(a)

Purpose. The TND district designation is historical and is not available for rezoning petitioner after April 17, 2012. Existing TND districts must follow the provisions of this section, but property owners are strongly encouraged to rezone to SmartCode New Community (SC-NC) pursuant to chapter 19A. This section is intended to define the character of the city's traditional neighborhood development districts. The district implements the concepts identified in the 2004 comprehensive plan for the city by enhancing development and "Downtown Ranson." The purpose of a traditional neighborhood development designation includes four principles:

(1)

Civic enhancement and identity. Well configured squares, greens, landscaped streets and parks woven into the pattern of the town center and dedicated to collective social activity, community identity, recreation and visual enjoyment. Civic buildings for assembly or other civic purposes, that acts as landmarks, symbols and activity centers for community identity recreation and visual enjoyment.

(2)

Enhanced transportation system. To reduce reliance on automotive traffic by promoting pedestrian and bicycle transportation that connects work, home and shopping. Developing a hierarchy of public and/or private streets with facilities for automotive vehicles, public transit, bicycles and pedestrians. On-site parking and centralize parking facilities to collectively support principle uses in the town center.

(3)

Preservation of environmental or historical resources. To create compact and sustainable communities that provide a mixture of housing types, interconnected open spaces, amenities and civic places as well as neighborhood shopping and employment. To continue the historic architecture and urban grid pattern commonly found in the city.

(4)

Sense of place. Dwellings, shops and workplaces are generally compact and located in close proximity to each other. To provide a compact center of neighborhood and commercial activity, providing a horizontal and vertical mix of retail and residential uses to serve nearby neighborhoods.

(b)

Establishment of a TND district. The TND district will be established by the city council either at time of annexation or by petition of the property owner. In accordance with the goals and purpose of the comprehensive plan, annexed properties designated for growth shall receive a TND designation within the comprehensive plan. However, such designation does not preclude rezoning review application and approval by the city council. All other properties may receive such zoning designation by petition and in accord with this section. In order to implement the traditional neighborhood use and livability concepts of the town center, the following districts are created:

(1)

TND-MUX district. Pedestrian and bicycle traffic are the preferred transportation system in the TND-MUX district which is primarily residential in nature, but provides opportunities for a variety of housing types, to include small commercial uses, not to exceed 15,000 square feet in size, small offices, services and amenities within walking distances of residential areas.

a.

Permitted uses by right.

1.

Antique shops.

2.

Apartments.

3.

Art gallery, cultural uses.

4.

Assisted living or community home (less than 20 beds).

5.

Bakeries.

6.

Banks or other financial institution.

7.

Childcare center (up to 20 children).

8.

Church (less than 150-person congregation).

9.

Civic uses.

10.

Coffee house.

11.

Commercial/retail stores.

12.

Community center (including swimming pools).

13.

Convenience store.

14.

Golf courses.

15.

Grocery store.

16.

Hardware store.

17.

Hotels.

18.

Housing for the elderly.

19.

Mixed use development.

20.

Medical clinics and dental clinics.

21.

Multiple family units.

22.

Neighborhood pub/private club.

23.

Offices (general and professional).

24.

Personal services.

25.

Pharmacy, drugstores.

26.

Private and public educational institutions.

27.

Retail services.

28.

Restaurants, sidewalk cafes.

29.

Single-family attached dwellings.

30.

Single-family detached dwellings.

31.

Two-family detached dwellings.

b.

Uses by special exception.

1.

Accessory buildings and uses.

2.

Amusement center (indoor).

3.

Assisted living (with more than 20 beds).

4.

Automotive service station.

5.

Bed and breakfast.

6.

Childcare center (with more than 20 children).

7.

Church (greater than 150-person congregation).

8.

Commercial telecommunication facilities.

9.

Convenience store with gas pumps.

10.

Country clubs, private clubs; service organizations; and nonprofit charitable or philanthropic organizations or institutions.

11.

Educational institutions.

12.

Facility for dance, gymnastic, karate and health.

13.

Garden center or nursery, retail.

14.

