ORDINANCE NO. 2-02

TITLE

AN ORDINANCE TO AMEND ORDINANCE NO. 2, TITLED “THE ZONING ORDINANCE OF THE CITY OF OAK RIDGE, TENNESSEE,” BY AMENDING CHAPTER 7, TITLED “SCHEDULE OF ZONING DISTRICT REGULATIONS,” TO INCLUDE A NEW SECTION 6-721, TITLED “TND, TRADITIONAL NEIGHBORHOOD DEVELOPMENT DISTRICTS,” TO SUPPORT THE DEVELOPMENT OF HUMAN SCALE, WALKABLE COMMUNITIES WHERE RESIDENCES, BUSINESSES AND COMMERCIAL USES ARE WITHIN WALKING DISTANCE OF ONE ANOTHER.

WHEREAS, the City of Oak Ridge desires to amend the Zoning Ordinance relating to zoning districts to create a new district called Traditional Neighborhood Development districts in order to support the development of human scale, walkable communities where residences, business and commercial uses are within walking distance of one another; and

WHEREAS, the following change has been submitted for approval or disapproval to the Oak Ridge Regional Planning Commission and the Commission has approved the same; and

WHEREAS, a public hearing thereon has been held as required by law.

NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND COUNCILMEN OF THE CITY OF OAK RIDGE, TENNESSEE:

Section 1. Ordinance No. 2, titled “The Zoning Ordinance of the City of Oak Ridge, Tennessee,“ Chapter 7, titled “Schedule of Zoning District Regulations,” is hereby amended by adding a new Section 6-721, titled “TND, Traditional Neighborhood Development Districts,” which new section shall read as follows:

6-721. TND, Traditional Neighborhood Development Districts.

(a) Purpose.

The purpose of the Traditional Neighborhood Development (TND) district is to support the development of human scale, walkable communities where residences, business and commercial uses are within walking distance of one another. These can range from small infill or redevelopment projects located in already-developed areas and relying on adjacent land uses, to larger new towns complete within their own village centers and hundreds of acres of mixed housing types. Buildings within these communities can vary as well, from neighborhoods consisting primarily of single-family attached and detached dwellings, to mixed use centers, complete with integrated retail, civic, office and residential uses, including live-work units, and housing units located on top of shops.

In smaller TNDs, existing streets and amenities provide important services. In larger TNDs, the various uses are connected and unified by a network of streets providing a pedestrian and bicycle-friendly environment. Within this street network on-street parking is provided as a traffic-calming and pedestrian-safety device, while street trees and sidewalks create a pleasant and safe walking environment. Regardless of size, the pedestrian-oriented nature of the district is reinforced by human-scaled buildings which relate to the street, provide safe pedestrian access, and create a distinct district identity. In addition, the master planned nature of this district allows building setbacks to be reduced from conventional standards as part of a carefully programmed and cohesive design.

This district also supports the preservation of environmentally and historically sensitive or significant sites and the incorporation of a variety of open space and recreational amenities into new development. Different types of open space are distinguished, and uses permitted within each reflect the open spaces’ unique purposes. Lots sizes may be smaller and more varied than conventional lots to provide for adequate densities while encouraging preservation of green space.

(b) Definitions.

When used in this section, the following terms shall have the meanings set forth below:

1. “Active recreation area” shall be an open space.

2. “Alley, Commercial” means a twenty-four (24) foot wide mid-block public access easement connecting two streets, having a twenty-four (24) foot wide paved area and serving commercial uses.

3. “Alley, Residential” means a minimum of twenty-four (24) foot wide mid-block public access easement connecting two (2) streets, having an eight (8) foot wide paved area and serving residential uses.

4. “Association” means a property owners’ association or a sub-association of a property owners’ association.

5. “CCRs” mean conditions, covenants and restrictions prepared in accordance with § 6-721(c)(3)(b).

6. “Common open space” means an active recreation area, limited access area, park, plaza, or preserve area which shall be owned and maintained in perpetuity by the Association. Unless authorized by the Planning Commission, no structure within open space shall exceed thirty five (35) feet in height.

7. “Development permissions” shall specify the maximum number of one-family dwellings; two-family, three-family and four-family dwellings; multi-family dwelling units; flexhouse units; and townhouse units located within a subarea. Additionally, the maximum square footage of various non-residential uses shall be specified.

8. “Flexhouse” means a dwelling containing commercial space at sidewalk level meeting lot type use limits and all parking requirements established for the dwelling, plus required parking for the commercial space.

9. “Front setback” means a line parallel to the front lot line and measured from the back of the required sidewalk, or from a line twelve (12) feet from the back or curb when no sidewalk is provided, or from a line twelve (12) feet from the edge of pavement when no curb or sidewalk are provided.

10. “Limited access area” shall be an open space.

11. “Lot type” means all lots defined within this section.

12. “Outbuilding” means an ancillary building, usually located towards the rear of the lot, on the same lot as a townhouse, flexhouse, one-family, two-family, three-family or four-family dwelling. Outbuildings shall include all garages and may include a dwelling unit not exceeding the lesser of eight hundred (800) square feet or forty percent (40%) of the size of the principal dwelling. Such unit shall house not more than one (1) family and not more than two (2) boarders or lodgers. For all flexhouses, townhouses, one-family, two-family, three-family, and four-family dwellings, an outbuilding shall be deemed customarily incidental to the permitted principal use.

13. “Park” shall be an open space.

14. “Plaza” shall be an open space.

15. “Preserve area” shall be an open space.

16. “Storefront character” means meeting the design regulations established in Section 6-721(y).

17. “Storefront area” means an area indicated on the Master Plan and Subarea Master Plan where a storefront character is required for all buildings. Within such area, each block face or lot frontage subject to these regulations shall be indicated on the Master Plan.

18. “Street type name” means the street names established in Table I.

19. “Street classification” means TND Arterial Street, TND Major Collector, TND Minor Collector and TND Local Street as established in Section 6-721(o).

20. “Subarea” means those identified in the Master Plan and as defined in Section 6-721(r).

