Traditional neighborhood development is an option provided to encourage a compact housing within a comprehensively planned development that incorporates the principles of new urbanism. Traditional neighborhood developments are permissible only on tracts of at least 40 contiguous acres. Request to develop a TND will be processed as a Conditional Zoning District in accordance with Chapter 330 of this UDO. The following general standards and criteria shall also be met:

1. TND Master Plan In addition to the requirements in Chapter 330, the TND Master Plan shall illustrate:
   1. A town center which is memorable with a square, green and/or transit stop, with retail and office uses connected to the mix of residential uses in a practical way;
   2. Conformance with a general development pattern employing a grid pattern for a majority of development, with back alleys and garages and parking at the rear of buildings;
   3. Identifiable neighborhoods that have a variety of dwelling types;
   4. Shops and offices located at the edge of the neighborhoods;
   5. Interconnection of the town center and neighborhoods with pedestrian ways and streetscapes;
   6. Common areas and meeting places within the general design of development, including churches and schools;
   7. Relatively narrow streets, with trees and sidewalks on both sides;
   8. A network of open space serving the entire development and providing internal connections within the project;
   9. Prominent sites reserved for civic and other important community buildings; and
   10. Resulting land use patterns that promote and expand opportunities for pedestrian activity, public transportation and an efficient compact network of streets.
2. Perimeter Setback Required A 25-foot setback along the entire development perimeter is required, except where single-family homes on 12,000 square foot lots abut similar development. Any required screening and buffering, as provided for in DIVISION 800, Landscaping Standards, shall be within this perimeter setback. Parking and access drives may encroach within the perimeter setback but not by more than 10 feet and then only within the ten feet farthest from the development perimeter.
3. Screening and Buffering The screening requirements that would normally apply where a multifamily development adjoins a single-family development shall not apply within the traditional neighborhood development, but all screening requirements shall apply between the development and adjacent lots. Preservation of significant natural features shall be documented in the required permit application materials, along with landscaping appropriate to the site, uses and building locations.
4. Public Facilities
   1. The TND Master Plan shall establish public squares and meeting places that connect uses.
   2. The development may deviate from the Town’s road width standards, so the development achieves installation consistent with neo-traditional or new urban design principles as deemed appropriate by the Town Council.
5. Common Recreation and Open Space A minimum of 35% of the gross land area in the TND Master Plan shall be reserved for common recreation and usable open space.
6. Minimum Building Separation Minimum building separation is specified and approved as part of the project development plan.
7. Traditional Neighborhood Development Guidelines
   1. A central community gathering place, surrounded by civic and nonresidential or mixed uses should be developed as focal point of the development.
   2. Residential densities in a traditional neighborhood development should range from five to eight single family units per net acre, and from 15 to 25 multifamily units per net acre.
   3. Single-family homes with accessory dwelling units, as defined in DIVISION 1600, may make up to 10% of the housing stock of the development.
   4. Blocks within the development should range from 200 to 400 feet deep, and 400 to 800 feet long.
   5. A hierarchy of streets should be developed that includes collectors with two 12-foot travel lanes, subcollectors with two 10-foot travel lanes, local streets with two 10-foot lanes, and alleys with one 12-foot lane.
   6. Shared parking is encouraged, and a base ratio of one space per 500 square feet of mixed use development should be applied.
   7. Architectural standards should be incorporated that are responsive to the community’s context. The standards should include site design issues such as building orientation and location on the site, location of parking areas, and mixing of uses.
8. Deviations Any requested deviation from the standards otherwise applicable in this UDO shall be set forth in the documentation approved by the Town Council as part of the Conditional Zoning Request.

