Zoneomics Logo
search icon

Austin City Zoning Code

CHAPTER 25

3.- TRADITIONAL NEIGHBORHOOD DISTRICT.

§ 25-3-1 - SCOPE OF CHAPTER.

This chapter regulates the design and development of a traditional neighborhood zoning district.

Source: Section 13-9-1; Ord. 990225-70; Ord. 031211-11.

§ 25-3-2 - PURPOSE AND DESIGN.

(A)

The purpose of a traditional neighborhood district is to encourage mixed-use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. A traditional neighborhood district diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and shopping needs of the residents. A traditional neighborhood district is a sustainable, long-term community that provides economic opportunity and environmental and social equity for the residents.

(B)

A traditional neighborhood district is designed to ensure the development of land as a traditional neighborhood. Its design adopts the urban conventions which were the norm in the United States from colonial times until the 1940's. A traditional neighborhood district is characterized by the following design elements:

(1)

neighborhoods that are limited in size and oriented toward pedestrian activity;

(2)

a variety of housing types, jobs, shopping, services, and public facilities;

(3)

residences, shops, workplaces, and civic buildings interwoven within the neighborhood, all within close proximity;

(4)

a network of interconnecting streets and blocks that maintains respect for the natural landscape;

(5)

natural features and undisturbed areas that are incorporated into the open space of the neighborhood;

(6)

a coordinated transportation system with a hierarchy of appropriately designed facilities for pedestrians, bicycles, public transit, and automotive vehicles;

(7)

well-configured squares, plazas, greens, landscaped streets, preserves, greenbelts, and parks woven into the pattern of the neighborhood and dedicated to the collective social activity, recreation, and visual enjoyment of the populace;

(8)

civic buildings, open spaces, and other visual features that act as landmarks, symbols, and focal points for community identity;

(9)

compatibility of buildings and other improvements as determined by their arrangement, bulk, form, character, and landscaping to establish a livable, harmonious, and diverse environment;

(10)

private buildings that form a consistent, distinct edge and define the border between the public street space and the private block interior; and

(11)

architecture and landscape that respond to the unique character of the region.

Source: Section 13-9-2; Ord. 990225-70; Ord. 031211-11.

§ 25-3-3 - OVERVIEW.

(A)

A traditional neighborhood district consists of an area of not less than 40 contiguous acres and not more than 250 contiguous acres. In this chapter, property is considered contiguous even if separated by a public roadway.

(B)

A traditional neighborhood district is divided into at least two types of Areas, and each type of Area has different land use and site development regulations. A traditional neighborhood district must have one Neighborhood Center Area and at least one Mixed Residential Area. A traditional neighborhood district may also have a Neighborhood Edge Area, a Workshop Area, or an Employment Center Area.

(C)

A Neighborhood Center Area serves as the focal point of a traditional neighborhood district, containing retail, commercial, civic, and public services to meet the daily needs of community residents. A Neighborhood Center is pedestrian-oriented, and it is designed to encourage pedestrian movement between a Mixed Residential Area and a Neighborhood Center Area. A square is required in a Neighborhood Center Area. Retail and commercial uses should generally be located adjacent to a square. Neighborhood Center Area uses include retail shops, restaurants, offices, banks, hotels, post office, governmental offices, churches, community centers, and attached residential dwellings.

(D)

A Mixed Residential Area includes a variety of residential land uses including single-family residential, duplex, townhouse, and multi-family. Residential scale retail and commercial uses are permitted within a Mixed Residential area with strict architectural and land use controls. Retail and commercial uses in a Mixed Residential area are required to blend into the residential character of the neighborhood. A Mixed Residential area includes open spaces including small squares, pocket parks, community parks, and greenbelts. A Mixed Residential Area promotes pedestrian activity through well designed and varied streetscapes that also provide for the safe and efficient movement of vehicular traffic. Mixed Residential Area uses include single-family homes, condominiums, townhouses, apartments, offices, restaurants, neighborhood scale retail, and civic uses.

(E)

A Neighborhood Edge Area is the least dense portion of a traditional neighborhood district, with larger lots and greater setbacks than the rest of the neighborhood. Alleys are not required, and direct vehicular access to the street is permitted. Only single family residential dwellings are permitted. A Neighborhood Edge Area is appropriate along the perimeter of the neighborhood. A portion of a traditional neighborhood district that adjoins existing or platted conventional low density housing must be designated as a Neighborhood Edge Area.

(F)

A traditional neighborhood district may have a Workshop Area, an Employment Center Area, or both. Commercial and light industrial uses that are not appropriate for a Neighborhood Center Area or a Mixed Residential Area but which serve the local residents may be located in a Workshop Area. Large office and low-impact manufacturing uses may be located within an Employment Center Area. The scale and architectural conventions of a traditional neighborhood district apply to a Workshop area and an Employment Center Area.

(G)

Civic uses that are oriented to the general public are permitted in a Neighborhood Center Area and a Mixed Residential Area. These uses are essential components of the social and physical fabric of a traditional neighborhood district. Special attention should be paid to the location of government offices, libraries, museums, schools, churches, and other prominent public buildings to create focal points and landmarks for the community. The locations of these major public civic uses are designated on the Development Plan at the time of zoning approval.

(H)

Open space is a significant part of a traditional neighborhood district design. Formal and informal open spaces are required. These serve as areas for community gatherings, landmarks, and as organizing elements for the neighborhood. Open space includes squares, plazas, greens, preserves, parks, and greenbelts.

(I)

A traditional neighborhood district is designed to be pedestrian oriented. To accomplish this goal, street pattern and design is used to reduce vehicle travel speeds and encourage pedestrian activity. An interconnected network of streets and alleys is required. Streets may be smaller than in conventional development and more varied in size and form to control traffic and give character to the neighborhood.

Source: Section 13-9-3; Ord. 990225-70; Ord. 000309-39; Ord. 031211-11.

§ 25-3-4 - DEFINITIONS.

In this chapter:

(1)

COMMUNITY PARKING FACILITY means an off-site parking lot or garage that provides required parking for some or all of the uses within a Neighborhood Center Area.

(2)

CRITERIA MANUAL means a manual containing administrative rules adopted in accordance with Chapter 1-2 (Adoption of Rules) of the City Code.

(3)

DIRECTOR means the director of the Neighborhood Planning and Zoning Department of the City of Austin.

(4)

FRONTAGE BUILDOUT means the length of a front building facade compared to the length of the front lot line, expressed as a percentage.

(5)

GREEN means an open space available for unstructured recreation, its landscaping consisting of grassy areas and trees.

(6)

GREENBELT means a series of connected open spaces that may follow natural features such as ravines, creeks, or streams.

(7)

MAJOR CIVIC USE includes Administrative and Business Offices use by a governmental entity, College and University Facilities use, Cultural Services use, Postal Facilities use, Private Primary Educational Facilities use, Private Secondary Educational Facilities use, Public Primary Educational Facilities use, Public Secondary Educational Facilities use, Religious Assembly use, Safety Services use, and Transportation Terminal use.

(8)

MAJOR PRIVATE OPEN SPACE IMPROVEMENTS include swimming pools, tennis courts, basketball courts, sports fields, recreation centers, and community meeting halls.

(9)

OPEN SPACE includes squares, plazas, greens, preserves, parks, and greenbelts.

(10)

PARK means an open space, available for recreation, its landscape consisting of paved paths and trails, some open lawn, trees, open shelters, or recreational facilities.

(11)

PLAZA means open space at the intersection of important streets, set aside for civic purposes and commercial activity, including parking, its landscape consisting of durable pavement and formal tree plantings.

(12)

PRESERVE means open space that preserves or protects endangered species, a critical environmental feature, or other natural feature.

