§ 33-284.48. Development parameters.

All applications for a TND shall comply with the following development parameters:

(A)

Size and location of site. The minimum size of the neighborhood proper shall be forty (40) acres and the maximum size shall not exceed two hundred (200) acres. Larger parcels shall be developed as multiple TND's, each individually subject to all the provisions. A TND may be located adjacent to, but shall not be bisected by a through street.

(B)

Density. The requested densities, in terms of number of units per gross residential acre and total number of dwelling units shall be made at the time of application. Said number of dwelling units and densities shall be in conformance with the Comprehensive Development Master Plan (Ordinance No. 88-110), as amended from time to time, including any density bonus as provided therein.

(C)

General development criteria.

(1)

Land use. The entire land area of a TND shall be divided into a neighborhood proper and optional natural or greenbelt areas.

(2)

Land allocation.

(a)

Except for the public use category, land uses in the TND are regulated by net lot area (street and alley rights-of-way excluded) as a percentage of the gross area of the neighborhood proper.

(b)

Similar land use categories shall face across streets. Dissimilar uses may abut at rear lot lines. Public uses and civic uses are considered similar land uses with all TND use categories.

(c)

Land use categories described in Section 33-284.51 of one (1) category greater or lesser intensity may abut at side lot lines (the street requirements of the greater intensity use shall govern) or face across a square or park. For example, across a square or park, house use may front rowhouse use; rowhouse use may front house use or shopfront use; shopfront use may front rowhouse use or workshop use; workshop use may front shopfront use.

(d)

Land use for corner lots which front on streets of dissimilar use shall be designated the more intensive use category.

(3)

Lots and buildings.

(a)

All lots shall share a frontage line with a street, square or green.

(b)

All buildings shall have their main entrance opening to a street or square (except outbuildings).

(c)

All uses shall be conducted within completely enclosed buildings, unless otherwise specified herein.

(d)

Stoops and front porches may encroach up to ten (10) feet into the front setbacks.

(e)

Swimming pools shall be setback five (5) feet from any interior side or rear property line, ten (10) feet from a side street property line, and constructed no closer than eighteen (18) inches to any wall or any enclosure. Swimming pools shall be constructed no closer than five (5) feet to any building foundation, unless both the design and construction are approved by the Director as safe and will not possibly result in a weakening of, or damage to, the building foundation.

(4)

Streets, alleys and pedestrian pathways.

(a)

Traffic control signing shall be established for each community to satisfy intersecting street geometrics and installed at entrances and other appropriate locations.

(b)

Streets or alleys shall provide access to all tracts and building lots.

(c)

All streets, alleys and pedestrian pathways shall connect to other streets within the TND and connect to existing and projected streets outside the TND, if applicable. Cul-de-sacs, T-turnarounds and gated or dead-end streets are not permitted within the TND.

(d)

There shall be a continuous network of alleys to the rear of building lots within the TND except as may be provided herein.

(e)

The average perimeter of all blocks within the TND shall not exceed thirteen hundred (1,300) feet. No block face shall have a length greater than four hundred (400) feet without an alley or pedestrian pathway providing through access to another street or alley.

(f)

All streets shall have a six-inch high curb except for streets in house use areas.

(g)

A curb is required at all street intersections. There shall be curb cuts providing access for people with disabilities at all intersections and points of pedestrian crossing.

(h)

Curb interruptions are permitted only for alleys, access for people with disabilities and other parking access points specified herein.

(i)

A warranted traffic control device shall be placed at intervals no further than six hundred (600) feet on all streets internal to the TND.

(j)

All sidewalks shall have a continuous unobstructed clear area of a width no less than forty-two (42) inches. This area shall be unobstructed by utility poles, fire hydrants, benches or any other temporary or permanent structures. Free and clear public use of the sidewalk area beyond the right-of-way shall be protected by a public access easement, except as provided herein for the shopfront use category.

(k)

Utilities shall run underground.

(l)

Rights-of-way in a TND shall extend a minimum of eighteen (18) inches beyond the curbface/edge of the sidewalk, measured away from the right-of-way centerline.

(m)

Street furniture such as trash containers and bus benches shall be permanently secured to the sidewalk. One bench shall be provided along all edges of squares, greens and parks

(n)

No sign, awning, lighting, wiring or other object higher than twenty-seven (27) inches from the ground shall extend more than four (4) inches horizontally over any sidewalk from the column, post or wall on which it is mounted or shall hang down above the sidewalk unless its bottom edge is more than eighty (80) inches above the sidewalk.

(5)

Parking.

(a)

Parking lots shall be located at the rear or at the side of buildings, except as otherwise permitted in a plaza. Streetwalls or streetedge shall be built on the frontage line.

(b)

Parking lots and parking garages shall not: (1) abut street intersections or civic use lots; (2) be adjacent to squares, parks, or greens; or (3) occupy lots which terminate a street vista, except as provided in a plaza.

(c)

Adjacent parking lots shall have vehicular connections, via an alley.

(d)

Except as otherwise provided by the ordinance, parking requirements for all uses shall be in accordance with sections 33-122 through 33-132 of this Code. On-street parking directly fronting a lot shall count toward fulfilling the parking requirement of that lot. One (1) parking space credit shall be given for every space in front of a lot that is over fifty percent (50%)of the length of the parking space. Civic use lots within or adjacent to public use tracts may count on-street parking fronting the public use tract towards its parking requirements. A group or common parking lot is permitted in shopfront, rowhouse and workshop uses and shall be credited to the required parking for individual uses. Attached and detached single-family units shall have a minimum of two (2) parking spaces.

(e)

There shall be provided a minimum of one (1) parking space for people with disabilities within one hundred (100) feet of each intersection. Such parking shall have a clear unobstructed space five (5) feet from the curb side, measured toward the lot line and shall be the full length of the parking space.

If a combination of on-street parking places and parking lot spaces is used to meet the total number of parking spaces required by sections 33-122 through 33-132 of this Code, then the number of parking spaces for people with disabilities provided in the lot shall be at least as many spaces as would be required to be provided if all of the required parking spaces were provided in the lot.

(f)

Parking requirements for on-site parking may, at the applicants discretion, be reduced by twenty-five (25.0) percent, except in those instances where the use is exclusively residential or town center.

(g)

Shared parking shall be permitted if approved at public hearing, in accordance with Subsection 33-284.47(A)(30) of the Code.

(h)

Parking for community related retail and service uses as listed below shall not require on-site parking provided that: (1) the total floor space for the individual uses does not exceed five hundred (500) square feet of gross floor area; (2) such uses be restricted to shopfront and rowhouse areas and (3) that such uses shall be restricted to the following:

1.

Art galleries.

2.

Bakery.

3.

Barber/beauty parlor.

4.

Bookstore.

5.

Coffee house.

6.

Confectionary, sale of cookies/ice cream.

7.

Convenience grocery.

8.

Dry cleaning (no cleaning on premises).

9.

Sale of newspapers, magazines.

10.

Shoe repair (no sale of shoes).

(6)

Landscape. Landscaping shall be provided in accordance with Chapter 18A of this Code.

(Ord. No. 91-41, § 1, 4-2-91; Ord. No. 95-223, § 1, 12-5-95; Ord. No. 03-47, § 3, 3-11-03; Ord. No. 15-35, § 2, 5-5-15)