Mixed use developments are permissible only on tracts of at least 10 contiguous acres for residential and 25 acres for non-residential mixed use development. These developments shall be processed as a Conditional Zoning District pursuant to Chapter 330 and subject to the following standards:

1. Required Development Mix A minimum of three of the use categories listed below shall be included in any MXD Conditional Zoning:
   1. Flex Space;
   2. Office/Institutional;
   3. Research, technology, and industrial;
   4. Commercial;
   5. Cultural; and
   6. Residential (Maximum of 50% of MXD, and then, at no more density than permitted in Section 520.040, B for MFR. No detached single-family residential is permitted).
2. MXD Master Plan The proposed Mixed Use Development Master Plan shall indicate the particular portions of the lot that the developer intends to develop for each of the elements described above. See Section 330.020 for the information and analysis required as part of the submittal for MXD Conditional Zoning approvals.
3. Perimeter Setback Required A minimum 50-foot setback along the entire development perimeter is required unless located within the Mixed Use or Sub-Regional Activity Center Overlays. The setback from any street bordering the MXD tract shall be 35 feet unless a greater setback is required by this UDO.
4. Building Setback and Separation Building setbacks and building to building relationships are otherwise specified in Section 530.040.
5. Screening and Buffering No required buffer shall be intruded on by any building, parking area or access drive. Screening and buffering between uses within the MXD shall be in conformance with DIVISION 800, Landscaping Standards. Reservation of significant natural features shall be documented in the required permit application materials, along with landscaping appropriate to the site, uses and building locations.
6. Public Facilities Where residential uses are proposed, the MXD Master Plan shall establish public squares and meeting places that connect uses.
7. Common Recreation and Open Space A minimum of 5% of the gross land area in the MXD Master Plan shall be reserved for common recreation and usable open space unless otherwise stated herein this UDO.
8. Mixed Use Guidelines
   1. The mixed use development should contain some buildings that are vertically mixed in use.
   2. Retail uses should be placed at street level, while office and residential uses should be placed in the rear or on the upper stories.
   3. Any limitation on residential density should be a function of parking demands, vehicular traffic generation, adequate utility service, building height, and lot coverage.
   4. Streets should interconnect within the development and with adjoining development. Streets should be planned with due regard to the designated corridors shown on the Thoroughfare Plan.
   5. Mid-block and rear alleys should be utilized for access to parking, service and loading areas to minimize the number of driveways along the main pedestrian spaces.
   6. To facilitate transit usage and circulation, mixed use development should provide transit stops at key nodes with easy access to the surrounding thoroughfares along routes through the development planned to accommodate the technical requirements of bus operations.
   7. Locate buildings close to the street, with parking behind and/or beside buildings. If the building is located at a street intersection, place the main building, or part of the building, at the corner. Parking, loading or service may not be located at an intersection.
   8. Pedestrian circulation should be an integral part of the initial site layout. Organize the site so that the buildings frame and reinforce pedestrian circulation, and so that the pedestrians walk along building fronts rather than along or across parking lots and driveways.
9. Deviations Any requested deviation from the standards otherwise applicable in this UDO shall be set forth in the documentation approved by the Town Council as part of the Conditional Zoning request.

The Mixed Use and Sub-Regional Activity Center Overlays are hereby established to provide for the designation of areas within the Town where mixed-use centers may be established. Mixed Use and Sub-Regional Activity Center Overlays may be established with different mixes of land uses and different densities consistent with the broad guidelines established by the Comprehensive Plan. The location of Mixed Use and Sub-Regional Activity Center Overlays will be consistent with the locations identified in the Comprehensive Plan.

1. Applicability This Chapter applies to all new development within the boundaries of the Mixed Use and Sub-Regional Activity Centers as defined within the Indian Trail Comprehensive Plan. No development may occur on a property that falls in part or whole within these overlays unless in accordance with this article.
2. Exemptions This Chapter does not apply to land or to development which:
   1. Is part of an approved final plat, preliminary plat, or approved site plan for a commercial center where such approval was granted before December 31, 2008; or
   2. Is covered by an unexpired zoning certification permit issued before December 31, 2008 in accordance with the Town of Indian Trail zoning ordinance in effect prior to the effective date of this UDO; or
   3. An existing use in an Industrial zoning district within the Mixed Use or Sub-Regional Activity Center Overlays that has been in continuous operation on or before June 30, 2016 shall be exempt. Said uses shall also be exempt from Chapter 630.050. Any future additions or expansions, however, shall be subject to the requirements of Chapter 630 in place at the time of the addition or expansion; or
   4. Is in the Downtown Districts.

This Chapter is intended to implement the Town of Indian Trail Comprehensive Plan that calls for the establishment of Mixed Use and Sub-Regional Activity Center overlays at strategically located intersections within the Town. The purpose of this Chapter is to create a classification consistent with the Town’s comprehensive plan. It is also the purpose of this Chapter to establish a classification that allows for mixed residential, commercial and industrial development that meets a higher standard of design and site planning.

