15.730 Traditional Neighborhood Development (TND).

(1) Statutory Authorization. The ordinance codified in this section is adopted pursuant to the authority contained in Wis. Stat. §§ 62.23 and 66.1027.

(2) Purpose. The purpose of this section is to allow the optional development and redevelopment of land in the City of Manitowoc consistent with the design principles of traditional neighborhoods. A traditional neighborhood:

(a) Is compact;

(b) Is designed for the human scale;

(c) Provides a mix of uses including, but not limited to, residential, commercial, civic and open space uses in close proximity to one another within a traditional neighborhood;

(d) Provides a mix of housing styles, types and sizes to accommodate households of all ages, sizes and incomes;

(e) Incorporates a system of relatively narrow, interconnected streets and sidewalks, bikeways, and transit that offers multiple routes for motorists, pedestrians and bicyclists, and provides for the connections of those streets to existing and future developments;

(f) Retains existing buildings with historical or architectural features that enhance the visual character of the community;

(g) Incorporates significant environmental features into the design; and is

(h) Consistent with the City’s Comprehensive Plan.

(3) Applicability. The TND ordinance is an alternative set of standards for new development within the City. All TNDs shall be at least two total gross acres in area.

(4) Character of Site. All TNDs must be suitable for development in the manner proposed without hazard to persons or property, on and off the site, from flooding, erosion, subsidence or slipping of the soil, or other dangers.

(5) Unified Control. All land included for development as a TND shall be under the legal control of the owner as defined under subsection (14) of this section, whether the owner be an individual, partnership, corporation, limited liability company, or any combination thereof. Owners requesting approval of a TND shall present evidence of unified and total control of the entire land area within the proposed TND, together with written evidence that the owner has the unrestricted right to impose all of the covenants and conditions upon the land as are required by the provisions of this section.

(6) TND as a Conditional Use Permit (CUP). The establishment of a TND requires the issuance of a conditional use permit pursuant to MMC 15.370(27), and is allowed only in accordance with the district regulations of the underlying zoning district. The predominant land use in a TND shall be a permitted use or conditional use permitted in the underlying zoning district.

(7) Transfer of Zoning. Where there is more than one underlying zoning district within the boundaries of a parcel of land proposed as a TND, the Common Council may, upon recommendation of the City Plan Commission, approve the transfer of permitted uses of the underlying zoning, in equal proportion of total land area, to any part of the proposed TND where such transfer will promote the intent and purpose of this section.

(8) Fees. Each TND submitted for review and approval under this section shall be accompanied by a nonrefundable fee as established by resolution of the Common Council, for administration of this section.

(9) Abrogation and Greater Restrictions. If a conflict exists between this section and any other provision or requirement contained elsewhere in Chapter 7, 8, 15 or 21 MMC, the provision or requirements contained elsewhere in Chapter 7, 8, 15 or 21 MMC shall control, unless approved by the Common Council, upon recommendation of the City Plan Commission.

(10) Coordination with City Subdivision Requirements. Subdivision review under Chapter 21 MMC shall be applied simultaneously with the review of a TND under this section. The TND plans required under this section shall be submitted in a form which shall satisfy the requirements of Chapter 21 MMC for the preliminary and final plats.

(11) Interpretation. The provisions of this section shall be held to be minimum requirements and shall be construed in favor of the City, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes, Wisconsin Administrative Code, rules, regulations or City ordinances, now in effect, or which may be later promulgated.

(12) Severability. If any subsection, provision or portion of this section is adjudged unconstitutional or invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this section.

(13) Exceptions to Standards. The Common Council, upon recommendation from the City Plan Commission, may permit deviations from the standards and requirements outlined in this section when it can be determined that:

(a) The waiver of any standards and requirements shall result in a direct positive benefit to the residents and/or occupants of the TND; said benefits shall be in the form of provision of exceptional amenities, design excellence, etc.;

(b) The objectives underlying these standards and requirements can be met without strict adherence to them; and

(c) Strict adherence to these standards and requirements, given the peculiarities in the tract of land comprising the TND or the facilities proposed, would be unreasonable.

(14) Definitions. In addition to words and terms defined elsewhere in Chapters 7, 8, 15 and 21 MMC, the following words and terms shall have the meanings set forth below:

Acre, gross means a measure of land area (43,560 square feet).

Acre, net means an acre of land, excluding street right-of-way and other publicly dedicated improvements such as parks, open space, and stormwater detention and retention facilities.

ADT means the average number of vehicles per day that pass over a given point on a street.

Affordable housing means housing for households whose gross income is at or below 80 percent of the Manitowoc County median income as defined by the U.S. Department of Housing and Urban Development, and for which mortgage principal and interest payments, primary mortgage insurance (if applicable), taxes, insurance, and condominium and association fees, if any, constitute no more than 28 percent of gross monthly household income; or no more than 36 percent of gross monthly household income for all debts, including house payments.

Best management practices (BMP) means state-of-the-art technology as applied to a specific problem. For stormwater management, BMP means the most effective, practical measures to control nonpoint sources of pollutants that run off from land surfaces.

