The purpose of the Planned Unit Development Regulations is to allow more creative and imaginative design for land development than is possible under the underlying zoning district regulations. In this regard, the bulk and use regulations of any district may be modified within a Planned Unit Development to preserve the natural site qualities, include urban amenities, create more open space and greater aesthetics and facilitate an overall higher quality project.

A.

The following objectives are sought through the use of the Planned Unit Development procedure:

1.

To permit a creative approach to the use of land and related physical facilities that results in better design and development, with the inclusion of aesthetic amenities.

2.

To encourage a pattern of development to preserve natural vegetation, topographic and geological features and environmentally appropriate features.

3.

To create a method for the permanent preservation of common open space for the continued use and enjoyment of the residents of the development.

4.

To provide for more usable and suitably located recreation facilities and other public and private facilities.

5.

To encourage a land use that promotes the public health, safety, comfort, morals and welfare.

6.

To encourage building design, materials, and construction that promote a quality image now, and in the future, enhance the overall.

B.

The Planned Unit Development is intended to provide for projects incorporating a single type or a variety of related uses which are planned and developed as a unit. The Planned Unit Development should provide amenities not otherwise required by law and often establishes facilities and open space greater than the minimums required by law.

C.

The unique and substantially different character of Planned Unit Developments requires their administrative processing as a "conditional use." Planned Unit Developments are more complex and of a different character than other conditional uses requiring the establishment herein of specific and additional procedures, standards and exceptions to guide the recommendations of the Zoning Commission and the action of the City Council.

D.

The approval of a Planned Unit Development is within the discretion of the City Council.

A Planned Unit Development may be granted as a conditional use in accord with the procedures and standards of this Section and may depart from the normal procedures, standards and other requirements of the other sections of this Zoning Code. Applications shall be made as hereinafter provided and shall be accompanied by the required plats and documents. Detailed plans, drawings and other information as specified by this Zoning Code shall be required at the time of the various meetings and hearings. Each step shall be reviewed and certified by the Zoning Administrator as being in accordance with the Planned Unit Development requirements.

A.

Pre-application Procedure:

1.

Pre-Application Conference with the Zoning Administrator. Prior to the filing of an application for approval of a Planned Unit Development, shall meet with the Zoning Administrator to discuss the proposed development. The Zoning Administrator should offer comments to the developer in an effort to make the development more compatible with surrounding uses, the purposes of Planned Unit Developments and the goals of the Master Land Use Plan. Additionally, the Zoning Administrator may bring in the Central's engineering, planning, legal and other consultants to review and comment on the proposed development.

2.

Optional Pre-Application Conference with the Zoning Commission. Prior to the filing of an application for approval of a Planned Unit Development, the developer may request an informal meeting with the Zoning Commission to discuss the development of their land and submit an informal proposal therefore. This Pre-Application Conference shall be a part of a regularly scheduled Zoning Commission meeting and shall be open to the public. The application shall be accompanied by a fee which shall be established by the City Council from time to time. The Pre-Application Conference is not mandatory. It is intended that the informal proposal submitted will be in preliminary conceptual form, and the substance and detail of the matters presented shall, beyond complying with Subsection 14.5A, be largely within the discretion of the developer. The Zoning Commission may request the submission of other specified information or documentation. The purpose of the conference shall be informal communication, information and discussion, and no commitments shall be given, nor shall statements or opinions of the Zoning Commission members be deemed binding. No recommendations need be made to, or acted upon by the City Council.

B.

Preliminary Plat Procedure:

1.

Purpose. The purpose of the Preliminary Plat is to obtain tentative approval and/or commitments from the City that the plans, design and program that the developer intends to build and follow are acceptable, and that the developer can reasonably proceed into final detailed architecture, engineering, surveying and landscape architecture in anticipation of Final Development Plan approval and subsequent construction. This is a relatively detailed submission that assures the developer that his Zoning is acceptable and that he can invest the money necessary to prepare final plans with the assurance that the Final Development Plan and Construction plans will be accepted if they substantially conform to the Preliminary Plat and plans. It is at this stage that final modifications, adjustments and interpretations are made to the conceptual plan.

2.

Procedure. A request for Preliminary Plan Approval of the Planned Unit Development shall be submitted to the Zoning Administrator who shall refer same to the Zoning Commission for a public hearing and report and recommendation as to whether or not the City Council should approve the Preliminary Plan. The required procedure for review of the Preliminary Plan shall be:

a.

Submission of the following:

(i)

Application for review of a Planned Unit Development Preliminary Plan including all information and materials required in Subsection 14.5B. Five copies of all required information shall be submitted.

(ii)

The application shall be accompanied by a fee which shall be established by the City Council from time to time and a signed agreement that the Applicant will reimburse the City for all fees incurred by the City for any consulting planners, engineers or legal review of the proposed development.

b.

Prior to the Zoning Commission hearing, the developer and his engineer shall have a development review meeting with the Development Review Committee (i.e. Planning and Zoning Staff, Department of Public Works Director, the City's engineer and Mayor's Office representative) to discuss the proposed development and the condition of drainage, water, sewer and traffic conditions in the area. After the development review meeting, the developer shall have 15 days to provide four copies of revised plans addressing the comments and concerns expressed at the development review meeting.

c.

The Zoning Commission shall hold a public hearing on the application for a Planned Unit Development, in accordance with the procedures of the Zoning Code applicable to Conditional Uses. However, the Zoning Administrator may require mailed notice to be given to residents beyond 300 feet in any direction if he/she deems it necessary and reasonable because of the size or nature of the development, unusual configuration of the property involved, or any other reason likely to result in a direct impact of the development on residents beyond 300 feet.

d.

Following the public hearing on the Preliminary Planned Unit Development Plan and supporting data, the Zoning Commission shall, within 45 days, unless an extension is requested by the Applicant, submit Findings of Fact and a written recommendation for approval, modification or disapproval, and the reasons therefore, or indicate why a report cannot be rendered to the City Council at that time.

e.

The City Council, after receipt of the Findings of Fact and Recommendation from the Zoning Commission, shall approve, modify or disapprove the Preliminary Plan within a period of 45 days, unless an extension is requested by the Applicant. In the case of approval, or approval with modification, the City Council shall pass an ordinance granting the conditional use and indicate their approval of the Plan and arrange zoning map modifications as necessary. The City Council may require such special conditions as they may deem necessary to insure conformance with the intent of the planning objectives of the City and the stated purposes of the Planned Unit Development.

f.

