A.

(TND) Guiding Principles. The following is a summary of the guiding principles of a (TND):

1.

Principles of Public Realm.

a.

Well-designed places; terminal vistas.

b.

Non-residential buildings near or at the sidewalk.

c.

Lots are typically smaller and narrower than in conventional subdivisions.

d.

Rear access alleys allowed.

2.

Principles of Transportation System.

a.

Connected web of streets.

b.

Culs-de-sac are to be avoided and, where permitted, are short in length.

c.

Curved as well as straights streets may be provided.

d.

Short blocks.

e.

Sidewalks are located on both sides of the street.

f.

Two or more points of ingress and egress are provided for the (TND).

3.

Principles of Mixed Use.

a.

(TNDs) always contain a mixture of dwelling types (e.g., single-family detached, single-family attached, multi-family, dwellings atop of commercial uses, etc.).

b.

Denser housing is found near a designated "TND Center".

c.

Civic uses are encouraged within the (TND).

d.

Similar types of buildings should face each other on opposite sides of the street.

4.

Principles of Architecture.

a.

Commercial buildings should be of the "shop-front" variety that cater to the pedestrian.

b.

Other non-residential uses within the TND should also be designed so as to cater to pedestrians.

5.

Principles of the (TND) Center.

a.

Each (TND) must have at least one neighborhood center (i.e., TND Center) as a focal point of the community.

b.

The (TND) center is "ideally" located in the geographic center, although there may need to be some variation to this theme to insure that the center is viable. In certain instances, a nearby, established, and pedestrian-oriented center located outside the (TND) may serve as an alternative.

c.

The (TND) Center shall consist of one or more uses that serve the residents of the (TND) and can include retail, office and civic uses.

d.

With limited exceptions (i.e., financial institutions, ATMs), commercial uses should not be automobile oriented.

6.

Principles of Open Space.

a.

Compact development should result in preservation of open space.

b.

(TNDs) shall have public open spaces such as greens, village squares, parks or playgrounds.

c.

Smaller open space areas should be distributed throughout the (TND).

d.

Pre-existing natural features should be retained (to the greatest degree feasible) and be incorporated into the (TND).

7.

Principles of Civic Uses in (TNDs).

a.

Civic uses may serve (TND) residents only (swimming pools, meeting centers) or the community as a whole (church, school).

b.

For (TNDs) located on tracts of less than 25 acres, the (TND) Center can consist entirely of civic uses that serve the (TND) residents only.

B.

TND Development Guidelines.

1.

Allowed Zoning Districts. (TNDs) may be allowed in the (R-1), (R-2), (R-3), (RS-20), (RS-12), (RS-8), (RMF), (TMU), (OLC), (O-1), (CBD), (UMU), (C-1), and (I-U) Districts.

2.

Maximum Residential Density. None.

3.

Maximum Building Height (based on TND component).

a.

Village Residential - Three stories.

b.

Central Residential - Three stories.

c.

(TND) Center - Five stories, except three stories in (R-1), (R-2), (R-3), (RS-20), and (RS-12) districts as well as any (TND) not located in the Urban Standards (US) Overlay District.

4.

Minimum Lot Width. None, except 40 feet on any lot containing a detached single-family dwelling unit.

5.

Minimum (TND) Tract Area. Ten acres.

6.

Required (TND) Components. Each (TND) shall contain the following four components:

a.

(TND) Center: This is the "Main Street" of the (TND) and may be located within the center of the (TND) itself, or on the internal periphery of the (TND) along a major road emanating from an existing adjacent thoroughfare. Non-residential uses may include retail, office, civic and certain "high-tech, low-impact" manufacturing uses. Residences may also be located in freestanding buildings or on top of non-residential buildings. Civic uses may be located anywhere in the (TND) Center or in other portions of the (TND). If an established pedestrian-accessible town center (i.e., retail area, equal or greater in size to that which would have been required in the (TND) itself) lies within 2,400 linear feet (as measured by walking distance) from 75 percent of the residential units contained in the (TND), the (TND) Center requirement within the (TND) may be waived.

There may be more than one designated (TND) Center within the (TND); however, there shall be at least one designated "primary (TND) Center" that accommodates a minimum of 75 percent of the total acreage designated as "(TND) Center".

Figure 8.1.13-1

b.