(13)

PRIVATE OPEN SPACE means open space that is owned and maintained by a Property Owners' Association or an individual property owner.

(14)

PUBLIC OPEN SPACE means open space that is owned and maintained by the City.

(15)

SIDE YARD HOUSE means a dwelling built adjacent to an interior side lot line with a yard adjacent to the opposite side lot line.

(16)

SQUARE means open space that may encompass an entire block, is located at the intersection of important streets, and is set aside for civic purposes, with landscape consisting of paved walks, lawns, trees, and civic buildings.

(17)

STREETSCAPE means the area within a street right of way that contains sidewalks, street furniture, landscaping, or trees.

Source: Section 13-9-4; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

§ 25-3-5 - LAND DEVELOPMENT CODE APPLICABILITY.

(A)

The Land Development Code applies to a traditional neighborhood district and development within it unless this chapter expressly provides otherwise.

(B)

The requirements of this chapter supersede any inconsistent provisions of the City Code or other ordinance.

(C)

The following provisions of the Land Development Code do not apply to a traditional neighborhood district or development within it:

(1)

Chapter 25-2, Subchapter B, Article 2, Division 2 (Conditional Overlay Combining Districts), Division 4 (Neighborhood Conservation Combining District), Division 5 (Planned Unit Developments), and Division 6 (Planned Development Areas; Mixed Use Combining Districts);

(2)

Chapter 25-2, Subchapter C, Article 3, Division 5 (Combining and Overlay Districts);

(3)

Chapter 25-2, Subchapter C, Article 10 (Compatibility Standards);

(4)

Section 25-2-773 (Duplex, Two-Unit and Three-Unit Residential Uses);

(5)

Section 25-2-775 (Townhouses);

(6)

Section 25-2-776 (Condominium Residential Use);

(7)

Section 25-2-894 (Accessory Uses for a Principal Commercial Use);

(8)

Section 25-2-901 (Accessory Apartments);

(9)

Chapter 25-4, Article 3 (Platting Requirements), except for Section 25-4-134 (Hazardous Pipelines);

(10)

Chapter 25-5 (Site Plans);

(11)

Chapter 25-6, Article 4, Division 2 (Roadways in Water Supply Rural Watersheds or Water Supply Suburban Watersheds);

(12)

Chapter 25-6, Article 7 (Off-Street Parking and Loading); and

(13)

Section 25-6-171 (Standards for Design and Construction).

Source: Section 13-9-5; Ord. 990225-70; Ord. 030410-12; Ord. 031211-11; Ord. No. Ord. No. 20231207-001, Pt. 18, 12-18-23.

§ 25-3-6 - LIMITED TO FULL PURPOSE LIMITS.

Only property in the full purpose limits of the city may be designated as a traditional neighborhood zoning district.

Source: Ord. 031211-42.

§ 25-3-21 - ZONING PROCEDURE.

A traditional neighborhood district is a zoning district that is created in the same manner as other zoning districts. The procedures in Chapter 25-2, Subchapter B (Zoning Procedures; Special Requirements for Certain Districts) apply to a traditional neighborhood zoning district. Additional requirements are described in this article.

Source: Section 13-9-11; Ord. 990225-70; Ord. 031211-11.

§ 25-3-22 - PRESUBMITTAL MEETING.

An application for zoning or rezoning to a traditional neighborhood district may not be accepted for filing before the applicant meets with the director or the director's designee in a presubmittal meeting. The purpose of the meeting is to acquaint the city staff with the proposed development, provide the applicant with preliminary staff comments, and identify major concerns or the need for additional data. Discussion topics at the meeting must include transportation, the environment, drainage, land use, and design concepts.

Source: Section 13-9-12; Ord. 990225-70; Ord. 031211-11.

§ 25-3-23 - DEVELOPMENT PLAN REQUIRED.

An applicant for a traditional neighborhood district shall prepare a Development Plan as part of the zoning application. The Development Plan must contain the following information:

(1)

locations and sizes of the Neighborhood Center Area, Mixed Residential Area, and, if applicable, Neighborhood Edge Area, Workshop Area, and Employment Center Area;

(2)

locations of major civic uses;

(3)

locations of commercial uses in Mixed Residential Areas;

(4)

layout of the transportation network for all modes of travel;

(5)

locations and sizes of private open space and public open space;

(6)

locations and descriptions of proposed major private open space improvements;

(7)

a construction phasing plan for major private open space improvements, if needed;

(8)

locations and types of drainage and water quality controls;

(9)

locations and types of environmentally sensitive areas, including critical environmental features, critical water quality zones, and water quality transition zones;

(10)

a tree protection plan, including an aerial photograph, that demonstrates that the design of the traditional neighborhood district will result in the reasonable preservation of protected trees and significant tree clusters;

(11)

the 100-year floodplain, as calculated to exist under fully developed conditions in accordance with the Drainage Criteria Manual;

(12)

the locations of major utility facilities and easements that are within or immediately adjacent to the proposed traditional neighborhood district;

(13)

preliminary architectural standards that are consistent with the architectural objectives of this chapter; and

(14)

all additional information required by the director to demonstrate compliance with the traditional neighborhood district concept.

Source: Section 13-9-13; Ord. 990225-70; Ord. 031211-11.

§ 25-3-24 - ADOPTION OF DEVELOPMENT PLAN.

The Development Plan for the traditional neighborhood district shall be included in the ordinance zoning or rezoning the land as a traditional neighborhood district.

Source: Section 13-9-14; Ord. 990225-70; Ord. 031211-11.

§ 25-3-25 - REVISIONS TO DEVELOPMENT PLAN.

(A)

A minor revision to a Development Plan may not be made to an area that is part of a final plat. The director may administratively approve minor revisions to a Development Plan if the director determines that there are no adverse effects on areas that are part of a final plat. The following are minor revisions:

(1)

The location of a Neighborhood Center Area, a Mixed Residential, a Neighborhood Edge Area, a Workshop Area, or an Employment Center Area may be revised if the director determines that (a) the basic layout of the traditional neighborhood district remains the same, and (b) the district functions as well as before the revision.

(2)

The size of a Neighborhood Center Area, a Mixed Residential, a Neighborhood Edge Area, a Workshop Area, or an Employment Center Area may be revised if the size is increased or decreased by not more than 10 percent, and the director determines that (a) the basic layout of the traditional neighborhood district remains the same, and (b) the district functions as well as before the revision.

(3)

The location of a major civic use may be revised if the director determines that (a) the revised location is appropriate, and (b) the transportation network, the infrastructure, and the overall land use mix are not adversely affected. The director may not approve a revision that includes the addition of a major civic use within 200 feet of an area that is part of a final plat in a Mixed Residential Area or Neighborhood Edge Area.

(4)

The location of a commercial use in a Mixed Residential Area may be revised if the director determines that the revised location is appropriate.

(5)

The layout of a transportation network may be revised if the director determines that (a) the basic layout remains the same, and (b) the revised layout functions as well as the previous layout.

(6)

The location or size of a private open space may be revised if the overall amount of private open space acreage does not decrease, and the director determines that the quality and functionality of the revised private open space is the same or better. The director may not approve a revision that includes the deletion of a private open space within 200 feet of an area that is part of a final plat in a Mixed Residential Area or Neighborhood Edge Area.

(7)

The location or size of a public open space may be revised if the overall amount of public open space acreage does not decrease, and the director determines that the quality and functionality of the revised public open space is the same or better. The director may not approve a revision that includes the deletion of a public open space within 200 feet of an area that is part of a final plat in a Mixed Residential Area or Neighborhood Edge Area. The location or size of a public open space may not be revised without the approval of the director of the Parks and Recreation Department.

