(a)

Purpose. In a planned unit development, the developer may make use of the land for any purpose authorized in a particular planned unit development zoning district in which the land is located subject to the provisions of this section.

(b)

Preliminary site plan required. The PUD district shall be established only upon application, after public hearing as specified in the amendatory procedures of this ordinance and shall require an approved preliminary site plan which when zoning is granted will govern the development of the land and all development plans thereof.

(c)

Minimum district area. The minimum area for a PUD district shall be five (5) acres.

(d)

Permitted uses. A list of permitted uses within each planned unit development must be submitted with the application for establishment of the district and the preliminary site plan and must be approved by the planning commission and governing authority upon application by the owner of the property.

(e)

Procedures. An application for rezoning to PUD district shall be accompanied by a preliminary site plan and text presenting the following information:

(1)

Proposed land uses and population densities;

(2)

Proposed primary circulation pattern;

(3)

Proposed parks and playgrounds;

(4)

Delineation of the units or phases to be constructed together with a proposed timetable;

(5)

Proposed means of dedication of common open space areas and organizational arrangements for the ownership, maintenance and preservation of common open space;

(6)

Relation to the city comprehensive plan, land uses in the surrounding area and to the general plan of the PUD. Rezoning procedures shall be in accordance with article XIV of this appendix. Following the initial rezoning procedure, the proposed development shall follow all applicable procedures and requirements governing the subdivision of land. No building permit shall be issued until a final plat of the proposed development, or portion thereof, is approved, filed and recorded. No building permit designed or intended to be used, in whole or in part, for commercial purposes shall be constructed prior to the construction of less than twenty-five (25) percent of the dwelling units proposed in the plan, or construction of one hundred (100) dwelling units, whichever is smaller. If construction of the PUD district is not started within two (2) years of the date of approval, the mayor and board of aldermen may consider rezoning the site to its previous classification.

The applicant, by showing good cause why he cannot adhere to the proposed timetable described in subsection (e)(4), may seek an extension of not more than one (1) year at a time. A request for extension shall be submitted in writing to the planning commission.

(f)

Review standards. The site plan must provide for and conform entirely to the following standards and requirements:

(1)

In order to encourage ingenuity, imagination, and high quality design, regulations on residential areas will not specify minimum lot area per dwelling unit but will limit density in residential areas to five (5) families per acre in single-family dwellings or twenty (20) families per acre in multifamily dwellings. This will allow clustering of dwellings to provide maximum open space.

(2)

Street widths and improvements, thereof as well as off-street parking facilities must conform to county standards or in lieu of such standards, to requirements established by the governing authority.

(3)

Provisions of water supply, sanitary sewers, stormwater drainage, and connections shall be made to the satisfaction and requirements of the governing authority and the appropriate state authority.

(4)

All improvements are to be installed and maintained by the developer unless other arrangements approved by the governing authority are made.

(5)

The governing authority may require other special improvements as they are required if they are deemed reasonable and essential, and may require that appropriate deed restrictions to be filed enforceable by the governing authority for twenty (20) years.

(6)

A minimum total area of ten (10) percent of the gross residential area shall be set aside as parks and playgrounds. Of this ten (10) percent, a maximum of one-half may be covered with water. A maximum of five (5) percent of the area designated to be parks and playgrounds may be covered with structures to be used in the recreational use of the area. Parks and playgrounds must be suitably improved for its intended use but parks and playgrounds containing natural features clearly worthy of preservation may be left unimproved.

(7)

The developer shall also submit sketches of the plan for the entire project showing the relationship of uses, street patterns, open space and the general character of the proposed development, including a schematic drawing illustrating a typical segment of the development.

(8)

After approval, filing, and recording of the plan, a building permit may be issued in accordance with the approved plan.

(Ord. No. 2010-09-743, 9-7-10)

All manufactured home parks created or established shall be located in zoning districts as permitted by this ordinance and shall conform to the provisions below:

(1)

General plan required.

a.

Parks shall be located on a well drained site, not less than three (3) acres in size, properly graded to ensure rapid drainage and freedom from stagnant pools of water.

b.

Manufactured home spaces shall be provided consisting of a minimum of four thousand five hundred (4,500) square feet for each space. Anchors or tie downs such as cast in place concrete deadmen, eyelets embedded in concrete, screw augers, or arrowhead anchors shall be placed at each corner of the manufactured home pad and at intervals not to exceed twenty (20) feet. Each device shall be able to sustain a minimum load of four thousand eight hundred (4,800) pounds.

c.

Manufactured homes shall be so harbored on each space that there shall be at least a twenty-foot clearance between all manufactured homes or other buildings (exclusive of individual storage buildings) within the park or from any property line bounding the park. Individual storage buildings shall not exceed one hundred twenty (120) square feet in area and shall be located no closer than five (5) feet from any manufactured home lot line.

d.

All manufactured home spaces shall abut upon a paved roadway of not less than twenty (20) feet in width, which shall have unobstructed access to a public street or highway.

e.

Walkways not less than two (2) feet wide shall be provided in locations where pedestrian traffic is concentrated; for example, to the entrance, to the office and to other important facilities.

f.

Adequate lights shall be provided to illuminate roadways and walkways for the safe movement of vehicles and pedestrians at night.

g.

Each park shall provide service buildings to house each toilet, bathing and other sanitation facilities as are in this article more particularly prescribed for dependent manufactured homes.

h.

An electrical outlet supplying at least one hundred ten (110) volts shall be provided for each manufactured home space.

(2)

Water supply. An adequate supply of pure water for drinking and domestic purposes shall be supplied by pipes to all buildings and manufactured home spaces within the park to meet the requirements of the park. A master water meter shall be installed according to city specific locations. Water supply for fire protection shall be provided, and constructed in order that all manufactured home spaces are located less than five hundred (500) feet of a fire plug. The water system shall be connected to the municipal water system whenever feasible. If the park water system is not connected to the municipal system, approval must be obtained from the county health department.