Grocery stores (greater than 15,000 square feet).

15.

Hardware store (greater than 15,000 square feet).

16.

Health club.

17.

Hospitals.

18.

Hotels.

19.

Libraries, museums, and similar institutions of a noncommercial nature.

20.

Plazas or parks greater than permitted from a residential areas or dwelling units.

21.

Public utilities.

22.

Restaurants, sidewalk cafes, taverns and lounges with alcoholic beverage uses.

23.

Temporary outdoor display of retail items (not to exceed 250 square feet in area and removed daily).

(2)

TND-NCX district. Neighborhood Center Mix District—The neighborhood center mix district is to provide for the location of shops, services, small workplaces, civic and residential building central to a neighborhood or grouping of neighborhoods and within walking distances of residential dwellings. The neighborhood center shall be developed on an interconnected pattern of streets and uses in the neighborhood center and shall be designed as a destination place. Civic uses, such as post office, libraries, etc and include focal features such as community plazas with fountains, statues and other features. Pedestrian and bicycle traffic are the preferred transportation system with vehicular traffic to both regional and interconnections for visitors outside the district.

a.

Permitted uses.

1.

All uses permitted in subsection 19-21(b)(1)a. by right.

2.

Amusement center (indoor).

3.

Assisted living.

4.

Automotive service station.

5.

Boarding or rooming houses (up to 12 rooms).

6.

Childcare centers.

7.

Churches.

8.

Commercial telecommunication facilities.

9.

Convenience store with or without gas pumps.

10.

Country clubs, private clubs; service organizations; and nonprofit charitable or philanthropic organizations or institutions.

11.

Educational institutions.

12.

Facility for dance, gymnastic, karate and health.

13.

Garden center or nursery, retail.

14.

Grocery stores.

15.

Hardware store.

16.

Health club.

17.

Hospitals.

18.

Financial and banking service.

19.

Government and civic buildings.

20.

Libraries, museums, and similar institutions.

21.

Medical clinics and dental clinics.

22.

Plaza parks greater than permitted from a residential areas or dwelling units.

23.

Post office.

24.

Private educational institutions.

25.

Public utilities.

26.

Restaurants, sidewalk cafes.

27.

Temporary outdoor display of retail items (not to exceed 250 square feet in area and removed daily).

28.

Professional services.

29.

Parks, plazas and community focal features (other than required for residential areas).

30.

Private and public educational institutions.

31.

Public utilities.

32.

Movie or theatres.

33.

Mini-self storage.

34.

Schools, art, music or dance.

b.

Uses permitted by special exception.

1.

Automobile and or motorcycle sales and associated services and repair.

2.

Accessory buildings and uses.

3.

Boarding or rooming houses (over 12 rooms).

4.

Cemeteries.

5.

Farmer's market.

6.

Garden center or nursery, retail.

7.

Neighborhood gasoline stations, excluding major service and repair of motor vehicles.

8.

Night clubs, music clubs, bars and similar entertainment facilities.

9.

Restaurants, sidewalk cafes, taverns and lounges with alcoholic beverage uses.

10.

Temporary outdoor sales of seasonal agricultural products.

(3)

TND-UCX district. The TND-UCX district is intended primarily to serve a broader market than the immediate neighborhood but not a regional market. The TND-UCX district is intended to offer large employment centers, industrial parks, a mixture of housing types and prices within prominently sited civic or community buildings and stores/offices/workplaces to provide a balanced mix of activities. The district allows a range of development while controlling impacts on neighborhood and community gateways. The architecture elements are meant to reinforce environmental qualities, such as building facades and pedestrian oriented streetscapes.

a.

Permitted uses by right.

1.

All uses permitted in subsection 19-21(b)(2)a. by right.

2.

Automobile and/or motorcycle sales and associated services and repair.

3.

Automotive service station, including major service and repair of motor vehicle.

4.

Catering.

5.

Commercial parking.

6.

Contractors and trade shops.

7.

Essential utilities.

8.

Fast food restaurants.

9.

Flex-space office/industrial uses.

10.

Garden center or nursery, retail.