(8)

The location or description of a major private open space improvement may be revised if the director determines that the revised improvement is as beneficial to the residents as the previous improvement.

(9)

A construction phasing plan for major private open space improvements may be revised to extend a deadline by not more than 18 months.

(10)

The location or type of a drainage or water quality control may be revised if the director determines that (a) the basic layout of the traditional neighborhood district remains the same, and (b) the revised location or type of control functions as well as the previous location or type of control.

(11)

The location or type of an environmentally sensitive area may be revised if the director determines that the revision more accurately describes the location or type of an environmentally sensitive area.

(12)

A tree protection plan may be revised if the director determines that the revised plan provides the same or more protection for trees overall.

(13)

The location of a 100 year floodplain may be revised if the director determines that the revision more accurately describes the location of the floodplain.

(14)

The locations of major utility facilities and easements may be revised if the director determines that the revised locations are more appropriate or functional.

(15)

A preliminary architectural standard may be revised if the director determines that the revised standard is consistent with the architectural character of the traditional neighborhood district.

(B)

All revisions other than those described in Subsection (A) are major revisions. Major revisions must be approved by the city council through a rezoning of the property.

Source: Section 13-9-15; Ord. 990225-70; Ord. 031211-11.

§ 25-3-26 - REGULATION MODIFICATION BY CITY COUNCIL.

The city council may, at the time a traditional neighborhood district is created, modify the permitted uses or the site development regulations set forth in this chapter. The modifications must be included in the ordinance zoning or rezoning the property. Modifications may be permitted only if justified by exceptional circumstances and must be consistent with the character of the traditional neighborhood district.

Source: Section 13-9-16; Ord. 990225-70; Ord. 031211-11.

§ 25-3-27 - WORKSHOP AREA AND EMPLOYMENT CENTER AREA USES.

(A)

The specific land uses for a Workshop Area or an Employment Center Area must be proposed by the applicant, approved by the city council, and included in the ordinance zoning or rezoning the property. Those land uses must be consistent with this section.

(B)

A Workshop Area is for commercial and light industrial uses that are not appropriate for a Neighborhood Center Area or Mixed Residential Area but which serve the local residents.

(C)

An Employment Center Area is for large office and low-impact manufacturing uses.

Source: Section 13-9-17; Ord. 990225-70; Ord. 031211-11.

§ 25-3-28 - NEIGHBORHOOD EDGE AREA USES.

(A)

Single family residential use is permitted in a Neighborhood Edge Area.

(B)

A major civic use is permitted in a Neighborhood Edge Area if shown on the Development Plan.

(C)

All other uses are prohibited in a Neighborhood Edge Area.

Source: Section 13-9-18; Ord. 990225-70; Ord. 031211-11.

§ 25-3-29 - NEIGHBORHOOD CENTER AREA AND MIXED RESIDENTIAL AREA USES.

The table below lists the permitted uses within a Neighborhood Center Area and a Mixed Residential Area of a traditional neighborhood district. "MRA" means Mixed Residential Area, "NCA" means Neighborhood Center area, "P" means that a use is permitted, "P*" means that a use is permitted but subject to Section 25-3-105 (Additional Regulations For Neighborhood Center Area), and "X" means that a use is not permitted. Uses not listed in the table are not permitted.

TABLE OF PERMITTED USES
Residential UsesMRANCA
Condominiums P P*
Duplex Residential P X
Group Residential P P*
Lodging House Residential P P*
Multi-Family Residential P P*
Retirement Housing (Large Site) X P*
Retirement Housing (Small Site) P P*
Single Family Residential P X
Townhouse Residential P P*
Commercial UsesMRANCA
Administrative & Business Office P P
Art Gallery P P
Art Workshop X P
Automotive Rentals X P*
Automotive Repair Services X P*
Building Maintenance Services X P
Business or Trade School X P
Business Support Services X P
Cocktail Lounge P P
Commercial Blood Plasma Center X P
Commercial Off-Street Parking X P*
Communications Services X P
Consumer Convenience Services P P
Consumer Repair Services P P
Drop-off Recycling Collection Facility X P
Electronic Prototype Assembly X P
Exterminating Services X P
Financial Services X P
Food Preparation X P
Food Sales P P
General Retail Sales (Convenience) P P
General Retail Sales (General) X P
Hotel-Motel X P
Indoor Entertainment X P
Indoor Sports & Recreation X P
Kennels X P*
Liquor Sales X P
Medical Offices P P
Off-site Accessory Parking X P
Outdoor Sports & Recreation P P
Pawn Shop Services X P
Personal Improvement Services P P
Personal Services P P
Pet Services P P
Printing and Publishing X P
Professional Office P P
Research Assembly Services X P
Restaurant (General) P P
Restaurant (Limited) P P
Service Station X P*
Software Development P P
Theater X P
Industrial UsesMRANCA
Custom Manufacturing X P
Civic UsesMRANCA
Club or Lodge P P
College & University Facilities X P
Communication Service Facilities P P
Community Recreation (Private) P P
Community Recreation (Public) P P
Congregate Living X P
Convalescent Services X P
Cultural Services P P
Day Care Services (Commercial) X P
Day Care Services (General) P P
Day Care Services (Limited) P P
Family Home P P
Group Home, Class I (General) P P
Group Home, Class I (Limited) P P
Group Home, Class II P P
Guidance Services X P
Hospital Services (Limited) X P
Local Utility Services P P
Major Utility Facilities P P
Park & Recreation Services (General) P P
Park & Recreation Services (Special) P P
Postal Facilities X P
Private Primary Educational Facilities P P
Private Secondary Educational Facilities P P
Public Primary Educational Facilities P P
Public Secondary Educational Facilities P P
Religious Assembly P P
Safety Services P P
Telecommunications Tower X P*
Transportation Terminal X P

 

Source: Section 13-9-19; Ord. 990225-70; Ord. 031211-11; Ord. 031211-41; Ord. 040617-Z-1.

§ 25-3-51 - SUBDIVISION PROCEDURE.

The subdivision procedures in Chapter 25-4 (Subdivision) apply to the traditional neighborhood district, except as follows:

(1)

All property within a traditional neighborhood district must be subdivided under this chapter. A previously approved final subdivision plat must be vacated, and a previously approved preliminary subdivision plan must be withdrawn.

(2)

The traditional neighborhood district shall be on one preliminary subdivision plan.

(3)

An open space area shall be included in the final subdivision plat of adjacent property. All open space areas must be platted as separate open space lots.

(4)

A final subdivision plat may not be approved unless there has been compliance with the provisions of this chapter relating to a Property Owners' Association, Architectural Standards, Land Use Allocations, Drainage, and Water Quality.

(5)

A final subdivision plat for more than 50 percent of the land area covered by the preliminary subdivision plan may not be approved until construction of the community meeting hall has begun. Once begun, the construction of the community meeting hall must be diligently pursued to completion.

(6)

Improvements to private open spaces, except those included in a construction phasing plan for major private open space improvements, shall be constructed by the subdivider as part of the subdivision infrastructure.

Source: Section 13-9-31; Ord. 990225-70; Ord. 031211-11.

§ 25-3-52 - SUBDIVISION LAYOUT REQUIREMENTS.

(A)

Street monuments and property markers.

(1)

Property pins or other forms of permanent markers identified in the most recent edition of the Manual of Practice for Land Surveying in Texas, published by the Texas Society of Professional Surveyors, shall be placed by the surveyor at all corners of boundary lines of a subdivision. Pins and markers may not be spaced more than 1,300 feet apart. One corner of the subdivision shall be identified by a concrete monument unless a concrete monument exists on an adjacent platted subdivision within 1,300 feet of the proposed plat.