1. Regulations set forth in this district shall take precedence over all City of Oak Ridge regulations. All items not addressed within this district or within the Attachments shall be subject to those regulations established by the City of Oak Ridge.

2. All parcels of land seeking rezoning to this district shall be subject to the following regulations:

a. Applicants shall provide a Master Plan drawing, with appropriate legend and data block, for subject property showing:

i. Approximate street locations and street classification;

ii. Approximate fifteen (15) foot intersection radii locations;

iii. Storefront area locations; and

iv. Subarea locations, including a range of development permissions by subarea. All subject property shall be assigned to a subarea. A Master Plan shall include a minimum of one (1) subarea; and

v. Open space acreage and percentage of site. Such shall include the sum of active recreation areas, limited access areas, parks, plazas and preserve areas, less the portion of said open space dedicated to schools or other buildings which may be located therein. For developments greater than ten (10) acres, not less than fifteen percent (15%) of the total land area shall be open space;

vi. Approximate location of existing and planned major utility facilities and easements;

vii. Expected first phase of project;

viii. North arrow;

ix. Scale of drawing; and

x. Existing street names.

b. Attachments showing the following customized matrices:

i. Attachment A: Lot Requirements, showing any further permitted limitations to the regulations established in Table I or Table II; and

ii. Attachment B: Open Space Requirements, showing additional uses and structures permitted in active recreation areas, limited access areas, parks, plazas, and preserve areas.

c. In addition, the City of Oak Ridge may require a traffic impact study for developments generating greater than one thousand (1,000) daily vehicle trips after partial or full development. Such study shall be consistent with the Traffic Impact Study Requirements of the City of Oak Ridge Subdivision Regulations.

d. The substance of covenants, grants of easements or other restrictions to be imposed upon the use of the land, buildings and structures including proposed easements for public utilities, drainage ways and common open space.

3. Prior to proceeding with the platting process within any subarea, a Subarea Master Plan for said subarea shall be submitted for approval to the Planning Commission. The Subarea Master Plan shall include:

a. Subarea Master Plan drawing with appropriate legend and data block showing:

i. Subarea boundaries;

ii. Approximate lot locations, with lot type identified;

iii. Approximate total number of lots by lot type;

iv. Approximate number of single family dwelling units, multi-family dwelling units, flexhouse units and townhouse units located within said subarea, as well as total square footage of all non-residential uses; such shall not exceed the development permission for said subarea;

v. Approximate footprints of all buildings, including parking decks, with the exception of one-, two-, three-, and four-family dwellings;

vi. Approximate storefront area locations;

vii. Approximate alley locations;

viii. Approximate street locations and street names of utilized streets, including widths and intersection radii;

ix. Approximate sidewalk locations showing an interconnected and continuous network;

x. Approximate utilities and utility easement locations;

xi. Approximate active recreation area, limited access area, park, plaza and preserve area locations;

xii. Approximate pedestrian trails and other amenity locations;

xiii. Any other structures or development requiring a building permit;

xiv. Relationship of subarea to surrounding properties, including street network, open space and public services;

xv. North arrow;

xvi. Scale of drawing;

xvii. Existing street names;

xviii. Attached request for approval of any uses customarily requiring a Board of Zoning Appeals Permit; and

xix. In cases where Estate, Hillside, Cottage or Carriage lots are located in areas meeting, or eligible for meeting, the definition of “Hillside Areas” as established in the City of Oak Ridge Subdivision Regulations, said lots shall be labeled “Hillside Condition”, in addition to their particular lot type on the Subarea Master Plan, Preliminary Plat and Final Plat.

b. The applicant shall provide a draft Conditions, Covenants and Restrictions for said property. Prior to issuance of a Certificate of Occupancy for any structure, a final version must be approved by the City Manager or the City Manager’s designee. Conditions, Covenants and Restrictions must:

i. Create a Property Owners’ Association with mandatory membership for each property owner;

ii. Require the collection of assessments for members in an amount sufficient to pay for its functions;

iii. Provide for ownership, development, management and maintenance of all community parking facilities and other common areas;

iv. Provide for maintenance of landscaping, street furniture and trees within the sidewalk; and

v. Provide for sidewalk cleaning and maintenance in rights of way adjacent to commercial uses.

c. The applicant shall provide a draft agreement between the applicant and the City of Oak Ridge detailing installation and maintenance responsibilities for all streetscape items not customarily provided by the City of Oak Ridge.

4. At the property owner’s request and Planning Commission approval, approval of the Subarea Master Plan may constitute approval of a preliminary plat subdivision for an entire subarea or portion thereof; provided that, in addition to the requirements herein, the requirements for Preliminary Plat: Submission, Review and Approval, of the City of Oak Ridge Subdivisions Regulations are met for said subarea or portion thereof.

5. In general, the construction and provision of all common open spaces and recreational facilities that are shown on the Subarea Master Plan must proceed at no slower rate than the construction of dwelling units. From time to time, the Planning Commission shall compare the actual development with the Subarea Master Plan. If the Planning Commission finds that the percentage of dwelling units or commercial structures building (as a percentage of the total subarea development permission) is substantially greater than the percentage of area provided (as percentage of the total subarea common open space acreage), then the Planning Commission may, after notice and a thirty (30) day opportunity to cure, cease to approve additional final plats and/or instruct the City Manager or the City Manager’s designee to discontinue the issuance of building permits.

6. In cases where approval of a Subarea Master Plan has not constituted approval of a Preliminary Plat, and before Preliminary Plat approval, the City Manager or the City Manager’s designee may authorize the following administrative changes to a Subarea Master Plan:

a. The number of single family dwelling units, multi-family dwelling units, flexhouse units and townhouse units located within said subarea, as well as total square footage of all non-residential uses may be changed, provided such does not exceed the development permissions for the given subarea;

b. Storefront area locations may be moved, but total block frontage shall not be reduced;

c. Sidewalk locations may be moved but shall still provide an interconnected and continuous network;

d. Active recreation area, limited access area, park, plaza and preserve area locations may be moved but total area not reduced; and

e. Pedestrian trails and other amenity locations may be moved, but total amenities not reduced.

