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TABLE D-1 MINIMUM OFF-STREET PARKING REQUIREMENTS
Use | Minimum Required |
Use | Minimum Required |
Business Related Uses | |
Administrative and professional offices | One space for every 200 square feet of floor area. |
Automotive service garages | One space for each 400 square feet floor area. |
Banks, financial institutions, post office or similar use | One space for each 400 square feet floor area. |
Barber and beauty shops | One space for every 200 square feet with a minimum of three spaces. |
Car washing facility | One space for each employee. |
Funeral homes, mortuaries | Four spaces for each parlor or one for each 50 square feet of floor area, plus one for each fleet vehicle. |
Furniture and appliance stores, household equipment | One space for each 400 square feet. |
Self service laundry or dry cleaning stores | One space for each two washing or dry cleaning machines. |
Hotels and motels | One space for each sleeping room plus one for every two employees. |
Motor vehicle salesroom | One space for each 400 square feet of floor area plus one space for each employee. |
Sit down restaurants, taverns, night clubs, or similar uses | One space for every 200 square feet of floor area or one space for every three seats, whichever is greater. |
Business Related Uses | |
Retail stores | Less than 10,000 square feet: one space for every 400 square feet with a minimum of five spaces. More than 10,000 square feet: one space for every 200 square feet of retail floor area. |
All other businesses in the PB District | One space for every 200 square feet of floor area. |
Recreation | |
Auditorium, theaters, assembly halls other than schools | One space for each four seats. |
Bowling alleys | Seven spaces for each lane. |
Golf course | Twelve for each hole. |
Miniature golf course | Two for each hole and one for each employee. |
Outdoor swimming clubs, private or public | One for each ten persons of capacity, plus one for each three persons of capacity for a restaurant. |
Private clubs and lodges | One space for every three seats. |
Tennis facilities, racquet or similar use | Two spaces for each playing area, one space for each employee and one space for each 100 square feet of other activity area. |
Institutional | |
Churches and schools | One space for each four seats in a gym or auditorium (where individual seats are not provided, each 20 inches of benches or other similar seating shall be considered as one seat) or for each 12 classroom seats, whichever is the greater. |
Doctor's office | One space for every 100 square feet plus one space for each examination room. |
Hospitals | One space for each bed (bassinets are not considered in this figure). |
Institutional | |
Libraries, museums, art galleries | One space for every 300 square feet. |
Medical or dental clinics | One space for each 150 square feet floor area. |
Sanitariums, nursing homes, rest homes or similar use | One space for every three beds. |
Manufacturing | |
Manufacturing plants, research or testing laboratories | One space for each two employees in the maximum working shift, or each 1200 square feet of floor area, whichever is greater, plus at least ten customer spaces per plant. |
Wholesale establishments or warehouses | One space for each three employees on maximum shift or for each 3000 square feet of floor area whichever is greater. |
Residential | |
Multiple dwellings | Four spaces for each three dwelling units. |
One- and two-family dwellings | Four spaces for each family or dwelling unit exclusive of any area as a turnaround. |
Uses not listed | In the case of any building, structure or premises; the use of which is not specifically mentioned herein, the provisions for a use which is so mentioned and to which said use is similar shall apply. |
(A) Purpose. It is found and determined that parks and recreational facilities are equally as vital to the public good as streets and sidewalks, water and sanitary sewer systems, and other required public improvements and physical facilities. Therefore, the public health, safety, and welfare require that at least ten acres of property for each 1,000 persons residing within the planning jurisdiction, as defined in this section, be devoted to and developed for park and recreational purposes, and the same has been adopted by the City Master Plan, and is established as the park land standard for all purposes of this section.
(B) Statement of policy. With respect to subdivisions and development to which this chapter applies, all of the area required to meet the ten acres per 1,000 persons park land standard shall be deeded to the city and developed for park and recreational purposes by or at the expense of the subdividers or developers of the subdivision or developments in which the persons reside.
(C) Definitions. For the purpose of this Appendix the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(1)
DEVELOPER. Any person, corporation, association, partnership, or other entity that creates or proposes to create a development all or a portion of which will be located within the planning jurisdiction, as that term is defined in this section.
