ACTIVE DESIGN: OPPORTUNITIES IN ZONING Page 1 of 55 CONTENTS Chapter 1: Introduction Chapter 2: Urban Design Guidelines Section I: Introduction Section II: Urban Design Guidelines Audit Chapter 3: Building Design Guidelines Section I: Introduction Section II: Building Design Guidelines Audit References Acknowledgements Page 2 of 55 Chapter I Introduction If you are reading this primer, you have most likely read the Active Design Guidelines (ADG) published in 2010, and you care about the way that your neighborhood fabric can affect the health of the people living in your city. We hope to build upon that document and take it one step further. A guideline can guide change, but a policy can permit, or even induce change. The intent of this primer is to identify opportunities where guidelines can be translated into policy. It builds on the Urban Design and Building Design strategies identified in the Active Design Guidelines, and illustrates how those can be easily translated into zoning codes. The work has been completed by the NYC Department of City Planning, utilizing the collective expertise of the Zoning and Urban Design divisions. The list of strategies in the ADG document is appropriately broad, covering many aspects of the manner in which people engage with their built environment. We acknowledge that while city planning through zoning is wellpositioned to regulate the strategies of built form, there are multiple agencies, governing parks, buildings, and transportation whose guidelines and policies also determine what is built. In this document, in addition to zoning language, we have identified those strategies that are outside the purview of a zoning ordinance and listed the lead agencies that could regulate them. By drawing on zoning codes from multiple cities around the country, we have created a toolkit of model policy language that facilitates implementation of ADG for local municipalities to mimic, adapt and apply to their zoning ordinances. When we do not have examples of those strategies, we have created some model language that could be used as a starting point. In this primer we have drawn examples of regulations from the zoning ordinances of eleven urban areas which were selected to represent cities of different sizes measured by geographic acreage, or urban scale or population density. 1. 2. 3. 4. 5. 6. Boston Chicago Indianapolis Los Angeles Louisville Minneapolis 7. 8. 9. 10. 11. Nashville New York Philadelphia Portland Seattle This toolkit is divided into two sections: (1) Urban Design and (2) Building Design. The Active Design Guidelines identified thirteen goals for Urban Design and ten goals for Building Design. Each goal is a subsection in this primer, which lists the exact strategy statements from the Active Design Guidelines. Each subsection includes a discussion of the common barriers and opportunities in a zoning ordinance towards achieving the specific goal. The subsections have examples of the relevant zoning ordinances from the eleven case studies that illustrate how a specific strategy can be incorporated as a regulation. The intent statement before each example ordinance summarizes the ordinance for quick reference. The ordinances are organized according to one of the following three categories: (1) Allow/Permit: What is allowed and permitted in a zoning ordinance forms the fundamental building block in shaping the urban fabric. Regulations may lay down a Page 3 of 55 template of uses or envelopes for built form. Some examples include allowing retail uses on the ground floor, recesses on street walls, and unenclosed stairways. The permits often go hand in hand with a mandate or an incentive. For example, if a retail store provides an awning that is not mandated, it must comply with minimum requirements such as projections on street and signage, which are mandated. Regulations that offer greater flexibility often contain best practices that can be emulated in a development proposal. (2) Incentivize: Incentives can be used to encourage certain practices when they are not currently required. One can think of this as a sort of trade-off; what you are willing to give in order to achieve larger, loftier goals. For example, some cities incentivize fresh food supermarkets in neighborhoods of need1; while others give density bonuses for public plazas2, amusement or arts uses in certain districts; affordable housing or sustainable buildings.3 They often come with inherent requirements or conditions that must be followed, ensuring for example that if a public plaza is provided that it is of a certain design standard, that a supermarket has a certain amount of fresh produce, or that a certain level of sustainability is reached. (3) Mandates: Mandates are requirements. A proposed development must comply or else it cannot be built. Some examples include minimum planting standards, levels of transparency, locating a building at the lot-line or at the sidewalk, providing minimum recreational areas within a building and bike parking. Most cities mandate minimum design and spatial standards to create usable functional spaces within the built environment. Although in this toolkit we have identified existing zoning ordinances from the eleven urban areas referenced earlier, there are some goals and strategies where no current ordinances exist or have not yet been formally adopted as a regulatory tool. For those goals and strategies, we have recommended model regulations that embody the salient principles of the goal. These model regulations are also organized under one of the three headings -Allow/Permit, Incentivize, or Mandates-as described above. However, these recommendations must be tailored to meet the specific need of your city. Sometimes zoning ordinances have regulations adopted in the past which may be outdated. Modifying these regulations in order to allow current best practices can sometimes have the most visible and effective impact on the urban planning and built form. An important example is allowing a mix of land uses to occur in a neighborhood, so that local stores can be developed within walking distance of where people live. Because historically zoning codes often segregated land uses into rigid categories (residential, commercial, industrial, etc.), achieving this mix requires either allowing the uses to be overlaid, or removing the impediment in the current zoning code. Other examples of impediments include requiring minimum car parking spaces near public transit and restricting buildings to lower heights near public transit where higher density developments might be appropriate. Identifying impediments in the laws and regulations is a laborious process, but it is a process entirely necessary in order to maintain the usefulness of zoning as a tool for achieving the goals of your community. FRESH in NYC Privately Ownded Public Plazas (POPs) in NYC 3 Nashville incentives LEED developments 1 2 Page 4 of 55 Chapter 2 Urban Design Guidelines Section I Introduction Urban design guidelines work at many scales. This is a sample of the tools currently used to translate those guidelines into zoning language, and to improve the quality of the public realm. These rules can influence the layout of infrastructure in a city, the uses of a building, even the transparency of its façade. Ideally, urban design tools can coordinate changes at many scales in order to bring vitality to the experience of the city at the most important scale of all: you, the pedestrian. The Urban Design chapter looks at tools of zoning that pertain to the Active Design Guidelines sections on land use mix; transit and parking; parks, open spaces and recreational facilities; children’s play areas; public plazas; grocery stores and fresh produce; street connectivity; designing pedestrian pathways; and programming streetscapes. Each section examines opportunities to support active design as well as common impediments that might be expected, and then we review excerpts from various cities’ zoning codes that allow/permit, incentivize or mandate relevant regulations. In some cases we add model regulations. We acknowledge that while a majority of urban design strategies can be legislated by a zoning ordinance, strategies listed in the sections on traffic calming; bicycle networks and connectivity; bikeways; and bicycle infrastructure cannot be effectively regulated by a zoning ordinance. Other city agencies such as a transportation agency play a more significant role in planning and implementing these goals. Page 5 of 55 Section II Urban Design Guidelines Audit 2.1: LAND USE MIX Common Barriers Zoning ordinances or general plans of cities sometimes do not permit land uses from different use categories to locate in the same neighborhood or within the same building. For example, allowing retail or community facility uses in residential neighborhoods or within a residential building may be prohibited. These regulations restrict providing amenities such as grocery stores or parks within a convenient walking distance to residences. Opportunities Zoning overlays that allow commercial and community facility uses in residential districts is a good strategy to promote a land use mix. While it may be necessary to maintain a neighborhood’s character and integrity, for instance, as a historic residential district or a central business district, a well devised land use mix in other neighborhoods can create synergies that result in more vibrant and active areas. Other opportunities exist around major public transit corridors, which could be designated as mixed-use districts to take advantage of existing transportation infrastructure and allow greater intensity of use. In considering redensification opportunities, neighborhoods that are in proximity to civic amenities such as parks and waterfront, or areas where thriving commercial districts occur should be prioritized. For example, residential use can be permitted in downtowns and commercial areas. Floor area bonus and parking waivers to locate supermarkets in underserved neighborhoods could spur development and reduce the burden on private developers. Strategy 2.1.a: When planning urban-scale developments, provide for a mix of uses—for example, residences, offices, schools, retail stores, cultural and community spaces, and recreational facilities. Strategy 2.1.b: Locate places of residence and work near destinations such as parks, walking paths, trails, and waterfront recreation areas. Strategy 2.1.c: Develop supermarkets and full-service grocery stores near places of work and residence. EXAMPLES OF ZONING ORDINANCES Allow/Permit Intent: Create new special district to promote smart growth strategies Boston ZR Section 87-1. “...The purposes of an SGOD [ Smart Growth Overlay Districts] are to (a) promote the public health, safety, and welfare by encouraging diversity of housing opportunities; (b) increase the availability of affordable housing by creating a range of housing choices for households of all incomes, ages, and sizes, and in order to meet existing and anticipated housing needs; (c) promote compact design; (d) emphasize mixing land uses and Page 6 of 55 preserve open space; (e) foster distinctive and attractive neighborhoods; (f) strengthen existing neighborhoods and provide a variety of transportation choices; ...” Intent: Preserve residential character of neighborhood while allowing compatible nonresidential uses. Chicago Zoning Ordinance, Chapter 17-2. “17-2-0101 Generally. The “R”, residential districts are intended to create, maintain and promote a variety of housing opportunities for individual households and to maintain the desired physical character of the city’s existing neighborhoods. While the districts primarily accommodate residential use types, nonresidential uses that are compatible with residential neighborhoods are also allowed. ” Intent: Allow flexibility to locate residential uses on the ground floor in mixed-use districts. Chicago Zoning Ordinance, Chapter 17-3. “ 17-3-0103 B2, Neighborhood Mixed-Use District. 17-3-0103-A The purpose of the B2, Neighborhood Mixed-Use district is the same as the B1 district, but with the added objective of providing a greater range of development options for those streets where the market demand for retail and service uses is relatively low. By allowing ground-floor residential uses by-right, the B2 district is intended to help stimulate development along under-developed streets.” Intent: Establish Mixed-Use district Los Angeles, Municipal Code, Chapter I, Article 3, Section 13-09. “A. Purpose. The purpose of the Mixed Use District is to implement the General Plan by encouraging land uses that combine Commercial Uses and dwelling units in order to reduce vehicle trips and vehicle miles traveled by locating residents, jobs, and services near each other; ...” Intent: Designate areas eligible for special waterfront regulations and incentives New York City Zoning Resolution. Article 6, Chapter 2. Section 62-911. “Establishment of Waterfront Access Plans. The City Planning Commission and City Council may adopt a Waterfront Access Plan as an amendment to this Resolution pursuant...” Incentivize Intent: Designate areas eligible for fresh produce regulations and incentives New York City Zoning Resolution. Article 6, Chapter 3- Special Regulations Applying to FRESH Food Stores. Section 63-02. "... (a) The provisions of this Chapter shall apply to all Commercial and Manufacturing Districts in the following FRESH food store designated areas...” Mandate Intent: Require non-residential uses on the ground floor New York City Zoning Resolution, Article 11, Chapter 6. “Section 116-12: Mandatory Ground Floor Use and Frontage Requirements-Uses located on the ground floor level, or within two feet of the as-built level of the adjoining sidewalk, shall be limited to the nonresidential uses permitted by the underlying district regulations...” Page 7 of 55 2.2: TRANSIT AND PARKING Common Barriers Zoning ordinances sometimes require minimum parking for developments implicitly promoting automobile dependence. Public transit stations are often not prominent on a streetscape compared to parking lots. In addition, absence of way-finding tools such as signage and amenities such as benches create unappealing pedestrian environment along access routes. Opportunities: Many opportunities exist in the built environment to increase the appeal of public transit for commuters. Improvements to access routes that serve a variety of users including persons with disabilities, children, and elderly population can increase the popularity of public transit. Sidewalk amenities such as benches, street trees and signage can be multi-purpose and serve the needs of not only the commuters but also the residents or people working in the neighborhood. Zoning ordinance can incentivize new developments along transit corridors and give incentives to locate