11.

Indoor operations and storage, food products.

12.

Indoor operations and storage, manufacturing/processing.

13.

Industrial parks and/or office parks with mixed uses.

14.

Light manufacturing operations and distributors.

15.

Lumber yards (storage and sales).

16.

Self storage.

17.

Reception/rental hall facilities.

18.

Repair services.

19.

Warehousing and distribution (general).

20.

Warehouse and freight storage (indoor operations, storage and loading).

b.

By special exception.

1.

Amusement park (outdoor).

2.

Animal food manufacturer.

3.

Animal hospital/veterinary service.

4.

Bakeries (in excess of 5,000 square feet).

5.

Big box retail (in excess of 75,000 square feet).

6.

Cleaning and processing establishment.

7.

Contractor yard with outdoor storage.

8.

Indoor operations with outdoor storage, food products.

9.

Machine shop, vehicle, equipment repair.

10.

Recycling center.

11.

Recycling drop off.

12.

Users in excess of 75,000 square feet and requiring modifications to the commercial residential ratio.

13.

Warehouse and freight storage.

(4)

Required mixture of uses.

a.

Intent. Each traditional neighborhood development shall contain an appropriate mixture of uses that support live (residential) work (commercial) and play (open space/recreational) activities. It is the intent of the district to guide a variety of uses, building styles, and open spaces with amenities.

b.

Permitted development.

c.

Mixture of uses—Overall.

1.

The mixture of uses shall be based upon comprehensive plan recommendations. The required mixture may be obtained with different buildings or uses within the same building.

2.

Each phase shall be independent from the others in meeting the standard mixes.

d.

Commercial/residential mixture.

1.

Each district shall consist of a residential element to extend district activity hours during non-business hours and to support commercial uses.

2.

Each traditional neighborhood development shall consist of a commercial element that supports the residential uses and reduces reliance on vehicles by shortening trip distance and provides employment opportunities.

e.

Determining commercial/residential ratio.

1.

For residential uses, gross living area shall be expressed as the sum of the approximated average footprint per dwelling, or, 1,500 square feet per dwelling unit may be considered per single-family dwelling or 1,000 [feet] may be considered for multi-family.

2.

Gross square footage or gross residential living area shall not include underground or garage parking, stairways, steps, stoops, exterior balconies, decks or porches.

3.

Gross square footage for nonresidential uses shall be expressed as the sum of the approximated anticipated maximum footprint of a building or buildings, including multiple floors, measured from the exterior faces of exterior walls or from the centerline of walls separating two buildings.

4.

For the purposes of establishing commercial/residential ratio, up to 25 percent of a mixed use development shall count either commercial or residential use, but not necessarily both, unless a third user is established. Should there be a third or more users, such user shall be counted as well.

5.

Each district shall have at least two housing types. The following are considered different housing type:

A.

Single-family detached;

B.

Single-family attached dwellings (duplexes, triplexes, row houses, quadruplexes, townhouses);

C.

Multi-family dwelling (apartment and mixed uses); and

D.

Special needs housing such as assisted living facilities, group homes and nursing homes.

f.

Variations and exceptions to the mixture requirements. City council may waive or modify this requirement upon finding than an alternative use is already present within one mile of the proposed district and accomplishes the goals established by this section. The purpose of such variations shall be:

1.

To determine the financial impact of the project on the city; and

2.

To include and consider compatibility of existing/proposed uses in the abutting areas outside of the project; and

3.

To provide an alternative to the required minimum area and bulk standards ratios, the community facilities requirements including open space and recreational.

g.

Overall open space requirements. Open space/residential mixture: Each traditional neighborhood development district shall contain open spaces and amenities. Open space shall include all park areas, buffers ands sensitive environmental areas, active and passive recreational areas, and pedestrian pathways.

1.

At least 75 percent of the required recreational land shall be suitable for dry recreational use and shall not consist of steep slopes or water.

2.

Environmentally sensitive areas such as, but not limited to, slopes in excess of 25 percent, wetlands, floodplain, rock outfalls and sinkholes should be located within the open space. These areas may not constitute more than 40 percent of the total required open space.