Building scale means the relationship between the mass of a building and its surroundings, including the width of streets, open space, and the mass of surrounding buildings. Mass is determined by the three-dimensional bulk of a structure: height, width and depth.

Civic means a building or complex of buildings that house governmental offices and services, and that may include cultural, recreational, athletic, convention and entertainment facilities.

Curb radius means the curved edge of streets at an intersection, measured at the outer edge of the street curb or of a parking lane.

Infill development means the development of new housing or other buildings on scattered vacant sites in a built-up area.

Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated, designated, or reserved for public or private use or enjoyment or for the use and enjoyment of owners, occupants, and their guests of land adjoining or neighboring such open space, and exclusive of setback areas.

Owner means any property owner, tenant, developer, representative or agent, whether an individual or other legal entity, having the rights of ownership and sufficient proprietary interest to seek development of land.

Principal building means a building in which is conducted the principal use of the lot on which it is located.

Queuing means the use of one travel lane on local streets with parking on one or two sides.

Secondary dwelling unit means an additional dwelling unit located within the principal dwelling on the lot, in a freestanding building or above a residential garage.

Traditional neighborhood means a compact, mixed use neighborhood where residential, commercial and civic buildings are within close proximity to each other.

(15) Procedural Requirements for Creation of a TND. Prior to the issuance of any permits for development within a TND, the owner shall follow and complete the procedures outlined in this section to the satisfaction of the City.

(a) Preapplication Meeting. Any owner proposing to create a TND shall first contact the City Planner and City Engineer, and acquaint themselves with the provisions of the Wisconsin Statutes and ordinances of the City. The City will identify procedures for application and processing of a TND, as well as provide information regarding submittal requirements, design standards and other applicable issues and requirements, prior to the official submittal of an application for creation of a TND.

(b) General Development Plan (GDP). The owner shall submit a GDP to the City Plan Commission for review and approval. The GDP is intended to guide the overall development of property within a TND, and the owner shall provide the City with, at minimum, the information outlined in subsection (16) of this section.

(c) Request for CUP. Concurrent with the submittal of a GDP to the City Plan Commission, the owner shall submit an application for a CUP in accordance with MMC 15.370(27) to officially establish a TND.

1. Within 60 calendar days from the date the application for a CUP is referred by the Common Council to the City Plan Commission, the City Plan Commission shall hold a public informational hearing in accordance with MMC 15.370(27).

2. At the public informational hearing, the City Plan Commission shall receive a report from the City Planner recommending approval or disapproval of the CUP and/or GDP. Within 30 calendar days after the date of the public informational hearing, the City Plan Commission shall recommend to the Common Council either:

A. Approval of the CUP and GDP;

B. Approval of the CUP and GDP with modifications; or

C. Denial of the CUP and/or GDP.

3. The Common Council shall receive the recommendation from the City Plan Commission, and upon due consideration shall either:

A. Approve the CUP and GDP;

B. Approve the CUP and GDP with modifications; or

C. Deny the CUP and/or GDP.

(16) General Development Plan (GDP). An application for a CUP to create a TND shall be accompanied by a GDP that complies fully with the site plan requirements in MMC 15.370(2), plus shall include the following information:

(a) The title of the project and the names of the professional project planner and/or engineer, and the owner of the project;

(b) An explanation of the character of the TND, and the manner in which it has been planned to take advantage of the TND regulations;

(c) A statement of the present ownership of all of the land included within the TND;

(d) A general outline of the organizational structure which will be used to provide any necessary private services within the TND;

(e) The estimated number of employees; the character and volume of truck and automobile traffic generated from the TND; and the covenants or other agreements that will govern the organizational structure, use, maintenance and continued protection of the TND, and any of its common services, open areas or other facilities;

(f) Identification of any proposed departures from the standards of development as set forth in Chapter 7, 8, 15 or 21 MMC, or other City ordinances, regulations or administrative rules;

(g) The expected date of commencement of physical development within the TND, and an outline of any development staging or phasing which is planned;

(h) A map showing the existing land use conditions in the TND, including the legal description of the property. In addition, this map shall indicate and identify existing property lines and dimensions, ownership of all parcels, platting, easements, existing and planned street rights-of-way, utilities, and buildings in the TND site, and for an area 500 feet beyond the boundaries of the TND;

(i) A map showing the natural features of the TND area, and an area 500 feet beyond the boundaries of the TND. This map shall show contour lines at no more than two-foot intervals, drainage patterns, wetlands, vegetation, soil type and subsoil conditions;

(j) The proposed location and acreage of each component of the different uses proposed in the TND by dwelling types, commercial business types, open space uses, recreational facilities, other permitted uses, off-street parking and loading, vehicular, bicycle and pedestrian circulation;

(k) Tabulations of the total gross acreage in the TND, including public rights-of-way, and a percentage breakdown of all proposed land uses in the TND;

(l) Architectural drawings, and sketches or graphic illustrations depicting the planned design and character of the various structures proposed in the TND;

(m) All deed restrictions, easements including conservation easements, and other documents pertaining to the improvement, operation and maintenance of common areas in the TND;

(n) A preliminary description of all the public and private facilities and utilities planned in the TND;

(o) The preliminary location and design of all planned signage, street and pedestrian lighting, including lamp intensity, height and placement;

(p) Preliminary drainage, erosion control and stormwater management plan;

(q) A plan showing how the entire TND may be further subdivided in the future;

(r) Any other information deemed necessary by the City in order to evaluate the TND; and

(s) Fourteen copies of the above information, plus one reduced set no larger than eight and one-half inches by 11 inches.