(3)

Sewage and waste disposal.

a.

Waste from showers, bathtubs, flush toilets, urinals, lavatories, slop sinks and laundries in service buildings and other buildings within the park shall be discharged into a public sewer system in compliance with applicable ordinances or into a private sewer and disposal plant or septic tank system of such construction and in such manner as will present no health hazard.

b.

Each manufactured home space shall be provided with a trapped sewer at least four (4) inches in diameter, which shall be connected to receive the waste from the shower, bathtub, flush toilet, lavatory and kitchen sink of the manufactured home harbored in such space having any or all such facilities. The trapped sewer in each space shall be connected to discharge the manufactured home waste into the public sewer system in compliance with applicable ordinances or into a private sewer disposal plant or septic tank system of such construction and in such manner as will present no health hazard, and as shall be required by the state board of health.

(4)

Garbage receptacles. Metal or plastic garbage cans with tight-fitting covers shall be provided in quantities adequate to permit disposal of all garbage and rubbish.

(5)

Register of occupants. It shall be the duty of each licensee to keep a register containing a record of all manufactured home owners and occupants located within the park. The register shall contain the following information:

a.

The name and address of each manufactured home occupant;

b.

The name and address of the owner of each manufactured home and motor vehicle by which it is towed;

c.

The make, model, year and license number of each manufactured home and motor vehicle;

d.

The state, territory or country issuing such licenses;

e.

The date of arrival and of departure of each manufactured home;

f.

Whether or not each manufactured home is a dependent or independent manufactured home.

g.

The park shall keep the register available for inspection at all times by law enforcement officers, public health officials and other officials whose duties necessitate acquisition of the information contained in the register. The register record for each occupant registered shall not be destroyed by a period of three (3) years following the date of departure of the registrant from the park.

(6)

Supervision. The licensee or permittee, or a duly authorized attendant or caretaker, shall be in charge at all times to keep the manufactured home park, its facilities and equipment in a clean, orderly and sanitary condition. The attendant or caretaker shall be answerable, with the licensee or permittee, for the violation of any provision of this article to which the permittee is subject.

(7)

License required.

a.

It shall be unlawful for any person to maintain or operate a manufactured home park within the limits of the city unless such person shall first obtain a license permit therefore in addition to payment of the privilege tax required therefore by statute.

b.

Future expansion of any manufactured home park to accommodate additional manufactured homes shall be done in accordance with the provisions of this appendix.

(8)

Fees.

a.

The annual application fee for each manufactured home park shall be twenty dollars ($20.00).

b.

The fee for transfer of a license shall be ten dollars ($10.00).

c.

Every individual locating a manufactured home in the city, whether in a trailer park or otherwise, must make application with the city, such applications being available at the city hall or from the building official, at a cost of ten dollars ($10.00).

(9)

Application.

a.

Application for initial license shall be filed with and issued by the mayor and board of aldermen. The application shall be in writing, signed by the applicant and shall include the following:

1.

The name and address of the applicant;

2.

The location and legal description of the manufactured home park;

3.

A complete plan of the park in conformity with the requirements of this ordinance;

4.

Plans and specifications of all buildings, improvements and facilities constructed or to be constructed within the manufactured home park;

5.

The application and all accompanying plans and specifications shall be filed in triplicate with the building official. The building official shall forward such plans and specifications to the planning commission for review and recommendation. The planning commission shall review the plans and specifications for compliance with this article, and all other applicable ordinances, codes or statutes. Upon finding that the plans and specifications comply with all provisions of this article or other ordinances, codes, or statutes, the planning commission shall, in writing, recommend to the mayor and board of aldermen that the application be approved. Upon receipt of the recommendation from the planning commission, the mayor and board of aldermen may approve the application or take such other action as shall be necessary. Upon completion of the park in accordance with all approved plans and specifications, the mayor and board of aldermen shall issue a license for the operation thereof.

b.

Application for transfer of license. Upon application in writing for transfer of a license and payment of the transfer fee, the mayor and board of aldermen shall issue a transfer if the transferee is of good moral character.

(10)

Display. The license shall be conspicuously posted in the office of or on the premises of the manufactured home park at all times.

(11)

Revocation. The mayor and board of aldermen may revoke any license to maintain and operate a park when the licensee has been found guilty by a court of competent jurisdiction of violation of any provisions of this article. After such conviction, the license may be reissued if the circumstances leading to conviction have been remedied and the park is being maintained and operated in full compliance with the law.

(Ord. No. 2010-09-743, 9-7-10)

(a)

General provisions.

(1)

Purpose. The purpose of this section is to allow the optional development and redevelopment of land in Batesville consistent with the design principles of traditional neighborhoods. A traditional neighborhood generally:

a.

Is compact;

b.

Is designed for the human scale;

c.

Provides a mix of uses, including residential, commercial civic, and open space uses in close proximity to one another within the neighborhood;

d.

Provides a mix of housing styles, types, and sizes to accommodate households of all ages, sizes, and incomes;

e.

Incorporates a system of relatively narrow, interconnected streets with sidewalks, bikeways, and transit that offer multiple routes for motorists, pedestrians, and bicyclists and provides for the connections of those streets to existing and future developments;

f.

Retains existing buildings with historical features or architectural features that enhance the visual character of the community;

g.

Incorporates significant environmental features into the design;

h.

Is consistent with Batesville's General Development plan.

(b)

Applicability. The traditional neighborhood development ordinance is an alternative set of standards for development within Batesville for new development of fifteen (15) acres or more contiguous to existing development, redevelopment or infill development of ten (10) acres or more.

(c)

Fees. The mayor and board of aldermen may, by resolution, establish fees for the administration of this ordinance.