(2)
DEVELOPMENT. A subdivision of the kind known as a planned development, planned unit development, or single parcel development.
(3)
PARKS AND RECREATIONAL CAPITAL IMPROVEMENT FUNDS. The funds established pursuant to this section.
(4)
PARKS AND RECREATIONAL FACILITIES. All types of open space, parks, athletic fields, playgrounds, and other facilities for recreational uses of any and all kinds.
(5)
PLANNING JURISDICTION. The geographical area over which the Planning Commission has, or from time to time shall have, jurisdiction for planning purposes.
(6)
SUBDIVIDER. Any person, partnership, association, corporation, or other entity that creates or proposes to create a subdivision, all or a portion of which will be located within the planning jurisdiction.
(7)
SUBDIVISION. The division or redivision of any parcel of land shown as a unit or contiguous units on the last preceding tax roll, into two or more lots, tracts, or parcels, any one of which is less than five acres, and as further defined according to the subdivision rules and regulations of the city.
(8)
SUBDIVISION RULES AND REGULATIONS. Chapter 151 of this code, as amended by the city providing regulations for land subdivisions within the city.
(D) Provision of parks and recreational facilities. Every subdivider or developer who files with the Planning Commission a preliminary plat for land within the planning jurisdiction within R-1, R-2, or R-3 Districts after the effective date of this section and who has not theretofore filed any preliminary map in respect to subdivision or development, shall either dedicate a portion of the land, pay a fee in lieu of land dedication, or dedicate land and pay a fee in lieu of land dedication as set forth in this section and pay a development fee, all as provided in this section, for the purpose of providing park and recreational facilities to serve future residents of each subdivision or development.
(E) Choice of land or fee. The City Council, upon receipt of the recommendations from the Planning Commission and the Park and Recreation Commission, shall determine whether a subdivider or developer shall dedicate land, pay a fee in lieu of land dedication, or provide a combination of land dedication and fee payment. In making the above referenced determination, the following procedure shall apply:
(1) Filings. At the time of filing a preliminary plat map pursuant to subdivision rules and regulations or a development plan for approval, each subdivider or developer shall, as a part of such filing, indicate whether he plans to dedicate land for park and recreational purposes, to pay a fee in lieu of dedication, or to meet the requirements of this chapter by a combination of land dedication and fee payments. If the subdivider or developer plans to dedicate land, he shall indicate the area he desires to dedicate on the preliminary plat map or development plan.
(2) City Council determination. After the Planning Commission and Park and Recreation Commission have reviewed the preliminary plat maps and development plans, they shall recommend to Council whether the plans of the subdivider or developer to dedicate the land, pay a fee in lieu of dedication, or to provide a combination of land dedication and fee payment are acceptable. Insofar as practicable, the recommendations shall be compatible with the city park and recreation plan.
(3) Minimum dedication. Notwithstanding any other provisions of this section, no dedication of land shall be required, and a fee in lieu shall be paid in the event the amount of dedication required by this section would be less than one acre, except in the event the land so dedicated could be added to the adjoining, contiguous land area of an existing park or recreational facility. This consideration shall not be construed to prohibit the voluntary dedication of land by subdividers and developers in addition to the requirements imposed by this section.
(4) Criteria. In making their recommendations and determination, the Planning Commission, Park and Recreation Commission, and Council shall utilize the following criteria:
(a) Unity. Dedicated land must form a single parcel of land, except in the event the City Council determines that two or more parcels would be in the best public interest.
(b) Shape and topography. The shape of the dedicated parcel of land must be sufficiently geometric to be usable for recreational activities such as softball, tennis, football, and other active recreational pursuits. In addition, steep slopes, streams, lakes, watercourses, and floodplains may constitute a maximum of 40% of the dedicated land, and a minimum of 60% of the recreational use. In this latter regard, 50% of the dry ground recreational area shall not exceed 3% grade, and the remaining dry ground recreation area shall not exceed 5% grade. This requirement may be waived, in whole or in part, if Council, upon recommendation determines that the recreational needs of any subdivision are adequately met by other dedicated parcels or existing recreational facilities; and that this requirement may be waived, in whole or in part, if Council, upon receipt of the recommendations from the Planning Commission and Park and Recreation Commission, determines that, although certain land areas to be dedicated are not usable for dry ground recreational use, such areas are of unique natural beauty or environmental or historic value.
