155.3501. TRANSIT ORIENTED (TO)
 
A.  Purpose
Typical Building Type
The Transit-Oriented (TO) district is established and intended to:
1.   Encourage transit use as an alternative to auto dependency by accommodating moderate- to high-intensity, compact, mixed-use, and pedestrian-oriented development within convenient walking distance of existing and planned rail stations, major transit corridors, major transit hubs, regional and neighborhood transit hubs, and high-priority corridors for bus rapid transit or high- performance transit.
2.   Bring together people, jobs, services, and public spaces and amenities in a way that allows people to safely and conveniently walk, bike, and/or take transit to meet their day-to-day housing, employment, shopping, service, and recreational needs.
3.   Improve walkability within the district, as well as to adjacent areas, by providing a critical mass of housing and non-residential within walking distance of the commercial core and transit routes and facilities.
4.   Enable the appropriate natural surveillance of the public realm to ensure safety and activity along district streets and create the sense of a vibrant and active urban center.
5.   Ensure a compatible transition between the district's commercial/mixed-use areas and lower-intensity residential neighborhoods and between the district and adjacent residential neighborhoods, where applicable.
B.  Use Standards
Typical Lot Pattern
See Appendix A : Consolidated Use Table, and use-specific standards in Article 4: Use Standards.  The permitted uses in the TO Base Zoning District are further regulated by the applicable overlay district.
The following use standards shall apply to development in TO districts in addition to any applicable standards in Article 4: Use Standards1,2:
1.   Mixed-Use Development: The vertical mixing of residential uses with nonresidential uses within a single project or building, with residential development on upper floors, is encouraged. The horizontal mixing of stand-alone residential developments and adjacent stand-alone nonresidential or mixed-use developments in the district is allowed, provided the developments are well integrated in terms of complementary uses, access and circulation, and compatible design.
2.   The incorporation of high-activity nonresidential uses such as retail shops and restaurants at street level is encouraged, especially along those building facades abutting or most visible from the transit corridor, other major arterial or primary streets, major pedestrian walkways, or public spaces.
3.   Additional or stand-alone auto-oriented uses are prohibited.
C.  Intensity and Dimensional Standards 1
Intensity and Dimensional Standards are established in the TO district but may be modified  in the Overlay district developed in conjunction with the TO Rezoning.  The Intensity and Dimensional Standards may include but not be limited to: Residential Density, Non-Residential Intensity, FAR, Floor Area Per Dwelling Unit, Lot Area, Lot Width, Lot Coverage, Pervious Area, Individual Building Size, Building Height, Setbacks, and Accessory Structures standards.
NOTES:
1.   See Overlay District Applicability Section for any exceptions.
2.   Specific permitted uses detailed in the Overlay District.
 
   D.   Application of Transit-Oriented (TO) Base Zoning District
The following standards, D through G, apply when creating a new TO District. Regulations for established TO Districts begin in Section 155.3501.H TO District Street Standards.
A TO zoning district may only be applied to land designated as a Transit-Oriented Corridor (TOC), or equivalent, in the City’s Land Use Plan within one-quarter mile (1,320 feet) of the right-of-way of an existing or planned high-priority corridor for bus rapid transit or high performance transit, or one-half mile (2,640 feet) of a rail station, major transit hub, or regional or neighborhood transit center, as designated in Broward County's Comprehensive Plan, Transit Master Plan, or Transit Development Plan, the Broward County Metropolitan Planning Organization's Long Range Transportation Plan, or a city-adopted transportation or transit plan. The district may extend to up to one-half mile (2,640 feet) around major intersections and activity nodes along a designated transit corridor, or to locations served by an existing or funded community shuttle service.
In conjunction with the establishment of a TO Base Zoning District, an Overlay District shall be established which, at a minimum, creates the lot and dimensional standards relevant to the characteristics of the newly established TO zoning district.  The TO Base Zoning District contains general standards that apply to all TO districts. Overlay districts are established to provide additional standards that are tailored to the unique characteristics of each geographical area.