(d)

Definitions. The following definitions shall be observed and applied, except when the context clearly indicates otherwise. Words used in the present tense shall include the future tense. Words used in the singular form shall include the plural form. Words used in the plural form shall include the singular. The word "shall" is mandatory and the word "may" is permissive.

Accessory building. A detached subordinate structure, the use of which is incidental to that of the principal structure and located on the same lot.

ADT. Average daily traffic volumes of vehicles on a street.

Affordable housing. Housing in which mortgage, amortization, taxes, insurance, and condominium and association fees, if any, constitute no more than twenty-eight (28) percent of gross household income for a household of the size which may occupy the unit. In the case of dwelling units for rent, housing that is affordable means housing for which the rent and utilities constitute no more than thirty (30) percent of gross annual household income for a household of the size that may occupy the unit.

Alley. A public or private way permanently reserved as a secondary means of access to abutting property.

Arterial. A major street for carrying a large volume of through traffic in the area, normally controlled by traffic signs and signals.

Block. A unit of land bounded by streets or by a combination of streets and public land, railroad rights-of-way, waterways, or any other barrier to the continuity of development.

Building height. The limit to the vertical extent of a building. The building height may be prescribed as a maximum number of stories or as a dimension from sidewalk grade to the eave. The height limit shall not apply to attics, raised basements, chimneys, machine rooms, or similar structures.

Building scale. The relationship between the mass of a building and its surroundings, including the width of street, open space, and mass of surrounding buildings. Mass is determined by the three-dimensional bulk of a structure: height, width and depth.

Building setback, front. The distance from the street right-of-way line to the closest point of the foundation of a building or projection thereof.

Collector street. A street designed to carry moderate volumes of traffic from local streets to arterial streets or from arterial to arterial.

Common open space. Squares, greens, neighborhood parks, Batesville parks, and linear environmental corridors owned and maintained by Batesville.

Curb radius. The curved edge of streets at an intersection measured at the outer edge of the street curb or of the parking lane.

Lot. A parcel of land occupied or intended for occupancy by a use permitted in this ordinance, including one (1) main building, together with any accessory buildings, open spaces, and parking spaces required by this ordinance and having its principal frontage upon a street or upon an officially approved place.

Lot line. The property lines bounding the lot.

Lot width. The horizontal distance between side lot lines measured at the front setback.

Net acre. An acre of land excluding street rights-of-way and other publicly dedicated improvements such as parks, open space, and stormwater detention and retention facilities.

Principal building. A building in which the primary use of the lot on which the building is located is conducted.

Queuing. The use of one (1) travel lane on local streets with parking (usually an intermittent parking pattern) on both sides.

Secondary dwelling unit. An additional dwelling unit located within the principal dwelling on the lot, in a freestanding building or above a residential garage.

Story. A space in a building between the surface of any floor and the surface of the next floor above, or if there is no such floor above, then the space between such floor and the ceiling or roof above.

Street. A strip of land, including the entire right-of-way, publicly or privately owned, serving as a means of vehicular travel, and furnishing access to abutting properties, which may also be used to provide space for sewers, public utilities, shade trees and sidewalks.

Traditional neighborhood. A compact, mixed use neighborhood where residential, commercial and civic buildings are within close proximity to each other.

(e)

Application procedure and approval process.

(1)

Prior to the issuance of any permits for development within a traditional neighborhood development, the following steps shall be completed according to the procedures outlined in this section:

a.

The applicant shall have had an initial conference;

b.

General implementation plan and a zoning map amendment to a traditional neighborhood development district shall be approved by the mayor and board of aldermen;

c.

Specific implementation plan shall be approved by the mayor and board of aldermen.

(2)

Initial conference. before submitting an application for a traditional neighborhood development project, the applicant shall schedule an appointment and meet with the planner to discuss the procedure for approval of a traditional neighborhood development project, including submittal requirements and design standards.

(f)

General implementation plan.

(1)

General implementation plan process. Following the initial conference, the applicant shall submit a general implementation plan to the Batesville Planning Staff together with an application for a zoning map amendment to a traditional neighborhood development district.

(2)

General implementation plan submittal requirements. The purpose of the general implementation plan is to establish the intent, density, and intensity for a proposed development. The general implementation plan shall include the following:

a.

A general location map of suitable scale, but no less than one (1) inch = two hundred (200) feet, which shows the location of the property within the community and adjacent parcels including locations of any public streets, railroads, major streams or rivers and other major features within one thousand 1,000 feet of the site.

b.

A site inventory and analysis to identify site assets or resources, and constraints, including but not limited to, floodplains, wetlands and soils classified as "poorly drained" or "very poorly drained," soils with bedrock at or within forty-two (42) inches of the surface, utility easements for high-tension electrical transmission lines (>69KW), steep slopes greater than fifteen (15) percent, and brownfields.

c.

A conceptual site plan, at a scale of no less than one (1) inch = one hundred (100) feet, which indicates topography in two-foot contours for sites with fifteen (15) feet or more of local relief, or one-foot contours for local sites with less than fifteen (15) feet of local relief, consisting of a map with proposed features and existing site features and uses that will remain. These features should include building outlines, location of streets, transit stops, drives and parking areas, pedestrian and bicycle paths, service access areas for receiving material and trash removal, and other impervious surfaces. The location of proposed and existing to remain trees and shrubs should also be included, along with any other significant features.

d.

A conceptual stormwater management plan identifying the proposed patterns of major stormwater runoff, locations of stormwater infiltration areas, and other significant stormwater best management practices.

e.

Identification of the architectural style(s) of the traditional neighborhood development and the accompanying site design style(s). The design style of the traditional neighborhood development shall be conveyed with drawings or computer simulations of typical proposed building elevations (including dimensions of building height and width and facade treatment).

f.