7. Subsequent to approval of the Final Plat by the Planning Commission, but before a Certificate of Occupancy has been issued for a building, the City Manager or the City Manager’s designee may authorize the following variations:

a. Variations for lots labeled “Hillside Condition” under the provisions of Section 6-721(c)(3)(a)(xix) including:

i. Retaining wall heights greater than those contained in this section;

ii. Front setbacks less than those contained in this section;

iii. Circular drives between a building and the street;

iv. Driveways between the building and the street or not perpendicular to the street;

v. Finished floor elevations above sidewalk level, or edge of right of way when no sidewalk is provided, for terraces, porches and stoops;

vi. Porch steps extending into the front setback a distance greater than five (5) feet; and

vii. Parking between the principal building and the street, provided that such parking does not exceed two (2) spaces when located in surface parking area.

b. Setback variations of twenty percent (20%) for all lots not labeled “Hillside Condition” under the provisions of Section 6-721(c)(3)(a)(xix).

8. Planning Commission may authorize applications for amendments to the zoning conditions placed on any Master Plan or Subarea Master Plan, as long as there is no reduction in common open space acreage or no change in common open space category, provided that the following criteria are met:

a. Practical Difficulties or Unnecessary Hardship

That strict application of the zoning conditions would result in practical difficulties or unnecessary hardship, which may include the following:

i. That there are exceptional or extraordinary circumstances or conditions applying to the land, buildings or uses referred to in the application, which circumstances do not apply to other land or uses in the district.

ii. That changing demographics of the area, needs of demographics or market demands of demographics are such that such zoning conditions do not reflect such demographic factors.

iii. When zoning conditions include requirements which exceed the specific requirements of the code, that the cost or time required to implement such requirements or amenities render such zoning conditions impractical.

b. Not Detrimental

That granting the application will not be detrimental to the public welfare or injurious to property or improvements in the vicinity of the affected area.

c. Health or Safety Not Adversely Affected

That granting the application under the circumstances of the particular case will not adversely affect the health or safety of the persons working or residing in the vicinity of the affected property.

d. Maintains Intent of TND District and the City’s Comprehensive Plan

That such amendment is consistent with the intent of the TND District and will not adversely affect the community objectives stated in the City’s Comprehensive Plan.

(d) Permitted Principal Uses.

A building or premise shall be used for permitted principal uses and structures only as identified in lot type and open space regulations.

(e) Permitted Accessory Uses.

A building or premise shall include permitted accessory uses only as identified in lot type and open space regulations.

(f) Uses Requiring Board of Zoning Appeals Permit.

A Board of Zoning Appeals Permit shall be required as identified in lot type regulations, except that a Board of Zoning Appeals Permit shall not be required if such use is approved by the Planning Commission as part of Master Plan or Subarea Master Plan approval.

(g) Area, Height, Bulk and Placement Regulations.

Height, Bulk and Placement Regulations shall be:

1. As identified in lot type and open space regulations within this section; or

2. As identified in Attachment A: Lot Requirements, subject to the regulations established by lot type.

(h) Utility Regulations.

Public and private utilities shall be subject to the following:

1. A fifteen (15) foot horizontal clearance shall be provided from overhead utility lines for a total easement of thirty (30) feet to meet horizontal clearance requirements. This easement shall provide clearances required to properly maintain the system and meet the requirements of the National Electric Safety Code, as adopted by the State of Tennessee.

2. A seven and one-half (7.5) foot easement shall be provided on each side of an underground electric utility line, for a total easement of fifteen (15) feet. This easement shall provide clearances required to properly maintain the system and meet the requirements of the National Electric Safety Code, as adopted by the State of Tennessee.

3. All public and private utility clearance requirements shall supercede setback requirements in cases where setback requirements are less than horizontal clearance requirements.

4. No structure or trees shall be placed in a public utility easement or in an alley which is used in whole or part as a public utility easement.

(i) Gate, Fence and Accessory Regulations.

The following requirements shall apply:

1. Terraces, porches and stoops within the front setback shall have a maximum finished floor height of five (5) feet above sidewalk level or edge of right of way when no sidewalk is provided.

2. Steps built as part of a porch may extend into the front setback a distance not greater than five (5) feet.

3. Steps built as part of a retaining wall may extend into the front setback a distance necessary to provide pedestrian access from the primary building entrance to the sidewalk, or edge of right-of-way when no sidewalk is provided.

4. No walls shall be located within the front setback, with the exception of retaining walls and walls surrounding public and private utility structures.

5. Retaining walls shall not exceed a maximum height of thirty-six (36) inches unless existing topography requires a retaining wall of greater height.

6. Walls and fences surrounding public and private utility structures shall not exceed a maximum height of six (6) feet.

7. Fencing within the front setback is permitted only when:

a. The front setback is located adjacent to ground floor dwelling units;

b. Said fencing is used to separate authorized outdoor dining from the required sidewalk; or

c. Said fencing surrounds public or private utility structures.

8. Permitted fences within the front setback shall meet the following regulations:

a. For residential uses adjacent to the sidewalk, or edge of right-of-way when no sidewalk is provided, fences shall not exceed forty-two (42) inches in height.

b. For non-residential uses adjacent to the sidewalk fences are prohibited except where specifically authorized elsewhere in this Section for outdoor dining or public and private utility structures.

c. The combined height of a fence, where otherwise authorized, and retaining wall shall not exceed a height of seventy-eight (78) inches, unless existing topography prohibits retaining walls of a lesser height.

d. Except for repair and maintenance of existing walls, no permit for construction of a retaining wall shall be issued subsequent to the issuance of a Certificate of Occupancy for the principal building on a lot.

9. Barbed wire, razor wire, barbs and spikes, and similar elements shall be prohibited.

10. Chain link fences are permitted only when not visible from any public right of way, except when surrounding public and private utility structures.

