(a) General Provisions. The owner of a tract of land containing not less than the minimum area required in this section may submit to the Planning Commission for review a preliminary plan for the use and development of such tract of land for:
(1) A planned shopping center, provided the tract is located in a B-3 Zone, or is located where a shopping area is indicated on the long-range plan map of the Policies Plan.
(2) A residential planned development project, provided that the tract is located in an R District, or is located at or near where a new residential area is indicated on the long-range plan map of the Policies Plan.
(3) A planned office center, or special "boardwalk" commercial center, as specified herein. A planned industrial, office or office/research park, provided that the tract is located in an M District, or is located where a development of this nature is indicated on the long-range plan map of the Policies Plan.
In accepting such a plan for review, the Commission shall be satisfied that the proponents of the development project are financially able to carry out the project; that they intend to start construction within one year of approval of the project by Council, or of the effective date of any necessary change in zoning, whichever is later; and intend to complete the development within a reasonable time as determined by the Commission.
(b) Commission to Investigate. The Commission shall investigate and ascertain whether the location, size and other characteristics of the site in the proposed plan comply with the following conditions:
(1) The proposed project is in harmony with the comprehensive Master Plan;
(2) The project will not adversely affect neighboring property;
(3) The project is at a location where traffic congestion does not exist at present on the streets to be utilized in conjunction therewith, and where such congestion will not likely be created as a result of the project;
(4) The plan of the project provides for integrated and harmonious design of buildings, and for adequate and properly arranged facilities for internal traffic circulation, off-street parking and loading, landscaping and such other features and facilities as may be necessary to make the project attractive and efficient from the standpoint of the developer as well as from the standpoint of the adjoining or surrounding existing or potential developments.
(c) Commercial Developments. If the proposed development is for a shopping center, the Commission shall be guided by the following requirements and standards:
(1) The minimum site area for a neighborhood shopping center shall be two acres and the minimum site area for a shopping center larger than neighborhood type shall be ten acres.
(2) The permitted uses in the case of a neighborhood shopping center shall be those permitted in the B-1 District in this Zoning Ordinance; and the uses permitted in larger shopping centers shall be those permitted in the B-2 District in this Ordinance.
(3) Building height and yard requirements shall be the same as prescribed for the district in which the proposed project is to be located, provided that no building shall be less than fifty feet distant from any boundary of the site of the center.
(4) The ground area occupied by all buildings shall not exceed in the aggregate twenty-five percent (25%) of the total area of the site.
(5) Notwithstanding any other provisions of this Ordinance, there shall be provided one off-street parking space of each 150 square feet of rental floor space, not including basement storage space; and there shall be provided at least one off-street loading or unloading space for each 10,000 square feet or fraction thereof of aggregate floor space of buildings in the center. At least one-third of the loading space shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.
(d) Western Planned Commercial Strip Shopping Center Projects. If the proposed development is to be a Western Planned Commercial Strip Shopping Center, the Planning Commission shall be guided by the following requirements and standards:
(1) The site shall be located in an overlay zone as specified in Section 1126.12 and shall meet the requirements specified therein.
(2) Permitted uses shall be those permitted in the B-1 District.
(3) Site development standards:
B. All permanent utility lines, pipes and conduits shall be located below ground, and all other utility installations and appurtenances shall be adequately screened.
C. No more than one twenty-four foot wide curb cut per project area shall be permitted on the minor access street, on the new street to the south for the area south of the railroad, on Rye Beach Road for the other three project areas, no less than 100 feet back from the curb line of the intersecting street, and not more than two such curb cuts shall be permitted on the major street frontage, with no curb cut less than 100 feet from the curb line of an intersecting street.
D. Landscaped buffer strips no less than thirty feet in depth, provided with grass, shrubs, flowers and trees, as designed by a registered landscape architect, shall abut all street rights of way for the full length of the property except where curb cuts are permitted.
E. The approved site plan shall provide for on-site landscaped open spaces at the sides and rear of the project equal to the half-width of the spaces indicated in the Policies Plan as public and private non-farm open spaces on the long-range plan map. Where such spaces directly abut a side or rear area of a planned strip commercial project, they shall contain earth berms and tree/shrub plantings to provide no less than forty percent (40%) opacity at any point along these lines to a height of ten feet, and shall be provided with six-foot wide paved pedestrian/jogging/bicycle paths for their full length, connecting with surrounding areas.
F. Wet run-off retention basins shall be provided in landscaped areas, provided with aerating fountain jets to reduce stagnation, to retain surface run-off and to meter it into the existing drainage network at no greater velocity and volume than that generated prior to development.