A written report that provides general information about the covenants, conservation easements, or agreements which will influence the use and maintenance of the proposed development. The report shall also describe the site conditions and the development objectives.

g.

Any other information deemed necessary by Batesville in order to evaluate plans.

h.

Ten (10) copies of the above information shall be submitted plus one (1) reduced set no larger than eight and one-half (8½) inches by eleven (11) inches.

(g)

Specific implementation plan. The purpose of the specific implementation plan is to establish a detailed development proposal. The specific implementation plan can be proposed, reviewed, and acted upon as whole or in part or phases.

(1)

Specific implementation plan process. Following approval of the general implementation plan, the applicant shall submit a specific implementation plan to the planning staff.

(2)

Within thirty (30) days following receipt of the specific implementation plan, the planning commission shall receive a report from the planning department recommending approval, disapproval or approval with specified modifications. The planning commission shall determine that the proposed specific implementation plan is in substantial conformance with the approved general implementation plan. Upon due consideration, the planning commission shall recommend that the mayor and board of aldermen either:

a.

Approve the specific implementation plan as being in substantial conformance with the general implementation plan;

b.

Approve the specific implementation plan as being in substantial conformance with the general implementation plan with specified modifications; or

c.

Deny the specific implementation plan.

(3)

Following planning commission recommendation, the mayor and board of aldermen shall receive the recommendation from the planning commission and the report from the planning staff. Upon due consideration, the mayor and board of aldermen shall either:

a.

Approve the specific implementation plan as being in substantial conformance with the general implementation plan;

b.

Approve the specific implementation plan as being in substantial conformance with the general implementation plan with specified modifications; or

c.

Deny the specific implementation plan.

(4)

Specific implementation plan submittal requirements. The applicant shall submit a series of plans, maps, and written materials which include the following information:

a.

A general location map of suitable scale which shows the boundaries and dimensions of the property within the context of Batesville and adjacent parcels, including locations of any public streets, railroads, major streams or rivers and other major features within one thousand (1,000) feet of the site, along with a legal description of the property. (names of property owners)

b.

A site inventory and analysis to identify site assets or resources, and constraints, including but not limited to, floodplains, wetlands and soils classified as "poorly drained" or "very poorly drained," soils with bedrock at or within forty-two (42) inches of the surface, utility easements for high-tension electrical transmission lines (>69KV), slopes greater than fifteen (15) percent, and brownfields.

c.

A site plan, including proposed topographic contours at one-foot intervals, with the following information:

1.

The location of proposed structures and existing structures that will remain, with height and gross floor area noted;

2.

Pedestrian lighting, including lamp intensity and height;

3.

The location of proposed open space;

4.

The circulation system indicating pedestrian, bicycle, and motor vehicle movement systems, including existing and proposed public streets or rights-of-way; transit stops; easements or other reservations of land on the site; the location and dimensions of existing and proposed curb cuts, off-street parking and loading spaces, including service access for receiving and trash removal; sidewalks and other walkways;

5.

Location of all trees, shrubs and groundcover (proposed or existing) to remain on the site;

6.

A stormwater management plan for the site. The grading plan shall show existing and proposed ground elevations with contours (one-foot contour interval) and spot elevations at significant high points, low points, and transition points. The grading plan shall also note the finished ground floor elevations of all buildings. The plan shall also show the locations of all storm drainage sewers and structures, and infiltration or detention/retention structures; and all wetlands on the site, using the Federal Manual For Identifying and Delineating Jurisdictional Wetlands, and copies of documents completed in making the wetlands identification;

7.

Detailed elevations of all proposed commercial buildings and typical elevations of residential buildings. Scaled elevations should identify all signs, building materials and percentage of ground floor commercial facade in windows; the location, height and material for screening walls and fences, including outdoor trash storage areas, electrical, mechanical and gas metering equipment, storage areas for trash and recyclable materials, and rooftop equipment. Commercial areas shall also be subject to the city's design standards;

8.

A utilities plan showing underground and above ground lines and structures for sanitary sewers, electricity, gas, telecommunications, etc.;

9.

A written report which completely describes the proposal and indicates covenants or agreements that will influence the use and maintenance of the proposed development. The report also shall describe the analysis of site conditions and the development objectives;

10.

Phasing plans, where applicable;

11.

Any other information deemed necessary by the mayor and board of aldermen in order to evaluate plans;

12.

Five (5) copies of the above information shall be submitted, plus one (1) reduced set no larger than eight and one-half (8½) inches by eleven (11) inches.

(5)

Amendments to the specific implementation plan. Minor changes to the specific implementation plan adopted by the mayor and board of aldermen may be approved by the planning department, provided that the changes do not involve:

a.

Increases or decreases of less than ten (10) percent in floor area of structures or number of dwelling units.

b.

Change in exterior building material.

c.

Alteration of any conditions attached or modification to the specific implementation plan made by the board.

d.

A major change to a specific implementation plan which is less restrictive than any conditions of approval for the initial specific implementation plan, shall require approval by a majority vote of all members of the mayor and board of aldermen.

(h)

Subdivision of land. If the traditional neighborhood development involves the subdivision of land as defined in Batesville's Subdivision Ordinance, the applicant shall submit all required land division documents in accordance with the requirements of the subdivision ordinance. If there is a conflict between the design standards of the subdivision ordinance and the design guidelines of this ordinance, the provisions of this ordinance shall apply.

(i)

Ownership and maintenance of public space. Provision shall be made for the ownership and maintenance of streets, squares, parks, open space, and other public spaces in a traditional neighborhood development by dedication to Batesville.

(j)

Recording of documents. The traditional neighborhood development must follow the city's subdivision regulations including platting and recording requirements.

(k)

Traditional neighborhood development design standards.

