Chapter 27. PLANNING AND DEVELOPMENT

Article VIII. ZONING

Division 4. DISTRICT REGULATIONS

§ 27-471. TND Traditional neighborhood design district.

Latest version.

(a)

Purpose. This section establishes and encourages innovative mixed-use development as an alternative to typical post World War II suburban, use-segregated developments. Specifically, the TND is intended to be used for the creation of developments that:

(1)

Create a dynamic, mixed-use environment, where walking is the predominant mode of transportation.

(2)

Provide for a range of housing choices in close proximity to each other, including vertical mixed use.

(3)

Create land development solutions that are not typically found elsewhere in the city.

(4)

Produce quality public spaces that are usable for a variety of public and semi-public activities.

(5)

Ensure higher standards of design and construction for buildings, public infrastructure, and landscaping.

(6)

Guarantee a high degree of connectivity for pedestrian and vehicular traffic.

(7)

Locate buildings close to the street, so that streets and squares are defined as "outdoor rooms".

(8)

Utilize all the streets for on-street parking.

(9)

Expedite the development process.

(10)

Provide numerous, narrow, slow-speed streets to ensure the safety of pedestrians and bicyclists.

(b)

Conceptual framework and T-zones. Because of the unique characteristics of TND, a sub-classification of organizing property and uses is established. The sub-classifications for TND are called "transect zones" (T-zones). T-zones help to regulate the creation of the built environment by utilizing land use, density, and intensity to create a quality environment by using them as assets rather than regulating them as potential detriments to the development.

(1)

T-zone definitions:

T-1 Natural. Land that will permanently remain undeveloped.

T-2 Rural. Large lot, rural and estate areas.

T-3 Sub-urban. The most natural, least dense, most residential context of a community.

T-4 General urban. A predominantly residential context, typically the largest zone within a community. It allows for the widest variety of housing choice.

T-5 Urban center. A denser, mixed-use context, typically located near the center of a pedestrian shed or as a corridor along important thoroughfares.

T-6 Urban core. The most dense, primarily mixed-use business, cultural and entertainment concentration of a region, typically assigned to major crossroads.

D District. Specialized single-use sections of a community that have a regional scale. Examples are hospitals, universities, stadiums or large wholesale markets.

CS Civic space. Sites reserved for civic buildings and civic open space. Zone CS includes land reserved for parks.

(c)

Design manual. In the TND district, a wide variety of uses and structures are permitted. To encourage this, the city requires any applicant seeking this zoning classification to submit as a part of the rezoning application a "design manual". The design manual shall include, but shall not be limited to:

(1)

A detailed summary of the project;

(2)

The scope and vision of the project;

(3)

An detailed analysis of the existing and surrounding zoning;

(4)

An detailed analysis of the existing site and development patterns at the neighborhood level;

(5)

A plan that illustrates the location of the T-zones contained in the project;

(6)

Illustrations of the building types contained in the project;

(7)

Illustrated thoroughfare standards;

(8)

Landscape standards;

(9)

Architectural standards;

(10)

A phasing diagram;

(11)

Unit count;

(12)

Illustrations of preliminary grading;

(13)

Illustrations of pedestrian sheds;

(14)

Illustrations of parks, open space, block patterns, and street network;

(15)

Illustrations of the overall master plan layout.

(d)

Performance standards. Performance standards shall be governed by the design manual. The intent of the district is to allow for a mixture of uses, often adjacent to or very close to each other. Issues of noise, trash, and operational hours are to be closely coordinated. Every application shall include the following elements:

(1)

The plan consists of a series of neighborhoods of an approximately ¼-mile radius, which correlates to a five minute walk from center to edge. This encourages walking and interaction among residents.

(2)

Each neighborhood has a discernible center.

(3)

Each neighborhood has a variety of dwelling types.

(4)

All TND developments of 80 acres or more allow civic uses within the neighborhoods.

(5)

Each neighborhood has a variety of open spaces.

(6)

The development has streets laid out in a connected network, so there are multiple alternate routes to various destinations.

(7)

Buildings are placed close to the street, so that streets and squares are defined as "outdoor rooms."

(8)

Street designs accommodate parking. Parking lots and garages rarely front the streets, and are typically relegated to the rear of the lot.

(9)

All T-5 and T-6 portions of a TND development abut and enter off a class A or B thoroughfare.

(10)

All TND developments of 80 acres or more include a minimum of three out of the six T-zones excluding zones T-1, D, and CS.

(11)

T-zones within the development are in succession (T-3, T-4, T-5 etc.), but may skip one zone. In no case may the T-zones skip over more than one zone (example T-2 to T-5). Zones D and CS do not occur in succession and may abut any other T-zone.

(e)

Development review board. There is hereby created a development review board (DRB). The DRB will act as the governing body for all areas zoned TND and shall enforce building layout, aesthetics, and the design manual.

(1)

Members. The DRB is to be composed of six members:

The chairman of the planning commission, with the consent and approval of the planning commission, shall appoint two members of the planning commission to serve on the DRB.