G. Design review approval by the Planning Commission of an overall development plan for the entire project area, including circulation, parking, landscaping, retention ponds, paths and proposed building elevations shall be required prior to approval of any partition or sale of the site area or any construction on the site.
H. All exterior building walls and structures shall be constructed with attractive and durable materials, such as textured concrete, brick masonry, stone or glass.
(e) Residential Developments. If the proposed development is to be a residential community development project, the Planning Commission shall be guided by the following requirements and standards:
(1) The minimum site area for a residential planned development project shall be ten acres if located in an R-1 District, and three acres if the project is located in an R-1-A or R-2 District, or an R-3 District.
(2) Permitted uses and residence types shall be the same as those permitted in the R District within which it is located, or consistent with the long-range plan map of the Policies Plan.
(3) Building height and yard requirements shall be the same as those established for the R District within which it is located, or consistent with the long-range plan map of the Policies Plan.
(4) The average lot area per family or dwelling unit, or the average net site area per dwelling unit in a condominium project shall not be less than eighty percent (80%) of the lot area per family required in the R District within which the project is located or the use type indicated on the long-range plan map of the Policies Plan.
(5) Further reduction of up to ten percent (10%) of the lot area per family required in the R District within which the project is located or as indicated for the use type shown on the long-range plan map of the Policies Plan may be provided for each of the following, based on the degree of contribution to community amenities, to a total additional reduction maximum of twenty percent (20%):
A. Provision of "parkwayed" major streets as indicated on the long-range plan map of the Policies Plan;
B. Provision of green open space areas adjoining major trafficways and other uses as indicated on the long-range plan map of the Policies Plan;
C. Dedication of public parkland in areas indicated as such on the long-range plan map of the Policies Plan;
D. Provision of pedestrian/jogging/bicycle paths of minimum six-foot paved width located in landscaped areas no less than thirty feet wide throughout the project and approximately paralleling all major adjoining streets, with connections to adjacent properties and/or public land, and provision for either public access to these facilities with local association ownership and maintenance, or public dedication.
(6) If the project contains twenty acres or more, at least five percent (5%) of the acreage of such site shall be required to be developed as a neighborhood playground or playgrounds. If the site contains less than twenty acres, the required area of play lots shall be 2,000 square feet for the first fifty dwelling units plus thirty square feet for each additional dwelling unit in excess of fifty.
(7) Residential planned development projects of 200 dwelling units or more shall provide at least one five-acre relatively flat grassed common area for neighborhood field recreation, such as softball, soccer, kite flying, etc., preferably interlinked with a neighborhood pedestrian/jogging/bicycle path system.
(8) Parking in residential planned development projects shall strictly comply with the parking requirements specified in Section 1126.01. Service drives and other service facilities shall be located entirely within the project site. Private access streets, as for example in condominium developments, shall have a paved width of no less than twenty-six feet, shall be provided with curbs and gutters, and shall be provided with road curves, turn-arounds and street grades capable of accommodating emergency vehicles as approved by the Chief of the Fire Department.
(9) Marinas shall be considered an allowable use in a residential planned development project provided that at least eighty percent (80%) of the total moorage spaces available are reserved exclusively for residents of the project area. (The remaining twenty percent (20%) may be rented, leased or sold to the public.) The eighty percent (80%) reserved for the residents shall not be subleased, rented or sold to anyone outside the development area. (Off-street parking shall comply with Section 1126.01.)
(Ord. 1990-20. Passed 11-26-90.)
(f) Industrial Developments. If the proposed development is to be an industrial planned development project, the Planning Commission shall be guided by the following requirements and standards:
A. The Planned Industrial Development Project Overlay Zone shall be referred to hereinafter as the Class A Planned Industrial Development Project District.
B. The River Park Planned Industrial Development Project Overlay Zone shall be referred to hereinafter as the Class B Planned Industrial Development Project District.
(2) Permitted uses in a Class A District include:
A. Research. Research offices and laboratories, including testing, provided such testing complies with the performance standards established in Section 1126.06.
B. Offices. Corporate headquarters, regional headquarters and administrative offices with twenty-five or more employees. Local service offices, such as real estate sales, insurance agencies, doctor's offices or other offices typically found in commercial districts may be included only in a structure or integrated complex of at least 50,000 square feet of developed gross floor area.
C. Manufacturing. Industries that manufacture medical equipment and/or supplies, communications equipment, electronic components or measuring, analyzing and controlling instruments; any use listed as a permitted use in the I-1 Zone.
