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(A) Purpose. The C-4 Commercial District is intended to provide one or more areas for the grouping of general retail sales establishments, offices and services which offer convenient shopping facilities for city residents and the surrounding area. C-4 District provisions and boundaries are established to promote compatible land use relationships among diverse types of uses and encourage well-planned development or expansion in accord with the city’s Comprehensive Plan. Only those uses which substantially interfere with the overall function of the general commercial area will be excluded.
(B) Permitted uses. The following uses are permitted as regulated herein, without special application requirements or conditions attached. Similar uses may be allowed upon the determination of the City Council:
(1) Trade and services: any retail store or personal service business subject to all regulations and permits and licenses as may be required by law; and, further provided that, the use is not objectionable due to noise, fumes, smoke, odor or vibration, including the following and other similar uses as determined by the city’s Planning Commission;
(2) Catering businesses;
(3) Convenience grocery stores;
(4) Cultural facilities;
(5) Game and amusement arcades;
(6) Hotels and motels;
(7) Motor vehicle sales and service establishments;
(8) Post offices and other public service operations;
(9) Restaurants, including convenience food;
(10) Taverns;
(11) Theaters;
(12) Trade and business schools, technical colleges, vocational schools, universities;
(13) Hospitals;
(14) Crisis shelters;
(15) Car washes;
(16) Pawnbroker establishments;
(17) Massage service establishments; and
(18) Offices; business and professional.
(C) Conditional permitted uses.
(1) Permitted uses listed in the C-2 District, but not including used car, farm machinery, marine or manufactured home sales;
(2) Commercial parking structures;
(3) Churches and houses of worship and related facilities;
(4) Storage units;
(5) Tattoo establishments;
(6) Towing company offices with fenced impound lots, subject to providing a completely fenced and screened enclosure. Fences must be a minimum of six feet high and constructed of wood or equivalent materials;
(7) Dog daycare boarding facilities;
(8) Brew pubs;
(9) Tap rooms; and
(10) Micro-distillery cocktail rooms.
(D) Accessory uses. The following uses are permitted only when auxiliary to a principal use permitted above:
(1) Any accessory use, building or structure customarily incidental to a principal use permitted above, and located on the same lot therewith;
(2) Parking and loading facilities as regulated in § 154.116 of this chapter; and
(E) Dimensional requirements; C-4 District.
(1) Setbacks.
Item Set Back From | Building Setback | Accessory Building Setback | Parking Lot or Circulation Drive |
Interior lot line | 20 feet | 6 feet | 6 feet |
Residential zoning boundary | 50 feet | 50 feet | 10 feet |
Street right-of-way | 25 feet | 20 feet | 10 feet |
(2) Minimum lot dimension requirements.
(a) Lot area: one acre;
(b) Lot width: 125 feet; and
(c) Lot depth: 180 feet.
(3) Maximum building height.
(a) Principal structure: 40 feet; and
(b) Accessory structure: 25 feet.
(1) Site plan review;
(2) Access, parking and loading;
(3) Landscaping and lighting;
(4) Fences;
(5) Signs;
(6) Outdoor storage and displays;
(7) Building facade materials;
(8) Pole buildings; and
(9) Pollution.
(2004 Code, § 154.064) (Ord. 464, passed 1- -1996; Ord. 96-167, passed 6-10-1996; Ord. 06-0447, passed 11-14-2006; Ord. 08-0516, passed 11-12-2008; Ord. 11-0668, passed 5-10-2011; Ord. 12-0690, passed 7-10-2012; Ord. 14-0733, passed 9-9-2014; Ord. 16-750, passed 2-9-2016; Ord. 16-751, passed 2-9-2016; Ord. 18-790, passed 10-9-2018; Ord. 22-833, passed 10-11-2022) Penalty, see § 154.999
(A) Purpose. The purpose of the C-5 Conditional Commercial District is to provide for business, commercial and retail uses that are conveniently accessed by major arterial traffic.
(1) Development will be allowed only as a conditional use to:
(a) Ease land use transition;
(b) Control development so that it is compatible with the surrounding property; and
(c) Establish dimensional requirements on an individual basis.
(2) Those uses which substantially interfere with the overall function of the area will be excluded.
(3) Development shall also meet standards for lighting, landscaping and pedestrian access.
(B) Permitted uses.
(1) There are no permitted principal uses in the C-5 District.
(2) (a) Any accessory use, building or structure customarily incidental to a permitted conditional use listed below, and located on the same lot therewith not to exceed 320 square feet;
(C) Conditional uses. Buildings or land may be used for the following if granted a conditional use permit:
(1) Trade and services: any retail store, personal service or business service establishments, subject to all regulations and permits and licenses as may be required by law, including the following and other similar uses;
(2) Business and professional offices;
(3) Candy and ice cream shops;
(4) Cultural establishments: museums, galleries and the like;
(5) Convenience goods stores; including gasoline pumps, subject to a maximum of 4,000 square feet of enclosed sales area;
(6) Freestanding and attached car washes;
(7) Hotels and motels;
(8) Motor fuel and service stations, excluding major repair operation. See App. B to this chapter for the off-street parking schedule;
(9) Restaurants, including convenience food;
(10) Retail sales;
(11) Theaters;
(12) Variety, gift, notion, antique and soft goods stores;
(13) Brew pubs;
(14) Tap rooms; and
(15) Micro-distillery cocktail rooms.