(17) Preliminary Plat. If the TND involves land subdivision as required under Chapter 21 MMC, the owner shall also submit a preliminary plat or documents meeting the requirements of Chapter 21 MMC at the same time a GDP under subsection (16) of this section is submitted.

(18) Final Development Plan (FDP). Within 24 months following the latest date of Common Council approval of the CUP, GDP and preliminary plat, if required, the owner shall file with the City Clerk an FDP containing, in final form, the information required in the GDP, including any changes required by the City Plan Commission or Common Council; and shall also submit a final plat for all or that portion of the TND to be platted.

(a) The FDP and final plat, if required, shall be referred by the Common Council to the City Plan Commission for review and recommendation in accordance with MMC 21.040.

(b) The FDP and final plat shall substantially conform to the GDP and the preliminary plat, and shall include any changes required to be made by the City Plan Commission or Common Council to the GDP and preliminary plat.

(c) The Common Council shall receive the recommendation from the City Plan Commission, and upon due consideration shall either:

1. Approve the FDP and final plat;

2. Approve the FDP and final plat with modifications; or

3. Deny the FDP and final plat, and revoke the CUP.

(d) Common Council approval of the FDP may provide for future review and approval by the City Plan Commission and Council of the detailed plans for any future, phased developments. Common Council approval of the TND shall also include the requirement that the owner enter into a performance agreement with the City in accordance with MMC 15.370(2)(i).

(19) Recording of Documents. The following documents, and any subsequent amendments, shall be recorded by the City within 10 calendar days after approval and execution of the document by all applicable parties:

(a) Approved FDP and final plat, and amendments thereto.

(b) Performance agreement as per MMC 15.370(2)(i), and amendment thereto.

Said documents shall be recorded against the TND property at the sole expense of the owner, and shall be recorded at the Register of Deeds for Manitowoc County, Wisconsin, and shall be deemed to be and interpreted as a covenant running with the land. The City may, at City’s sole discretion and expense, upon completion of all conditions prerequisite to the approval of the FDP, final plat and issuance of a certificate of occupancy, terminate any or all conditions contained in the performance agreement, and file the necessary legal documents at the Register of Deeds.

(20) No Vested Rights Granted. Except as expressly provided by law or ordinance, no vested rights in connection with a TND project shall inure to the owner until the date a building permit is first issued by the City’s Director of Building Inspection. The City does not warrant under this section that the owner is entitled to any other required approvals.

(21) Basis for Approval of an Application for a TND. As a basis for review of a TND application by the City Plan Commission and Common Council, the following criteria, in addition to the criteria specified under MMC 15.370(27)(c), shall be applied to the application with specific consideration as to whether or not the proposed TND is consistent with the spirit and intent of this section, is consistent with the City’s Comprehensive Plan, has been prepared with professional advice and guidance, and produces significant benefits to the City in terms of affordability and environmental design.

(a) Character and Integrity of Land Use. In a TND, the land uses proposed and their intensity and arrangement on the site shall be of a visual and operational character which:

1. Is compatible to the physical nature of the site with particular concern for preservation of natural features, tree growth and open space;

2. Would produce an attractive environment of sustained aesthetic and ecological desirability, economic stability, and functional practicality compatible with the general development plans for the area as established by the City’s Comprehensive Plan;

3. Would not adversely affect the anticipated provisions for school or other municipal services; and

4. Would not create a traffic or parking demand incompatible with the existing or proposed facilities to serve the TND.

(b) Economic Feasibility and Impact. The proponents of a TND application shall provide evidence satisfactory to the City Plan Commission and Common Council of the economic feasibility of the development, including, but not limited to, letters of intent, prelease commitments and the availability of adequate financing, and shall further demonstrate that the TND would not adversely affect the economic prosperity of the City, or diminish the values of surrounding properties.

(c) Engineering Design Standards. The width of street rights-of-way, width and location of streets or other paving, outdoor lighting, location of sewer and water lines, provision for stormwater drainage or other similar environmental engineering considerations shall be based on standards necessary to implement the specific functions in a specific situation, provided, however, in no case shall standards be less than those necessary to ensure the public safety and welfare as determined by the City Engineer.

(d) Preservation and Maintenance of Open Space. In a TND, the owner shall be required to provide open space that is “developed” with active recreational facilities provided by the owner; and/or “undeveloped” which is designed to preserve important site amenities and environmentally sensitive areas, and which may permit certain improvements provided by the owner such as the cutting of trails, the provision of picnic areas, etc.

