(A) Purpose. The purpose of a comprehensive planned development is to permit diversification in the type and location of structures in accordance with sound planning concepts and to better serve the public interest by introducing flexibility into zoning regulations. This section applies to the Comprehensive Planned Development District. In the Comprehensive Planned Development District the uses set out in division (D) of this section are permitted after approval. A Comprehensive Planned Development District shall mean a development of one or more tracts of land involving a combination of land uses and containing at least 20 acres of land. Comprehensive planned developments are of a substantially different character that specific and additional standards and exceptions are hereby set out.
(B) General procedure.
(1) Each Comprehensive Planned Development District shall be developed pursuant to a general plan of site development for the Comprehensive Planned Development District (hereinafter called “the plan”). The plan shall be designed so that the Comprehensive Planned Development District to be developed pursuant thereto shall afford space for appropriate commercial, residential and/or community facilities.
(2) The procedure for establishing an area as a Comprehensive Planned Development District shall be the same as for the establishment of zoning districts under this chapter; that is, by amendment to this DO. Said procedure only applies to the intitial rezoning of the parcel to the CPD classification.
(3) The applicant proposing the Comprehensive Planned Development District shall submit to the city 15 copies of the plan when the application for the district amendment is made. The plan shall be prepared by an architect, or an engineer, duly registered to practice in this state, or a municipal planner, landscape architect or other who is qualified in the opinion of the city.
(4) At the time of plan submittal, the applicant proposing the comprehensive planned development must pay applicable fees (see Fee Schedule, Appendix A).
(5) A notice that the plan is on file at the City Clerk’s office shall be recorded with the County Recorder regardless of whether a subdivision is proposed and the plan shall show building lines, common land, streets, easements and other applicable features. The plan may be modified or revised at any time prior to final action by the City Council adopting the amendment establishing the area as a Comprehensive Planned Development District, and no additional public hearing on the application for the amendment shall be required even though the revisions or modifications are made after the initial public hearing unless the City Council directs that an additional public hearing be held.
(6) The Comprehensive Planned Development Districts may be developed in stages. When the development is by stages, the plan of stage one shall be prepared along with a preliminary plan of the balance of the total district designating the type of use in each area, such as commercial, residential and community facilities. Before any subsequent stage is developed, the plan of that stage shall be prepared and submitted to the city. A public hearing shall be held by the Planning and Zoning Commission and its recommendations, along with the plan, shall be submitted to the City Council.
(C) Annexation agreement. In lieu of the procedures provided in division (B) above upon the filing of an annexation petition, the city may approve an area for a Comprehensive Planned Development District based upon a general plan of development, generally locating the areas to be developed for specified uses with the restrictions and modifications provided for in an annexation agreement as the city deems necessary in order to better serve the public interest. The approval of an area for a Comprehensive Planned Development District shall be binding upon the city and the applicant; provided, however, that prior to the issuance of any building permits, all codes or ordinances of the city then in effect or as modified by the terms of the annexation agreement shall be complied with.
(D) Permissive uses. Permissive uses of land or buildings, as hereinafter listed, shall be permitted in the Comprehensive Planned Development District as approved under the site plan process. No building or land within the Comprehensive Planned Development District shall be devoted to any use other than uses permitted hereunder.
