4.6.5 Tuscaloosa – Lakewood Neighborhood Protection Overlay
A. Purpose
The purpose of this section is to establish additional standards to ensure that new development protects and preserves the established character of the neighborhood as defined on the official zoning map.
B. Applicability
This section shall apply to the boundaries of the Tuscaloosa-Lakewood Neighborhood Protection Overlay as shown on the official Zoning Map.
C. General Standards
1. Landscaping
This section shall apply to construction of any primary structure, and shall apply on individual lots.
a. Trees, other than Pinus genus, located within required yards shall be retained unless removal is required to accommodate vehicular and pedestrian access or utilities, or the following is demonstrated by a certified arborist:
(1) The tree is determined to be unhealthy; or
(2) The tree would not survive construction activity.
b. A minimum of seven percent tree coverage, met through preservation, replacement, or a combination thereof, per Sec. 8.3, Tree Protection and Tree Coverage, is required regardless of the underlying zoning district.
c. For single-family and two-family development, the requirements in paragraph a above are applicable until a certificate of compliance has been issued for the residence on an individual single-family or two-family lot.
2. Building Height
The maximum height of a new building shall be 35 feet unless a lower height is required by another ordinance requirement.
D. Residential
Commentary: North Carolina Session Law SL2015-86 limits the ability to place design or aesthetic regulations upon single-family and two-family residential structures.
1. Building Design
a. New primary structures shall maintain a single-family detached residential appearance and scale. Residential appearance and scale shall expressly include details from residential uses within the context area as defined in paragraph 6.8.2A.1, Context Area. Review and approval of elevations and other design details through site plan review pursuant to Sec. 3.7, Site Plan Review, or architectural review pursuant to Sec. 3.22, Architectural Review, as applicable, shall be required prior to the issuance of a building permit or site plan approval as applicable. Such details shall include the following features:
(1) Roof type, including extent of eaves and eave ornamentation, if any;
(2) Porches or other similar articulation of the front façade, including typical porch details associated with specific architectural styles found in the context area;
(3) Façade materials; and
(4) Size, pattern, style, and location of windows and doors.
b. If no more than two primary structures exist within the context area, then the context area for determining the above criteria shall be extended to include the nearest block faces within the Neighborhood Protection Overlay, in all directions, with at least two structures.
2. Housing Types
Multifamily housing types shall be limited to multiplexes, townhouses, and detached rowhouses, as allowed by the base zoning.
3. Driveways
For single-family and two-family lots, driveways shall have a maximum width of 12 feet within the required street yard and at all points in front of the rear building line of the primary structure.
E. Nonresidential Uses and Structures
1. Landscaping
No buffer reductions permitted per paragraph 9.4.5C, Urban, and Compact Neighborhood Tier Constructed Buffer, shall be permitted.
2. Building Design
a. Any reconstruction, additions and/or renovations to structures originally designed for residential use but converted to nonresidential use shall maintain a single-family detached residential appearance. Residential appearance shall expressly include details from residential structures, or former residential structures, within the context area as defined in paragraph 6.8.2A.1, Context Area. Review and approval of elevations and other design details through site plan review pursuant to Sec. 3.7, Site Plan Review, or architectural review per Sec. 3.22, Architectural Review, as applicable, shall be required prior to the issuance of a building permit or site plan approval as applicable. Such details shall include the following features:
(1) Roof type, including extent of eaves and eave ornamentation, if any;
(2) Porches or other similar articulation of the front façade including typical porch details associated with specific architectural styles found in the context area;
(3) Façade materials; and
(4) Size, pattern, style, and location of windows and doors.
b. If no more than two primary structures exist within the context area, then the context area for determining the above criteria shall be extended to include the nearest block faces within the neighborhood protection overlay, in all directions, with at least two structures.