In order to comply with the objectives of creating a harmonious TCD while considering the concerns of the surrounding property the allowance of sufficient buffering along the District is required according to the following:
   (a)   (1)   Any nonresidential development proposed in TCD-4 and TCD-5 Subdistricts shall be set back from the boundary of a single-family residential zoning district as follows:
         (A)   250 feet in a TCD-4 Subdistrict.
         (B)   500 feet in a TCD-5 Subdistrict.
      (2)   These setbacks apply to buildings, parking, driveways and other uses associated with the nonresidential development.
      (3)   These standards may be reduced as part of the Preliminary Development Plan Review, according to the procedures in Section 1281.19, when it is determined that the objectives of this chapter are satisfied and that any reduction of these distances will have no adverse impact on the quality of development in the District or adversely impact any surrounding residential areas.
   (b)   The setbacks between the nonresidential uses, nursing homes and assisted living facilities in the TCD-1, TCD-2 and TCD-3 Subdistricts and the adjacent single-family zoning districts are specified in Schedule 1281.07.
   (c)   The type of residential development and the residential density shall be as established in the approved preliminary and final development plan, provided that the gross density shall not be less than 4.0 dwellings per acre or be greater than 9.9 dwellings per acre. The maximum density shall be determined by including the open space and private streets that are part of the residential development area. These density limitations do not apply to nursing homes and assisted living facilities, or in a mixed use development, that portion of the development that is devoted to a nursing home or assisted living facility.
   (d)   Within a TCD-4 Subdistrict the land area allocated to nonresidential uses and buildings as listed in Section 1281.03 shall not be less than 50% of the land area within the development. The land area of any off-street parking or parking garages/structures shall be considered as part of the land area of the use for which the parking is being provided. The Planning Commission may modify the allocation based on the development plan.
   (e)   The land area of civic buildings or other public structures within the TCD shall not be considered in determining compliance with any land area allocation or density requirements of this chapter.
   (f)   The floor area of the first floor of any single retail store located in the TCD may not exceed 65,000 square feet unless the Planning Commission and Council determine that a larger floor area for a specific single retail store is located, designed and arranged in a manner that is fully consistent with the purposes, intent and design criteria in this chapter.
   (g)   The maximum number of rooms in a hotel, nursing home or assisted living facility shall be determined based on the minimum setback requirements and height requirements for the district in which the facility is located.
(Ord. 04-169.  Passed 10-13-04; Ord. 06-73. Passed 7-18-06; Ord. 16-113.  Passed 9-6-16.)