In a TND, all common open space, at the election of the City, shall be either set aside as common land for the sole benefit, use and enjoyment of present and future lot, home or business owners within the TND and their guests, or shall be dedicated to the City as park land for the use of the general public, or shall be subjected to a perpetual conservation easement in favor of the City or not-for-profit organization of the City’s choosing. All common open space, not individually owned or dedicated for public use and that is intended for the common use or enjoyment of the residents of the TND, shall be subject to perpetual easements. The City will not accept the dedication of open space that is not part of an existing, improved parcel.

Any lands reserved or dedicated for open space purposes shall contain appropriate covenants and deed restrictions ensuring that the open space area will continue in perpetuity for the purpose specified, will be maintained, and will not be turned into a commercial enterprise admitting the general public at a fee.

The City Plan Commission shall determine which of these options is more appropriate, and shall recommend to the Common Council one or more of the following procedures:

1. The open space land shall be conveyed by the owner to a nonprofit organization so that fee simple title shall be vested in such organization; provided, that suitable arrangements have been made for maintenance of said land and any building thereon. In addition, the open space to be reserved shall be protected against building development by conveying to the City as part of the conditions for CUP or TND approval a perpetual open space easement over such open areas restricting the area against any future building or use, except as consistent with that of providing landscaped open space for the aesthetic and recreational satisfaction of the surrounding residences. Buildings or uses for noncommercial, recreational or cultural purposes compatible with the open space objective may be permitted only where specifically authorized as part of the TND, or subsequently with the express approval of the Common Council, following approval of the FDP and final plat by the Common Council.

2. The open space land shall be dedicated to the City for park and recreational purposes by the owner. Where this option is determined to be in the best interest of the City, the owner shall be compelled to improve the natural condition of the open space.

3. The City or a not-for-profit organization of the City’s choosing shall be conveyed a perpetual conservation easement in, and to, the open space land for the purpose of assuring the retention and preservation of open space. Where this option is determined to be in the best interest of the City, the owner shall be compelled to improve the natural condition of the open space. Such easement shall also establish maintenance and enforcement procedures, and allow the City or the designated not-for-profit to perform obligations of the owner, collect its costs from the owner, and charge such costs against the open space land and adjoining property of the owner, and collect such costs as an assessment. Such easements shall not grant any right to use the open space as public park, nor any rights to the City or the public to make improvements on, or physical use of, the open space.

4. The care and maintenance of such open space reservations shall be assured by establishment of an appropriate management organization for the TND. The manner of assuring maintenance and assessing such costs to individual properties shall be included in any easement or contractual agreement, and shall be included in the title to each property.

5. Ownership and tax liability of private open space reservations shall be established in a manner acceptable to the City, and made a part of the conditions of the FDP approval.

(e) Off-Street Parking and Loading. Alternatives to off-street parking and loading requirements under MMC 15.430 shall be accepted if the owner demonstrates that such standards better reflect local conditions within the TND.

(f) Implementation Schedule. The owner of a TND shall submit a reasonable and detailed schedule for the implementation of the development to the satisfaction of the City Plan Commission and Common Council, including suitable provisions for assurances that each phase will be brought to completion in a manner that will not result in an adverse effect upon the City as a result of termination at that point.

The City Plan Commission and Common Council, in making their respective recommendations and determination, shall consider the reasonableness of the proposed implementation schedule, and any staging plan for the physical development of the proposed TND. Commencement of the physical development of the TND within one year of the date of Common Council approval of the FDP and final plat shall be deemed reasonable.

(g) Residential TND Considerations. The City Plan Commission and Common Council, in making their respective recommendation and determination as to a proposed residential TND, shall further consider whether:

1. Such development will create an attractive residential environment of sustained desirability and economic stability, including structures in relation to terrain, consideration of safe pedestrian flow, ready access to recreational space, and coordination with overall plans for the City;

2. The total net residential density within the TND will be compatible with the City’s Comprehensive Plan or components thereof, and shall be compatible with the density of the neighborhood wherein located;

3. Structure type will be generally compatible with other structural types permitted in the neighborhood;

4. Provisions have been made for the installation of adequate public facilities, and the continuing maintenance and operation of such facilities if privately owned;

5. Provisions have been made for adequate, continuing fire and police protection;

6. The population density of the TND will not have an adverse effect upon the City’s capacity to provide needed municipal service facilities; and

7. Adequate guarantee is provided for permanent preservation of open space areas as shown on the FDP or final plat, either by private reservation and maintenance, or by dedication to the public.

(h) Commercial TND Considerations. The City Plan Commission and Common Council, in making their respective recommendation and determination as to a proposed commercial TND, shall further consider whether:

1. The economic practicality of the proposed TND can be justified;

2. The proposed TND will be served by off-street parking and truck service area and facilities in accordance with MMC 15.430 or subsection (21)(e) of this section;

3. The proposed TND shall be adequately provided with, and shall not impose any undue burden on, public services and facilities such as fire and police protection, street maintenance, water, sanitary sewer and stormwater drainage, and maintenance of public areas;

4. The locations of entrances and exits have been designated to prevent unnecessary interference with the safe and efficient movement of traffic and surrounding streets, and that the TND will not create any adverse effect upon the general traffic pattern of the surrounding neighborhood; and

5. The architectural design, landscaping, control of lighting and general site development will result in an attractive and harmonious service area compatible with, and not adversely affecting, the property values of the surrounding neighborhood.