The Town shall process Mixed Use and Sub-Regional Activity Center Overlay requests in the same manner as set forth by Chapter 320 for all other rezoning requests.

The following standards apply to buildings located on lots fronting public or private collector roads, boulevards, or thoroughfares.

1. Parking lots must be located at the side or rear of buildings. No parking lots may be located at the front of commercial or residential buildings. For uses located within Industrial zoning districts, parking lots may be located at the front of the building provided it meets landscaping requirements of Section 810.180.
2. Where parking lots are located at the side of buildings, including those located within Industrial zoning districts, such parking areas must meet the perimeter landscaping requirements of Section 810.180.
3. For uses located within a commercial, institutional, or residential zoning district, at least 60% of a building’s front façade that faces a street or sidewalk must be transparent (windows and doors) between an elevation of four (4) feet and 10 feet above grade.
4. Exterior Insulation and Finish Systems (EIFS) such as the brand Dryvit is not permitted as the primary building material and metal buildings are also prohibited. Buildings will meet the design standards of 1320.020, "Facade Materials".

1. Mixed Use and Sub-Regional Activity Centers will incorporate pedestrian improvements that connect all building and uses consistent with the requirements of Section 810.200.
2. Light Industrial (L-I) uses shall only be permitted in the following activity center overlays: Old Hickory, Old Monroe and the secondary Sun Valley Sub-Regional Activity Center Overlay.
3. Separation requirements: Uses in L-I within Mixed Use and Sub-Regional Activity Center Overlays involving manufacturing, production, wholesaling and freight movement shall be located a minimum of 250 feet from any residential or institutional district or from property used for residential, religious institution or school purpose. Uses may locate closer than 250 feet from a residential or institutional district or from property used for residential, religious or institutional or school purposes when approved through a conditional rezoning per Chapter 330.
4. Outdoor storage uses are not permitted within Mixed Use and Sub-Regional Activity Center Overlays.
5. Odors and Other Nuisances: Uses in L-I within Mixed Use and Sub-Regional Activity Center Overlays shall not produce odors, gas, dust or any other pollutants detrimental to the health, safety or general welfare of persons living or working in the surrounding properties.
6. Noise: Uses in LI within Mixed Use and Sub-Regional Activity Center Overlays shall not create any unreasonably loud, disturbing or unnecessary noise that is detrimental to the health, safety, or general welfare of persons living or working in the surrounding properties. Any mechanical equipment which produces excessive noise, including but not limited to compressors, pumps, generators, vacuums, and similar equipment shall be located inside the building or within an enclosed structure equipped with noise dampening materials.
7. Site Access: Vehicular access to uses located in the L-I District within a Mixed Use and Sub-Regional Activity Center Overlay shall not be permitted using a street or drive primarily intended to serve a residential community.

The Downtown Districts (DCD, DTD and DTD-R) is hereby established to encourage the development of a mixed-use, pedestrian-oriented downtown business district, with retail, financial, service, office, governmental, cultural and entertainment uses, along with residential options. Within these districts, the applicant may use property in accordance with the Table of Permissible Uses for the Downtown Master Plan Districts.

This Section is intended to implement the Town of Indian Trail’s Downtown Master Plan that calls for development of a downtown mixed-use core and surrounding downtown transitional area.

1. Minimum Standards and criteria are set forth herein and within the adopted Downtown Master Plan, Indian Trail Land Development Standards (ITLDS), and comprehensive plan.
2. All projects within the Downtown Master Plan Districts shall provide open space as follows:
   
   Table 600-1: Downtown Districts Open Space Requirements
   

   Type of Development	Density	Minimum Open Space/Gross Lot Area
   DTD-R Residential Developments	Single-Family	5%
   DTD Residential Developments	Multiple-Family	10%
   DTD Commercial/Office		5%
   DCD All Uses		5%
   Open Space is defined as Parks, Greenways, Playgrounds, Attached and Detached Squares, Plazas, Forecourts, and Green Roofs.