Approval of a Preliminary Planned Unit Development Plan shall not constitute approval of the Final Development Plan. Rather, it shall be deemed an expression of approval to the layout submitted on the Preliminary Plan as a guide to the preparation of the Final Development Plan which will be submitted for approval of the City and subsequent recording upon the fulfillment of the requirements of these regulations and conditions of the preliminary approval, if any. The Final Development Plan shall be approved if it conforms to the Preliminary Plan. The Preliminary Plan and Final Development Plan may be filed and approved simultaneously or the Final Development Plan may be filed and approved without a Preliminary Plan if all of the land is to be developed at one time, and if all requirements of both the Preliminary Plan and Final Development Plan procedures are met. No building permit shall be issued for any structure until the Final Development Plan has been filed, approved and recorded.

g.

The approval of the Preliminary Development Plan shall, unless extended by the City Council prior to expiration, expire three years after the effective date ordinance approving the Preliminary Development Plan.

C.

Final Development Plan Procedure:

1.

Purpose. The purpose of the Final Development Plan is to designate with particularity the land subdivided into conventional lots as well as the division of other lands not so subdivided, into common open space and building sites. The Final Development Plan is intended as a document to be recorded. The Final Development Plan shows the exact location of facilities while the Preliminary Plat shows the general location of the same facilities.

2.

Procedure. The Final Development Plan shall be submitted as a Planned Unit Development Plat and shall conform substantially to the Preliminary Plat as approved and, if desired by the developer, may be submitted in stages with each stage reflecting the approved Preliminary Plat which is proposed to be recorded and developed; provided, however, that such portion conforms to all requirements of these regulations. The required procedure for approval of a Final Development Plan shall be:

a.

The Final Development Plan and supporting data required in Subsection 14.5C shall be submitted, with appropriate comments by the Zoning Administrator, to the Zoning Commission for certification that the Final Development Plan and other required documentation are in conformity with the Zoning Code, and consistent with the approved Preliminary Plat and with any documentation corollary thereto, and conditions of approval thereof, and further for review and recommendation at a public hearing of all architectural, landscaping, and any other aesthetic or other matters remaining to be approved after the Preliminary Plat stage. The application shall include fees established by the City Council.

b.

After review of the Final Development Plan, the Zoning Commission shall, within 45 days, unless extension is required by the Applicant, recommend approval or disapproval, and the reasons therefore, to the City Council.

c.

The City Council, after receipt of the Final Development Plan from the Zoning Commission, shall approve or disapprove the Final Development Plan within a period of 45 days, unless an extension is requested by the Applicant; and if approved, shall pass an ordinance authorizing the Planned Unit Development and allowing the issuance of all necessary permits.

d.

Permits are to be issued only after the Final Planned Unit Development Plan and supporting data have been recorded with the Parish Clerk's office and shall be issued in full conformance with this Zoning Code. Proof of the recording of the Final Plat shall be provided to the Zoning Administrator; however, the Zoning Administrator may authorize the issuance of permits for public improvements prior to recordation of the Final Plat, upon application of the developer and good cause shown. Any permits issued prior to approval of the Final Planned Unit Development Plat are at the Applicant's sole risk.

e.

Recording the Final Plan. The Ordinance authorizing construction of the Planned Unit Development shall be effective only upon recording of the Final Planned Unit Development Plan and supporting data with the Parish Clerk. The recording of the Final Plan shall inform all who deal with the Planned Unit Development of the restrictions placed upon the land and act as a zoning control device.

f.

Submission Requirements. The Final Development Plan must be submitted for approval in accordance with the scheduling approved by the Zoning Commission. Construction, as authorized by the issuance of a building permit or notice to proceed, must begin within six months of the date of the approval of the Final Development Plan dealing with such construction. In the event that same is not done, the Planned Unit Development Conditional Use shall be null and void. If the development falls more than six months behind the building schedule filed with the Final Development Plan, the City Council shall either extend the schedule period or initiate action to revoke the Planned Unit Development Conditional Use. Extensions in the development schedule for six month period may be recommended by the Zoning Commission and granted by the City Council.

g.

Occupancy. Upon the completion of the Planned Unit Development, a portion thereof, or an individual building or element of the Planned Unit Development in full compliance with the Final Development Plan and supporting data, and following submission and approval of the Final Plat and Subdivision Restrictions which are required to be filed with the Parish Clerk of Court, then and only then may an Occupancy Permit be issued by the Zoning Administrator to allow the use of a building or facility.

(Ord. No. 2024-19, 6-6-2024)

The Planned Unit Development project shall be developed only according to the ordinance approving the Final Development Plan and all supporting data. The ordinance and supporting data together with all amendments shall be binding on the Applicants, their successors, grantees and assigns and shall limit and control the use of premises and location of structures in the Planned Unit Development project as set forth therein. Changes to the approved and recorded Planned Unit Development may be made, as follows:

A.

Major Changes. Changes which are not listed as minor changes in section 14.3 B. below. Such may be approved only by submission of a new Final Planned Unit Development Plan and supporting data.

B.

Minor Changes. The Zoning Administrator may approve only the following enumerated minor changes in the Planned Unit Development:

1.

Changes in amenity locations within approved common areas.

2.

Road alignments due to locations of utilities or wetlands, or to preserve trees.

3.

Landscape changes in accordance with section 7:18.6 of the Development Code.

4.

Changes in parking space configuration.

5.

Less than a ten percent change in the number of parking spaces.

6.

Less than a five percent change in the floor area of a nonresidential structure.

7.

Changes that decrease the number of approved residential lots in a Planned Unit Development; either increasing the lot area of some or all of the proposed remaining lots or increasing the size of the common areas, provided any deviations to the bulk requirements of the underlying zoning district are not greater than those in the approved and recorded Planned Unit Development Plan.

(Ord. No. 2019-24, 7-9-2019; Ord. No. 2020-05, 1-28-2020)

Planned Unit Developments are authorized as a Conditional Use in every zoning district.

The Planned Unit Development Plan and supporting data shall include at least the following information by the Zoning Commission:

A.

Pre-Application (Optional) Stage:

1.