accessibility elements like entrances and stairwells to public transit within buildings. Parking requirements can be reduced in transit-rich areas to induce development on vacant properties. Strategy 2.2.a: Locate buildings and building entrances near public transit stops and along transit corridors. Strategy 2.2.b: Place public transit stops along well-connected streets. Strategy 2.2.c: Provide signage at buildings, transit stops, and major intersections showing a map and the distance, time, route, and calories burned to the nearest or next transit stop. Strategy 2.2.d: Encourage transit use by furnishing transit stops with pedestrian conveniences. "Make sidewalks wide enough to comfortably accommodate pedestrians, including those with disabilities." Provide additional space for passengers to wait by adding bus bulbs. Create bus stop shelters that protect users from sun, wind, and rain. Furnish bus stop shelters with seating or places to lean. Strategy 2.2.e: When designing sites that include parking, consider how the provision of parking can affect the use of more active modes of travel such as walking, bicycling, and public transit. Strategy 2.2.f: Provide parking for people with disabilities. Page 8 of 55 EXAMPLES OF ZONING ORDINANCES Allow/Permit Intent: Establish transit development districts Louisville Development Code Chapter 2 Part 7. Planned Development Districts-Planned Transit Development District “D. Development Guidelines 1. PTD District Pattern. A PTD District will encompass all property in the area surrounding an advanced transit facility, within a boundary defined by the PTD Master Plan. The PTD will consist of one or two components...” Intent: Allow relocation of public transit staircases within buildings New York City Zoning Resolution. Article 11, Chapter 8, Section 118-30. "Street wall recesses are permitted below the level of the second story ceiling for subway stair entrances required under Section 118-60 (OFF STREET RELOCATION OF A SUBWAY STAIR WITHIN THE SPECIAL UNION SQUARE DISTRICT). Such recesses shall be no longer than 15 feet and no deeper than 8 feet or the width or length of the relocated subway stair, whichever is greater. Street wall recesses are also permitted below the level of the second story ceiling for building or store entrances only." Incentivize Intent: Reduce parking requirements for developments in transit rich districts Los Angeles, Municipal Code, Chapter I, Article 3, Section 13-09. “E. Development Incentives. Notwithstanding any other provisions of this chapter to the contrary, the following development incentives shall apply in Mixed Use Districts: ...3. Parking. If a proposed Mixed Use District includes lots within 1,500 feet of a Mass Transit Station or Major Bus Center, or lots within 750 feet of a Central Parking Structure, then the individual ordinance establishing the Mixed Use District shall include a parking incentive which specifies a reduction in the number of parking spaces ...” Intent: Floor area bonus for transit Minneapolis, Minnesota, Code of Ordinances. Chapter 549. Article II. – 549.220. “5) Transit facility, subject to the following standards: a. The transit facility shall be located at a transit stop location approved by the planning director in consultation with the city engineer. The maximum transit facility premium shall be increased by one (1) where the transit facility is located at an approved light rail transit stop ...” New York City Zoning Resolution. Article 7, Chapter 4. Section 74-634. “The City Planning Commission may grant, by special permit, a floor area bonus not to exceed 20 percent of the basic maximum floor area ratio permitted by the underlying district regulations,... for developments or enlargements located on zoning lots where major improvements to adjacent subway stations are provided in accordance with the provisions of this Section." Intent: Green Building Credits to enhance transit access Boston Zoning Code, Article 37, Appendix A. “...Any Proposed Project subject to the provisions of this article may obtain a maximum of four (4) of the required points from the Page 9 of 55 Boston Green Building Credits which will be included in the calculation toward achieving a LEED Certifiable project under this article. One point may be awarded for each of the following four categories: Modern Grid; Historic Preservation; Groundwater Recharge; and Modern Mobility...4. Modern Mobility b. TDM Options (1) For residential projects (meet at least three): ... (c) Provide shuttle service to public transit stations (applicable to projects located more than ¼ mile from a public bus or rail station).” Intent: Floor area bonus for screening parking structures Chicago Municipal Ordinance, Chapter 17-4. “17-4-1017 Above-Ground Parking Concealed by Occupiable Floor Space. 17-4-1017-A Eligibility and Standards. Parking structures that are separated from the street by occupiable floor space – such as residential dwelling units, office space, or retail space – are eligible for floor area bonuses, provided they meet the following minimum standards: 1. The site for which the floor area bonus is requested must be located in a dash 12 or dash 16 “D” district. 2. To be eligible for floor area bonus, concealed parking structures must meet the City’s landscaping and design guidelines for parking garages. 3. Parking structures must be separated from a public street or public open space by residential, office or retail floor space. ...” Intent: Reduce minimum parking requirements for providing public transit. Indianapolis Zoning Ordinance Chapter 732. Sec. 732-211. “... (m) Parking reduction provision. The Administrator may authorize reductions, beyond those available in section 732211(c), up to ten (10) percent of the maximum number of parking spaces required for (a) use(s) which require four hundred (400) or more parking spaces, if access is provided to public transportation.” Mandate Intent: Require minimum transparency on ground floor street frontage New York City Zoning Resolution. Article 9, Chapter 7. Section 97-23. "...glazed area shall occupy at least 70 percent of the area of each such ground floor street wall, measured to a height of 12 feet above the level of the adjoining sidewalk or public access area." Intent: Orient building entries along main streets Philadelphia Zoning Code, Chapter 14-500. Section 14-513. TOD, Transit-Oriented Development Overlay District “... (5) TOD Form and Design Standards (a) Site and Building Design. The following standards apply to buildings abutting a TOD Primary Street in any /TOD district: (.1) The main building entry must face and be located along the TOD Primary Street...” Intent: Increase sidewalk widths along major transit corridors New York City Zoning Resolution. Article 3. Chapter 7. Section 37-38. "...In the district indicated, and in C1 or C2 Districts mapped within an R9D District, for developments or enlargements on zoning lots fronting upon wide streets, or fronting upon narrow streets that include an elevated rail line, sidewalks, with a minimum depth of 20 feet measured perpendicular to the curb of the street, shall be provided along such entire street frontages of the zoning lot...” Page 10 of 55 Intent: Provide enclosed bicycle parking spaces New York City Zoning Resolution. Article 2, Chapter 5. Section 25-811. "...enclosed accessory bicycle parking spaces shall be provided for at least that amount specified for the applicable use set forth in the table in this Section..." Intent: Require minimum planting standards in parking lots Indianapolis Zoning Ordinance Chapter 732. Sec. 732-214 Special Regulations. “(g) Landscaping, screening, and grounds maintenance: ... (3) Additional landscaping requirements interior of parking lots: The purpose of interior landscaping is to help reduce glare and heat buildup; to promote interior islands for pedestrian safety and traffic separation; to visually break up large expanses of pavement; and to reduce surface runoff. The interior of any parking lot shall be landscaped based on the following minimum standards: ...” Intent: Require minimum landscaping standards for parking lots Philadelphia Zoning Code, Chapter 14-700. 14-705: Landscape and Trees. “(1) On-Site Landscape and Tree Requirements (a) Applicability... (.2) Parking lots and garages. Parking lots and garages shall comply with the landscape standards of §14-803(5) (Parking Landscape and Screening).” Intent: Require parking lot design to adapt to needs of people with disabilities Chicago Municipal Ordinance Chapter 17-10. “17-10-0900 Accessible parking (for people with disabilities). 17-10-0901 Applicability. The accessible parking standards of this section apply to all new parking lots and to changes, improvements and maintenance of existing parking lots, including but not limited to sealcoating, resurfacing, remarking, fencing, curbs, walks and landscaping...” Intent: Minimum design standards for transit facility Minneapolis, Minnesota, Code of Ordinances. Chapter 549. Article II. – 549.220. “5) Transit facility, subject to the following standards: ...c. The transit facility shall be similar to the principal structure in design and materials, shall be weather protected, heated and lighted, and shall contain at least two (2) entries. d. The transit facility shall be clearly visible from the street and sidewalk, and transit users shall be able to see oncoming transit vehicles from the facility. e. The transit facility shall contain a combination of leaning rails and seating for at least thirty (30) percent of projected peak demand, trash receptacles and connections for transit schedule monitors ...” Page 11 of 55 2.3: PARKS, OPEN SPACES, AND RECREATIONAL FACILITIES Common Barriers The utilization of parks and open spaces is extremely sensitive to the location, access, and maintenance of such spaces. Open spaces and recreational facilities that are provided as an afterthought and not integrated into the initial design process of a development often lack functional elements and therefore, remain underutilized. Some common oversights in designing parks include orienting open space without attention to shade and shadow patterns during the day; lack of adequate size; and lack of amenities. Opportunities A zoning ordinance could require minimum spatial standards for parks and open spaces proportional to the scale of a development or number of residents within a given area. Parks and open spaces could designate active and passive recreational spaces to serve multiple users. Active and passive recreational amenities such as children’s play equipment, walking tracks, adult outdoor gym equipment and benches create a multifunctional environment and are attractive to a diverse population group. Provision of recreational facilities must be set in the context of the neighborhood and the needs of the community. Peripheral infrastructure such as bike parking and public transit routes must be planned to increase visibility and access to these community facilities. Strategy 2.3.a: Design open spaces as part of large-scale developments, or locate buildings near open, public spaces. Strategy 2.3.b: Make bicycle and pedestrian routes to parks and public spaces safe and visible. Strategy 2.3.c: When planning a new development, aggregate open space in one large area rather than dispersing into smaller pieces. Where possible, provide residents with access to open space within a ten-minute walk. Strategy 2.3.d: In the design of parks or open spaces, provide paths, running tracks, playgrounds, sports courts, and drinking fountains. Strategy 2.3.e: Locate new projects near existing public and private recreational facilities and encourage development of new facilities, including indoor activity spaces. Strategy 2.3.f: When designing offices and commercial spaces, provide exercise facilities or walking paths nearby. Strategy 2.3.g: Design parks, open spaces, and recreational facilities to complement the cultural preferences of the local population, and to accommodate a range of age groups. Strategy 2.3.h: Create partnerships with organizations to sponsor and maintain green spaces and gardens. Page 12 of 55 EXAMPLES OF ZONING ORDINANCES Allow/Permit Intent: Create Parks and Open Space districts Chicago Municipal Ordinance, Chapter 17-6. “17-6-0200 POS, Parks and Open Space District. 17-6-0201 Purpose and Applicability. The “POS”, Parks and Open Space zoning district is intended to preserve, protect and enhance lands set aside for public open space, public parks and public beaches. Such areas and facilities provide many benefits to city residents and visitors. They provide cultural and recreation opportunities; preserve natural and scenic areas; protect sensitive natural resource areas; and offer refuge from the built, urban environment. The POS district is also intended to be applied to cemetery lands. Other than cemeteries, the POS district is intended to be applied exclusively to public-owned lands...” Intent: Establish pedestrian districts to create walking paths near commercial uses Los Angeles, Municipal Code, Chapter I, Article 3, Section 13-07. “A. Purpose. This section sets forth procedures, guidelines and standards for establishment of Pedestrian Oriented Districts within commercially zoned areas throughout the City. The purpose of the Pedestrian Oriented District is to preserve and enhance existing areas or create new areas where pedestrian activities are common, to encourage people to walk and shop in areas near their workplaces and/or residences thereby reducing multiple automobile trips, to reinforce and stimulate high quality future development compatible with pedestrian uses, to reflect the characteristics of a particular area and to encourage pedestrian use during evenings and weekends, as well as weekdays.” Intent: Create a zoning overlay district around major parks and recreational facilities to increase residential and non-residential density. Model Regulation. “An Active Use District will encompass areas within 500 feet of regional parks, open spaces, and recreational centers. New developments and enlargements in these districts may sponsor maintenance of such regional facilities in lieu of providing minimum open space on the development site.” Intent: Allow active outdoor recreational facilities Model Regulation. “Active outdoor recreational activities may be permitted in the rear yards pursuant to …” Incentivize Intent: Provide monetary credits in lieu of fees for development of active recreational uses Los Angeles, Municipal Code, Chapter I, Article 17, Section 17-12. “F. Exemptions and Credits. (Amended by Ord. No. 155,458, Eff. 6/22/81.) 