(c) Location. Dedicated land must be generally centrally located in order to serve the recreation and open space needs of the subdivision or development for which the dedication was made. The recreation land in a subdivision or development must be located so that it is reasonably accessible from all dwelling units within the subdivision.
(d) Access. Public access and maintenance access to the dedicated land shall be provided as approved by the Commission.
(e) Preservation of natural beauty. In all instances, natural features of scenic beauty such as: trees, plant life, brooks and other watercourses, topography, historic locations, views, and similar conditions which, if preserved, will add attractiveness and value to the dedicated land shall be considered and preserved in the dedication of open space and parks and recreation areas.
(F) Amount of park land to be provided. In order to meet the purposes and policies of this section pertaining to park land, it was assumed that in R-1, R-2, and R-3 Districts there exists an average of 3.5 persons per lot. Using this assumption, policies established herein, the following formula shall be used to calculate the minimum park land area requirements:
A = L x 1524.62 square feet
Where: "A" = minimum area (in square feet) of parkland to be dedicated by the developer or subdivider.
"L" = total number of lots* in subject
subdivision.
subdivision.
*In subdivisions or developments where other than single-family dwellings are permitted, lots which meet the ordinance requirements for more than single-family dwellings shall be considered as multiple lots depending upon the maximum number of units allowed on the particular lots by this zoning code.
(G) Fee in lieu of dedication. In the event that Council, upon receipt of the recommendations from the Planning Commission and the Park and Recreation Commission, determines that a subdivider or developer must pay a fee in lieu of land dedication, the amount of such fee shall be determined by the following formula:
F = A x V
Where: "F" = Fee in lieu of land dedication
"A" = Land Area (in acres) that would otherwise be required to be dedicated per division (E) above.
"V" = Fair Market Value* per acre of the
subject land.
subject land.
*Fair Market Value shall be determined per division (I) below.
(H) Park development fee.
(1) Amount of development fee. In addition to the dedication of land, payment of a fee in lieu of dedication, or a combination of dedication and fee payment, each subdivider and developer shall be required to pay a park development fee. The amount of the park development fee shall be equal to one-third of the total fair market value of land required to be dedicated with respect to any subdivision or development in accordance with division (F) above.
(2) Determination of fair market value. Fair market value shall be determined in accordance with division (I) below.
(3) Credit for voluntary dedication. In the event a subdivider or developer dedicates land in addition to the land required to be dedicated pursuant to division (F) above, subject to the approval of the Council, the subdivider or developer shall receive credit against the amount of the development fee otherwise required by this division equal to the fair market value of the additional land to be dedicated.
(4) Sidewalks. Sidewalks along one side cul-de-sac streets may be waived by the Planning Commission if the developer installs sidewalks within the park land provided under the requirements of this section in such a manner as to provide a circulation system which, in the judgment of the Commission adequately serves the park land and the residences in the area.
(I) Determination of fair market value. For the purposes of this section, fair market value shall be determined as follows:
(1) Time for determination. Fair market value shall be determined as of the time of filing the final plat map or final development plan with the Planning Commission.
(2) Method of value determination. Fair market value shall equal the average value per acre of all land in each subdivision or development in its raw, undeveloped state, determined by application of one of the following procedures:
(a) By agreement between the subdivider or developer and the City Council, or
(b) In the event the subdivider or developer objects to the above method of valuation, by a three-member board of appraisers, one of whom shall be appointed and paid by the City Council, one of whom shall be appointed and paid by the subdivider or developer, and one of whom shall be selected by the two appraisers so appointed. The City Council and developer or subdivider shall equally share the cost of the third member. The decision of a majority of such board shall be final.
(J) Credit for private open space.
(1) Allowance of credit. In the event a subdivider or developer provides developed private open space for park and recreational purposes, and the space is to be privately owned and maintained by the future residents of the subdivision or development, and in the event the Council determines that the private open space adequately fulfills the park and recreation needs of the proposed subdivision or development, the fair market value of the proposed subdivision or development, the fair market value and actual cost of the improvements of such areas shall be credited against the land dedication and park development fee requirements of this chapter.