The planning director shall appoint one member of the city's planning staff to serve on the DRB.

The public works director shall appoint one member of the city's public work's staff to serve on the DRB.

The applicant, or his designee, shall serve on the DRB.

The applicant's architect or designer shall serve on the DRB.

(2)

Organization and authority.

Organization. The DRB shall elect officers as it deems necessary.

Rules. The DRB shall have the power to make whatever rules and guidelines necessary for the execution of its duties as set forth in this section. All rules shall be approved by the board of commissioners by resolutions before becoming effective. If no rules are readopted, Robert's Rules (RR) shall apply.

Meetings. The DRB shall meet on an as-needed basis, based upon the complete submission of applications.

Records. The DRB shall keep minutes and records of all meetings and proceedings including voting records, attendance, resolutions, determinations, and decisions. All such material shall be public record.

Vacancies. All vacancies on the DRB that are subject to appointment shall be reported to the planning commission.

(3)

Duties and powers. The DRB will act as the governing body for a TND district.

(f)

District size. All parcels zoned TND shall meet one of the following criteria:

(1)

Located west of Interstate 635 and containing a minimum of 80 acres.

(2)

Located east of Interstate 635, not located in the Downtown, and containing a minimum of five acres.

(3)

Located on an arterial collector.

(4)

Located within ¼-mile of an existing transit stop.

(5)

Located next to an existing TND zone and will connect with a public street to the existing TND zone.

(g)

Permitted uses. In the TND district, a wide variety of uses and structures are permitted. A use allowed by right or allowed by exception must occur within a structure intended for that use. Uses allowed by exception must be approved by the DRB. Structures and uses shall be regulated by T-zone:

(1)

Retail uses allowed by right.

Barber and beauty shops.

Churches.

Multiple level commercial parking lots.

Dry cleaning shops, self-service laundry and pick-up stations.

Financial institutions, health studios and centers.

Locksmiths, shoe repair shops.

Places of assembly for no more than 50 people to be rented out for a period of one week or less.

Printing, arts and handicrafts, tailoring and dressmaking.

Servicing of household appliances and small household equipment normally utilized within the home.

Small animal hospitals and clinics.

Jewelry, house-wares, artwork, hobby supplies, gifts, flowers.

Books, paper products, office supplies, cameras.

Sporting goods, music supplies and instruments, bicycles, pets.

Foods and beverages, including consumption on the premises.

Toys, electronic devices, household appliances, and furnishings.

Clothing, shoes, pharmaceuticals and eyeglasses.

Custom furniture re-upholstery and repair.

Grocery, hardware, department store under 50,000 square feet.

Theaters and performance halls with up to three screens.

(2)

Retail uses allowed by exception.

Automotive accessories.

Schools of a nonacademic nature including vocational and trade schools, training centers.

Taverns and private clubs.

Gas stations and convenience stores.

(3)

Office uses allowed by right.

Offices for the administrative functions of businesses, corporations, governmental agencies, utilities, social and philanthropic organizations.

Offices for the sale of insurance, real estate, securities, and travel services, as well as equipment, products and materials which are located off the premises.

Photographic studios, radio and television studios, hospitals and clinics for treatment of humans, dental laboratories, mortuaries, day care centers, beauty salons.

Offices for the professions such as medicine, law, engineering, architecture, osteopathy, chiropractic and counseling.

Day care and pre-schools.

(h)

Building types. In the TND, a variety of building types are permitted, from mixed-use buildings to single-family detached houses.

(1)

Building type definitions.

Accessory unit. A dwelling unit (sometimes known as a granny flat) that is located over a garage on the same lot or premises as the main structure. An accessory unit may also be a single story dwelling unit, not associated with a garage, located on the same lot or premises as the main structure. Such units can be attached or detached from the main structure, and are located towards the rear of the lot. All accessory units shall have a maximum square footage equal to 50 percent of the main structure's finished space excluding garages and basements.

Apartment building. A structure with more than two dwelling units on one lot. The apartment building type may also be used for lodging purposes.

[c.]

Flat over flat (duplex). A structure with two dwelling units placed one above the other.

[d.]

Live/work building. A dwelling unit that contains, to a limited extent, a commercial component. A live/work unit is a fee-simple unit on its own lot with the commercial component limited to the ground level.

[e.]

Mixed use building. A building or buildings that combines retail/commercial and/or service uses with residential or office use in the same building or on the same lot in one of the following ways:

Vertical mixed use. A single structure with the above floors used for residential or office use and a portion of the ground floor for retail/commercial or service uses.

Horizontal mixed use—Attached. A single structure which provides retail/commercial or service use in the portion fronting the public or private street with attached residential or office uses behind.

Horizontal mixed use—Detached. Two or more structures on one site which provide retail/commercial or service uses in the structure(s) fronting the public or private street, and residential or office uses in separate structure(s) behind or to the side.

[f.]

Paired house (duplex). A structure with two dwelling units placed one beside the other sharing a common wall.

[g.]