(i) Mixed Use TND Considerations. The City Plan Commission and Common Council, in making their respective recommendation and determination as to a proposed mixed use TND, shall further consider whether:

1. The proposed mixture of uses results in a unified composite which is compatible with the surrounding neighborhood; and

2. The various types of uses conform to the general requirements as hereinbefore set forth in this chapter, and are applicable to projects of such use and character.

(22) Revisions or Changes in a TND. A TND shall be developed only according to the approved and recorded FDP and final plat, if applicable, plus any approved and recorded amendments thereto, and a performance agreement under MMC 15.370(2)(i). The recorded documents shall be binding upon the owner, their successors, grantees, heirs and assigns, and shall limit and control the location and use of the property contained in a TND, including the internal use of buildings and structures, as set forth therein.

(a) Major Changes. Changes which alter the concept or intent of the TND including increases in land use density; changes in location and type of nonresidential land uses; increases in the height of buildings; reduction of proposed open space; more than a 15 percent modification in the proportion of housing types; changes in road standards or alignment; utilities; drainage; changes in the building schedule; or changes in the final governing agreements may be approved only by submission of a new GDP and supporting data, and following the steps and subsequent amendment of the FDP as detailed in subsection (18) of this section.

(b) Minor Changes. The City Planner may approve minor changes in the TND which do not change the concept or intent of the TND. The City Engineer may approve minor changes in road standards or alignment, utility and site drainage that do not alter the overall design of the TND. A minor change to a TND will not require submission of a new GDP and will not require the procedure in subsection (15) of this section. Minor changes are defined as any change not defined as a major change under subsection (22)(a) of this section. The City Planner and City Engineer will have sole discretion as to whether a change is considered a minor change under this section, or a major change under subsection (22)(a) of this section.

(23) Performance Agreement. Prior to the issuance of a building permit by the Director of Building Inspection, the owner shall execute a performance agreement in accordance with MMC 15.370(2)(i). The performance agreement shall incorporate all compliance conditions and requirements of the CUP and FDP approvals as identified on the approved CUP, FDP and final plat to secure the implementation and completion of the FDP as approved, including, but not limited to, the following:

(a) Conditions relative to financing of necessary public improvements and facilities;

(b) A schedule for commencement and completion of the project and any phases thereof;

(c) Time limits for commencement and completion of the development;

(d) Requirements for appropriate easements, reservations and land dedications;

(e) Letter of credit requirements to assure a timely completion of all landscaping and site improvements required by City ordinance including landscaping and off-street parking requirements under MMC 15.690; and requirements of other City departments and State and Federal regulations; and

(f) Other conditions, terms, restrictions and requirements relevant to the approved FDP and final plat including the termination and amendment of the performance agreement.

(24) Schedule of Construction. The Common Council shall consider the revocation of a CUP and TND if construction falls more than two years behind from the dates established in an approved implementation schedule provided under subsection (21)(f) of this section; said two years shall commence as of the date the FDP is recorded under subsection (19) of this section. The revocation process shall be conducted as outlined under MMC 15.370(27)(f). The owner shall be notified at least 30 calendar days prior to the date of any revocation hearing.

(25) TND Design Standards.

(a) Neighborhood Uses. In order to achieve the proximity necessary to make neighborhoods walkable, it is important to mix land uses. A TND may consist of residential uses, a mixed use area, and open space as provided below:

1. Residential uses in accordance with subsection (25)(a)(1)(A) of this section may occur anywhere in the TND. For infill development, the residential uses may be satisfied by existing residential uses adjacent to the TND:

A. Permitted uses and conditional uses in the “R-1,” “R-2,” “R-3,” “R-4,” “R-5,” “R-6,” and “R-7” Zoning Districts.

2. Mixed uses including, but not limited to, commercial, residential, civic or institutional, and open space uses in accordance with subsections (25)(a)(2)(A) and (B) of this section. All residents shall be located within approximately one-half mile or a 10-minute walk from existing or proposed commercial, civic, and open space areas. Individual businesses shall not exceed 6,000 square feet in building area:

A. Commercial uses permitted and conditional uses in the “B-2” and “B-3” Zoning Districts.

B. Permitted uses and conditional uses in the “R-2,” “R-3,” “R-4,” “R-5,” “R-6,” and “R‑7” Zoning Districts, and MMC 15.270(2)(zzz) and (aaaa).

3. Open space uses in accordance with subsection (25)(a)(3)(A) through (E) of this section shall be incorporated in the TND as appropriate.

A. Environmental corridors;

B. Protected natural areas;

C. Community parks;

D. Streams, ponds and other water bodies; and

E. Stormwater detention/retention facilities.

(b) Development Units. The number of residential dwelling units and the amount of nonresidential development (excluding open spaces) shall be determined as follows:

1. In areas devoted to mixed residential uses the number of single-family attached and detached units and multifamily units permitted shall be in compliance with MMC 15.170(4)(d);

2. In mixed use areas:

A. The number of single-family and multifamily dwelling units permitted shall be calculated the same as subsection (25)(b)(1) of this section, plus an additional number of units not to exceed 10 percent of the amount permitted.