In order to provide a comprehensive approach for future development in TO Districts that addresses development pressures related to population growth and stimulated economic conditions, while enhancing the quality of life for residents, new Planned Development Zoning Districts (PDs) shall not be permitted after the date of the adoption of this ordinance. Incentives such as, but not limited to, increased entitlements, building heights, or density are provided in a TO District in order to encourage redevelopment in a desired development pattern and accomplish the stated goals and objectives of the City's Comprehensive Plan, Strategic Plan and the Community Redevelopment Area Plan, where applicable.
   E.   Process for Establishment of a Transit-Oriented Base Zoning District
      1.   A neighborhood master plan shall be required for the enacting of a TO district and shall be initiated only by the city.
      2.   The City Commission shall approve the neighborhood master plan through the public hearing process. After approval of the neighborhood master plan by the City Commission, a comprehensive plan map and text amendment shall be required to establish the TOC (or equivalent mixed-use land use designation). Each TOC shall establish its own policies and a basket of rights.
      3.   The entire area shall be rezoned to TO Base Zoning District.
      4.   Specific Overlay District zoning regulations shall be established for the TO and be approved by the City Commission, through the public hearing process, and shall reflect the goals set forth in the corresponding neighborhood master plan, the City's Comprehensive Plan, Strategic Plan and the Community Redevelopment Area Plan, where applicable.
   F.   Transit-Oriented Overlay District Required Elements
In order to fulfill the purpose of a TO District, encourage redevelopment, establish neighborhood compatibility and the protection of single family neighborhoods, the following elements shall be required within each TO Overlay District:
      1.   District boundaries: to define an area that can provide a critical mass of people and development to support transit ridership and to promote a sense of place;
      2.   Use standards: to address existing permitted uses that may not be appropriate in a transit-oriented district and to encourage uses that are compatible;
      3.   Streetscape standards and street network connectivity: to enhance the public realm and promote walking, biking, and accessibility;
      4.   Publicly accessible open space: to enhance existing public open spaces, promote new public open spaces and access to the waterfront, where applicable, and establish a connected public realm;
      5.   Building height standards: to ensure compatibility of height and transition of development intensities between mixed-use areas and adjacent low intensity residential neighborhoods;
      6.   Density standards: to encourage a critical mass of residents to support businesses and transit ridership;
      7.   Design standards: to promote high quality urban design and architecture that establishes a sense of place. Building placement and lot standards may be modified for the Overlay District to address any unique characteristics of each geographical area; and
      8.   Regulating plans and diagrams: to demonstrate development standards in both words and images, which include maps designating the locations where the various standards apply.
   G.   Regulating Plans and Diagrams
TO Districts are governed by a series or combination of regulating plans and diagrams. The regulating plans and diagrams demonstrate development standards in both words and images, and include maps designating the locations where the various standards apply. Unless otherwise noted, all development shall be in compliance with the regulating plans and diagrams specified for each TO district. The regulating plans and diagrams for the TO districts include the following, where applicable:
      1.   The Sub-Areas Regulating Plan, which divides the TO district into three sub-areas: core, center and edge.  The highest density and intensity within the TO district shall be allocated to the core sub-area, a mixed-use area within the 1/4-mile (1,320 feet) radius of a transit station(s), major transit stop(s) or major transit corridor. The densities and intensities shall then gradually decrease from the core to the center sub-area where mixed-uses are still permitted and then further decrease to the edge sub-area which is characterized by single uses, including low density residential adjacent to existing low density residential, where applicable.
      2.   The Use-Area Regulating Plan, which delineates the areas where specified land uses and development of various types shall be permitted.
      3.   The Street Network Connectivity Regulating Plan, which shows the location of existing and the required new streets needed to create the prescribed network of streets within the TO district. This Plan also establishes the hierarchy of the streets.
      4.   The Designated Publicly Accessible Open Space and Greenway System Regulating Plan, which designates the approximate location of the required publicly accessible open spaces and greenway system in the TO district, shall be shown in all development plans.
      5.   The Building Heights Regulating Plan, which establishes the maximum building height permitted in each sub-area of the TO district.
      6.   The Density Regulating Plan, which establishes the minimum and maximum allowable residential density permitted.
   H.   TO District Street Standards
      The following street standards shall apply to development in the TO districts:
      1.   The periphery of any site fronting on a public right-of-way shall be improved by the provision of sidewalks, streetlights, street furniture, street trees and other elements, covering the entire area from face of curb to face of building.