(D) Accessory uses.
(1) Any accessory use, building or structure customarily incidental to a permitted conditional use listed above, and located on the same lot as the conditionally permitted principal use;
(E) Recommended dimensional guidelines; C-5 District. Subject to Building Code requirements.
(1) Setbacks.
Item Set Back From | Principal Building Setback | Accessory Building Setback | Parking Lot or Circulation Drive |
Interior lot line | 20 feet | 6 feet | 10 feet |
Residential zoning boundary | 50 feet | 50 feet | 20 feet |
Street right-of-way | 30 feet | 30 feet | 10 feet |
(2) Review. Everything should have a conditional use. The development will be reviewed by the Planning Commission, and all conditional uses will require a site plan.
(3) Maximum building height.
(a) Principal structure: 40 feet; and
(b) Accessory structure: 25 feet.
(F) Building design and construction. Any building or structure within the C-5 District shall be designed to promote the use and enjoyment of adjacent properties and be architecturally harmonious with the adjacent properties. Building designs shall be approved by the city’s Planning Commission at the time a conditional use permit is approved.
(G) Outdoor storage. Outdoor storage shall be prohibited in the C-5 District.
(H) Landscaping and lighting. All designs for landscaping and lighting are subject to review by the Planning Commission and City Council as part of the required site plan.
(1) All exposed ground areas surrounding or within a principal or accessory use, including street boulevards, which are not devoted to drives, sidewalks, patios or other such uses shall be landscaped. All landscaped areas shall be kept neat, clean and uncluttered. No landscaped area shall be used for parking of vehicles.
(2) Landscaping shall include:
(a) Landscaped area encompassing a minimum of 15% and a recommended 20% of lot area;
(b) Tree planting at the rate of at least one tree per 800 square feet of landscaping area;
(c) A combination of berming and tree planting; and
(d) Berming with low ground cover (slopes shall be no greater than one foot in elevation per three horizontal feet).
(3) The minimum size of a planted tree shall be two inches caliper for deciduous trees and six feet in height for coniferous trees.
(4) Lighting shall not be directed upon the public right-of-way and nearby or adjacent properties. Illumination must be indirect or diffused. Lighting standards shall be compatible with the style of the existing street lights and the surrounding area (TH7 and 22).
(I) Sidewalks. All site plans for conditional uses shall include sidewalks five feet in width which shall run the length of the street frontage of the lot within the street boulevard. All sidewalks shall be a minimum of four inches thick concrete over a minimum of six inches of Class 5 gravel. Sidewalks shall be a minimum of eight inches thick at driveways. All other city construction requirements shall be followed.
(1) Site plan review;
(2) Access, parking and loading;
(3) Fences;
(4) Signs;
(5) Pollution; and
(6) Pole buildings.
(2004 Code, § 154.065) (Ord. 96-168, passed 6-10-1996; Ord. 14-0733, passed 9-9-2014; Ord. 16-750, passed 2-9-2016; Ord. 16-751, passed 2-9-2016) Penalty, see § 154.999
(A) Purpose. It is the purpose of the I/C District to allow for development of areas where there is a transition in use occurring, but sites are not available which would allow for compliance with other district requirements. Industrial or commercial development will be allowed only as a conditional permitted use to:
(1) Ease land use transition;
(2) Control development so that it is compatible with surrounding property; and
(3) Establish dimensional requirements on an individual basis.
(B) Permitted uses.
(1) There are no permitted principal uses in the I/C District.
(2) (a) Any accessory use, building or structure customarily incidental to a permitted conditional use listed below, and located on the same lot therewith not to exceed 320 square feet;
(d) Pawnbroker establishments; and
(e) Massage service establishments.