(2)

If a concrete monument exists on an adjacent platted subdivision within 1,300 feet of the proposed plat, no concrete monuments are required for the proposed plat. In that instance, boundary corners may be set with permanent markers identified in the most recent edition of Manual of Practice for Land Surveying in Texas.

(3)

Intermediate property corners, curve points, and angle points shall be marked by iron stakes.

(B)

Easements for public utilities and enclosed or open drainage ways shall be retained in all subdivisions in the widths and locations deemed necessary by the director. To the extent practicable, the easements for water lines, wastewater lines, and storm sewers shall be located in the street rights-of-way, and the easements for all other utilities shall be located in the alley rights-of-way. All the easements shall be dedicated to public use for the named purpose and shall be aligned to minimize construction cost.

(C)

Utilities shall be located underground unless this requirement is, for good cause, waived by the director, and, if applicable, the director of the Electric Utility Department.

(D)

When the director finds that easements in areas adjoining a proposed subdivision are necessary to provide adequate drainage or to serve the subdivision with utilities, the subdivider shall obtain the easements or make arrangements with the City to obtain them.

(E)

Streets of new subdivisions shall be aligned with existing streets on adjoining property unless the Land Use Commission determines that the Comprehensive Plan, topography, requirements of traffic circulation, or other considerations make it desirable to depart from the alignment.

(F)

Each lot in a subdivision, except a lot that fronts on a plaza and abuts an alley, shall abut a dedicated public street.

(G)

Except in a Neighborhood Edge Area, each lot in a subdivision shall abut an alley unless the director determines that good cause exists to omit an alley or portion of an alley.

(H)

An interconnected network of streets is required unless the director determines that good cause exists to require a different street pattern.

(I)

Streets, alleys, and pedestrian paths shall be designed and constructed in accordance with this chapter, the Traditional Neighborhood District Criteria Manual, the Standards Criteria Manual, and the Standard Specifications Criteria Manual.

(J)

New streets in subdivisions shall be named to provide continuity of name with existing streets and to prevent conflict with identical or similarly spelled or pronounced names in other parts of the city's planning jurisdiction.

(K)

Street intersections, whether public or private streets, shall be designed in accordance with the provisions of the Traditional Neighborhood District Criteria Manual and the Transportation Criteria Manual.

(L)

Dead-end streets are prohibited unless the director determines that the most desirable plan requires laying out a dead-end street. A dead-end street shall terminate in a courtyard designed in accordance with the Traditional Neighborhood District Criteria Manual, unless the director determines that topography, density, adequate circulation, or other unusual conditions require a deviation from the design criteria in the Traditional Neighborhood District Criteria Manual.

(M)

The side lines of lots in subdivisions shall be approximately at right angles to straight street lines or radial to curved street lines. An arrangement placing adjacent lots at right angles to each other shall be avoided.

(N)

Block length may not exceed 600 feet. Block width may not exceed 300 feet. The director may approve a block width of not more than 400 feet or a block length of not more than 1000 feet if required because of topography or existing street layout, but a block longer than 800 feet must be traversed by a pedestrian path near the midpoint.

(O)

Minimum lot size, maximum lot size, and minimum lot width are specified in the site development regulations contained in this chapter for a Neighborhood Center Area, a Mixed Residential Area, a Neighborhood Edge Area, a Workshop Area, and an Employment Center Area. Open space lots must comply with the dimensional requirements of this chapter.

(P)

Townhouse lots may be created where each townhouse lot is to be served by a public sewage system, subject to the following conditions in addition to those applicable to all other subdivisions:

(1)

All common areas shall be clearly identified on the plat and adequate provisions made for maintenance and taxation.

(2)

There may be not less than two and not more than eight units in a townhouse group.

(3)

Not more than one townhouse may be located on a lot.

(4)

A legal opinion by an attorney licensed to practice law in the state, accurately describing and defining the rights and duties of the owners, the legal status of common areas and facilities, and provisions for taxation and maintenance of the common areas, must accompany each subdivision with townhouse lots.

Source: Section 13-9-32; Ord. 990225-70; Ord. 010607-8; Ord. 031211-11.

§ 25-3-71 - APPLICABLE TO ALL DEVELOPMENT.

This article applies to the design and development of a traditional neighborhood district.

Source: Section 13-9-41; Ord. 990225-70; Ord. 031211-11.

§ 25-3-72 - PROPERTY OWNERS' ASSOCIATION.

(A)

Conditions, Covenants, and Restrictions for all the property within a traditional neighborhood district must be filed in the county real property records by the owner before a final subdivision plat may be approved, a lot sold, or a building permit issued.

(B)

Conditions, Covenants, and Restrictions must be approved by the city attorney, and they must:

(1)

create a Property Owners' Association with mandatory membership for each property owner;

(2)

establish architectural standards that are in conformity with the requirements of this chapter;

(3)

create an Architectural Control Committee to review development for compliance with the architectural standards and issue certificates of approval;

(4)

provide for the ownership, development, management, and maintenance of private open space (except plazas owned by individual property owners), community parking facilities, community meeting hall, and other common areas;

(5)

provide for the maintenance of the landscaping and trees within the streetscape;

(6)

require the collection of assessments from members in an amount sufficient to pay for its functions;

(7)

be effective for a term of not less than 50 years;

(8)

require that the Property Owners' Association obtain the approval of the director regarding the disposition and management of private open space, community parking facilities, community meeting hall, and other common areas before it may be dissolved; and

(9)

require that the Property Owners' Association obtain the approval of the director for amendments to the Conditions, Covenants, and Restrictions which relate to provisions required by this chapter.

Source: Section 13-9-42; Ord. 990225-70; Ord. 031211-11.

§ 25-3-73 - COMMUNITY MEETING HALL.

(A)

A community meeting hall for the use of the neighborhood residents is required. The community meeting hall is a civic use.

(B)

A community meeting hall must be located so that it is easily accessible to the residents. It may be placed in a square, park, or other suitable open space location.

(C)

The minimum size of a community meeting hall is 2,000 square feet. A community meeting hall must be large enough to meet the needs of the neighborhood residents.

Source: Section 13-9-43; Ord. 990225-70; Ord. 031211-11.

§ 25-3-74 - ARCHITECTURAL STANDARDS.

(A)

The Conditions, Covenants, and Restrictions shall establish architectural standards for the property within a traditional neighborhood district. The standards must comply with this section.

(B)

The architectural standards must achieve the following objectives:

(1)

architectural compatibility;

(2)

human scale design;

(3)

integration of uses;

(4)

encouragement of pedestrian activity;

(5)

buildings that relate to and are oriented toward the street and surrounding buildings;

(6)

residential scale buildings in Mixed Residential Areas;

(7)

buildings that contain special architectural features to signify entrances to the Neighborhood Center Area and important street intersections; and

(8)

Neighborhood Center Area buildings that focus activity on the neighborhood square.

(C)

The director may adopt guidelines for architectural standards for inclusion in the Traditional Neighborhood District Criteria Manual.

Source: Section 13-9-44; Ord. 990225-70; Ord. 031211-11.

§ 25-3-75 - LAND USE ALLOCATIONS.

(A)

Each lot within a traditional neighborhood district must be allocated to a particular land use category.

(B)

The amounts of land that must be allocated to particular land use categories, excluding streets, alleys, open spaces, drainage controls, and water quality controls, are as follows:

(1)

For a Neighborhood Center Area:

(a)

Townhouse, condominium, and multi-family uses shall be allocated not less than 20 percent of the land area.

(b)

Commercial uses shall be allocated not less than 20 percent of the land area.