Prominent civic building. A civic building located on a prominent community site. Prominent civic structures are allowed more design flexibility due to their role in the community and the plan. Prominent civic buildings are to be located in CS zones.

[h.]

Row house. One dwelling unit attached by a common wall to another dwelling unit. A row house is generally a fee simple unit, from ground to roof, with no units above or below.

[i.]

Single-family detached house. One dwelling unit on its own lot, detached from other adjoining lots.

[j.]

Small civic building. A civic building specifically designed for a civic function but not located in a civic space (CS) zone.

[k.]

Small commercial building. A single-use, one-story structure with either office or retail use.

(2)

Allowed building types. Building types are regulated by T-zone as listed in table 27-1176-1. Building types allowed by exception must be approved by the DRB.

Table 27-1176-1 Allowed Building Types

Building Type	T2	T3	T4	T5	T6	CS
Type I: Mixed Use Building			E	R	R
Type II: Live/Work Building		E	E	R	R
Type III: Small Civic Building		E	R	R	R	E
Type IV: Small Commercial Building				E
Type V: Apartment Building			R	R	R
Type VI: Rowhouse			R	R	E
Type VII: Flat over Flat (Duplex)		E	R
Type VIII: Paired House (Duplex)		E	R
Type IX: Single Family Detached House	R	R	R
Type X: Accessory Unit	R	R	R	R	R
Type C: Prominent Civic Building		E	E	E	E	E

Interpretation of Table 27-2276-1: "R" means allowed by right; "E" means allowed by exception. A blank cell means that the building type is not allowed.

(i)

Frontage types. In the TND, a variety of frontage types are permitted.

(1)

Frontage type definitions.

Arcade. A frontage wherein the facade is a colonnade that overlaps the sidewalk, while the facade at sidewalk remains the frontage line. This type is conventional for retail use, with other uses in the occupied space above the colonnade.

Common lawn. A frontage wherein a group of buildings share a common lawn. The frontage has a visual relation to the street and to the buildings across the lawn.

Doorway. A frontage wherein the facade is aligned with the sidewalk and the entry is a door flush with the facade, or recessed into the facade. This type is similar to storefront frontages, except that they are primarily used for residential entries.

Dooryard. A frontage wherein the facade is set back from the frontage line by an at-grade courtyard. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. The dooryard is suitable to conversion for outdoor dining.

Forecourt. A frontage wherein a portion of the facade is close to the frontage line and the central portion is set back. The forecourt created is suitable for vehicular drop-offs. This type should be allocated in conjunction with other frontage types. Large trees within the forecourts may overhang the sidewalk.

Front yard. A frontage wherein the facade is set back from the frontage line with an attached porch permitted to encroach. A fence at the frontage line is optional.

Gallery. A frontage wherein the facade is aligned close to the frontage line with an attached cantilevered shed or a lightweight colonnade overlapping the sidewalk. This type is conventional for retail use.

Storefront. A frontage wherein the facade is aligned close to the frontage line with the building entrance at sidewalk grade. This type is conventional for retail use. It has substantial glazing on the sidewalk level and an awning that may overlap the sidewalk to the maximum extent possible.

Terrace or light court. A frontage where the facade is set back from the frontage line by an elevated terrace or sunken light court. The sunken court can potentially access an additional unit below grade. This type buffers residential use from urban sidewalks and removes the private yard from public encroachment. The terrace is suitable to conversion for outdoor dining.

(2)

Allowed frontage types. Frontage types are regulated by building type as listed in table 27-1176-2.

Table 27-1176-2 Allowed Frontage Types

Building Type	Type I: Mixed-Use Building;rr;	Type III: Small Civic Building;rr;	Type IV: Small Commercial Building;rr;	Type V: Apartment Building;rr;	Type VI: Rowhouse;rr;
Building Type	Type II: Live/Work Building;rr;	Type III: Small Civic Building;rr;	Type IV: Small Commercial Building;rr;	Type V: Apartment Building;rr;	Type VI: Rowhouse;rr;
Frontage Type
Arcade	A	A	A	A
Common Lawn				A	A
Doorway		A		A	A
Dooryard	A	A	A	A	A
Forecourt		A		A
Front Yard		A		A	A
Gallery	A	A	A	A
Storefront	A	A		A
Terrace/Light Court			A		A

Building Type	Type VII: Flat over Flat (Duplex)	Type IX: Single Family Detached House	Type X Accessory Unit	Type C: Prominent Civic Building
Building Type	Type VIII: Paired House (Duplex)	Type IX: Single Family Detached House	Type X Accessory Unit	Type C: Prominent Civic Building
Frontage Type
Arcade			Constraints are dependent on principal structures.;rr;	By DRB Review
Common Lawn	A	A*
Doorway
Dooryard	A
Forecourt
Front Yard	A	A
Gallery
Storefront
Terrace/Light Court	A

Interpretation of Table 27-2276-2: "A" means allowed. "A*" means allowed in all applicable zones except T-2. A blank cell means that the building type is not allowed.