General Site Information. Data regarding the site conditions, land characteristics, available community facilities and utilities, existing servitudes and covenants, and other related information.

2.

Sketch Plan. A drawing showing the proposed location and extent of the land uses, streets, lots and other features.

3.

Description: A complete property survey and legal description of the site proposed for development.

4.

The developer shall submit this information to the Zoning Administrator for review so that staff may become familiar with the proposal at least one week prior to the Zoning Commission meeting.

B.

Preliminary Plat Stage:

1.

Detailed Plan. A drawing of the Planned Unit Development shall be prepared at a scale of not less than one inch to one hundred feet (1" = 100') and shall show such designations as proposed streets (public and private), all buildings and their use, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

a.

Boundary lines: bearings and distance.

b.

Easements: location, width and purpose.

c.

Streets on and adjacent to the tract street names, right-of-way widths, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.

d.

Utilities: A preliminary engineering study providing information on existing and proposed sanitary, storm, water and other utilities necessary to adequately service the development

e.

Ground elevations on the tract

f.

Other conditions on the tract: watercourses, flood plains, marshes, rock outcrops, wooded areas, isolated preservable trees with a diameter of one foot or more, houses, accessory buildings, and other significant features

g.

Other conditions on adjacent land: approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers, and other nonresidential land uses or adverse influences; owners of adjacent un-platted land; for adjacent platted land refer to subdivision plat by name, and show approximate percent built-up, typical lot size and dwelling type

h.

Zoning districts on and adjacent to the tract

i.

Proposed public improvements: highways or other major improvements planned by public authorities for future construction on or near the tract

j.

Open Space: all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated. All Developments shall have at least ten percent of the acreage (not counting retention ponds) as open space

k.

Structures and Density: general location, purpose and height, of each building. In a residential only development, the density calculation shall be made considering only the developable portion of the development parcel, not including the required open space, wetlands or retention ponds. However, the City will consider a portion of the required open space in the density calculation if the proposed development contains significant additional open space and may choose to allow greater density when the required open space is improved with either active or passive recreational amenities, (Appendix I). In a mixed use development, residential densities shall be calculated considering only the residential portion of the development (along with the percentage of required open space attributable to the residential portion)

l.

Map Data: name of development, name of site planner, north point, scale, date of preparation, and acreage of site

m.

Such additional information as may be required by the Zoning Commission.

2.

Objectives. A statement of planning objectives to be achieved by the Planned Unit Development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.

3.

Ownership. Statement of present and proposed ownership of all land within the project, including present tract designation according to official records in offices of the Parish Clerk's office. If legal title to the property is in trust, then a statement of the names and percentage of interest of all the beneficiaries shall be submitted. If legal title to the property is in a corporation, limited partnership or other legal entity, then a statement of the names of all persons or entities owning ten percent or more of the stock or other ownership interest shall be submitted.

4.

Schedule. Development schedule indicating:

a.

Stages in which project will be built with emphasis on area, density, use and public facilities such as open space to be developed with each stage. Overall design of each stage shall be shown on the plat and through supporting graphic material.

b.

Approximate dates for beginning and completion of each stage.

5.

Covenants. Proposed agreements, provisions or covenants which will govern the use, maintenance and continued protection of the planned development and any of its common open space. Said covenants shall be reviewed and approved by the City Attorney prior to recordation.

6.

Density. Provide information on the Net Density of residential uses including the number of dwelling units per acre, the number of dwelling units by type, the number of buildings by type, and the number of bedrooms in each dwelling unit type.

7.

Non-Residential Use. Provide information on the type and amount of ancillary and non- residential uses, including the amount of common open space.

8.

Service Facilities. Provide information on all service facilities and off-street parking facilities.

9.

Architectural Plans. Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design of the building, and the number, size and type of dwelling units. Also, provide floor area of building types and total ground coverage and height of buildings.

10.

Landscape Plans. Preliminary plans for vegetation, earth sculpturing, berming and aesthetic features shall be submitted.

11.

Facilities Plans. Preliminary plans or information, adequate to indicate that the proposed development can be serviced, shall be submitted for:

a.

Roads including classification, width of right of way, width of pavement and typical construction details.

b.

Sanitary sewers.

c.

Storm drainage.

d.

Water supply system.

e.

Lighting programs.

f.

Sidewalks, paths and trails.

12.

Stormwater Management Plan and stream setbacks, in accordance with Title 7, Chapter 15 of this Code.

13.

Traffic Impact Study. Provide information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the PUD. Also, an analysis should be made of the adequacy of the internal vehicular circulation pattern.

14.

School Impact Study. At the request of the Zoning Administrator, provide information on the student load and financial impact on the local schools and district(s), including expected scheduling of potential students. For proposed developments with over 100 residential units and commercial developments of more than 200,000 square feet:

15.

Tax Impact Study. If requested by the Zoning Administrator, provide information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary service to the project.

16.

Market Study. If requested by the Zoning Administrator, provide an economic feasibility study of the proposed development, including information on land utilization and marketing potential. Evidence should be presented showing the need for and feasibility of the proposed development.

17.

Master Plan Context Analysis (completed by City of Central). The City of Central shall provide a context analysis of the proposed development on the City of Central, including information on how the proposed development aligns with the development policies outlined in the City's Master Plan. Upon completion of the analysis, and no more than 60 days after submission of the original PUD application, the City shall provide the analysis to the Planning Commission for review before a hearing is held.

C.

Final Development Plan Stage:

1.

Final Detailed Plan. A Final Planned Unit Development Plan shall be prepared and submitted to the Zoning Commission for approval. The purpose of the Final Development Plan is to designate with particularity the land subdivided into conventional lots as well as the division of other land not so treated, into common open areas and building areas. The Final Development Plan shall include, but not be limited to:

a.

An accurate legal description of the entire area under immediate development within the Planned Development.

b.

A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.

c.

An accurate legal description of each separate unsubdivided use area, including common open space.

d.

Designation of the exact location of all buildings to be constructed.

e.

Tabulation on separate unsubdivided use area, land area, number of buildings, number of dwelling units, and dwelling units per acre.

2.