(1)

Neighborhood uses. In order to achieve the proximity necessary to make neighborhoods walkable, it is important to mix land uses. A traditional neighborhood development should consist of a mix of residential uses, a mixed use area, and open space as provided below:

a.

A mix of residential uses of the following types can occur anywhere in the traditional neighborhood development. For infill development, the mix of residential uses may be satisfied by existing residential uses adjacent to the traditional neighborhood development.

b.

Single-family detached dwellings;

c.

Single-family attached dwellings, including duplexes, townhouses, row houses;

d.

Multifamily dwellings, including senior housing;

e.

Secondary dwelling units (granny flats);

f.

Special needs housing, such as community living arrangements and assisted living facilities;

g.

Mixed use area, of commercial, residential, civic or institutional, and open space uses as identified below. All residents should be within approximately one-fourth of a mile or a five-minute walk from existing or proposed commercial, civic, and open space areas. Individual businesses should not exceed six thousand (6,000) square feet in size.

(2)

Commercial uses.

a.

Food services (neighborhood grocery stores; butcher shops; bakeries; restaurants, not including drive-throughs; cafes; coffee shops; neighborhood bars or pubs);

b.

Retail uses (florists or nurseries; hardware stores; stationery stores; book stores; studios and shops of artists and artisans);

c.

Services (day care centers; music, dance or exercise studios; offices, including professional and medical offices; barber; hair salon; dry cleaning);

d.

Accommodations (bed and breakfast establishments, small hotels or inns).

(3)

Residential uses.

a.

Single-family attached dwellings, including duplexes, townhouses, row houses;

b.

Multifamily dwellings, including senior housing;

c.

Residential units located on upper floors above commercial uses or to the rear of storefronts;

d.

"Live/work" units that combine a residence and the resident's workplace;

e.

"Special needs" housing, such as community living arrangements and assisted living facilities.

(4)

Civic or institutional uses.

a.

Municipal offices, fire stations, libraries, museums, community meeting facilities, and post offices;

b.

Transit shelters;

c.

Places of worship;

d.

Educational facilities;

e.

Open space uses;

f.

Central square;

g.

Neighborhood park;

h.

Playground.

(5)

Open space uses identified below should be incorporated in the traditional neighborhood development as appropriate. Large outdoor recreation areas should be located at the periphery of neighborhoods rather than central locations:

a.

Environmental corridors;

b.

Community parks;

c.

Streams, ponds, and other waterbodies;

d.

Stormwater detention/retention facilities.

(6)

Development units. The number of residential dwelling units and the amount of nonresidential development (excluding open spaces) shall be determined as follows:

a.

In areas devoted to mixed residential uses:

1.

The number of single-family attached and detached units permitted shall be three (3) to eight (8) dwelling units per net acre;

2.

The number of multifamily units shall be twelve (12) to twenty (20) dwelling units per net acre;

3.

Secondary dwelling units shall be permissible in addition to the number of dwelling units authorized under this section. However, the total number of secondary dwelling units shall not be more than ten (10) percent of the total number of single-family attached and detached units.

b.

In mixed use areas:

1.

The number of single-family and multifamily dwelling units permitted shall be calculated the same as above, plus an additional number of units not to exceed ten (10) percent of the amount permitted above;

2.

All dwelling units constructed above commercial uses shall be permissible in addition to the number of dwelling units authorized under this section. However, the total number of dwelling units shall not be increased by more than ten (10) dwelling units or ten (10) percent, whichever is greater;

3.

The total ground floor area of nonresidential development uses, including off-street parking areas, shall not exceed twenty-five (25) percent of the traditional neighborhood development.

c.

Open space: At least twenty (20) percent of the gross acreage of the traditional neighborhood development must be open space. Open space may include undevelopable areas such as steep slopes and wetlands, and stormwater detention and retention basins. At least twenty-five (25) percent of the open space must be common open space dedicated to the public for parkland. Ninety (90) percent of the lots within the areas devoted to mixed residential uses shall be within one-fourth of a mile or a five-minute walk from common open space.

(7)

Stormwater management. The design and development of the traditional neighborhood development should minimize off-site stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground and surface water. Natural topography and existing land cover should be maintained/protected to the maximum extent practicable. New development and redevelopment shall meet the following requirements:

a.

Untreated, direct stormwater discharges to wetlands or surface waters are not allowed.

b.

Post development peak discharge rates should not exceed predevelopment peak rates.

c.

Erosion and sediment controls must be implemented to remove eighty (80) percent of the average annual load of total suspended solids.

d.

Redevelopment stormwater management systems should improve existing conditions and meet standards to the extent practicable.

e.

All treatment systems or BMPs must have operation and maintenance plans to ensure that systems function as designed.

(8)

Lot and block standards.

a.

Block and lot size diversity. Street layouts should provide for perimeter blocks that are generally in the range of two hundred (200) to four hundred (400) feet deep by four hundred (400) to eight hundred (800) feet long. A variety of lot sizes should be provided to facilitate housing diversity and choice and meet the projected requirements of people with different housing needs.

b.

Lot widths. Lot widths should create a relatively symmetrical street cross section that reinforces the public space of the street as a simple, unified public space.

c.

Building setback, front—Mixed use area. Structures in the mixed use area have no minimum setback. Commercial and civic or institutional buildings should abut the sidewalks in the mixed use area (may have a build to line).

d.

Building setback, front—Areas of mixed residential uses. Single-family detached residences shall have a building setback in the front between 0 and twenty-five (25) feet. Single-family attached residences and multifamily residences shall have a building setback in the front between 0 and fifteen (15) feet (may have a build to line).

e.

Building setback, rear—Areas of mixed residential uses. The principal building on lots devoted to single-family detached residences shall be setback no less than thirty (30) feet from the rear lot line.

f.