(j)

Function intensity standards. The intensity of the uses are governed by T-zone, lot location, and parking requirements:

(1)

Applicable to all zones.

Applicable to all uses. Use is limited by the parking requirement of subsection 27-1176(n).

Residential. Only one accessory unit or accessory structure shall be allowed per main structure.

(2)

Zone T-2.

Lodging. The number of bedrooms permitted on each lot for lodging is limited to a maximum of 12 bedrooms.

(3)

Zone T-3.

Lodging. The number of bedrooms permitted on each lot for lodging is limited to a maximum of 12 bedrooms.

Office. The building area available for office use on each lot is restricted to the first story of the principal or the ancillary building.

Retail. The area in T-3 available for retail use must be designated on the regulating plan. The total area of retail in T-3 is limited to 500 square feet at the first story for each 100 dwelling units within the entire TND development.

(4)

Zone T-4.

Lodging. The number of bedrooms permitted on each lot for lodging is limited to a maximum of 12 bedrooms.

Office. The building area available for office use on each lot is restricted to the first story of the principal or the ancillary building.

Retail. The building area available for retail use is restricted to block corner locations at the first story.

Residential. In order to ensure a diversity of residential opportunities, a minimum of three of the allowed by right building types must be constructed, not including accessory units. Each type must account for at least ten percent of the total number of units within this zone only.

(5)

Zone T-5.

(k)

Height standards. The height of the primary building on a lot is regulated by T-zone:

(1)

Applicable to all zones. Accessory units (building type X) and accessory structures shall not exceed the height of the primary structure.

(2)

T-2. No more than two and one-half stories for all building types.

(3)

T-3. No more than two and one-half stories for all building types. Live/work buildings and flat over flat buildings shall at least two stories.

(4)

T-4. No more than three stories for all building types. Mixed-use buildings, live/work buildings, and flat over flat buildings shall be at least two stories. Mixed use buildings and live/work buildings shall have a first floor to ceiling height of 15 feet minimum.

(5)

T-5. At least two stories and no more than four stories for all building types. Mixed-use buildings, live/work buildings, and small commercial buildings shall have a first floor to ceiling height of 15 feet minimum.

(6)

T-6. At least two stories and no more than eight stories for all building types.

(7)

D. No more than four stories.

(8)

CS. No height limitation.

(l)

Setback standards. Setbacks are regulated by T zone and frontage type and are measured from the public right-of-way. Setbacks are regulated by transect zone and frontage type as listed in tables 27-1176-3 and 27-1176-4.

Table 27-1176-3 Front Setbacks

Transect Zone		T2	T3	T4	T5	T6	CS	D
Frontage Type
Arcade Doorway Gallery Storefront			0'	0'	0'	0'	By Special Review
Common Lawn			10-20'	0-10'	0-10'	0-10'
Dooryard			8-20'	8-20'	8-20'	8-20'
Forecourt	Courtyard Facade		25' min.	10-35'	10-35'	10-35'
Forecourt	Foreground Facade		10-25'	0-10'	0-10'	0-10'
Front Yard		50' min.	10-25'	0-15'	0-15'	0-15'
Terrace/Light Court			10-25'	8-20'	8-20'	8-20'

Interpretation of Table 27-2276-3: A blank cell means that a standard is not applicable.

Table 27-1176-4 Side and Rear Setbacks

Transect Zone		T2	T3	T4	T5	T6	CS	D
Setback Type
Side Setback		50' min.	5' min.	0-10'	0-10'	0-10'	By Special Review;rr;
Rear Setback	Corner Lot	50' min.	5' min.	5' min	5-10'	0-10'
	Interior Lot	50' min.	5' min.	5' min	5' min	0-10'
	Lot with Alley;rr;	8'	8'	8'	8'	8'

(1)

Additional setback standards.

For parking lots and parking garages. At least 25 feet from any public right-of-way and at least six feet from any property line.

Minimum thoroughfare landscaping and buffering setbacks. The TND district thoroughfare landscaping and buffering setbacks shall comply with the landscape standards of this chapter.

(m)

Lot size and area standards.

(1)

Lot size. Lot sizes are regulated by T zone.

T-2. Minimum of 20 acres average per dwelling unit.

T-3. A mixture of lot widths is required in order to achieve residential diversity. The provision of small, medium, and large lot widths shall be achieved as follows:

Small lots. At least 25 percent and no more than 50 percent of the total number of lots in T-3 shall be 25 feet to 45 feet wide.

Medium lots. At least 25 percent and no more than 50 percent of the total number of lots in T-3 shall be 45 feet to 60 feet wide.

Large lots. At least 15 percent and no more than 35 percent of the total number of lots in T-3 shall be more than 60 feet wide.

T-4. Sixteen feet minimum lot width for attached housing, 25 feet minimum lot width for detached housing.

T-5. No minimum lot size. Lot widths are limited to no more than 60 feet. Lots with common lawn frontages have no maximum lot width.

T-6. No minimum.