As used in this Section, the terms floodplain and floodway refer in the first instance to certain areas whose boundaries are determined and can be located on the ground by reference to the specific fluvial characteristics set forth in the definitions of these terms. These terms also refer to overlay zoning districts floodplains shown on the maps referenced in Section 150.010, which boundaries are intended to correspond to the actual, physical location of floodways and floodplains. Therefore, the administrator and Engineering Director are authorized to make necessary interpretations as to the exact location of the boundaries of floodways or floodplains if there appears to be a conflict between a mapped boundary and actual field conditions. Such interpretations, like other decisions of the administrator, may be appealed to the Planning and Zoning Board in a quasi-judicial proceeding in accordance with the applicable provisions of this ordinance.

See the rules and regulations of Chapter 1140.

In any area that is located outside a designated floodplain but where a stream is located, no building or fill may be located within a distance of the stream bank equal to twenty feet on each side.

All PD development shall adhere to the following maximum percentages of listed land uses:

Table 600-2: Maximum Percentage of Listed Land Uses

The proposed Planned Unit Development Master Plan shall indicate the particular portions of the lot that the developer intends to develop for each of the elements described above. See Chapter 330 for the information and analysis required as part of the submittal for PD approvals. In addition the PD Master Plan must also illustrate:

1. Neighborhood character and identity; and
2. A mixture of land uses, including commercial and residential.

The nonresidential portions of any Planned Unit Development may not be occupied until all of the residential portions of the development are completed or where the phase is completed within a phased development project. The intent of this provision is to ensure that the Planned Unit Development procedure is not used, intentionally or unintentionally, to create nonresidential uses in areas generally zoned for residential uses except as part of an integrated and well-planned, primarily residential, development.

A minimum 25-foot setback along the entire development perimeter is required, except where single-family residential lots on lots of the standard required square footage of the district in which they are located abut a similar single-family development. The setback from any street bordering the PD tract is 35 feet unless a greater setback is required by this UDO.

A minimum separation between single-family and multifamily buildings of 60 feet is required. Building to building relationships are otherwise specified the setback and yard requirements of this UDO.

No required buffer shall be intruded on by any building, parking area or access drive. Reservation of significant natural features shall be documented in the required permit application materials, along with landscaping appropriate to the site, uses and building locations.

A minimum of 25% of the gross land area in the PD Master Plan shall be reserved for common recreation area and/or usable open space.

Any requested deviation from the standards otherwise applicable in this UDO shall be set forth in the documentation approved as part of the Conditional Zoning request.

The mining (M) overlay district is hereby established as a "floating zone" since the precise location of areas within which mineral extraction (including quarrying, open-pit drilling, tunneling, etc.) should be encouraged cannot generally be predetermined. Within this district, the applicant may use property in accordance with the regulations applicable to the underlying zoning district, except that the property may also be used for mining purposes upon issuance of a conditional zoning district by the Town Council in compliance with the following standards:

1. Before the mining overlay district classification is applied to any property, the applicant for rezone to the conditional zoning district shall first have obtained a mining permit from the appropriate state and federal agencies. A copy of such permit together with such documents as were required to obtain such permit, including, but not limited to, any site plans, operations plans, approved for rezoning. Also attached to the petition for rezoning shall be a written report from a registered mining engineer to the effect that there are minerals located on the property of such a nature and in quantity as to justify commercial extraction.
2. The area for which the State or federal mining permit is granted must be greater than ten (10) acres; mining shall be on an industrial extraction basis only and shall not be permitted by hobbyists or others not engaged in the mineral extraction business.
3. The edges of any extraction area where mining is allowed shall be at least 50 feet from all property lines and at least 150 feet from any residence.
4. Fencing shall be required as determined by the Planning Director and shall be erected and maintained to keep the site safe and secure.
5. If at any time the state and/or federal agencies revoked any of the required permits it has issued for the mining operation, said revocation shall cause the conditional zoning approval to become null and void.
6. The conditional zoning shall be valid for a period of two (2) years from the date of the same is granted or provided Town Council shall have the authority to extend the time from two (2) years to any longer period where the nature of the use or other pertinent circumstances justify a longer period, for example, for so long as it is commercially feasible to operate. In the event the property owner desires to continue the mining operation thereafter, the owner shall again petition Town Council for a new conditional zoning approval.