Side setbacks. Provision for zero lot-line single-family dwellings should be made, provided that a reciprocal access easement is recorded for both lots and townhouses or other attached dwellings, and provided that all dwellings have pedestrian access to the rear yard through means other than the principal structure.

(l)

Circulation standards. The circulation system shall allow for different modes of transportation. The circulation system shall provide functional and visual links within the residential areas, mixed use area, and open space of the traditional neighborhood development and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity, provide connected pedestrian and bicycle routes (especially off-street bicycle or multi-use paths or bicycle lanes on the streets), control through traffic, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility through the traditional neighborhood development.

(1)

Pedestrian circulation. Convenient pedestrian circulation systems that minimize pedestrian-motor vehicle conflicts shall be provided continuously throughout the traditional neighborhood development. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides in accordance with the specifications listed in the city's subdivision regulations.

(2)

The following provisions also apply:

a.

Sidewalks in residential areas. Clear and well-lighted sidewalks, three (3) to five (5) feet in width, depending on projected pedestrian traffic, shall connect all dwelling entrances to the adjacent public sidewalk.

b.

Sidewalks in mixed use areas. Clear and well-lighted walkways shall connect building entrances to the adjacent public sidewalk and to associated parking areas. Such walkways shall be a minimum of five (5) feet in width.

c.

Disabled accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act.

d.

Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well lit and clearly marked with contrasting paving materials at the edges or with striping.

e.

Bicycle circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing or planned bicycle routes or greenways through the site shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other nonmotorized users) and separate, striped, four-foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width should be fourteen (14) feet.

f.

Public transit access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance, and shall be well-lighted.

g.

Motor vehicle circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as "queuing streets," curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds.

(3)

Street hierarchy. Each street within a traditional neighborhood development shall be classified according to the following (arterial streets should not bisect a traditional neighborhood development):

a.

Collector. This street provides access to commercial or mixed use buildings, but it is also part of Batesville's major street network. On-street parking, whether diagonal or parallel, helps to slow traffic. Additional parking is provided in lots to the side or rear of buildings.

b.

Subcollector. This street provides primary access to individual residential properties and connects streets of lower and higher function. Design speed is twenty-five (25) mph.

c.

Local street. This street provides primary access to individual residential properties. Traffic volumes are relatively low, with a design speed of twenty (20) mph.

d.

Alley. These streets provide secondary access to residential properties where street frontages are narrow, where the street is designed with a narrow width to provide limited on-street parking, or where alley access development is desired to increase residential densities. Alleys may also provide delivery access or alternate parking access to commercial properties.

Table 1: Attributes of Streets in a Traditional Neighborhood Development

(m)

Street layout. The traditional neighborhood development should maintain the existing street grid, where present, and restore any disrupted street grid where feasible. In addition:

(1)

Intersections shall be at right angles whenever possible, but in no case less than seventy-five (75) degrees. Low volume streets may form three-way intersections creating an inherent right-of-way assignment (the through street receives precedence) which significantly reduces accidents without the use of traffic controls.

(2)

Corner radii. The roadway edge at street intersections shall be rounded by a tangential arc with a maximum radius of fifteen (15) feet for local streets and twenty (20) feet for intersections involving collector or arterial streets. The intersection of a local street and an access lane or alley shall be rounded by a tangential arc with a maximum radius of ten (10) feet.

(3)

Curb cuts for driveways to individual residential lots shall be prohibited along arterial streets. Curb cuts shall be limited to intersections with other streets or access drives to parking areas for commercial, civic or multifamily residential uses. Clear sight triangles shall be maintained at intersections, as specified below, unless controlled by traffic signal devices:

(4)

The orientation of streets should enhance the visual impact of common open spaces and prominent buildings, create lots that facilitate passive solar design, and minimize street gradients. All streets shall terminate at other streets or at public land, except local streets may terminate in stub streets when such streets act as connections to future phases of the development. Local streets may terminate other than at other streets or public land when there is a connection to the pedestrian and bicycle path network at the terminus.

(n)

Parking requirements. Parking areas for shared or community use should be encouraged. In addition, in the mixed use area, any parking lot shall be located at the rear or side of a building. If located at the side, screening shall be provided as specified in this ordinance.

(1)

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

(2)

In the mixed use area, a commercial use must provide one parking space for every five hundred (500) square feet of gross building area.

(3)

Parking lots or garages must provide not less than one (1) bicycle parking space for every ten (10) motor vehicle parking spaces.

(4)

Adjacent on-street parking may apply toward the minimum parking requirements.

(5)

In the mixed residential areas, parking may be provided on-site. One (1) off-street parking space with unrestricted ingress and egress shall be provided for each secondary dwelling unit.

(6)

Multifamily uses must provide one (1) parking space for every dwelling unit and 0.5 parking space for each additional bedroom.

(7)

Service access. Access for service vehicles should provide a direct route to service and loading dock areas, while avoiding movement through parking areas.

(8)

Paving. Reduction of impervious surfaces through the use of interlocking pavers is strongly encouraged for areas such as remote parking lots and parking areas for periodic uses.

(o)

Architectural standards. A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character.

(1)

Guidelines for existing structures.

a.

Existing structures, if determined to be historic or architecturally significant, shall be protected from demolition or encroachment by incompatible structures or landscape development.

b.

The U.S. Secretary of the Interior's Standards for Rehabilitation of Historic Properties shall be used as the criteria for renovating historic or architecturally significant structures.

(2)

Guidelines for new structures.

a.

Height. New structures within a traditional neighborhood development shall be no more than three (3) stories for single-family residential, or five (5) stories for commercial, multifamily residential, or mixed use.

b.

Entries and facades.

1.

The architectural features, materials, and the articulation of a facade of a building shall be continued on all sides visible from a public street.

2.

The front facade of the principal building on any lot in a traditional neighborhood development shall face onto a public street.

3.