(c)

Civic use shall be allocated not less than five percent of the land area, or one-half acre, whichever is greater. In a traditional neighborhood district of 100 acres or less, the provision of a community meeting hall in the Neighborhood Center satisfies the civic use allocation even if less than one-half acre is used.

(2)

For a Mixed Residential Area:

(a)

Single family residential use shall be allocated not less than 50 percent and not more than 80 percent of the land area.

(b)

Duplex use shall be allocated not more than 10 percent of the land area.

(c)

Townhouse, condominium, and multi-family uses shall be allocated not less than 10 percent of the land area.

(d)

Commercial uses shall be allocated not less than one percent and not more than two percent of the land area.

(e)

Civic uses shall be allocated not less than two percent of the land area.

(C)

A preliminary subdivision plan may not be approved until the director approves a Land Use Allocation Map, submitted by the owner, that allocates a particular land use category to each lot on the preliminary subdivision plan.

(D)

Development and use shall comply with the Land Use Allocation Map.

(E)

The director may approve a revision to a Land Use Allocation Map if the director finds that (a) the revised land uses are appropriate, and (b) the revision does not adversely affect land owners within 200 feet of the boundary line of a revised area.

(F)

A Land Use Allocation Map and the land use allocations required by this section are effective for a period of 50 years after the date the map is first approved by the director.

Source: Section 13-9-45; Ord. 990225-70; Ord. 031211-11.

§ 25-3-76 - OPEN SPACE.

The following open space requirements apply within a traditional neighborhood district:

(1)

Not less than 20 percent of the gross land area of the traditional neighborhood district must be open space.

(2)

Public open space shall conform to the plans, goals, and standards of the Parks and Recreation Department and must be approved by the director of the Parks and Recreation Department.

(3)

The Parks and Recreation Department shall be consulted regarding the locations and types of private open space.

(4)

The portions of drainage and water quality facilities that are usable by the public for recreational purposes, as determined by the director, may be designated as parks or greenbelts.

(5)

At least one square shall be located in the Neighborhood Center Area. The required square shall be at least one-half acre in size in a traditional neighborhood district of 100 acres or less, and the required square shall be at least one acre in size in a traditional neighborhood district that is larger than 100 acres.

(6)

A square must adjoin streets along at least 75 percent of its perimeter.

(7)

A plaza must adjoin building lots along at least 50 percent of its perimeter.

(8)

At least one green that is not less than one acre in size must be located within 600 feet of the geographic center of the traditional neighborhood district.

(9)

A park may be not less than 10,000 square feet in size.

(10)

A greenbelt may not be located behind dwellings. The director may permit exceptions where topography, existing street layout, or other good reasons that make this restriction impractical. If a greenbelt is located behind dwellings, access shall be provided in accordance with the Traditional Neighborhood Criteria Manual standards.

(11)

A greenbelt must have an average width of not less than 200 feet. A greenbelt may be not less than 50 feet wide. Not more than 10 percent of the uninterrupted length of a greenbelt may be the minimum 50 feet width. A greenbelt must have not less than 25 percent of its boundary abutting a street.

(12)

At least 90 percent of the lots in a Mixed Residential Area must be within 600 feet of a square, plaza, green, or park.

Source: Section 13-9-46; Ord. 990225-70; Ord. 031211-11.

§ 25-3-77 - PARKLAND DEDICATION.

The parkland dedication provisions of Chapter 25-4, Article 3, Division 5 (Parkland Dedication) apply to a traditional neighborhood district, except as follows:

(1)

The amount of land required to be dedicated for parkland is 25 percent of the open space in a traditional neighborhood district. The formula in Section 25-1-602 (Dedication Of Parkland Required) does not apply.

(2)

At the time of zoning, the director of the Parks and Recreation Department shall require one of the following:

(a)

dedication by the subdivider of all or part of the required amount of parkland;

(b)

payment in lieu of dedicated parkland by the subdivider;

(c)

general public access on up to 25 percent of the open space; or

(d)

a combination of (a), (b), and (c), not to exceed the equivalent of 25 percent of the open space.

(3)

Land to be dedicated as parkland or to which there will be general public access shall be shown on the Development Plan.

(4)

The director of the Parks and Recreation Department shall calculate a parkland fee at the time of zoning, and shall apportion a parkland fee by acreage to each final subdivision plat. A subdivider shall pay a parkland fee, if required, before a final subdivision plat may be approved.

(5)

The owner of a tract of land that has been designated for general public access may make and enforce reasonable regulations that are similar to City park regulations.

Source: Section 13-9-47; Ord. 990225-70; Ord. 031211-11.

§ 25-3-78 - DRAINAGE.

(A)

The drainage provisions of the Land Development Code apply to development in a traditional neighborhood district, except as provided in this section.

(B)

Drainage planning and engineering for a traditional neighborhood district shall be for the district as a whole.

(C)

In designing drainage facilities, impervious cover calculations shall assume maximum impervious cover for each lot within the traditional neighborhood district.

(D)

Drainage facilities shall be privately owned, with easements granted to the City, and maintained for functionality by the City, unless other arrangements are made with the director of the Watershed Protection and Development Review Department.

(E)

A final plat may not be approved unless a drainage master plan for the entire traditional neighborhood district has been approved by the director of the Watershed Protection and Development Review Department. A final plat may not be approved unless adequate drainage facilities are provided for all property within the plat.

Source: Section 13-9-48; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

§ 25-3-79 - WATER QUALITY.

(A)

The water quality provisions of the Land Development Code apply to development in a traditional neighborhood district, except as provided in this section.

(B)

Water quality planning and engineering for a traditional neighborhood district shall be for the district as a whole.

(C)

Allowable impervious cover is calculated in accordance with this subsection.

(1)

In calculating water quality related development intensities, the term "site" shall include all property within a traditional neighborhood district.

(2)

In calculating water quality development intensities, a traditional neighborhood district is classified as "commercial development".

(3)

Impervious cover calculations shall assume the maximum impervious cover allowable for each lot within a traditional neighborhood district.

(D)

Impervious cover limits in a traditional neighborhood district are as follows:

(1)

Overall impervious cover for a traditional neighborhood district is limited to 65 percent of net site area or the amount permitted in the watershed, whichever is less.

(2)

A Neighborhood Center Area lot, except an open space lot, is limited to impervious cover of not more than 90 percent of gross site area.

(3)

A Mixed Residential Area lot, except a commercial lot or an open space lot, is limited to impervious cover of not more than 65 percent of gross site area. A commercial lot is limited to impervious cover of not more than 90 percent of gross site area.

(4)

A Neighborhood Edge Area lot, except an open space lot, is limited to impervious cover of not more than 65 percent of gross site area.

(5)

A Workshop Area lot or Employment Center Area lot, except an open space lot, is limited to impervious cover of not more than 80 percent of gross site area.

(6)

Open space impervious cover limits are as follows:

(a)

An open space lot that is a plaza or square is limited to impervious cover of not more than 90 percent of gross site area.

(b)

Greenbelts, preserves, parks, and greens are limited to impervious cover of not more than 10 percent of gross site area overall.

(c)

A greenbelt, preserve, park, or green may be restricted by the owner to impervious cover of less than 10 percent of the gross site area. The restricted amount shall be used for impervious cover calculations.

(d)

Impervious coverage for greenbelts, preserves, parks, and greens classified as public open space shall be calculated and enforced separately from those classified as private open space.

(E)

Water quality control facilities shall be privately owned, with easements granted to the City, and maintained for functionality by the City, unless other arrangements are made with the director of the Watershed Protection and Development Review Department.

(F)

A final plat may not be approved unless a water quality master plan for the entire traditional neighborhood district has been approved by the director of the Watershed Protection and Development Review Department. A final plat may not be approved unless adequate water quality control facilities are provided for all property within the plat.

