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(a) Principally Permitted Buildings and Uses. Those buildings and uses principally permitted in the underlying district shall be permitted in accordance with all applicable regulations of that underlying district, and subject to the additional specific restrictions on development and use the Overlay District imposes.
(b) Accessory Buildings and Uses. Accessory buildings and uses shall be permitted if approved by the Planning Commission as being consistent with the purposes and provisions of this Chapter.
(c) Access Management. As parcels within the Overlay Districts are purchased, consolidated and redeveloped, access management must be implemented to control the number of curb cuts to improve vehicular and pedestrian circulation and safety.
1. All new nonresidential development within an Overlay District shall require a Traffic Impact Study to determine any thoroughfare improvements which may be required from the impact of the new development.
2. Where deemed necessary by the City Engineering Department, from the review of the Traffic Impact Study, a frontage road may be required for certain developments/redevelopments.
3. When two or more parcels are developed or redeveloped under the same owner or as part of the same development, all curb cuts shall be consolidated into one ingress/egress as indicated on the site plan and as approved by the City Engineering Department.
(d) Building and Use Requirements. The main and accessory buildings shall meet the regulations of any district in which such buildings or uses would be permitted. If the main and accessory buildings are not permitted in the underlying district, they shall conform to the regulations of the nearest district to the site within which they are allowed. Additionally they shall meet the following:
1. All the requirements established by the Planning Commission and Council pursuant to the purposes and provisions of this Chapter;
2. The conditions and demands of any adopted plan affecting the district; and
3. The details of the site development plan.
(e) Landscaping and Streetscaping. Plans shall include landscaping and buffering as part of the plan review process.
(Ord. 26-99-0. Passed 8-23-99.)
(Ord. 26-99-0. Passed 8-23-99.)
(a) The use of property in the Overlay District, in accordance with a site plan (pursuant to the requirements of Chapter 1146 of this Ordinance), shall be permitted only if the proposed site development plan, by its nature, or by reason of the controls imposed by the Planning Commission and Council:
1. Is not an adverse influence on any abutting or surrounding properties;
2. Provides for an orderly transition and promotes compatibility between districts;
3. Is in full compliance with the purposes of this Zoning Ordinance and this Chapter;
4. Furthers and conforms to the goals of the Celina Land Use Plan as adopted by the City; and
5. Is designed to maximize the public interest and private benefit in a balanced manner.
It is the responsibility of the developer to demonstrate compliance with each of the above stated standards.
(b) The following factors or characteristics, along with other requirements imposed by the Planning Commission for such use, consistent with the provisions of this Chapter shall be considered in assessing a proposed site development plan:
(1) Permitted types of use(s);
(2) Intensity of use in terms of:
A. Density, floor area or impervious surface ratio (I.S.R.);
B. Traffic impacts; or
C. Other environmental impacts such as noise, light, pollution, etc.;
(3) Functional and aesthetic compatibility with existing or proposed development;
A. Landscaping and buffering of the site; and
B. Compliance with the development goals of an adopted plan for the City or that area of the City.
(c) To secure the application of all relevant standards to the development of the Overlay District, the Planning Commission shall recommend:
(1) Front, side and rear yard requirements, density requirements, height and bulk of building requirements and intensity of use;
(2) The use of materials or designs in the erection of structures which shall minimize the adverse impact of the uses proposed by the development plan on neighboring properties;
(3) Permits or variances for docks, business signs, outdoor storage, parking spaces, loading docks and driveways;
(4) The screening or setting aside areas of land to serve as a buffer of the proposed use in the Overlay District from adjacent properties by walls, fences, landscaping or open spaces; and
(5) Such additional conditions and limitations on use, building dimensions, open spaces and the like as may be deemed necessary to carry out the intent of this Chapter and this Zoning Ordinance.
(d) All the powers exercised pursuant to Sections 1147.01 through 1147.05 shall serve the objectives to create orderly transitions between districts, to minimize adverse impacts of one district upon the other, and to promote the development of property in the Overlay District.
(Ord. 26-99-0. Passed 8-23-99.)
(Ord. 26-99-0. Passed 8-23-99.)
(a) Site Development Plans Required. Site Development Plans shall be required for all new development within the Overlay Districts and for substantial redevelopment where 35% or more of the site is altered or reconstructed.