(2) Maximum credit. Credit shall be allowed up to 100% of the total required land dedication or fee in lieu requirements, and up to 100% of the total required park development fee.
(3) Standards and limitations. Notwithstanding division (J)(1) and (2) above, the credit for private open spaces shall be allowed only if the following standards are met:
(a) Yards, court areas, setbacks, and other open areas required to be maintained by the zoning code shall not be included in the computation of private open space;
(b) Private ownership, development, and maintenance of the open space shall be assured by valid and enforceable undertakings on the part of the subdivider or developer, or otherwise;
(c) The use of the private open space is restricted for park and recreation purposes by recorded covenants that run with the land in favor of the future owners of property within the subdivision or development, and which cannot by their terms be defeated or eliminated without the consent of the City Council;
(d) The proposed private open space is reasonably adaptable for park and recreational uses, taking into consideration such factors as size, shape, topography, geology, access, and location of the private open space land; and
(e) Facilities proposed for the private open space are reasonably compatible with those required by the city park and recreation plan.
(K) Reduction in minimum lot size and width. If the developer provides five acres or more, Council may, after Planning Commission and Park and Recreation Commission review and recommendation, allow lots within the preliminary plat to be reduced in area by a maximum of 1500 square feet and by a maximum of five feet in width, provided the open space is increased by an area equal to the aggregate lot area reduction within the plat, and that only those lots contiguous with the subject park land or dedication access parcels leading to the park land receive such reduction.
(L) Treatment of land to be dedicated. Procedure for the dedication of land and payment of fees:
(1) Land to remain unaltered. Following the approval of a preliminary plat map or development plan which designates land for dedication, the existing vegetation, except growing commercial crops other than growing timber, topography, features of historic value, stream courses, soil, rock strata, and other natural features of the dedicated land shall not be altered or their condition adversely affected in any way without the consent of the Council, upon recommendation from the Planning Commission and the Park and Recreation Commission.
(2) Deed. Dedication of land to the city shall be by a general warranty deed conveying to the city, its successors and assigns, good and marketable title to the real estate described in the deed, free and clear of all liens and encumbrances. This deed shall be executed and delivered to the city for recording prior to the approval of the final plat map of any section or any portion of the subdivision or development, the boundary of which is contiguous with the proposed park and recreational facility. Open space covenants for private park or recreational facilities shall be submitted to the city prior to approval of the final plat map or development plan, and shall be recorded contemporaneously with the final plat map or development plan. In the event fees, including the park development fee, are required, 10% of the amount thereof shall be deposited with the city prior to the approval and recording of the final plat map or development plan, and the balance shall be due and payable one year from such date, or at the time the first occupancy permit is issued with respect to the subdivision or development, whichever may occur first. In no event shall any occupancy permit be granted with respect to the subdivision or development until all fees are deposited with the city.
(M) Limitation on use of lands and fees. Any land and fees received by the city pursuant to this section shall be used only for the purpose of providing park and recreational facilities to serve the area in which the subdivision or development concerned is located. Fees paid pursuant to this section shall be deposited in a parks and recreation capital improvement fund to be used for recreational facilities. No part of such fees shall be used for the purpose of paying salaries, wages, other general operating expenditures except when city forces are used to develop the respective park site. Fees received may be expended only in connection with the subdivision or development they are meant to benefit. Parks and recreational facilities so developed shall continue to be maintained so long as the subdivision or development they are meant to benefit remains in use.