(G)

Development on a lot may not exceed the impervious cover limit set forth in this section. A building or construction permit may not be issued for development that exceeds the limit.

Source: Section 13-9-49; Ord. 990225-70; Ord. 010329-18; Ord. 031211-11.

§ 25-3-80 - LANDSCAPING.

The landscaping requirements of Chapter 25-2, Subchapter C, Article 9 (Landscaping) apply to development within a traditional neighborhood district, except as follows:

(1)

A street yard 1,000 square feet or less in size is not required to be landscaped.

(2)

A parking area with 12 motor vehicle parking spaces or less is not required to have landscaped islands, peninsulas, or medians.

Source: Section 13-9-50; Ord. 990225-70; Ord. 031211-11.

§ 25-3-81 - ROADWAY DESIGN.

(A)

The roadway designs used within the different areas of the traditional neighborhood district may vary depending on the proposed function of the roadway, the anticipated adjacent land uses, and the anticipated traffic load. The City encourages the use of a variety of designs to lend character to the neighborhood.

(B)

Roadway designs that may be used in a traditional neighborhood district are in the Traditional Neighborhood District Criteria Manual.

(C)

The director may approve the use of innovative roadway designs that are not listed in the Traditional Neighborhood District Criteria Manual.

Source: Section 13-9-51; Ord. 990225-70; Ord. 031211-11.

§ 25-3-82 - VEHICULAR ACCESS.

(A)

Direct vehicular access from a lot to an alley in the traditional neighborhood district is permitted and preferred. Direct vehicular access from a lot to a street is not permitted, except as provided in this section.

(B)

Exceptions.

(1)

Direct vehicular access from a lot to a street is permitted in a Neighborhood Edge Area or if a lot does not abut an alley.

(2)

The director may grant vehicular access from a lot to a street if the director determines it is warranted by exceptional circumstances.

(C)

If adjacent lots have direct vehicular access to a street, the director may require that the access be through a common or joint driveway.

Source: Section 13-9-52; Ord. 990225-70; Ord. 031211-11.

§ 25-3-83 - PARKING.

(A)

The following parking regulations apply in a traditional neighborhood district:

(1)

A parking lot or garage may not be adjacent to a square or adjacent to or opposite a street intersection.

(2)

A parking lot shall be located at the rear or side of a building. If located at the side, screening shall be provided at the lot line by landscaping or decorative walls or fences.

(3)

Compact parking spaces are prohibited.

(4)

There is no off-street loading requirement for a building with less than 10,000 square feet of gross building area. The director shall determine the location, number, and dimensions of the off-street loading for a larger building.

(5)

Except as approved by the director, parking in alleys is prohibited.

(6)

There are no minimum parking requirements for motor vehicles, except for accessible space parking. The required minimum number of accessible spaces is determined by the requirements of Section 25-6-471 (Off-Street Parking) and Section 25-6-474 (Parking Facilities for Persons with Disabilities).

(7)

A commercial use parking lot or garage must provide not less than one bicycle parking space for every 10 motor vehicle parking spaces.

(B)

In a Neighborhood Center Area, not more than 125 percent of the parking previously required in Appendix A (Tables of Off-Street Loading Requirements and Former Off-Street Parking Requirements) to Chapter 25-6 (Transportation) may be provided on-site.

Source: Section 13-9-53; Ord. 990225-70; Ord. 031211-11; Ord. No. 20231102-028, Pt. 34, 11-13-23.

§ 25-3-84 - PARKING AREA DESIGN AND CONSTRUCTION STANDARDS.

(A)

Parking and loading facilities, circulation areas, and queue lines must comply with the design and construction standards in this section and the Traditional Neighborhood District Criteria Manual.

(B)

Surfacing, curbing, and drainage improvements on all parking and loading facilities must preclude the free flow of water onto adjacent properties, public streets, or alleys and provide adequate drainage.

(C)

Areas used for primary circulation, for frequent idling of vehicle engines, or for loading activities shall be designed and located to minimize impacts on adjoining properties, including provisions for screening or baffling.

(D)

All parking and loading facilities shall be maintained to assure desirability and usefulness of the facility. The facilities shall be maintained free of refuse, debris, or other accumulated matter and shall at all times be available for the off-street parking or loading for which they are required or intended.

Source: Section 13-9-54; Ord. 990225-70; Ord. 031211-11.

§ 25-3-85 - SIGNS.

Signs are regulated by Chapter 25-10 (Sign Regulations).

Source: Section 13-9-55; Ord. 990225-70; Ord. 031211-11.

§ 25-3-86 - COMPATIBILITY STANDARDS.

(A)

Except for lighting in a public right of way, all exterior lighting must be hooded or shielded so that the light source is not directly visible from adjacent properties. Exterior lighting may not exceed 0.4 foot candles across the source property line.

(B)

The noise level of mechanical equipment may not exceed 70 decibels at the property line.

(C)

The use of highly reflective surfaces, including reflective glass and reflective metal roofs with a pitch of more than a run of seven to a rise of 12, is prohibited. This prohibition does not apply to solar panels and copper or painted metal roofs.

(D)

Dumpsters and permanently placed refuse receptacles must be located at least 20 feet from adjacent residential uses. The location of and access to dumpsters or any other refuse receptacles must comply with the Transportation Criteria Manual.

(E)

Commercial, multi-family, and condominium uses must be screened in accordance with this subsection. Yards, fences, vegetative screening, or berms shall be provided to screen off-street parking areas, mechanical equipment, storage areas, and areas for refuse collection. If fences are used for screening, the height may not exceed six feet unless otherwise permitted in the Land Development Code. The property owner is responsible for the upkeep and maintenance of fences, berms, and vegetative screening.

Source: Section 13-9-56; Ord. 990225-70; Ord. 031211-11.

§ 25-3-87 - ADDITIONAL REGULATIONS FOR ALL DEVELOPMENT.

(A)

A principal building must have its main entrance from a street or plaza.

(B)

Development must comply with the Greenbuilder provisions of the Traditional Neighborhood District Criteria Manual.

(C)

Drive-through facilities and other facilities that allow people to remain in vehicles while receiving products or services are prohibited. This prohibition does not apply to the fueling facilities of a service station.

(D)

A residential use may be located above the first floor of a commercial building.

(E)

A stoop, open porch, or balcony may extend into the front setback not more than five feet.

(F)

A townhouse must have a private rear yard not less than 200 square feet in size. A townhouse must have a finished first floor elevation not less than eighteen inches above the elevation of the sidewalk at the front lot line.

Source: Section 13-9-57; Ord. 990225-70; Ord. 031211-11.

§ 25-3-88 - ACCESSORY USES.

(A)

The accessory use regulations of Chapter 25-2, Subchapter C, Article 5 (Accessory Uses) apply except as provided in this section.

(B)

Notwithstanding Section 25-2-893 (Accessory Uses for a Principal Residential Use), one accessory dwelling unit containing not more than 700 square feet of gross building area is permitted as an accessory to a residential use if the other requirements of this chapter are met.

(C)

Notwithstanding Section 25-2-894 (Accessory Uses for a Principal Commercial Use), commercial uses may include the following as accessory uses, activities, and structures on the same site or lot:

(1)

a commercial use not listed as a permitted use in the same district that:

(a)

is operated primarily for the convenience of employees, clients, or customers of the principal use;

(b)

occupies less than 10 percent of the total floor area of the use; and

(c)

is located and operated as an integral part of the principal use and does not comprise a separate business use or activity; or

(2)

a parking facility in a Neighborhood Center Area.

Source: Section 13-9-58; Ord. 990225-70; Ord. 031211-11.