11. Fences and walls not located within the front setback shall not exceed six (6) feet in height.

12. Gasoline fuel dispenser structures and associated vehicular services such as air pumps and car washes shall not be located between a building and the street.

13. Parking shall not be located between any building and the street, except where authorized in Section 6-712(c)(7).

14. No continuous fence, perimeter fence or wall surrounding more than one lot shall be permitted.

15. Fences shall not be permitted within any alley or public utility easement.

16. Adjacent to sidewalk level residential uses, the area within the front setback not used for porches, stoops, terraces, walkways or permitted drives shall be landscaped with trees, shrubs or groundcover.

(j) Relationship of Building to Street.

The following regulations shall apply to principal buildings in all lot types and subareas.

1. Building floors shall be delineated and shall be executed through windows, belt courses, cornice lines or similar architectural detailing.

2. The primary pedestrian entrance for pedestrians to access all street level uses and business establishments with street frontage:

a. Shall face and be visible from the street.

b. Shall be directly accessible and visible from the sidewalk, or edge of right-of-way when no sidewalk is provided.

c. Shall remain unlocked during business hours for non-residential uses.

d. Shall provide a street address number which is clearly visible from the street and a minimum of six (6) inches in height.

3. All multifamily, commercial or civic uses shall have sidewalks or walkways with a minimum width of five (5) feet connecting all building entrances to ground level parking and the public sidewalk.

4. Buildings with ground level dwelling units shall meet the following additional regulations:

a. All such buildings with more than four (4) dwelling units that are adjacent to the sidewalk shall have individual entrances to such units directly accessible from the sidewalk and shall open directly onto the adjacent sidewalk, park, plaza, terrace or porch adjacent to the sidewalk.

b. Buildings located on corner lots shall have windows on each street frontage façade that are substantially similar in size to the front facade windows.

(k) Loading Areas, Loading Dock Entrances and Building Mechanical and Accessory Features.

Loading requirements are as set forth in the Zoning Ordinance. All loading areas and building mechanical and accessory features are subject to the following regulations:

1. Loading areas: Dumpsters and loading areas shall be screened so as not to be visible from any public plaza, street level or sidewalk level outdoor dining area, public sidewalk or public right-of way. In addition, dumpsters and loading areas serving residential uses shall be enclosed with opaque walls a minimum of six (6) feet in height and having a style and material in keeping with those of the principal structure.

2. Loading dock entrances for non-residential uses shall be screened so that loading docks and related activity are not visible from the public right-of-way.

3. Loading and deliveries shall be prohibited between the hours of 10:00 p.m. and 7:00 a.m.

4. Building mechanical and accessory features:

a. Shall be located to the side or rear of the principal structure and shall be in the location of least visibility from the public right-of-way. Screening with plant or fence materials shall be required if the equipment is otherwise visible from the public right-of-way.

b. Shall be incorporated in the design of the building and screened with building materials similar to the building when located on rooftops.

c. Shall not be permitted between a building and any public street.

(l) Off Street Parking Requirements.

Off street parking requirements are as set forth in the Zoning Ordinance.

(m) Curb Cuts, Drives, and Parking Structures.

1. Driveways serving all commercial uses shall be limited to one-way entrances with a maximum width of twelve (12) feet or two-way entrances with a maximum width of twenty-four (24) feet.

2. Driveways serving residential uses shall have a minimum width of ten (10) feet and a maximum width of twenty (20) feet.

3. Curb cuts for an individual lot containing exclusively commercial uses shall be a minimum of three hundred (300) feet apart except that:

i. Properties with more than one (1) frontage may have one (1) curb cut per frontage; and

ii. Curb cuts serving private streets meeting the dimensional requirements shown in Section 6-721(o) Table I and, the regulations in Section 6-721(p) shall be exempt from this regulation.

4. Adjacent lots may share driveways, provided they do not exceed the maximum widths established in Section 6-721(m)(1) and Section 6-721(m)(2) above.

5. No circular drives shall be located between any building and any street, with the exception of those serving hotels or one-family dwellings located on estate lots, subject to the following additional regulations:

i. Circular drives serving estate lots shall only be permitted on estate lots with a minimum lot frontage of forty (40) feet; and

ii. Circular drives serving estate lots are only permitted when a minimum front setback of forty (40) feet is provided.

6. Except as authorized in Section 6-721(m)(5), or for a driveway to reach the side yard, rear yard or, on-site parking facility, or as authorized for hotels and “Hillside Conditions”, driveways are not permitted between the public right of way and a building, and shall be perpendicular to any street.

7. Drive-through facilities are not permitted between a building and the street.

8. Parking deck facades shall conceal automobiles from visibility from any public right-of-way or private drive/street that is open to the public and shall have the appearance of a horizontal storied building from any public right-of-way.

(n) Lighting.

All lighting that up-lights trees, buildings or other elements that is located between a building and the street or public right-of-way shall be located a minimum height of eight (8) feet above the sidewalk or edge of public right-of-way when no sidewalk is provided.

(o) Street Standards.

The following regulations shall take precedence over all other City of Oak Ridge street and road design standards:

1. Street classifications within a TND shall meet the dimensional requirements shown in Table I; all minimum permitted lane widths shall not include curb and gutter, when utilized.

2. Blocks shall be permitted to have a minimum length of one hundred fifty (150) feet, including alleys.

3. Streets shall form an interconnected network and shall connect with adjacent street networks. Every effort shall be made to provide as many of these connections as possible. Cul-de-sacs are prohibited except on TND Local Streets where topography, environmental protection, preservation of cultural resources or similar considerations prohibit the creation of street connections. In no case shall any dead-end street be greater than six-hundred (600) feet in length.

4. Gates and fences shall be prohibited across all public streets, public utility easements, alleys, private streets and drives.

5. Street jogs and offsets shall be permitted at a minimum of seventy-five (75) feet on TND Local streets only.

6. All street classifications shall be permitted:

a. A minimum pavement width of twenty (20) feet, which shall not include on-street parking, when ten (10) foot wide lanes are used; or

b. A minimum pavement width of twenty five (25) feet, which shall include parallel parking on one (1) side of a TND Local street, when nine (9) foot wide lanes are used.