      2.   Where the distance between the front property line and the edge of pavement or curb line is not deep enough to accommodate the required sidewalk and/or landscape strip, all developments shall be required to provide a dedicated widening of the right-of-way or dedicated public easement running parallel and adjacent to the public street, as well as the improvement specified within that dedicated space, to accommodate the sidewalk and/or landscape feature as specified within the specific street design standards established for each TO district. The development and ongoing maintenance of the required streetscape improvements along the entire property shall be the responsibility of the developer/property owner.
      3.   The Street Network Connectivity Regulating Plan established for each TO district shows the approximate location of existing and required new streets needed to create the prescribed network of streets within each TO district. This Plan also establishes the hierarchy of the streets.
      4.   The Street Development Regulating Diagrams provide a schematic representation of the desired streetscape improvements for specific streets in each TO District. These diagrams establish minimum standards for the width of sidewalks, landscape strips etc.
      5.   Street Development Applicability
   The Specific Street Design Standards are applicable to city initiated streetscape improvements and privately initiated streetscape improvements as specified in each TO District. Full block developments, and developments that provide improvements along an entire street frontage shall be required to provide streetscape improvements for the entire street frontage(s) abutting the development. Partial or mid-block development shall only be required to provide streetscape improvements for the entire street frontage abutting the development to the extent feasible, in coordination with the City Engineer, however, the dedicated widening of the right-of-way or dedicated public easement shall be provided, where applicable.
      6.   In addition, the following shall apply:
         a.   All streets shall be located according to the Street Network Connectivity Regulating Plan of the TO District.
            i.   All primary and secondary streets shall be required in the same general location as shown on the Street Network Connectivity Regulating Plan and may be modified with respect to alignment, provided that the final alignment is in keeping with sound urban design principles. The full width of all primary and secondary streets shall be open to the sky for a minimum of 95% of the entire length of the street within the TO District.  Structures, such as but not limited to, pedestrian bridges and canopies shall be permitted to span over a portion of the street subject to revocable license agreements pursuant to Code Section 100.35. No primary and secondary streets shall be deleted or otherwise vacated or removed.
            ii.   Tertiary streets and alleys/service roads shown on the Street Network Connectivity Regulating Plan are encouraged to promote connectivity and to conform to block length requirements. Unless otherwise specified in the TO district, tertiary streets and alleys/service roads may be modified or deleted for the purpose of assembling parcels for development.
         b.   The modification or deletion of tertiary streets and alley/service roads as shown on the Street Network Connectivity Regulating Plan requires the following conditions are met:
            i.   The Director of Development Services shall approve the modification or deletion of tertiary streets and alleys/service roads provided the following conditions are satisfied:
            ii.   The modification/deletion is reviewed and recommended by the City's Urban Design Professional who shall review the proposed modification for compliance with sound urban design principles.
               a)   The modification/deletion maintains connectivity to the surrounding area;
               b)   The modification/deletion enhances pedestrian safety;
               c)   The modification/deletion is compatible with the surrounding area;
               d)   The modification/deletion allows for the appropriate use of private property; and
               e)   The modification/deletion does not create block lengths that exceed the maximum allowed herein, thereby limiting walkability.
            iii.   The modification/deletion is reviewed and recommended by the Director of Public Works who shall review the proposed modification for traffic and safety issues.
            iv.   The modification/deletion does not diminish the general size and location of an open space shown in the Designated Public Open Space and Greenway System Plan.
            v.   The modification/deletion complies with the requirements for vacating and closing streets and alleys, as applicable, in accordance with the City of Pompano Beach Code of Ordinances.
         c.   The design of new streets and alleys and modifications of existing streets and alleys shall comply with the following requirements:
            i.   All streets and alleys shall connect to other streets or alleys. Cul-de-sacs, T-turnarounds, and dead-end streets shall be prohibited.
            ii.   All streets shall allow general public access. Privately built streets shall provide an approved plat restriction to allow general public access. No gates that impede through traffic are permitted along streets.
            iii.   The maximum distance between an alley and another intersecting alley or street shall be 300 feet, when the alley is the primary means of access for emergency vehicles.
