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HomeMy WebLinkAbout09-23-09 redline Carmel Smart Code TextCARMEL SMARTCODE TEXT 9- 23 -09 TABLE OF CONTENTS ARTICLE 1. GENERAL TO ALL PLANS 1.1 AUTHORITY 1.2 APPLICABILITY 1.3 INTENT 1.4 PROCESS 1.5 WARRANTS AND ZONING WAIVERS VARIANCES 1.6 SUCCESSION ARTICLE 2 DIRECTION SECTOR 2.2 SEQUENCE OF DETERMINATION PRESERVED OPEN RESERVED OPEN GROWTH 2.5 (G 1) RESTRICTED INTE NDED 2.6 (G 2) CONTROLLED GROWTH SECTOR GROWTH 2.9 G2�, SPECIAL DISTRICTS ARTICLE 3. NEW COMMUNITY REGULATING PLANS 3.1 DIRECTIONS 3.2 SEQUENCE OF COMMUNITY DESIGN 3.3 COMMUNITY TYPES 3.4 TRANSECT ZONES 3.5 CIVIC ZONES 3.6 SPECIAL DISTRICTS 3.7 THOROUGHFARE STANDARDS 3.8 DENSITY CALCULATIONS 3.9 SPECIAL REQUIREMENTS ARTICLE 1 4 D i ARTICLE 5. BUILDING LOT REGU L ATING PLANS 5.1 DIRECTIONS 5.2 PRE EXISTING CONDITIONS 5.3 SPECIAL REQUIREMENTS 5.4 CIVIC ZONES 5.5 SPECIFIC TO T1 NATURAL ZONE 5.6 BUILDING DISPOSITION 5.7 BUILDING CONFIGURATION 5.8 BUILDING FUNCTION 5.9 PARKING AND DENSITY CALCULATIONS 5.10 PARKING LOCATION STANDARDS 5.11 LANDSCAPE STANDARDS 5.12 SIGNAGE STANDARDS ARTICLE 6. STANDARDS AND TABLES TABLE 1 TRANSECT ZONE DESCRIPTIONS TABLE 2 SECTOR- COMMUNITY TRANSECT ZONE ALLOCATION TABLE 3A VEHICULAR LANE DIMENSIONS TABLE 3B VEHICULAR LANE PARKING ASSEMBLIES TABLE 4A PUBLIC FRONTAGES GENERAL TABLE 4B PUBLIC FRONTAGES SPECIFIC TABLE 4C THOROUGHFARE ASSEMBLIES TABLE 5 PUBLIC LIGHTING TABLE 6 PUBLIC PLANTING TABLE 7 A PRIVATE FRONTAGES TABLE 713 BUNGALOW COURT FRONTAGE TABLE 8A BUILDING CONFIGURATION TABLE 8B BUILDING TYPES SPECIFIC TABLE 9 BUILDING DISPOSITION TABLE 10 BUILDING FUNCTION PARKING TABLE 11 PARKING CALCULATIONS TABLE 12 SPECIFIC FUNCTION USE TABLE 13 CIVIC SPACE TABLE 14 SMARTCODE SUMMARY TABLE 15A FORM -BASED CODE GRAPHICS T2 TABLE 15B FORM -BASED CODE GRAPHICS T3 TABLE 15B-C FORM -BASED CODE GRAPHICS T4 TABLE 15G-D FORM -BASED CODE GRAPHICS T5 TABLE 15O-E FORM -BASED CODE GRAPHICS T6 TABLE 16 SPECIAL DISTRICT STANDARDS TABLE 17 DEFINITIONS ILLUSTRATED INTENTIONALLY OMITTED TABLE 18 SUSTAINABLITY WIND POWER TABLE 19 SUSTAINABILITY SOLAR ENERGY TABLE 20 SUSTAINABILITY FOOD PRODUCTION TABLE 21 SUSTAINABILITY COMPOSTING RECYCLING TABLE 22 SUSTAINABILITY LIGHT IMPRINT STORM DRAINAGE ARTICLE 7. Def DEFINITIONS OF TERMS ARTICLE 11: GENERAL 1.1 AUTHORITY 1.1.1 This ordinance shall be referred to and known as the Carmel SmartCode (referred to in this ordinance as "this Code This Code is adopted pursuant to authority granted to the Council by the Advisory Planning Law, particularly I.C. °°�OSections 36 -7 -4 -1400 et seq. This Code shall be incorporated into Chapter 10 (ZONING AND SUBDIVISIONS) of the Carmel City Code as ARTICLE 3: CARMEL SMARTCODE. 1.1.2 This Code is adopted as one of the instruments of implementation of the public purposes and objectives of the Comprehensive Plan. Any application for approval of any Plan under this Code shall demonstrate conformance of such Plan to the Comprehensive Plan, and this Code hereby is declared to be in accord with the Comprehensive Plan. 1.1.3 This Code was adopted to promote the health, safety and general welfare of the Jurisdiction and its citizens, including protection of the environment, conservation of land, energy and natural resources, reduction in vehicular traffic congestion, more efficient use of public funds, health benefits of a pedestrian environment, historic preservation, education and recreation, reduction in sprawl development, and improvement of the built environment, preservation of open space, and provision of growth areas. 1.1.4 Each Plan approved pursuant to this Code may be amended only in accordance with this Code and other applicable law. 1.1.5 This Code shall constitute a supplement to, and is incorporated by reference into, the Zoning Ordinance. 1.2 APPLICABILITY 1.2.1 a. This Code shall be applicable in and shall be the exclusive and mandatory land use zoning, planning, subdivision and development ordinance in the Downtown SmartCode Area depicted on Table_ hereof Gases, this Code shall be an option that Fnay be eleGted by an owneF On lie6l Of PFOGeeding 61ndeF the Existing Planning and Zoning GFdonaRGeS. in any aFea of the Gity GOVeFed by an approved Community Regulating Plan. In the Downtown SmartCode Area this Code, the applicable Community Regulating Plan and any approved Building and Lot Plan shall comprise the sole land planning, zoning, subdivision, and development regulation for such area, which shall supersede and replace in all respects any other zoning ordinance, zoning map, subdivision ordinance, planning ordinance, development ordinance or overlay district ordinance previously applicable thereto. With limitation to the f o r ego inlv Except for design approval by the Plan Commission of any building having any non residential function as provided in Article 5 "Building Lot Plans no additional architectural or design approval shall be required for any Plans, development, project, building, renovation or redevelopment approval under this Code. [CITY TO CONFIRM] b. The existing Zoning Ordinance and Subdivision Control Ordinance (the "Existing Planning and Zoning Ordinances shall continue to be applicable to issues not covered by this Code. 1.2.2 The provisions of this Code, when in conflict, shall take precedence over those of Existing Planning and Zoning Ordinances. 1.2.3 Capitalized terms used throughout this Code may be defined in the text o f °r+i ^I°° 1.6 OF in Article 7 "Definitions-of Terms. T' which contains regulatory language that is integral to this Code. Terms Capitalized terms not defined in Article 7 "Definitions" of this Code but defined in Chapter 3 of the Zoning Ordinance shall be interpreted in accordance with the definition contained in Chapter 3 of the Zoning Ordinance. Words and terms not defined in either Article 7 "Definitions" of this Code or Chapter 3 of the Zoning Ordinance shall be interpreted in accordance with their normal dictionary meaning and customary usage. 1.2.4 The metrics of Article 6 _`Standards and Tables" are an integral part of this Code I I° rr however the diagrams and illustrations in any aGOFRpanying annotation or appendix shall be considered explanatory only. 1.2.5 Provisions of this Code are activated by "shall" when required; "should" when recommended; and "may" when optional. Where in conflict, numerical metrics shall take precedence over graphic metrics. 1.2.6 a. Uses of existing building(s) that legally do not conform to this Code with respect to Function may continue as non- conforming uses, as contemplated in Chapter 28 of the Zoning Ordinance. At such time as any such uses may no longer continue as non conforming uses or improvements under Chapter 28, such uses shall be required to conform to the requirements of this Code kwithout regard to the first sentence of this sest+ORSection 1.2.6a). b.Any building, appurtenance, or other improvement which legally existed immediately prior to the adoption of this Code that does not comply with the provisions of this Code in any way other than with respect to Function may continue in existence as a non conforming building, appurtenance or other improvement until a Substantial Modification occurs or is requested with respect thereto, at which time such building, appurtenance, development, lot or other improvement shall be required to comply to all applicable provisions of this Code kwithout regard to the first sentence of this Section 1.2.6b). c.Any property that has been granted approvals under the Existing Planning and Zoning Ordinances to such extent as is necessary for such approvals to have created Vested Rights, pursuant to I.C. Section 36 -7 -4 -1109, may proceed in accordance with such approvals. The owner of any such property, however, shall be entitled to elect to make application under this Code in lieu of proceeding under such approvals. In that case, the application under this Code shall be given priority processing by placing the same ahead of prior filed applications to the extent possible while still complying with applicable procedures related to such prior filed applications, and all additional fees for application under this Code shall be waived for application under this Code. d. Provided that all requirements of Article 5 "Building Lot Plans" of this Code for the applicable Transect Zone in which a Lot is situated are complied with other than lot dimensions and setbacks, which shall continue to be governed by the Existing City Planning and Zoning Ordinances in effect on the date immediately P orecedina the adoption of this Code, any subdivided lot that legally existed pursuant to an approved final subdivision plat immediately prior to the adoption of this Code shall continue to legally exist from and after the date of such adoption unless and until such time as a Community Regulating Plan covering such lot is approved subsequent to the approval of the Initial Community Regulating Plan. 1.3 '"'intent The intent and purpose of this Code is to enable, encourage and qualify the implementation of the following policies: 1 4 a 1 THE REG a. That the reg should Feta i ts natuFal i nfFastFUGtUFe and v GhaFaGteF deF fFeFn topography, woodlands farmlands and riparian norridors b. That gFewth stFateg should eRGOUFage Inf and Fedevelopment O n paF w New Commun G. That development non GGRt tG uFban aFeas should be eFgan O n the pattem of Clustered Land Deve L ID") Tradltlenal Neighborhood Development ("TNII or Downtown and be integrated with the evicting urban pattern e. That tFanspeFtat GeFF should be planned and FeseFved O R GE)OFd w land Use- f. That reen nnder -s i used o de and nnnneGt the anized r rri vmcrvr t zva rrc arla vvrm rn� a a eas. g. That the reg should i nGlude a fFarneweFk of tFans pedestF and b systems that prev altemat �a�� ur to the autemebile 1.3.2 T1 E COM UN'Tya Tbtneig,hbo an Downtown development should be compact and pedestrian- oriented and Mixed outside of existing single Function single family subdivisions should also be Mixed Use. b. That neighborhoods and Downtown should be the preferred pattern of development and that Distrints .Sp8GTa on Ta.S i Rg l euse shoul he the eveeptien c. That ordinary act of daily living should occur within walking or bikina distance of most dwellings allGWiRg i ndependenee to these who de net driV8 and premeting a healthy lifestyle d. That interconnected networks of Thoroughfares should be designed to disperse traffic and reduce the length of automobile trips. e. That within neighborhoods, a range of housing types and price Ie" should be diverse ages and ineemes f. That appropriate b u il d i ng D ensitie °development and land uses should be provided within walking distance of transit stops. g. That Civic, institutional, and Commercial activity should be embedded in downtowns, not isolated in remote single -use complexes. h. That schools should be sized and located to enable children to walk or bicycle to them. i. That a range of Open Space including Parks, Squares, and playgrounds should be distributed within neighborhoods and downtowns. 1 THE LGGIK AND THE BUILD al.That buildings and landscaping should contribute to the physical definition of Thoroughfares as Civic places. bk.That development should adequately accommodate automobiles while respecting the pedestrian and the spatial form of public areas. sl.That the design of streets and buildings should reinforce safe environments, but not at the expense of accessibility. Elm. That architecture and landscape design should grow from local climate, topography, history, and building practice. en.That buildings should provide their inhabitants with a clear sense of geography and climate through energy efficient methods. #o. That Civic Buildings and public gathering places should be provided as locations that reinforce community identity and support self government. g2.That Civic Buildings should be distinctive and appropriate to a role more important than the other buildings that constitute the fabric of the city. b the preservation restoration and renewal rehabiIitation of historic buildings should be facilitated +gin the enntinu and e"el„tien of seeiety through practice and design standards That the harmenieus and orderly evelutieR of 6irbaR areas should be S8G6IF8d thmugh feFFn based God 1.3 .4 THE TRAN&E6T n That Gemmi in +iosr. That Communities should provide meaningful choices in living arrangements as manifested by distinct physical environments. bs. That the Transect Zone descriptions on Table 1 "Transect Zone Description General" shall constitute the Intent of this Code with regard to the general character of each of these environments. 