7. Sidewalks shall be required as provided for in Section 6-721(p).

8. When on-street angled parking is provided, Minimum Permitted Lane Widths shown in Table I shall be increased by two (2) feet; on-street angled parking shall have a minimum width of (16) feet.

9. On TND Local Streets, the permitted minimum centerline radius for streets with a design speed of 25 mph and no superelevation is one hundred fifty (150) feet.

10. On TND Local Streets, the permitted minimum centerline radius for streets with a design speed of 20 mph and no superelevation is ninety (90) feet.

11. On TND Local Streets, the permitted minimum centerline radius for streets with a design speed of less than 20 mph and no superelevation shall be determined by the minimum suggested radii found in the most current edition of A Policy on Geometric Design of Highways and Streets, published by the American Association of State Highway and Transportation Officials.

12. On streets with a design speed of 25 mph or less, street trees and street lights shall be located a distance greater than or equal to three (3) feet clear zone from the back of street curb at time of installation or planting.

13. On TND Local Streets, street grades approaching an intersection through vertical curves shall not exceed six percent (6%) for the last fifty (50) feet before the intersection.

(p) Sidewalks

1. Sidewalks shall have minimum widths as identified in Table I.

2. Sidewalks shall form an interconnected network.

3. Sidewalks shall be provided on both sides of a TND Arterial, TND Major Collector, TND Minor Collector and TND Local, unless topographical conditions prohibit.

4. Sidewalks shall be provided on a minimum of one (1) side of cul-de-sacs Streets, unless topographic conditions prohibit.

5. Within Village Center and Community Mixed Use subareas, sidewalks shall be provided on both sides of the street.

6. Within Neighborhood subareas, sidewalks shall be provided adjacent to Townhome, Multifamily and Neighborhood Commercial Lots.

7. Where a traditional neighborhood development abuts an existing street, a sidewalk shall be provided where such development is adjacent to said street.

8. Sidewalk requirements may be waived where open space abuts a street if an accessible pedestrian path or trail is provided within two hundred (200) feet of said street, and links with required sidewalks at each end.

9. Sidewalks shall consist of two zones: a tree planting and street furniture zone and a sidewalk clear zone. The following regulations shall apply to all public sidewalks:

a. Tree planting and street furniture zone requirements: The tree planting and street furniture zone shall be located immediately adjacent to the curb and shall be continuous. In addition to the required planting of trees, this zone may also be used for:

i. Bus shelters, utility and light poles, trash receptacles, fire hydrants, traffic signs, newspaper vending boxes, bicycle racks and similar elements in a manner that does not obstruct pedestrian access or motorist visibility when adjacent to commercial lots.

ii. Bus shelters, utility and light poles, traffic signs, and fire hydrants when adjacent to residential lots.

b. Sidewalk clear zone requirements: Said zone shall be located immediately contiguous to the tree planting and street furniture zone, shall be continuous, and shall be subject to the minimum widths established in Table I. Said zone shall be landscaped except when adjacent to commercial lots, in which case it may hardscape. Said zone shall also be unobstructed for a minimum height of eight (8) feet, by any permanent or nonpermanent element such as retail displays, outdoor dining, plantings, sculpture and similar elements.

10. Street tree planting requirements: Street trees are required and shall be planted in the ground a maximum of fifty (50) feet on center within the tree planting and street furniture zone and spaced equal distance between street lights. All newly planted trees shall be a minimum of three (3) inches in caliper measured thirty-six (36) inches above ground, shall be a minimum of twelve (12) feet in height, shall have a minimum mature height of forty (40) feet and shall be limbed up to a minimum height of seven (7) feet. Trees shall have a minimum planting area of thirty-six (36) square feet.

11. Tree grates: Where tree grates are installed, they shall be a minimum of six (6) feet by six (6) feet, shall be a type approved by the City Manager or the City Manager’s designee in accordance with the standards utilized by the City for placement of such objects in the public right-of-way, and shall be placed within the tree planting and street furniture zone. Where tree grates are not required or otherwise installed, tree-planting areas shall be planted with grass or evergreen ground cover with a maximum mature height of eighteen (18) inches.

12. Root barrier: A root barrier shall be provided between all street trees and the adjacent street curb and clear zones.

13. Awnings and canopies shall be located a minimum of eight (8) feet above the sidewalk and shall not encroach more than five (5) feet over the required sidewalk.

(q) Off Street Parking Lot Layout, Construction and Maintenance.

The parking lot requirements are as set forth in the Zoning Ordinance. The following additional regulations shall apply to TND Districts:

1. Continuous landscaped buffer strips shall be constructed along public sidewalks and public rights-of-way where parking is adjacent to such sidewalks or public rights-of-way, except at points of ingress and egress into the facility. Such landscaped buffer strips shall be a minimum of seven (7) feet in width and shall contain, in addition to grass and/or ground cover, trees planted a maximum of fifty (50) feet on center along the entire length.

2. All landscaped buffer strips along public sidewalks and public rights of way shall have a minimum of one (1) tree.

3. Newly planted trees shall be a minimum of two (2) inches in caliper as measured at a height three (3) feet above ground level, shall have a forty (40) foot minimum mature height and shall be drought-tolerant. Trees shall be planted a minimum of thirty (30) inches from any barrier curb so as to prevent injury to trees from vehicle bumpers.

4. Surface parking lots shall have a minimum landscaped area equal to at least ten percent (10%) of the paved area within said lot. In no case shall a parking lot owner be required to provide landscaped areas that exceed ten percent (10%) of the paved area.

5. In the event that landscaped areas are in the interior of a surface parking lot they shall be a minimum of six (6) feet in width and six (6) feet in length with a minimum planting area of thirty six (36) square feet.

