A traditional neighborhood development is permitted as a conditional
use in the R-1, R-2 and R-3 Districts.
In a traditional neighborhood development, only the following
uses are permitted:
A. Residential buildings, either detached, semidetached, attached or
multistoried structures or any combination thereof.
B. Accessory incidental retail and service uses to serve the traditional
neighborhood development only and limited to a delicatessen, dry cleaning
and/or laundry-receiving station, doctors' and/or dentists' offices,
pharmacy, barber shop and/or beauty shop or similar retail and/or
service uses approved by the Planning Commission. Certificates of
occupancy for such uses shall not be issued until 1/2 of the total
project is completed.
D. Public or parochial elementary schools, churches and uses accessory
to a church, libraries and community halls.
Bulk, dimensional, coverage and open space requirements are
as follows:
A. The requirements for front yards for the zone in which the traditional
neighborhood development is located shall apply to all exterior boundary
lines of the site.
B. A minimum of 10% of the total area of the traditional neighborhood
development shall be dedicated or reserved as usable common open space
land. An area of at least 5,000 square feet in area but no less than
to provide 200 square feet for each dwelling unit shall be provided
convenient to the residential areas for recreation purposes. Such
areas may be part of the 10% dedicated or reserved as open space.
This area shall be provided with appropriate play equipment, benches
and landscaping. The developer may provide a swimming pool and other
recreational facilities to be operated by businessmen or by an association
of residents of the traditional neighborhood development.
C. Horizontal distances.
(1)
Each structure containing dwelling units shall be designed to
maintain a minimum horizontal distance of no less than the following:
(a)
End walls that face each other but contain no apartment windows:
15 feet.
(b)
End walls that face each other and contain apartment windows:
30 feet.
(c)
End wall of one building faces principal facade (front or rear)
of neighboring building: 45 feet.
(d)
Principal facades, front or rear, of neighboring buildings that
face each other: 60 feet.
(2)
Adjacent buildings may abut one another if the width of abutting
walls is not more than six feet and if the angle formed by the abutting
buildings is not less than 75° nor more than 105°.
(3)
Facades of adjacent buildings shall be considered as facing
each other if they are parallel or would, if extended towards one
another to intersect, form an angle of not more than 45°.
(4)
Connected groups of abutting buildings shall not exceed 300
feet in total length.
(5)
Distances shall be construed as the shortest dimension between
any parts, including projecting balconies of adjacent buildings.
D. The heights of buildings shall not exceed the requirements of the
zone in which they are located.
E. Permitted site coverage may not exceed the percentage of coverage
permitted in the zone in which the project is located.
F. The number of dwelling units permitted shall not exceed the quotient
derived by dividing one net acre by the minimum lot size permitted
in the zone in which the traditional neighborhood development is located.
A net acre is determined by subtracting the area of streets to be
dedicated for public use from the total site acreage.
G. All areas of the site not covered by buildings or paved shall be
either planted in natural material or left in the state existing prior
to development, except that growth harmful to humans shall be removed
from the site.
To further the mutual interest of the residents of the traditional
neighborhood development and of the public in the preservation of
the integrity of the development plan as finally approved, and to
ensure that modifications, if any, in the development plan shall not
impair the reasonable reliance of the residents upon the provisions
of the development plan and shall not result in changes that would
adversely affect the public interest, the enforcement and modification
of the provisions of the development plan as finally improved, whether
recorded by plat, covenant, easement or otherwise, shall be subject
to the following provisions:
A. The provisions of the development plan relating to the use, bulk
and location of buildings and structures, the quality and location
of common open space, except as otherwise provided in this section,
and the intensity of use or the density of residential units shall
run in favor of the City and shall be enforceable in law or in equity
by the City, without limitation on any powers of regulation otherwise
granted the City by law.
B. All provisions of the development plan shall run in favor of the
residents of the traditional neighborhood development, but only to
the extent expressly provided in the development plan and in accordance
with the terms of the development plan, and to that extent the provisions,
whether recorded by plat, covenant, easement or otherwise, may be
enforced at law or equity by the residents acting individually, jointly
or through an organization designated in the development plan to act
on their behalf; however, no provisions of the development plan shall
be implied to exist in favor of residents of the traditional neighborhood
development except as to those portions of the development plan which
have been finally approved and have been recorded.
C. All those provisions of the development plan authorized to be enforced
by the City under this section may be modified, removed or released
by the City, except grants or easements relating to the service or
equipment of a public utility, subject to the following conditions:
(1)
No modification, removal or release of the provisions of the
development plan by the City shall affect the rights of the residents
of the traditional neighborhood development to maintain and enforce
those provisions, at law or equity, as provided in this section.
(2)
No modification, removal or release of the provisions of the
development plan by the City shall be permitted except upon a finding
by Council, following a public hearing thereon pursuant to public
notice called and held in accordance with the provisions of this section,
that the same is consistent with the efficient development and preservation
of the entire traditional neighborhood development, does not adversely
affect either the enjoyment of land abutting upon or across the street
from the traditional neighborhood development or the public interest
and is not granted solely to confer a special benefit upon any person.
D. Residents of the traditional neighborhood development may, to the
extent and in the manner expressly authorized by the provisions of
the development plan, modify, remove or release their rights to enforce
the provisions of the development plan, but no such action shall affect
the right of the City to enforce the provisions of this section.