1.4 PROCESS 1.4.1 Pursuant to I.C. %Gt;enSection 36- 7- 4- 1401.5(b), the Commission has exclusive authority to approve or disapprove a Plan under this Code. However, subject to the Commission's rules of procedure, either a hearing examiner or a G0FAFAitt88.PIan Review Committee of the Commission designated under I.C. %Gt;enSection 36-7-4 402(d) is authorized to conduct hearings en reaarding and review Plans on behalf of the Commission. 1.4.2 The gee graphin IOGati^ns of the S +tOrs, the standards for the Transect Zones and the Initial Community Regulating Plan for the Downtown SmartCode Area shall be determined as set forth in Article 2, Ar+inlo 3 or+inlo 4, and AFt 5. PF00f Of GOrRpl with the S8GtOF Plan and the S8GtOFS SO d8t8FrR shall be required as a nnnrli +inn to the approval of any Commun Regulating Plan or other Plan '3 "Community Regulating Plans and Article 5 "Building and Lot Plans The standards for the Transect Zones and the Community Types permitted in each SestOr shall be applicable to each development, building or Plan under this Code. 1.4.3 An owner may appeal a decision on any Plan as set forth in I.C. %GnenSection 36 -7 -4 -1406. 1.4.4 Should a violation of an approved Community Regulating Plan occur during construction, or should any construction, site work, or development be commenced without an approved Community Regulating Plan or Building and Lot Reig Plan, the Zoning Administrator has the right to require the owner to stop, remove, and /or mitigate the violation, or to secure a Variance to cover the violation. 1.5 ZONING WAIVERS /VARIANCES 1.5.1 The Commission may, after a public hearing, grant a Zoning Waiver of any dimensional or quantitative requirement of this Code, by not greater than thirty -five percent (35 The public hearing may be conducted by a hearing examiner or committee as set forth in sest+enSection 1.4.1. Any approval of a Plan which permits such a waiver must meet all of the following conditions: a. That the waiver will enhance the proposed project and streetscapes and neighborhoods within a Standard Pedestrian Shed. b. That the waiver is justified by the intent of this Code as set forth in %GtienSection 1.3 "Intent" and will not adversely affect emergency vehicle access. c. That the Plan will exhibit extraordinary site design characteristics, including but not limited to: Increased landscape treatment, tree preservation, provisions for bicycle and pedestrian traffic. 1.5.2 In granting a waiver, the Commission may impose such conditions that will, in its judgment, secure the intent and purposes of this Code. 1.5.3 This %Gt+enSection 1.5 "Zoning -Waivers and Variances" does not affect the right of the applicant under Indiana law to petition the Board for a variance from development standards provided under I.C. 36 -7 -4 -918.5 and Chapter 30 of the Zoning Ordinance. 1.5.4 The request for a Variance shall not subject the entire application to approval in the Variance proceedings, but only that portion necessary to rule on the specific issue requiring the relief. 1.6 SUCCESSION 4.6.1 Twenty years after the approval of a Community Regulating Plan, each Transect Zone, except the T1 Natural anb T2Fu,lZones shalllZone, may be considered by the Plan Commission and City Council for rezoning to the successional (next higher) Transect Zone, in accordance with the Existing Planning and Zoning Ordinances. 2.1 DIRECT' IONS2.1Ta INTENTIONALLY OMITTED G Fd O RGlu ling without limitation Artinloc Q and A hereof G INTENTIONALLY V OMITTED d. The inotmal SeGtGF Plan (eF any amendment theFeef) shall be adopted aGGE)Fdong to the PFC)Gedure for zone Fnap PFGt8Gt by sale, g eF easement to the C eF by sale, g E)F easement to a natuFe eF land GGnseFvaRGY 0 tpd-st ARTICLE 3. NET 3: COMMUNITY REGULATING PLANS 3.1 DIRECTIONS 3.1.1 An Initial Community Regulating Plan shall be adopted according to the procedure for Map Amendments to the Zoning Ordinance set forth in Section 31.06.03 of the Zoning Ordinance. 4 ithin a n y part o f th Cit with Fespect to which an owner elects to develop in aGGGFdance with this Code, and w No development may occur within any part of the Initial Community Regulating Plan or any other Community Regulating Plan marked "Preserved Open Area "Civic Space" or T -Zone 1 Natural except with the recommendation by the Plan Commission to, and approval of the City Council. Within the Downtown SmartCode Area, 't °i ^n.,, 'n the Deserver! th Sector (0 2) the Restric Growth Sector !f-`_4 Controlled Growth Sector (G 2), the intended Growth Sector (G 3) and to the extent set out in secten 4 4 6(c) below, the Infill Growth ceGtOr (G 4) as shown on the Sector Plan' development shall be subject to approval of a Community Regulating Plan conforming to the provisions of this Article-3 and this Code. A development that complies with the Initial Community Regulating Plan shall be eligible for administrative approval by the Administrator. 3.1.2 Community Regulating Plans may contain more than one Community Unit and /or more than one Community Type. 3.1.3 Once the City Council approves the Initial Community Regulating Plan or any Newsubseauent Community Regulating Plan, the Plan area shall be marked on all zoning and other land use and land classification maps of the City as a SmartCode Community Planning Area with all applicable Transect Zones, Thoroughfares and other elements indicated. 3.1.4 This Code shall be the exclusive and mandatory zoning regulation for the Downtown SmartCode Area and other area w the City w,hinh is a QmartGede Planning Aron and the provisions of this Code shall be applied in their entirety to such areas. 3.1.5 Any development within an area for which a Community Regulating Plan has been approved shall comply with such approved Community Regulating Plan unless and until another Community Regulating Plan is submitted and approved for such development pursuant to section 3.1.2 above. 3.1.6 After approval of the Initial Community Regulating Plan under paragraph 3.1.1, New Community Regulating Plans may be submitted and approved under this Article foF aFeas wit e Q 2 Rese�ed QPenSes +the G 1 RestFiGted Growth SeGtC)F, the G 2 Controlled Growth SeGtE)F and the G 3 intended GFewth SeGtOF effeGt at sUnh time as an amendment or in addition to,as an amendment the Community Regulating Plan in effect at such time. Any such amendatory or additional New Community Regulating Plan shall be: a. prepared by or on behalf of the rit„ upon request of the P ninn Department for the City initiated either by the Department or Plan Commission; b. prepared by or on behalf of the owner of the property; or c. prepared by or on behalf of one or more owners of property within the G Infill r Few th G`entor comprising one or more adjoining parcels of at least 4810 acres of contiguous property pursuant to Section n 1 hereof i n whiGh Gase SUGh plan shall be subjeGt W this AFt 3 and treated On all FeSpeGts as a New havina at least 400 linear feet of Frontage. Any such amendatory Community Regulating Plan s bmission.may propose new Transect Zones, Civic Zones, Thoroughfares, Special Districts and /or Special Requirements as provided in this Article with Appropriate Transition to abutting areas. For purposes of this paragraph. "Appropriate Transitions" shall mean Each such amendatory Community Regulating, either alone or together with another such Community Regulating Plan shall regulate a minimum area the size of the Pedestrian Shed commensurate with its Community Type as listed in Section 3.3 "Community Types The Zoning Administrator shall determine the appropriate Community type based on existing conditions and other relevant information. A Community Regulating Plan also may be prepared for areas along a Public Thoroughfare. 3.1.7 Any New Community Regulating Plan application for a development that utilizes the Transect Zone assignments, Thoroughfares and all other elements of the then existing Community Regulating Plan applicable to such development and is otherwise in accordance with the provisions of this Code, for the appropriate Sentor within whi h the- sabjestr prGpeFty isted and requiring no Zoning Waivers or Variances, shall be approved administratively by the Zoning Administrator. Any other development shall require submission of a &w. Community Regulating Plan apA shall be subject to approval by the Gern to the procedure for text amendments to the Zoning Ordinance set forth in Section 31.06.02 thereof 3.1.8 A New Community Regulating Plan shall be prepared in accordance with Section 3.2 "Sequence of Comm unitv Desian hereof and shall consist of the following: a. the applicant's demonstration of the consistency of such New Community Regulating Plan with the Intent provisions of this Code and b. one or more maps showing the following for each Community Unit in the plan area, in compliance with the standards described in this Article: i.the Outline of the Pedestrian Shed(s) and boundaries of the Community Unit(s) ii. Location of Transect Zones iii. Assignment of Civic Zones onngrding to on onoh,cic of evicting nnnditionc and f t ire needs iv. Densities v. Thereughfore netwe* v. Existing and proposed thoroughfares, and for any specifically proposed thoroughfares the dimensions and standards thereof vi. Assignment of Special Districts, if any vii. Special Requirements, if any viii. Itemization of requested Zoning Waivers or Variances, if any ix. Form -Based Chart and Graphics for each applicable Transect Zone in the form of Tables 15A -15F hereof. 3.1.9 A New Community Regulating Plan (other than the Initial New Community Regulating Plan) shall include a preliminary site plan conforming to the requirements of Table 15 and Section 5.1.3a hereof. 3.1.10 The SeGtOF Plan appliGable to the New Gemmunity Regulating Plan site shall be deerned to be an integFal part of eonh New Community Rego noting Plan s nr onnrnved under this God —Owners of property covered by an approved Community Regulating Plan may submit Building and Lot Plans under Article 5 "Building and Lot Plans" in accordance with the provisions of this Code. Building and Lot Plans requiring no Variances or Zoning Waivers shall be approved administratively by the Zoning Administrator. 3.1.11 if a port of a s paFGel Of Iand l w FnE)Fe than ene GFewth SeGtOF, then a New Commun Regulat 3.2 SEQUENCE OF COMMUNITY DESIGN 3.2.1 With respect to each New Community Regulating Plan, the site shall be structured usieg the basis of one or several Pedestrian Sheds, which shall be located according to existing conditions and existing Common Destinations, such as Thoroughfares, traffic intersections, adjacent developments, natural features, Civic Space, a Civic Building, Commercial Center, transit center or natural features. The site may be larger than a single Pedestrian Shed and a Community Unit within the site may be smaller than its Pedestrian Shed. 3.2.2 The Pedestrian Sheds may be adjusted to include land falling between or outside them (an "Adjusted Pedestrian Shed but the extent of each shall not exceed the acreage limit specified in Section 3.3 "Community Types" for the applicable Community Type. Any Adjusted Pedestrian Shed becomes the boundary of the Community Unit 3.2.3 Areas of Transect Zones (Section 3.4 "Transect Zones shall be a11GGated within the boundaries of each Community Unit. For sites 40 acres or larger Transect Zones shall be allocated within each Community Unit as appropriate to its type. See Section 3.3 "Community -Types" and Table 14, Item a. (SmartCode Summary. paae M 3.2.4 Civic Zones shall be assigned according to Section 3-5. "Civic Zones 3.2.5 Special Districts, if any, shall be assigned according to Section X 3.6 "Special Districts 3.2.6 The Thoroughfare network shall be laid out according to Section 3-.7-. "Thoroughfare Standards 3.2.7 Density shall be calculated according to Section 3-.8-. "Density Calculations 3.2.8 Notwithstanding adjustments pursuant to Section 3.2.2, any remnants of the site outside of the Adjusted Pedestrian Shed(s) shall be assigned to Transect Zones or Civic Space subject to approval by the Plan Commission or Special District subject to approval by Variance. 