6. A minimum of one (1) tree per eight (8) parking spaces shall be included in the required landscaped areas for surface parking lots. For the purposes of satisfying this requirement, trees located within the required landscape buffer strip may be counted, as may existing trees that are three (3) inches or more in caliper as measured at a height thirty six (36) inches above ground level, shall be considered to be equivalent to one (1) or more newly planted trees on the basis of one (1) tree for each three (3) inches in caliper.

7. In addition to trees, ground cover shall be provided in order to protect tree roots and to prevent erosion. Ground cover shall consist of shrubs, mulch and other similar landscaping materials.

8. Shrubs shall be maintained at a maximum height of thirty (30) inches.

9. Barrier curbs shall be installed around the perimeter of surface parking lots and around landscaped areas that are required herein, except where the perimeter abuts an adjacent building or structure and at points of ingress and egress into the facility, so as to prevent encroachment of vehicles onto adjacent property, rights-of-way and landscape areas.

10. Barrier curbs shall be a minimum of six (6) inches in height and a minimum of six (6) inches in width and permanent in nature. Barrier curbs shall be concrete or stone. Such curbs shall be securely installed and maintained in good condition.

11. Where the end of a parking space abuts a landscaped area, barrier curbs may be placed in the parking space at a maximum of two (2) feet from the end of the parking space. This two-foot-wide area may have the pavement removed and be developed as part of the required landscaped area.

12. Where landscaped areas are located adjacent to vehicle overhangs, the trees shall be planted in line with the side stripes between parking spaces in order to avoid injury to trees by vehicle bumpers.

13. Internal parking deck lighting fixtures shall not be visible from any public right-of-way.

14. All commercial uses shall provide bicycle/moped parking facilities at a ratio of at least one (1) bicycle/moped parking space for every twenty (20) automobile parking spaces. Multifamily uses shall provide said facilities at a ratio of at least one (1) bicycle/moped parking space for every five (5) multi-family units. No building that requires bicycle parking shall have fewer than three (3) bicycle/moped parking spaces nor be required to exceed a maximum of fifty (50) spaces. Bicycle/moped spaces shall be located within the tree planting and street furniture zone a maximum distance of one hundred (100) feet from the building entrance, or shall be located at least as close as the closest automobile space, except for handicapped parking spaces. Each space shall include a metal anchor sufficient to secure the bicycle/moped frame when used in conjunction with a user-supplied lock.

(r) Subarea Regulations.

1. All subareas shall be subject to the lot type and use regulations contained in this Subsection, Attachment B: Subarea Regulations and the development permission identified in the Master Plan.

2. The following subareas shall have the meanings as defined:

a. Neighborhood Subarea: The Neighborhood is a primarily residential area generally not exceeding a one-quarter (1/4) mile radius. Within the Neighborhood, the opportunity is provided for a small commercial area providing goods and services to the immediate Neighborhood and housing densities slightly higher than those found in the remainder of the Neighborhood.

i. Blocks fronted by any lot type shall not exceed one thousand (1,000) feet in length without an intervening street except where topography, environmental protection, preservation of cultural resources or similar considerations prohibit the creation of block frontages less than one thousand (1,000) feet in length.

ii. At least seven and one-half percent (7.5%) of the total land of this subarea area shall be a park or plaza.

iii. Permitted lot types within this subarea are limited to Carriage, Cottage, Estate, Hillside, Multifamily, Neighborhood Commercial, and Townhome Lots.

b. Village Center Subarea: The Village Center provides an integrated mix of commercial and residential uses in keeping with the scale and character of nearby neighborhoods and providing goods and services that primarily serve these neighborhoods.

i. Blocks shall not exceed six hundred (600) feet in length without an intervening street except where topography, environmental protection, preservation of cultural resources or similar considerations prohibit the creation of block frontages smaller than six hundred (600) feet in length.

ii. At least seven and one-half percent (7.5%) of the total land of this subarea area shall be a park or plaza.

iii. Permitted lot types within this subarea are limited to Village Commercial lots.

c. Community Mixed Use Subarea: The Community Mixed Use Subarea provides a moderately dense mix of uses and is usually located on arterials and highways and shall serve an area greater in size than the immediate area.

ii. At least seven and one-half percent (7.5%) of the total land of this subarea area shall be a park or plaza.

iii. Permitted lot types within this subarea are limited to Community Commercial lots.

(s) Common Open Space.

1. Performance Criteria.

Common open space shall be subject to the following regulations:

a. Buildings and structures, with exception of public and private utility structures and those otherwise approved in Attachment B: Open Space Regulations, shall not exceed thirty-five (35) feet in height.

b. Public and private utility structures shall be permitted principal uses in all open spaces.

c. Active recreation area shall serve several subareas and:

i. May Include the following uses and structures:

1. Golf facilities.

2. Ball fields.

3. Ball courts.

4. Swimming pools.

5. Multi-use trails.

ii. Shall be defined at the edges by public streets, to the maximum extent possible.

d. Limited access areas shall protect sensitive areas of environmental and historic significance and:

i. May Include the following uses and structures:

1. Trails.

2. Parking to serve trails.

ii. Shall restrict access to all off-trail areas.

e. Parks shall provide passive recreation and gathering places and:

i. May include the following uses and structures:

1. Picnic facilities, drinking fountains, benches and similar elements.

2. Playgrounds.

3. Kiosks.

ii. Shall be defined at the edges by public streets, to the maximum extent possible.

iii. Shall be accessible to property owners and residents.

iv. Shall have a landscape consisting of paths, trees, lawns, shrubs and other plant materials.

v. Shall have no more than twenty percent (20%) of its area covered with impervious surfaces.

f. Plazas shall provide civic gathering spaces and:

i. May include the following uses and structures:

1. Water Fountains.

2. Picnic facilities, drinking fountains, benches and similar elements.

ii. Shall have a landscape consisting of durable pavement, trees and other plant materials.

g. Preserve areas shall protect and enhance areas of environmental and historic significance and may include the following uses:

i. Camping sites.

ii. Multi-use trails.

iii. Hiking trails.

iv. Parking to serve trails.