B. Dwelling units constructed above commercial uses shall be permissible in addition to the number of dwelling units authorized under this section. However, the total number of dwelling units shall not be increased by more than 10 dwelling units or 10 percent, whichever is greater.

C. The total ground building area of nonresidential development uses, including off-street parking areas, shall not exceed 25 percent of the gross acreage of the TND area.

(c) Open Space. At least 20 percent of the gross acreage of the TND area must be open space. Open space may include undevelopable areas such as steep slopes and wetlands, and stormwater detention and retention basins, but shall exclude all right-of-way areas. Ninety percent of the lots within the areas devoted to mixed residential uses shall be within one-half mile or a 10-minute walk from a common open space.

(d) Stormwater Management. The design and development of the TND should minimize stormwater runoff, promote on-site filtration, and minimize the discharge of pollutants to ground and surface water. Natural topography and existing land cover should be maintained and protected to the maximum extent practicable. New development and redevelopment shall meet the following requirements:

1. Untreated, direct stormwater discharges to wetlands or surface waters are prohibited;

2. Post-development peak discharge rates shall not exceed predevelopment peak rates;

3. Erosion and sediment controls must be implemented to remove 80 percent of the average annual load of total suspended solids;

4. Areas for snow storage shall be provided unless the owner provides an acceptable snow removal plan;

5. Redevelopment stormwater management systems shall improve existing conditions and meet standards to the extent practicable; and

6. All treatment systems or BMPs must have operation and maintenance plans to ensure that systems function as designed.

(e) Lot and Block Standards.

1. Street layouts should provide for perimeter blocks that are not more than 200 to 400 feet deep by 400 to 800 feet long. A variety of lot sizes shall be provided to facilitate housing diversity and choice, and meet the projected requirements of people with different housing needs;

2. Lot widths should create a relatively symmetrical street cross-section that reinforces the public space of the street as a simple, unified public space;

3. Structures in the mixed use area shall have no minimum setback. Commercial and civic or institutional buildings may abut the sidewalks in the mixed use area;

4. Single-family detached residences shall have a front yard building setback of 25 feet. Single-family attached residences and multifamily residences shall have a front yard building setback of 15 feet;

5. The principal building on lots devoted to single-family detached residences shall be set back no less than 30 feet from the rear lot line;

6. Provisions for zero side and rear lot line, single-family dwellings may be made; provided, that a reciprocal access easement is recorded for both lots and townhouses or other attached dwellings; provided, that all dwellings have pedestrian access to the rear yard through means other than the principal structure; and

7. Areas with setbacks less than 10 feet shall submit documentation to the City Engineer which demonstrates and ensures that snow in the setback areas will not be pushed into any public right-of-way.

(f) Circulation Standards. The circulation system shall allow for different modes of transportation. The circulation system shall provide functional and visual links within the residential, mixed use and open space areas of the TND, and shall be connected to existing and proposed external development. The circulation system shall provide adequate traffic capacity as determined by the City Engineer, provide connected pedestrian and bicycle routes (especially off-street bicycle or multi-use paths or bicycle lanes on the streets), control through traffic, limit lot access to streets of higher traffic volumes, and promote safe and efficient mobility through the TND.

(g) Pedestrian Circulation. Convenient pedestrian circulation systems that minimize pedestrian and motor vehicle conflicts shall be provided continuously throughout the TND. Where feasible, any existing pedestrian routes through the TND shall be preserved and enhanced. All streets, except for alleys, shall be bordered by sidewalks on both sides in accordance with the specifications listed in Table 1 under subsection (25)(k) of this section. The following provisions also apply:

1. Sidewalks in Residential Areas. Clear and well-lighted sidewalks, a minimum of five feet in width, depending on projected pedestrian traffic, shall connect all dwelling entrances to the adjacent public sidewalk;

2. Sidewalks in Mixed Use Areas. Clear and well-lighted walkways shall connect building entrances to the adjacent public sidewalk and to associated parking areas. Such walkways shall be a minimum of six feet in width. Sidewalks in areas where zero side and rear lot lines are present shall be full sidewalk from the property line to the curb;

3. Disabled Accessibility. Sidewalks shall comply with the applicable requirements of the Americans with Disabilities Act, as may be amended from time to time; and

4. Crosswalks. Intersections of sidewalks with streets shall be designed with clearly defined edges. Crosswalks shall be well-lit and clearly marked with contrasting paving materials at the edges or with striping, and shall be signed with materials in compliance with the Manual on Uniform Traffic Control Devices.

(h) Bicycle Circulation. Bicycle circulation shall be accommodated on streets and/or on dedicated bicycle paths. Where feasible, any existing bicycle routes through the TND shall be preserved and enhanced. Facilities for bicycle travel may include off-street bicycle paths (generally shared with pedestrians and other nonmotorized users) and separate striped, four-foot bicycle lanes on streets. If a bicycle lane is combined with a lane for parking, the combined width shall be 14 feet.