3.2.9 Existing and Proposed Preserved open areas shall be designated as such or as T -Zone 1 Natural or Civic Zone on each Community Regulating Plan. 3.3 COMMUNITY TYPES 3.3.1 Community Regulating Plans shall provide for one or more Comm u nitiesCommunily-Un its in the pattern of one of the following C ommunity T °:Community Types specified in Sections 3.3.3 and 3.3.4 below. The allocation percentages of Table 14, Item a. (SmartCode Summary. page do not apply to sites that are smaller than 40 acres. 3.3.2 CLUSTEREB LANE) DEVELOPMENT (C a. in add to any otheF Commun Type peFFn feF eaGh SUGh SeGtOF, development w the 0 2 Resepved 1 I 1 �T.T.T:1A'1Eittd:L1l� S71�1 l i FMA1011_�� 3.3.2 INTENTIONALLY OMITTED 3.3.3 TRADITIONAL NEIGHBORHOOD DEVELOPMENT (TND) Controlled Growth Sector and G 3 intended Growth Sector shall be one OF MOFe Communkmes M n the pattern of Traditional Neighborhood Development (TND) a. TND shall be assigned to areas that are predominantly residential. A TND shall be mapped as at least one complete Standard Pedestrian Shed, which may be adjusted as a Network Pedestrian Shed, oriented around one or more existing or planned Common Destinations. b. The edges of a TND shall blend into adjacent neighborhoods and /or a Downtown Development without buffers. c. A TND shall be structured by the basis of one Standard or Linear Pedestrian Shed and s hall b e n f ewer than 80 acres and no more than 160 acres. See AFficle 4 f0F Infill TND aGFeage requirements in the G 4 Ed. A TND shall include Transect Zones as Gated otee 2 and T ab l e 14 't reauired on Table 2 (Community /Transect Zone Allocation. page and Table 14. Item a. (SmartCode Summary, page de.Sites larger than 160 acres shall be designed and developed as multiple GernmunitiesCommunity Units each subject to the individual Transect Zone requirements for its type as allocated on Table 2 Community /Transect Allocation. page Table 14, Item a (SmartCode Summary, page The simultaneous planning of adjacent parcels is encouraged. ef. In the T -4 General Urban Zone, a minimum Residential mix of three Building Disposition types (none less than 20 shall be required, selected from Table -9-. (Building Disposition. page-???. 3.3.4 DOWNTOWN DEVELOPMENT a. in addiitmen to any other Community Type permitted for each such Sector, development wimthin the G 3 a. DD shall be assianed to areas that include sianificant Office and Retail uses as well as aovernment and other Civic institutions of regional importance. A Downtown Development shall be mapped as at least one complete Long or Linear Pedestrian Shed, which may be adjusted as a Network Pedestrian Shed, oriented around an important Mixed Use Corridor or center. b.-4 The edges of Downtown Development shall blend into adjacent neighborhoods without buffers. c. A DD shall be structured on the basis of one Long Pedestrian Shed or Linear Pedestrian Shed and shall consist of no fewer than 80 acres and no more than 640 acres. coo 4rfi GIo 4 for Infill DewRtewR aGF8a 8 requirements d. A DD shall include Transect Zones as required on Table 2 (Community /Transect Zone Allocation. page and Table 14. Item a. (SmartCode Summary page ?l. e. For sites larger than 640 acres, a Oewntew DD may be adjoined without buffer by one or more TNDs, each subject to the individual Transect Zone requirements for TND as aNesatedre wired on Table 2 (Community /Transect Zone Allocation page Table 14, Item a (SmartCode Summary page-???) The simultaneous planning of adjacent parcels is encouraged. 3.3.5 TRANSIT ORIENTED DEVELOPMENT (TOD) a. Any TND or Downtown on an existing or projected rail or Bus Rapid Transit (BRT) network may be redesignated in whole or in part as TOD and permitted the higher Density represented by the Effective Parking allowance in Section 5.9.2d. b. The use of a TOD overlay requires approval by the Plan Commission or a use Variance approved by the Board of Zoning Appeals 3.4 TRANSECT ZONES 3.4.1 Transect Zone standards for Communitv Reaulatina Plans shall be as set forth on Table 14 (SmartCode Summary, page Transect Zones shall be assigned and mapped on each New Community Regulating Plan For sites large than 40 acres Transect Zones shall be allocated according to the percentages a ll OGate on Tables 2 andset forth on Table 2 (Community /Transect Zone Allocation. page and Table 14, Item a. (SmartCode Summary page ?l 3.4.2 A Transect Zone ffay include any of the elements indicated for its T -Zone number throughout this Code, in accordance with Intent described in Table 1 (Transect Zone Descriptions. page the metric standards summarized in Table 44. (SmartCode Summary, page 3.4.3 There shall be a Residential Function within each New Community Regulating Plan providing for a minimum average number of dwelling units per acre of Net Acreage equal to 75% of the maximum Density permitted for the applicable Transect Zone. 3.5 CIVIC ZONES 3.5.1 GENERAL a. For sites larger than 40 acres Civic Zones dedicated for public use shall be required for each Community a-rvd All Civic Zones shall be designated on the New Community Regulating Plan as Civic Space (CS) apA Civic Building (CB) as applicable b. Civic Space Zones are public sites permanently dedicated to Open Space. c. Civic Building Zones are sites dedicated for buildings generally operated by not for profit organizations dedicated to culture, education, religion, government, transit and municipal parking, or for a use approved by the City Council. d. A Civic Zone may be permitted by the Plan Commission if it does not occupy more than 20% of a Pedestrian Shed, otherwise it is subject to the creation of a Special District. See Section X 3.6 "Special Districts e. Parking for Civic Zones shall be determined by the Plan Commission. Civic parking lots may remain unpaved if graded, compacted and landscaped. 3.5.2 CIVIC ZONES SPECIFIC TO T1 T2 ZONES a. Civic Buildings and Civic Spaces within T1 Natural and T2 Rural Zones shall be permitted only by Variance or Zoning Waiver b. Insert Hazard Mitigation Standards 3.5.3 CIVIC SPACE (CS) SPECIFIC TO T3, T3ET3L,, T4, T5 AND T6 ZONES The following shall be applicable to T -Zones T3, ;3ET3L, T4, T5 and T6: a. Each Pedestrian Shed shall assign at least 5% of its Urbanized area to Civic Space. b. Civic Spaces shall be designed as generally described in Table X (Civic Spaces. paae ?l with their type determined by the surrounding or adjacent Transect Zone. as approved by the CGMMiSsiGR Administrator and distributed throughout Transect Zones as described in Table 14, Item e (SmartCode Summary. c. Those portions of the T1 Natural Zone that occur within a development parcel shall be part of the Civic Space allocation and shall conform to the Civic Space types specified in Table 4-3 item a or item b (Civic Space. page d. Each Pedestrian Shed shall contain at least one Main Civic Space. The Main Civic Space shall be within 800 feet of the geographic center of each Pedestrian Shed, unless topographic conditions, pre- existing Thoroughfare alignments or other circumstances prevent such location. A Main Civic Space shall conform to one of the types specified in Table 13, Items b, c or d (Civic Space. e. Within 800 feet of every Lot in which a Residential use is allowed, a Civic Space designed and equipped as a playground shall be provided. A playground shall conform to Table 13, Item e (Civic Space. f. Each Civic Space shall have a minimum of 50% of its perimeter °nfr aln a Thoroughfare, except for playgrounds. g. Civic Spaces may be permitted within Special Districts by the Plan Commission. 3.5.4 CIVIC BUILDINGS (CB) SPECIFIC TO T3 -T6 ZONES a. The sites larger than 40 acres the owner shall covenant to construct a Meeting Hall or a Third Place in proximity to the Main Civic Space of each Pedestrian Shed. Its corresponding Public Frontage shall be equipped with a shelter and bench for a transit stop. b. If the Plan Area has been designated as a proposed elementary school site by the Board of Education, one Civic Building Lot shall be reserved for an elementary school. The school site may be within any Transect Zone. Any playing fields should be outside the Pedestrian Shed. c. One Civic Building Lot suitable for a childcare building shall be reserved within each Pedestrian Shed. The owner or a homeowners' association or other community council may organize, fund and construct an appropriate building as the need arises. d. Civic Building sites shall not occupy more than 20% of the area of each Pedestrian Shed. e. Civic Building sites should be located within or adjacent to a Civic Space, or at the axial termination of a significant Thoroughfare. f. Civic Buildings shall not be subject to the standards of Article -5-. "Building and Lot Plans The particulars of their design shall be determined by the Plan Commission. g. Civic Buildings may be permitted within Special Districts by the Plan Commission. 3.6 SPECIAL DISTRICTS 3.6.1 Special District designations shall be assigned to areas that, by their intrinsic size, Function, or Configuration, cannot conform to the requirements of any Transect Zone or combination of zones. GeRditieRs and conditions of development for Special Districts shall be determined based on public hearing of the approval by the Plan Commission and recommendation to and approval by the City Council and recorded on Table 4- (Special District Standards. paae Approval for establishment of a Special District shall be in accordance with the procedure for text amendments to the Zoning Ordinance as set forth in Section 31.06.02 thereof. 3.6.2 Special Districts shall be governed by any standards therefor contained on Table 16 Special District Standards. page ?1 hereof. ftt- Special Districts for which standards are not included in Table 16 Special District Standards. page ?1 hereof shall comply with the applicable standards of the Existing Planning and Zoning Ordinances. 3.6.3 Without limitation to the foregoing, no Special District shall be used to avoid compliance with the provisions of this Code. 3.7 THOROUGHFARE STANDARDS 3.7.1 GENERAL The following Shall be applicable any thoroughfares proposed in any community regulating clan submitted after adoption of the Initial Community Regulating Plan: a. Thoroughfares are intended for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces. b. Thoroughfares shall consist generally of vehicular lanes and Public Frontages. c. Thoroughfares shall be designed in context with the urban form and desired design speed of the Transect Zones through which they pass. The Public Frontages of Thoroughfares that pass from one Transect Zone to another shall be adjusted accordingly or, alternatively, the Transect Zone may follow the alignment of the Thoroughfare to the depth of one Lot, retaining a single Public Frontage throughout its trajectory. d. Within the most rural Transect Zones (T1 and T2) pedestrian comfort shall be a secondary consideration of the Thoroughfare. Design conflict between vehicular and pedestrian generally shall be decided in favor of the vehicle. Within the more urban Transect Zones (T3 through T6) pedestrian comfort shall be a primary consideration of the Thoroughfare. Design conflict between vehicular and pedestrian movement generally shall be decided in favor of the pedestrian. e. The Thoroughfare network shall be designed to define Blocks not exceeding the size prescribed in Table 14, Item c. SmartCode Summary, page The perimeter shall be measured as the sum of Lot Frontage Lines. Block perimeter at the edge of the development parcel shall be subject to approval by the Plan Commission. f. All Thoroughfares shall terminate at other Thoroughfares, forming a network. Internal Thoroughfares shall connect wherever possible to those on adjacent sites. Cul -de -sacs shall be subject to approval by the Plan Commission to accommodate specific site conditions only. g. Each Lot shall Fn have its Principle Frontage along a vehicular Thoroughfare, except that 20% of the Lots within each Transect Zone may F nfront a oassage.have their Principle Frontage along --a Pedestrian Thoroughfare. See Table (713 Bungalow Court Frontage, page ?l. h. Thoroughfares along a designated B Grid may be exempted by the Commission frern one or rnere of the Sp8Gm8d P blip Frontage or a a t eF ro g gerequ i rements. See Tabblle7. �.—hStandards for Bicycle Trails and Paths shall be as shown in Table 4C (Thoroughfare Assemblies. j —i_The standards for Thoroughfares within Special Districts shall be determined by Variance. 