The front facade shall not be oriented to face directly toward a parking lot.

4.

Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences.

5.

For commercial buildings, a minimum of fifty (50) percent of the front facade on the ground floor shall be transparent, consisting of window or door openings allowing views into and out of the interior.

6.

New structures on opposite sides of the same street should follow similar design guidelines. This provision shall not apply to buildings bordering civic uses.

(3)

Guidelines for garages and secondary dwelling units. Garages and secondary dwelling units may be placed on a single-family detached residential lot within the principal building or an accessory building provided that the secondary dwelling unit shall not exceed eight hundred (800) square feet.

(4)

Guidelines for exterior signage. A comprehensive sign program is required for the entire traditional neighborhood development which establishes a uniform sign theme. Signs shall share a common style (e.g., size, shape, material). In the mixed use area, all signs shall be wall signs or cantilever signs. Cantilever signs shall be mounted perpendicular to the building face and shall not exceed eight (8) square feet.

(5)

Guidelines for lighting.

a.

Street lighting shall be provided along all streets. Generally more, smaller lights, as opposed to fewer, high-intensity lights, should be used. Street lights shall be installed on both sides of the street at intervals of no greater than seventy-five (75) feet. Street lighting design shall meet the minimum standards developed by the Illumination Engineering Society.

b.

Exterior lighting shall be directed downward in order to reduce glare onto adjacent properties.

(6)

Landscaping and screening standards. Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas. Where screening is required by this ordinance, it shall be at least three (3) feet in height, unless otherwise specified. Required screening shall be at least fifty (50) percent opaque throughout the year. Required screening shall be satisfied by one (1) or some combination of a decorative fence not less than fifty (50) percent opaque behind a continuous landscaped area, a masonry wall, or a hedge.

a.

Street trees. A minimum of one (1) deciduous canopy tree per forty (40) feet of street frontage, or fraction thereof, shall be required. Trees can be clustered and do not need to be evenly spaced. Trees should preferably be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. If placement of street trees within the right-of-way will interfere with utility lines, trees may be planted within the front yard setback adjacent to the sidewalk.

b.

Parking area landscaping and screening.

1.

All parking and loading areas fronting public streets or sidewalks, and all parking and loading areas abutting residential districts or uses, shall provide:

(i)

A landscaped area at least five (5) feet wide along the public street or sidewalk.

(ii)

Screening at least three (3) feet in height and not less than fifty (50) percent opaque.

(iii)

One (1) tree for each twenty-five (25) linear feet of parking lot frontage.

2.

Parking area interior landscaping. The corners of parking lots, "islands," and all other areas not used for parking or vehicular circulation shall be landscaped. Vegetation can include turf grass, native grasses or other perennial flowering plants vines, shrubs or trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking.

3.

In large parking lots containing more than two hundred (200) spaces, an additional landscaped area of at least three hundred (300) square feet shall be provided for each twenty-five (25) spaces or fraction thereof, containing one (1) canopy tree. The remainder shall be covered with turf grass, native grasses or other perennial flowering plants, vines or shrubs.

c.

Installation and maintenance of landscaping materials.

1.

All landscape materials shall be installed to current industry standards.

2.

Maintenance and replacement of landscape materials shall be the responsibility of the property owner. Landscape maintenance should incorporate environmentally sound management practices, including the use of water and energy-efficient irrigation systems such as drip irrigation, and pruning primarily for plant health and public safety, replacing dead materials annually.

3.

Materials. All plant materials must meet the minimum standards set by the American National Standards Institute in ANSI Z60.1 American Standard for Nursery Stock. Landscape species shall be indigenous or proven adaptable to the climate, but shall not be invasive species. Plant materials shall comply with the following standards.

4.

Minimum plant size shall be as specified as follows (for the purpose of determining tree trunk size, the diameter shall be measured six (6) inches above ground level):

(i)

Plant type minimum size;

(ii)

Evergreen tree six (6) feet in height;

(iii)

Deciduous canopy tree twenty-two (22) inches caliper at dbh*;

(iv)

Small deciduous tree twelve (12) inches caliper at dbh*;

(v)

Evergreen or deciduous shrubs eighteen (18) to twenty-four (24) inches in height *dbh = diameter at breast height;

(vi)

Landscape materials shall be tolerant of specific site conditions, including but not limited to heat, drought and salt;

(vii)

Existing healthy plant material may be utilized to satisfy landscaping requirements, provided it meets the minimum plant size specified above;

(viii)

Landscape materials that are used for screening shall be of a size that allows growth to the desired height and opacity within two (2) years.

(Ord. No. 2010-09-743, 9-7-10)

(a)

Purpose. The purpose of this district is to provide for modern, attractive, and efficient retail, personal, and professional commercial facilities with access needs which demand location along major arterial roadways. Uses permitted in this district are frequently automobile-oriented, and, as such, this district is most appropriately located along or at intersections of urban arterial or collector roadways, as identified on the general development plan. Also, since these corridors are major entryways and focal points in the city, landscape and buffer standards are instituted to provide commercial development which is more compatible and visually pleasing with adjacent residential areas. A preliminary site plan for the development of the entire area is required, but the development may occur in stages.

(b)

Permitted uses. No specific uses are specified for C-4 planned commercial zone. The applicant for a planned commercial district shall submit a list of uses which will be permitted. The planning commission may delete certain requested uses where it has been determined that the proposed use will not be compatible with surrounding area or will be in conflict with the General Development Plan of the City of Batesville.

(c)

Prohibited uses. Uses specifically prohibited in the C-4 planned commercial district shall be as follows:

(1)

Adult entertainment;

(2)

Night clubs, bars and taverns;

(3)

Salvage yards;

(4)

Outside storage.

