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Final Draft

Traditional Neighborhood District

(TND)

Article 8B Traditional Neighborhood District (TND)

8B-1 PURPOSE

The purpose of the Traditional Neighborhood District Zone is to promote, on newly annexed parcels within the City's designated growth boundary and city in-fill parcels, previously zoned for growth, a compact mixed-use design, traditional neighborhood pattern of development based on the small town fabric of the eastern panhandle of West Virginia, the surrounding region, and the older neighborhoods of Charles Town. This development includes a hierarchy of interconnected streets and blocks, pedestrian friendly walkable streets, a variety of housing types and lot sizes, mixed-use village and neighborhood centers including commercial and office uses, and a well connected and distributed passive and active open space network of linear parks, neighborhood parks, preserved land and civic places, thus helping to preserve the surrounding agricultural, environmental and recreational resources of the region.

8B-2 APPLICATION

A. Applicable Parcels

The Traditional Neighborhood District (TND) is created as a special mixed-use, traditional neighborhood development district to be applied within those designated locations in the City and within newly annexed areas where it is desired to promote a compact, mixed-use development pattern where increased building density is appropriate, such as:

1. Where land is newly annexed into the City of Charles Town, or;

2. Where existing land located within the City limits, upon petition upon petition, is the subject of a petition in accordance with Section 17.5 of this Ordinance, for reclassification of a parcel or group of contiguous parcels and,

3. Where a parcel or group of contiguous parcels is twenty-five (25) acres or larger in size.

4.

B. Procedural Rules

All land zoned TND shall follow the development process in Article 20, except for previously annexed parcels that already have development approval (i.e. schematic plan approval), unless prior agreements or proffers state otherwise.

B.C. Maximum Density

The overall maximum density permitted in a parcel, or group of contiguous parcels assembled as one development in the Traditional Neighborhood District shall be not more than three (3) residential dwelling units per gross acre, less open space requirements as set forth in this ordinance., prior to the dedication of of pPublic rights-of-way and lands dedicated for the purpose of future schools and other public/civic uses may be included in the gross acreage calculations.

C.D. Density Bonus for Open Space Dedications

The maximum density permitted may be increased by Planning Commission approval if the applicant dedicates open space at a level greater than the minimum requirement of 15% of the gross area. If 20% gross area is dedicated to open space, the maximum may be increased to 4 units per acre. If 25% gross area is dedicated to open space, the maximum density may be increased to 5 units per acre. A sliding scale calculation shall be used when open space dedications are greater than the minimum 15% but are between 15-20%, and 21-25%.

DE. Authority

1. The City Council shall have sole authority to designate the zone as follows:

a. At the time of annexation for land being annexed into the City.

b. For land to be redeveloped, in accordance with the procedure for zoning text amendments as required by Article 17.

2. The City Council shall have the authority to place additional conditions upon parcels so designatedannexed subsequent to the date of this ordinance in accordance with Section 17.3 of this ordinance as long as the conditions are not inconsistent with applicable law.

3. The Rrequirements of this district shall be in addition to any items officially agreed to between the applicant and the City in the proffer and annexation process.

4. All development applications within the TND shall be in accordance with Article 20, Development Process.

8B-3 Definitions

Refer to Article 2 for other definitions. Definitions in this section refer specifically to the TND zone and not to other zones as stated in this OrdinanceFor purposes of this article, the following terms shall have the meanings hereafter set forth.

Active Adult Housing: Designated development area within the TND where the covenants of the designated area require at least one of the owner(s) or tenant(s) of the individual residential units to be of an age of 55 years or older, in accordance with Federal laws.

Apartment Building: A multifamily building or group of buildings containing at least 5 or more units in each building.

Assisted Living Facility: A building or group of buildings that provide housing and services for individuals requiring assistance with one or more activities of daily living.

Buffer: An open space upon which no building construction may occur that separates the traditional neighborhood development from a major highway, all weather stream or is located adjacent to a recognized growth boundary. Buffers may have landscaping, walkways, signs, fences and benches or other appurtenances as approved by the Planning Commission during site plan review.

Commuter Rail/Train Station: A railroad passenger station, or other major public transit point to provide a centralized high-speed transit service stop for residents.