3.7.2 VEHICULAR LANES a. Thoroughfares may include vehicular lanes in a variety of widths for parked and for moving vehicles, including bicycles. The standards for vehicular lanes shall be as shown in Table 3A �Vehicular Lane Dimensions. page ?M b. A bicycle network consisting of Bicycle Trails, Bicycle Routes and Bicycle Lanes should be provided throughout as defined in Article 7 "Definitions of�s and allocated as specified in Table 14, Item d. (SmartCode Summary. page Bicycle Routes should be marked with Sharrows. The Community bicycle network shall be connected to existing or proposed networks and the Carmel Access Bikeway wherever possible. 3.7.3 PUBLIC FRONTAGES a. GENERAL TO ALL ZONES T1 T2, T3, T4, T5-, AND T6 i. The Public Frontage contributes to the character of the Transect Zone, and includes the types of Sidewalk, Curb, planter, bicycle facilities, street signs, and street trees. ii. Public Frontages shall be designed as shown in Table 4A (Public Frontages General. page ?l and Table 4B (Public Frontages Specific) and allocated within Transect Zones as specified in Table 14, Item d SmartCode Summary. page iii. Within the Public Frontages, the prescribed types of Public Planting and Public Lighting shall be as shown in Table 4A Public Frontages General. page ?land Table 4B (Public Frontages Specific) Table 5 (Public Lighting. page and Table 6 -.6 (Public Planting. page The spacing may be adjusted by the Plan Commission to accommodate specific site conditions. b. SPECIFIC TO ZONES T1 T2, T3-,T3€ T3L The following shall be applicable in T -Zones T1, T2, T3, T3€ and T3L- i. The Public Frontage shall include trees of various species, naturalistically clustered, as well as understory. ii. The introduced landscape shall consist primarily of native species requiring minimal irrigation, fertilization and maintenance. C. SPECIFIC TO ZONE T4 T5, T6 The following shall be applicable in T -Zones T4, T5 and T6: i. The introduced landscape shall consist primarily of durable species requiring minimal irrigation, fertilizer and maintenance and being tolerant of soil compaction. d. SPECIFIC TO ZONE T4 The following shall be applicable in T- Zone T4: i. The Public Frontage shall include trees planted in a regularly- spaced Allee pattern of single or alternated species with shade canopies of a height that, at maturity, clears at least one Story. e. SPECIFIC TO ZONES TS-, AND T6 The following shall be applicable in T -Zones T5 and T6: i. The Public Frontage shall include trees planted in a regularly- spaced Allee pattern of single species with shade canopies of a height that, at maturity, clears at least one Story. At Retail Frontages, the spacing of the trees may be irregular, to avoid visually obscuring the shopfronts. ii. Streets with a Right -of -Way width of 40 feet or less shall be exempt from the tree requirement. 3.8 DENSITY CALCULATIONS 3.8.1 All areas of the "Newa Community Regulating Plan site that are n oar+ of the n_1 Drosep co„+nrT1 Natural or Civic Zone shall be considered cumulatively the Net Site Area. T#e sites larger than 40 acres the Net Site Area shall be allocated to the various Transect Zones according to the parameters specified in Table 14, Item a__ (SmartCode Summary, 3.8.2 Density shall be expressed in terms of h9usingdwg1 units per acre of Net Site as specified for the area of each Transect Zone by Table 14, Item b (SmartCode Summary, page For purposes of Density calculation, the Transect Zones include the Thoroughfares but not land assigned to Civic Zones. 3.8.3 Within the percentage range shown on Table 14, Item b (SmartCode Summary. page for Other Functions, the dwellin units specified on Table 14, Item b (SmartCode Summary, page shall be exchanged at the following rates subject to approval by the Plan Commission a. For Lodging: 2 bedrooms for each unit of Net Site Area Density. b. For Office or Retail: 1000 square feet for each unit of Net Site Area Density. G Th e mh u nit s nn o si bjent to approval by the (`nmmsinn T �e nt;,,,,�er of �r<s- ex shall h a,�� 3.8.4 The houson g Residential and ether Functions for each Transect Zone shall be subject to further adjustment at the building scale as limited by Table x& 10 (Building Functions. page ?l. Table 11 (Parking Calculations. page Mand Section X 5.9 "Parking and Density Calculations 3.9 SPECIAL REQUIREMENTS 3.9.1 A New Community Regulating Plan may designate any of the following Special Requirements: a. A doffeFentmatien of the TheroughfaFes as A GFid and B GFid. Buildings along the A GF shall be held to the highest standaFd of this Code On suppeFt of pedestFian aGtiVity. Buildings along the B GFid may be meFe Feadily shall not evneed 30% of the total length of Crnntages within a Pedestrian Qherl a. Designations for Mandatory and /or Recommended Retail Frontage requiring or advising that a building provide a Shopfront at Sidewalk level along the entire length of its Private Frontage. The Shopfront shall be no less than 70% glazed in clear glass and shaded by an awning overlapping the Sidewalk as generally illustrated in Table 7A (Private Frontages. page and specified in Article 5 "Building and Lot Plans The first floor shall be confined to Retail use through the depth of the Second Lot Laver. b. Designations feF MandateFy andieF ReGOmmended Retail IFFentage ldvising that a building pFev a ShopfFent at S level along the ent length of i ts Pr IFFentage. The ShopfFent shall be no less than 0 glazed O R GleaF glass and shaded by erlapp the S as generally i llustFated O n Table 7 and S138G O n AFt 5. The f fleoF shall be Genf 1 9 Reta use thFough the depth of the SeGOnd Lapel. (Table d) G. Designations for Mandatory and /or Recommended Gallery Frontage, requiring or advising that a building provide a permanent cover over the Sidewalk, either cantilevered or supported by columns. The Gallery Frontage designation may be combined with a Retail Frontage designation. dc. Designations for Mandatory and /or Recommended Arcade Frontage, requiring or advising that a building overlap the Sidewalk such that the first floor Facade is a colonnade. The Arcade Frontage designation may be combined with a Retail Frontage designation. e. A designation for Coordinated Frontage, requiring that the Public Frontage {Table 4A Public Frontaaes General, page and Private Frontage (Table 7A) be coordinated as a single, coherent landscape and paving design. f. Designations for Mandatory and /or Recommended Terminated Vista locations, requiring or advising that the building be provided with architectural articulation of a type and character that responds visually to the location, as approved by the PRC. g. A designation for Cross Block Passages, requiring that a minimum 8- foot -wide pedestrian access be reserved between buildings. h. A designation for Contributing Buildings o `tee requiring that such buildings and structures may be altered or demolished only in accordance with Municipal Preservation Standards and Protocols [STAFF TO LIST OF ALL CONTR BU ,H BU AND ANY n OTHER OR�Y BUILDINGS] `1 rslir Tr. 7nrsrrr .0 -]Dr. �:cur r am"Mo nrrrrs�rr- r.=r.� a m a. Civic S,-:2ces s:%2!! !t:e :j!esqmel geamMy 2t-fescri!tel i.r T2!t:!e 1 with their ty,-:e I etermi !t!y the P. Rol- ��1: TSTT: SiT. T. LVTT7G1��n377/ Stl d: L11�T�: rS77 TS11TT .f17:1�1:11/7:T- L771:7T.Si7Tt .�7TdTT.T.r1:f�1:1r1 44 3.10 PRE EXISTING CONDITIONS 4 3.10.1 Existing buildings, lots and appurtenances that do not conform to the provisions of this Code may continue in the same use and form until a Substantial Modification occurs or is requested, at which time the Zoning Administrator shall determine the provisions of this Section that shall apply. 46. 2 3.10.2 Existing buildings that have at any time received a certificate of occupancy shall not require upgrade to the current Building Code and when renovated may meet the standards of the code under which they were originally permitted. [JOHN MOLITOR TO ADVISE ON THIS] 43 3.10.3 The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of this Code. 4.:4 3.10.4 Where buildings exist on adjacent Lots, the Zoning Administrator may require that a proposed building match one or the other of the adjacent Setbacks and heights rather than the provisions of this Code. 45 3.10.5 Any demolition of, addition to or modification of a Building of Value that has been designated as such by the Department or to a building actually or potentially eligible for inclusion on a state, local or national historic register, shall be subject to approval by the Department. 4 3.10.6 The restoration or rehabilitation of an existing building shall not require the provision of (a) parking in addition to that existing or (b) on -site stormwater retention /detention in addition to that existing. Existing parking requirements that exceed those for this Code may be reduced as provided by Tables 10 one Buildin Function. page and 11 (Parking Calculation. pace -I NEW ARTICLES 5: BUILDING OT REG ii nTINGLOTS PLANS 5.1 DIRECTIONS 5.1.1 Lots and buildings located within an area covered by a approved Community Regulating Plan governed by this Code and previously approved by the Gity COURGil shall be subject to the requirements of this Article. 5.1.2 Any building, restoration, redevelopment, development or improvement in any area of the City covered by a asp Community Regulating Plan shall be subject to the approved S8G+ 9r DlaR and the applicable Community Regulating Plan and shall also require submission of Building and S#& Plans under this Article. Building and S#&Lot Plans required under this Article shall be prepared by or on behalf of the owner or developer of the subject property. Building and S#&Lot Plans shall be subject to review and administrative approval by the Zoning Administrator and any other applicable authorities having jurisdiction over any part of the Plan In addition, any building in a Transect Zone other than T3 that has a Function other than solely Residential shall be subject to design approval by the Plan Commission 5.1.3 Building and &he plans submitted under this Article shall show the following, in compliance with the standards described in this Article: The applicable portion of the Applicable Approved Community Regulating Plan and Evidence of Compliance with the Standards and Requirements Thereof. Building Disposition Building Configuration Building Function Building Facade Parking Location Standards Bicycle Facility Standards Landscape Standards Signage Standards Special Requirements, if any Hazard Mitigation Standards Natural Drainage Standards Architectural Standards Lighting Standards Sound Standards Visitability Standards 5.1.4 Special Districts that do not have provisions within this Code shall be governed by the standards of the pre- existing zoning. 5.2 PRE EXISTING CONDITIONS 5.2.1 Legal non conforming uses existing as of the date this Code is adopted shall be allowed to continue in accordance with Chapter 28 of the Zoning Ordinance. Any Building, appurtenance, development, improvement or lot which legally existed immediately prior to adoption of this Code that does not conform to the provisions of this Code in any way other than Function may continue in existence as a non conforming Building, appurtenance development, improvement or lot until a Substantial Modification occurs or is requested, at which time the Zoning Administrator shall determine the provisions of this Article that shall apply. 5.2.2 Existing buildings that have at any time received a certificate of occupancy shall not require upgrade to the current Building Code and when renovated may meet the standards of the code under which they were originally permitted. 5.2.3 The modification of existing buildings is permitted By Right if such changes result in greater conformance with the specifications of this Code. 5.2.4 Where buildings exist on adjacent Lots, the :GnZonina Administrator may require that a proposed building match one or the other of the adjacent Setbacks and heights rather than the provisions of this Code. 5.2.5 Any addition to or modification of a Building of Value that has been designated as such by the Department, or to a building actually or potentially eligible for inclusion on a state, local or national historic register, shall be subject to approval by the Department. 