The following uses are permitted in the Sandburg Mall Comprehensive Planned Development District |
The following uses are permitted in the Sandburg Mall Comprehensive Planned Development District | ||
Commercial: | ||
(1) | Animal hospital/veterinary clinic for the care and treatment of domestic pets and animals only when kennels are located entirely within the building and are sound-proofed; | |
(2) | Animal shelter or obedience school; | |
(3) | Antique shop; | |
(4) | Archery range (indoor); | |
(5) | Archery range (outdoor); | |
(6) | Art and school supply store; | |
(7) | Art gallery or studio; | |
(8) | Assembly/banquet hall/meeting hall; | |
(9) | Auction house; | |
(10) | Automobile repair shop; | |
(11) | Automobile, tire, battery and accessory store (free-standing or attached); | |
(12) | Bait shop; | |
(13) | Bakery (retail); | |
(14) | Barber shop; | |
(15) | Beauty shop; | |
(16) | Bed and breakfast; | |
(17) | Bicycle sales and service; | |
(18) | Boat sales, rentals, storage or service; | |
(19) | Bookstore; | |
(20) | Butcher, fish market (retail); | |
(21) | Camera and photographic supply store; | |
(22) | Candy and ice cream store; | |
(23) | Car wash; | |
(24) | Carpet and rug store; | |
(25) | Catering service; | |
(26) | Child care center, pre-kindergarten, kindergarten, play, special and other schools; | |
(27) | China and glassware store; | |
(28) | Clinic; | |
(29) | Clothing store; | |
(30) | Cocktail lounge, bar, tavern or nightclub; | |
(31) | Coffee, café, teahouse; | |
(32) | Copy shop; | |
(33) | Craft and hobby shop; | |
(34) | Crematory; | |
(35) | Day care home; | |
(36) | Department store; | |
(37) | Display and salesroom; | |
(38) | Dressmaker; | |
(39) | Electrical, electronic and/or appliance stores;> | |
(40) | Farming, aquaponic (indoor) | |
(41) | Farming, hydroponic (indoor) | |
(42) | Farming, rooftop | |
(43) | Farming, urban (indoor) | |
(44) | Filling/service station or quick lube establishment; | |
(45) | Financial institution; | |
(46) | Flower and plant shop; | |
(47) | Funeral home or mortuary; | |
(48) | Furniture store; | |
(49) | Furrier shop; | |
(50) | Garden supply store; | |
(51) | Gift shop; | |
(52) | Golf driving range; | |
(53) | Greenhouse; | |
(54) | Grocery store; | |
(55) | Hardware store; | |
(56) | Health club, gymnasium or spa; | |
(57) | Health food store; | |
(58) | Hotel/motel; | |
(59) | Interior decorating shop; | |
(60) | Jewelry store; | |
(61) | Laboratory research testing; | |
(62) | Laundromat; | |
(63) | Leather and luggage stores; | |
(64) | Liquor store; | |
(65) | Locksmith; | |
(66) | Mail-order store; | |
(67) | Manufactured home sales, service; | |
(68) | Motorcycle sales, service; | |
(69) | Musical instrument sales and service;> | |
(70) | Nursery/garden center (retail); | |
(71) | Office equipment and supplies, sales/service; | |
(72) | Packaging products and service; | |
(73) | Paint and wallpaper store; | |
(74) | Parking lot; | |
(75) | Pawn shop; | |
(76) | Personal service shop; | |
(77) | Pet shop (no outside runs); | |
(78) | Pharmacy/drug store; | |
(79) | Photography studio; | |
(80) | Picture frame sales and service; | |
(81) | Plumbing supplies and fixtures, sales and service (retail); | |
(82) | Radio or television broadcasting station or studio (no towers); | |
(83) | Recreational vehicles sales, storage or service; | |
(84) | Rental of equipment and supplies; | |
(85) | Restaurant, with or without drive-through; | |
(86) | Shoe repair; | |
(87) | Shoe store; | |
(88) | Sign shop; | |
(89) | Sporting goods store; | |
(90) | Stationery store; | |
(91) | Storage (mini-self service); | |
(92) | Studio for the instruction of photography, music, drama or dance; | |
(93) | Tailor; | |
(94) | Theater (not including drive-in theaters); | |
(95) | Toy store; | |
(96) | Trade or business school; | |
(97) | Travel bureau or agency; and | |
(98) | Warehouse and storage building | |
Residential: | ||