2. Establishment and Maintenance Regulations.

Any common open space established by an adopted Master Plan or Subarea Master Plan shall be subject to the following:

a. Quality, Use and Improvement of Common Open Space

i. Common open space shall be utilized for amenity, site protection or recreational purposes. Passive open space, active recreational open space and engineered functional elements authorized to be held in common shall be appropriate to the scale and character of the TND considering its size, developmental density, expected population, topography and other factors.

ii. Common open space may, subject to approval by the Planning Commission and City Council, consist of improved or unimproved land. All such land shall be classified into one of the five (5) categories of common open space as set forth in Section 6-721(s)(1)(c)–(g) as to its intended type upon the Subarea Master Plan which includes the common open space, all site plans and all plats developed concurrently with the development of the Subarea Master Plan.

iii. As set forth in Section 6-721(c)(3)(a)(xi), the Subarea Master Plan shall indicate which category will be the intended use for each tract of common open space located within the particular subarea of the development. In the case of improved recreational space, such plan shall indicate a proposed draft of the design and proposed types of facilities to be included in such spaces.

iv. Common open space may be put to any use which is consistent with the designated category set forth in Section 6-721(s)(1)(c)–(g)

v. Any change in the category of common open space designated on the Subarea Master Plan or any use outside the uses consistent with the designated category will require the approval of City Council.

b. Conveyance of Common Open Space

All land shown on the Master Plan or any Subarea Master Plan as common open space shall be conveyed under one of the following options:

i. The City shall have the first and last offer of dedication of open space only in the event said land is to be conveyed to an entity other than the Association or any other non-profit community or owners association with authority to maintain the common open space. Any dedication so occurring in accordance with this paragraph shall take the form of fee simple ownership. The City may, but shall not be required to, accept common open space provided: (1) such land is accessible to the residents of the City; (2) there is no cost of acquisition other than the costs incidental to the transfer of ownership, such as title insurance; and (3) the City agrees to and has access to maintain such lands. Where the City accepts dedication of common open space that contains improvements, the City may require the posting of financial security to ensure structural integrity of said improvements as well as the functioning of said improvements for a term not to exceed eighteen (18) months from the date of acceptance of dedication. The amount of financial security shall not exceed fifteen percent (15%) of the actual cost of said improvements.

ii. Open space may be conveyed to trustees provided in an indenture establishing an association, funded trust or similar organization meeting the requirements of Section 6-721(s)(2)(c) for the maintenance of the common open space within the planned development. The common open space shall be conveyed to the trust subject to CCRs to be approved by the Planning Commission which permit the common open space to be used for the category specified on the Subarea Master Plan, and which provide for maintenance of the common open space in a manner that assures its continuing use for its intended purposes.

iii. Where any land within TND district is proposed to be subdivided into residential lots and such site contains improved recreational open space, the recreational open space and all proposed improvements shall be completed and conveyed in the manner provided in Sections 6-721(s)(2)(b)(i) and 6-721(s)(2)(b)(ii) at the time of filing of the final plat. In the event said improvements are not completed and conveyed at the time of filing the final plat, a bond must be posted with the City to cover the total cost of constructing said improvements.

iv. The common open space and any other association facilities may be controlled through the use of CCRs approved by the City pursuant to Section 6-721(c)(3)(b). Such agreements shall be in conformance with applicable State law, rules and regulations.

v. The City may, but shall not be required to, accept easements for public use of any portion or portions of undeveloped open space land, title of which is to remain in ownership by the Association, provided:

1. Such land is accessible to city residents;

2. There is no cost of acquisition other than costs incidental to the transfer of ownership, such as title insurance; and

3. A satisfactory maintenance agreement is reached between the developer, the Association and the City.

vi. The owner may transfer elements of common open space, as designated on the Master Plan or the Subarea Master Plan, to a private nonprofit organization acceptable to the City, which acceptance shall not be unreasonably withheld, among whose purposes it is to conserve open space and/or natural resources provided that:

1. The organization is a bona fide conservation organization with perpetual existence;

2. The conveyance contains appropriate provisions for proper reverter and retransfer in the event that the organization becomes unwilling or unable to carry out its functions; and

3. A maintenance agreement acceptable to the City, which acceptance shall not be unreasonably withheld, is entered into by the developer and the organization.

c. Requirement for Maintenance Organization

In any instance where common open space is to be conveyed to an organization other than a public agency, the Planning Commission and City Council shall require that the landholder provide for and establish an organization such as the Association for the ownership and maintenance of any common open space and that such organization shall continue in perpetuity, shall not be dissolved nor shall it dispose of any common open space, by sale or otherwise, except to an organization conceived and established to own and maintain the common open space.

d. Mandatory Provisions Governing Organization and Operation of Property Owners’ Association or Maintenance Association

The common open space and associated facilities may be held in common ownership by the Association or maintenance association. Such an association shall be formed and operated under the following provisions:

i. The developer shall provide a description of such association, including the bylaws and general responsibilities for maintaining the common open space.

ii. Such association shall be organized by the developer and shall be operated with a financial subsidy from the developer before the sale of any lots within the development.

iii. Membership in such association is automatic (mandatory) for all purchasers of property therein and their successors in title. The conditions and timing of transferring control of such association from developer to the property owners shall be identified.

iv. Such association shall be responsible for maintenance of insurance including but not limited to liability and property insurance and taxes on all open space, enforceable by liens placed by the City on the association. Such association may place liens on the property of its members who fail to pay their association dues in a timely manner. Such liens may require the imposition of penalty interest charges.

v. The members of such association shall share equitably the cost of maintaining and developing such undivided open space. The allocation of such cost among members shall be defined within the association bylaws or other relevant governing documents.

vi. In the event of a proposed transfer of common open space using the methods permitted by 6-721(s)(2)(b) by an association or of the assumption of maintenance of undivided open space land by the City, notice of such action shall be given to all property owners within the development, or, in circumstances where sub-associations have been created in accordance with the CCRs, to such sub-association boards.

vii. Such association shall utilize adequate resources to administer common facilities and properly maintain the undivided open space.