5.2.6 The restoration or rehabilitation of an existing building shall not require the provision of (a) parking in addition to that existing nor (b) on -site stormwater retention /detention in addition to that existing. Existing parking requirements that exceed those for this Code may be reduced as provided by Table 10 Building Function. Daae Mand Table 4 11 (Parking Calculations. Daae ?l. 5.3 COMPLIANCE WITH CODE 5.3.1 Buildings and sites governed by this Code shall comply in all respects to all applicable provisions of this Code, including any Special Requirements standards which are applicable thereto, as shown on the applicable Community Regulating Plan. 5.4 CIVIC ZONES 5.4.1 GENERAL a. Civic Zones are designated on Community Regulating Plans as Civic Space (CS) or Civic Building (CB). b. Parking provisions for Civic Zones shall be determined by the Commission. 5.4.2 CIVIC SPACES (CS) a. Civic Spaces shall be generally designed as described in Table 4-3-. 13 (Civic Space, gage ?l. 5.4.3 CIVIC BUILDINGS (CB) a. Civic Buildings shall not be subject to the requirements of this Article. The particulars of their design shall be determined by the Commission. 5.5 SPECIFIC TO T1 NATURAL ZONE 5.5.1 No building is permitted in the T1 Natural Zone, except by a use vaFia+Ge approved by the Board of Zoning Appeals 5.6 BUILDING DISPOSITION 5.6.1 SPECIFIC TO ZONE T2 a. Within T -Zone T2, Building Disposition shall be determined by the Commission. 5.6.2 SPECIFIC TO ZONES T3, TT3 E, T3 T4, T5, AND T6 Within T -Zones T3, T ,T3 T 4, T5 and T6: a. Newly platted Lots shall be dimensioned according to Table 14, Item f (SmartCode Summary, page and Table 15. b. Building Disposition types shall be as shown in Table 9 (Building Disposition. page and Table 14, Item i__ (SmartCode Summary. c. Buildings shall be disposed in relation to the boundaries of their Lots according to Table 14, Itern g T ab l e 44 !tee k, Items q. h. (SmartCode Summary, page and Table 15. d. One Principal Building at the Frontage, and one Outbuilding to the rear of the Principal Building, may be built on each Lot as shewR in Table 1-item-G e. Lot coverage by building shall not exceed that recorded in Table 14, Item f (SmartCode Summary, page ?1 and Table 15. f. Facades shall be built parallel to a rectilinear Principal Frontage Line or to the tangent of a curved Principal Frontage Line, and along a minimum percentage of the Frontage width at the Setback, as specified as Frontage Buildout on Table 14, I +item q, (SmartCode Summary, page and Table 15. g. Setbacks may also be adjusted by Zoning Waiver. h. Rear Setbacks for Outbuildings shall be a minimum of 12 feet measured from the centerline of the Rear Alley or Rear Lane easement. In the absence of Rear Alley or Rear Lane, the rear Setback shall be as shown in Table 14, Item h SmartCode Summary, page and Table 15. 5.6.3 SPECIFIC TO ZONE T6 a. Within T -Zone T6, the Principal Entrance of Buildings shall be on a Frontage Line. 5.7 BUILDING CONFIGURATION 5.7.1 GENERAL TO ZONES T2 T3, T-3 E, T3 T5 AND T6 The following shall be applicable to Buildings and Lots in T -Zones T2, T3, T E, T 4, T5 and T6: a. The Private Frontage of buildings shall conform to and be allocated in accordance with Table 7 and Table 14, Item j. (SmartCode Summary, pace b. Buildings on corner Lots shall have two Principal Frontages as shown in Table 17. Prescriptions for the second and third Layers pertain only to the Principal Frontage. Prescriptions for the first Layer pertain to both Principal Frontages of a corner Lot. c. All Facades shall be glazed with clear glass no less than 30% of the first Story. d. Building Heights, Stepbacks, and Extension Lines shall conform to Table 8 and Table 14, Item j. (SmartCode Summary, page e. Stories may not exceed 14 feet in height from finished floor to finished ceiling, except for a first floor space eligible for a Commercial Function, which shall be a minimum of 11 feet with a maximum of 25 feet. A single floor level exceeding the maximum permitted height at ground level, shall be counted as two (2) stories. Mezzanines extending beyond 33% of the floor area shall be counted as an additional Story. f. In a Parking Structure or garage, each above ground level counts as a single Story regardless of its relationship to habitable Stories. g. Height limits do not apply to Attics or raised basements, masts, belfries, clock towers, chimney flues, water tanks, or elevator bulkheads. 5.7.2 SPECIFIC TO ZONES T2 T3, T E, T3 T4 ANDT4 AND T 5 The following shall be applicable to T -Zones T3, T 3-E, T3-L, T 4 and T5: a. The habitable area of an Accessory Unit within a Principal Building or an Outbuilding shall not exceed 600 square feet, excluding the parking area. b. Garages shall not be permitted in the First or Second Lot Layers. 5.7.3 SPECIFIC TO ZONE T T3 E AND T3-L The following shall be applicable to T- ZsRs T T3 E °nom' T 3 a. No portion of the Private Frontage may Encroach upon the Sidewalk. b. Open porches may Encroach upon the First Lot Layer by 50% of the depth of the Lot Layer provided that they do not encroach upon any existing easement. (T able 17 It ern d) c. Balconies and bay windows may Encroach upon the First Lot Layer by 25% of the depth of the Lot Layer, except that balconies on porch roofs may Encroach as does the porch. d. All specified Building Heights may be increased by the difference between the actual lot elevation and the base elevations required by applicable FEMA standards, provided that any first level space shall be designed for use as (i) garage or other parking or storage space set into the structure into the Second and deeper Layers, provided no front facing garage shall be permitted in the Second Lot Layer; (ii) an open market, a loggia, building entrance or porch or combination thereof, or other open -air area for recreation, relaxation or gathering, to the extent permitted by applicable FEMA requirements. [ADRIENNE TO PROVIDE CITY'S FEMA/FLOOD HAZARD REGULATIONS] 5.7.4 SPECIFIC TO ZONE T4 The following shall be applicable to T -Zone T4: a. Balconies, open porches and bay windows may Encroach upon the First Lot Layer by 50% of the depth of the Lot Layer provided that they do not en�rtEncroach upon any existing easement. (Table 1 7 Its 5.7.5 SPECIFIC TO ZONES T5 T6 The following shall be applicable to T -Zones T5 and T6: a. Awnings, Arcades, and Galleries may Encroach upon the Sidewalk to within 2 feet of the Curb but must clear the Sidewalk vertically by at least 8 feet. b. Maximum Encroachment heights (Extension Lines) for Arcades shall be as shown on Table 8. c. Stoops, Lightwells, balconies, bay windows, and terraces may Encroach upon the First Lot Layer by 100% of its depth. (Table 17 It d) d. Loading docks and service areas shall be permitted on Frontages only if expressly approved by the Commission. e. In the absence of a Building Facade along any part of a Frontage Line, a Streetscreen shall be built co- planar with the Facade. f. Streetscreens shall be between 3.5 and 8 feet in height provided that they shall be between 5 and 8 feet in height at the rear of a Lot. The Streetscreen may be replaced by a hedge or fence only if expressly approved by the Commission. Streetscreens shall have openings no larger than necessary to allow automobile and pedestrian access. g. Space at the first level of a Building which is eligible for Residential or Lodging Function shall be raised a minimum of 2 feet from average Sidewalk grade. h. All specified Building Heights may be increased by the difference between the actual lot elevation and the base elevations required by applicable FEMA standards, provided that any first level space shall be designed for use as (i) parking or storage space set into the structure into the Second and deeper Layers,provided no front facing garage shall be permitted in the Second Layer, (ii) an open market, a loggia, building entrance or porch or combination thereof, or other open -air area for recreation, relaxation or gathering, or (iii) enclosed Commercial or Retail space, to the extent permitted by applicable FEMA requirements. 5.8 BUILDING FUNCTION 5.8.1 GENERAL TO ZONES T2 T3, T E, T3 L, T 4, T5 A*T T 6 The following shall be applicable to T -Zones T2, T3, T E, T 4, T5 and T6: a. Buildings in each Transect Zone shall conform to the Functions on Table a -0 (Buildina Function. page Table 12 (Building Lot Function Specific, page Table 14, Item I (SmartCode Summary, page ?T. 5.8.2 SPECIFIC TO ZONES T 2 om T, T3-E AND T3-L The following shall be applicable to T -Zones T3: The fniinW ORg shall he appliGable to T ZGRes T3 T3 E and T3 a. Accessory Functions of Restricted Lodging or Restricted Office shall be permitted within an AGGessryAccessory Building. See Table 40-. (Building Function. pace 5.8.3 SPECIFIC TO ZONES T4 A*D-T T 5 The following shall be applicable to T -Zones T4 and T5: a. Accessory Functions of Limited Lodging or Limited Office shall be permitted within an AGGessFyAccessory Building. See Table X 10 (Buildina Function. page ?l. 5.8.4 SPECIFIC TO ZONES T5 A#D-T T 6 The following shall be applicable to T -Zones T5 and T6: a. First Story Commercial and Artisan Light Industrial Functions shall be permitted. 5.9 PARKING AND DENSITY CALCULATIONS 5.9.1 SPECIFIC TO ZONES T 2 T, T3-E2 AND T3-L The following shall be applicable to T -Zones T T3�E and T3-L: a. Buildable Density on a Lot shall be determined by the actual parking provided within the Lot as applied to the Functions permitted in Table 10 (Building Function. page and Table 4 11 (Parking Calculations. page ?M 5.9.2 SPECIFIC TO ZONES T4 T5 AD-T T 6 The following shall be applicable to T -Zones T4, T5 and T6: a. Buildable Density on a Lot shall be determined by reference to the sum of the actual parking calculated as that provided (1) within the Lot (2) along the parking lane corresponding to the Lot Frontage, and (3) by purchase or ten (10) -year or longer lease from a Civic Parking Reserve within the Pedestrian Shed, if available, adjusted pursuant to paragraph 5.9.2b to the extent applicable to determine the Effective Parking. b. The actual available parking attributable to a Lot shall be adjusted upward according to the Shared Parking Factor of Table 11 (Parking Calculations. page to determine the Effective Parking. The Shared Parking Factor is available for any two Functions within any pair of adjacent Blocks. c. Based on the actual parking or, if applicable, the Effective Parking available, the Density of the projected Function may be determined according to Table X (Building Function. paae ?l. d. Within the overlay area of a Transit Oriented Development (TOD) the Effective Parking may be further adjusted upward by 30 e. The total Density within each Transect Zone shall not exceed that specified by the approved Community Regulating Plan based eR Artirlo 3 er Ft A f. Accessory Units that are not required to have separate parking available to them do not count toward Density calculations. g. Liner Buildings less than 30 feet deep and no more than two Stories shall be exempt from parking requirements. 5.10 VEHICLE BICYCLE PARKING LOCATION STANDARDS 5.10.1 GENERAL TO ZONES T2 T3, T E, T3 L, T 4, T5 AND T6 The following shall be applicable to T -Zones T2, T3, T E, T 4, T5 and T6: a. Vehicle parking shall be accessed by Rear Alleys or Rear Lanes, when such are avail ableavailable on the applicable Community Regulating Plan. b. Open vehicle parking areas shall be masked from the Frontage by a Building or Streetscreen. c. Bicycle Parking and storage shall be within the Public Frontage or Private Frontage and shall comply with the bicycle parking standards of section 27.06 of the Zoning Ordinance 5.10.2 SPECIFIC TO ZONES T2-, AND T T3 E AND T3-L The following shall be applicable to T -Zones T T3�E2 and T3-L: a. Open parking areas shall be located at the Second and Third Lot Layers, except that Driveways, drop offs and unpaved parking areas may be located at the first Lot Layer. (T able 17, Item A b. Garages shall be located at the Third Lot Layer. 5.10.3 SPECIFIC TO ZONES T TT3 E, T3 AND T4 The following shall be applicable to T -Zones T 3,, T3ET3z' 3 and T4: a. Driveways at Frontages shall be no wider than 10 feet in the First Lot Layer. See Table 3B.f Vehicular Lane and Parking Assemblies. page 5.10.4 SPECIFIC TO ZONE T4 The following shall be applicable to T -Zone T4: a. All parking areas and garages shall be located at the Second or Third Lot Layer. 