(1) | Community residence (group) - see § 152.114 for conditions; | |
(2) | Multi-family dwellings; | |
(3) | Nursing home/assisted living center/supportive living facility; | |
(4) | Single-family dwelling (attached); | |
(5) | Single-family dwelling (detached); and | |
(6) | Two-family dwelling/duplex. | |
Community Facilities: | ||
(1) | Ambulance service; | |
(2) | Boat launching ramp/marina; | |
(3) | Civic theater; | |
(4) | Club or lodge (private); | |
(5) | Commercial recreational use; | |
(6) | Community facilities; | |
(7) | Educational or philanthropic institution; | |
(8) | Golf course; | |
(9) | Hospital/trauma center (and accessory heliport); | |
(10) | Library; | |
(11) | Museum; | |
(12) | Park and playground; | |
(13) | Post office; | |
(14) | Privately or commercially operated lake or swimming pool; | |
(15) | Public building; | |
(16) | Religious institution/church; | |
(17) | Skating rink (indoor or outdoor); | |
(18) | Swimming pools and related building; | |
(19) | Tennis court; and | |
(20) | Transit station. | |
Office: | ||
(1) | Dental office; | |
(2) | Loan office; | |
(3) | Medical office; and | |
(4) | Professional office. | |
The following uses are permitted in the Hawthorne Centre Comprehensive Planned Development District |
The following uses are permitted in the Hawthorne Centre Comprehensive Planned Development District | ||
Commercial: | ||
(1) | Animal hospital/veterinary clinic for the care and treatment of domestic pets and animals only when kennels are located entirely within the building and are sound-proofed; | |
(2) | Animal shelter or obedience school; | |
(3) | Antique shop; | |
(4) | Archery range (indoor); | |
(5) | Archery range (outdoor); | |
(6) | Art and school supply store; | |
(7) | Art gallery or studio; | |
(8) | Assembly/banquet hall/meeting hall; | |
(9) | Assembly of vinyl windows and doors; | |
(10) | Auction house; | |
(11) | Automobile repair shop; | |
(12) | Automobile, tire, battery and accessory store (free-standing or attached); | |
(13) | Bait shop; | |
(14) | Bakery (retail); | |
(15) | Barber shop; | |
(16) | Beauty shop; | |
(17) | Bed and breakfast; | |
(18) | Bicycle sales and service; | |
(19) | Boat sales, rentals, storage or service; | |
(20) | Bookstore; | |
(21) | Butcher, fish market (retail); | |
(22) | Camera and photographic supply store; | |
(23) | Candy and ice cream store; | |
(24) | Car wash; | |
(25) | Carpet and rug store; | |
(26) | Catering service; | |
(27) | Child care center, pre-kindergarten, kindergarten, play, special and other schools; | |
(28) | China and glassware store; | |
(29) | Clinic; | |
(30) | Clothing store; | |
(31) | Cocktail lounge, bar, tavern or nightclub; | |
(32) | Coffee, café, teahouse; | |
(33) | Copy shop; | |
(34) | Craft and hobby shop; | |
(35) | Crematory; | |
(36) | Day care home; | |
(37) | Department store; | |
(38) | Display and salesroom; | |
(39) | Dressmaker; | |
(40) | Electrical, electronic and/or appliance stores; | |
(41) | Farming, aquaponic (indoor) | |
(42) | Farming, hydroponic (indoor) | |
(43) | Farming, rooftop | |
(44) | Farming, urban (indoor) | |
(45) | Filling/service station or quick lube establishment; | |
(46) | Financial institution; | |
(47) | Flower and plant shop; | |
(48) | Funeral home or mortuary; | |
(49) | Furniture store; | |
(50) | Furrier shop; | |
(51) | Garden supply store; | |
(52) | Gift shop; | |
(53) | Golf driving range; | |
(54) | Greenhouse; | |
(55) | Grocery store; | |
(56) | Hardware store; | |
(57) | Health club, gymnasium or spa; | |
(58) | Health food store; | |
(59) | Hotel/motel; | |
(60) | Interior decorating shop; | |
(61) | Jewelry store; | |
(62) | Laboratory research testing; | |
(63) | Laundromat; | |
(64) | Leather and luggage stores; | |
(65) | Leather product assembly; | |
(66) | Liquor store; | |
(67) | Locksmith; | |