viii. Such association may lease common open space to any other qualified person or corporation for operation and maintenance of common open space, but such lease agreement shall provide:

1. That the residents and property owners of the development shall at all times have access to the common open space contained therein (except croplands during growing season or for individuals with leases with terms of three (3) days or less);

2. That the common open space to be leased shall be maintained for the purposes set forth in Section 6-721;

3. That the operation of common open space facilities may be for property owners only, or may open to the residents of the City, at the election of the developer and/or such association, as the case may be; and

4. That the lease shall be subject to approval of the Board of Directors of such association. Lease agreements with lease terms of one (1) year or longer shall be filed with the City, and, upon the City’s request, shall be recorded in the County Register of Deeds Office within thirty (30) days of execution and a copy of the recorded lease shall be filed with the City.

e. Maintenance Standards

i. The ultimate owner of the common open space (typically a property owners’ association) shall be responsible for raising all monies required for operations, maintenance or physical improvements to the common open space through annual dues, special assessments, etc. The property owners’ association shall be authorized under its bylaws to place liens on the property of owners who fall delinquent in payment of such dues, assessments, etc.

ii. In the event that the Association or any successor organization shall at any time after establishment of a development containing common open space, formal recreational improvements or engineered improvements, fail to maintain the common open space, formal recreational improvements or engineered improvements, in reasonable order and condition in accordance with the Master Plan or Subarea Master Plan, where applicable, and to the substantially identical quality of construction as what originally existed, the City may serve written notice upon the owner of record setting forth the manner in which the owner of record has failed to maintain the common open space, formal recreational improvements or engineered improvements, in reasonable condition as well as a recommendation about which measures may be undertaken to correct and cure such failure.

f. Failure of Maintenance Organization

In the event that the organization established to own and maintain common open space, formal recreational improvements or engineered improvements, or any successor organization shall at any time after the establishment of the TND fail to maintain the common open space, formal recreational improvements or engineered improvements, in reasonable order and condition in accordance with the adopted Master Plan or Subarea Master Plan, the City Manager or the City Manager’s designee may serve written notice upon such organization and/or the owners or residents of the TND in accordance with 6-721(s)(2)(e)(i). The owner, after receiving notice, shall have thirty (30) days from receipt to correct and cure any deficiencies. If the owner has continued to fail to maintain the common open space, then notice of a public hearing shall be served on the owner and residents and a public hearing shall be held. If, after the public hearing, it is determined that the Association has materially failed to diligently attempt to maintain the common open space, then the City shall have the right to call upon any public or private agency to maintain the common open space for such period of time as is reasonably necessary to rectify the common open space issues caused by failure to maintain, with such time period not to exceed one (1) year. If, after such time period, the City determines after notice to the original organization and a public hearing that the original organization lacks the capability to continue maintenance of common open space, the agency appointed under the provisions of this subsection may continue maintenance for periods not to exceed one (1) year at a time with a review of the original organization’s or any successor organization’s capability to resume maintenance of the common open space. The cost of such maintenance shall be assessed proportionately against the properties within the TND that have a right of enjoyment of the common open space, and shall become a special assessment to the property tax or a lien on said properties. Such lien shall include an administrative fee to compensate the City for staff time which shall not exceed one hundred percent (100%) of the yearly Property Owners Association budget.

g. Assurance Involving the Provision of Common Open Space

The Planning Commission shall require adequate assurance, in a form and manner that it approves, that the common open space, formal recreational improvements or engineered improvements, shown on the Master Plan or Subarea Master Plan will be provided and developed. The following method of assurance is illustrative of the type of assurance which may be required: the City may require a Letter of Credit, corporate surety, or other acceptable financial guarantee in an amount sufficient to construct the common open space improvements shown on the approved Master Plan or Subarea Master Plan and posted at the time the final plat is filed at the register of deeds office.

(t) Carriage, Cottage, Estate, Hillside and Townhome Lot Type Regulations.

The following additional regulations shall apply to Carriage, Cottage, Estate, Hillside and Townhome Lots:

1. Permitted Principal Uses:

The following principal uses are permitted:

a. One-family dwellings.

b. Two-family dwellings, three-family dwellings and four-family dwellings.

2. Permitted Accessory Uses.

a. Any use customarily incidental to the permitted principal use.

b. Automobile parking.

c. Signs, as set forth in the Zoning Ordinance for Residential Districts.

3. Area, Height, Bulk and Placement Regulations:

a. Table II shall establish area, height, bulk and placement regulations for the indicated lot type. Unless indicated, all regulations contained in Table I apply to both principal buildings and outbuildings. Per Section 6-712(c), these regulations may be further limited provided that:

i. Lot widths fall between the established Minimum Lot Width and Maximum Lot Width;

ii. Lot depths fall between the established Minimum Lot Depth and Maximum Lot Depth;

iii. Lot sizes fall between the established Minimum Lot Size and Maximum Lot Size;

iv. Principal building heights fall between the established Minimum Principal Building Height and Maximum Principal Building Height;

v. Outbuilding heights fall between the established Minimum Outbuilding Height and Maximum Outbuilding Height;

vi. Front setbacks fall between the established Minimum Front setback and Maximum Front setback;

vii. Minimum Rear Setbacks, Principal Building and Minimum Rear Setback, Outbuilding are no less than the distances established herein; and

viii. Minimum Side Setbacks are no less than the distances established herein.

b. All lots meeting the definition of “Lot, Corner” established in the Zoning Ordinance shall be permitted a Maximum Lot Width of five (5) feet greater than the distance contained herein or within Attachment A: Lot Requirements.

c. All lots located on cul-de-sacs shall be permitted a minimum lot frontage equal to one-fifth (0.2) times the permitted minimum lot width, but not less than twenty (20) feet, provided that the rear lot line is equal to or greater than the required minimum lot width and that all other regulations herein are met.

d. Porch requirements shall be determined within Attachment A: Lot Requirements.

e. Encroachment of porches and other building elements into the required Front and Rear Setbacks shall be determined within Attachment A: Lot Requirements.