Common Open Space Documents. All Common Open Space may be either conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the Planned Development or retained by the developer. In any event, the Zoning Commission may require legally binding covenants and other guarantees, in a form approved by the City Attorney, that the common open space will be permanently preserved as an open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to the right of said corporation to impose a legally enforceable lien against the individually owned property in the Planned Unit Development for maintenance and improvement of the common open space. Such documents shall also provide that the City shall have the right, but not the obligation, to perform necessary maintenance of the common open space, and shall have a lien against the individually owned property in the Planned Unit Development for the costs thereof.

3.

Public and Quasi-Public Facilities. All public and quasi-public facilities and improvements made necessary as a result of the Planned Unit Development shall be either constructed in advance of the approval of the Final Plat pursuant to a permit duly obtained, or a letter of credit in a form approved by the City Attorney shall be posted to guarantee construction of the required improvements. The letter of credit, payable to the City, shall be sufficient to cover the full cost of the improvements as estimated by the City, plus ten percent. Detailed construction plans shall be submitted for all public and quasi-public facilities to be built. Public and quasi-public facilities shall include, but not be limited to roads, curbs, gutters, sidewalks, street lights, street signs, water, sewer improvements or open spaces, recreational facilities, landscaping and public parking facilities.

4.

Detailed Site Plans. Detailed plans shall be submitted for the design, construction or installation of site amenities; including buildings, landscaping, lakes and other site improvements.

5.

Development Schedule. A final construction schedule shall be submitted for that portion of the Planned Unit Development for which approval is being requested.

6.

Guarantee Deposit. A deposit shall be made to the City in cash, letter of credit or maintenance bond in a form approved by the City Attorney, equal to ten percent of the estimated cost of public facility installations. This deposit shall be a guarantee of satisfactory performance of the facilities constructed within the Planned Unit Development and shall be held by the City for a period of 18 months from the date of acceptance of the facilities by the City. After 18 months, the deposit shall be refunded if no defects have developed. If any defects have developed, then the balance of such deposit, if any, shall be refunded after reimbursement for amounts expended in correcting defective facilities.

7.

Covenants. Final agreements, provisions or covenants which will govern the use, maintenance and continued protection of the Planned Unit Development shall be submitted to the City Attorney for review and approval. Said covenants shall be recorded in the East Baton Rouge Conveyance Records after written approval of the City Attorney.

8.

Stormwater Management Plan and stream setbacks, in accordance with Title 7, Chapter 15 of this Code.

(Ord. No. 2017-15, 6-22-2017; Ord. No. 2019-47, 12-13-2019; Ord. No. 2024-18, 7-15-2024)

The Planned Unit Development must meet the following standards:

A.

Size and Ownership: The site of the Planned Unit Development must be under single ownership and/or unified control and be not less than two acres.

B.

Compatibility: The Planned Unit Development shall be demonstrated by developer to be of a type, and to be so located as to exercise no undue detrimental influence upon surrounding properties, and to be compatible with surrounding uses. In determining compatibility of proposed residential development, the City shall use the Net Density Calculator, (Appendix I).

C.

Need: A showing of the desirability of the Zoning and its benefit to the community must be made.

D.

Yards: The required yards along the periphery of the Planned Unit Development shall be at least equal in width or depth to that of the adjacent zoning district or districts. Buildings of more than 24 feet in height shall provide a setback from any property line of not less than equal to the height of such buildings.

E.

Parking Requirements: Adequate parking shall be provided as required by this Zoning Code.

F.

Traffic: Adequate provision shall be made to provide ingress and egress so designated as to minimize traffic congestion on the public streets and promote safety.

G.

Other Standards: The Planned Unit Development may depart from strict conformance with the required density, dimension, area, height, bulk, use and other regulations for the zoning district in which the property is located, so long as the Planned Unit Development will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare.

Prior to approval of any PUD, the Zoning Commission may recommend and the City Council may require, such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the Planned Unit Development as deemed necessary for the protection of the public interest, protection of the adjacent area, and to secure compliance with the standards specified in Section 14.6. In all cases in which PUD are approved, the City Council shall require such evidence and guarantees as it may deem necessary as proof that the conditions stipulated in connection therewith are being, and will be, complied with.

A.

Purpose. The purpose of a Traditional Neighborhood Development ("TND") is to encourage mixed-use, compact development and facilitate the efficient use of services. A TND diversifies and integrates land uses within close proximity to each other, and it provides for the daily recreational and commercial needs of the residents. A TND is a sustainable, long-term community that provides economic opportunity and environmental and social equity for the residents. This Section is intended to encourage its use by providing incentives, rather than prohibiting conventional development. A TND:

1.

Is designed for the human scale;

2.

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

3.

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

4.

Coordinates transportation systems with a hierarchy of appropriately designed improvements for pedestrians, bicycles, and vehicles, which incorporates a system of relatively narrow, interconnected streets, roads, drives, and other thoroughfare types, and provides for the connections of those thoroughfare types to existing and future developments;

5.

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

6.

Incorporates environmental features into the design;

7.

Provides a range of open space configured by squares, plazas, greens, landscaped streets, preserves, greenbelts and parks woven into the pattern of the neighborhood;

8.

Incorporates architecture, landscape, lighting and signage standards integrated with the zoning provisions that respond to the unique character of the region; and

9.

Provides an increased range of options than are allowed by conventional zoning.

B.

Overview.

1.

A TND consists of an area of not less than 50 contiguous acres. TND property is considered contiguous, even if separated by a public roadway.

2.

A TND is divided into at least two types of areas, and each type of area has different land use and site development regulations. A TND must have one Neighborhood Center Area (also sometimes referred to as Town Center or Village Center) and at least one Mixed Residential Area. A TND may also have a Neighborhood Edge Area, Civic Spaces and Green Spaces.

3.

A "Neighborhood Center Area" serves as the focal point of a TND, containing retail, commercial, civic, and/or public services to meet the daily needs of community residents. A "Neighborhood Center" is pedestrian-oriented; designed to encourage pedestrian movement. A square may be located in a Neighborhood Center Area. Retail and commercial uses should generally be located adjacent to a square. The Neighborhood Center uses include retail shops, restaurants, offices, banks, hotels, post office, governmental offices, churches, community centers, and attached residential dwellings.

4.