CS. No lot size regulation.

D. By special review of the development review board.

(2)

Minimum floor area. Floor area requirements for the TND district are regulated by the currently adopted building code.

(n)

Parking standards. Parking standards are a component of the design manual, and shall be illustrated as such. Parking standards are regulated by T zone. Office and retail space may utilize the on-street parking adjacent to the lot frontage as part of the parking requirement.

(1)

T-2.

Two off-street parking spaces shall be provided for each dwelling unit.

One off-street parking space shall be provided for each lodging bedroom.

(2)

T-3.

Two off-street parking spaces shall be provided for each dwelling unit.

One off-street parking space shall be provided for each lodging bedroom.

Two parking spaces per 1,000 square feet of office or retail space shall be required.

(3)

T-4 and T5.

One off-street parking space shall be provided for each dwelling unit.

One off-street parking space shall be provided for each lodging bedroom.

Two parking spaces per 1,000 square feet of office or retail space shall be required.

(4)

Zone T-6. There is no parking requirement for dwelling units, lodging units, office space, or retail space.

(5)

Zone CB. No parking regulation.

(6)

Zone D. By the DRB.

(7)

Shared parking standard. When sharing uses on a particular lot, the parking requirement may be further reduced by the following factors:

Residential and office. The combined requirement may be reduced by a factor of 0.75.

Residential and retail. The combined requirement may be reduced by a factor of 0.9.

Office and retail. The combined requirement may be reduced by a factor of 0.75.

Lodging and residential. The combined requirement may be reduced by a factor of 0.9.

Lodging and office. The combined requirement may be reduced by a factor of 0.8.

Lodging and retail. The combined requirement may be reduced by a factor of 0.9.

(8)

If parking is reduced under subsection (7), above, the applicant must provide a written agreement between the owners and lessees of the parking spaces that complies with the following standards:

The term of agreement is a minimum of 20 years.

The agreement must provide that it is enforceable by the Unified Government of Wyandotte County.

The agreement must provide that it binds all heirs, successors, and assigns to the lessor and lessee.

The agreement must be recorded with the register of deeds of the county.

If the agreement expires or terminates, the use for which the off-site parking was provided will be considered nonconforming. All approvals relating to the nonconforming use will be subject to revocation. Continuation or expansion of the nonconforming use is prohibited unless the use is brought into compliance with the parking regulations of this chapter.

(o)

Additional standards.

(1)

Businesses providing drive up or walk up services such as restaurants must be designed to match the character of the development. In no case shall the drive thru lane or window abut or face a public street.

(2)

Gas stations, bank drive-thrus, and convenience stores must be designed to match the character of the development. In no case shall the gas pump canopy abut a public street. Any canopy must be attached to the primary building. All canopy supports must match the primary building material and design of the primary building.

(3)

Sidewalk sales and display of merchandise may only occur adjacent to storefront businesses in T-zone 5 and 6 where the paved sidewalk is a minimum of ten feet wide. The merchandise shall only be displayed along the tenant space and up to five feet from the building face. No used merchandise may be displayed outside. All merchandise sold outside must be of the same character and nature as the goods sold inside.

(4)

Outdoor eating areas for restaurants and drinking establishments are allowed along the sidewalk in T-zones 5 and 6 where the paved sidewalk is a minimum of ten feet wide. The merchandise shall only be displayed along the tenant space and up to five feet from the building face.

(5)

Outdoor eating areas for restaurants and drinking establishments may not occupy an area greater than ten percent of the floor area of the adjoining establishment.

(6)

Communication antennas and towers shall comply with the accessory use section 27-1271 or special use permit section 27-1252(32) of the unified government zoning code.

(7)

All dwelling units within this district must be provided with a basement or with a FEMA standard safe room constructed to tornado standards for the protection of the occupants.

(p)

Signs. Each live/work unit shall be permitted a sign area that shall not exceed five percent of the first floor face. The sign area can be used in one wall-mounted sign, one projecting sign, or the sign area can be divided between a combination of the two sign types. In no case shall a projecting sign project more than three feet from the face of the building. All wall-mounted signs are to be individual channel lock letters. Portable signs such as sandwich boards are allowed but must be removed daily. Sandwich board signs are restricted to be no larger than two feet by two feet. All other commercial signs shall be governed by the C-1 or C-2 sign code.

(1)

Prohibited signs. The following signs are prohibited:

Internal illuminated signs for live/work units.

Attention-attracting devices for live/work units.

Electronic signs.

Pole signs.

Roof signs.

Obsolete signs.

Signs that falsely state that the building or portions thereof is reserved for a use that is inconsistent with the existing zoning.

(q)

Roadway standards. All roadways shall be governed by the street standards portion of the design manual and Code, which govern the specific design of every roadway in the district, including the provision of on-street parking. In general, roadways are to be designed for slower design speeds, to ensure the safety of pedestrians, bicyclists, and motorists. This entails narrower lane widths, the provision of on-street parking on all roadways types, and small curb radii at intersections. A variety of roadways types is encouraged, and block perimeters should be small. Specific roadways standards are noted in the appendix A of this chapter: TND roadway design criteria.