Condominium: A multi-family or multi-tenant building where the units are not contained within individual lots but may have multiple owners of the individual units.A building containing portions of the real estate designated for separate ownership, with the remainder of the real estate designated for common ownership solely by the owners of those portions.

Density: The amount of development permitted on a lot or parcel, expressed in residential districts as the number of dwelling units per square foot or acre, and in commercial areas or districts as the gross floor area of buildings per acre.

Density, Net Residential: The total number of residential units in a development divided by the net land area (in acres) of the parcel or development excluding open space areas.

Density, Gross: The total number of residential units in a development divided by the total land area (in acres) of the parcel(s).

FAR (Floor Area Ratio): A number designating the maximum square footage of commercial use allowed on a particular lot. FAR is calculated by taking the gross floor area in feet of a building/buildings on a lot and dividing it by the lot area in feet, minus any floodplain. The floor area ratio multiplied by the lot area produces the maximum amount of floor area that may be constructed on such lot.

GSF (gross square feet): Total square footage included in a concept plan, schematic plan or site plan or total floor space in non-residential building or complex.

Large Parcel: A parcel or group of contiguous parcels being developed as one community and containing at least 500 acres and a village center.

Land Area, Gross: The total area of a tract, parcel, or development.

Live/Work Units: A dwelling unit containing both living space and office or business type uses, or a dwelling unit located either above or behind a commercial use and occupied by the same entity.

Lot Coverage: The percentage of a lot area occupied by the ground area or footprints of all portions of principal and accessory buildings, structures, and impermeable surfaces on such a lot, including, but not limited to, buildings, garages, decks, sheds, carports, patios, porches, chimneys, paved driveways, parking lots, etc.

Neighborhood: A residential area whose locus is a neighborhood center.

Neighborhood Center: A centercenter that may containcontaining one or more of the following: neighborhood-serving commercial uses, civic uses, and/or housing centering on a public green or square.

Neighborhood Park: A park containing active and/or passive activities (such as ball fields, nature trails, woodlands, tot lots, etc) and containing 2 to 20 acres.

Public Green: pParkland designed to act as the center of a neighborhood that is owned by the City or homeowners’ assocationshall be transferred upon satisfactory completion and accepted by the City and shall be made available to the public. It must be accessible from public streets.

Public Square: A civic space surrounded on at least three sides by public streets and serving as the center of a neighborhood or village center.

Quadruplex: One of four (4) dwelling/building units, located on abutting walls without openings (i.e. “back to back units”) and with each unit having a separate lot, with minimum dimensions as required by district regulations. These “back to back” units will normally have no rear yard and only one side yard (or two fronts and no side yards if on a corner lot).

Single-Family Attached Dwelling: A duplex, semi-detached, or townhouse unit as defined in the Zoning Ordinance.

Specialty Shops: Commercial uses such as dress shops, antique shops, coffee shops, bookstores, florists, etc.

Village Center: A mixed-use center comprised of residential, commercial, and/or civic related uses serving the overall development and centered on a public square or open space.

8B-4 USES

Parcels shall be developed with multiple neighborhoods and neighborhood centers as defined. On large parcels (500 acres or larger), a village center shall also be established, unless waived otherwise specified by the City Council at the time of annexation or rezoning, upon recommendation from the Planning Commission. The village center shall provide a defined center for the location of retail, office and civic uses for a group of neighborhoods. Refer to the Development Design Standards Section 8B-5 for Distribution of Uses and Use Locations.

A. Neighborhoods

1. Permitted Uses:

a. Single-Family Detached Dwelling

b. Single-Family Attached Dwelling

c. Neighborhood Parks, Playgrounds

d. Home Occupations, as defined in Article 2.