A "Mixed Residential Area" includes a variety of residential land uses, including single-family residential, duplex, town home, 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 should include open spaces such as small squares, pocket parks, community parks, and/or greenbelts. A Mixed Residential Area promotes pedestrian activity through well-designed and varied streetscapes that also provide for the safe and efficient movement of both pedestrian and vehicular traffic. Mixed Residential Area Uses include single-family homes, condominiums, town homes, apartments, offices, restaurants, neighborhood scale retail, and civic Uses. Mixed Residential areas often utilize alleys, either public or private. Varying lot sizes are encouraged within the Mixed Residential Area.

5.

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

6.

Large office, low-impact manufacturing uses and industrial uses that are not appropriate for a Neighborhood Center Area or a Mixed Residential Area but will serve the TND's residents may be located in a specified district.

7.

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 TND. Civic space shall be integrated in residential and commercial areas in the TND. TND's shall incorporate civic common open spaces to be maintained by the municipality and/or private open spaces to be maintained by the community or landowners within the TND. 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 shall be designated on the Preliminary Plan.

8.

Open space is a significant part of a TND design. Formal and/or 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.

9.

TNDs are designed to be pedestrian oriented. To accomplish this goal, pattern and design of the various thoroughfare types are used to reduce vehicle travel speeds and encourage pedestrian activity. An interconnected and diverse network of streets, and other thoroughfare types, 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.

10.

Thoroughfares and utilities in a TND shall connect to existing thoroughfares and utilities, or dead-end as stubs intended for connection to future thoroughfares, unless otherwise prohibited by topography, environmental constraints or other considerations.

C.

Application and Approval Process. The application and approval process for a TND is the same as for any other PUD. The design requirements and standards set forth herein are intended to provide a more efficient design and approval process.

D.

TND Design Requirements.

1.

Association.

a.

Conditions, covenants, and restrictions for all the property within a TND shall, after review and approval by the City Attorney, be filed in the East Baton Rouge Parish Conveyance Records by the owner before a lot is sold and/or an occupancy permit is issued.

b.

In addition to other terms and conditions acceptable to the applicant, the conditions, covenants, and restrictions must create one or more property owners association with mandatory membership for each property owner, governed by Articles of Incorporation and Bylaws, which shall:

1.

Be organized by the applicant and operated with a financial subsidy from the applicant before the sale of any lots within the TND;

2.

Provide for the conditions and timing of transferring control of the association from the applicant to the property owners;

3.

Be responsible for maintenance of insurance and taxes on all common open space, enforceable by liens placed on the Association by the appropriate governmental entity(s), as provided in the Association Bylaws;

4.

At all times, cause all owners to have access to the common open space within the TND;

5.

Establish architectural standards that are in conformity with the requirements of this Zoning Code which shall be subject to review and approval by the Board of Directors of the Association or the Architectural Control Committee, as described below;

6.

Create an Architectural Control Committee to review development for compliance with the design standards, to issue certificates of approval, and to review and approve the development's architect, designer, and/or other professionals contributing to the development;

7.

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;

8.

Provide for a maintenance program for all property within the TND, including landscaping and trees within the streetscape;

9.

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

10.

Be effective for a term of not less than 50 years.

2.

Land Use Allocations. Each lot within a TND must be allocated particular permitted land use categories. The identification of permitted land uses within all or a portion of a TND may be made by reference to the zoning districts available within the City. Areas that would permit the sale or consumption of alcohol must be designated on the Preliminary Plan and/or Final Plan or receive a separate Conditional Use permit.

3.

Neighborhood Uses. In order to achieve the proximity necessary to make neighborhoods walkable, it is important to mix land uses throughout the TND and not to completely separate uses. A TND shall consist of a mix of residential uses, a mixed use area, and open space as provided below:

a.

A mix of residential uses. For new construction or infill development, the mix of residential uses may be satisfied by existing residential uses adjacent to the TND by including some and/or all of the following:

i.

Single-family detached dwellings;

ii.

Single-family attached dwellings, including duplexes, town homes, row houses;

iii.

Multi-family dwellings, including senior housing;

iv.

Accessory dwelling units;

v.

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

vi.

Residential units above commercial uses, which shall be considered multi-family units.

b.

Mixed use area, of commercial, residential, civic or institutional, and open space uses as identified below. All residences shall be not more than (approximately) ¼ mile distance from existing or proposed commercial, civic, and or open space areas.

i.

Commercial uses may include the following:

a.

Food services such as but not limited to neighborhood grocery stores, butcher shops, bakeries, restaurants, cafes, coffee shops, neighborhood taverns, bars or pubs, delis and ice cream parlors. Outside dining patios may be permitted, but not including drive-throughs;

b.

Retail uses such as but not limited to florists or nurseries (retail sales only), gas stations, hardware stores, stationery stores, book stores, galleries, studios and shops of artists and artisans, drug stores, apparel, antiques, furniture, music, pets, farmers market, and toys;

c.

Services such as (but not limited to) child care centers; music, dance or exercise studios; offices, including professional and medical offices; financial and banks; laundromats and dry cleaners, educational, salons, health or fitness, tailor shops, repair and service shops;

d.

Accommodations such as small hotels or inns and bed and breakfast establishments; and

e.

Clubs and organizations, including fraternal organizations.

ii.

Residential uses may include the following, for sale or rent:

a.

Single-family attached dwellings, including duplexes, town homes, row houses;

b.

Multi-family 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; and

e.

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

iii.

Civic or institutional uses may include the following:

a.

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

b.

Places of worship;

c.

Transit shelters;

d.

Philanthropic institutions; and

e.

Educational facilities.

iv.

Office which may include the following:

a.

Art galleries and studios;

b.

Banks;

c.

Child care centers;

d.

Clubs;

e.

Offices; and

f.

Medical clinics.

v.

Open space uses may include the following:

a.

Central square;

b.

Neighborhood parks;

c.

Recreational facilities; and

d.

Playgrounds.

c.

Open Space. Uses identified below should be incorporated in the TND as appropriate. Large outdoor recreation areas (such as playgrounds and fields, not large neighborhood centers) should be located at the periphery of neighborhoods rather than central locations. Common Open Space is more particularly described below.

i.

Environmental corridors dedicated for preservation;

ii.

Protected natural areas dedicated for preservation;

iii.

Community parks;

iv.

Streams, ponds, and other water bodies.

4.