(i) Public Transit Access. Where public transit service is available or planned, convenient access to transit stops shall be provided. Where transit shelters are provided, they shall be placed in highly visible locations that promote security through surveillance, and shall be well-lighted.

(j) Motor Vehicle Circulation. Motor vehicle circulation shall be designed to minimize conflicts with pedestrians and bicycles. Traffic calming features such as queuing lanes, curb extensions, traffic circles, and medians may be used to encourage slow traffic speeds if approved by the City Engineer.

(k) Street Hierarchy. Each street within a TND shall be classified according to the following (arterial and minor arterial streets shall not bisect a TND):

1. Collector. This street provides access to commercial or mixed use buildings, but it is also part of the City’s major street network. On-street parking helps to slow traffic. Additional parking is provided in lots to the side or rear of buildings;

2. Minor Collector. This street provides primary access to individual residential properties and connects streets of lower and higher function. Design speed is 25 miles per hour;

3. Local Street. This street provides access to individual residential properties. Traffic volumes are relatively low, with a design speed of 20 miles per hour; and

4. Alley. These streets provide secondary access to residential properties where streets are narrow, where the street is designed with a narrow width to provide limited on-street parking, or where alley access development is desired to increase residential densities. Alleys shall also provide delivery access or alternate parking access to commercial properties.

Table 1: Attributes of Streets in a TND 

	Collector	Minor Collector	Local Streets	Alley
ADT	1,500 or more	750 – 1,500	Less than 750	N/A
Right-of-way (ROW)	76 – 88 feet	66 – 72 feet	60 – 66 feet	12 – 20 feet
Auto travel lanes	2 or 3 12-foot lanes	2 11-foot lanes	2 10-foot lanes; or 1 14-foot 1-way lane	2 8-to-10-foot lanes for 2-way traffic; or 1 12-foot lane for 1-way traffic
Bicycle lanes	2 6-foot lanes combined with parking lanes	4-foot lanes with no parking; or 6-foot lanes combined with parking lanes	None	None
Parking*	1 or both sides, 8 feet	1 or both sides, 8 feet	1 or both sides, 8 feet	None (access to individual drives and garages outside ROW)
Curb and gutter	Required	Required	Required	Not required
Curb lawn or planting strips	Minimum 6 feet	Minimum 6 feet	Minimum 6 feet	None
Sidewalks	Both sides, 5 feet minimum	Both sides, 5 feet minimum	Both sides, 5 feet minimum	None

* It shall be a violation of this section to allow parking where the TND design did not account for such use.

(l) Street Layout. The TND shall maintain the existing street grid, where present, and restore any disrupted street grid, where feasible. In addition:

1. Intersections shall be at right angles whenever possible, but in no case less than 75 degrees. Low volume streets may form three-way intersections creating an inherent right-of-way assignment (the through street receives precedence) which significantly reduces accidents without the use of traffic controls.

2. Corner Radii. The roadway edge at street intersections shall be rounded by a tangential arc with a maximum radii of 15 feet for local streets, and 20 feet or more for intersections involving collector or arterial streets. The intersection of a local street and an access lane or alley shall be completed with a concrete trapezoidal approach.

3. Curb cuts for driveways to individual residential lots shall be prohibited along arterial streets. Curb cuts shall be limited to intersections with other streets or access drives to parking areas for commercial, civic or multifamily residential uses. Clear sight triangles shall be maintained at intersections, as specified below, unless controlled by electronic traffic signal devices:

Intersection of	Minimum Clear Sight Distance
Local street and collector	120 feet
Collector and collector	130 feet
Collector and arterial	50 feet

4. The orientation of streets shall enhance the visual impact of common open spaces and prominent buildings, create lots that facilitate passive solar design, and minimize street gradients. All streets shall terminate at other streets or at public land, except local streets may terminate in stub streets, when such streets act as connections to future phases of the development. Local streets may terminate when there is an appropriate cul-de-sac designed.

(m) Parking Requirements. Parking areas for shared or community use should be encouraged. In addition:

1. In the mixed use area, any parking lot shall be located at the rear or side of a building. If located at the side, screening shall be provided as specified in MMC 15.690(4);

2. A parking lot or garage may not be adjacent to or opposite a street intersection;

3. In a mixed use area, a commercial use shall provide parking space in accordance with MMC 15.430 or subsection (21)(e) of this section;

4. Parking lots or garages shall provide not less than one bicycle parking space for every 10 motor vehicle parking spaces;

5. Adjacent on-street parking may apply toward the minimum parking requirements;

6. In the mixed residential areas, parking may be provided on site; and

7. Multifamily uses must provide parking in accordance with MMC 15.430 or subsection (21)(e) of this section.

(26) Architectural Standards. A variety of architectural features and building materials is encouraged to give each building or group of buildings in a TND a distinct character.

(a) Guidelines for Existing Structures. MMC 15.650 shall determine the guidelines for existing structures. In addition, the following shall be observed.

1. Existing structures, if determined to be historic or architecturally significant, shall be protected from demolition or encroachment by incompatible structures or landscape development; and

2. The U.S. Secretary of the Interior’s “Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings” shall be used as the criteria for renovating historic or architecturally significant structures.