Central Residential: This shall consist of higher-density residential development, along with civic uses, that lies adjacent (i.e., within ¼ mile walking distance from the edge of the primary (TND) Center) to the (TND) Center. Residential dwellings can include those of the attached and detached variety that are a maximum of three stories in height.

c.

Village Residential: The remaining developed portion of the TND shall consist of "village residential" uses that are limited to detached dwelling units.

d.

Open Space: Greenways, Parks, Greens, Village Squares, etc. (but not sidewalks or greenstrips), that meet the requirements of Section 11.7.

7.

(TND) Layout Requirements.

a.

Open Space: Open space shall be provided on a minimum of 20 percent of the gross acreage of the (TND). Such open space shall be in accordance with Section 11.7 of this Ordinance and shall be of such variety so as to be readily accessible to all residents of the (TND).

b.

(TND) Center: The (TND) Center shall constitute from ten to 25 percent of the gross acreage of the (TND).

c.

Central Residential: There is no maximum acreage standard for the Central Residential portion of the (TND).

d.

Village Residential: If all of the residential acreage lies within a one-quarter mile walking distance from the primary (TND) Center, there shall not be a required "Village Residential" component to the (TND) and the residential component of the (TND) can be satisfied entirely by the "Central Residential" component.

8.

Approval Process for a (TND).

⁽¹⁾ Irrespective of acreage within the (TND), a PIM and Conditional District zoning shall be required if either the (TND) Center or any multi-family residential buildings lie (1) directly across a public street from property not within the (TND); or (2) within 200 feet from the edge of a property line of a lot not located in the (TND) that is less than one acre in area and that contains a pre-existing single-family dwelling unit.

⁽²⁾ The Administrator shall be required to meet with the developer and review the (TND) per Section 5.16.5(A) to ensure conformity to the Ordinance prior to the PIM being held.

9.

Uses Allowed Within the (TND).

Note:

1.

X = Use allowed by-right; S = Special Use Permit required

2.

If a use located in the TND is subject to the issuance of a Special Use Permit, and if such use were shown on the site plan originally approved for the (TND) through the conditional zoning process, issuance of a Special Use Permit for such use shall not be needed. In instances where such use was not indicated on and approved as part of the site plan for the conditional rezoning of the property for the (TND), or the (TND) were approved administratively, a Special Use Permit would need to be issued for such use.

3.

Additional specifications for building design and layout in (TNDs) are indicated elsewhere in this Section.

10.

Allowed Housing Types.

⁽¹⁾ Allowed only in (TNDs) with a gross acreage of 50 acres or greater and located within the Urban Standards (US) Overlay District. Such type use shall not be allowed in an (R-1), (R-2), (R-3), (RS-20), or (RS-12) zoning districts.

11.

Off-street Parking Requirements. The requirements of Chapter 10 shall prevail except the location of off-street parking shall be as provided for herein based on the building type (i.e., uses within the (TND) Center must have their parking located entirely within the (TND) Center.) Parking decks, if used, shall be of the Option "B" and "C" variety as contained in Sections 10.9.2 and 10.9.3 of this Ordinance.

12.

Screening Requirements. A minimum type B screening shall be provided along the perimeter of the (TND) in accordance with Section 11.4. Screening may be required within the (TND) based on the use types.

13.

Accessory Structure Requirements. Accessory structure requirements shall be the same as provided in Section 9.9 of this Ordinance, except as herein provided.

14.

Lighting, Noise, Odor Requirements. Lighting requirements shall be the same as provided in Section 9.13 of this Ordinance. Noise requirements shall be the same as provided in Section 9.23 of this Ordinance. Odor control requirements shall be the same as provided in Section 9.22 of this Ordinance.

15.

Street Requirements.

a.

Streets within the (TND) should have a design speed of 30 miles per hour and a posted speed of 25 miles per hour. Higher design and posted speeds may be allowed on major boulevards that provide through access to the (TND) and adjoining developments.

b.

All streets (but not including alleys) shall be designed to have on-street parking on at least one side of the road. The street network within the (TND) and with adjacent streets outside the (TND) shall be interconnected to the greatest degree feasible and practical.

c.