17 ltem A 5.10.5 SPECIFIC TO ZONES T5 AND T6 The following shall be applicable to T -Zones T5 and T6: a. All parking lots, garages, and Parking Structures shall be located at the Second or Third Lot Layer. (Tab it b. Vehicular entrances to parking lots, garages, and Parking Structures shall be no wider than 24 feet at the Frontage. f See Table 3B.f Vehicular Lane and Parking Assemblies. page c. Pedestrian exits from all parking lots, garages, and Parking Structures shall be directly to a Frontage Line (i.e., not directly into a building) except underground levels which may be exited by pedestrians directly into a building. d. Parking Structures shall have Liner Buildings lining all Stories and lighting from within any Parking Structure shall be concealed from view of any adjacent Thoroughfares. e. A minimum of one bicycle rack place shall be provided within the Public or Private Frontage for every ten (10) vehicular parking spaces. 5.11 LANDSCAPE STANDARDS 5.11.1 GENERAL TO ZONES T2 T3, TT3 E, T3 T4, T5 AND T6 The following shall be applicable to T -Zones T2, T3, T ,T3 T 4,T5 and T6: a. Im pe surface shall be confined to the ratio of Lot coverage specified in Table 14, Item f_ (SmartCode Summary. b. All landscaping shall conform to the City's landscape, urban forestry, tree mitigation and tree canopy ordinances and regulations. 5.11.2 SPECIFIC TO ZONES T2 T3, AND T E, T3- L AND The following shall be applicable to T -Zones T2, T 3,, T3ET3z' 3 and T4: a. The First Lot Layer shall not be paved, with the exception of Driveways as specified in Section 5.10.2 and Section 5.10.3. (T ab l e 17 lte A 5.11.3 SPECIFIC TO ZONE T T3 E AND T3-L3 The following shall be applicable to T- ZsRs T T3 E and T 3: a. A minimum of two trees shall be planted within the First Lot Layer for each 30 feet of Frontage Line or portion thereof. (T ab l e 17 ltem A b. Trees may be of single or multiple species as shown on Table 6-. (Public Planting. page ???l. c. Trees shall be naturalistically clustered. d. Lawn shall be permitted by Right. 5.11.4 SPECIFIC TO ZONE T4 The following shall be applicable to T -Zone T4: a. A minimum of one tree shall be planted within the First Lot Layer for each 30 feet of Frontage Line or portion thereof. (T ab l e 17 ltem A b. Lawn shall be permitted By Right. 5.11.5 SPECIFIC TO ZONES T5 AND T6 The following shall be applicable to T -Zones T5 and T6: a. Trees shall not be required in the First Lot Layer. b. The First Lot Layer may be paved to match the pavement of the Public Frontage. 5.12 SIGNAGE STANDARDS 5.12.1 GENERAL TO ZONES T2 T3, T E, T3 L, T 4, T5 AND T6 The following shall be applicable to T -Zones T2, T3, T E, T 4, T5 and T6: a. There shall be no signage permitted additional to that specified in this section. b. The address number, no more than 6 inches measured vertically, shall be attached to the building in proximity to the Principal Entrance or at a mailbox. Notwithstanding anything to the contrary contained or implied in this Code, and irrespective whether the same does or does not constitute a Substantial Modification, any signage installed or replaced after the date this Code is adopted shall comply with the provisions of this Section 5.12. c. The sign ordinance of the City as the same is in effect from time to time shall be applicable to all buildings and development covered by this Code except to the extent inconsistent with the other provisions of this Section 5.12. 5.12.2 SPECIFIC TO ZONES T T� 2 AND T3L The following shall be applicable to T -Zones T T3�E2 and T3-L: a. Signage shall not be illuminated. 5.12.3 SPECIFIC TO ZONES T4 T5 AND T6 The following shall be applicable to T -Zones T4, 5 and T6: a. Signage shall be externally illuminated, except that signage within the Shopfront glazing may be neon lit. 5.12.4 SPECIFIC TO ZONES T2 T TT3E-,- T3L AND T4 The following shall be applicable to T -Zones T2, T3, TTET3 and T4: a. One blade sign for each business may be permanently installed perpendicular to the Facade within the First Lot Layer. Such a sign shall not exceed a total of 4 square feet and shall clear 8 feet above the Sidewalk. 5.12.5 SPECIFIC TO ZONES T5 TAND T 6 The following shall be applicable to T -Zones T5 and T6: a. Blade signs, not to exceed 6 square feet for each separate business entrance, may be attached to and should be perpendicular to the Facade, and shall clear 8 feet above the Sidewalk. b. A single external permanent sign band may be applied to the Facade of each building, providing that such sign not exceed 3 feet in height by any length. ARTICLE 6: STANDARDS AND tables& TABLES SEE INDESIGN FI See InDesian File. DEFINITIONS This Article provides definitions for terms in this Code that are technical in nature or that otherwise may not reflect a common usage of the term. If a term is not defined in this Article, then the PRC shall determine the correct definition. Items in italics refer to Articles, Sections, or Tables in the SmartCode. A Grid. Gumulat these ThemughfaFes that by v of the PFe eX pedestF suppeFt qual eF the futuFe i mpeFtaRGe tG pedestF GE)nneGt aFe held te the h Standards PF8SGF by th Gedem See a -Grid (S M I ^�;,I Accessory Building: an Outbuilding with an Accessory Unit. Adjusted Pedestrian Shed: a Pedestrian Shed that has been adjusted according to Section 3-.2, "Seauence of Community Design creating the regulatory boundary of a Community. Administrator: shall have the same meaning given that term in Chapter 3 of the City Zoning Ordinance. Affordable Housing: dwellings consisting of rental or for -sale units that have a rent (including utilities) or mortgage payment typically no more than 30% of the income of families earning no more than 80% of median incomes by family size for the county. Allee: a regularly spaced and aligned row of trees usually planted along a Thoroughfare or Path. Ancillary Unit: an Apartment not greater than 440 square feet sharing ownership and utility connections with a Principal Building; it may or may not be within an Outbuilding. See Table 10 and Table 4 Buildina Function. Apartment: a Residential unit sharing a building and a Lot with other units and /or uses; may be for rent, or for sale. Arcade: a Private Frontage conventional for Retail use wherein the Facade is a colonnade supporting habitable space that overlaps the Sidewalk, while the Facade at Sidewalk level remains at the Frontage Line. Artisan Light Industrial: a Function that is non noxious, generates moderate noise in the creation, in a workshop or studio setting, assemblage and repair of artisan goods and crafts, including retail sales thereof, including without limitation, woodworking, metalworking, glass blowing, and other creative endeavors. Attic: the interior part of a building contained within a pitched roof structure. Avenue (AV): a Thoroughfare of high vehicular capacity and low to moderate speed, acting as a short distance connector between urban centers, and usually equipped with a landscaped median. B Grid. Gumulat these ThemughfaFes that by v of the use, IGGat eF abseRGe Of PFe eX pedestr supper-t qual Fnay Fneet a standaFd IeweF than that of the A GF See A Gr (SYR: SeGendary g4d-.) BRT: see Bus Rapid Transit. Backbuilding: a single -Story structure connecting a Principal Building to an Outbuilding. ace Ta"'�r Base Density: the number of dwelling units per acre before adjustment for other Functions and /or TDR. See Density. Bed and Breakfast: shall have the same meaning given that term in Chapter 3 of the City Zoning Ordinance. Bicycle Facility: Bicycle Lanes, Bicycle Routes, Bicycle Trails, Multi -Use Trails intended for use by pedestrians and bicycling and equipment or structures used for the storage or parking of Bicycles. Bicycle Lane (BL): a dedicated lane for cycling within a moderate -speed vehicular Thoroughfare, demarcated by striping. Bicycle Route (BR): a Thoroughfare suitable for the shared use of bicycles and automobiles moving at low speeds. Bicycle Trail (BT): a bicycle way running independently of a vehicular Thoroughfare. Block: the aggregate of private Lots, Passages, Rear Alleys and Rear Lanes, circumscribed by Thoroughfares. Block Face: the aggregate of all the building Facades on one side of a Block. Boulevard (BV): a Thoroughfare designed for high vehicular capacity and moderate speed, traversing an Urbanized area. Boulevards are usually equipped with Slip Roads buffering Sidewalks and buildings. Building of Value. shal! mean the Buildings listed on Figure 3 of Zoning OrdinaRG8 GhapteF 23D, Figure 3" Brownfield: an area previously used primarily as an industrial site and any other area that meets the following description: a parcel of real estate that is abandoned or inactive; or may not be operated at its appropriate use; and on which expansion, redevelopment, or reuse is complicated because of the presence or potential presence of a hazardous substance, a contaminant, petroleum, or a petroleum product that poses a risk to human health and the environment. Bus Rapid Transit: a rubber tire system with its own right -of -way or dedicated lane along at least 70% of its route, providing transit service that is faster than a regular bus. By Right: characterizing a proposal or component of a proposal for a Community Regulating Plan or Building and Lot Regulating Plan (Article 3, 7lrti 4&4,- "Community Regulating Plans" or Article 5 `Building and Lot Plans) that complies with the SmartCode and is permitted and processed administratively, without public hearing. See Warrant and Variance. CILD or Clustered Land Development. a Community Type StF61Gt61Fed by a Standard Pedestrian Shed er tc)waFd a Common Destination SUGh as a geneFal steFe, Meeting Hall, SGheelheuse, OF GhUFGh. GLD takes the ferm of a small settlement standing fFee On the G96intryside. See Table 2 and Table 44 ltem a. (Syn: Harnlet, Conservation Land Development nli rotor) Civic: the term defining not for profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking. Civic Building: a building operated by not for profit organizations dedicated to arts, culture, education, recreation, government, transit, and municipal parking, or for use approved by the legislative body. Civic Parking Reserve: Parking Structure or parking lot within a quarter -mile of the site that it serves. See Section 5.9.2. Civic Space: an outdoor area dedicated for public use. Civic Space types are defined by the combination of certain physical constants including the relationships among their intended use, their size, their landscaping and their Enfronting buildings. See Table 4-3-. 13 (Civic Space. gage Civic Zone: designation for public sites dedicated for Civic Buildings and Civic Space. Commercial: the term collectively defining workplace, Office, Retail, and Lodging Functions. Commission: shall have the same meaning given that term in Chapter 3 of the City Zoning Ordinance. Common Destination: An area of focused community activity, usually defining the approximate center of a Pedestrian Shed. It may include without limitation one or more of the following: a Civic Space, a Civic Building, a Commercial center, or a transit station, and may act as the social center of a neighborhood. Common Yard: a planted Private Frontage wherein the Facade is set back from the Frontage line. It is visually continuous with adjacent yards. See Table 7. Community Type: Any one of the categories of Community Unit addressed in this Code. being TND. DD and TOD. The TOD may be created by an overlay on TND or DD. Community Unit a regulatory category defining the physical form, Density, and extent of a settlement. See Community Type. Community Type: One of the GategeFies of Community addFessed in this Code, being GLD, TND, Downtown and TOD. VaFmants of TND and Downtown feF Infill (AA�Gle 4) aFe Galled Infill TND and Infill Downtown. The TOD ma be Greaten by an eveday on TND nr Do wntown Configuration: the form of a building, based on its massing, Private Frontage, and height; one element of Building Type.. Contributina Buildina: shall mean the Buildings listed on Figure 3 of Zoning Ordinance Chapter 23D. Figure 3" Corridor: a lineal geographic system incorporating transportation and /or Greenway trajectories. A transportation Corridor may be a lineal Transect Zone. Cottage: an Edgeyard building type, typically built initially for single family dwelling with successional use as Retail, Commercial, or Office Function, on a regular Lot, often shared with an Accessory Building in the back yard. Council: shall have the same meaning given that term in Chapter 3 of the City Zoning Ordinance. Courtyard Building: a building that occupies the boundaries of its Lot while internally defining one or more private patios. See Table -9-. (Building Disposition. page Curb: the edge of the