(68) | Machining of metal where all machining equipment, raw materials storage and end product storage shall be located entirely within a completely enclosed building and the machining activities shall not create noise, vibration, odor, dust or any other condition which might be disturbing to occupants of adjacent buildings (foundry and forging type activities are specifically prohibited); | |
(69) | Mail-order store; | |
(70) | Manufactured home sales, service; | |
(71) | Metal fabrication where all fabrication, raw materials storage and end product storage shall be located entirely within a completely enclosed building and the fabrication activities shall not create noise, vibration, odor, dust or any other condition which might be disturbing to occupants of adjacent buildings (foundry and forging type activities are specifically prohibited); | |
(72) | Metal product assembly (small premolded parts only); | |
(73) | Motorcycle sales, service; | |
(74) | Musical instrument sales and service; | |
(75) | Nursery/garden center (retail); | |
(76) | Office equipment and supplies, sales/service; | |
(77) | Packaging products and service; | |
(78) | Paint and wallpaper store; | |
(79) | Parking lot; | |
(80) | Pawn shop; | |
(81) | Personal service shop; | |
(82) | Pet shop (no outside runs); | |
(83) | Pharmacy/drug store; | |
(84) | Photography studio; | |
(85) | Picture frame sales and service; | |
(86) | Plastic products assembly (small premolded parts only); | |
(87) | Plumbing supplies and fixtures, sales and service (retail); | |
(88) | Radio or television broadcasting station or studio (no towers); | |
(89) | Recreational vehicles sales, storage or service; | |
(90) | Rental of equipment and supplies; | |
(91) | Restaurant, with or without drive-through; | |
(92) | Shoe repair; | |
(93) | Shoe store; | |
(94) | Sign shop; | |
(95) | Sporting goods store; | |
(96) | Stationery store; | |
(97) | Storage (mini-self service); | |
(98) | Studio for the instruction of photography, music, drama or dance; | |
(99) | Tailor; | |
(100) | Theater (not including drive-in theaters); | |
(101) | Toy store; | |
(102) | Trade or business school; | |
(103) | Travel bureau or agency; | |
(104) | Warehouse and storage building; | |
(105) | Welding where all welding equipment, raw materials storage and end product storage shall be located entirely within a completely enclosed building and the welding activities shall not create noise, vibration, odor, dust or any other conditions which might be disturbing to occupants of adjacent buildings; and | |
(106) | Wood products manufacturing (cutting, assembling and finishing work using dimensional wood only). | |
Residential: | ||
(1) | Community residence (group) - see § 152.114 for conditions; | |
(2) | Multi-family dwellings; | |
(3) | Nursing home/assisted living center/supportive living facility; | |
(4) | Single-family dwelling (attached); | |
(5) | Single-family dwelling (detached); and | |
(6) | Two-family dwelling/duplex. | |
Community Facilities: | ||
(1) | Ambulance service; | |
(2) | Boat launching ramp/marina; | |
(3) | Civic theater; | |
(4) | Club or lodge (private); | |
(5) | Commercial recreational use; | |
(6) | Community facilities; | |
(7) | Educational or philanthropic institution; | |
(8) | Golf course; | |
(9) | Hospital/trauma center (and accessory heliport); | |
(10) | Library; | |
(11) | Museum; | |
(12) | Park and playground; | |
(13) | Post office; | |
(14) | Privately or commercially operated lake or swimming pool; | |
(15) | Public building; | |
(16) | Religious institution/church; | |
(17) | Skating rink (indoor or outdoor); | |
(18) | Swimming pools and related building; | |
(19) | Tennis court; and | |
(20) | Transit station. | |
Office: | ||
(1) | Dental office; | |
(2) | Loan office; | |
(3) | Medical office; and | |
(4) | Professional office. | |
(E) Standards for Comprehensive Planned Development Districts. All Comprehensive Planned Development Districts shall comply with the following.