(Ord. 10-1986, passed 5-19-86)
Notice of Public Hearing | |||||
Type of Action | Public Hearing Required | Legal | Sign | Letter | Required Action Date |
Nonconforming use/structure | Yes | Note 1 | Note 5 | Note 6 | Note 3 |
Temporary use/structure | Yes | Note 1 | Note 5 | Note 6 | Note 3 |
Zoning map interpretation | Yes | Note 1 | Note 5 | Note 6 | Note 3 |
Zoning text interpretation | Yes | Note 1 | Note 5 | Note 6 | Note 3 |
Administrative review | Yes | Note 1 | Note 5 | Note 6 | Note 3 |
Zoning code variance | Yes | Note 1 | Note 5 | Note 6 | Note 3 |
Revocation of variance | Note 2 | Note 1 | Note 5 | Note 6 | Note 3 |
Special exception | Yes | Note 1 | Note 5 | Note 6 | Note 4 |
WMSC code variance | Yes | Note 1 | Note 5 | Note 6 | Note 3 |
Recommended zoning code amendment | No | NA | NA | NA | Note 8 |
Recommended develop plan approval | No | NA | NA | NA | Note 8 |
Recommended master plan amendment | No | NA | NA | NA | Note 8 |
Recommended zone change | No | NA | NA | NA | Note 8 |
Minor revision to develop plan | No | NA | NA | NA | Note 7 |
Recommended substantial revision to develop plan | No | NA | NA | NA | Note 8 |
Sign code variance | No | NA | NA | NA | Note 9 |
Sign code interpretations and appeals | No | NA | NA | NA | Note 9 |
Note 1: One publication of a notice in a daily newspaper of general circulation within the city a minimum of ten days prior to the hearing.
Note 2: Optional public hearing (See § 150.17l(G))
Note 3: Within 30 days after the date of the completion of the hearing, the Planning Commission shall either approve or deny the request.
Note 4: Within 50 days after the date of the completion of the hearing, the Commission shall either approve or deny the request.
Note 5: When the issue affects only limited numbers of specific parcels as opposed to affecting the entire city or district or similar area, the Community Development Department may, at least ten days prior to the public hearing, to post a sign on the property line adjoining each public street or along the two property lines closest to public streets or rights-of-way if the property affected does not adjoin a public street. In all cases, the sign shall be unobstructed from public view from the street or public right-of-way. Such signs shall be provided by the City Manager, and shall refer to the proposal affecting the subject property and the time and place of the public hearing. The sign shall be installed in such a manner as to withstand reasonable weather conditions. The City Manager shall establish a reasonable fee for the cost of the signs which shall be paid by the applicant.
Note 6: When the issue affects only limited numbers of specific parcels as opposed to affecting the entire city or district or similar area, the city shall notify the applicant and the land owners required to be listed on the application by regular mail at least ten days prior to the public hearing.
Note 7: Within 50 days after receipt of application and all necessary plans and data required by this chapter unless City Council on its own motion extends the time limitation for specific periods of time when it considers the extension is warranted.
Note 8: No later than the last regularly scheduled Planning Commission meeting prior to the Council hearing on the matter. However, City Council may (upon its own motion) extend the time limitation for specified periods of time when it considers the extension is warranted.
Note 9: Within 30 days after receipt of complete application.
(Am. Ord. 12-1998, passed 8-3-98)
It is the intent of the City Council, Planning Commission, and Economic Development Commission, that the development of the Towne Center Special Planning Area will meet the goals of creating a highly usable and desirable identity for the area as the center of the city while retaining compatibility with the surrounding areas, livability within the development itself through flexibility within the administration of the codes and ordinances to assure the marketability of the project to developers, builders, and the public.
(Ord. 10-1986, passed 5-19-86)
Uses within each of the SPA-1 Subdistricts as depicted on the conceptual development plan shall be governed by this section.
(A) SPA-1 Subdistrict A. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
(1) Principal permitted uses. (Reserved for future modifications.)
(a) Administrative offices. In addition to the uses in Appendix B, general office functions of most uses are principal permitted uses in this Subdistrict.
(b) Multi-family residences. Multi-family structures which are integrated into other nonresidential structures or multi-family dwellings incorporated into structures containing nonresidential uses.
(2) Special exceptions. (Reserved for future modifications.)
(3) Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
(4) Prohibited uses. (Reserved for future modifications.)
(B) SPA-1 Subdistrict B. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
(1) Principal permitted uses.
(a) Administrative offices. In addition to the uses in Appendix B, general office functions of most uses are principal permitted uses in this Subdistrict.
(2) Special exceptions. (Reserved for future modifications.)