3.

The minimum area of open space is as follows:

A.

For areas shown as neighborhood residential, the required open space shall consist of 20 percent of the gross acreage devoted to residential lots;

B.

For areas shown as regional service, office or industrial service, the area devoted to green space shall be at least 15 percent of the gross acreage.

h.

Amenities/residential mixture. Amenities consist of the built environment serving the recreational, civic needs or enhanced transportation needs of the community. Amenities shall include active recreational facilities and structures such as swimming pools, clubhouse, civic buildings, organized play areas, community facilities, fields and paths in excess of the minimum required and the like.

1.

Acceptance and location of such amenities shall be subject to the city manager and city council approval.

2.

Amenities shall be located within one-quarter mile of all residential units within the traditional neighborhood development.

3.

In nonresidential areas of the development, amenities shall be located so they link and are easily accessible to patrons, residents and employees of the development. Amenities in non-residential areas shall be placed in prominent areas and visible to adjacent properties.

4.

The design of any recreational facilities shall meet the minimum design requirements from engineering and recreational design standards, and International Building Codes.

5.

The size, location, shape, slope and condition of land shall be suitable for the proposed amenity.

(6)

Minimum lot requirements—Area, width and setback.

a.

Unless requested and approved by the planning commission as a part of the general development plan and/or sketch plan approval process the minimum lot requirements are required, as shown in subsection b.

b.

Area and bulk lot requirements.

1.

Attached garages may not extend more than ten feet beyond the front elevation of the main structure.

2.

Detached garages facing side or rear lot lines shall maintain accessory structure setbacks.

3.

The rear and/or side yard setback for each lot shall be at least 35 feet from any abutting major arterial roadway.

4.

Accessory structure shall not exceed 40 percent of lot coverage.

5.

Townhouses.

A.

In each grouping of townhouses, individual units have a variation of setbacks measuring not less than two feet from the adjoining unit, except that two adjoining units may have the same setback.

B.

The width of each lot used for a townhouse group is at least 130 feet.

C.

The average width in each continuous attached unit is at least 20 feet wide.

D.

No more than ten single-family townhouse units are included in a continuous row in an individual structure.

E.

The minimum number of units for each townhouse group is four; the minimum width is 78 feet.

6.

Additional setback requirements.

A.

Permitted encroachments. Stoops, open colonnades and open porches, decks, balconies, stairs, bay windows and awnings may encroach into setback areas up to five feet in the front yard and up to ten feet in the rear yard.

B.

If two or more multi-family structures are located on the same site, there shall be at least 50 feet between facades with windows and at least 25 feet between facades without windows. The required distance shall increase by 25 percent of the amount by which the height of any structure exceeds 45 feet.

7.

Accessory structures.

A.

Minimum setback from front property line or street right-of-way shall be 50 feet. Side setbacks for accessory structures shall be the same at the principal structure. Rear setback for accessory structures will be a minimum of five feet.

B.

Accessory structures shall not exceed 24 feet in height.

c.

The administrator may reduce the rear yard to three feet for a maximum of one-third of the total rear lot width subject to the following:

1.

Commercial uses adjacent to residential uses.

A.

Screening or fencing shall be provided pursuant to the standards set out in section 16-179.

d.

Maximum density. The density permitted in a TND district is four dwelling units per acre.

(7)

Reserved.

(8)

Commercial/residential economic development study.

a.

Intent. The study shall demonstrate that although the required TND use ratios may not be obtained within the proposed project, uses outside of the project are directly linked, and, therefore, have no inverse impact on the community and provide a positive cash flow. The applicant shall provide documents demonstrating the following.

b.

Sustainability/compatibility.

1.

That the project area and the additional study area provide a positive cash flow and/or positive impact to the city;

2.

Uses within the project are permitted and are deemed compatible with the surrounding neighborhood; and

3.

The proposed development shall have no negative impact on the district, surrounding areas or the city.

c.

Uses.

1.

Such land area inclusions, including uses and any alternatives to the area and bulk requirements, support the goals of the TND.