            iv.   Where a sidewalk or other pedestrian walkway crosses a parking lot, street, or driveway the following standards shall apply:
               a)   The intersection shall be clearly marked and lighted for safety;
               b)   The sidewalk shall be continuous and remain at a constant level in all circumstances; and
               c)   A change of tactile surface texture shall be installed at all street crossings.
            v.   Street intersections shall be improved with curb extensions sufficient to provide fully accessible landings and a pedestrian rest area.
            vi.   Except as modified through the Street Development Regulating Diagrams for each TO District, all streets and alleys/service roads shall adhere to the following standards:
               a.   For streets only, a minimum landscaped strip of five feet shall be provided along the street edge between the sidewalk and the curb.
               b.   For streets only, tree grates a minimum of five feet by five feet may be utilized in place of the required landscape strip. The use of tree grates is appropriate when on-street parking is provided. When no on-street parking is provided, landscape strips are preferred.
               c.   For streets only, a minimum sidewalk width of five feet shall be provided adjacent to the landscaped area.
               d.   For streets only, a minimum unobstructed area of 60 inches shall be provided in the sidewalk.
               e.   For streets only, where a colonnade is provided, free and clear use of a continuous unobstructed area of at least ten feet shall be provided within the colonnade. Any encroachment of structures in the right-of-way requires a revocable license agreement pursuant to Code Section 100.35.
               f.   For streets only, no utility poles, fire hydrants or any other temporary or permanent structures shall be permitted within the unobstructed area.
               g.   For streets only, overhead utilities are not permitted. Existing overhead utilities shall be relocated underground, where feasible.
               h.   For streets only, where on-street parking is provided on both sides of the street, the minimum right-of-way width shall be 60 feet.
               i.   For alleys only, the minimum right-of-way width shall be 30 feet.
               j.   For service roads only, the minimum width shall be 30 feet.
               k.   Street furniture shall be provided which may include but is not limited to outdoor benches, waste containers, planters, phone booths, bus shelters, bicycle racks, tree grates, decorative stamped concrete or stamped asphalt crosswalks, banners, water fountains, newspaper dispensers and bollards whether within or outside the public right-of-way. Street furniture provided on site shall be compatible with the architecture of the surrounding buildings, the character of the area and other elements of the streetscape. All street furniture shall be subject to the approval of the city.
               l.   Curb and gutter shall be provided at all intersections and roadway edges in the core and center sub-areas.
   I.   TO District Access, Circulation, Parking and Loading Standards
The following standards shall apply to development in TO districts in addition to any applicable standards in Part 1 (Access, Circulation, Parking and Loading) of Article 5 (Development Standards):
      1.   Bicycle and Vehicular Access and Circulation
         a.   Bicycle access shall be provided in accordance with Section 155.5101.H, except that bike paths shall be at least five feet wide.
         b.   Driveway, alley and service road access from the front property line shall be limited to one point of access for every 250 feet of frontage unless the Fire Marshal determines an additional point of access is required for life safety.
      2.   Parking
         a.   The use of off-street parking alternatives (See Section 155.5102.J, Off-Street Parking Alternatives.) and parking reduction incentives (See Section 155.5102.K, Reduced Parking Requirements for Parking Demand Reduction Strategies.) is encouraged.
         b.    Surface Parking Lots
      Surface level parking lots are discouraged, whether stand-alone or part of a larger development; however, where provided, surface parking shall utilize low-impact development techniques and shall comply with the following standards:
            i.   Surface parking is prohibited along building frontages and shall be located to the side or rear of the property;
      ii.   Surface parking shall be accessed off an alley, service road, or tertiary street, where feasible. If the surface parking lot is accessed from a primary or secondary street, there shall be only one point of access to the parking lot area;
            iii.   Openings off any street shall not exceed 2 lanes in width or 30' maximum per entrance/exit.  Entrances/exits on alleys/service roads are exempt from this requirement;
            iv.   Pedestrian entrances to the parking lot shall be directly from a frontage line through an exterior or interior pedestrian passage or a combination thereof running from the rear to the front of the lot.  Parking spaces serving residential units are exempt from these requirements;
            v.   Except along an alley/service road, parking lots may either be screened by a Liner building or in compliance with the standards in Section 155.5203.D.3.a and 155.5203.D.3.b.
