(a) General provisions.
(1) The institutional overlay district promotes cultural, educational, and medical institutions, and enhances their benefit to the community while protecting adjacent property.
(2) The following main uses may be permitted in an institutional overlay district:
-- Ambulance service.
-- Ambulatory surgical center.
-- Cemetery or mausoleum.
-- Church.
-- College dormitory, fraternity or sorority house.
-- College, university, or seminary.
-- Community service center.
-- Convalescent and nursing homes, hospice care, and related institutions.
-- Convent or monastery.
-- Day care center.
-- Foster home.
-- Halfway house.
-- Hospital.
-- Library, art gallery, or museum.
-- Medical clinic.
-- Medical or scientific laboratory.
-- Overnight general purpose shelter.
-- Post office.
-- Public or private school.
(3) All uses permitted in the underlying zoning district are allowed in an institutional overlay district.
(4) The zoning regulations of the underlying zoning district are applicable to an institutional overlay district unless otherwise provided in this section.
(b) Special yard, lot, and space regulations.
(1) In an institutional overlay district, additional setbacks, if any, for institutional buildings greater than 36 feet in height may be established by the site plan process.
(2) Buildings in an institutional overlay district must comply with applicable height regulations.
(3) If any portion of a structure is over 26 feet in height, that portion may not be located above a residential proximity slope originating in an R, R(A), D, D(A), TH, or TH(A) district. Exception: Structures listed in Section 51A-4.408(a)(2) may project through the slope to a height not to exceed the maximum structure height, or 12 feet above the slope, whichever is less.
(c) Special parking regulations.
(1) Required off-street parking for institutional uses may be located anywhere within the boundaries of the institutional overlay district or outside the district if the parking meets the requirements of Division 51A-4.320.
(2) Reserved.
(3) Reserved.
(d) Procedures for establishing an institutional overlay district.
(1) The applicant for an institutional overlay district shall comply with the zoning amendment procedure for a change in the zoning district classification.
(2) A site plan must be submitted after the institutional district is established and before a building permit or certificate of occupancy is issued.
(e) Site plan process.
(1) The building official shall not issue a building permit for additions to existing structures or for new structures except in accordance with an approved site plan and all applicable regulations.
(2) Preapplication conference. An applicant for site plan approval shall request, by letter, a preapplication conference with the director. The letter must contain a brief, general description of the nature, location, extent of the proposed institutional use and the list of any professional consultants advising the applicant concerning the proposed site plan.
(3) Upon receipt of a request, the director shall schedule a preapplication conference to discuss the proposed site plan. Based on the information provided by the applicant, the director shall:
(A) provide initial comments concerning the merits of the proposed development;
(B) state what information must be provided in the site plan application for a complete review of the proposed development; and
(C) provide any other information necessary to aid the applicant in the preparation of the site plan application.
(4) Application for site plan approval. An applicant for site plan approval shall submit to the director:
(A) a site plan application in the form prescribed by the director that contains at least the following information:
(i) The applicant’s name and address and his ownership interest in the property proposed for development.
(ii) The signatures of all owners of the property proposed for development.
(iii) The size of the parcel proposed for development, its street address, and a legal description of the property.
(iv) A statement setting forth the current uses of the property and plans for future development;
(B) ten copies of the site plan and one 8- 1/2 x 11 inch clear transparency of the site plan;
(C) copies of legal instruments guaranteeing the availability of remote off-street parking and the mode of transportation to serve that parking, and copies of any restrictive covenants that are to be recorded with respect to the institutional uses; and
(D) a site plan fee.
(5) Site plan. The applicant shall provide a site plan drawn to a scale not less than 100 feet to the inch or to a scale specified by the director, on a sheet of paper no larger than two feet by three feet. The site plan must depict the following for a complete review of the proposed development:
(A) The boundary lines and dimensions of the property, existing subdivision lots, available utilities, easements, roadways, rail lines, and public rights-of-way that cross or are adjacent to the property.
(B) Topography of the property proposed for development in contours of not less than five feet, together with any proposed grade elevations, if different from existing elevations.
(C) Flood plains, water courses, marshes, drainage areas, and other significant environmental features including, but not limited to, rock outcroppings and major tree groupings.
(D) The location and use of all existing and proposed buildings or structures.
(E) Total number and location of off-street parking and loading spaces.
(F) All points of vehicular ingress and egress and circulation within the property.
(G) Setbacks, lot coverage, and when relevant, the relationship of the setbacks provided and the height of any existing or proposed building or structure.
(H) The location, size, and arrangement of all outdoor signs and lighting.
(I) The type, location, and quantity of all plant material used for landscaping, and the type, location, and height of fences or screening and the plantings around them.
(J) Location, designation, and total area of all usable open space and any proposed improvements to the open space.
(K) Land uses and zoning districts contiguous to the property.
(L) Any other information the director determines necessary for a complete review of the proposed development.
(6) Departmental review. The director shall forward the information to the department of development services, public works, sanitation services, water utilities, and code compliance, and to any other appropriate departments. Within 30 days following receipt of a completed application for site plan approval, or for a longer time agreed to by the applicant, the departments shall review the proposed development and forward their comments, if any, in writing to the director. Upon conclusion of the departmental review, the director shall forward to the commission the application for site plan approval and the written information provided by the departments.
(A) The directors of the departments of public works, transportation, and water utilities shall prepare a written statement evaluating the impact of the proposed institutional uses on public facilities including sewers, water utilities, and streets.
(B) The director of water utilities shall prepare a written statement describing any known drainage or topography problems.
(7) Conferences and modifications during review. If the application for site plan approval meets one or more of the standards for site plan disapproval, and the director and the applicant meet to discuss the application for site plan approval, the director may accept an amended application for site plan approval.
(8) City plan commission review. The commission shall review the application for site plan approval and render its decision within 21 days from the date of referral by the director, or for a longer time that has been agreed to by the applicant. The commission shall review the application for site plan approval and may approve the application, disapprove the application, or approve the application subject to specified conditions and modifications that are permanently marked on the site plan or made a part of the site plan conditions.
(9) Standards for site plan disapproval. The commission may disapprove an application for site plan approval upon findings of fact based on one or more of the following standards:
(A) The application for site plan approval is incomplete or contains violations of this chapter or other applicable regulations, and the applicant, after written request from the director, has failed to supply the additional information or correct the violation.
(B) The proposed site plan interferes with or is in conflict with a right-of-way, easement, or any approved plan such as a thoroughfare plan or transit plan.
(C) The proposed site plan destroys, damages, or interferes with significant natural, topographic, or physical features of the site that are determined significant by the commission.
(D) The proposed site plan is incompatible with adjacent land use and detrimental to the enjoyment of surrounding property in that the proposed development would create noise above the ambient level, substantially increase traffic, or fail to provide adequate buffers.
(E) The points of egress and ingress or the internal circulation of traffic within the site creates a traffic hazard, either on or off the site.
(F) The proposed site plan creates drainage or erosion problems to the site or adjacent property.
(10) City council appeal. An applicant may appeal to city council the decision of the commission concerning an application for site plan approval by filing a written request with the director within ten days of the action of the commission.