2.

The comprehensive plan supports the proposed use.

3.

The proposed development is an infill project and/or there are at least two housing types are already present within one-quarter mile of the proposed district.

4.

The area considered in the report is located within a one-mile radius of the proposed district.

5.

No such modification of use mix shall be needed to accommodate a "big-box" type development in excess of 50,000 square feet without a special exception through the board of zoning appeals for the proposed development.

d.

Open space compatibility study. The open space compatibility study permits consideration for combining efforts to coordinate the community facilities. Such coordination must consider timing and implementation of appropriate facilities. The purpose of the compatibility study is:

1.

To concentrate efforts in areas identified for parks and community open space in the comprehensive plan.

2.

To permit multiple funding sources so to obtain a complete capital improvement rather than partial facilities.

3.

To offset capital improvement expenditures and reduce administrative costs of managing project implementation through promoting public private partnerships.

e.

Community facilities impact.

1.

All supporting infrastructure including, but not limited to, roads, open space and park areas are available to the proposed development.

2.

Allocation of such community facilities elsewhere does not serve the public interest and that consolidation of facilities is more appropriate.

3.

Such study demonstrates that by providing on-site facilities, there will be improved efforts through better coordination.

(9)

Standards for development. The general development plan must contain all mandatory elements in each section of the cluster bonus chart and, through application of the bonus factors, must obtain densities of at least eight dwelling units per acre. In addition, following standards for development shall apply for residential, commercial and mixed use areas:

a.

Architectural standards for residential. Predominantly residential structures shall maintain the following:

1.

Attached garages shall be set back at least five feet from the front building plane of the dwelling. Detached garages shall be located in the rear yard.

2.

The front elevation and massing of an apartment building or other multi-family structure shall not exceed 30 percent of the adjacent structures.

3.

Pitched, hipped, gabled or mansard roofs shall be used. Flat roofs shall be avoided unless constructed as a roof garden. For apartment buildings, mechanical equipment, whether ground level wall or roof mounted, shall be screened from public view and designed to appear as an integral part of the building.

4.

Effort shall be made to include bay, or picture windows, porches, porticos, and stoops so to increase the amount of fenestration facing public areas.

5.

Accessory uses shall be subordinate, incidental and non-intrusive to the principle use of the building.

b.

Commercial/office use standards for development. Each district shall consist of a commercial element that concentrates on and supports the residential component on the district.

c.

Architectural standards for commercial/office. Mechanical equipment whether ground level, wall or roof mounted, shall be screened from public view and designed to appear as an integral part of the building;

1.

There should be an effort to provide similar or themed materials and treatment on the exterior walls of each building. Buildings shall be constructed of common building materials such as wood, glass, or brick. Materials such as sheet metal, cinder or concrete block shall not dominate any building facade and the city manager or his designee must approve use of such materials.

2.

Permanent use of office trailers in any district or use of trailers in districts other than residential is prohibited.

3.

Building design shall avoid long monotonous (65 percent minimum at front building plane), uninterrupted, windowless walls or roof planes. Building wall offsets, including projections, recesses and changes in floor level shall be used to add architectural interest and variety.

4.

No uninterrupted length of any facade shall exceed 150 horizontal feet without a building wall offset, projection or floor level change. Facades facing or adjoining the front setback which exceed this length shall incorporate wall plane projections or recesses having a depth of at least three percent of the length of the facade and extending a minimum total of 20 percent of the length of the facade.

5.

Where the construction of a blank wall is necessitated by the building code, the wall should be articulated by the provision of blank window openings trimmed with frames, sills and lintels, or by using recessed or projecting display window cases.

6.

Parking shall be located on the street, in the rear of the structure or on the side of the structure. If located on the side, the parking area shall be screened. Parking located in the rear of the structure shall be exempt from the landscape provisions unless visible from a public right-of-way or residential uses.

d.

Standards for mixed uses. It is the intent of this chapter to encourage mixed uses to include live work structures. The purpose of mixed use is to allow for the development of integrated pedestrian oriented neighborhood so to minimize traffic, congestion and sprawl. The provisions utilized by mixed use development adopt urban conventions of the United States commonly found from the colonial times to the 1940s.

e.

