Sec. 656.382. - Required design elements of a TND.

(a) Land use. The entire land area of a TND shall be divided into a neighborhood proper and optional natural or greenbelt areas. (b) Size. Within a TND, the minimum size of the neighborhood proper shall be 40 acres and the maximum size shall not exceed 200 acres. Larger parcels shall be developed as multiple neighborhoods proper, each individually subject to all the provisions. A neighborhood proper may be located adjacent to, but shall not be bisected by, a street functionally classified as an arterial, or higher. (c) Density. The total number of dwelling units cannot exceed the functional land use category in which it is located. 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. (d) Land use allocation. (1) The following uses shall represent the listed percentages of the neighborhood proper: (A) Public use (five percent or five acres minimum, whichever is greater, excluding public and private rights-of-way); (B) Civic use (two percent minimum); (C) Shopfront use lots (two percent minimum, 20 percent maximum) - Town center use (maximum of 50 percent of shopfront use); (D) Rowhouse use lots (20 percent minimum, 50 percent maximum); (E) House use lots (30 percent minimum, 50 percent maximum); (F) Workshop use lots (three percent minimum, seven percent maximum). (2) Similar land use categories shall face across streets. Dissimilar categories may abut at rear lot lines. Public uses and civic uses are considered similar land use categories with all TND use categories. (3) Land use categories of one 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, 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. (4) The land use for corner lots which front on streets of dissimilar use may be designated the more intensive use category. (e) Lots and buildings. (1) All lots shall share a frontage line with a street or square. (2) All buildings shall have their main entrance opening to a street or square (except outbuildings). (3) All uses shall be conducted within completely enclosed buildings, unless otherwise specified herein. (4) Stoops, front porches and handicap ramps may encroach up to ten feet into the front yard setbacks, and shall not count against lot coverage limitations. (5) Colonnades shall have, at the sidewalk, a minimum clear height of ten feet (excluding signage or lighting) and a minimum clear width of eight feet (from frontage line to inside column face). Colonnades shall be constructed 36 inches from the frontage line. Awnings are permitted within the TND district but are not considered colonnades. Colonnades shall not cause roof drainage into the public right-of-way. (6) A maintenance easement must be provided on a lot adjacent to a zero-lot line property. The easement shall be kept clear of structures. This easement shall be shown on the plat and incorporated into each deed transferring title to the dominant and servient property. The wall shall be maintained in its original color and treatment unless otherwise agreed to in writing by the affected lot owners. Roof overhangs may penetrate the easement on the adjacent lot to a maximum of 24 inches, but the roof shall be so designed that water runoff from the dwelling placed on the lot line is limited to the easement area. The easement shall be maintained, unless otherwise agreed to in writing, by the two affected lot owners. (7) Outbuildings may be a maximum of two stories, not to exceed 26 feet in height and have a maximum building footprint of 500 gross square feet. (8) Any wall, fence or hedge built between the frontage line and a point even with the nearest enclosed edge of the house shall not be of a height greater than the streetedge. (9) The maximum perimeter of all blocks within the TND shall not exceed 2,000 feet. No block face shall have a length greater than 800 feet without an alley or pedestrian pathway providing through-access to another street or alley. (f) Streets, alleys and pedestrian pathways. (1) Traffic control signing shall be established for each community to satisfy intersecting street geometries and shall be installed at entrances and other appropriate locations. (2) Streets shall provide access to all lots. (3) All streets, alleys and pedestrian pathways shall connect to other streets within the TND. Except for local street #3, all streets within the TND shall 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. (4) TND streets shall be constructed in accordance with the land development regulations relative to TND projects. A neighborhood proper may be located adjacent to, but shall not be bisected by, a street functionally classified as a minor arterial or higher. (5) Street furniture such as trash containers and bus benches shall be permanently secured to the sidewalk. (6) No sign, awning, lighting, wiring or other object higher than 27 inches from the ground shall extend more than four inches horizontally over any sidewalk from the column, post or wall on which it is mounted, nor shall the sign hang down above the sidewalk unless its bottom edge is at least nine feet above the sidewalk. (7) There shall be a continuous network of alleys to the rear of lots within the neighborhood proper, except as may be provided herein. (8) Alleys may be dedicated to the City as right-of-way, parceled out and owned by a homeowners association, or granted as an easement to the City. In any event, it shall be the responsibility of the homeowner's association to enforce clear passage and prohibit encroachment in the alleys. The cost of maintaining the stabilized surface of the alleys shall be as agreed upon at the time of the passage of the TND. (9) Pedestrian pathways shall be not less than ten feet nor more than 20 feet in width with a minimum pavement width of eight feet. Pedestrian pathways shall provide an unobstructed view, from street to street, no less than ten feet wide. (g) Parking. (1) Parking requirements for on-site parking shall be pursuant to Section 656.604 , Ordinance Code. However, the applicant may reduce the number of spaces required by 25 percent, except in those instances where the use is exclusively residential or town center. (2) On-street parking directly fronting a lot shall count toward fulfilling the parking requirement of that lot. One parking space credit shall be given for every space in front of a lot that is over 50 percent 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 toward their parking requirements. (3) Off-street parking areas shall be located at the rear or at the side of buildings. Streetwalls shall be built on the frontage line of parking areas. (4) Attached and detached single-family units shall each have a minimum of two parking spaces. (5) Size requirements of parking spaces shall be in accordance with Section 656.607 , Ordinance Code. (6) Parking areas and parking garages shall not: (A) Abut street intersections; (B) Be adjacent to squares, parks or civic use lots; or (C) Terminate a street vista. (7) Adjacent parking areas shall have vehicular connections, via an alley. (8) An on-site or common off-site parking area is permitted in shopfront, rowhouse and workshop uses and shall be credited to the required parking for individual uses. (9) Off-street parking requirements may be met through off-site, and/or on-street parking areas within a 600-foot radius of the activity. (h) Landscaping. (1) Street trees should be used as a design element to provide visual identity to the TND and reinforce street hierarchy. Street trees shall be planted along all streets. (2) Spacing between street trees and their placement shall be pursuant to the land development procedures manual. (3) Parking areas with more than six spaces shall be designed pursuant to the provisions of the Landscape Code. (i) Open space. (1) Parks shall be paved for no more than ten percent of their area exclusive of dedicated rights-of-way. They shall be landscaped, and surrounded by building frontage lines whose collective linear footage is equivalent to at least 50 percent of the park perimeter's linear footage. Parks shall have a length-to-width ratio of at least three to one. (2) Plazas shall be limited to parking, landscaping, and permanent architectural and/or water-oriented features. (3) Private open spaces shall be open to the sky except for roofed porches. Atriums, gardens, garden courts, walks, patios, and other similar spaces shall count as private open space. Up to one-third of the private open space area may be a roof terrace. (4) Squares shall include streets on at least three sides. Squares shall be at least 75 percent paved and surrounded by shopfront use lots or rowhouse use lots on at least 60 percent of their perimeter (perimeter being defined as the aggregate of the frontage lines of the surrounding lots). For at least one square, hereinafter referred to as the mandatory square , shopfront uses shall be permitted on all the surrounding lots. Squares shall have a length-to-width ratio of no greater than three to one. (5) A greenbelt area shall be preserved in perpetuity in its natural condition, or enhanced by the owner as for example wetlands, stormwater management facilities, golf courses, or passive recreation. (Ord. 94-607-773, § 1)