1. Where private facilities for park and recreational purposes are provided in a proposed subdivision and such facilities ... a. Credits... (2) High intensity development recreational areas are defined as: (a) Swimming pools and spas (when the spas are an integral part of a pool complex), ... (b) Tennis, paddle tennis, shuffle board, and volleyball and one–half or full basketball courts which are in substantial conformity with standards of the Department of Recreation and Parks for such facilities...” Page 13 of 55 Intent: Incentivize ownership and maintenance of recreational facilities by waiving open space development fees Los Angeles, Municipal Code, Chapter I, Article 17, Section 17-12. “F. Exemptions and Credits. (Amended by Ord. No. 155,458, Eff. 6/22/81.) 1. Where private facilities for park and recreational purposes are provided in a proposed subdivision and such facilities are to be privately owned and maintained by the future residents of the subdivision, the areas occupied by such facilities shall be credited against the requirement of dedication of land for park and recreational purposes of the payment of fees in lieu thereof...” Intent: Incentivize active outdoor recreational facilities Model Regulation. “…for zoning lots in …districts, for each square foot of active outdoor recreational facilities provided pursuant to …, the total floor area permitted on that zoning lot may be increased as set forth…” Mandate Intent: Establish standards for minimum amount and dimensions of open space Chicago Municipal Code, Chapter 17-4. “17-4-0410 On-Site Open Space. 17-4-0410-A Amount and Dimensions. Except as expressly allowed under the townhouse development standards of Sec. 17-2-0500, all development containing dwelling units located in D districts must provide at least 36 square feet of useable on-site open space per dwelling unit. Required open space must have minimum dimension of at least 5 feet on any side if private or 15 feet on any side if provided as common open space.” Intent: Regulate location and use of open space Chicago Municipal Code Chapter 17-4. “17-4-0410-B Additional Standards. 1. Required open space must be located on the same lot as the dwelling units it serves. 2. Required open space must be outdoors and designed for outdoor living, recreation or landscaping, including areas located on the ground and areas on decks, balconies, porches or roofs. 3. The required open space area is not required to be contiguous, but each open space area, whether common or private, must comply with minimum dimensional standards. Common open space areas must be accessible to all residents of the subject development.” Intent: Require developments to either dedicate land for park or recreational use, or pay a development fee Los Angeles, Municipal Code, Chapter I, Article 17, Section 17-12. “A. Dedication of Land or Payment of Fee. 1. No final subdivision map shall be approved nor shall it be recorded unless in connection therewith land within the subdivision has been dedicated to the City of Los Angeles for park or recreational purposes...B. Land to be Dedicated. The area of land within a subdivision required to be dedicated for park and recreation purposes shall be established in accordance with the following, table: ...” Intent: Require minimum open space standards New York City Zoning Resolution. Article 2, Chapter 3. Section 23-14. "...for any zoning lot, the minimum required open space or open space ratio shall not be less than set forth in this Section..." Page 14 of 55 Intent: Require minimum spatial standards for open space New York City Zoning Resolution. Article 2, Chapter 3. Section 23-851. "...In all districts, as indicated, the area of an inner court shall not be less than 1,200 square feet, and the minimum dimension of such inner court shall not be less than 30 feet..." Intent: Require outdoor recreational spaces of minimum size and dimensions. New York City Zoning Resolution. Article 2, Chapter 8, Section 28-32. “…(b) The minimum dimension of any recreation space shall be 15 feet. The minimum size of any outdoor recreation space shall be 225 square feet, and the minimum size of any indoor recreation space shall be 300 square feet. (c) Outdoor recreation space shall be open to the sky except that building projections, not to exceed seven feet in depth, may cover up to ten percent of the outdoor recreation space, provided that the lowest level of the projection is at least ten feet above the level of the outdoor recreation space…” Intent: Require open space along the waterfront New York City Zoning Resolution. Article 6, Chapter 2, Section 62-53. “(a) All waterfront zoning lots meeting the criteria set forth in Section 62-52… Such shore public walkway shall have a minimum width of 30 feet for zoning lots developed with predominantly community facility or commercial uses in R3, R4, R5 and C3 Districts, and such uses in C1 and C2 Districts mapped within R1 through R5 Districts. The minimum width for a shore public walkway provided for a zoning lot developed with any use in all other districts, other than R1 and R2 Districts, shall be 40 feet.…” Page 15 of 55 2.4: CHILDREN'S PLAY AREAS Common Barriers Inadequate emphasis on provision of children’s play areas in the zoning ordinance leads to under development of such facilities. Most commonly, zoning ordinances and development objectives do not include minimum standards and design criteria for providing spaces for children. Maintenance and supervision of these play areas may act as a disincentive to include them as a mainstream regulation. Opportunities Children’s play areas require careful planning and design relative to other parks due to the sensitivity of their users. Minimum spatial and design standards modeled after school requirements can be incorporated in zoning ordinance based on size of the proposed development. Unconventional locations such as courtyards, terraces, and roofs can be programmed to serve children where space on ground is limited. Strategy 2.4.a: Design courtyards, gardens, terraces, and roofs that can serve as outdoor spaces for children’s play. "When designing playgrounds, include ground markings indicating dedicated areas for sports and multiple use." "When designing playgrounds, include ground markings indicating dedicated areas for sports and multiple use." Strategy 2.4.b: Preserve or create natural terrain in children’s outdoor play areas. Strategy 2.4.c: Provide lights on sidewalks and active play areas to extend opportunities for physical activity into the evening. Strategy 2.4.d: In the design of parks and playgrounds, create a variety of climate environments to facilitate activity in different seasons and weather conditions. Strategy 2.4.e: Provide physical activity facilities for children and youth in schools. Strategy 2.4.f: Design new school physical activity facilities to potentially allow for public use outside of school hours. EXAMPLES OF ZONING ORDINANCES Incentivize Intent: Give credits for incorporating children’s play areas in developments Los Angeles, Municipal Code, Chapter I, Article 7, Section 17-12. “ F. Exemptions and Credits. (Amended by Ord. No. 155,458, Eff. 6/22/81.) 1. Where private facilities for park and recreational purposes are provided in a proposed subdivision and such facilities ... a. Credits... (2) High intensity development recreational areas are defined as: ... (c) Child’s play areas with playground equipment where said areas and equipment are of a type and quality comparable to those in public parks of the City of Los Angeles...” Page 16 of 55 2.5: PUBLIC PLAZAS Common Barriers Public plazas are important elements in an urban landscape to promote community interaction and engagement. A lack of vision and integrated plan can be a hindrance in the development of public plazas by private developers. A community’s utilization of public plazas is hinged upon the aesthetic perception and provision of necessary amenities in plazas without which public plazas often remain as vacant spaces. Absence of design guidelines that require minimum standards and establish some uniform features across plazas can be a barrier in development of meaningful public spaces that are valuable to a community. Opportunities Public plazas are important spaces in a downtown, neighborhood, special districts, and waterfronts to establish a sense of community and social interaction. Design of the public plaza must capitalize on the urban context, scale and proportionality of the adjacent built form, and visual vistas if located along waterfront. Rezoning neighborhoods and amendments to the zoning ordinance can either mandate or guide public plazas in appropriate locations such as those heavily utilized by pedestrians. Zoning ordinance can be an important tool to incorporate location requirements, minimum standards, and incentives for development of public plazas in a city. Strategy 2.5.a: Create attractive plaza spaces that are well-maintained. Strategy 2.5.b: Locate public plazas along popular pedestrian streets. Strategy 2.5.c: Locate plazas near transit stops. Strategy 2.5.d: Make plazas accessible to bicyclists. Strategy 2.5.e: Create plazas that are level with the sidewalk. Strategy 2.5.f: Design plazas that allow for diverse functions. Strategy 2.5.g: Design plazas to accommodate use in a variety of weather conditions. Strategy 2.5.h: Seek partnerships with community groups to maintain and program plazas. EXAMPLES OF ZONING ORDINANCES Allow/Permit Intent: Define purpose and need of public plazas and public spaces New York City Zoning Resolution. Appendix E. E 27-00 “General Purposes. The purpose of this Chapter is to promote the development of an improved quality of residential plaza for the public...” Page 17 of 55 Incentivize Intent: Give floor area incentive for plazas that meet minimum design standards New York City Zoning Resolution. Article 2, Chapter 4. Section 24-14 "...In the districts indicated, for each square foot of a public plaza, subject to the provisions of Section 37-70, provided on a zoning lot, the total floor area permitted on that zoning lot under the provisions of Section 24-11 (Maximum Floor Area Ratio and Percentage of Lot Coverage) may be increased by six square feet..." Intent: Floor area bonus for plazas and pocket parks conditioned upon meeting minimum design standards Chicago Municipal Code Chapter 17-4. “ 17-4-1005 Public Plazas and Pocket Parks.17-41005-A Eligibility and Standards. Plazas and pocket parks are eligible for floor area bonuses, provided they meet the following minimum standards: 1. The site for which the floor area bonus is requested must be located in a dash 12 or dash 16 “D” district. 2. Plazas and parks must be open to the sky, except for arbors, trellises, or small structures such as kiosks...” Intent: Require parks and plazas to connect to public sidewalks. Chicago Municipal Code Chapter 17-4. “17-4-1005 Public Plazas and Pocket Parks. 17-41005-A Eligibility and Standards. Plazas and pocket parks are eligible for floor area bonuses, provided they meet the following minimum standards: ...9. All parks or plazas must be visible from and connected to a sidewalk. A minimum of 25% of the perimeter of the park or plaza must abut a street.” Intent: Give floor area bonus to facilitate enclosed public spaces such as winter gardens. Chicago Municipal Code Chapter 17-4. “17-4-1007 Winter Gardens. 17-4-1007-A Eligibility and Standards. Enclosed winter gardens offer opportunities for public gathering, rest, and warmth. They are eligible for floor area bonuses, provided they meet the following minimum standards: 1. The site for which the floor area bonus is requested must be located in a dash 12 or dash 16 “D” district. 2. Winter gardens must be located on the first floor level of the building...” Mandate Intent: Establish minimum standards for placement and enhance adjacencies to the public plaza Minneapolis, Minnesota, Code of Ordinances. Chapter 535. Article XI. – 535.810. “All plazas with at least two thousand (2,000) square feet shall be subject to the following standards: (1) Placement. a. The placement of plazas shall not detract from and shall enhance natural surveillance and visibility of adjacent spaces and public sidewalks and facilitate pedestrian access and circulation. b. Plazas shall be designed to enhance interaction with occupants of adjacent buildings and uses.” Intent: Establish minimum maintenance standards for public plazas. Minneapolis, Minnesota, Code of Ordinances. Chapter 535. Article XI. – 535.810. “...Maintenance required. All plazas shall be maintained in good order by the property owner for the life of the plaza. Proper maintenance shall include, but not be limited to, snow and ice removal, annual maintenance of vegetation and green space and annual inspection and repair and/or replacement of furnishings. Minimum landscaping and seating requirements shall be Page 18 of 55 maintained for the life of the plaza. All adjacent streets, sidewalks and pathways shall be inspected regularly for purposes of removing any litter found thereon...” Intent: Require public plazas to be accessible to bicyclists, people with disabilities Minneapolis, Minnesota, Code of Ordinances. Chapter 535. Article XI. – 535.810. “All plazas with at least two thousand (2,000) square feet shall be subject to the following standards: ... (2) Access. a. All plazas shall be designed to allow for pedestrian and bicycle access through and/or around the plaza. b. Multiple access points shall be provided for each plaza, with one (1) access point being connected to a public street, public sidewalk or public pathway. c. All plazas shall be designed in accordance with the accessibility requirements of the Americans with Disabilities Act.” Intent: Require public plaza to incorporate adjacent transit stops in design Minneapolis, Minnesota, Code of Ordinances. Chapter 535. Article XI. – 535.810. “All plazas with at least two thousand (2,000) square feet shall be subject to the following standards: ... (2) Access. ... d. Unobstructed walkways a minimum of four (4) feet in width shall connect the plaza to an entrance of any building on the same zoning lot. e. When adjacent to a transit stop, said transit stop shall be integrated into the design of the plaza. Intent: Establish minimum spatial standards for public plazas New York City Zoning Resolution. Article 3, Chapter 7. Section 37-712. “Area dimensions. A public plaza shall contain an area of not less than 2,000 square feet. In no case shall spaces between existing buildings remaining on the zoning lot qualify as public plazas. In addition, in order to preserve the provisions relating to the boundaries, proportions and obstructions of public plazas, on any one zoning lot, an open area which does not qualify for bonus floor area may not be located between two public plazas, or between a public plaza and a building wall or arcade...” Intent: Require accessible connections between plazas and public sidewalks New York City Zoning Resolution. Article 3, Chapter 7. Section 37-723 "...Circulation paths within public plazas shall provide for unobstructed