(3) Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
(4) Prohibited uses. (Reserved for future modifications.)
(C) SPA-1 Subdistrict C. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
(1) Principal permitted uses.
(a) Administrative offices. In addition to the uses in Appendix B, general office functions of most uses are principal permitted uses in this Subdistrict.
(2) Special exceptions. (Reserved for future modifications.)
(3) Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
(4) Prohibited uses. (Reserved for future modifications.)
(D) SPA-1 Subdistrict D. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
(1) Principal permitted uses.
(a) Administrative offices. In addition to the uses in Appendix B, general office functions of most uses are principal permitted uses in this Subdistrict.
(2) Special exceptions. (Reserved for future modifications.)
(3) Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
(4) Prohibited uses. (Reserved for future modifications.)
(E) SPA-1 Subdistrict E. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
(1) Principal permitted uses.
(a) Administrative offices. In addition to the uses in Appendix B, general office functions of most uses are principal permitted uses in this Subdistrict.
(2) Special exceptions. (Reserved for future modifications.)
(3) Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
(4) Prohibited uses. (Reserved for future modifications.)
(F) SPA-1 Subdistrict F. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code or as modified by this section.
(1) Principal permitted uses.
(a) Administrative offices. In addition to the uses in Appendix B, general office functions of most uses are principal permitted uses in this Subdistrict.
(2) Special exceptions. (Reserved for future modifications.)
(3) Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
(4) Prohibited uses. (Reserved for future modifications.)
(G) SPA-1 Subdistrict G. No building, structure, or land shall be used for any purpose except as indicated by this section.
(1) Principal permitted uses.
(a) Multi-family dwellings. In structures containing a maximum of 24 dwelling units.
(2) Special exceptions. (Reserved for future modifications.)
(3) Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
(4) Prohibited uses. (Reserved for future modifications.)
(H) SPA-1 Subdistrict H. No building, structure, or land shall be used for any purpose except as indicated by this section.
(1) Principal permitted uses, recreational. Public parks, playgrounds, recreational and community center buildings and public golf courses, tennis courts, and similar recreational uses, all of a noncommercial nature; provided that any principal building or swimming pool shall be located not less than 100 feet from any lot or property line.
(2) Special exceptions. (Reserved for future modifications.)
(3) Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
(4) Prohibited uses. (Reserved for future modifications.)
(I) (Reserved for future modifications.)
(J) SPA-1 Subdistrict J. No building, structure, or land shall be used for any purpose except as indicated by this section.
(1) Principal permitted uses: Public or private park land, unimproved open space, improved open space for public purposes such as the provision of storm water detention or retention.
(2) Special exceptions. (Reserved for future modifications.)
(3) Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
(4) Prohibited uses. (Reserved for future modifications.)
(K) SPA-1 Subdistrict K. No building, structure, or land shall be used for any purpose except as indicated in Appendix B of the Zoning Code for the PB (Planned Business) District or as modified by this section.
(1) Principal permitted uses. (Reserved for future modifications.)
(2) Special exceptions. (Reserved for future modifications.)
(3) Accessory uses. Accessory uses, buildings, and structures customarily incidental to any of the aforesaid principal permitted uses and special exceptions on the same lot therewith.
(4) Prohibited uses. (Reserved for future modifications.)
(Ord. 10-1986, passed 5-19-86; Am. Ord. 33-1986, passed 9-15-86; Am. Ord. 44-1986, passed 12-1-86) Penalty, see § 150.999
No building permit shall be issued nor any plans be approved for zoning compliance for real estate in any of the "SPA-1" Subdistricts unless a final development plan, as defined and as governed by the procedures contained in this section is approved as being in substantial compliance with the approved conceptual development plan (see § G7, Exhibit G-1) and associated standards and requirements contained or referenced in this Appendix. The application for a development plan or a zone change approval of SPA-1 Zone may be accomplished in one of the following ways: Submission of a conceptual development plan. Note: This option applies only in cases where the proposal is not consistent with the existing approved conceptual development plan; submission of a preliminary development plan for all or a portion of a tract covered by the existing conceptual development plan; or simultaneous submission of preliminary development plan and a final development plan for all or a portion of the sites covered by the existing conceptual development plan.