         c.    Parking Garages
      In addition to the parking garage design requirements in Section 155.5605, multi-level parking garage structures, whether stand-alone or part of a larger development, shall comply with the following standards:
            i.   Along a primary and secondary street, the ground floor of the garage shall be screened by a liner building containing a minimum depth of 20 feet that may be used to achieve the minimum active use requirement in the Overlay District. Above the ground floor, a liner building shall not be required.
            ii.   Exhaust air fans and associated louvers for the parking garage may be allowed on secondary or tertiary garage frontages above the first floor only.
            iii.   The garage shall be accessed from an alley/service road or tertiary street, where feasible.
         d.   Valet and Tandem Parking: Subject to Valet Agreement in accordance with Section 155.5102.J.6:
            i.   All uses, except eating establishments and hotels, may designate a maximum of 75% of the total number of required off-street parking spaces as valet parking. The valet spaces may be tandem.
            ii.   Eating establishments and hotels may designate a maximum of 100% of the total number of required off-street parking spaces as valet parking. The valet spaces may be tandem.
         e.   Shared Use Parking.
      Shared use parking, developed in compliance with the standards in Section 155.5102.J.3 is permitted, with the following modifications for non-residential uses only:
            i.   The maximum distance between the primary pedestrian entrance of the shared use parking lot or parking garage and the primary pedestrian entrance of the use served by the parking shall be 1,320 feet.
         f.    Off-Site Parking
      Off-site parking, developed in compliance with the standards in Section 155.5102.J.4. (Off-Site Parking) is permitted, with the following modifications:
            i.   Except as otherwise modified in the Overlay District, only non-residential uses may provide parking spaces off-site;
            ii.   A maximum of 100% of the required off-street parking spaces may be located off-site; and
            iii.   The off-site parking spaces may be located in a parking lot or parking garage up to 1,320 feet away from the primary pedestrian entrance to the use served by the parking.
            iv.   The off-site parking spaces shall be located within the TO District.
         g.    On-Street Parking
      On-street parking, along the corresponding frontage lines touching the adjacent sidewalk to the property, may be used to satisfy a portion of the off-street parking requirements for all uses, except single family.
         h.   Bicycle Parking
      All developments, except single family and townhouse building types, shall provide a minimum of one bicycle rack or locker sufficient to accommodate the parking of at least four bicycles.  Developments with parking areas containing more than ten parking spaces shall provide bicycle parking in compliance with the standards in Section 155.5102.L.1 (Bicycle Racks or Lockers Required).  Such racks or lockers shall be located inside the building served or within 100 feet of a primary entrance to the buildings served.
      3.   Loading
   Loading for properties within the TO District shall comply with the standards for off-street loading in Section 155.5102.M, Loading Area Standards.  In addition, properties within the TO District shall provide loading on-site.  Where it is not feasible to provide loading on-site, loading shall be permitted off an alley/service road.  Where an alley/service road is not existing, proposed, or feasible, loading shall also be permitted on-street subject to the following conditions:
         a.   An On-Street Loading Plan, subject to Minor Site Plan approval, is approved. The On-Street Loading Plan shall demonstrate the location of the loading berth(s), the hours for loading and unloading, and a list of the uses in abutting properties and their respective hours of operation; and
         b.   The on-street loading area shall not be located along building frontages; and
         c.   The on-street loading area shall be located along a tertiary street in the area designated for on-street parking in the public right-of way; and
         d.   The hours of loading and unloading, as demonstrated in the On-Street Loading Plan, do not create a conflict with the current or proposed uses on abutting properties. Should the hours of loading and unloading create a conflict with current or future uses on abutting properties, the on-street loading plan shall be revised and/or revoked accordingly.
   J.   TO District Landscaping and Tree Preservation Standards
The following standards shall apply to development in TO districts in addition to any applicable standards in Part 2 (Landscaping and Tree Preservation) of Article 5 (Development Standards):
      1.   Exceptions
         Properties within the TO district shall not be required to comply with the following standards:
         a.   Section 155.5203.B.2.h (Berms).
         b.   Buildings with commercial uses on the ground floor, and whose building line is setback no more than 10 feet from the front and street side property lines shall also be exempted from Sections 155.5203.E.2 and 155.5203.E.3 (Building Base Plantings).