(d)

Preliminary site plan required. The "C-4" planned commercial district shall be established only upon application, after public hearing as specified in the amendatory procedures of article XVIII, and shall require an approved plan as provided below in order to provide for modern commercial centers of integrated design.

(1)

Site plan information. A preliminary site plan shall be prepared and submitted to the planning commission. The preliminary site plan shall be drawn to a scale of not less than two hundred (200) feet to the inch and shall include the following information:

a.

Property boundary lines and dimensions, topography (five-foot contour intervals), location map.

b.

Arrangement and size of buildings and the general use of the property.

c.

Areas to be developed for parking, unloading, drives, walkways, recreation, or other uses.

d.

A general grading and landscape plan including the location of major existing growth that is to be retained. The landscape plan shall include specific information pertaining to bufferyards and required landscaped areas.

e.

General locations and types of utilities and easements including storm drainage as well as general details of all surfaced areas.

f.

Estimates of traffic volumes and movements to and from the completed project from the boundary streets.

g.

A preliminary time schedule for completion of the entire project.

h.

A statement regarding the proposed method of operating and maintaining the project.

i.

A statement of financial responsibility to assure construction of the planned district within the proposed time schedule.

(2)

Site development regulations. The following minimum development standards shall be observed in the "C-4" planned commercial district:

(e)

Landscaped bufferyard requirements. In addition to the requirements of article XI, of this chapter, the following landscape bufferyards shall be provided in the C-4 district, provided, however, that if the provisions of article XI differ from these requirements, the more restrictive requirement shall apply:

(f)

Additional landscaping requirements. In addition to the landscape material requirements provided in this ordinance, the following landscaping materials shall be required of all developments in the "C-4" district:

(1)

For lots equal to twenty thousand (20,000) square feet or less in area, a minimum of one thousand (1,000) square feet of permanently landscaped area shall be provided on a lot (exclusive of the required bufferyards).

(2)

For lots of greater than twenty thousand (20,000) square feet in area, a minimum of five (5) percent of the lot area shall be permanently maintained landscaped area (exclusive of the required bufferyards).

(3)

For every five hundred (500) square feet of landscaped area on a lot/site, a minimum of one (1) medium deciduous or ornamental tree shall be provided (exclusive of the required bufferyard landscape requirements).

(g)

Visibility areas at entrances/intersections. The design and placement of the landscaping materials within the parking areas and front lot line and side lot line bufferyards will be at the discretion of the owner; provided, however, the landscaping shall not obstruct the view between access drives and public streets. When an access drive intersects a public street, all landscaping within the areas described below shall provide unobstructed cross-visibility at a level between thirty (30) inches and seven (7) feet above existing street grade. The sight visibility area is defined as the area formed from the intersection point of the proposed access drive and the public right-of-way for a distance of thirty-five (35) feet in all directions from said intersection point.

(h)

Traffic access control standards. In order to promote the safety of the motorist and pedestrian and to minimize traffic congestion and conflict by reducing the points of contact, the following regulations shall apply:

(1)

Maximum width of driveway opening at property line: Thirty-five (35) feet.

(2)

Minimum throat length of driveway (measured from property line to first parking aisle): Fifty (50) feet for access to "urban arterial," thirty (30) feet for all other public rights-of-way.

(3)

Location of driveways. Driveways shall be so located that vehicles entering or leaving the establishment will not interfere with the free movement of traffic or create a hazard on the public right-of-way. Where feasible, they shall be located where there are not sharp curves and steep grades and where sight distance is adequate for safe traffic operation. Driveways should not be located within intersections, interchanges, or on highways immediately approaching them. They shall be so located that they will not interfere with the placement of signs, signals, or other devices that affect traffic operation.

All proposed developments shall utilize the rules for curb cuts contained in the City of Batesville Design Standards.

(i)

Review and approval.

(1)

The planning commission shall study the preliminary plan and supporting data and may make suggestions for changes and adjustments. Upon receipt of the approved preliminary plan, the owner may proceed with final plans and specifications for all or for any portion of the project that is agreed upon. The final plans and specifications shall be reviewed and approved by the commission. No building permit shall be issued until a final plat of the proposed development, or portion thereof, is approved, filed, and recorded.

(2)

Modification of site plan. The planning commission may require modification of a site plan as a prerequisite for approval. Required modifications may be more restrictive than district regulations and may include, but not be limited to, provision for additional bufferyards, landscaping and screening, installation of erosion control measures, improvement to access and circulation systems, rearrangement of structures or uses within the site, and location and character of signs and other modifications deemed necessary to ensure compatibility with the surrounding environment and to protect public health, safety and welfare.

(3)

Lapse of approval. A site plan approval shall become void two (2) years after the date on which the approval became effective unless the applicant receives a building permit and diligently carries out construction prior to expiration of that period, or a specific time extension is requested of and approved. A site plan approval may establish a longer effective period as a specific condition of the application. The planning commission may grant a one-year extension of a site plan approval, provided that the applicant files a written request for an extension stating the reasons for the request prior to the date of expiration of the approval.

(4)

Modification of site plan approval. The planning commission may approve an application for modification of a previous site plan approval if it is determined that the modification does not affect findings relating to the criteria described herein, leading to the original approval.

(5)

New applications following denial or revocation. No application for approval of the same or substantially the same site may be filed within one (1) year of the date of denial of a site plan review by the planning commission.

(6)

Approval to run with the land. A site plan approval pursuant to these provisions shall run with the land and shall continue to be valid upon change of ownership of the site or structure that was the subject of the application.

(7)

Site plans approved under prior regulations. Any site plan approved administratively or approved by ordinance under regulations in effect before the effective date of this regulation shall be considered an approved site plan subject to any conditions imposed at the time of original approval. A pre-existing site plan approval shall be subject to the provisions of this section regarding lapse of approval, modification or revocation.

(Ord. No. 2010-09-743, 9-7-10)