pedestrian circulation throughout the minor and major portions of the public plaza and shall, at a minimum, connect all streets on which the public plaza fronts and all major elements of the public plaza..." Intent: Design public plaza for unobstructed access to public sidewalks and transit New York City Zoning Resolution. Article 3, Chapter 7. Section 37-324 "...Where an entry to a subway station exists in the sidewalk area of a street on which a public plaza fronts and such entry is not replaced within the public plaza itself, the public plaza shall be at the same elevation as the adjacent sidewalk for a distance of at least 15 feet in all directions from the entry superstructure..." Intent: Require minimum standards for amenities such as seating and landscaping in plazas New York City Zoning Resolution. Article 3, Chapter 7. Section 37-726 "...Public plazas shall be open to the sky and unobstructed except for the following features, equipment and appurtenances normally found in public parks and playgrounds: water features, including fountains, reflecting pools, and waterfalls; sculptures and other works of art; seating, including benches, seats and moveable chairs; trees, planters, planting beds, lawns and other landscape..." Page 19 of 55 2.6: GROCERY STORES AND FRESH PRODUCE Common Barriers Grocery stores are often limited by lower profit margins and high operating costs relative to other retail uses that offer a developer greater profits. A study in New York City4 found that high business costs associated with selling fresh produce and meat creates shortages in supply of grocery stores. For example, refrigeration equipment is costly to purchase and operate, and butcher or fish monger’s skill set usually command higher salaries. This dissuades grocery store operators from selling fresh produce, especially in low and moderate-income neighborhoods. In addition, unique requirements of a grocery store such as larger floor area, blank walls to place refrigeration units, access to street for frequent loading and unloading add to the burden of finding appropriate site. Zoning ordinance citing minimum parking, where required, contribute towards high development costs. Opportunities Interagency collaboration between planning and zoning departments, economic development departments, health departments, and utility companies can promote grocery stores by providing zoning incentives, tax incentives, financing, rebates on equipment and utility bills. Zoning ordinance can identify underserved areas in the city, incorporate flexible façade regulations, reduce parking requirements in areas close to mass-transit and create incentives such as floor area bonuses that promote development of grocery stores. Strategy 2.6.a: Develop full-service grocery stores within walking distance in all residential neighborhoods. Strategy 2.6.b: Introduce farmers’ markets as a complement to grocery stores. Strategy 2.6.c: Provide safe walking and bicycle paths between densely populated areas and grocery stores and farmers’ market sites. Strategy 2.6.d: Design grocery store layouts and parking to accommodate pedestrians, cyclists, automobiles, and loading trucks safely and conveniently. Provide infrastructure such as bicycle parking and drinking fountains. EXAMPLES OF ZONING ORDINANCES Allow/Permit Intent: Establish special zones for areas underserved by grocery stores and fresh produce New York City Zoning Resolution. Article 6, Chapter 3. Section 63-00 “General Purposes. The provisions of this Chapter establish special regulations that guide the development of FRESH food stores to promote and protect public health, safety and general welfare...” 4 Going to Market: New York City's Neighborhood Grocery Store and Supermarket Shortage Page 20 of 55 Intent: Incorporate a precise definition of farmers market Philadelphia Zoning Code, Chapter 14-500.14-502 “...(.2) Farmer’s Market. A designated area where farmers sell food crops and non-food crops (e.g., flowers) directly to consumers.” Incentivize Intent: Give floor are bonus for grocery stores complying with minimum design standards New York City Zoning Resolution. Article 6, Chapter 3. Section 63-211 "...the total floor area permitted for such zoning lot may be increased by one square foot of residential floor area for each square foot of FRESH food store floor area, up to 20,000 square feet…" Intent: Allow waivers to building height provided grocery store meets minimum criteria New York City Zoning Resolution. Article 6, Chapter 3. Section 63-22 "...For buildings containing a FRESH food store, the City Planning Commission may authorize modifications to Sections 35-24 (Special Street Wall Location and Height and Setback Regulations in Certain Districts) and 123-66 (Height and Setback Regulations) to allow the applicable maximum building height to be increased by up to 15 feet, provided that the first story occupied by a FRESH food store has a minimum finished floor to finished ceiling height of 14 feet, and provided that such finished ceiling height is at least 14 feet above the base plane or curb level, as applicable. ...” Intent: Waive minimum parking requirements if grocery store meets minimum criteria New York City Zoning Resolution. Article 6, Chapter 3. Section 63-50 "The City Planning Commission may, by authorization, permit modifications to the bulk and accessory off-street parking requirements of the applicable zoning districts when a change of use of a FRESH food store for which a certification has been issued, pursuant to Section 63-30, ...” Intent: Give floor are bonus for grocery stores complying with minimum design standards Philadelphia Zoning Code, Chapter 14-500. 14-503: Use-Specific Standards. “(7) Fresh Food Market (a) Incentives. The incentives of this section are applicable to all new fresh food markets and all expansions of existing fresh food markets. (b) Exemption from District Floor Area Limits. In zoning districts with maximum floor area limits for retail uses, fresh food markets may exceed such floor area limits by up to 50% of lot area...” Mandate Intent: Impose minimum area requirements for grocery stores including quality and type of products Minneapolis Code of Ordinances. Chapter 203. “203.20. - Requirements. Grocery stores and specialty foods stores are both subject to the requirements of chapter 188. A grocery store that does not possess a grocery license as of February 9, 1996 must meet the requirements of subsections (a) and (b). All grocery stores licensed under this chapter except those exempted pursuant to section 203.30 must meet the requirements of subsection (c). (a) The grocery store shall provide and maintain a minimum sales floor area of two thousand (2,000) square feet. ... (c) All grocery stores licensed under this chapter must offer for sale food for home preparation and consumption, on a continuous basis, at least three (3) varieties of qualifying, non-expired or spoiled, food in each of the following four (4) staple food groups, with at least five (5) varieties of Page 21 of 55 perishable food in the first category and at least two (2) varieties of perishable food in all subsequent categories: ...” Intent: Regulate farmers markets for minimum quantity of agricultural produce sold Minneapolis Code of Ordinances. Chapter 201. Section 201.30. Farmers market requirements. “The holder of a farmers market license issued pursuant to this chapter shall comply with the following requirements: (1) A minimum of sixty (60) percent of market vendors at farmers markets held between the eligibility dates set by the Farmers Market Nutrition Program must be agricultural producers... (6) Farmers markets shall take place outdoors, with the exception of up to six (6) indoor events per year, as designated on the license application and approved by the appropriate departments in advance of the indoor event or events. (2011-Or095, § 3, 11-4-11)” Intent: Clearly define special area requirements of a fresh food store New York City Zoning Resolution. Article 6, Chapter 3. Section 63-01 “Definitions. FRESH food store A “FRESH food store” is a food store use as listed in Section 32-15 (Use Group 6), where at least 6,000 square feet of floor area, or cellar space utilized for retailing, is utilized for the sale of a general line of food and non-food grocery products, such as dairy, canned and frozen foods, fresh fruits and vegetables, fresh and prepared meats, fish and poultry, intended for home preparation, consumption and utilization. Such retail space utilized for the sale of a general line of food and non-food grocery products shall be distributed as follows: ...” Intent: Clearly define minimum standards for different elements of a fresh food store Philadelphia Zoning Code, Chapter 14-500.14-502 “Use Categories.... (7) Retail Sales Use Categories ... (d) Food, Beverages, and Groceries Uses that sell or otherwise provide food or beverages for off-premise consumption. (.1) Fresh Food Market. A store whose primary business is the sale of grocery products and provides: (.a) at least 5,000 square feet of customeraccessible floor area used for display and sales of a general line of food and nonfood grocery products such as dairy, canned and frozen foods, fresh fruits and vegetables, and fresh and prepared meats, fish, and poultry, intended for home preparation, consumption and use; (.b) at least 50% of such customer-accessible sales and display area is used for the sale of a general line of food products intended for home preparation and consumption; (.c) at least 25% of such customer-accessible sales and display area is used for the sale of perishable goods, which must include dairy, fresh fruits and vegetables, and frozen foods and that may include fresh meats, poultry, and fish; and (.d) at least 750 square feet of such customer-accessible sales and display area is used for the sale of fresh fruits and vegetables...” Page 22 of 55 2.7: STREET CONNECTIVITY Common Barriers: Streets that do not maintain continuous sidewalks or clear paths discourage pedestrian use. Sidewalks that have grade changes, poor lighting, and lack of interesting activity along the streets remain underutilized. Too many curb cuts on sidewalks create conflict zones between pedestrians and vehicles. Perception of safety is also crucial to encouraging sidewalk use. Pedestrian crossings on wide streets that do not include adequately sized pedestrian refuge areas are burdensome for elderly and disabled population. Overpass and underpass to cross streets are many times inaccessible by persons with disabilities. Opportunities: Public streets and associated infrastructure is commonly within the jurisdiction of a city’s transportation department. However, zoning ordinance has several opportunities to design well connected streets. Zoning and general plan documents can regulate the maximum size of a block to correspond to a comfortable walking distance for the pedestrians. Site planning elements that increase pedestrian safety and comfort such as limitations on curb cuts and maximum grade of sidewalks can be included in the zoning regulations. Strategy 2.7.a: In large-scale developments, design well-connected streets with sidewalks and keep block sizes relatively small. Strategy 2.7.b: Where current connectivity of the sidewalks and streets on a building site is poor, provide pedestrian paths through existing blocks. Strategy 2.7.c: Avoid creating pedestrian over- and underpasses that force walkers to change levels. Strategy 2.7.d: Maintain dedicated pedestrian and bicycle paths on dead-end streets to provide access even where cars cannot pass. Strategy 2.7.e: Minimize addition of mid-block vehicular curb cuts on streets with heavy foot traffic. Strategy 2.7.f: Design vehicular driveways and ramps to minimize contact between cars and pedestrians. EXAMPLES OF ZONING ORDINANCES Allow/Permit Intent: Require mid-block pedestrian connections where necessary. Los Angeles, Municipal Code, Chapter I, Article 7, Section 17-05. “F. Pedestrian Walks. If it is determined by the Advisory Agency that inner-block pedestrian walks are necessary for the public health, safety or welfare, they shall be dedicated to a width of not less than 10 feet.” Page 23 of 55 Intent: Encourage driveways on side streets. Los Angeles, Municipal Code, Chapter I, Article 3, Section 13-09. “G. Pedestrian Orientation. ... 5. Openings in Building Frontages for Vehicular Access. Vehicular access shall be provided from side streets or alleys if available. Where side street or alley access is not available, not more than one 20-foot wide driveway shall be provided per 100 feet of Building Frontage, and not more than two driveways shall be permitted per building...” Incentivize Intent: Give floor area bonus for through block connections conditioned upon minimum design standards Chicago Municipal Ordinance Chapter 17-4. “17-4-1009 Outdoor Through-Block Connections. 17-4-1009-A Eligibility and Standards. Through-block connections facilitate pedestrian circulation and create a pedestrian scale for larger development blocks. Outdoor though-block connections are eligible for floor area bonuses, provided they meet the following minimum standards: 1. The site for which the floor area bonus is requested must be located in a dash 12 or dash 16 “D” district. 2. Outdoor through-block connections must create a continuous, mid-block corridor at least 20 feet in width that connects two streets. 3. The connection must be unobstructed and open to the sky. The installation of seating, trees, and other pedestrian or landscape features will not be considered obstructions...” Mandate Intent: Require new sidewalks where public streets are unimproved Indianapolis Zoning Ordinance Chapter 732. Section 732-214. “(4) Sidewalk Requirements in the C-1, C-2, C-3, C-3C, C-4, C-5, C-6, C-7, and C-ID Districts. On any freestanding lot or integrated center that is not served by either an existing public sidewalk or a public sidewalk alternative authorized by the City of Indianapolis, sidewalks shall be provided in compliance with the following regulations. (a.) Placement. 