(A) Conceptual development plan and zone change approval procedures. Every amendment or supplement to the SPA-1 District incorporating a development plan as an integral part of the zoning regulations applicable to the SPA-1 District shall be governed by the procedures included in this section in lieu of the similar procedures set out in §§ 150.190 through 150.192. Whenever the public necessity, convenience, general welfare, or good zoning practice require, the City Council may, on its own motion or after recommendation thereon by the Planning Commission and subject to the procedure provided in this section, amend, supplement, or change the regulations, district boundaries, or classifications of property, now or hereafter established by this section or amendments thereof. It shall be the duty of the Commission to submit to the Council its recommendations regarding all applications or proposals for amendments or supplements. An amendment, supplement, reclassification, or change may be initiated by motion of the Council, by motion of the Commission, or by the filing of a verified application for same by one or more of the owners or lessees of property within the area proposed to be changed or affected by the proposed amendment or supplement.
(1) Submission of development plans. Any request for approval of an SPA-1 Conceptual Development Plan or a substantial revision to the existing SPA-1 Conceptual Development Plan shall be submitted to the Planning Commission for its review and shall be accompanied by a development plan as defined by this chapter, covering all parts of the tracts in question. Applications shall be submitted to the Planning Commission upon such forms specified by the Zoning Administrator and shall be accompanied by such data and information as will assure the fullest practicable presentation of facts for the permanent record together with the names and addresses of the property owners as found in the real estate department of the County Auditor's office of all abutting properties, all properties directly across any adjacent street right-of-way and the name and address of the applicant and the nature of his interest in the property. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications for zone changes initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the Council shall be accompanied by its resolution pertaining thereto.
(2) Establishing Council public hearing. The Community Development Director shall forward the application to the Clerk of Council who shall, upon receipt of such application, set a Council public hearing on such proposed amendment or supplement, which date shall be not more than 60 days from the filing date.
(a) Hearing notice. Notice of such public hearing shall be given by the Council at least 30 days prior to the hearing by each of the following methods:
1. Newspaper. By one publication in a newspaper of general circulation in the city.
2. Mail. Notices shall be mailed by first class mail to the landowners required to be listed on the application and to the applicant.
3. Signs. The posting of a sign on the property line adjoining each public street or along two property lines closest to public streets or rights-of-way if the property affected does not adjoin a public street. In all cases, the signs shall be unobstructed from public view from the street or public right-of-way. The sign shall be provided by the City Manager and shall refer to the proposal affecting the property and the time and place of the public hearing. The sign shall be installed in such a manner as to withstand reasonable weather conditions.
(b) Planning Commission staff review and worksession.
1. During the period between initial application and the scheduled Planning Commission worksession, the Staff Review Committee (SRC) shall review the development plan and other required submissions to determine their compliance with the provisions of this Appendix, generally accepted planning principles, plus Commission policies and other reviewing agencies. The Commission may adopt any existing publications as standards for use by the SRC.
2. The SRC will then work with the applicant in an attempt to eliminate any conflicts which were detected in the above review prior to the date of the worksession at which time the SRC will report to the Commission the progress to date and any remaining unsolved problems or concerns.
(c) Planning Commission recommendations. The Planning Commission shall, after receipt of application and all necessary plans and data required by this chapter, recommend the approval or denial of the proposed amendment, supplement, district change, or approval of some modification thereof and shall submit such recommendation together with such application, the text and map pertaining thereto to the Council in accordance with the requirements of Appendix F. Failure to meet the deadline shall be interpreted as a positive recommendation. Exception: City Council may, upon its own motion, extend the time limitation for specified periods of time when it considers the extension is warranted.
(d) Council action. No later than the second Council meeting after the required public hearing, the Council shall either adopt or deny the recommendations of the Planning Commission or adopt some modification thereof by a majority vote of all members of Council.
(e) Zone change. If the boundary of the revised conceptual plan is different from the existing boundary of the SPA-1 District; the zoning map shall upon approval of the revised conceptual development plan also be amended indicating the exact boundaries of the zone change approved.