(1)

Road type definitions.

Alley. Very low capacity roadway with two-way yield operation along the rear of properties providing common access for parking, service areas, and accessory units as well as utility easements.

Avenue. Medium capacity roadway with intensive pedestrian use appropriate as the main street of the commercial or mixed use zone.

Courtyard. Low to very low capacity divided roadway with a landscaped median to provide direct local access along a dead-end alignment.

Frontage road. Low to very low capacity roadway parallel to a thruway to provide access to abutting property.

Lane. Low to very low capacity roadway with two-way yield operation to provide direct access to abutting land.

Parkway. Low to medium capacity divided roadway with a landscaped center median appropriate as the main street of the commercial or mixed use zone.

Public square. A configuration where the perimeter streets are all one way providing counter-clock-wise circulation, with a landscaped center median.

Route. Low to medium capacity roadway that connects different parts of the TND but does not provide direct access or parking to abutting land.

Street. Low capacity roadway to provide direct local access to abutting land. A street may have either two-way or one-way operation.

Thruway. Medium to high capacity roadway that bisects or borders the TND and is part of the larger collector-arterial network of the city.

(r)

Block sizes. All blocks shall have the following maximum block perimeters:

(1)

Zone T-3: 3,000 feet maximum.

(2)

Zone T-4: 1,800 feet maximum.

(3)

Zone T-5: 2,000 feet maximum.

(4)

Zone T-6: 2,000 feet maximum.

(s)

Landscape standards. All landscaping shall be governed by a landscape standards portion of the design manual, which lists plant species, instructions, location criteria, and their application in the various T zones.

(1)

Frontage landscaping. Minimum landscaping at the completion of construction between the frontage line and the building facade is regulated by frontage and building type.

Arcade.

Applicable to all building types: Zero landscape plantings required.

Common lawn.

Applicable to all building types: Six landscape plantings required per dwelling unit. At lease one of the six required landscape plantings shall be a shade or ornamental tree.

Doorway.

Applicable to all building types: Zero landscape plantings required.

Dooryard.

Building types I, II, III, IV: Zero landscape plantings required.

Building types V, VI, VII, VIII: Six landscape plantings required.

Forecourt.

Applicable to all building types: Fifteen landscape plantings required

Front yard.

Applicable to all building types: Eleven landscape plantings required. At least two of these landscape plantings shall be a shade or ornamental tree. Landscape plantings at approximately 30 inches on center shall be used along street-facing foundation walls.

Gallery.

Applicable to all building types: Zero landscape plantings required.

Storefront.

Applicable to all building types:

Storefronts less than 60 feet in length: Zero landscape plantings required.

ii.

Storefronts greater than 60 in length: landscaping in the form of movable planter boxes and pots are required. One planter box with a minimum dimension of 18 inches by 18 inches shall be required per 25 feet of storefront length.

Terrace/light court.

Building types I, II, III, IV: Zero landscape plantings required.

Building types V, VI, VII, VIII: Six landscape plantings required.

(2)

Street trees. Trees are required in the public right-of-way along streets, at a minimum of one shade tree every 40 feet, except where a park exists.

(3)

Buffering. In situations where the rear property of a detached single-family home abuts a public street, thoroughfare, or an existing detached single-family subdivision zoned R-1 or R-1(B), buffering shall be put in place to soften the impact of the development and protect future property owners from traffic sound and headlight glare. The necessary buffering shall be accomplished by the use of trees, shrubs, walls, and fences within a landscape easement or tract. The applicant shall submit a thorough landscape plan that addresses how this buffering will be accomplished. At least two of the following elements must be used:

Evergreen trees planted at 30 feet on center.

Evergreen shrubs planted at four feet on center.

A six-feet high masonry wall or solid fence.

(t)

Building materials. All building materials and their use shall be governed by the architecture standards portion of the design manual, which shall list specific material instructions and usage criteria. Masonry building materials approved for this district are stone, brick, cast stone, and stucco. Synthetic stone, such as pre-manufactured fiberglass, cultured stone, or glass-fiber reinforced concrete is permitted, provided that it is identical in appearance and of equal or greater durability to natural stone. These masonry materials shall be required on 65 percent of the sum total of all building facades, except for building type X, single-family detached house, which shall have 25 percent of the sum total of all facades. Building type XI, accessory units, and accessory structures and garages shall be exempt from the masonry requirement but shall be constructed from the same materials as the main structure. Stucco in a TND development shall mean traditional stucco or gypsum concrete/plaster materials with smooth sand finish. Cement board siding may be used to fulfill the masonry requirement but the percentage of masonry becomes 100 percent excluding trim unless otherwise approved by the DRB. Exterior insulation and finish systems (EIFS) or pre-manufactured panels are not permitted. These provisions are intended to ensure a longer-lasting, sustainable appeal of the TND neighborhoods.