1. Sidewalks shall be provided along all abutting eligible public streets, ...” Intent: Connect pedestrian walkways within a development with public sidewalks Indianapolis Zoning Ordinance Chapter 732. Section 732-214. “(4) Sidewalk Requirements in the C-1, C-2, C-3, C-3C, C-4, C-5, C-6, C-7, and C-ID Districts... (f.) Internal accessibility for new development. Within a freestanding lot or integrated center, walkways shall be provided in accordance with a pedestrian plan that shall include a walkway system that functionally connects all of the building’s main front entrances with the sidewalk located in the public rightof-way of each of the freestanding lot or integrated center’s eligible public streets...” Intent: Establish minimum dimensions for block lengths Los Angeles, Municipal Code, Chapter I, Article 7, Section 17-05. “G. Blocks. Blocks shall not exceed 1,700 feet in length, except in hilly areas. The number of intersections of local streets with major and secondary highways shall be kept at a minimum.” Page 24 of 55 Intent: Require sidewalks improvements to meet minimum design criteria and adjacency requirements New York City Zoning Resolution. Article 12, Chapter 5. Section 125-41. "...All sidewalk widenings shall be improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public sidewalk, and shall be accessible to the public at all times..." Intent: Prohibit curb cuts to maintain continuity of sidewalks New York City Zoning Resolution. Article 2, Chapter 5. Section 25-631. "...For zoning lots with less than 40 feet of street frontage and existing on the effective date of establishing such districts on the zoning maps, curb cuts shall be prohibited..." Intent: Prohibit curb cuts to access parking spaces on major retail corridors New York City Zoning Resolution. Article 1, Chapter 3, Section 13-142. Location of access to the street: "... In Manhattan Community Districts 1, 2, 3, 4, 5, 6, 7 and 8, the entrances and exits to all permitted accessory off-street parking spaces shall not be located on a wide street except by authorization of the City Planning Commission pursuant to Sections 13-53 (Departmental Reports) and 13-553 (Curb cuts)." Intent: Require sidewalks and curb cuts to meet ADA standards Louisville Development Code Chapter 5 Part 8. "5.8.1 Streets and Sidewalk Standards…2. Where the sidewalk along a public street is interrupted by a curbcut, the walkway across the driveway shall be delineated, to enhance pedestrian safety. The walkway may be delineated by striping or by use of contrasting pavement materials that meet ADA standards." Intent: Require minimum spacing between curb cuts and driveways Nashville Zoning Code. Title 17, Chapter 20, Section 17.20.160. “ Access from nonarterial streets." 3. A driveway other than for a single-family or two family dwelling shall be located at least thirty feet from another driveway..." New York City Zoning Resolution. Article 2, Chapter 5. Section 25-631. "(b) (2) ...a minimum distance of 16 feet of uninterrupted curb space shall be maintained between all curb cuts ...all driveways shall be located at least 13 feet from any other driveway on the same or adjoining zoning lots." Page 25 of 55 2.8: TRAFFIC CALMING Zoning ordinances have limited jurisdiction to regulate traffic calming measures which are implemented within public right-of-ways. The zoning and general plan regulations can facilitate implementation of these measures by planning for street widening that would accommodate traffic calming measures such as medians, curb extensions, etc. Strategy 2.8.a: Design roads to be the minimum width and to have the minimum number of lanes practical. Strategy 2.8.b: Incorporate traffic calming street additions such as curb extensions, medians, and raised speed reducers. Strategy 2.8.c: Consider other physical design measures where appropriate, for example: Horizontal deflections such as curved roadway alignments Vertical deflections such as raised intersections or crossings Traffic diverters, roundabouts, and mini-traffic circles Signal phasing plan with a protected left-turn lag phase “Yield to Pedestrian” signs Avoidance of slip lanes and wide curb radii Page 26 of 55 2.9: DESIGNING PEDESTRIAN PATHWAYS Common Barriers Most common barrier to pedestrian pathways is lack of a unifying design that draws in commuters. Inconsistency in provision of visual and other amenities for comfort at regular intervals such as trees, signs, seating, and lighting deter use of these pathways. Opportunities Zoning ordinances can promote active pedestrian pathways by requiring minimum design standards and amenities. Design elements must be sensitive to the urban context in which such pathways exist or planned. A dedicated amenity strip which accommodates infrastructure like fire hydrants, trash receptacles, street lights, etc must be required within sidewalk right-of-way. Sidewalks along busy commercial corridors require wider clear paths and more density of amenities such as benches and trash receptacles. Sidewalks along streets can include street trees and planted areas between vehicular and pedestrian paths. Signage regulations can incorporate wayfinding tools to direct pedestrians towards civic amenities, waterfront or vistas. Strategy 2.9.a: Create a buffer to separate pedestrians from moving vehicles using street furniture, trees, and other sidewalk infrastructure. Strategy 2.9.b: Provide seating, drinking fountains, restrooms, and other infrastructure that support increased frequency and duration of walking. Strategy 2.9.c: Provide exterior lighting along streets and outdoor paths. Strategy 2.9.d: Include trees and objects of visual interest on streets and sidewalks. Strategy 2.9.e: Make sidewalk widths consistent with their use. Strategy 2.9.f: Provide for enhanced pedestrian crossings both at mid-block and at intersections. Strategy 2.9.g: Construct curb extensions along sections of the sidewalk that tend to attract greater pedestrian congestion. Strategy 2.9.h: When designing large urban-scale developments, create on-site pathways as extensions to public sidewalks. Strategy 2.9.i: Create or orient paths and sidewalks toward interesting views Strategy 2.9.j: Provide marked, measured walking paths on sites as part of a wayfinding system targeted to pedestrians and bicyclists. Strategy 2.9.k: Make streets and paths universally accessible. Create: Paths that are smooth, sufficiently wide, and that have curb cuts and turning radii adequate for a wheelchair or walker. Paths with auditory crossing signals, adequate crossing times, clear signage, visible access ramps, and connections to walking, cycling, and public transit routes. Page 27 of 55 EXAMPLES OF ZONING ORDINANCES Allow/Permit Intent: Establish special purpose districts to define a framework for pedestrian oriented development Louisville Development Code Chapter 2 Part 7. Planned Development Districts-Planned Transit Development District. “E. Development Standards. The following standards are intended for use in preparing a Master Plan for consideration under the PTD District… 8. Pedestrian and Transit Amenities a. Clearly defined, safe pedestrian access shall be provided that link parking areas and adjacent public rights-of-way to building entrances and the advanced transit facility. Walkways leading to the transit facility shall be at least 6’ wide. Walkways crossing parking lot drive aisles shall be separated from vehicles by a change in grade (4" minimum), curbing, bollards, wheel stops or landscaping...” Intent: Clearly define the intended characteristics and design guidelines for pedestrian pathways Louisville Development Code Chapter 2 Part 7. Planned Development Districts-Planned Transit Development District. “D. Development Guidelines... 2. PTD District Pattern Characteristics... e. Pleasant Pedestrian Environment. A PTD will improve the pedestrian environment with amenities, such as pedestrian lamps, awnings, canopies, benches, trees, and shrubbery, and protect the pedestrian and cyclists from traffic using clearly designated crosswalks, buffering, shelters, lighting, and grade separations...” Intent: Regulate sidewalks elements such as fences, benches, and landscaping to enhance pedestrian experience Louisville Development Code Chapter 2 Part 7. "APPENDIX 3B-Downtown Overlay District 11. Open space should reinforce the sense of building frontage along the street. As a general rule, any newly developed or improved open space should: ... d. Use fences, trees, benches or other landscaping as a way to continue the sense of building frontage along the sidewalk." Intent: Allow buildings to setback from the property line to accommodate sidewalk amenities Los Angeles, Municipal Code, Chapter I, Article 3, Section 13-09. “G. Pedestrian Orientation... 3. Pedestrian Amenities. Notwithstanding the Building Frontage requirements in 2 above, if a Pedestrian Amenity is provided, the required Building Frontage may be set back up to 15 feet along the portion of that amenity...” Incentivize Intent: Give floor area bonus for sidewalk widening Chicago Municipal Ordinance Chapter 17-4. “17-4-1010 Sidewalk Widening. 17-4-1010-A Eligibility and Standards. Buildings that are set back to create a wider sidewalk for pedestrians and for the planting of trees, landscaping, the installation of outdoor seating, bus shelters or other amenities are eligible for floor area bonuses, provided they meet the following minimum standards: 1. The site for which the floor area bonus is requested must be located in a dash 12 or dash 16 “D” district. 2. The open area of the qualifying setback must be unobstructed and extend from the ground to the sky, except for landscaping improvements described in this section. 3. In order to qualify for a floor area bonus, the total width of the sidewalk, including the building setback, must be at least 14 feet...” Page 28 of 55 Mandate Intent: Require minimum design standards for sidewalk improvements New York City Zoning Resolution. Article 12, Chapter 5, Section 125-41. "...All sidewalk widenings shall be improved to Department of Transportation standards for sidewalks, shall be at the same level as the adjoining public sidewalk, and shall be accessible to the public at all times..." Intent: Require sidewalk widening based on size of development or enlargement New York City Zoning Resolution. Article 10, Chapter 1, Section 101-42. " Mandatory Sidewalk Widenings. Map 4 (Street Wall Continuity and Mandatory Sidewalk Widenings) in Appendix E of this Chapter specifies locations where the sidewalk widening regulations of this Section apply. Such regulations shall apply to all developments and to those horizontal enlargements where the enlarged portion of the building contains a floor area ratio of 3.0 or more." Intent: Establish minimum seating requirements New York City Zoning Resolution. Article 6, Chapter 2. Section 62-62. "...One linear foot of seating shall be provided for every 75 square feet of shore public walkway and supplemental public access area..." Intent: Require minimum clear paths for sidewalks along private streets Nashville Zoning Code. Title 17, Chapter 17.16, Section17.16.030. "Residential uses. ...h. Sidewalk. A sidewalk with a minimum width of four feet shall be provided along one side of all private drives within the MHP." Intent: Require minimum lighting and signage standards New York City Zoning Resolution. Article 2, Chapter 6. Section 26-34. "...All private roads shall provide street lighting, street signage and crosswalks to minimum Department of Transportation standards for public streets..." Intent: Require new developments or enlargements to provide street trees based on linear frontage along a street New York City Zoning Resolution. Article 2, Chapter 6. Section 26-41. "...one street tree, pre-existing or newly planted, shall be provided for every 25 feet of street frontage of the zoning lot..." Indianapolis Chapter 735, Section 735-605. “... (c) Landscaping within the right-of-way. At least one overstory tree with associated grating or protection system shall be provided and maintained in the right-of-way for each forty (40) feet of linear frontage along the following streets within the Mile Square: ...” Chicago Municipal Ordinance Chapter 17-11. “17-11-0100 Parkway trees... 17-11-0103 Standards. 17-11-0103-A Anyone undertaking or allowing the construction upon, improvement to, or use of any property that is subject to this section, must install and maintain parkway trees within that portion of the public parkway contiguous to the zoning lot in accordance with the provisions of Chapter 10-32 of the Municipal Code and the following requirements: 1. One parkway tree is required per 25 linear feet of street frontage...” Page 29 of 55 Intent: Allow street trees to be planted within public right-of-way Louisville Development Code Chapter 10 Part 2. “10.2.8 Street Trees A. Mandatory: Street trees are required for residentially zoned property along collector and arterial level roadways, as specified in the applicable form district. Street trees shall be provided in the public right-of-way, with permission of the agency having jurisdiction over the right-of-way.” Intent: Require visual connections to interesting views from publicly accessible vantage points New York City Zoning Resolution. Article 6, Chapter 2. Section 62-11. “Definitions. Visual corridor A "visual corridor" is a public street or open area within one or more zoning lots that provides a direct and unobstructed view to the water from a vantage point within a public street, public park or other public place.” Intent: Establish minimum widths for visual corridor New York City Zoning Resolution. Article 6, Chapter 2. Section 62-512. ” Dimensions of visual corridors. The width of a visual corridor shall be determined by the width of the street of which it is the prolongation but in no event less than 50 feet. Visual corridors that are not the prolongations of streets shall be at least 50 feet wide. For the purposes of establishing the width, vehicular turnarounds at the terminations of such streets, including curved or flanged treatments at intersections, shall be omitted.” Intent: Require planting strips along public sidewalks New York City Zoning Resolution. Article 2, Chapter 3, Section 23-04. "In the districts indicated, the following shall provide and maintain a planting strip in accordance with Section 26-42: (a) developments, or enlargements that increase the floor area on a zoning lot by 20 percent or more. However, planting strips shall not be required for enlargements of single- or two-family residences, except as provided in paragraph (b) of this Section; (b) enlargements of single- or two-family residences by 20 percent or more within the following special purpose districts: ..." Page 30 of 55 2.10: PROGRAMMING STREETSCAPES Common Barriers Underutilization of streetscape adjacencies such as retail use spillover can constrain the vitality of streetscapes. Zoning ordinance may prevent spillovers from adjacent uses such as grocery store, restaurant seating, or merchandise on the sidewalk. However, a Zoning ordinance may have limited control over public right-of-ways. Opportunities In downtowns, streetscapes can be revitalized by allowing seating for restaurants on sidewalks where the width of the sidewalk is conducive to such spillover. Zoning regulations can include provisions to allow a set of pre-determined uses to locate merchandize within a specified sidewalk zone. Many cities adopt streetscape design guidelines and master plans to identify the needs of neighborhoods, prioritize design objectives, and make specific recommendations pertaining to best development practices