Architectural standards for mixed uses. In addition to the above commercial uses, the mixed-use districts shall contain the following:

1.

Mixed-use structures shall contain an expression line to delineate the division between the first and second story. A cornice shall delineate the tops of the facades. Expression lines and cornices shall either be moldings with a minimum height of two inches or jogs into the surface plane of the building.

2.

All buildings will have either a mansard, hipped, gabled or pitched roof line unless constructed as a roof garden or parking. Flat roofs are not permitted.

3.

All principle structures will have their main entrance opening onto a street, square courtyard or park.

4.

Residential uses shall not be located on the ground floor. Access to residential uses shall be separate from commercial/office uses, unless access is located through a shared public hallway.

5.

A mixed use neighborhood has an identifiable center. Edge and edge lots are easily accessible by non-vehicular means.

6.

A commercial or office use is within the same building as a residential use and several are grouped within close proximity of each other.

7.

A mixed use district may range from 15 to 40 acres but shall not exceed more than 25 percent of the total TND without natural or contrived boundaries distinguishing the different centers.

(10)

Application requirements—Required documents and information.

a.

Overall. After the application is submitted, the city manager or his designee may request additional plans, maps, studies and reports such as, but not limited to, traffic impact analyses, identification of specimen trees, and reports identifying potential non-tidal wetlands which are deemed reasonably necessary to analyze the application. The following documents and information shall be submitted in addition to any other documents required to be submitted:

1.

A statement describing how the proposed development satisfies the intent of the zoning ordinance and is consistent with the applicable goals and objectives of the comprehensive plan for the applicable development area and the specific goals and purposes of the traditional neighborhood development district. If one or more characteristics of the purposes are missing from an application, the applicant shall justify why the characteristic(s) cannot or should not be provided. The statement and shall also include information regarding the following items and shall accompany the general development plan.

2.

A parking and loading needs study that demonstrate the parking needs and requirements and includes strategies for dealing with these needs and requirements, including phasing plans, parking alternatives and transportation demand management strategies.

3.

Establish a stormwater management plan in accordance with chapter 16, article II, division 8, Stormwater management.

4.

A general development plan as provided, including all information required to support any element of the plan.

5.

Design guidelines should be submitted for policy and for support of any requested cluster bonus provisions and should include all information required to support any element of the code.

b.

Design guidelines. Design guidelines are recommended to be submitted with the re-zoning, general development plan, and/or sketch plan application(s). The design guidelines should establish the unifying design themes, the specific regulations for the district and the use characteristic of each block; provide for certainty in the location and appearance of central features, and the permitted uses in the district and provide a flexible range of a mix of uses and densities. To satisfy these requirements, each design guideline should establish:

1.

The uses permitted in the district by right and by special exception if different from this section.

2.

The amount of developed square footage proposed, delineated for the entire traditional neighborhood development and by block, by use, amenity, streets and lot coverage. The developed square footage may be expressed as a proposed range of square footage.

3.

The maximum residential densities and the maximum number of residential units for individual residential land use categories and mixed-use categories, delineating at least two housing types.

4.

The maintenance and enforcement methodology of the guidelines. The document shall clearly note the city's role, if any, related to maintenance and enforcement, and the recordation of such document in the clerk of the circuit court and timing of such document.

5.

The amount of land area devoted to green space and amenities.

6.

All uses expressly prohibited in the district. Any prohibited use shall not be considered accessory to a permitted use.

7.

The design guidelines supplement, and, in no case, replace, and architectural and landscape standards outlined in the City Code. The design guidelines in the traditional neighborhood development shall address the following:

A.

The form, massing and proportions of structures.

B.

Architectural styles.

C.

Materials colors and texture.

D.

Roof form and pitch.

E.

Architectural ornamentation.

F.

Facade treatments including window and door openings.

G.

Landscape treatments.

H.

The preservation of historical structures, sites and archeological sites identified by the state department of historic resources.