2. Special Exception Uses:

a. Small Multi-Family Dwelling Units (not more than 15 units per building)

B. Neighborhood Centers

1. Permitted Uses:

a. All Uses allowed in Neighborhoods

b. Live-Work Units, either single family or townhouse type units

c. Multifamily Dwelling Units

d. Small Group Homes as defined in Article 2, and small nursing homes or assisted living facilities for not more than 20 residents.

e. Churches or other places of worship (less than 10,000 GSF)

f. Bed and Breakfast Facilities

g. Small “corner” food markets, delicatessens or convenience stores (less than 5,000 GSF), no drive-throughs

h. Coffee Shops (less than 5,000 GSF)

i. Libraries

j. Public or Private Swimming Pools

k. Licensed Child-Care Facilities (not more than 5,000 GSF)

l. Public or Private Schools/Educational Facilities

m. Community/Recreation Center or Meeting Hall

n. Laundry/Dry Cleaning drop off (no dry cleaning facilities on the premises)

o. Barber Shops, Hair Styling Salons/Beauty Shops

p. Bus/Transit Stops

2. Special Exception Uses

a. Churches or other places of worship greater than 10,000 sq. ft.

b. Cemeteries

c. Civic-Community Centers

d. Nursery Schools within a church or school building

e. Video Rental Stores

f. Any other function use which the Board of Zoning Appeals finds functionally similar equivalent to any principally permitted use or special exception listed in this article and which does not violate the spirit and intent of this ordinance.

g. Licensed child-care facilities greater than 5,000 sq. ft.

C. Village Centers

1. Permitted Uses:

a. All permitted and special exception uses allowed in neighborhoods and in neighborhood centers, unless modified herein.

b. Multi-Family Units

c. Live/Work Units, town house type only

d. Residential uses above retail/commercial such as multifamily located over a grocery store or shop.

e. Civic, Cultural and Non-residential Education Uses

f. Retail /Commercial Uses as listed below (not to exceed 15,000 gross square feet unless otherwise specified below):

1. Drug Stores and Pharmacies

2. Barber and Beauty Shops

3. Fine Art Galleries

4. Florists

5. Shoe Repair Shops

6. Hardware Stores

7. Clothing Stores

8. Specialty Shops

9. Candy Shops

10. Dairy Products Stores

11. Sundries and Discount Retail Stores

12. Furniture Stores

13. Small Craft-type Enterprises (not more than 5,000 GSF)

14. Professional and Business Offices

15. Medical Offices, for not more than 5 physicians

16. Sporting Goods or Hobby Shops (not more than 5,000 GSF)

17. Stationery and Book Stores

18. Pet Shops

19. Veterinary Clinic

20. Antique Shops

g. Grocery Stores (not more than 40,000 GSF)

h. Government Offices and Services

i. Licensed Child-care Facilities and Nursery Schools

j. Restaurants

k. Banks

l. Bus/Transit Stops

2. Special Exception Uses

a. All Retail/Commercial uses of more than 15,000 GSF unless otherwise specified.

b. Large Grocery / Food Stores greater than 40,000 GSF.

c. Group Homes larger than permitted in Article 2, and Assisted Living Facilities, and Nursing homes with greater than 20 residents.

d. Funeral Homes

e. Laundromats

f. Tourist / Information Centers

g. Private Clubs and Recreational Buildings

h. Hotels, Inns

i. Museums and Art Centers

j. Alcoholic Beverage Package Stores

k. Taverns and Cocktail Lounges

l. Gas Stations, including those with convenience stores and/or small delis/fast food restaurants

m. Skating Rinks (indoor and outdoor)

n. Department Stores

o. Theaters (movie and theatrical)

p. Hospitals, sanitariums or charitable institutions for human care and treatment

q. Medical Clinics, including medical laboratories, as part of a medical office or clinic only, and medical offices for more than 5 physicians.

r. Professional and Commercial Offices

s. Commuter Rail/Train Station as defined in Section 8B-3.

t. Any other function use which the Board of Zoning Appeals finds functionally similar equivalent to any principally permitted use or special exception listed in this article and which does not violate the spirit and intent of this ordinance.

D. Use Limitations and Performance Standards

All permitted uses and special exception uses shall be subject to Section 5.10, Performance Standards.

E. Accessory Structures and Other Uses

Accessory structures are permitted in association with permitted structures and uses or as approved special exceptions, as specified in Section 2.2 and Section 5.8, with the following exceptions:

1. Accessory structures used as rear yard detached vehicular garages for Single Family Detached and Attached Dwellings, not exceeding 600 square feet, may be located no closer than five (5) feet to the side and/or rear yard property lines.

2. Attached garages are not considered accessory structures. However, rear-loading attached garages may be located no closer than five (5) feet from the rear propert