(1) Residential uses. The number of dwelling units permitted shall be determined by dividing the net development area by the number of dwelling units permitted per acre according to the following schedule:
Category | Maximum Dwelling Units per Acre |
Single-family dwellings | 5 |
Two-family dwellings | 10 |
Multiple-family dwellings | 17 |
(3) Building height. The maximum height of buildings and structures in Comprehensive Planned Development Districts shall be as follows:
Category | Maximum Building Height (in Feet) |
One- and two-family dwellings | 35 |
Multiple-family dwellings | 50 |
Commercial buildings and structures | 100 |
(4) Streets. Private or public streets and driveways on the site of the proposed development shall be adequate to serve the development and meet the approval of the City Engineer.
(5) Minimum yards.
(a) Minimum yards along the perimeter of the Comprehensive Planned Development District shall be not less than 30 feet; provided, however, buildings of more than 35 feet in height shall provide a perimeter yard setback of not less than equal to the height of the buildings but shall not be required to exceed 50 feet.
(b) PERIMETER is defined as the outside boundary of land within the Comprehensive Planned Development District contiguous to land developed or to be developed other than in accordance with the provision of this subchapter.
(F) Maps, plans and the like. As a part of the presentation before the Planning and Zoning Commission and City Council, the applicant shall submit the following. The plan of the comprehensive planned development shall contain on its face or in an accompanying addendum the following information in addition to that included in other parts of this subchapter:
(1) Total number of dwelling units;
(2) General location and the type of all permissive uses in residential and community facility areas, and the general location of all commercial areas and public and private rights-of-way;
(3) Minimum distances between buildings;
(4) Maximum height of the various type buildings;
(5) Number of parking spaces to be provided;
(6) Delineation of all lots to be subdivided, if any;
(7) Maximum ground area coverage of structures;
(8) Engineering data;
(9) Survey and legal description of that portion of the Comprehensive Planned Development District, which survey shall show that portion of the Comprehensive Planned Development District falling within the plan; and
(10) Evidence of ownership or control.
(G) Issuance of permits. Upon approval of the plan by ordinance of the city, the Building Inspector shall therewith be directed to issue building permits, after appropriate building plan review, for all or portions of the Comprehensive Planned Development District, provided the applicant shall be in compliance with the approved plan and the conditions of this section.
(H) Transfers of land. Nothing herein contained shall be construed to restrict or limit the right to sell or convey all or portions of the land included within the Comprehensive Planned Development District, whether improved or unimproved, including but not limited to each and every use permitted in a Comprehensive Planned Development District, including the sale of condominiums or cooperative units with common walls, provided that a buyer or grantee and the city shall be bound by the provisions of this chapter.
Table 152.080(H)(1): Zoning Regulations Summary (Residential)
| ||||||||
Symbol | District | Min. Lot Area (Sq. Ft.) | Min. Lot Area per Dwellin g Unit (Sq. Ft.) | Min. Lot Width | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Building Height |
Table 152.080(H)(1): Zoning Regulations Summary (Residential)
| ||||||||