Alleys in the (TND) shall have a minimum paved surface of 16 feet and a minimum right-of-way width of 24 feet. Alleys shall meet all other applicable NCDOT design and construction, except that alleys shall not be required to have curb and gutter and shall not be required to have an inverted crown for drainage.

d.

Culs-de-sac shall be limited in number within the (TND) and shall not be used to avoid street connections. Culs-de-sac shall be no greater than 250 feet in length.

e.

All primary entrances into the (TND) shall terminate at a terminal vista.

f.

Block lengths shall be no less than 500 feet and no greater than 800 feet in length.

g.

Refer to Section 9.18.3 for curb and gutter.

16.

Sidewalk/Greenstrip Requirements. Refer to Section 9.18.1(D) for sidewalk requirements and Section 9.18.2 for greenstrip requirements.

17.

Street Tree Requirements. Street trees shall be provided on all streets per Section 11.4.

C.

TND Building and Lot Standards. All design standards of the Urban Standards (US) Overlay District shall apply. Refer to Section 9.18.1(D) for provisions relating to sidewalks. In addition, the following design standards shall apply (the more restrictive of the design standards shall prevail):

1.

Non-Residential Buildings in the (TND) Center.

a.

Buildings facing each other on the same side of the same street shall maintain a common front build-to line of from zero to 15 feet behind the sidewalk. The Administrator may allow for minor deviations from the build-to line to allow for exterior amenities such as outdoor dining areas, customer drop-off points, etc. Refer to Figure 8.1.13-2 for an illustration of this requirement.

Figure 8.1.13-2

b.

Building facades shall be parallel to the adjoining street.

c.

Off-street parking shall be to the rear of buildings.

d.

Off-street parking areas shall be inter-connected, wherever possible.

e.

Trash dumpsters are to be located to the rear of the building.

f.

Buildings are to be served with rear-loading alleys.

g.

Primary pedestrian entrance into the building shall be from the adjoining front yard sidewalk.

h.

Building elevations fronting and/or visible from public streets shall be veneered with any of the following: brick, brick veneer, stone or stone veneer, stucco or artificial stucco; cement fiberboard; glass, wood, or wood materials, or similar materials. Decorative metal roofs shall be allowed. The Administrator or approval body, in instances where a Special Use Permit or Conditional District zoning is involved, shall have the authority to approve building materials not specifically listed but similar in appearance and texture to those herein listed.

i.

Street level windows shall be provided and shall be transparent. Mirror or reflective glass shall not be allowed.

2.

Multi-family Buildings.

a.

Front build-to lines shall be zero to 15 feet behind the sidewalk.

b.

Building facades shall be parallel to the adjoining street.

c.

Trash dumpsters are to be located to the rear of the building.

d.

The primary pedestrian entrance into the building shall be from the adjoining front yard sidewalk.

e.

Building elevations fronting and/or visible from public streets shall be veneered with any of the following: brick or brick veneer; stone or stone veneer; stucco or artificial stucco; glass, wood, cement fiberboard, or wood materials, or similar materials. Decorative metal roofs shall be allowed. The Administrator or approval body, in instances where a Special Use Permit or Conditional District zoning is involved, shall have the authority to approve building materials not specifically listed but similar in appearance and texture to those herein listed.

f.

Outside the (TND) Center, multi-family buildings shall have porches that form a predominant aspect of the building design. Porches shall constitute at least 15 percent of the front façade of each apartment unit in the building.

g.

Principal roofs of the building must have pitches that vary from 6:12 to 12:12 (i.e. rise over run).

h.

Multi-family residences shall be separated from detached residential uses within the (TND) by a street or greenway. If not possible, residential uses adjacent to the multi-family residences shall have substantially similar and compatible architectural facades

3.

Detached Single-family Residences.

a.

Garages may be attached or detached. If detached, they shall be in the side or rear yards only and designed to be entered into from the front or rear street and shall be set back at least 20 feet from the edge of the adjoining alley travel surface. Refer to Figure 8.1.13-3 for an illustration of this requirement. Up to one accessory dwelling unit may be placed above the garage. Such dwelling unit shall be exempt from any additional off-street parking requirements.

Figure 8.1.13-3

b.

A common front build-to line on both sides of the same block shall be maintained. Variations in front yard setbacks may vary by no greater than five feet on any block. Areas between the building and the adjacent sidewalk shall be landscaped per Section 11.4(G).

c.

