consider the project's siting, massing, proportions, scale, facade treatment and materials in relationship to the surrounding architectural context. Continuous linear strip development is discouraged except in highway locations.
e. Parking Areas
In addition to the Parking regulations of Chapter 914, the following standards shall apply to all off-street parking areas:
i. No parking spaces shall be located between the front building facade and the front lot line. No corner lot shall be used as off-street parking unless the parking area serves as a shared parking area.
ii. Off-street parking spaces may be located on the side of buildings, provided that the facade of the building facing the parking area is transparent between the height of three (3) feet and eight (8) feet above parking area grade for no less than thirty (30) percent of the horizontal length of the building facade.
f. Transportation Analysis
When determined necessary by the Zoning Administrator, a Transportation Analysis shall be submitted for a project in relation to street capacity, intersection classification, existing and projected traffic volumes and reasonable alternatives that will enable increased traffic to be directed away from residential areas and congested areas. 

925.05. - Build-To Line

"Build-to line" requirements are established in some zoning districts as a means of preserving the established pattern of development along streets. The build-to line is an imaginary line that falls within three (3) feet of the line along which most buildings in a block have the majority of their front facade.