D. Industrial Greenhouse Facilities. Industrial Greenhouse Facilities shall meet the following requirements:
(i) Site Plan Review, which shall include:
(a) Design review and approval, including building placement, footprint(s) and elevations, parking, site ingress and egress, maintenance, fire prevention and safety plans and landscaping.
(b) Electrical requirements review, including review and approval of all electrical requirements for the facility at various hours of the day (such as daytime requirements vs. nighttime requirements).
(c) Lighting plan review, which shall include a comprehensive review of the applicant's proposal for any proposed light emissions of the Industrial Greenhouse Facility in excess of ten percent (10%) of the maximum unshaded light emitted by the facility, which is intended to occur at the facility after dusk.
1. The applicant shall be permitted to emit no more than ten percent (10%) of the maximum unshaded light emitted by the facility, under circumstances where the facility requires nighttime ventilation, provided however, that when emissions exceed 10%, the Facility management shall provide notice to the City Manager and follow the procedures set forth in the approved contingency plan.
(d) Proposed contingency plan for how Facility management will handle any necessary or emergency violation of nighttime lumen maximums established by Planning Commission, including notice to City Manager, maximum duration of emergency before automatic penalties will be imposed and other relevant factors.
(e) Agreement by Facility owner and management and successors to be bound by penalty provisions of Site Plan Permit, which penalties will be automatically imposed for a violation of the Facility's lighting plan, as submitted and approved pursuant to the Site Plan Review process.
(f) Refusal by Facility owner and management to agree to be bound by the penalty provisions of the Site Plan Permit shall be grounds for rejecting the Site Plan and refusing to grant the Site Plan Permit. Refusal of a successor management to be bound by the provisions of the Site Plan Permit shall be grounds for immediate revocation of the Site Plan Permit.
E. Other uses. Conference facilities; recreational and cultural facilities limited to health clubs, tennis courts and other such facilities primarily of service to employees of the project; cafeterias primarily oriented toward serving project employees; common open space and outdoor recreational facilities; accessory uses including, but not limited to, facilities for administration, maintenance and fire prevention and safety; accessory warehouse or storage structures developed to serve a primary use on the same site, provided that the floor area of such limited use constitutes no more than twenty-five percent (25%) of the developed floor area of the primary use.
(3) Permitted uses in a Class B District include: All uses permitted in a Class A District, plus all uses that are principal permitted uses in the I-2 District, plus planned mobile home parks, but excluding poultry slaughterhouses, meat packing, storage of junk and rags, auto or truck storage or repair, and veterinary clinics and kennels.
(4) Site development standards.
A. In a Class A District, there shall be set aside for common open space not less than two acres of land for every ten acres of land devoted to office, research, industry, business or commercial use.
B. In a Class B District, there shall be set aside for common open space not less than one acre of land for every ten acres of land devoted to office, research, warehouse, industry, business or commercial use.
C. Such common open spaces shall be designed by a registered landscape architect and maintained in a professional manner. These spaces shall be designed and located as to fulfill the Policies Plan with regard to public and private non-farm open space and street parkways as indicated on the long-range plan map of the Policies Plan.
D. In a Class A District, such common open spaces shall be provided with paved six-foot wide pedestrian/jogging/bicycle paths throughout the project area and connecting with surrounding properties and public land.
E. Wet runoff retention basins shall be provided in common areas, landscaped as an integral part of the design and provided with aerating fountain jets to reduce stagnation, to retain surface and meter it into the existing drainage network at no greater velocity and volume than that generated prior to development.
F. In the Class A District, all permanent utility lines, pipes and conduits shall be located below ground, and all other utility installations and appurtenances shall be adequately screened.
H. Design review approval by the Planning Commission of an overall development plan for the site area, including circulation, parking, landscaping and proposed building elevations shall be required prior to the approval of any partition or subdivision of the site area.
I. Except at railroads or where a building site directly abuts a required public or private non-farm open space as designated on the long-range plan map of the Policies Plan, each perimeter building site, where it abuts land beyond this District or a public road, shall provide an on-site landscaped setback of no less than fifty feet.
J. Each development site in the District shall have no less than 100-foot frontage on a public street.
K. No less than twenty-five percent (25%) of the total site area of each development site shall be used for landscaping, designed by a registered landscape architect and maintained by a professional landscape maintenance corporation. Undeveloped portions of a site shall be seeded, mowed and maintained as lawn area.