I.

Preliminary lot layout.

8.

For each block:

A.

The range of uses permitted on the block by right and by special exception if different from this section.

B.

All requirements and restrictions associated with each use delineated setbacks, if different from this section.

C.

Minimum and maximum lot and yard dimensions.

D.

Maximum building heights.

E.

Sidewalk and pedestrian path locations.

F.

Green spaces and amenities.

G.

Conservation and preservation areas.

H.

Parking areas.

I.

Civic spaces that are public areas for community or civic activities (schools and their associated yards, libraries and places of worship).

c.

General development plan. A general development plan shall serve as the general guide for the project and shall not vary unless reviewed and approved as permitted under the variations from approved plans, standards of development, and design guidelines provisions. The following are required elements of the general development plan:

1.

For the purposes of determining the commercial/residential ratio, the general development plan shall approximately delineate for each section the amount of gross commercial square footage and the gross residential living area. The ratio shall compare the gross commercial square footage to the gross residential living area.

2.

The general allocation, number, setbacks, density and type of uses in each section of residential, commercial, industrial, institutional, amenities, parks, recreational facilities open to the public and any other use in both acreage and percent and which complies with the requirements of this chapter.

3.

The general development plan shall demonstrate any cluster bonuses that are utilized along with the design element, maximum percentage increase and permitted increase.

4.

The location of proposed green spaces, amenities, conservation areas or preservation areas.

5.

Building footprints or graphic representations of central features or major elements that are essential to the design of the development shown at the block level.

6.

A regional context map at a scale of not less one inch equal to 1,000 feet showing topography at a maximum of ten-foot intervals, surrounding properties, improvements to those properties, surrounding public streets, private roads, and other thoroughfares.

7.

An accurate boundary survey of the tract or plan showing the location and type of boundary evidence.

8.

A plan showing existing physical conditions, including but not limited to:

A.

Streams, wooded areas, non-tidal wetlands.

B.

Slopes in excess of 25 percent.

C.

Historic structures and sites included in the records of the state department of historic resources.

D.

Floodplain, and any identified features in the open space element of the comprehensive plan.

E.

Existing topography accurately shown with a maximum of five-foot contour intervals at a scale of not less than one inch equal to 100 feet. Other interval and/or scale may be required or permitted by the city manager or his designee where topographic considerations warrant.

F.

Existing roads, easements, and utilities.

G.

The existing owners and zoning district.

H.

The present use of adjoining tracts and the location of structures on adjoining parcels, if any.

I.

The location, type and size of existing easements and rights-of-way on the site.

9.

An application plan based on a minimum of two data references for elevations to be used on plans and profiles showing:

A.

If appropriate, areas to be designated as preservation areas, and/or conservation areas, such as streams, wooded areas, specimen trees, non-tidal wetlands, and other significant environmental features.

B.

The proposed topography with a maximum of five-foot contour intervals.

C.

The general location of proposed streets, alleys, sidewalks, and pedestrian paths.

D.

Typical street right-of-way widths to show proportions, scale, and streetscape.

E.

Connections to existing and proposed streets, as well as proposed thoroughfares shown on the comprehensive plan.

10.

Trip generation figures, if required by city.

11.

The conceptual utilities systems plan if required by city, conceptual stormwater management, and a conceptual mitigation plan.

12.

The location of central features or major elements within the development essential to the design of the project, such as major employment areas, parking areas, open space, parks, recreation areas and amenities if applicable, civic areas.

13.

A summary of land uses including dwelling types and densities, and the gross floor areas for commercial industrial uses.

14.

The general lot lay-out.

15.

Standards for development including proposed yards, building heights, open space characteristics, and any landscape or architectural characteristics related to scale proportions, and massing at the edge of the district.

16.

As part of the general development plan review, the applicant shall submit an economic development plan or compatibility study demonstrating the feasibility of the project.

d.

Administrative variations from approved plans, codes, and standards for development. The city manager may allow minor variations of a site plan or subdivision plat from an approved application plan, standard of development and a general development plan or design guideline, as provided herein:

1.