that must be emulated by new construction projects. Some examples of these documents are: New York City Street Design Manual and Boston Complete Street Guidelines. Strategy 2.10.a: Incorporate temporary and permanent public art installations into the streetscape. Strategy 2.10.b: Organize pedestrian-oriented programs, such as charity walks and vehicular street closures, that make wide avenues available for walking and bicycling. Strategy 2.10.c: Increase the number of outdoor cafes to enhance street activity EXAMPLES OF ZONING ORDINANCES Allow/Permit Intent: Allow outdoor retail activities on public sidewalks and public spaces Indianapolis Zoning Ordinance Chapter 732. “Sec. 732-200 (a) ... (7) Outdoor retail sales of beverages, flowers and food from carts on sidewalks and public areas. The outdoor retail sales of beverages, flowers and food from carts on sidewalks and public areas shall be subject to the provisions of, and approved by the city controller in accordance with Chapter 961 of this Code, and shall not be subject to the provisions of this chapter.” Intent: Allow public art on building facades Portland Zoning Code. Title 33, Chapter 33.130 “Commercial Zones 33.130.230 Ground Floor Windows A. Purpose. In the C zones, blank walls on the ground level of buildings are limited in order to: Provide a pleasant, rich, and diverse pedestrian experience by connecting activities occurring within a structure to adjacent sidewalk areas; Encourage continuity of retail and service uses; Encourage surveillance opportunities by restricting fortress-like facades at street level; and Avoid a monotonous pedestrian environment. ... D. Adjustments. Public art may be considered for adjustments to the ground floor window provision." Page 31 of 55 Intent: Allow spillover of café seating into public sidewalks New York City Zoning Resolution. Article 1, Chapter 4. Section 14-011. “Sidewalk cafe locations Sidewalk cafes may be located in all R10H Districts, in all Commercial Districts other than C3 Districts and in all Manufacturing Districts other than M1-5A or M1-5B Districts south of Houston Street, except in those areas where sidewalk cafes are specifically prohibited or permitted, as provided in Section 14-40 (AREA ELIGIBILITY FOR SIDEWALK CAFES).” Page 32 of 55 The following goals pertain to bicycle networks and bicycling infrastructure. The strategies listed under these goals can be facilitated by preparing bicycle network plans, design and construction guidelines, and creative methods to encourage bicycle use such as bike-share programs. These regulations are generally outside the purview of the zoning regulations. 2.11: BICYCLE NETWORKS AND CONNECTIVITY Strategy 2.11.a: Design interconnected bikeways and establish a backbone network of unbroken through routes across all five boroughs of New York. Strategy 2.11.b: Make links between bicycling and transit. Strategy 2.11.c: On bikeways, include signposts providing bicyclists with directions, distances, and times to various destinations. 2.12: BIKEWAYS Strategy 2.12.a: Use on-street markings or signage to visually reinforce the separation of areas for bicyclists and motorists. Strategy 2.12.b: Where conditions warrant, separate bikeways and vehicular traffic lanes with physical demarcations. Strategy 2.12.c: Expand existing bikeways where use has exceeded capacity. Strategy 2.12.d: Pay special attention to the treatment of bikeways at intersections and other points where the street form changes, in order to mitigate potential visibility issues and turning conflicts. Strategy 2.12.e: Avoid potential conflicts between cyclists and opening car doors—for example, by widening parking lanes where appropriate. Strategy 2.12.f: Further develop Greenways—alternative routes that are integrated into the regional park system. Strategy 2.12.g: Consider shared-use paths in areas with viewing attractions. 2.13: BICYCLING INFRASTRUCTURE Strategy 2.13.a: Provide adequate facilities for bicyclists to park along their route or at a final destination. Strategy 2.13.b: Designate bicycle-specific crossings and signals to organize the movements of pedestrians, cyclists, and motorists at busy intersections. Strategy 2.13.c: Construct bicycle rails along outdoor stairways, such as those on “step streets.” Strategy 2.13.d: Explore bicycle share programs to increase access to bicycles for both city residents and visitors. Page 33 of 55 Chapter 3 Building Design Guidelines Section I Introduction Building design guidelines work specifically at the scale of the individual building. Yet because individual buildings, when taken together, form the edge of the public realm, their design is extremely important to the vitality of the sidewalk and the quality of a city’s active design. Within the building, fine-grained regulations determine the extent to which the daily life of the inhabitants is improved and made healthier. The Building Design Chapter looks at tools of zoning that pertain to the Active Design Guidelines sections on designing stairs for everyday use; stair location and visibility; stair dimensions; stair prompts; elevators and escalators; building facilities that support exercise; and building exteriors and massing. Each section examines opportunities to support active design as well as common impediments that might be expected, and then we review excerpts from various cities’ zoning codes that permit, incentivize or mandate relevant regulations. In some cases we add model regulations. The sections on building programming; and appealing and supportive walking routes within buildings do not contain an example of an existing ordinance or a model regulation. The strategies listed to support these goals are embedded with the internal design and layout of the building. We recommend that the regulations governing these strategies are better placed inside a building code or as a design guideline. Page 34 of 55 Section II Building Design Guidelines Audit 3.1: DESIGNING STAIRS FOR EVERYDAY USE Common Barriers Location of stairs could be constrained because of inadequate lot size and building programming to optimize the efficiency of floor plates. Safety standards imposed by city agencies such as requiring stairways be locked to meet fire code, firewalls to separate stairwells from corridors impede flexibility in design of stairwells. Opportunities Underutilized stairs are a missed opportunity in encouraging a physically active lifestyle. Every building requires stairwells for fire access and every unit in a residential building or commercial space must be within accessible distance of a stairwell. This requirement can be used as a tool to increase the visibility of stairwells in a building by integrating stairs as a prominent accessibility feature in the building design. Ordinance can be modified to allow doors leading to stairwells to remain open if building installs magnetic equipment that automatically closes the door in case of emergency. Strategy 3.1.a: Provide one or all stairs in a building for everyday use, whether in the form of a grand staircase or fire stairs that also serve as a principal means of travel. Strategy 3.1.b: Focus on stairs rather than elevators as the principal means of vertical travel for those who are able to climb the stairs. Strategy 3.1.c: In high-rise buildings, provide an integrated vertical circulation system that incorporates stair use for travel between adjacent floors, so that elevators are used primarily for vertical travel of four floors or more. Strategy 3.1.d: Integrate the stair with the principal areas of orientation and travel within the building. Make the stairs accessible to the public areas of the building and, where possible, eliminate locks between staircases and floor areas. EXAMPLES OF ZONING ORDINANCES Allow/Permit Intent: Allow flexibility in designating public stairways Model Regulation. “Stairways that are permitted to be unenclosed from an entry level shall be permitted to serve as a portion of a public access stairway, provided that the top of such stairway has direct access to a public access stairway to the upper levels.” Page 35 of 55 Mandate Intent: Require all floors to access at least one public stairway. Model Regulation. “Stairway, Public Access. A continuous interior stairway that enables building occupants to utilize stairs to travel between the building entrance level and other levels. All levels within a building or structure shall have access to at least one public access stairway.” Intent: Require public stairway to connect with accessible roofs. Model Regulation. “In a building where access to the roof is provided by an elevator, such roof shall also be served by a public access stairway.” Intent: Allow flexibility in designing public stairways. Model Regulation. “Where multiple tenant spaces are not served by a common elevator, such tenant spaces shall be permitted to be served by separate public access stairways, provided that each such stair has access at the building entrance level.” Page 36 of 55 3.2: STAIR LOCATION AND VISABILITY Common Barriers Stairways are often inconspicuous from the building lobbies. While elevators and escalators are prominently placed in the building lobbies, stairwells are relegated to the rear of the building. Doors leading to the stairwell commonly remain closed preventing direct visual contact into a stairwell from a building lobby or corridor. These regulations create uninviting environment and deter building occupants from frequently using the stairs as a means of primary access. Opportunities Retrofitting existing building elements can increase visibility of stairwells without too much expenditure. The zoning ordinance or building code can require existing buildings and enlargements of certain size to maintain minimum transparency on doors leading into a stairwell. New developments can be required to provide a stairwell within a certain distance from the main entrance of the building. Strategy 3.2.a.: Locate stairs near the building’s entrance. Strategy 3.2.b.: Locate a stair targeted for everyday use near the elevator. Strategy 3.2.c.: Locate an appealing, visible stair directly on the building’s principal paths of travel. Strategy 3.2.d.: Design stairs to be more visible. Use one or more of the following: Fire-rated glass enclosures instead of traditional opaque enclosures Open stairs between two or more floors with either the same or associated tenancies EXAMPLES OF ZONING ORDINANCES Incentivize Intent: Allow floor area waiver if the stairway provided meets minimum design criteria such as visibility, day lighting, location, and fire safety standards. Model Regulation. “Floor Area” ... However the “floor area” of a building shall not include: Up to 50% of the stair area on any floor where the stairs meet the following criteria: (i) On the main floor: located within 25 ft of and visible from the entrance, or located and visible before elevator(s) from entrance, or adjacent to and visible from at least the main elevator waiting area serving the lowest bank of the building; and (ii) On all other floors: more prominent than elevator from main path of travel, or adjacent to and visible from at least the main elevator waiting area, or visible and accessible from tenant areas; and iii) Is 48 inches or wider; and iv) Provides daylighting (e.g. extension of the Housing Quality bonus for daylighting in corridors) on each floor if the stair is located at the perimeter of a building and where the perimeter is not along a lot line; and v) either a) is an open interconnecting stair additional to required fire stairs, or b) is an open interconnecting stair serving as a fire stair using allowable fire safety systems such as a deluge sprinkler system, or c) is an enclosed fire stair made visible and accessible by all of the requirements proposed for Building Code inclusion (see proposals with Health and Page 37 of 55 Physical Activity Committee Ranking 1-3), except that minimum fire-rated transparent glazing used to provide visibility must be at least 50% of the door rather than 1/3 of the door, or d) any combination of a, b, and c on different floors.” Mandate Intent: Require entrances to public stairway from common area within building Model Regulation. “Entry location. At the building entrance level, entry to each public access stairway shall be through a common entry area. Such common entry area shall be connected to an elevator where elevator access is provided.” Intent: Transparency requirements for doors leading into a public stairway Model Regulation. “Glazing in Doors. All doors in a public access stairway shall have fireprotection rated glazing in accordance with ... Such glazing shall be at minimum between 4’-0” and 6’-0” above the floor landing, and shall be at least 7 square feet in area and at least 10 square feet in area for such doors at the building entrance level.” Page 38 of 55 3.3: STAIR DIMENSIONS Common Barriers The most common barrier to increasing the size of stairways for creating meaningful spaces is the floor area trade-off. It is in the interest of a developer to provide the minimum stairwell permitted by the fire code or building code and increase the leasable floor area within a building. Another aspect of stair design is the dimensions of risers and treads. The height and width of risers and treads is determined based on the internal floor to floor height of the building and comfort of the occupants could be undermined. Opportunities The standards for minimum dimension of a stairwell must be based on the intensity of use. Civic buildings such as museums, courts, universities which have high visitor traffic must have wider stairways and riser and tread dimensions that are suitable to such intensity. Stairwells within residential and office buildings have different needs and may not require the same dimensions are civic buildings. Stairways that are wider than the minimum fire code requirements can be encouraged by giving incentives such as floor area exemptions. Strategy 3.3.a.: Make stairs wide enough to accommodate travel in groups and in two directions. Strategy 3.3.b.: Design stair risers and treads that are comfortable and safe. EXAMPLES OF ZONING ORDINANCES Mandate Intent: Exclude stairways from floor area provided design complies with minimum dimensions New York City Zoning Resolution. Article 1, Chapter 2, Section 12-10. “... the floor area of a building shall not include: ... (11) floor space within stairwells at each floor of buildings containing residences developed or enlarged after April 16, 2008, that are greater than 125 feet in height, provided: (i) such stairwells are located on a story containing residences; (ii) such stairwells are used as a required means of egress from such residences; (iii)such stairwells have a minimum width of 44 inches; (iv) such floor space excluded from floor area shall be limited to a maximum of eight inches