§ 25-3-89 - MAJOR CIVIC USE SITE DEVELOPMENT REGULATIONS.

(A)

The following site development regulations do not apply to a major civic use:

(1)

maximum front yard setback;

(2)

minimum front yard setback;

(3)

minimum street side yard setback;

(4)

minimum interior yard setback;

(5)

minimum rear yard setback;

(6)

maximum building coverage;

(7)

maximum building footprint; and

(8)

maximum height.

(B)

The director shall specify the parameters of the development regulations listed in Subsection (A) for each specific development proposal. The parameters shall not be more restrictive than those that would otherwise apply to a civic use.

Source: Section 13-9-59; Ord. 990225-70; Ord. 031211-11.

§ 25-3-101 - APPLICABLE TO NEIGHBORHOOD CENTER AREA.

This article applies to the design and development of a Neighborhood Center Area.

Source: Section 13-9-61; Ord. 990225-70; Ord. 031211-11.

§ 25-3-102 - SIZE OF NEIGHBORHOOD CENTER AREA.

A Neighborhood Center Area must contain not less than five percent of the gross land area of the traditional neighborhood district.

Source: Section 13-9-62; Ord. 990225-70; Ord. 031211-11.

§ 25-3-103 - LOCATION OF NEIGHBORHOOD CENTER AREA.

A Neighborhood Center must be easily accessible by pedestrians from all parts of the Mixed Residential Areas. At least 90 percent of the lots in the Mixed Residential Areas must be within 2000 linear feet of a Neighborhood Center Area boundary.

Source: Section 13-9-63; Ord. 990225-70; Ord. 031211-11.

§ 25-3-104 - SITE DEVELOPMENT REGULATIONS FOR NEIGHBORHOOD CENTER AREA.

The following table lists the site development regulations for a Neighborhood Center Area.

REGULATION SINGLE-FAMILY DUPLEX TOWNHOUSE COMMERCIAL MULTIFAMILY CONDOMINIUM
Minimum Lot Size 2,000 SF
2,500 SF on corner lot
3,600 SF
4,000 SF on corner lot
3,600 SF
4,000 SF on corner lot
Maximum Lot Size 4,000 SF 43,560 SF 43,560 SF
Minimum Lot Width 2 20 FT
25 FT on corner lot
40 FT
45 FT on corner lot
40 FT
45 FT on corner lot
Maximum Site Area 20,000 SF 43,560 SF 43,560 SF
Minimum Frontage Buildout 3 80% 80% 60%
Maximum Height 35 FT 60 FT 60 FT
Maximum Front Yard Setback 5 FT 5 FT 5 FT
Minimum Front Yard Setback -0- -0- -0-
Minimum Street Side Yard Setback 5 FT 5 FT 5 FT
Minimum Interior Side Yard Setback -0- -0- -0-
Minimum Rear Yard Setback 5 FT -0- 5 FT
Maximum Building Coverage 70% 70% 70%
Maximum Impervious Cover 90% 90% 90%

 

1 See Section 25-3-89 (Major Civic Use Site Development Regulations).

2 On a courtyard or curved street, the minimum lot width between the front lot line and the minimum front yard setback is 15 feet for a townhouse lot and 30 feet for other lots.

3 The director may reduce the minimum frontage buildout to accommodate a protected tree or significant tree cluster.

Source: Section 13-9-64; Ord. 990225-70; Ord. 031211-11.

§ 25-3-105 - ADDITIONAL REGULATIONS FOR NEIGHBORHOOD CENTER AREA.

(A)

An automotive rental use may keep not more than 20 vehicles on site.

(B)

An automotive repair services use may not exceed 2400 square feet of gross building area.

(C)

A building that is adjacent to a square may be not less than two stories high.

(D)

An open colonnade may extend into the front setback a maximum of five feet. An unenclosed balcony with a minimum clearance of nine feet above finished grade may extend five feet over a public sidewalk. An awning or walkway covering with a minimum clearance of eight feet above finished grade may extend five feet over a public sidewalk.

(E)

A commercial off-street parking use may not exceed one acre in site size. Not more than one commercial off-street parking Use site may be located in a block. A site must be screened from the street by low hedges or walls not less than three feet and not more than four feet in height.

(F)

A kennel use must be conducted entirely within an enclosed structure.

(G)

A residential use with street level living space must have a finished first floor elevation not less than eighteen inches above the elevation of the sidewalk at the front lot line. A residential use may not front at ground level on a square.

(H)

A service station use may have the capability of fueling not more than eight vehicles at one time.

(I)

A telecommunications tower must be located on top of a building or be an architectural component of the building. Free standing towers are prohibited.

(J)

A printing and publishing use may not exceed 5,000 square feet of gross floor area.

Source: Section 13-9-65; Ord. 990225-70; Ord. 031211-11; Ord. 040617-Z-1.

§ 25-3-121 - APPLICABLE TO MIXED RESIDENTIAL AREA.

This article applies to the design and development of a Mixed Residential Area.

Source: Section 13-9-71; Ord. 990225-70; Ord. 031211-11.

§ 25-3-122 - SITE DEVELOPMENT REGULATIONS FOR MIXED RESIDENTIAL AREA.

The following table lists the site development regulations for a Mixed Residential Area.

REGULATION SINGLE-FAMILY DUPLEX TOWNHOUSE COMMERCIAL MULTI-FAMILY CONDOMINIUM CIVIC 1
Minimum Lot Size 3,600 SF 2 2,000 SF 3,600 SF 3,600 SF
4,000 SF on corner lot 2 2,500 SF on corner lot 4,000 SF on corner lot 4,000 SF on corner lot
Maximum Lot Size None 4,000 SF 20,000 SF 20,000 SF
Minimum Lot Width 3 40 FT 2
45 FT on corner lot 2
20 FT
25 FT on corner lot
40 FT
45 FT on corner lot
40 FT
45 FT on corner lot
Maximum Site Area None 20,000 SF 20,000 SF 20,000 SF
Maximum Height 35 FT 35 FT 35 FT 35 FT
Maximum Front Yard Setback 15 FT 10 FT 10 FT 10 FT
Minimum Front Yard Setback 10 FT 5 FT 5 FT 5 FT
Minimum Street Side Yard Setback 10 FT 10 FT 10 FT 10 FT
Minimum Interior Side Yard Sideback 5 FT 2 0 FT 5 FT 5 FT
Maximum Building Coverage 55% 55% 55% 55%
Maximum Building Footprint 5,000 SF 5,000 SF 5,000 SF 5,000 SF 4
Maximum Impervious Cover 65% 65% 65%5 65%

 

1 See Section 25-3-89 (Major Civic Use Site Development Regulations).

2 See Section 25-3-123 (Side Yard Houses).

3 On a courtyard or curved street, the minimum lot width between the front lot line and the minimum front yard setback is 15 feet for a townhouse lot and 30 feet for other lots.

4 A community meeting hall may exceed this limitation.

5 Maximum impervious cover for a commercial use is 90%.

Source: Section 13-9-72; Ord. 990225-70; Ord. 031211-11.

§ 25-3-123 - SIDE YARD HOUSES.

(A)

A side yard house is permitted on a lot if the following requirements are met:

(1)

the lot is in a Mixed Residential Area that has been designated as single family residential on a Land Use Allocation Map; and

(2)

all the lots in the same block and fronting on the same street comply with Subsection (B).

(B)

An owner of a lot must impose the following limitations on the lot by the filing of appropriate deed restrictions:

(1)

A structure may be erected adjacent to an interior side lot line. The wall of a structure erected adjacent to an interior side lot line must be solid and opaque with no openings of any kind. The eaves of a structure may extend across the interior side lot line not more than three feet.