(u)

Planned zoning. This is a planned zoning district that involves the submittal and approval of preliminary development plans at the time of rezoning. Following zoning approval, all final plans are approved as follows:

(1)

The DRB is delegated the authority to approve the final plan, except as provided in subsection [2], below.

(2)

If the DRB does not reach a unanimous recommendation on a final plan, then the issue will be presented to the planning commission for final review following the normal criteria for final plan submission set out in subsection 27-211(i).

(v)

Definitions for this section.

(1)

Accessory structure. Detached non-dwelling unit structure, including a garage, that is located on the same lot or premises as the main structure. Accessory structures shall not be located in the front yard.

(2)

Block. The aggregate of private lots, passages, rear lanes, and alleys, circumscribed by thoroughfares.

(3)

Civic. The term defining not-for-profit organizations dedicated to arts, culture, education, recreation, government, transit, religion, and municipal parking.

(4)

Civic space. An open area dedicated for public use.

(5)

Design manual. A manual used as a tool for the applicant to present their vision for the TND development. The manual is accepted as the code for the development and is used as a guide for the DRB review board to assure that the original design, continuity and theme is carried through the marketing and building process.

(6)

Development review board. This board will act as the governing body for the TND development and enforce building layout, aesthetics and the design manual. (See subsection 27-1176(e))

(7)

Frontage line. The front property line and/or right-of-way line of a building lot.

(8)

Landscape planting. A deciduous or evergreen tree or shrub planted between the frontage line and the front facade of a building. Perennial or annual flowers and bulbs are not considered landscape plantings.

(9)

Lodging. Premises available for daily and/or weekly renting of bedrooms.

(10)

Masonry. Durable, long-lasting materials such as stone, brick, cast stone, stucco, synthetic stone, cultured stone, and, glass-fiber reinforced concrete.

(11)

Open space. An area or tract of land that is set aside and left natural or pristinely manicured for the enjoyment of the public. These areas should be accessible both physically and visually to residences of the community. Such land shall be owned and maintained by the developer, owner, or property owners association.

(12)

Outdoor room. An open space that is framed by buildings, fences, walls, landscaping, or berms in order to create the feel of a private open space.

(13)

Pedestrian shed. An area defined by the average distance that may be traversed at an easy walking pace from its edge to its center. This distance is applied to determine the size of a neighborhood or extent of a community. A standard pedestrian shed is one-quarter of a mile radius, or 1,320 feet. Pedestrian sheds should be conceived as oriented toward a central destination containing one or more important intersections, meeting places, civic spaces, civic buildings, and the capacity to accommodate a T-5 transect zone in the future.

(14)

Plan of record. The plan that is accepted by the city planning commission and unified government board of commissioners as a part of the TND rezoning process. This plan shows the general shapes and forms of buildings, building materials, building locations, landscaping, open space and all other details of the plan. (See subsection 27-1176(c and d)).

(15)

T-zone. A geographical cross-section, used to identify the level of urban character and intensity of a traditional neighborhood design project.

(16)

Use-segregated development. A method of development wherein different types of uses are separated and sorted by type, size, and setback from property lines.

(17)

Walkable neighborhoods. Neighborhoods that are designed to allow residents the ability and reason to walk around the neighborhood for goods, services, and social interaction.