of stair and landing width measured along the length of the stairwell enclosure at each floor; and ...” Page 39 of 55 3.4: APPEALING STAIR ENVIRONMENT Common Barriers Zoning ordinance and building codes do not adequately address the design elements of stairwells. Lack of aesthetic appeal does not draw building occupants into these spaces. Similarly, restriction on maintaining minimum clear paths prevents designing these spaces for multi-functional use. Opportunities Stairwells can be made more appealing by minimal modifications to the existing regulations. Requiring minimum day lighting standards similar to living areas can transform unlit passages. Zoning ordinance can provide floor area incentive for wider stairwell if such additional space encourages activity, for example, by providing seating, displaying art work, or sculptural elements outside of the clear path. Strategy 3.4.a: Use articulated and unique stair compositions: Grand, sculptural staircases Exciting stair construction Strategy 3.4.b: Provide visually appealing interior finishes. Strategy 3.4.c: Design stair environments that appeal to the senses. Highlight interesting views, such as prospects onto nature or indoor gathering areas. Incorporate artwork into the stair environment. Add music to stairwells. Incorporate natural ventilation. Select bright, inviting colors. Strategy 3.4.d: Design safe stairs. "Provide slip-resistant floor finishes." Provide color or textural contrasts at tread nosings. Strategy 3.4.e: Provide well-lit stair environments. Incorporate natural daylight into the stair environment. Provide illumination levels of 75 percent to equal that of adjacent corridors. Strategy 3.4.f: Design stairs to be easily maintained. Page 40 of 55 EXAMPLES OF ZONING ORDINANCES Incentivize Intent: Give floor area bonus if specific activities are provided within the stairwell. Model Regulation. “Floor space within stairwells exceeding 44 inches may be excluded from floor area calculation provided such space is used for (1) art work displays; (2) non-movable seating; (3) architectural elements ...” Mandate Intent: Require minimum day lighting into stairwell Model Regulation. “At least one stairwell in a building shall have windows to allow natural light into such spaces.” Page 41 of 55 3.5: STAIR PROMPTS Common Barriers If the stairwells remain outside direct line of sight from a building entrance, people may not be aware of access points to stair wells. Similarly, visitors or occupants may be unmotivated to take the stairwell if it requires undertaking additional travel relative to an elevator. Opportunities Regulations can require placement of stair prompts and signage at strategic locations such as adjacent to an elevator button or at the building entrance to inform people about location of stairwells. Strategy 3.5.a: Place signage at elevators and escalators to encourage stair use. Strategy 3.5.b: Locate stair prompts where they will be most visible. Strategy 3.5.c: Design informational and motivational messages to be linguistically and culturally appropriate to the building’s users. Use multilingual messages compatible with building users. Match motivational message with building users’ sensibilities and travel motivations. Use age appropriate messages. EXAMPLES OF ZONING ORDINANCES Mandate Intent: Require a standard design of stair prompts and specify location for posting Model Regulation. “Public access stairway identification sign. A sign designed in accordance with ..., shall be provided on the occupied side of each door leading to a public access stairway. Signs shall be mounted on the wall surface directly adjacent to the latch-side of the door, such that in no case shall there be more than 6” from the door to the edge of the sign. Where the wall surface directly adjacent to the latch side is too narrow to accommodate the sign, the sign may be placed on the adjacent perpendicular wall. The top of such sign shall be located no higher than 5’ above the finished floor.” Intent: Require stair prompts near elevators Model Regulation. “Public access stairway prompt. A sign designed in accordance with ..., shall be posted on each wall where an elevator call button is located. Signs shall be mounted on the wall surface directly adjacent to the elevator call station. Where there are two or more elevators, signs shall be centrally mounted on the wall between such elevators. The top of such sign shall be located no higher than 5’ above the finished floor.” Page 42 of 55 3.6: ELEVATORS AND ESCALATORS Common Barriers Elevators and escalators have become more prominently placed within new buildings and therefore, are used more frequently. Opportunities Regulations can require placement of stair prompts and signage at strategic locations such as adjacent to an elevator Strategy 3.6.a: Design elevators to be less prominent than the stairs for people who can use the stairs, while providing elevator access for people with disabilities. Locate elevators out of direct view from the building’s entrance. Do not program the elevators to return to the ground floor and rest in the open position when not in use. Refrain from visually highlighting and articulating the elevator while visually emphasizing the stairs provided for everyday use. In high-rise commercial buildings, consider creating a second-floor lobby accessible from ground level by a grand or open stair. Consider limiting the number, size, and capacity of elevators to the minimum required by code, where appropriate. Consider reducing the elevator travel speed or the cab door open-and-close speeds, particularly in low-rise buildings. Strategy 3.6.b: Consider installing skip-stop elevators, where appropriate for the building type. Strategy 3.6.c: Use signage at the elevator and escalator entry areas to promote nearby stair use. Strategy 3.6.d: Limit the use of escalators in buildings. Also consider one or more of the following strategies: Limit escalator use to rush hours. Slow escalators during non-rush hours. Retrofit existing escalators with motion sensor activation devices. Page 43 of 55 EXAMPLES OF ZONING ORDINANCES Allow/Permit Intent: Allow higher building base heights to incorporate lobbies on second floor Model Regulation. “The maximum base height of the building may be increased by 10 feet if a lobby is provided on the second floor which is accessible by a staircase from the ground floor level pursuant to minimum design requirements as listed under ...” Mandate Intent: Require stair prompts near elevators Model Regulation. “Public access stairway prompt. A sign designed in accordance with ..., shall be posted on each wall where an elevator call button is located. Signs shall be mounted on the wall surface directly adjacent to the elevator call station. Where there are two or more elevators, signs shall be centrally mounted on the wall between such elevators. The top of such sign shall be located no higher than 5’ above the finished floor.” Page 44 of 55 The following goals pertain to programming of lobbies and common spaces within a building. These strategies are typically outside the purview of a zoning ordinance and can be effectively incorporated as a design guideline. Before requiring a specific regulation, it must be noted that the design of a building is unique and dependent on the type of the development lot. Adjacency requirements for common spaces need to be flexible to accommodate the design on a typical lot. 3.7: BUILDING PROGRAMMING Strategy 3.7.a: Locate building functions to encourage brief bouts of walking to commonly used amenities within a building. In work environments, organize functions such as restrooms, lunchrooms or cafeteria, photocopy rooms, mailrooms, shared equipment spaces, staff lounges, and meeting rooms a pleasant walking distance from individual work spaces. In large-scale multiple-building developments, provide for tenant spaces that can accommodate newsstands, post offices, places to purchase healthy food, and other functions. In mixed-use buildings, locate common functions in the lobby area to promote walking to routine lunchtime and after-work or after-school activities. In residential environments, place functions such as community and recreational spaces, mailrooms, and management offices on an alternative floor or a pleasant walking distance from individual residences and building entrances. Strategy 3.7.b: Consider locating the principal building lobby functions on the second floor accessible by a prominent grand stair or ramp. Strategy 3.7.c: Locate shared functions on alternative floors, adjacent to staircases or ramps. Strategy 3.7.d: When arranging a building’s program, consider the capacities and ages of specific inhabitants. Strategy 3.7.e: Encourage personal interaction in addition to electronic communication. 3.8: APPEALING AND SUPPORTIVE WALKING ROUTES Strategy 3.8.a: Provide visually appealing environments along paths of travel. Strategy 3.8.b: Provide daylighting along paths of travel. Strategy 3.8.c: Strategy 3.8.d: Provide supportive infrastructure along walking routes. Restrooms Drinking fountains or water refilling stations Benches Provide information about walking routes within and around the building. Strategy 3.8.e: Provide incremental distance markers. Page 45 of 55 3.9: BUILDING FACILITIES THAT SUPPORT EXERCISE Common Barriers Floor space for common amenities competes with floor area that can be used for providing additional residential or commercial space. Additional, maintenance of recreational spaces may increase operating costs and liability of the developer. Opportunities Zoning regulations could require active recreational areas within buildings that have a certain number of dwelling units or in large office buildings. These spaces could be prohibited in basements and may be required on publicly accessible floors. Recreational spaces such as gymnasiums and activity rooms could be incentivized within buildings using zoning ordinances. For example, bike parking could be required in buildings. Strategy 3.9.a: Include physical activity spaces in commercial workplaces and residential buildings. Strategy 3.9.b: Locate physical activity spaces within centrally visible locations in the building. Strategy 3.9.c: Provide views to the outdoors from physical activity rooms. Strategy 3.9.d: Provide shower and locker room facilities. Strategy 3.9.e: Provide secure, sheltered, and accessible bicycle storage, preferably on the ground floor. Strategy 3.9.f: Provide information boards and signage about facilities, services, and groups related to physical activities. Strategy 3.9.g: Design activity spaces to accommodate a building’s various occupant groups. Strategy 3.9.h: Provide easily accessible drinking fountains throughout the building. EXAMPLES OF ZONING ORDINANCES Incentivize Intent: Exclude area under bike parking from floor area calculations New York City Zoning Resolution. Article 2, Chapter 5, Section 25-85. “In all districts, as indicated, space provided for enclosed accessory bicycle parking spaces pursuant to the standards of this Section, shall be excluded from the calculation of floor area, provided that: ...” Mandate Intent: Require minimum amount of recreational area on roof of the building. New York City Zoning Resolution. Article 1, Chapter 5, Section 15-12. “ Open Space Equivalent. At least 30 percent of the gross roof area of a building containing 15 dwelling units shall be provided for recreational use. For each additional dwelling unit, 100 square feet of Page 46 of 55 additional roof area shall be provided for recreational use, up to a maximum of 50 percent of the gross roof area. This recreational area shall be accessible to all the occupants of said building and their guests. No fees shall be charged to the occupants or their guests. The provisions of this Section may be modified pursuant to Section 15-30.” Intent: Require minimum number of accessory bike parking within buildings New York City Zoning Resolution. Article 2, Chapter 5, Section 25-811. “Enclosed bicycle parking spaces ... In all districts, as indicated, enclosed accessory bicycle parking spaces shall be provided for at least that amount specified for the applicable use set forth in the table in this Section.” Intent: Require minimum unenclosed accessory bike parking based on area of development or number of automobile parking New York City Zoning Resolution. Article 2, Chapter 3, Section 25-812. “Unenclosed bicycle parking spaces ... In all districts, as indicated, for open parking areas accessory to community facility uses that contain 18 or more spaces or are greater than 6,000 square feet in area, ... unenclosed accessory bicycle parking spaces shall be provided as follows: (a) One bicycle parking space shall be provided for every ten automobile parking spaces, up to 200 automobile parking spaces. ... (b) Each bicycle rack shall allow for the bicycle frame and at least one wheel to be locked to the rack. ... (c) Bicycle racks shall be provided within 50 feet of a main entrance of a building and a minimum of 24 inches from any wall.” Intent: Require minimum unenclosed accessory bike parking based on area of development or number of automobile parking. New York City Zoning Resolution. Article 2, Chapter 8, Section 28-30. “Required Recreation Space. All developments, enlargements, extensions or conversions, with nine or more dwelling units or rooming units, shall provide at least the minimum amount of recreation space as set forth in the table in this Section....” Intent: Require indoor and outdoor recreational spaces of minimum size and dimensions. New York City Zoning Resolution. Article 2, Chapter 8, Section 28-32. “...