(b) Guidelines for New Structures.

1. Height. New structures within a TND shall be no more than three stories above grade for single-family residential, or five stories above grade for commercial, multifamily residential, or mixed uses.

2. Entries and Facades.

A. The architectural features and materials of a facade of a building shall be continued on all sides visible from a public street;

B. The front facade of the principal building on any lot in a TND shall face onto a public street;

C. The front facade shall not be oriented to face directly towards a parking lot;

D. Porches, pent roofs, roof overhangs, hooded front doors or other similar architectural elements shall define the front entrance to all residences;

E. For commercial buildings, the front facade on the ground floor shall have the maximum amount of transparency permissible by State code, consisting of window or door openings allowing views into and out of the interior; and

F. New structures on opposite sides of the same street shall follow similar design guidelines. This provision shall not apply to buildings bordering civic uses.

(c) Garages and Secondary Dwelling Units. Garages and secondary dwelling units may be placed on a single-family detached residential lot within the principal building or as an accessory building; provided, that the secondary dwelling unit shall not exceed 800 square feet.

(d) Exterior Signage. In addition to Chapter 31 MMC, exterior signage shall comply with the following:

1. A comprehensive sign program is required for the entire TND which establishes a uniform sign theme. Signs shall share a common style (i.e., size, shape and material). In the mixed use area, all signs shall be wall signs or cantilever signs. Cantilever signs shall be mounted perpendicular to the building face and shall not exceed eight square feet.

(e) Lighting.

1. Street lighting shall be provided along all streets. Generally, more, smaller lights, as opposed to few, high intensity lights, should be used. Street lights shall be installed on both sides of the street at intervals of no greater than 150 feet. Street lighting design shall meet the requirements of the Manitowoc Public Utilities; and

2. Exterior lighting shall be directed downward in order to reduce glare onto adjacent properties.

(27) Landscaping and Screening Standards. In addition to MMC 15.690 the following shall be complied with. Overall composition and location of landscaping shall complement the scale of the development and its surroundings. In general, larger, well-placed contiguous planting areas shall be preferred to smaller, disconnected areas. Where screening is required by this section, it shall be at least four feet above grade, but no more than six feet in height, unless otherwise specified in this chapter or approved by the Common Council, upon recommendation of the City Plan Commission. Required screening shall be satisfied by one or some combination of a decorative fence not less than 50 percent opaque behind a continuous landscaped area, a masonry wall, or a hedge.

(a) Street Trees. A permit is needed and shall be required to be obtained from the City’s Parks and Recreation Department to plant street trees. Species of trees allowed will be in accordance with the City’s tree planting policy. Trees shall preferably be located between the sidewalk and the curb, within the landscaped area of a boulevard, or in tree wells installed in pavement or concrete. If placement of street trees with the right-of-way will interfere with utility lines, trees may be planted within the front yard setback adjacent to the sidewalk. Street trees shall be provided in accordance with MMC 8.190.

(b) Parking Area Landscaping and Screening.

1. All parking and loading areas fronting public streets or sidewalks, and all parking and loading areas abutting Residential Districts or uses, shall provide:

A. A landscaped area at least five feet wide along the public street or sidewalk;

B. Screening at least four feet in height above grade, but no more than six feet in height, and not less than 50 percent opaque; and

C. Parking lot area landscaping in accordance with MMC 15.690.

2. Parking Area Interior Landscaping. The corners of parking lots, islands, and all other areas not used for parking or vehicular circulation shall be landscaped. Vegetation can include turf grass, native grasses or other perennial flowering plants, vines, shrubs or trees. Such spaces may include architectural features such as benches, kiosks or bicycle parking.

3. In large parking lots containing more than 7,500 square feet of parking and/or loading surface area, an additional landscaped area shall be provided to meet the requirements under MMC 15.690. The remainder of the landscaped area shall be covered with turf grass, native grasses, or other perennial flowering plants, vines or shrubs.

(c) Installation and Maintenance of Landscaping Materials.

1. All landscape materials shall be installed in accordance with MMC 8.190; and

2. Maintenance and replacement of landscape materials shall be the responsibility of the owner. Landscape maintenance shall incorporate environmentally sound management practices, including the use of water and energy efficient irrigation systems such as drip irrigation, and pruning primarily for plant health and public safety, and the replacement of dead materials annually.

(d) Materials. All plant materials must meet the minimum standards established under MMC 8.190. Landscape species shall be indigenous or proven adaptable to the climate, but shall not be invasive species.

1. Plant materials shall comply with the requirements contained in MMC 8.190 and 15.690;

2. Landscape materials shall be tolerant of specific site conditions, including but not limited to heat, drought and salt;

3. Existing healthy plant material may be utilized to satisfy landscaping requirements, provided it meets the minimum plant size specified in MMC 8.190 and 15.690; and

4. Landscape materials that are used for screening shall be of a size that allows growth to the desired height and opacity within two years.

[Ord. 07-012 § 9, 2007; Ord. 06-487 § 12, 2006. Prior code § 15.73]