(b) Site Development Plan Review Fees. Fees and deposits shall be paid according to the provisions of Chapter 1199, Violations, Remedies, and Fees. The appropriate deposit shall be made at the time of submission of plans.
(c) Submission of Site Development Plans. Site plans shall be submitted to the Planning Commission by the applicant at least two (2) weeks prior to its meeting. Plans incomplete or filed late may not be accepted for review by the Commission at its meeting
(d) Site Development Plan Reviews. Upon receipt of the development plans, copies shall be distributed to the following for their review: the Zoning Inspector, the Law Director, the Engineering Department, and any planner or consultant the Commission feels is necessary for technical input. The respective individuals or agents should report back to the Commission with their notations and recommendations within the two (2) weeks. The Planning Commission may hold the plan for thirty (30) days after receipt of the plan, to receive any of the above reports. This period may be extended by written notice to the applicant by the Commission.
(e) Site Development Plan Evaluation by Planning Commission. After the site development plan has been filed with the Commission, it shall be evaluated in accordance with the standards set forth in this Chapter and the requirements of the Overlay District. If the plan corresponds to the requirements set forth in this Chapter and those of the Overlay District, the Commission shall incorporate it as part of the zoning permit and endorse the permit for approval.
(f) Plan Changes Following Approval. Once approved, no changes are to be made to an approved plan without the plan approval being forfeited unless the following procedure is followed: The holder of any approved plan may request an amendment to their plans, and such request shall be submitted to the Planning Commission. The Commission may approve minor departures to the plan through written notice to the applicant. If the Commission believes the amendment represents a departure from the intent of, or a major departure from the substance of the site development plan, then such amendment shall be subject to the same conditions and procedures of approval as the original application. For the purposes of this Section, a "major departure from the substance of a site development plan" shall include, but not be limited to, the addition of a use not included in the approved site development plan.
(g) Board of Zoning Appeals Review. If the site development plan is not approved, the applicant shall have the right to appeal the decision to the Board of Zoning Appeals in the same manner as rejection of any zoning permit application.
(h) Following Final Approval. Following the final approval of a site development plan, the Zoning Inspector shall be notified, and once all fee payments are satisfied a permit or permits shall be issued based on the plan and amendments.
(Ord. 26-99-0. Passed 8-23-99.)
(Ord. 26-99-0. Passed 8-23-99.)
(a) Purpose. The West Bank Overlay District is established to promote future development that will enhance the scenic, economic and recreational potential of the area; compensate for the unique topography by allowing for reduction in dimensional requirements; and assure that traffic circulation is safe and convenient.
(b) Uses. The following uses shall receive preferential treatment in the district: Dwellings, Restaurants, Hotels, Taverns, Resort Oriented Retail, Commercial Recreation, Noncommercial Recreation, Bed and Breakfast Establishments.
(c) Traffic. In order to provide safe and convenient access to the properties in the district, and to promote the public’s ability to enjoy Grand Lake, site development plans shall be reviewed by the Planning Commission with consideration for the safe and convenient movement of vehicular, bicycle and pedestrian traffic. Special consideration is to be given to site development plans that provide the following:
(1) Dwellings. Installation of curb and five foot sidewalk west of the existing pavement and dedication of public right-of-way for same. Increase the off-street parking for each dwelling unit to three spaces. In addition, provisions for overflow parking shall be made for any development of six dwelling units or more.
In multifamily dwellings, shared drives and joint use parking areas should be utilized where possible.
(2) Nonresidential and mixed use with residential. Installation of curb and five foot sidewalk west of the existing pavement and dedication of public right-of-way for same. Utilize rear access to the fullest extent practical, and minimize the number of drives onto West Bank Road by the use of shared drives and joint use parking areas.
(d) Dimensional Requirements. The Planning Commission may reduce the minimum dimensional requirements for preferred uses listed in subsection (b) hereof by an amount of up to twenty percent (20%) of those otherwise required if the site development plan is found to comply with conditions of subsection (c) hereof, and such reductions are not found to be in conflict with the purpose of promoting the public health, safety, morals, general welfare and conserving the value of property.
(Ord. 48-99-0. Passed 1-24-00.)