vehicular pavement that may be raised or flush to a Swale. It usually incorporates the drainage system. See Table 4A Public Frontages General. page and Table 48 Public Frontages Specific. page Density: the number of dwelling units within a standard measure of land area. Department: shall have the same meaning given that term in Chapter 3 of the City Zoning Ordinance. Design Speed: is the velocity at which a Thoroughfare tends to be driven without the constraints of signage or enforcement. There are four ranges of speed: Very Low: (below 20 MPH); Low: (20 -25 MPH); Moderate: (25 -35 MPH); High: (above 35 MPH). Lane width is determined by desired Design Speed. See Table 3A (Vehicular Lane Dimensions) Developable Ar other than these in the Q 1 Dr888rV8d 0P8R con+r)r Disposition: the placement of a building on its Lot. See Table 9 and Table bleTT(Buildina Disposition. page Dooryard: a Private Frontage type with a shallow Setback and front garden or patio, usually with a low wall at the Frontage Line. See Table 7. (Variant: Lightwell, light court.) Downtown Development a Community Type structured by a Long Pedestrian Shed or Linear Pedestrian Shed, which may be adjoined without buffers by one or several Standard Pedestrian Sheds, each with the individual Transect Zone requirements of a TND. Downtown takes the form of a high- Density Mixed Use center connected to other centers by transit. See '"fill Downtown Table 2 CommunitylTransect Zone Allocation) and Table 44 14. item a. (SmartCode Summary. page Var: town center) Drive: a Thoroughfare along the boundary between an Urbanized and a natural condition, usually along a waterfront, Park, or promontory. One side has the urban character of a Thoroughfare, with Sidewalk and building, while the other has the qualities of a Road or parkway, with naturalistic planting and rural details. Driveway: a vehicular lane within a Lot, often leading to a garage. See SeGtion 5.10 `Parking Location Standards" and Table 3B-# f (Vehicular Lane and Parking Assemblies. page Edgeyard Building: a building that occupies the center of its Lot with Setbacks on all sides. See Table -9-.9 (Building Disposition. page Effective Parking: the amount of parking required for Mixed Use after adjustment by the Shared Parking Factor. See Table X 11 (Parking Calculations. page Effective Turning Radius: the measurement of the inside Turning Radius taking parked cars into account. See Tab le 4 T Elevation: an exterior wall of a building. See Table 47.- See: Facade. Encroach: to break the plane of a vertical or horizontal regulatory limit with a structural element, so that it extends into a Setback, into the Public Frontage, or above a height limit. Encroachment: any structural element that breaks the plane of a vertical or horizontal regulatory limit, extending into a Setback, into the Public Frontage, or above a height limit. Enfront: to place an element along a Frontage, as in "porches Enfront the street." Estate House: an Edgeyard building type. A single family dwelling on a very large Lot of rural character, often shared by one or more Accessory Buildings. (Syn: country house, villa) Expression Line: a line prescribed at a certain level of a building for the major part of the width of a Facade, expressed by a variation in material or by a limited projection such as a molding or balcony. See Table 8. (Syn: transition line.) Extension Line: a line prescribed at a certain level of a building for the major part of the width of a Facade, regulating the maximum height for an Encroachment by an Arcade Frontage. See Table 8. Facade: the exterior wall of a building that is set along a Frontage Line. See Elevation. Forecourt: a Private Frontage wherein a portion of the Facade is close to the Frontage Line and the central portion is set back. See Table 7. Frontage: the area between a building Facade and the vehicular lanes, inclusive of its built and planted components. Frontage is divided into Private Frontage and Public Frontage. See Table 4A Public Frontages General. page and Table 7. Frontage Buildout: the percentage of (a) the total number of linear feet measured across the Frontage Line of a Lot or parcel along which there are any of the following elements of Buildings: a wall, a porch, a balcony or a stoop; as it relates to (b) the total number of linear feet of the Private Frontage of the Lot or parcel. Frontage Line: a Lot line bordering a Public Frontage. Facades facing Frontage Lines define the public realm and are therefore more regulated than the Elevations facing other Lot Lines. See T°h —,zl 47. Function: the use or uses accommodated by a building and its Lot, categorized as Restricted, Limited, or Open, according to the intensity of the use. See Table 10 (Building Function. page ?1 and Table (Building &Lot Function Specific. page ?l. Gallery: a Private Frontage conventional for Retail use wherein the Facade is aligned close to the Frontage Line with an attached cantilevered shed or lightweight colonnade overlapping the Sidewalk. See Table 7. GIS (Geographic Information System): a computerized program in widespread municipal use that organizes data on maps. Green: a Civic Space type for unstructured recreation, spatially defined by landscaping rather than building Frontages. See Table 4-3-. 13 (Civic Space. gage Greenfield: an area that consists of open or wooded land or farmland that has not been previously developed. Greenway: an Open Space Corridor in largely natural conditions which may include trails for bicycles and pedestrians. Greyfield: an area previously used primarily as a parking lot. Shopping centers and shopping malls are typical Greyfield sites. (Variant: Grayfield.) Growth SeGtOr. GR8 Of fOUF S8GtGFS wheFe develePM8Rt i s permitted By Right On the Smartcede, three for New Cues and ene#F '�oee Ai Gle 2. Hamlet: See CLD. (Syn: cluster, settlement.) Highway: a rural and suburban Thoroughfare of high vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T -1, T -2, and T -3). Home Occupation: shall have the same meaning given that term in Chapter 3 of the City Zoning Ordinance. House: an Edgeyard building type, typically built initially for a single family Residential Function, with successional use to Commercial, Retail or Office Function, on a large Lot, often shared with an Accessory Building in the back yard. (Syn: single.) Incubator Retail: a Function that is established for the inexpensive operation of start -up and boutique businesses. This can be in the form of temporary free standing structures, contained within larger permanent structures or pedestrian Passages. Infill: noun new development on land that had been previously developed, including most Greyfield and Brownfield sites and cleared land within Urbanized areas. vq' b Werb to develop such areas. infill Downtown. a Community Type within an UFbanized, GFeyfield, 9F Bmwnfield aFea based en a Long OF infill TND. a Community Type within an UFbanized, Greyfield, oF BFewnfield area based on a StandaFd PedestFian r_Fewth Sen4nr and ore regulated h��/_nr+inle n cee Sestien- 4.2.2 .(Var: neighberheed.) Initial Community �1 GVV CII GGGCGI QIIQ QIG IG QIQCGQ G 1CI CI GIG T. D Regulating Plan: a Community Regulating Plan for the Downtown SmartCode Area recommended by the Planning Commission to, and approved by, the City Council pursuant to Sections 3.1.2 °n�'Qrd 4.1. .2 hereof. Initial Secter Plan, the S8GtOF Plan for the Downtown Srnar-tGede Area F8GOrRrnended by the PlaRR Commission to and approved b the City CO innil pursuant o8G 1 (d)hei =eef Inn: a Lodging type offering 6 to 12 bedrooms, permitted to serve breakfast in the mornings to guests. See Table 4-0. Buildina Function. aaae Layer: a range of depth of a Lot within which certain elements are permitted. ace Ta"'�r Lightwell: A Private Frontage type that is a below -grade entrance or recess designed to allow light into basements. See Table 7. (Syn: light court.) Linear Pedestrian Shed: A Pedestrian Shed that is elongated along an important Mixed Use Corridor such as a main street. A Linear Pedestrian Shed extends approximately 1/4 mile from each side of the Corridor for the length of its Mixed Use portion. The resulting area is shaped like a lozenge. It may be used to structure a TND, Downtown, Infill TND, or Infill Downtown. (Syn: elongated pedestrian shed.) Liner Building: a building specifically designed to mask a parking lot or a Parking Structure from a Frontage. Live -Work: a Mixed Use unit consisting of a Commercial and Residential Function. The Commercial Function may be anywhere in the unit. It is intended to be occupied by a business operator who lives in the same structure that contains the Commercial activity or industry. See Work -Live. (Syn.: flexhouse.) Lodging: premises available for daily and weekly renting of bedrooms. See Table 10 (Building Function. aaae ?hand Table 4 12 (Buildina &Lot Function Specific. aaae Long Pedestrian Shed: a Pedestrian Shed that is an average 1/2 mile radius or 2640 feet, used when a transit stop (bus or rail) is present or proposed as the Common Destination. A Long Pedestrian Shed represents approximately a ten minute walk at a leisurely pace. It is applied to structure a Downtown Community Type. See Pedestrian Shed. Lot: shall have the same meaning given that term in Chapter 3 of the City Zoning Ordinance. Lot Line: the boundary that legally and geometrically demarcates a Lot. Lot Laver: Laver. Lot Width: the length of the Principal Frontage Line of a Lot. Main Civic Space: the primary outdoor gathering place for a community. The Main Civic Space is often, but not always, associated with an important Civic Building. Manufacturing: premises available for the creation, assemblage and /or repair of artifacts, using table- mounted electrical machinery or artisanal equipment, and including their Retail sale. Manufacturing may also include, without limitation, Heavy Manufacturing and Light Manufacturing, as defined in the Zoning Ordinance. Meeting Hall: a building available for gatherings, including conferences, that accommodates at least one room equivalent to a minimum of 10 square feet per projected dwelling unit within the Pedestrian Shed in which it is located. Mixed Use: multiple Functions within the same building through superimposition or adjacency, or in multiple buildings by adjacency, or at a proximity determined by Warrant. Multi -Use Path (MUT): a pedestrian and bicycle way traversing a Park or rural area, with landscape matching the contiguous Open Space, ideally connecting directly with the urban Sidewalk network. Net Site Area: all developable land within a site including Thoroughfares but excluding land allocated as Civic Zones. Network Pedestrian Shed: a Pedestrian Shed adjusted for average walk times along Thoroughfares. This type may be used to structure Infill Community Regulating Plans. ace Ta"'�r Office: premises available for the transaction of general business but excluding Retail, artisanal and Manufacturing uses, including without limitation, General Office, Medical Office and Professional Office, as defined in the Zoning Ordinance. See Table �0 10 (Buildina Function. aaae Open- Market Building: A structure consisting of a roof or other overhead cover providing shade and protection from precipitation, supported by columns or walls with large openings that allow air circulation from which goods, crafts, produce or similar items are offered for sale or trade. Open Space: land intended to remain undeveloped, including, without limitation, Designed Open Space, as defined in the Zoning Ordinance. Open Space may be for Civic Space. Outbuilding: an Accessory Building, usually located toward the rear of the same Lot as a Principal Building, and sometimes connected to the Principal Building by a Backbuilding. See Ta ble Park: a Civic Space type that is a natural preserve available for unstructured recreation. See Table X13 Civic Space. page Parking Court: a mid -block parking lot surrounded by buildings or Streetscreens. Parking Courts should be designed to also serve as internal plazas or public gathering places. Parking Structure: a garage or other building containing one or more Stories of parking above grade. Passage (PS): a pedestrian connector, open or roofed, that passes between buildings to provide shortcuts through long Blocks and connect rear parking areas to Frontages. Path (PT): a pedestrian way traversing a Park or rural area, with landscape matching the contiguous Open