Dwelling Unit Density. The number of residential dwelling units and the amount of nonresidential development, excluding open spaces, shall be determined as follows, provided that single-family detached dwellings shall account for at least 50 percent of the total number of residential units in the TND:

a.

In areas devoted to mixed residential uses:

i.

The number of single-family attached and detached units permitted shall be consistent with the density permitted in most similar residential zoning district and the residential density calculated by using Appendix I;

ii.

The number of Multi-Family units shall be compatible with the density permitted in the R-3 district and the residential density calculated by using Appendix I;

iii.

Accessory Dwelling Units may be permitted in areas devoted to detached single-family residences in addition to the number of dwelling units authorized under this Section; however, the total number of ADUs shall not be more than 20 percent of the total number of single-family detached units.

b.

In mixed-use areas:

i.

The number of single-family and multi-family dwelling units permitted shall be calculated the same as above plus an additional number of units not to exceed ten percent of the amount permitted above.

ii.

All dwelling units constructed above Commercial Uses shall be permissible in addition to the number of dwelling units authorized by this Section; however, the total number of dwelling units shall not be increased by more than ten dwelling units or ten percent, whichever is greater.

iii.

The total ground floor area of nonresidential development uses, including off-street parking areas shall not exceed 25 percent of the TND.

5.

Additional Common Open Space Requirements. At least 20 percent of the gross acreage of the TND must be Common Open Space. Ninety percent of the Lots within the areas devoted to residential and mixed residential uses shall be within approximately ¼ mile distance from Common Open Space.

a.

The following uses may account for Common Open Space with the stated limitations:

i.

Parks, open greenbelt areas, and other recreational space which are readily accessible must account for not less than 25 percent of the required Common Open Space.

ii.

Trees along thoroughfare types located within designated landscape common areas or landscape servitude and located within as street right-of-way may only constitute 25 percent of the Common Open Space. There shall be a minimum average of one street tree on both sides of the street per 40 feet of frontage. However, Common Open Space within vehicle use areas or any noncontiguous green area of less than 500 square feet may not be included.

iii.

Surface drainage, including surface retention and detention, should include natural or man- made features which enhance a particular property and increase its desirability to a community or its marketability to the public.

a.

Unpaved lakes, ponds, bayous, streams, or creeks, including storm water wet detention basins provided that they are designed so that a minimum of 20 percent of the abutting shoreline is made accessible for the common use of the development, but in no event less than 300 feet of frontage.

b.

Storm water dry detention basins of not less than one acre; but may not exceed 25 percent of the Common Open Space and must be designed to provide for acceptable maintenance and upkeep of the detention basin.

iv.

Golf courses may account for up to 50 percent of the Common Open Space provided that the course is open to the public.

v.

Natural wetlands shall not exceed 50 percent of Common Open Space plus any natural wetlands reasonably visible from recreational walkways provided in and through the wetland.

vi.

Hard surface recreation areas such as recreational courts and pedestrian plazas may account for up to 25 percent of the Common Open Space.

vii.

Servitudes with existing below ground utilities and/or facilities with a width of not less than 30 feet.

viii.

Electrical transmission line servitudes with a width not to exceed 150 feet in commercial and residential areas only, and must be improved, recreational use areas available to the public.

ix.

School sites, library sites, outside hard surface recreational area, not to exceed 20 percent of the Common Open Space, excluding the area devoted to Buildings.

x.

An existing building or buildings that have historical or cultural significance may be located in a common area space; however, the enclosed building area may not be included in the Common Open Space requirement.

a.

Common Open Space shall not include:

1.

Required:

a.

Yards which are not accessible for the common use of the development;

b.

Parking areas;

c.

Drives;

d.

Utility with above ground improvements or road servitudes;

e.

Paved lakes, ponds, bayous, streams, or creeks.

2.

Structures (unless a part of the open space such as gazebos);

3.

Required drainage ditches or canals; and

4.

Areas reserved for the exclusive use and benefit of an individual tenant or owner.

b.

No more than 20 percent of the Common Open Space shall be devoted to paved areas and structures such as courts or recreation buildings.

c.

Common Open Space shall be permanently set aside for the sole benefit, Use, and enjoyment of present and future occupants of the TND through covenant, deed restriction, open space servitude, or similar legal instrument; or, if agreed to by governmental agency, the open space may be conveyed to a governmental agency for the use of the general public.

d.

In the event land shown on a Final Development Plan as Common Open Space is dedicated to the City, the City Council may, but shall not be required to, accept the open space provided:

(i)

such land is accessible to the residents of the City;

(ii)

there is no cost of acquisition other than the costs incidental to the transfer of ownership (which shall be borne by the TND applicant); and

(iii)

the City agrees to and has access to maintain such lands.

e.

Common Open Space shall be protected against building development and environmental damage by conveying to the municipality, parish, association, or land trust an open space servitude restricting the area in perpetuity against any future building and against the removal of soil, trees and other natural features, except as the City determines is consistent with conservation or recreational purposes.

6.

Stormwater Management. The TND shall meet all requirements of Title 7 Development Code, Chapter 15 Floodplain and Stormwater Management. Natural topography and existing land cover should be maintained/protected to the maximum extent practicable.

7.

Lot and Block Standards.

a.

Block and Lot Size Diversity. Thoroughfare layouts should provide for perimeter blocks generally in the range of 200 - 400 feet deep by 400 -800 feet long. Block length shall not exceed 2,000 feet in perimeter. The City may approve block perimeters of more than 2,000 feet if required because of existing topography. The applicant should consider where and when appropriate, a block longer than 500 feet in length may be traversed near the midpoint by a pedestrian path. 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 or road cross-section that reinforces the public space of the street or road 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.

d.

Building Setback, Front - Areas of Mixed Residential Uses. Single-family detached residences shall have a building setback in the front of up to 25 feet. Single-family attached residences and multifamily residences shall have a building setback in the front of up to 15 feet.

e.

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 town homes or other attached dwellings and provided that all dwellings have pedestrian access to the rear yard through means other than the principal structure.

8.

Thoroughfare Network.

a.

The circulation system shall allow for different modes of transportation.

b.

The circulation system shall provide functional and visual links within the residential areas, mixed-use area, and open space of the TND 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 where required and ADA-approved crosswalks and sidewalks, control through traffic, provide adequate transit stops, limit lot access to streets of lower traffic volumes, and promote safe and efficient mobility through the TND.

c.