(b) The minimum dimension of any recreation space shall be 15 feet. The minimum size of any outdoor recreation space shall be 225 square feet, and the minimum size of any indoor recreation space shall be 300 square feet. ... (d) Any indoor recreation room located in a story shall have at least one exterior wall with windows that measure not less than 9.5 percent of the total floor space of the room and such windows ...” Intent: Require showers when active recreation activities are provided inside a building Model Regulation. “Where active recreation uses pursuant to ... are provided within a building, a minimum number of shower enclosures shall be provided based on ...” Page 47 of 55 3.10: BUILDING EXTERIORS AND MASSING Common Barriers Building exterior has a major impact on the public realm especially along the sidewalk. Blank walls create an unwelcoming pedestrian experience and lack of architectural variety such as setbacks and entryways result in a monotonous unappealing design. Opportunities Zoning regulations can create attractive streetscapes by regulating treatment of building exterior and massing. Building elements such as dormers, reverse setbacks, cornices, canopies when allowed in a zoning ordinance add enormously to the variety of the streetscape. Zoning ordinance can also require specific treatment on the building façade, such as transparency requirements, show windows, awnings and canopies. To activate the streets, zoning ordinance may also require minimum number of storefronts on a block. In addition to the zoning ordinance, design guidelines can delve into more detailed aspects of the built form. For example, “Hunter’s Point South Design Guidelines” prepared for a waterfront neighborhood in New York City, stipulated specific urban design standards to create a unique architectural character for the neighborhood. The building façade was broken down into three segments: lower base, upper base, and tower guidelines, and detailed design principles were developed for each building segment. Strategy 3.10.a: Maximize variety, detail, and continuity on the lower one-to-two floors of the building exterior. Strategy 3.10.b: Provide multiple entries and maximum transparency along the street to help enliven the pedestrian environment. Strategy 3.10.c: Incorporate canopies and awnings into building facades. Strategy 3.10.d: Carefully incorporate stairs and ramps as building design features. Strategy 3.10.e: Design building massing to enhance nearby parks, plazas, and open spaces. EXAMPLES OF ZONING ORDINANCES Allow/Permit Intent: Allow architectural elements like dormers outside permitted building envelope New York City Zoning Resolution. Article 2, Chapter 3, Section 23-651. "(3) Dormer - For the purposes of this Section, a dormer shall be a vertical extension of the street wall of a base allowed as a permitted obstruction within a required front setback area. A dormer may be located anywhere on a wide street, and on a narrow street within 70 feet of its intersection with a wide street. Intent: Allow awnings and canopies as permitted obstructions New York City Zoning Resolution. Article 2, Chapter 3, Section 23-44. "Permitted Obstructions in Required Yards or Rear Yard Equivalents ...Awnings or canopies..." Page 48 of 55 Intent: Allow architectural elements like stairs outside permitted building envelope New York City Zoning Resolution. Article 2, Chapter 3, Section 23-461. "...Only chimneys, eaves, gutters, downspouts, steps, and ramps for access by people with disabilities shall be permitted obstructions in open areas..." Intent: Guide fenestration details on street walls along main streets Boston Zoning Code. Article 47A – CAMBRIDGE STREET NORTH DISTRICT: "(c) Windows. In Street Walls facing Cambridge Street, large, undifferentiated panes of glass generally are not appropriate. Accordingly, windows in such Street Walls should be set in from the face of the building and accented by lintels and sills." Mandate Intent: Specify building materials Boston Zoning Code. Article 47A. "CAMBRIDGE STREET NORTH DISTRICT:…(j) Building Materials. Primary building materials for Street Walls facing Cambridge Street should be masonry, including brick, limestone, sandstone, and granite. When used for such Street Walls, materials such as architectural precast concrete should be empathetic in surface texture and color with the exterior building materials used on the south side of Cambridge Street." Intent: Require minimum transparency on ground floor along major streets New York City Zoning Resolution. Article 3, Chapter 7, Section 37-76. "...All new building walls fronting on the major and minor portions of the public plaza shall be treated with clear, untinted transparent material for 50 percent of the surface area below 14 feet above the public plaza level, or the ceiling level of the ground floor of the building, whichever is lower..." Intent: Require active non-residential uses on ground floor New York City Zoning Resolution. Article 11, Chapter 6, Section 116-12. "Uses located on the ground floor level, or within two feet of the as-built level of the adjoining sidewalk, shall be limited to the non-residential uses permitted by the underlying district regulations..." Intent: Specify location of street walls to maintain continuity along a block front New York City Zoning Resolution. Article 13, Chapter 1, Section 131-421. "(a) Street wall location: The street wall of a development or enlargement shall be located within five feet of the street line and extend along the entire frontage of the zoning lot, except that: ..." Intent: Establish maximum sill height of show windows to maximize transparency. New York City Zoning Resolution. Article 12, Chapter 5, Section 125-12. “Transparency Requirements. The ground floor street wall bounding any community facility use other than a school shall be glazed with transparent materials which may include show windows, glazed transoms or glazed portions of doors... Furthermore, the maximum sill level of all show windows shall be two feet, six inches above the adjoining sidewalk or public access area.” Intent: Establish standards for minimum number of stores on a building block to encourage variety New York City Zoning Resolution. Article 13, Chapter 2, Section 132-23. "For zoning lots with a lot width of 50 feet or more, as measured along the street line of the designated Page 49 of 55 commercial street, a minimum of two non-residential establishments shall be required for every 50 feet of street frontage." Intent: Specify maximum length of a building wall to add architectural variety Louisville Development Code Chapter 5 Part 6. Section 5.6.1 "Non-Residential and Mixed Use Building Design Standards B. Building Façade Treatment for buildings within the Suburban Form Districts: No uninterrupted length of any façade shall exceed 100 horizontal feet." Intent: Require minimum architectural features on building facade Louisville Development Code Chapter 5, Part 6, Section 5.6.1 "Non-Residential and Mixed Use Building Design Standards B. Building Façade Treatment for buildings within the Suburban Form Districts: There shall be no blank walls facing public streets. Ground floor facades at these locations shall be articulated to provide visual interest and a human scale that are representative of the form district. Such facades shall employ the use of windows, columns, pilasters, piers, variation of material, entrances, storefront windows, and other animating features along no less than 60 percent of their length. In addition, façades greater than 100 feet in length, measured horizontally, shall incorporate any combination of the following features: wall plane projections having a depth of at least 18 inches or recesses having a depth of at least 3 feet, or building entrances/glassed in areas extending at least 20 percent of the length of the facade." Intent: Establish design standards for awnings Louisville Development Code Chapter 5, Part 6, Section 5.6.2 “Downtown Form District Building Design Standards ...D. Awnings/Canopies 1. Awnings, when used, shall be installed so that the valance is at least 7’-6” above the sidewalk. 2. The width of a single awning shall extend the full width of the window and shall not exceed 40 feet 3. Canopies shall be at least 18” from the face of curb. Awnings shall not extend into the Streetscape Zone.” Intent: Require street walls along a minimum percentage block frontage Portland Zoning Code. Title 33, Chapter 33.130. "4/24/10 Commercial Zones C. Maximum building setbacks. ... b. Standard. The maximum building setback is 10 feet. At least 50 percent of the length of the ground level street-facing façade of buildings must be within 10 feet of the street lot line. If the site has three or more block frontages, this standard only applies to two frontages." Intent: Require street walls along a minimum percentage block frontage Seattle Municipal Code. Title 23, Chapter 23-48, SMC 23.48.014. "General facade requirements…C. All facades on Class 1 Pedestrian Streets, as shown on Map B, shall be built to the street property line along a minimum of seventy (70) percent of the facade length." Intent: Place controls on maximum façade width of a single building Seattle Municipal Code. Title 23, Chapter 23-49, SMC 23.49.164 "Downtown Mixed Residential, maximum width, depth and separation requirements:… D. Facade Width Limits and Separation Requirements in South Downtown. On a lot in a DMR/C zone in South Downtown, the following standards apply: 1. For the portion of a structure 65 feet in height or less, the maximum width of a street-facing facade is 250 feet." Page 50 of 55 Intent: Require minimum number of entrances to a building on mid-block Seattle Municipal Code. Title 23, Chapter 23-49, SMC 23.49.163 Downtown Mixed Residential, standards for facades along mid-block corridors "A. The facade shall include at least one entrance to the predominant use in the structure or an entrance to a use listed in Section 23.49.009 for every 100 lineal feet of building facade facing the corridor. If the facade is less than 100 feet in width, then at least one entrance shall be provided." Intent: Define minimum heights for street walls based on neighborhood context Seattle Municipal Code. Title 23, Chapter 23-48, SMC 23.48.014. "General facade requirements. 1. On Class 1 Pedestrian Streets, as shown on Map B, Pedestrian Street Classifications, located at the end of this Chapter, all facades shall have a minimum height of forty-five (45) feet.; 2. On Class 2 Pedestrian Streets, as shown on Map B, all facades shall have a minimum height of twenty-five (25) feet. 3. On all other streets, all facades shall have a minimum height of fifteen (15) feet." Intent: Require windows on blank walls Chicago Zoning Ordinance, Chapter 17-2. “17-2-0400 Character standards. "Blank Walls: -A To avoid the appearance of blank walls and ensure “eyes on the street”, windows and/or main entrance doors must comprise at least 17.5% of the area of each building façade that faces a street. ... -C Windows used to meet this standard must allow views from the building to the street. -D Glass block, windows in garages and doors that do not provide pedestrian entrances to the building do not count toward meeting this standard." Intent: Allow signs and marquees on building façade New York City Building Code. Chapter 32 "3202.2.1.4.5 Occupancy restrictions. Marquees may be erected on: 1. Buildings of an essentially public nature, including but not limited to the following: 1.1. Public buildings; 1.2. Theatres; 1.3. Hotels; 1.4. Terminals; 1.5. Large department stores; 1.6. Supermarkets; 1.7. Multiple dwellings. 2. Warehouses or markets in one of the following established market areas: ..." Intent: Allow architectural details to encroach into public right-of-way subject to conditions New York City Building Code. Chapter 32 - Encroachments into the public right-of-way "3202.2.1.2 Architectural details. Details such as cornices, eaves, bases, sills, headers, band course, opening frames, sun control devices, rustications, applied ornament or sculpture, grilles, windows when fully open, air conditioning units, and other similar elements may be constructed...” Page 51 of 55 REFERENCES Active Design Guidelines: Promoting Physical Activity and Health in Design www.nyc.gov/adg Boston Complete Streets Guidelines bostoncompletestreets.org/ New York City Street Design Manual http://www.nyc.gov/html/dot/html/about/streetdesignmanual.shtml Hunter’s Point South Design Guidelines, New York City http://www.nycedc.com/project/hunters-point-south Going to Market: New York City's Neighborhood Grocery Store and Supermarket Shortage, New York City http://www.nyc.gov/html/dcp/html/supermarket/index.shtml ZONING ORDINANCES Boston, Massachusetts Boston Zoning Code, Boston Redevelopment Authority http://www.bostonredevelopmentauthority.org/zoning/zoning.asp1 Chicago, Illinois Chicago Zoning Ordinance, Department of Housing and Economic Development http://www.amlegal.com/library/il/chicago.shtml Indianapolis, Indiana Indianapolis Zoning Ordinance, Department of Metropolitan Development http://www.indy.gov/eGov/City/DMD/Planning/Zoning/Pages/municode.aspx Los Angeles, California Los Angeles Municipal Code, Department of City Planning http://cityplanning.lacity.org/ Louisville, Kentucky Land Development Code, Department of Codes and Regulations, Louisville http://www.louisvilleky.gov/planningDesign/ldc/ Minneapolis, Minnesota Minneapolis Code of Ordinances, Community Planning and Economic Development http://library.municode.com/index.aspx?clientId=11490 Nashville, Tennessee Nashville Zoning Code, Metro Planning Department http://www.nashville.gov/images/gifs/mc/code_of_laws/TITLE_17.pdf Page 52 of 55 New York, New York New York City Zoning Resolution, Department of City Planning http://www.nyc.gov/html/dcp/html/subcats/zoning.shtml Philadelphia, Pennsylvania Philadelphia Zoning Code, Philadelphia City Planning Commission http://zoningmatters.org/ Portland, Oregon Portland Zoning Code, Bureau of Planning and Sustainability http://www.portlandonline.com/bps/title33_complete_print.pdf Seattle, Washington Seattle Municipal Code, Department of Planning and Development http://clerk.ci.seattle.wa.us/public/toc/t23.htm Page 53 of 55 ACKNOWLEDGEMENTS The completion of this project would not have been possible without the participation and contributions of numerous people from across the country. We would like to acknowledge the successful collaboration of all those individuals who helped in the meticulous research and review of zoning ordinances of several cities for precedents. We would like to extend our special thanks to the Center for Disease Control and the Fund for Public Health in New York for funding the study. NEW YORK CITY DEPARTMENT OF CITY PLANNING Amanda M. Burden, FAICP, Commissioner Alexandros Washburn, AIA, Chief Urban Designer Thomas Wargo, Director, Zoning Division NYCDCP ACTIVE DESIGN: OPPORTUNITIES IN ZONING PROJECT TEAM Team Leader: Parul Agarwala, City Planner Alexandra Gonzalez, Urban Designer Belinda Kanpetch, Urban Designer Gabriela Callejas, Urban Designer Skye Duncan, Associate Urban Designer SPECIAL CONTRIBUTORS NEW YORK CITY DEPARTMENT OF CITY PLANNING CONTRIBUTORS Beth Lebowitz, Deputy Director, Zoning Division Chris Hayner, Urban Designer Chris Holmes, City Planner Claudia Herasme, Associate Urban Designer Justin Moore, City Planner Louisa Craddock, Associate City Planner OTHER NYC CONTRIBUTORS David Burney, FAIA, Commissioner, DDC Eric Boorstyn, DDC Karen K. Lee, DOH Wendy Feuer, DOT Nick Peterson, DOT Margaret Newman, DOT Andy Wiley-Schwartz, DOT Kate Rube, NYAIA NATIONAL CONTRIBUTORS Nick Sims, BIRMINGHAM Jimmy Dills, NASHVILLE Patricia Conway, NASHVILLE Gary Gaston, NASHVILLE Julia Landstreet, NASHVILLE Michael Briggs, NASHVILLE Dirk L Gowin , LOUISVILLE John (Rolf) Eisinger, LOUISVILLE Michelle Kunec, PORTLAND Jeff Joslin, PORTLAND Page 54 of 55 Ivy Dunlap, PORTLAND Barry Manning, PORTLAND Mark Raggett, PORTLAND Chon Wong, PORTLAND Lyle Bicknell, SEATTLE Charlotte Fleetwood, BOSTON Page 55 of 55