Pedestrian access to the residence shall be from the adjoining front yard sidewalk.

d.

Building elevations fronting and/or visible from public streets shall be clad with any of the following: brick or brick veneer; stone or stone veneer; stucco or artificial stucco; glass, cement fiberboard; wood, or wood materials, or similar materials. Decorative metal roofs shall be allowed. The Administrator or approval body, in instances where a Special Use Permit or Conditional District zoning is involved, shall have the authority to approve building materials not specifically listed but similar in appearance and texture to those herein listed.

e.

Principal roofs of the building must have pitches that vary from 6:12 to 12:12 (i.e. rise over run).

f.

Front porches, where provided, shall be a minimum of eight feet in depth.

g.

Building facades shall be generally parallel to front property line.

h.

Front loaded detached garages are allowed outside the (TND) Center portion of the (TND). Such garages shall be set back at least 12 feet from the front building plane of the structure (inclusive of the porch). Refer to Figure 8.1.13-3 for an illustration of this requirement.

i.

Manufactured homes shall not be allowed.

j.

Accessory structures excluding mailboxes, newspaper boxes, walls, fences, birdhouses, and flag poles may not be located in any front yard. Accessory structures greater than 50 square feet in area and shall be comprised of materials similar as the principal structure.

4.

Attached Residences.

a.

A common front build-to line on both sides of the same block shall be maintained. Variations in front yard setbacks may vary by no greater than five feet on any block. Areas between the building and the adjacent sidewalk shall be landscaped per Section 11.4(G). Building facades shall be generally parallel to front property line.

b.

Pedestrian access to the residence shall be from the adjoining street.

c.

Building elevations fronting and/or visible from public streets shall be veneered with any of the following: brick or brick veneer; stone or stone veneer; stucco or artificial stucco; cement fiberboard; glass, wood, or wood materials, or similar materials. Decorative metal roofs shall be allowed. The Administrator or approval body, in instances where a Special Use Permit or Conditional District zoning is involved, shall have the authority to approve building materials not specifically listed but similar in appearance and texture to those herein listed.

d.

Principal roofs of the building must have pitches that vary from 6:12 to 12:12 (i.e. rise over run).

e.

Attached residences shall be separated from detached residential uses in the (TND) by a street or greenway. If not possible, residential uses adjacent to the attached residences shall have substantially similar and compatible architectural facades.

f.

Garages may be attached or detached. If detached, they shall be in the side or rear yards only and designed to be entered into from the front or rear street and shall be set back at least 20 feet from the edge of the adjoining alley travel surface. Refer to Figure 8.1.13-3 for an illustration of this requirement. Front loaded detached garages are allowed outside the (TND) Center portion of the (TND). Such garages shall be set back at least 12 feet from the front building plane of the structure (inclusive of the porch).

g.

Accessory structures excluding mailboxes, newspaper boxes, walls, fences, birdhouses, and flag poles may not be located in any front yard. Accessory structures greater than 50 square feet in area shall be comprised of the same exterior materials as the principal structure.

5.

Civic Buildings.

a.

A minimum ten-foot front yard setback shall be observed. Areas between the building and the adjacent sidewalk shall be landscaped per Section 11.4(G). Off-street parking in the front yard shall be prohibited.

b.

Building facades shall be generally parallel to front property line.

c.

Pedestrian access to the principal buildings shall be from the adjoining front yard sidewalk.

d.

Off-street parking areas shall be inter-connected, wherever possible.

e.

Trash dumpsters are to be located to the rear of the building.

f.

Building elevations fronting and/or visible from public streets shall be veneered with any of the following: brick, brick veneer, decorative concrete block, pre-cast or field poured tilt concrete panels with texture; stone or stone veneer, flush architectural metal panels; stucco or artificial stucco; glass, wood, or wood materials, or similar materials. Decorative metal roofs shall be allowed.

g.

The Administrator or approval body, in instances where a Special Use Permit or Conditional District zoning is involved, shall have the authority to approve building materials not specifically listed but similar in appearance and texture to those herein listed.

h.

Street level windows shall be provided and shall be transparent. Mirror or reflective glass shall not be allowed.

i.

Flat roofs may be permitted, provided a parapet is provided that screens all rooftop equipment from the view of pedestrians and motorists from the view below.