Pedestrian Circulation. Convenient pedestrian circulation systems that minimize pedestrian- motor vehicle conflicts shall be provided continuously throughout the TND. Where feasible, any existing pedestrian routes through the site shall be preserved and enhanced. All streets (not alleys), shall be bordered by sidewalks on both sides in accordance with the following:

i.

Sidewalks in residential areas. Clear and well-lighted sidewalks shall be a minimum five feet in width. Sidewalks shall be provided along both sides of each street in residential areas. For pedestrian safety, sidewalks shall be separated at least six feet from the curb in areas of single-family detached dwelling units. In areas of multifamily and attached single-family dwellings, pavement may extend between the required pedestrian sidewalk and the street curb, provided a five foot unobstructed pedestrian sidewalk is provided, and there be a minimum five foot street tree buffer between the pedestrian sidewalk and the curb on both sides of the roadway.

ii.

Sidewalks in mixed-use areas. Clear and well-lighted walkways shall be a minimum of five feet in width. Sidewalks shall be provided along both sides of each thoroughfare type located within a mixed-use area. Within mixed-use areas, pavement may extend between the required pedestrian sidewalk and the street curb provided a five foot unobstructed pedestrian sidewalk is provided, and the there be a minimum six foot Street tree buffer between the pedestrian sidewalk and the curb on both sides of the roadway.

iii.

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

iv.

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

d.

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

e.

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.

f.

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 shall be used to encourage slow traffic speeds.

g.

The thoroughfare network of the TND shall be connected to existing thoroughfares. TND streets should be laid out to allow extensions to future neighborhoods. Dead-end streets are prohibited.

h.

Design of thoroughfares.

i.

General.

a.

Thoroughfares consist of moving lanes, parking lanes, curbs or swales, planters, trees, street lights and sidewalks.

b.

Thoroughfare types shall be designated in the Final Development Plan.

c.

Roads, streets, and commercial streets may be modified to become avenues, boulevards and drives.

d.

Thoroughfares passing from one use area to another shall change appropriately except those designated as a "connector" in the Final Development Plan.

e.

The exact locations of trees and lights along thoroughfares may be adjusted for specific conditions, such as building entrances.

f.

Thoroughfares that exist in or near a TND at the time of approval and are consistent with the intent of this Zoning Code may become an approved standard for use in that TND. An example of such a condition is commonly found in a nearby historic neighborhood.

g.

If striped, on-street parallel parking spaces shall be striped collectively, not individually.

h.

The full width of all paths, passages, rural lanes, lanes and alleys shall be designated a utility easement. Only in the absence of these thoroughfare types are utility easements permitted elsewhere.

i.

All thoroughfares within a TND shall terminate at other thoroughfares, forming a network. Cul-de-sacs shall be granted only when justified by site conditions.

ii.

Design of thoroughfares in commercial areas.

a.

All lots shall front on a thoroughfare, except that a maximum of 20 percent of lots served by a rear alley may front a path or passage.

b.

Thoroughfares may intersect at non-orthogonal angles as acute as 30 degrees. Thoroughfares should preferably intersect at 90 degrees, but in no case less than 60 degrees.

iii.

Design of thoroughfares in civic areas. Thoroughfares fronting civic buildings or civic spaces shall follow the standards of the underlying use area.

9.

Parking requirements. The requirements for parking spaces shall be as listed in the Final Development Plan. Parking areas for shared or community use should be encouraged. On-street parking shall count toward the parking requirements. Side and rear parking shall be allowed. In addition:

a.

In the mixed-use area, any parking lot shall be located at the rear or side of a building. If located at the side, appropriate screening shall be provided.

b.

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

c.

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

d.

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

e.

Multi-family uses must provide one parking space for every first bedroom and [0.5] parking space for each additional bedroom.

f.

In residential areas, garage doors which face the front of a lot shall be placed 20 feet beyond the setback of the principal structure. However, the City may modify this requirement for no more than 20 percent of the dwelling units if warranted by topography or other environmental conditions.

g.

In non-residential areas, parking lots shall be located to the rear or side of buildings. Side parking lots shall account for no more than 25 percent of parking per site, and shall be screened from sidewalks by a combination of low walls or fences and landscaping.

h.

In the case of commercial or office uses which have shop or store fronts adjacent to sidewalks and thoroughfares, parking along the thoroughfare directly in front of the lot shall count toward fulfilling the parking requirements.

i.

The required number of spaces for commercial and office uses may be further reduced by demonstrating the use of shared parking.

j.

Off-street parking shall be located in mid-block parking lots located behind the buildings.

k.

Parking shall be accessed by alley or rear lane, when available. However, there shall be no parking in an alley or lane.

l.

Parking shall be prohibited within 30 feet of intersections to enable public service and emergency vehicles adequate turning radii, and in mid-block sections such that emergency vehicles can park and operate within 125 feet of all buildings on the block.

m.

Required parking must be provided within a five minute (one quarter mile) radius of the site which it serves.

n.

The location of permitted parking along thoroughfares should be coordinated to allow access to mail boxes.

o.

Parking lots greater than two double loaded parking rows should be carefully arranged to minimize breaks between pedestrian destinations.

p.

Shared Parking.

i.

If an office use and a retail use share parking, the parking requirement for the retail use may be reduced by 20 percent, provided that the reduction shall not exceed the minimum parking requirement for the office use.

ii.

If a residential use shares parking with a retail use other than lodging uses, eating and drinking establishments or entertainment uses, the parking requirement for the residential use may be reduced by 30 percent, provided that the reduction does not exceed the minimum parking requirement for the retail and service use.

iii.

If an office and a residential use share off-street (or other thoroughfare) parking, the parking requirement for the residential use may be reduced by 50 percent, provided that the reduction shall not exceed the minimum parking requirement for the office use.

iv.

The required number of spaces for commercial, office, civic, and multi-family uses may be further reduced by demonstrating the use of shared parking.

10.

Architectural Standards. A variety of architectural features and building materials is encouraged to give each building or group of buildings a distinct character. In order to achieve harmonious design throughout the TND, architectural design guidelines for the residential, commercial, office, civic and institutional uses shall be submitted to the City and used in creating the development. The architectural features and guidelines are illustrative and conceptual and may be altered by the developer from time to time, it being understood that market conditions, social changes, building costs, changes in demographics, other building codes and regulation and other reasons may require the alteration of the architectural features and concepts.

a.