      2.   Modified Landscaping Requirements
   The following standards from Part 2, of Article5, are modified for properties within the TO District:
         a.   Section 155.5203.D.3.c. - The minimum width of the perimeter landscaping strip shall be always be 5 feet, regardless of development type.
         b.   Section 155.5203.D.4.b.ii. - Each landscaped island shall be at least five feet wide.
         c.   Section 155.5203.D.4.c. - The landscape area between abutting parallel parking bays shall be at least five feet wide.
         d.   Section 155.5203.D.5.a. - The minimum width of the landscape area shall be five feet.
         e.   Section 155.5203.G.2.c - In order to encourage shade, street trees should be clustered. Street trees shall be spaced no closer than 15 feet apart and no farther than 25 feet apart. A maximum of 50% of the length of the lot frontage can be without trees. (For example, a lot with 120 feet of street frontage is required to plant four street trees, based on the one tree per 30 feet of street frontage requirement. Sixty feet of street frontage may have no trees. Within the remaining 60 feet of street frontage, the four required trees should be placed at least 15 feet and no more than 25 feet apart.)
      3.   Additional Landscaping Requirements
   In addition to the landscaping standards within Part 2, of Article 5, properties within the TO district shall comply with the following additional landscaping standards:
         a.   Suspended pavement systems must be specified for trees in landscape areas directly abutting paved areas. Required tree soil volume shall be provided in accordance with Figure 155.3501.J.3.a: Required Tree to Soil Volume Ratio Graph below.
 
   Figure 155.3501.J.3.a:  Required Tree to Soil Volume Ratio Graph [PDF]
         b.   Utiliz a tion o f berm s to scree n parki ng and/o r vehic ular use areas from publi c thoro ughfa res and adjac ent reside ntial uses shall be prohi bited.
         c.   Landscaping elements shall align with adjacent building elements.
         d.   Native trees shall be preserved where feasible. Building setback should be adjusted to preserve tree canopy. A native tree as a focal point in a courtyard or expanded sidewalk area is encouraged.
         e.   Shrubs and ground cover shall only be placed between the effective width of the sidewalk and the curb. Exception shall be made only for residential uses on the ground floor. This exception shall not apply at entrances to residential uses located on the second floor or above.
         f.   Street Trees
            i.   The required number of street trees is calculated based on one per 30 feet of street frontage.
            ii.   Street trees shall not be required when colonnades are being provided along the street and the colonnade is placed at a maximum of 5 feet from the back of curb.
            iii.   When a landscape strip is not provided, street trees shall be placed in tree pits covered with ADA compliant grates.  Tree grates shall be sized appropriately for each tree species at maturity.
            iv.   Adequate clearance to the building facade for uniform development of the street tree canopy shall be demonstrated for the type and species selected.
   K.   TO District Open Space and Greenway System Standards
Open space may be one of three types: designated publicly accessible, semi-public or private. All developments are required to provide a minimum private open space as determined by the building type. The Designated Publicly Accessible Open Spaces and Greenway Systems Regulating Plan for each TO district shows the approximate location of existing public and required new designated publicly accessible open spaces and a greenway system throughout the TO District, where the intent is to establish a network of open spaces.
      1.   Designated Publicly Accessible Open Spaces
   Designated publicly accessible open spaces are open spaces on private property that are required in the Designated Publicly Accessible Open Spaces and Greenway Systems Regulating Plan and/or for a density bonus provision where applicable, and shall provide public access in order to enhance the connectivity of the public realm. New designated publicly accessible open spaces are small in scale, largely devoted to natural landscaping and outdoor recreation, and tend to have few structures. Golf courses, golf driving ranges, cemeteries and mausoleums shall not be included in this category. Accessory structures may include clubhouses, statuary, fountains, maintenance facilities and concessions. Open space types include greens, squares, and plazas. Designated publicly accessible open spaces shall be subject to the following requirements:
         a.   The minimum size of a new designated publicly accessible open space shall be 4,800 SF unless otherwise specified in the overlay district.
         b.   The general location shall conform with the Designated Publicly Accessible Open Space and Greenways System Regulating Plan.
         c.   New designated publicly accessible open spaces shall be provided at grade level.