L. All exterior building walls and structures shall be constructed with attractive and durable materials, such as textured concrete, masonry, stone, brick, finished wood, stucco or glass. In the Class A District, no metal-paneled or pole structures shall be permitted.
M. For Industrial Greenhouse Facilities only: As part of the Industrial Greenhouse Facility Site Plan review and approval process provided for in this Section, the Planning Commission shall include in the Site Plan approval the penalties set forth below which shall be automatically imposed on the Facility in the event that the Facility violates the approved maximum nighttime light emissions provided for in this section and the Facility's permit.
(i) No automatic penalty shall be imposed if the Facility owner or management establishes that it is in compliance with the lighting emergency contingency plan approved as part of the approved site plan, or if otherwise deferred by the City Manager, for good cause shown.
(ii) The automatic penalty shall be set forth in the Site Plan as approved pursuant to this Section, and shall include the following:
(1) Facility owner or management shall shut off all interior grow lighting until the violations are corrected to the satisfaction of the City Manager or designee.
(2) If Facility owner or management fail to comply as set forth in (1), the City Manager or designee shall suspend or revoke the zoning permit and shut down the Facility until the violations are corrected to the satisfaction of the City Manager or designee.
(3) In addition to the foregoing, the Facility shall pay a civil penalty of $1,000 per day for each day a violation exists until corrected.
(Ord. 2019-9. Passed 7-23-19.)
(g) Planned Office Development Project. If the proposed development is to be a planned office development project, the Planning Commission shall be guided by the following requirements and standards:
(1) The site shall be located in an overlay zone as specified in Section 1126.11 and shall meet the requirements specified therein.
(2) Permitted uses include:
A. Offices: Corporate headquarters, regional headquarters and administrative offices with fifty or more employees, or joint occupancy by two or more such uses with a total of fifty or more employees.
B. Other uses: Conference facilities, indoor and outdoor recreational facilities, cafeterias and other forms of food service, all solely serving the employees in the project; common open space; off-street parking as required to serve the office uses; facilities necessary to project administration, maintenance, fire protection and safety.
(3) Site development standards:
A. No site shall be less than ten acres.
B. No less than forty percent (40%) of the total site area shall be set aside for common open space and landscaped area. Such areas shall be designed by a registered landscape architect and maintained by a professional landscape maintenance corporation, and shall be designed and located to fulfill the Policies Plan with regard to public and private non-farm open spaces, street parkways and waterways, as indicated on the long-range plan map of the Policies Plan. Undeveloped portions of the site shall be seeded, mowed and maintained as lawn area unless in woodlands.
C. Projects shall provide paved six-foot wide pedestrian/jogging/bicycle paths throughout the common landscaped areas and near the perimeters of the site, with connections to such private or public path systems on adjoining properties.
D. Wet run-off retention basins shall be provided, or expanded existing on-site water areas, landscaped as an integral part of the design and provided with aerating fountain jets to reduce stagnation, to retain surface run-off from building, parking and lawn areas and to meter it into the existing drainage network at no greater velocity and volume than generated prior to development.
E. All permanent utility lines, pipes and conduits shall be located below ground, and all other utility installations and appurtenances shall be adequately screened.
G. Design review approval by the Planning Commission of an overall development plan for the project area, including circulation, parking, landscaping, proposed building elevations and signage, shall be required prior to the approval of the project.
H. Each project shall be provided at every point on its perimeter with an on-site landscaped setback of no less than 150 feet.
I. All exterior building walls and structures shall be constructed with attractive and durable materials, such as textured concrete, brick masonry, stone or glass.
J. No more than two signs shall be permitted for each project, announcing the names of the corporations housed therein. These signs, interior illuminated or back-lighted, shall be building-wall-surface mounted and shall not exceed twenty-five feet in any dimension.
(h) Final Plan. Upon determination by the Planning Commission that the proposed development project as shown in the preliminary plan thereof conforms to the requirements of all applicable provisions of this Ordinance, the proponent shall prepare and submit a final development plan which plan shall incorporate any changes or modifications required or suggested by the Commission.
(i) Submission to Council. The final development plan shall be submitted by the Commission together with its report and recommendations to Council and Council shall hold a public hearing on both the development plan, and the application for any necessary change in zoning where shopping centers are involved.
(j) Council Action. Following such a public hearing, Council may modify the plan of the project consistent with the intent and purposes to be served by the provisions of this section and other provisions of this Ordinance, and may change the zoning of the site to the classification permitted the proposed development in conformity with the final plan as approved at that time.
(Ord. 1990-20. Passed 11-26-90.)