Guidelines for existing structures.

i.

Existing structures or sites, if determined to be historic or architecturally significant by the East Baton Rouge Parish Historic Preservation Commission or the Louisiana State Historic Preservation Office, or listed on the National Register of Historic Places, shall be protected from demolition or encroachment by incompatible structures or landscape development.

ii.

The U.S. Secretary of the Interior's Standards for alterations to Historic Properties shall be used as the criteria for rehabilitation and treatment of historic or architecturally significant Structures or sites.

b.

Guidelines for new structures.

i.

Height. New structures within a TND shall be no more than three occupied stories for single-family residential, or five occupied stories for commercial, multifamily residential, or mixed-use.

ii.

Entries, Facades, Windows, Doors and Roofs.

a.

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

b.

The front facade of the principal building on any lot in a TND shall face onto a public thoroughfare. Corner lots are required to face onto one public thoroughfare.

c.

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

d.

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

e.

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

f.

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

g.

Building and parking placement within the Neighborhood Center, or Town Center, should be arranged to create appropriately scaled continuous building facades with as few non-pedestrian oriented breaks as possible.

h.

Walls along thoroughfares shall be made of brick, or block and stucco, or other material to match the facade of the principal building.

i.

Windows shall use clear glass panels.

j.

All openings including porches, galleries, arcades and windows, with the exception of storefronts, shall be square or vertical in proportion.

k.

Openings above the first story shall not exceed 50 percent of the total building wall area, with each facade being calculated independently.

l.

The facades on retail frontages shall be detailed as storefronts and glazed no less than 50 percent of the sidewalk-level Story.

m.

Doors and windows that operate as sliders are prohibited along frontages.

n.

Flat roofs shall be enclosed by parapets a minimum of 42 inches high, or as required to conceal mechanical equipment for viewing from the adjacent public right(s)-of-way.

1.

Dwelling units may be constructed above the ground floor in commercial and office buildings.

2.

Commercial and office development within the TND shall have an architectural design compatible with the design of residential buildings.

c.

Utilities. All utilities shall be placed underground.

11.

Guidelines for garages and Accessory Dwelling Units. Garages and Accessory Dwelling Units may be placed on a single-family detached residential lot within the principal building or an accessory building provided that the Accessory Dwelling Unit shall not exceed 1,000 square feet. Garage doors shall have a minimum setback of 20 feet when accessed from the front property line, and shall have a minimum setback of nine feet from the rear property line when accessed from a Rear Alley.

l2.

Guidelines for exterior signage. Comprehensive sign guidelines are required for the entire TND which establishes a uniform sign theme. Such guidelines shall be submitted to and approved by the City. Signs shall share a common style, as to sizes, shapes, and materials permitted within the TND.

13.

Guidelines for lighting.

a.

Lighting along thoroughfares, including pedestrian scale lighting, shall be provided along all thoroughfares. Generally more, smaller lights, as opposed to fewer, high-intensity lights, should be used. Lights shall be installed on both sides of Streets at intervals of no greater than 75 feet apart. The lighting design shall meet the minimum standards developed by the Illumination Engineering Society.

b.

Exterior lighting shall comply with all applicable ordinances.

14.

Landscaping and screening standards.

a.

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 Zoning Code, it shall be at least three feet in height, unless otherwise specified. Required screening shall be at least 50 percent opaque throughout the year. Required screening shall be satisfied by one or some combination of a decorative fence not less than 50 percent behind a continuous landscaped area, a masonry wall, or a hedge.

b.

Trees along thoroughfares.

i.

A minimum of one deciduous canopy tree per 40 feet of frontage, or fraction thereof, shall be required. Trees can be clustered and do not need to be evenly spaced, subject to further provisions as set forth herein.

ii.

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.

iii.

Native shade trees which grow to a minimum height of 40 feet at maturity shall be planted along all streets at a maximum average spacing of 30 feet on center.

iv.

Trees shall have a minimum caliper of two and one-half inches at the time of planting.

c.

Parking area landscaping and screening.

i.

All parking and loading areas fronting public thoroughfares or sidewalks, and all parking and loading areas abutting residential districts or users, shall provide a landscaped area at least five feet wide along the public thoroughfare or sidewalk; screening at least three feet in height and not less than 50 percent opaque; and one Tree for each 25 linear feet of parking Lot frontage.

ii.

The corners of parking lots, "islands", and all other areas not used for parking or vehicular circulation shall be landscaped. Vegetation may 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.

iii.

For all parking lots with more than six spaces, the landscaped area shall be comprised of a minimum of 20 percent of the total parking Lot area.

iv.

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

v.

An approved landscaping plan is required for structured parking.

15.

Environmental Standards. All uses in the TND shall conform to all applicable federal, state and local laws and regulations regarding the environment such as laws and regulations concerning noise, air quality, water quality, radiation, and radioactivity.

E.

Additional Regulations for Phased Developments. A Traditional Neighborhood Development may be developed in phases or stages in accordance with the following requirements:

1.

Boundaries. The boundaries of all proposed TND phases shall be shown on the Preliminary Plan.

2.

Data. All data required for the project, as a whole, shall be given for each phase shown on the Preliminary Plan.

3.

Improvements. The phasing plan shall be consistent with the traffic circulation, drainage, common open space, and utilities plans for the entire TND. TND's that are to be developed in phases or stages shall be required to provide public improvements, common open space, and other amenities attributed to such phase at the same time as or before the construction of principal buildings and structures associated with individual phases. The nature, type, and amount of public improvements, common open space, and other project amenities provided during an individual phase of the project shall be commensurate with and proportionate to the overall development of the phase.

(Ord. No. 2024-18, 7-15-2024)

Notwithstanding any provision of the Zoning Code to the contrary, no application for a Planned Unit Development seeking a zoning change will be accepted for filing and processing if a previous application for a Planned Unit Development and a zoning change for all or any part of the same property was denied by the City Council less than one year prior to submission of the application.

The one year waiting period may be waived by approval of two-thirds of the members of the City Council following a written request for such a waiver.

(Ord. No. 2019-49, 12-25-2019)