APPENDIX A—TND ROADWAY DESIGN CRITERIA

Type		Thruway	Frontage Road	Avenue	Parkway	Route	Public Square	Street	Lane	Courtyard	Alley
Design speed		see comment	20	30	30	30	20	25	20	20	10
Maximum ADT		see comment	400	7,000	7,000	7,000	7,000	2,000	400	400	200
T-zones applicable to		All zones	T3, T4	T3, T4, T5, T6 districts	T3, T4, T5, T6 districts	T1 & T2	T3, T4, T5, T6 districts	T3, T4, T5, T6 districts	T3, T4	T3, T4	T3, T4, T5, T6 districts
Number of lanes		see comment	1 lane, one-way, see comment	2 or more, see comment	2	2	1 or 2	2 or 1 for one-way	1 lane two-way operation	1 lane each way divided by median, see comment	1 lane two-way operation
Intersection spacing, block length min/max. sheet note 4		1/3 mile minimum for controlled intersection. Shorter allowed for right-in, right-out. Public square, courtyard, alley and lane cannot intersect thruway	220 feet/660 feet, sheet note 6	300 feet/660 feet	300 feet/660 feet	125 feet/660 feet	maximum length 300 feet. sheet note 7	125 feet/660 feet	125 feet/660 feet	125 feet/660 feet	125 feet/660 feet
Dead end alignment		see comment	not allowed	not allowed	not allowed	not allowed	not allowed	allowed, 600 feet max. min 75 feet cul-de-sac diameter	not allowed	allowed, 150 feet max	not allowed
Driveway access		none	allowed	limited	limited	allowed	not allowed	allowed	allowed	allowed	allowed
On-street parking		see comment	parallel or head in	parallel or head in	parallel or head in	not allowed	parallel or head in	parallel or head in sheet note 2	parallel only sheet note 2	parallel or head in	design garage setbacks to discourage parking in alley ROW
Pedestrian facilities		see comment	5 feet minimum conc sidewalk access side only	10 feet minimum conc sidewalk, both sides	8 feet minimum conc sidewalk, both sides	use bicycle path	5 feet in T3, 8 feet elsewhere. Required on outside only	5 feet minimum conc sidewalk, both sides	5 feet minimum conc sidewalk, both sides	5 feet minimum conc sidewalk, both sides	no separate facility
Curb to sidewalk clearance (parkway width)		see comment	3 feet minimum sheet note 1.	3 feet minimum sheet note 1.	3 feet minimum sheet note 1.	8 feet minimum, maximum so as not to discourage use of trail.	3 feet minimum sheet note 1.	3 feet minimum sheet note 1.	3 feet minimum	3 feet minimum	not applicable
Bicycle facilities		see comment	shared	4 feet bike lane exclusive of gutter or 10 feet separated path, concrete or asphalt	4 feet bike lane exclusive of gutter or 10 feet separated path, concrete or asphalt	12 feet conc or asphalt separated path	shared	shared	shared	shared	shared
Roadside drainage		see comment	stand-up curb and gutter	stand-up curb and gutter	stand-up curb and gutter, may be pitched to drain to one side only	open swale	stand-up curb and gutter, may be pitched to drain to one side only	stand-up curb and gutter	stand-up curb and gutter	stand-up curb and gutter, may be pitched to drain to one side only	none - graded like sidewalk, or center swale with inlets
Lane widths to face of curb, sheet note 3	travel lane adjacent to curb	see comment	11 feet	13 feet	13 feet	11 feet	13 feet	11 feet	11 feet	11 feet, 20 feet at turn around	Single lane at 12 feet. sheet note 5
	travel lane not adjacent to curb	see comment	10 feet	12 feet	12 feet	10 feet	12 feet	10 feet	10 feet	10 feet, 20 feet at turn around	none
	Parking parallel	see comment	7 feet	8 feet	8 feet	not allowed	8 feet	7 feet	7 feet	7 feet	not allowed
	Parking heading	see comment	angled 45°, 16 feet	angled 45°, 18 feet	angled 45°, 18 feet	not allowed	angled 45°, 18 feet	angled 45°, 18 feet	not allowed	angled 45°, 18 feet	at 90°, 27 feet deep
Curb return radius		see comment	10 feet	20 feet	20 feet	25 feet	10 feet, see comment	10 feet, see comment	10 feet, see comment	10 feet, see comment	10 feet, see comment
Comment		Design of thruway not governed by this regulation.	Median between main roadway and frontage at least 15 feet not more than 35 feet		Median at least 25 feet not more than 60 feet		1. Median at least 40 feet not more than 75 feet 2. Curb return 20 feet when intersecting a one way street or a street with no parking on near side	1. Curb return 20 feet when intersecting a one way street or a street with no parking on near side	1. Curb return 20 feet when intersecting a one way street or a street with no parking on near side	1. Median at least 22 feet but not more than 60 feet. 2. Curb return 20 feet when intersecting a one way street or a street with no parking on near side	25 feet at alley to alley intersections or

Sheet notes:

T4 and higher may use 10 feet minimum conc sidewalk with zero curb to walk clearance and 5 by 5 tree planters at maximum 40 feet spacing.

In T3 zone tree planters may be placed in the parking lane.

Minimum total pavement width shall be 20 feet on any roadway except alleys.

Normal measurement is from centerline of right-of-way. Exception , when other streets intersect an avenue, or divided roadway (parkway, public square and courtyard) the intersection spacing shall be measured to the centerline of the nearest travel lane of the divided roadway not to the centerline of the right-of-way.

Pavement width of alley shall be modified to provide passing opportunities consisting of 20 feet by 40 feet paved area to occur at least each 300 feet or once on every reach that is not visible from a higher capacity roadways at both ends of the reach.

Separation of entry and exit of frontage road from other intersections will follow the minimum intersection spacing requirements of the intersected street, except where entry or exit is restricted by design elements to permit a right turn only then the distance from the edge of the nearest through lane of a second intersecting street upstream of the frontage road intersection to the edge of the frontage road may be a minimum of 40 feet.

Each intersection onto a public square shall have a splitter island or other control to discourage wrong way entry to the public square.

The provisions of appendixes B—D to Ord. No. O-29-06 are hereby adopted by reference as if set out in this section at length.

(Ord. No. O-23-10, § 1, 4-29-2010)

Editor's note

Ord. No. O-23-10, § 1, Apr. 29, 2010, repealed the former § 27-471 and enacted a new § 27-471 as set out herein. The former § 27-471 pertained to TND traditional neighborhood design district and derived from Code 1988, § 27-1176; Ord. No. O-9-01, § 1, 1-25-2001; Ord. No. O-29-06, § 1, 3-2-2006.

Cross reference

Definitions generally, § 1-2.

                    
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