Symbol | District | Min. Lot Area (Sq. Ft.) | Min. Lot Area per Dwellin g Unit (Sq. Ft.) | Min. Lot Width | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Building Height |
AG | Agriculture | 10 acres | SF: 10 acres | 500 ft. | 75 ft. | 50 ft. | 50 ft. | 35 ft. |
ER | Estate Residential | 43,5601 20,0002 18,0003 |
SF: 18,000 | 150 ft. 100 ft. 80 ft. | 30 ft. | 10 ft. | 30 ft. | 35 ft. |
R1A | Single-Family | 9,000 | SF: 9,000 2F: 4,500 | 70 ft. | 30 ft. | 10 ft. | 30 ft. | 35 ft. |
R1B | Single-Family | 7,500 | SF: 7,500 2F: 3,750 | 60 ft. | 25 ft. | 5 ft. | 25 ft. | 35 ft. |
R1C | Single-Family Attached | 6,000 | SFA: 6,000 SFD: 3,000 | 50 ft. | 30 ft. | 10 ft. | 30 ft. | 35 ft. |
R2 | Two-Family | 7,500 | SF: 7,500 2F: 3,750 | 60 ft. | 25 ft. | 5 ft. | 25 ft. | 35 ft. |
R3A | Multi-Family | 6,000 | SF: 6,000 2F: 3,000 MF: 2,000 | 50 ft. | 20 ft. | 5 ft. | 25 ft. | 45 ft. |
R3B | Multi-Family | 6,000 | SF: 6,000 2F: 3,000 MF: 1,500 | 50 ft. | 20 ft. | 5 ft. | 25 ft. | 45 ft. |
1 No public water or sewer | ||||||||
2 Public water, no public sewer | ||||||||
3 Public water and sewer available | ||||||||
4 **Indicates no dwelling units permitted in districts | ||||||||
5 When adjacent to R District: setback 1 foot for each 7 feet of building height | ||||||||
6 If a yard is provided where it is not required, it must be at least 5 feet | ||||||||
7 When adjacent to R District: setback 1 foot for each 7 feet of building height in addition to required setback | ||||||||
8 As determined at time of conditional use review | ||||||||
9 Except for single-family dwellings which have a minimum lot width of 60 feet | ||||||||
Table 152.080(H)(2): Zoning Regulations Summary (Nonresidential)
| ||||||||
Symbol | District | Min. Lot Area (Sq. Ft.) | Min. Lot Area per Dwellin g Unit (Sq. Ft.) | Min. Lot Width | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Building Height |
Table 152.080(H)(2): Zoning Regulations Summary (Nonresidential)
| ||||||||
Symbol | District | Min. Lot Area (Sq. Ft.) | Min. Lot Area per Dwellin g Unit (Sq. Ft.) | Min. Lot Width | Min. Front Yard | Min. Side Yard | Min. Rear Yard | Max. Building Height |
I | Institutional | 7,500 | **8 |
50 ft. | 20 ft. | 10 ft. | 20 ft. | 72 ft.7 |
O | Office | 6,000 | **4 |
50 ft. | 25 ft. | 5 ft. | 25 ft. | 35 ft. |
B1 | Neighborhood Business | none | 7,500 | none9 |
20 ft. | See footnote 6 | 20 ft. | 35 ft. |
B2 | General Business | none | 7,500 | none9 |
See footnote 6 | See footnote 6 | See footnote 6 | 45 ft.5 |
B3 | Central Business | none | MF: 1,500 | none | See footnote 6 | See footnote 6 | See footnote 6 | 100 ft.5 |
M1 | Light Industrial | None | **4 |
none | See footnote 6 | See footnote 6 | See footnote 6 | 45 ft. |
M2 | Heavy Industrial | None | **4 |
none | See footnote 6 | See footnote 6 | See footnote 6 | 100 ft.5 |
CPD | Comprehensive Planned Development | See CPD ordinance for permitted uses, regulations and procedures | ||||||
1 No public water or sewer | ||||||||
2 Public water, no public sewer | ||||||||
3 Public water and sewer available | ||||||||
4 **Indicates no dwelling units permitted in districts | ||||||||
5 When adjacent to R District: setback 1 foot for each 7 feet of building height. | ||||||||
6 If a yard is provided where it is not required, it must be at least 5 feet | ||||||||
7 When adjacent to R District: setback 1 foot for each 7 feet of building height in addition to required setback | ||||||||
8 As determined at time of conditional use review | ||||||||
9 Except for single-family dwellings which have a minimum lot width of 60 feet | ||||||||
(Ord. 10-3277, § 1-5.16, passed 1-4-2010; Ord. 12-3343, passed 1-23-2012; Ord. 13-3417, passed 9-3-2013; Ord. 13-3421, passed 10-21-2013; Ord. 14-3444, passed 4-21-2014; Ord. 17-3538, passed 2-6-2017; Ord. 19-3594, passed 9-16-2019; Ord. 20-3609, passed 4-6-2020)