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Landscaping within parking areas whether ground cover or upright plant material is necessary not only to reduce the generation of heat and water runoff but to break up visually the expanse of paved areas. The use of parking islands or peninsulas strategically placed throughout the parking lot is required to landscape parking lot interiors. The use of shade trees in these landscape areas is encouraged. Any open parking area containing more than 6,000 square feet of area or 15 or more parking spaces shall provide the following interior landscaping in addition to the required perimeter screening:
(A) An area equal to 5% of the total area devoted to parking spaces and parking lanes shall be landscaped and permeable.
(B) Whenever possible, large parking areas of 30,000 square feet or larger shall be designed so as to break up their visual expanse and create the appearance of smaller parking lots. This distinction or separation can be achieved by interspersing yard space and buildings in strategic areas and by taking advantage of natural features such as slope, existing woodland or vegetation, drainage courses, and retention areas.
(C) Landscaping in parking areas shall be dispersed throughout in peninsulas or islands. The minimum island or peninsula size shall be 180 square feet with a two foot minimum distance between all trees or shrubs, and the edge of pavement where vehicles overhang shall have a minimum width of 10 feet. Islands shall typically be located every 10 to 12 parking spaces and may be curbed. This section shall exclude the CI District.
(D) The required plant materials for the interior of parking areas shall be one deciduous tree for every 3,000 square feet. Where site distance or maneuvering conflicts exist, trees shall have a clear trunk of at least five feet above the ground and the remaining required landscape areas shall be planted with shrubs or ground cover not to exceed two feet in height.
(Ord. 37-02, passed 7-10-02) Penalty, see § 155.2617
ADMINISTRATION
A Zoning Inspector designated by the Mayor shall administer and enforce this chapter. The Zoning Inspector is under the jurisdiction of the City Engineer. He or she may be provided with the assistance of such other persons as the Mayor or City Engineer may direct. For the purpose of this chapter, the Zoning Inspector shall have the following duties:
(A) Enforce the provisions of this chapter and interpret the meaning and applications of its provisions.
(B) Respond to questions concerning applications for amendments to the Zoning Ordinance text and the Zoning Map.
(C) Issue zoning permits and certificates of occupancy as provided by this chapter and keep a record of same with a notation of any special conditions involved.
(D) Act on all applications upon which he or she is authorized to act by the provisions of this chapter within ten days or notify the applicant in writing of his or her refusal or disapproval of such application and the reasons therefore. Failure to notify the applicant in the case of such refusal or disapproval within the specified time shall entitle the applicant to submit his or her request to the Planning and Zoning Commission.
(E) Conduct inspections of buildings and uses of land to determine compliance with this chapter, and in the case of any violation, to notify in writing the person(s) responsible, specifying the nature of the violation and ordering corrective action.
(F) Maintain in current status the Zoning Map which shall be kept on permanent display in the city offices.
(G) Maintain permanent and current records required by this chapter, including but not limited to zoning permits, zoning certificates, inspection documents, and records of all variances, amendments, and conditional uses.
(H) Make such records available for the use of the City Council, Planning and Zoning Commission, and the public.
(I) Review and approve site plans pursuant to this chapter.
(J) Determine the existence of any violations of this chapter and cause such notifications, revocation notices, stop orders, or tickets to be issued; or initiate such other administrative or legal action as needed to address such violations.
(K) Prepare and submit an annual report to the City Council and Planning and Zoning Commission on the administration of this chapter, setting forth such information as may be of interest and value in advancing and furthering the purpose of this chapter. Such report shall include recommendations concerning the schedule of fees.
(Ord. 37-02, passed 7-10-02)
The Planning and Zoning Commission is designated by the Mayor as described in division (A) of this section. The main function of the Planning and Zoning Commission is to make recommendations to the Council concerning conditional use permits, site plans, and changes to the zoning code, as well as to act as a quasi-judicial body that shall hear variances and appeals, and decide whether or not to grant the appeal. More specific responsibilities of the Planning and Zoning Commissioners are detailed in division (C) of this section.
(A) Appointment and term length. The Commission shall be composed of seven members who reside in the incorporated area of the city and shall include the Mayor, Director of Public Services, President of the Board of Park Commissioners, and four citizens to be appointed by the Mayor.
(1) The term of all members shall be six years and their terms so arranged that the term of one member shall expire each year.
(2) Any vacancy shall be filled for the remainder of the unexpired term in the manner the original appointment was made.
(3) All members shall serve without compensation.
(B) Proceedings of Commission.
(1) The Commission shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this Ordinance.
(2) The Commission shall elect a Chairperson and Vice-Chairperson, shall adopt rules necessary to the conduct of its affairs in keeping with the provisions of this chapter, and appoint a secretary who may or may not be a member of the Commission.
(3) Commission meetings shall be held at the call of the chairperson and at such other times as the Commission may determine. The Chairperson, or in his or her absence the acting Chairperson, may administer oaths and compel the attendance of witnesses. All meetings shall be open to the public.
(4) The Commission shall keep minutes of its proceedings, showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact. The Secretary shall record Commission action and keep minutes of its proceedings showing the vote of each member upon each question, or if absent, or failing to vote, indicating such fact, and shall keep records of its examinations and other official actions. All minutes shall be public record and immediately filed in the office of the Commission.
(5) The presence of four members shall constitute a quorum. The concurring vote of four members of said Commission shall be necessary to reverse an order of determination of the Zoning Inspector, to decide in favor of an applicant in any matter over which the Commission has original jurisdiction under this chapter, or to grant any variance from the requirements stipulated in this chapter.
(C) Duties of Commission. For the purpose of this chapter, the Commission shall have the following duties:
(1) Recommend the proposed Zoning Ordinance, including text and Zoning Map to the City Council for formal adoption.
(2) Initiate advisable Zoning Map changes or changes in the text of the Zoning Ordinance where same will promote the best interest of the public in general through recommendations to the City Council.
(3) Review all proposed amendments to the text of this chapter and the Zoning Map and make recommendations to the City Council.
(4) Review all planned development applications and make recommendations to the City Council as provided in this chapter.
(5) Review all conditional uses as identified in the respective zoning districts according to § 155.1802.
(6) Carry on a continuous review of the effectiveness and appropriateness of this chapter and recommend such changes or amendments as it feels would be appropriate.
(8) Hear and decide appeals where it is alleged there is an error in any order, requirement, decision, interpretation, or determination made by the Zoning Inspector.
(9) Authorize such variances from the terms of this chapter as will not be contrary to the public interest where owing to the special conditions, a literal enforcement of this chapter will result in unnecessary hardship and so that the spirit of this chapter shall be observed and substantial justice done.
(10) In case of a use that is not specifically mentioned in this chapter, the Commission shall classify the use of a similar nature to a use that is already listed in this chapter. The use that is approved as a similar use shall subsequently be recommended by the Commission for addition to the permitted uses in the zoning districts previously described in this chapter through the amendment process.
(11) Consider and act on appeals from a decision made by the Zoning Inspector relating to the interpretation of this chapter.
(Ord. 37-02, passed 7-10-02)
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