         d.   Provided that all other parameters on the Regulating Plans are met and that an individual/developer owns the entire designated publicly accessible open space area and an adjacent area, the final location of the publicly accessible open space may be proposed onto such adjacent area.
         e.   New designated publicly accessible open spaces shall provide shaded areas, and their ground surface shall be a combination of paving materials, sod, or ground cover.
         f.   No replatting or other land subdivision shall divide property in such a way that the required designated publicly accessible open space is avoided or its location changed.
         g.   Off-street parking shall not be required for new designated publicly accessible open spaces.
         h.   The development and ongoing maintenance of a new designated publicly accessible open space area shall be the responsibility of the developer/property owner.
         i.   Properties that provide new designated publicly accessible open space shall be permitted relief from the maximum building setback requirements along the portion of the building fronting the open space specifically for the purpose of accommodating the open space.
         j.   Fences, walls and hedges are permitted around the perimeter of a designated publicly accessible open space in accordance with Table 155.3501.L.2.b.
         k.   Shall not count toward the minimum private open space requirement.
      2.   Semi-Public Open Spaces
   Semi-public open spaces are open spaces on private property, located along a street frontage, that are not required to provide public access, however, shall have visibility from the street. Open space types include greens, squares, and plazas.
         a.   Semi-public open space may count towards the minimum private open space requirement.
         b.   Semi-public open space shall only be permitted where residential dwelling units are on the ground floor.
         c.   Semi-public open space shall abut a public sidewalk and be visible from the street.
         d.   Off-street parking shall not be required for semi-public open spaces.
         e.   The development and ongoing maintenance of a new semi-public open space area shall be the responsibility of the developer/property owner.
         f.   Properties that provide semi-public open space shall be permitted relief from the maximum building setback requirements along the portion of the building fronting the open space specifically for the purpose of accommodating the open space.
         g.   Fences, walls and hedges are permitted around the perimeter of a semi-public open space in accordance with Table 155.3501.L.2.b.
      3.   Private Open Spaces
   Private open spaces are open spaces on private property that are required for private use only.
         a.   Private open spaces may be provided on the ground level or in roof terraces or upper level decks.
         b.   The minimum area required for private open space shall be as specified for each building type or as modified in each TO overlay district.
         c.   Private open spaces shall be provided in the form of colonnades, courtyards, terraces, and sodded lawns.  Corridors, walkways, pedestrian passages, lobbies, balconies, parking courts, lakes, golf courses, and parking lot buffers shall not count towards the open space requirement.
         d.   Private open spaces shall provide shaded areas, and their surface shall be a combination of paving materials, sodded lawn, or ground cover.
      4.   Open Space Type Configuration and Design
   New designated publicly accessible open spaces and new semi-public open spaces shall be developed in the form of greens, plazas or squares.
         a.   Greens
            i.   Greens shall have more than 50% of their property lines abutting or across the street from residential uses areas.
            ii.    Exclusive of dedicated rights-of-way, the maximum impervious area is 20%. The pervious surface areas shall consist primarily of drought tolerant ground covering, trees, and garden structures, such as benches and tables without concrete pads for support, and permeable hard-surfaced walkways.  Any impervious surfaces shall consist of hard-surfaced areas such as concrete walkways and garden structures with concrete pads for support.
   Figure 155.3501.K.4.a: Green
         b.   Plazas
            i.   Plazas shall have a minimum of 50% of their property lines abutting or across the street from mixed-use and nonresidential uses areas.
            ii.   Exclusive of dedicated rights-of-way, the minimum hard surfaced area is 50% and the maximum impervious surface area is 75%. The pervious surface areas shall consist primarily of drought tolerant ground covering, trees that are regularly spaced, and garden structures such as benches, tables, and fountains.  The impervious surfaces shall consist of paved areas, permanent architecture such as archways, statues and gazebos or water-oriented features.
   Figure 155.3501.K.4.b: Plaza
         c.    Squares
            i.    Squares shall be flanked by streets at a minimum on three sides.
            ii.    Exclusive of dedicated rights-of-way, the maximum hard surfaced area is 50%. The pervious surface areas shall consist primarily of drought tolerant ground covering and trees that are regularly spaced, and permeable hard-surfaced walkways. Any impervious surfaces shall consist of hard-surfaced walks.