The manger is authorized to grant a variation from the following provisions of an approved plan, code or standard:

A.

Minor variation to yard requirements, maximum structure heights and minimum lot sizes.

B.

Changes to the arrangement of buildings and uses shown on the plan, provided that the major elements shown on the plan and their relationships remain the same.

C.

Changes to phasing plans.

D.

Minor changes to landscape or architectural standards.

E.

Minor variations to street design.

2.

The applicant shall submit a written request for a variation to the city manager; the request shall specify the provision of the plan, code or standard for which the variation is sought, and state the reason for the requested variation; the manager may reject a request that fails to include the required information.

3.

The manager is authorized to grant a variation upon a determination that the variation:

A.

Is consistent with the goals and objectives of the comprehensive plan or the goals and purpose of the traditional neighborhood development.

B.

Does not increase the approved development density or intensity of development.

C.

Does not adversely affect the timing and phasing of development of any other development in the zoning district.

D.

Does not require a special use permit.

E.

Is in general accord with the purpose and intent of the approved application.

4.

Any variation not expressly provided for herein may be accomplished by rezoning.

(11)

Procedures for mix use development applications.

a.

Pre-application conference. Each applicant for a traditional neighborhood development shall attend a meeting with city staff to review the application plan and the proposed development before the application is submitted. The purpose of the pre-application conference shall be to assist the applicant; and, to assure that the application and the documents to be submitted comply with all applicable regulations; and, to identify as early as possible conflicting regulations as well as necessary waivers or modifications.

Each applicant is encouraged to use the pre-application conference process to develop an application for a traditional neighborhood development that, when submitted with its supporting documents, will be as complete and comprehensive as possible.

b.

Review and recommendation by the planning commission. The planning commission shall review each application for a traditional neighborhood development as follows:

1.

The commission shall consider and make its recommendation to the city council on each application for a traditional neighborhood development district as it does for other zoning map amendments. Within the time provided to make a recommendation, the commission may hold work sessions on the application and proceed to a public hearing after it determines that no further work sessions are necessary, or at any time the applicant request a public hearing.

2.

In making its recommendation on the application to the city council, the commission shall make findings about the following:

A.

The suitability of the tract for the proposed traditional neighborhood development in terms of its relation to all applicable provisions of the comprehensive plan, the zoning ordinance, subdivision ordinance and, in addition, to the purposes of the traditional neighborhood development; physical characteristics of the land; and its relation to the surrounding area.

B.

The relation of the proposed traditional neighborhood development to major roads, utilities, public facilities and services.

C.

The planning commission shall review each requested waiver or modification based upon the variations from approved plans, codes and standards of development standards.

D.

Depending on the findings it makes, the commission shall either recommend approval of the application as proposed, approval of the application with changes to be made prior to action on the application by the city council, or disapproval.

3.

The city council shall consider and act on each application for a traditional neighborhood development district as it does for other zoning map amendments.

Once an application is approved, the application plan, all submitted standards for development, and all accepted proffers shall be included as part of the zoning regulations applicable to the traditional neighborhood development.

Definition: An "infill project" is a project in which a parcel is developed or redeveloped, where abutting or nearby parcels are already developed and the project area is relatively small compared to the developed abutting or nearby parcels.

c.

Reserved.

d.

Procedure for obtaining a bonus provision.

1.

The applicant shall submit a written request for each bonus category and the reasons why the bonus should be given. Such request shall consider the specific goals and purpose of the district and the bonus provision and shall outline strategies and plans to meet the goals.

2.

Bonus provisions are to allow a development to excel in one or more district goals. The applicant must achieve a minimum percentage of a category in order to obtain such bonus. Partial application of one or more categories does not permit any bonus credit to be given in that category.

3.

The applicant shall identify the increased number of units in the justification. In addition to increased lots, any development that is permitted a density bonus may reduce setbacks.

4.

The planning commission shall review and the council shall either accept or deny such requests.

(Ord. No. 233, § 1, 4-17-12; Ord. No. 298, § 1, 3-21-17; Ord. No. 330, 8-17-21)