(2)

Except for a patio or patio cover, the minimum distance between structures on adjoining lots is ten feet. The minimum distance between a patio or patio cover and a structure on an adjoining lot is six feet.

(3)

An easement is required on each lot that abuts a lot with a structure adjacent to a common interior side lot line. The easement is for the purpose of construction and maintenance of the structure and drainage. The easement must be not less than five feet wide and extend the full length of the interior side lot line.

(C)

If a lot is subject to this section, the following site development regulations apply:

(1)

The minimum interior side yard setback is zero feet.

(2)

The minimum required side yard between structures is ten feet.

(3)

The minimum lot width is 30 feet, or 35 feet on a corner lot.

(4)

The minimum lot size is 2400 square feet, or 2800 square feet on a corner lot.

Source: Section 13-9-73; Ord. 990225-70; Ord. 031211-11.

§ 25-3-124 - ADDITIONAL REGULATIONS FOR MIXED RESIDENTIAL AREA.

(A)

Similar land uses should face across streets, and dissimilar land uses should abut at rear lot lines or across alleys.

(B)

A commercial use may only be located on the first floor of a building. Up to one-half of the second floor may be used for accessory uses that are not open to the public.

(C)

Commercial uses are limited to corner locations that are designated on the Development Plan.

(D)

A commercial use may not be open to the public between the hours of 11:00 p.m. and 6:00 a.m.

(E)

There may be not more than eight dwelling units in a single structure.

(F)

There may be not more than one principal structure on a site.

(G)

There may be not more than one accessory dwelling unit on a site.

(H)

A garage entry may not face the street unless it is at least 20 feet behind the front building face of the principal structure.

(I)

A front porch or stoop is required on a single family residential or duplex structure.

Source: Section 13-9-74; Ord. 990225-70; Ord. 031211-11.

§ 25-3-151 - APPLICABLE TO NEIGHBORHOOD EDGE AREA.

This article applies to the design and development of a Neighborhood Edge Area.

Source: Section 13-9-81; Ord. 990225-70; Ord. 031211-11.

§ 25-3-152 - LOCATION OF NEIGHBORHOOD EDGE AREA.

(A)

A Neighborhood Edge Area may be designated along the perimeter of a traditional neighborhood district. Unless there is a park, green, greenbelt, or preserve at least 100 feet wide, a Neighborhood Edge Area must be designated for those portions of a traditional neighborhood district that abut:

(1)

land zoned SF-3 or more restrictive;

(2)

land used for any use permitted in an SF-3 or more restrictive district;

(3)

land included in an approved preliminary subdivision plan or final subdivision plat that is designated on the plan or plat for any use permitted in an SF-3 or more restrictive district.

(B)

The minimum width of a Neighborhood Edge Area is 100 feet. The maximum width of a Neighborhood Edge Area is 250 feet, but if the 250 foot width line falls within a block, the width may be extended to the nearest block edge.

Source: Section 13-9-82; Ord. 990225-70; Ord. 031211-11.

§ 25-3-153 - SITE DEVELOPMENT REGULATIONS FOR NEIGHBORHOOD EDGE AREA.

The site development regulations for a Neighborhood Edge Area are as follows:

(1)

Minimum lot size: 5,750 square feet

(2)

Minimum lot width: 50 feet

(3)

Maximum height: 35 feet

(4)

Minimum front setback: 25 feet

(5)

Minimum street side yard setback: 15 feet

(6)

Minimum interior side yard setback: 5 feet

(7)

Minimum rear yard setback: 10 feet

(8)

Maximum building coverage: 55%

(9)

Maximum impervious cover: 65%

Source: Section 13-9-83; Ord. 990225-70; Ord. 031211-11.

§ 25-3-154 - ADDITIONAL REGULATIONS FOR NEIGHBORHOOD EDGE AREA.

(A)

There may be no more than one principal structure on a site.

(B)

There may be no more than one accessory dwelling unit on a site.

(C)

A garage entry may not face the street unless it is at least 20 feet behind the front building face of the principal structure.

Source: Section 13-9-84; Ord. 990225-70; Ord. 031211-11.

§ 25-3-171 - APPLICABLE TO WORKSHOP AREA AND EMPLOYMENT CENTER AREA.

This article applies to the design and development of a Workshop Area or an Employment Center Area.

Source: Section 13-9-91; Ord. 990225-70; Ord. 031211-11.

§ 25-3-172 - SIZE OF WORKSHOP AREA AND EMPLOYMENT CENTER AREA.

The aggregate size of all Workshop Areas and Employment Center Areas within a traditional neighborhood district may not exceed 10 percent of the gross land area.

Source: Section 13-9-92; Ord. 990225-70; Ord. 031211-11.

§ 25-3-173 - SITE DEVELOPMENT REGULATIONS FOR WORKSHOP AREA AND EMPLOYMENT CENTER AREA.

The site development regulations for the Workshop Area and Employment Center Area are as follows:

(1)

Minimum lot size: 5,000 square feet

(2)

Maximum lot size:

(a)

In Workshop Area: 5 acres

(b)

In Employment Center Area: 10 acres

(3)

Maximum site area:

(a)

In Workshop Area: 5 acres

(b)

In Employment Center Area: 10 acres

(4)

Minimum lot width: 50 feet

(5)

Minimum frontage buildout: 80%

(6)

Maximum height: 60 feet

(7)

Minimum front yard setback: 0 feet

(8)

Maximum front yard setback: 10 feet

(9)

Minimum side setback: 10 feet

(10)

Minimum rear yard setback: 25 feet

(11)

Maximum building coverage: 65%

(12)

Maximum impervious coverage: 80%

(13)

Maximum floor-to-area ratio: 1:1

Source: Section 13-9-93; Ord. 990225-70; Ord. 031211-11.

§ 25-3-191 - SITE PLAN NOT REQUIRED.

A site plan is not required for development in a traditional neighborhood district. The Development Plan, the subdivision regulations, and the plot plan incorporate conventional site plan regulations.

Source: Section 13-9-101; Ord. 990225-70; Ord. 031211-11.

§ 25-3-192 - PERMITS.

(A)

A building permit is required for a structure within a traditional neighborhood district.

(B)

A construction permit is required for development of more than 1000 square feet of site area if a building permit is not otherwise required.

(C)

A plot plan must be submitted with the building or construction permit application. A building or construction permit may not be issued unless a plot plan complies with this chapter and Title 25 (Land Development). A plot plan must provide the following information, if applicable:

(1)

all information required by Chapter 25-11 (Building, Demolition, And Relocation Permits; Special Requirements For Historic Structures) or 25-12 (Technical Codes) to be on a plot plan;

(2)

locations and types of easements;

(3)

the locations of proposed utility connections;

(4)

the 100 year floodplain, as calculated to exist under fully developed conditions in accordance with the Drainage Criteria Manual;

(5)

building location and gross building square footage;

(6)

proposed use that complies with the Land Use Allocation Map;

(7)

number of bedrooms;

(8)

locations, quantity, and dimensions of sidewalks, pedestrian ramps, driveways, parking areas, parking spaces, and off-street loading areas;

(9)

information that shows compliance with accessibility requirements;

(10)

landscaping, screening, and fencing;

(11)

locations of protected trees, significant tree clusters, and 8-inch survey trees;

(12)

an erosion and sedimentation control plan;

(13)

lot size, setbacks, building height, building coverage, and impervious coverage; and

(14)

other information that may be required by administrative rules.

(D)

A building or construction permit may not be issued unless the Architectural Control Committee of the Property Owners' Association has certified that the proposed development complies with the architectural standards.

Source: Section 13-9-102; Ord. 990225-70; Ord. 031211-11; Ord. 041202-16.