   Figure 155.3501.K.4.c: Square
      5.   Designate Publicly Accessible Greenway System
   The designated publicly accessible greenway system is meant to provide a visual and physical connection between the designated open spaces, as illustrated in the Designated Publicly Accessible Open Space and Greenway Systems Regulating Plan for each TO district. The greenways system is established through the enhancement of specific streets and/or the use of pedestrian passages. The property owner shall dedicate the land for the publicly accessible greenway or provide an easement, at the city's discretion, for public access along the entire length of the greenway abutting the property. Additionally, the development and ongoing maintenance of the required designated publicly accessible greenways shall be the responsibility of the developer/property owner along the greenway. The design and dimensional requirements for the required greenways are specified in each overlay district.
   The designated public greenway system shall ensure pedestrian connectivity along specific streets and pedestrian passages by:
         a.   Providing a tree species that provides substantial shade along the street. Palm trees shall not count toward the required number of street trees.
            i.   Unless a specific tree species is required per the Designated Publicly Accessible Open Space and Greenway Systems Regulating Plan for a particular TO District, a minimum of 50% of the required street trees shall be shade trees, and the remaining street trees may be provided as medium or large flowering trees. Palm trees may be used over and above the minimum number of required street trees. Street trees shall be provided at a ratio of one street tree per 25 feet of street frontage, or a greater ratio thereof, not subtracting ingress and egress dimensions. Where overhead utilities exist, required street trees may be small trees provided at a ratio of one street tree per 20 feet of street frontage.
            ii.   Streets with specific tree species requirements in a designated TO will be shown on the Designated Publicly Accessible Open Space and Greenway Systems Regulating Plan.
         b.   Providing adequate street furnishings such as benches, bus shelters, drinking water fountains etc.
         c.   Providing a landscape plan illustrating a significant tree species along the greenway that is distinguishably different from the other streets in terms of color, type and shape.
         d.   At the time of planting, the shade tree shall be a minimum of 24 feet in height with 8 feet clear trunk.
         e.   Pedestrian Passages
            i.   Designs for pedestrian passages can be found in the Street Development Regulating Diagrams in the Overlay Districts.
            ii.   Pedestrian passages shall be a minimum clear width of 15 feet between buildings.
            iii.   A minimum of 50% of the pedestrian passages shall be shaded and may include a combination of landscaping and architectural elements.
            iv.   If provided, tree placement shall be in planters or tree grates a minimum of five feet by five feet, with a suspended pavement system that is equivalent to a soil volume that is appropriate for the specified tree species, at maturity as specified in Figure 155.3501.J.3.a herein.
            v.   Pedestrian scaled lighting shall be provided.
   L.   TO District Screening, Fences, and Walls Standards
The following standards shall apply to development in TO districts in addition to any applicable standards in Part 3 (Screening, Fences and Walls) of Article 5 (Development Standards):
      1.   Mechanical Equipment and Service Utilities
   In addition to the standards found within Section 155.4303.JJ (Mechanical Equipment and similar features) and Section 155.5301.A (Screening of Mechanical Equipment), the following standards shall apply:
         a.   Mechanical equipment, television antennas, satellite dishes, communication devices, air conditioning units and similar systems, and service areas shall not be visible from the public sidewalk; and shall be located to the rear of a building or on an alley/service road, or on the roof, where feasible.
         b.   All mechanical equipment shall be screened from public view.
         c.   Window air conditioning units shall not be visible from any street and shall not be located on the primary building facade.
         d.   Utility connections and service boxes shall not be visible from any street and shall be placed on secondary walls and away from corners.
         e.   Backflow preventers, double detector check valves, Siamese connections, and the like (or any other utility connections and service boxes) shall be located to the rear of the building or on an alley/service road or behind the building line on secondary frontages and away from corners.
      2.    Fences, Walls, and Hedges
         a.   Fences, walls, and hedges for non-residential, mixed-use and residential buildings: may install fences, and hedges in accordance with the standards in Table 155.3501.L.2.a.
            i.   Notwithstanding the location of the building line, new fences, walls, and hedges shall align with existing adjacent fences, walls, and hedges, where feasible.