Space, ideally connecting directly with the urban Sidewalk network. Pedestrian Shed: An area that is centered on a Common Destination. Its size is related to average walking distances for the applicable Community Type. Pedestrian Sheds are applied to structure Communities. See Standard, Long, Linear or Network Pedestrian Shed. (Syn: walkshed, walkable catchment.) Plan Commission: shall have the same meaning given that term in Chapter 3 of the City Zoning Ordinance. Plan Review Committee: The Committee of the Plan Commission designated under I.C. Section 36 -7 -4 -402 (dl authorized to conduct hearings regarding, and review plans on behalf of the Commission. Planter: the element of the Public Frontage which accommodates street trees, whether continuous or individual. Plaza: a Civic Space type designed for Civic purposes and Commercial activities in the more urban Transect Zones, generally paved and spatially defined by building Frontages. :1 PRC: Plan Review Committee Principal Building: the main building on a Lot, usually located toward the Frontage. See Ta"'�r Principal Entrance: the main point of access for pedestrians into a building. Principal Frontage: the primary Private Frontage of a building which includes its Principal Entrance; or with respect to corner Lots, the Private Frontage designated to bear the address and Principal Entrance to the building. Prescriptions for the First Lot Layer pertain to both Frontages of a corner Lot. See Frontage. Private Frontage: the privately held Layer between the Frontage Line and the Principal Building Facade. See Table 7 and Table 17 7. Public Frontage: the area between the Curb of the vehicular lanes and the Frontage Line. See Table 4A Public Frontages General. page and Table 4B (Public Frontages Specific. page Rear Alley (RA): a vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Alleys should be paved from building face to building face, with drainage by inverted crown at the center or with roll Curbs at the edges. Rear Lane (RL): a vehicular way located to the rear of Lots providing access to service areas, parking, and Outbuildings and containing utility easements. Rear Lanes may be paved lightly to Driveway standards. The streetscape consists of gravel or landscaped edges, has no raised Curb, and is drained by percolation. Rearyard Building: a building that occupies the full Frontage Line, leaving the rear of the Lot as the sole yard. See Table -9-. (Building Disposition. page (Var: Rowhouse, Townhouse, Apartment House) Recess Line: a line prescribed for the full width of a Facade, above which there is a Stepback of a minimum distance, such that the height to this line (not the overall building height) effectively defines the enclosure of the Enfronting public space. Var: Extension Line. See Table 8. Residential: characterizing premises available for long -term human dwelling. Retail: characterizing premises available for the sale of merchandise and food service. See Table 10 Buildin Function. page Table? (Buildina &Lot Function Specific. gape Retail Frontage: Frontage designated on a Regulating Plan that requires or recommends the provision of a Shopfront, encouraging the ground level to be available for Retail use. See Special Requirements. Road (RD): a local, rural and suburban Thoroughfare of low -to- moderate vehicular speed and capacity. This type is allocated to the more rural Transect Zones (T1 J3). See Table 3A (Vehicular Lane Dimensions) Rowhouse: a single family dwelling that shares a party wall with another of the same type and occupies the full Frontage Line. See Rearyard Building. (Syn: Townhouse) Secter, a neutral term for a geegraphiG area. in the SmartGede there are S Sp8G S8Gt9FS f9F S8Gt9F Planning that establish the legal boundaries for linen Space and deve Secondary Frontage: on corner Lots, the Private Frontage that is not the Principal Frontage. As it affects the public realm, its First Layer is regulated. See Table r Setback: the area of a Lot measured from the Lot line to a building Facade or Elevation that is maintained clear of permanent structures, with the exception of Encroachments listed in Section X 5.7 "Building Configuration See Table 448 14. item a. (SmartCode Summary. gape Var: build -to- line.) Shared Parking Factor: an accounting for parking spaces that are available to more than one Function. See Table 44-. 11 (Parking Calculations. page-???), Sharrows: a symbol on a vehicular lane indicating that its use is to be shared by motor vehicles and bicycles. Shopfront: a Private Frontage conventional for Retail use, with substantial glazing and an awning, wherein the Facade is aligned close to the Frontage Line with the building entrance at Sidewalk grade. See Table 7. Sidewalk: the paved section of the Public Frontage dedicated exclusively to pedestrian activity. Sideyard Building: a building that occupies one side of the Lot with a Setback on the other side. This type can be a Single or Twin depending on whether it abuts the neighboring house. See Table -9-. (Building Disposition. page ?M Slip Road: an outer vehicular lane or lanes of a Thoroughfare, designed for slow speeds while inner lanes carry higher speed traffic, and separated from them by a planted median. (Syn: access lane, service lane) Specialized Building: a building that is not subject to Residential, Commercial, or Lodging classification. See Table -9-. (Building Disposition. page Special District (SD): an area that, by its intrinsic Function, Disposition, or Configuration, cannot or should not conform to one or more of the normative Community Types or Transect Zones specified by the SmartCode. Special Districts may be mapped and regulated at the regional scale or the community scale. Special Flood Hazard Area: shall have the same meaning given that term in Chapter 3 of the City Zoning Ordinance. Special Requirements: provisions of Section 3.9, SestOOR 3.9 "Special Requirements" and Section 5.3 "Special Requirements" of this Code and /or the associated designations on a Regulating Plan or other map for those provisions. Sperial Plan Area. an area already s6ibj8Gt to an Infill Community Regulating Plan F8Sp8Gt to whiGh a subsequeRt IRfiII Community Regulating Plan is approved on aGGOrdaRG8 with S8Gt 4. Square: a Civic Space type designed for unstructured recreation and Civic purposes, spatially defined by building Frontages and consisting of Paths, lawns and trees, formally disposed. See Table 4 (Civic Space. page Standard Pedestrian Shed: a Pedestrian Shed that is an average 1/4 mile radius or 1320 feet, about the distance of a five minute walk at a leisurely pace. See Pedestrian Shed. State Code: shall have the meaning given for "Advisory Planning Law" in the Zoning Ordinance. Stepback: a building Setback of a specified distance that occurs at a prescribed number of Stories above the ground. See Table 8. Stoop: a Private Frontage wherein the Facade is aligned close to the Frontage Line with the first Story elevated from the Sidewalk for privacy, with an exterior stair and landing at the entrance. See Table 7. Story: a habitable level within a building, excluding an Attic or raised basement. See Table 8. Street (ST): a local urban Thoroughfare of low speed and capacity. See Table 3B (Vehicular Lane and Parking Assemblies. page and Table 4B (Public Frontages Specific. page Streetscreen: a freestanding wall built along the Frontage Line, or coplanar with the Facade. It may mask a parking lot from the Thoroughfare, provide privacy to a side yard, and /or strengthen the spatial definition of the public realm. (Syn: streetwall.) See Section 5.7.5f. Substantial Modification: alteration to a building that is valued at more than 50% of the replacement cost of the entire building, if new. Without limiting the foregoing a conveyance of orooertv shall not be construed to be a substantial modification. Swale: a low or slightly depressed natural area for drainage. T -Zone: Transect Zone. Terminated Vista: a location at the axial conclusion of a Thoroughfare. A building located at a Terminated Vista designated on a Regulating Plan is required or recommended to be designed in response to the axis. Third Place: a private building that includes a space conducive to unstructured social gathering. Third Places are usually bars, cafes, and corner stores. Thoroughfare: a way for use by vehicular and pedestrian traffic and to provide access to Lots and Open Spaces, consisting of Vehicular Lanes and the Public Frontage. See Table 3A (Vehicular Lane Dimensions) Table 3B aad Table (Vehicular Lane and Parking Assemblies. page TND: Traditional Neighborhood Development, a Community Type structured by a Standard Pedestrian Shed oriented toward a Common Destination consisting of a Mixed Use center or Corridor, and in the form of a medium -sized settlement near a transportation route. See Table 2 Community/Transect Zone Allocation) and Table 44x. item a. (SmartCode Summary. page (Syn: village. Variant: Infill TND neighborhood.) TOD: Transit Oriented Development. TOD is created by an overlay on all or part of a TND or Downtown, or by designation on a Sector Plan, permitting increased Density to support rail or Bus Rapid Transit (BRT) as set forth in Section 5.9.2d. Townhouse: See Rearyard Building. (Syn: Rowhouse) Traditional Neighborhood Development: TND Transect: a cross section of the environment showing a range of different habitats. The rural -urban Transect of the human environment used in the SmartCode template is divided into six Transect Zones. These zones describe the physical form and character of a place, according to the Density and intensity of its land use and Urbanism. Transect Zone (T- zone One of several areas on a Zoning Map regulated by the SmartCode. Transect Zones are administratively similar to the land use zones in conventional codes, except that in addition to the usual building use, Density, height, and Setback requirements, other elements of the intended habitat are integrated, including those of the private Lot and building and Public Frontage. See Table 4. Transect Zone Descriptions. Turning Radius: the curved edge of a Thoroughfare at an intersection, measured at the inside edge of the vehicular tracking. The smaller the Turning Radius, the smaller the pedestrian crossing distance and the more slowly the vehicle is forced to make the turn. See Table 3B and Table �;a 47-.(Vehicular Lane and Parking Assemblies. page Urbanism: collective term for the condition of a compact, Mixed Use settlement, including the physical form of its development and its environmental, functional, economic, and sociocultural aspects. Urbanized: generally, developed. Specific to the SmartCode, developed at T -3 (Sub- Urban) Density or higher. Variance: shall have the same meaning given that term in Chapter 3 of the City Zoning Ordinance. Villa: an Edgeyard building type, typically built initially for a single family Residential Function with succession to Multi Family Residential, Commercial, Office or Retail Function. On a very large lot of rural character and often shared by one or more ancillary buildings. Syn.: Estate House, Mansion Work -Live: a Mixed Use unit consisting of a Commercial and Residential Function. It typically has a substantial Commercial component that may accommodate employees and walk -in trade. The unit is intended to function predominantly as work space with incidental Residential accommodations that meet basic habitability requirements. See Live -Work. (Syn: Live With.) Yield: characterizing a Thoroughfare that has two -way traffic but only one effective travel lane because of parked cars, necessitating slow movement and driver negotiation. Also, characterizing parking on such a Thoroughfare. Zoning Administrator: Administrator Zoning Map: the Official Zoning Map of the Jurisdiction as set forth in Chapter 4 of the Zoning Ordinance shall have the sarne q that term O R Chapter 3 of the ZOR QFd Zoning ZONING WAIVER. SHALL HAVE THE SAME MEANING GIVEN THAT TERM IN CHAPTER 3 OF THE ZONING ORDINANCE. Document comparison done by DeltaView on Friday, September 25, 2009 10:17:17 AM Input: Document 1 Powerpocs: //BHAMLIB/1061683/1 Document 2 Powerpocs: //BHAMLIB/1061682/1 Rendering set Standard Legend: Insertion Delefien Moved m Style cl Format Inserted cell Deleted cell Moved cell Split /Merged cell Padding cell Statistics: Count Insertions 382 Deletions 534 Moved from 16 Moved to 16 Style change 0 Format changed I 0 Total changes 1 948