(B) Preliminary development plan approval procedures. The preliminary development plan approval is similar to that of the conceptual with the exception that the required Council public hearing and approval are waived when the preliminary development plan is in substantial conformance with the approved conceptual development plan.
(1) Submission of development plans. Any request for approval of an SPA-1 development plan shall be submitted to the Planning Commission for its review and shall be accompanied by a development plan as defined by this chapter, covering all parts of the tracts in question. Application shall be submitted to the Planning Commission upon such forms specified by the Zoning Administrator. Each application shall be verified by at least one of the owners or lessees of property within the area proposed to be reclassified, attesting to the truth and correctness of all facts and information presented with the applications. Applications initiated by the Planning Commission itself shall be accompanied by its motion pertaining to the proposed amendment. An application initiated by the Council shall be accompanied by its resolution pertaining thereto.
(2) Staff Review Committee.
(a) During the period between initial application and the scheduled Planning Commission worksession, the Staff Review Committee (SRC) shall review the development plan and other required submissions to determine their compliance with the provisions of this Appendix, generally accepted planning principles, plus Commission policies and other reviewing agencies. The Commission may adopt any existing publications as standards for use by the SRC.
(b) The SRC will then work with the applicant in an attempt to eliminate any conflicts which were detected in the above review prior to the date of the worksession at which time the SRC will report to the Commission the progress to date and any remaining unsolved problems or concerns.
(3) Planning Commission action. The Planning Commission shall, after receipt of application and all necessary plans and data required by this chapter, approve or deny the preliminary development plan or approve some modification thereof no later than the third regularly scheduled Planning Commission meeting date following the date of a complete submission. Failure to meet the deadline shall be interpreted as a positive recommendation. Exception: City Council may, upon its own motion, extend the time limitation for specified periods of time when it considers the extension is warranted.
(C) Final development plan approval procedures. The final development plans and improvement plans shall be approved by the Commission only if it is found to be in substantial agreement with the approved conceptual development plan and preliminary development plan. The approval process is identical to that of a preliminary development plan.
(D) Revision to approved plan. After the final development plan has been approved by the Commission, the following provisions will apply to any changes to that plan:
(1) Minor revisions. In the course of carrying out this final plan, adjustments or minor rearrangements of buildings, parking areas, loading areas, entrances, heights of structures, or yards may be requested by the proponents, and provided the requests conform to the standards established by the conceptual development plan and this chapter, such adjustments or rearrangements may be authorized by the Staff Review Committee. The SRC may, on its recommendations, defer approval of specific minor revisions to the Planning Commission.
(2) Substantial variations. Any application for a substantial variation from the approved preliminary or final development plan involving a new plan, additional buildings or structures, changes in land use or density increases shall be submitted to the same review process as the final development plan. When changes are such that the resulting plan would not be consistent with the existing conceptual development plan, the applicant must start at the conceptual development plan stage.
(E) Time limitations of approvals.
(1) Zoning. Once the SPA-1 District has been created, it can be changed only through the zoning code provisions for a zone change.
(2) The conceptual development plan. The plan shall remain in effect until changed by ordinance of Council through the process described herein for the review and approval of a conceptual development plan.
(3) Preliminary development plan. Approval of the preliminary development plan shall be an approval of the design features of the tract only and the City Engineer or other officials having jurisdiction may modify engineering or construction details as may be necessary for the protection of the public interest. The preliminary development plan approval shall be valid for a period of 12 consecutive calendar months only. The preliminary plat shall be subject to required annual review to bring the remaining portions of the preliminary development plan not currently part of an approved final development plan, record plat or approved improvement plan into compliance with the zoning ordinance in effect on the date of the renewal.
(4) Improvement plan. Improvement plan (when required by the subdivision rules and regulations), within five years of the approval of the improvement plans, construction shall be initiated on same. Construction of all improvements approved as part of the improvement plan shall be completed within three years from the date of approval of the commencement of the work, unless good cause can be shown for the granting of an extension of time, which extension shall be made by Council.
(5) Final development plan. The final development plan shall remain valid for a period of three years after it is approved. An extension of time may be authorized by Council provided that the request is first referred to the Planning Commission for study and recommendation.
(Ord. 10-1986, passed 5-19-86)
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