(C) Conditional uses. Buildings or land may be used for the following if granted a conditional use permit; and, provided further that, any objectionable features normally associated with these uses, such as those deemed to be hazardous, offensive or objectionable by reason of odor, dust, cinders, gas, fumes, noise, vibration, radiation, refuse matter or water-carried waste, shall be ameliorated, controlled or eliminated through design, mechanical devices, screen planting and/or walls or other measures as specified by the Planning Commission, and authorized that the use and its day to day activity will not be unreasonably hazardous, noxious or offensive:
(1) Trade and services: any retail store, personal service or business service establishments, subject to all regulations and permits and licenses as may be required by law, including the following and other similar uses;
(2) Automobile or trailer sales and service establishments;
(3) Building materials and hardware, retail sales and repairs;
(4) Business and professional offices;
(5) Cultural, entertainment and recreational establishments;
(6) General merchandising, apparel and accessories and establishments;
(7) Car wash operations, including automated lanes. See App. B
to this chapter for the off-street parking schedule;
(8) Catering establishments;
(9) Churches and houses of worship and related facilities;
(10) Convenience goods and food shops, subject to a maximum of 5,000 square feet of sales area;
(11) Dog kennels;
(12) Drive-in or drive-through restaurants, banking facilities and the like;
(13) Employment agencies;
(14) Fairgrounds;
(15) Furniture, home furnishing and equipment, sales and display;
(16) Hotels and motels;
(17) Manufacturing: any light manufacturing or process including repairs, assembling, fabricating, altering, converting, finishing, processing, treating, testing, packaging or bottling, except any use or process hereinafter specifically excluded or which would not be in keeping with the purpose of the district as stated above. This determination shall be made by the Zoning Administrator upon review of the building permit application;
(18) Motor vehicle body shops;
(19) Post offices and other public service operations;
(20) Publishing, job printing and blue printing;
(21) Nurseries, garden supply centers;
(22) Restaurants;
(23) Service stations, automobile repair shops. Standards for automobile services stations are set forth in § 154.111 of this chapter;
(24) Taverns;
(25) Trade and business schools;
(26) Theaters;
(27) Warehousing, storage and wholesaling: the storage, handling, assembly and distribution of goods and materials for retail, wholesale or on-site use. This does not include truck terminals, which are not allowed in this district;
(28) Recyclable materials collection centers;
(29) Brew pubs;
(30) Tap rooms; and
(31) Micro-distillery cocktail rooms.
(D) Accessory uses.
(1) Any accessory use, building or structure customarily incidental to a permitted principal use and located on the same lot as the permitted principal use;
(E) Recommended dimensional guidelines; I/C District. Subject to Building Code requirements.
(1) Setbacks.
Item Set Back From | Principal Structure Setback | Accessory Building Setback | Parking Lot or Circulation Drive |
Street right-of-way | 30 feet | 30 feet | 10 feet |
Interior lot line | 20 feet | 6 feet | 10 feet |
Residential zoning boundary | 50 feet | 50 feet | 20 feet |
(2) Review. Everything should be a conditional use. The development will be reviewed by the Planning Commission. All conditional uses will require a site plan.
(3) Maximum building height.
(a) Principal structure: 40 feet; and
(b) Accessory structure: 25 feet.
(F) Building design and construction. Any building or structure within the I/C District shall be designed to promote the use and enjoyment of adjacent properties and be architecturally harmonious with adjacent properties. Building designs shall be approved by the city’s Planning Commission at the time a conditional use permit is approved.
(G) Outdoor storage; conditional use permit. All materials, supplies, merchandise by-products or other similar matter not on display for direct sale, rental or lease to the ultimate consumer or uses shall be stored within a completely enclosed building or within the confines of a 100% opaque wall or fence no less than six feet tall, or other buffering approved by the City Council. Merchandise which is offered for sale as described heretofore may be displayed beyond the confines of a building only upon application to the City Council for conditional use permit and only following agreement to all conditions which may be attached to that authorization.
(1) Site plan review;
(2) Access, parking and loading;
(3) Landscaping and lighting;
(4) Fences;
(5) Signs;
(6) Outdoor storage and displays;
(7) Building facade materials;
(8) Pole buildings; and
(9) Pollution.
(2004 Code, § 154.066) (Ord. 464, passed 1- -1996; Ord. 14-0733, passed 9-9-2014; Ord. 16-750, passed 2-9-2016; Ord. 16-751, passed 2-9-2016)
(A) Purpose. It is the purpose of the I-1 District to create industrial areas that will be acceptable within the city and will not adversely affect adjacent business or residential neighborhoods. Industrial establishments should be either:
(1) Those whose operations are relatively free from objectionable influences; or
(2) Those whose objectionable features will be obviated by design or appropriate devices.
(B) Permitted uses. Within an I-1 District, unless otherwise provided by this chapter, no uses are permitted, except for the following:
(1) Manufacturing: any light manufacturing or process including repairs, assembling, fabricating, altering, converting, finishing, processing, treating, testing, packaging or bottling; except any use or process hereinafter specifically excluded or which would not be in keeping with the purpose of the district as stated above. This determination shall be made by the Planning Commission upon review of the building permit application. Manufacturing includes the storage of goods or materials related to the manufacturing process;
(2) Offices;
(3) Office-showroom buildings;
(4) Warehousing, storage and wholesaling: the storage, handling and distribution of goods and materials for retail, wholesale or on-site use, except any hazardous combustible materials or flammable liquids or gases. This classification does not include truck terminals;
(5) Vocational and technical schools;
(6) Pawnbroker establishments; and
(7) Massage services establishments.
(C) Conditional uses.
(1) Motor vehicle body shops;
(2) Dog kennels;
(3) Bulk storage of liquid;
(4) Athletic clubs;
(5) Restaurants;
(6) Recyclable material collection center;
(7) Grain elevators;
(8) Tattoo establishments and sexually-oriented businesses;
(9) Storage units;
(10) Schools;
(11) Towing company buildings with fenced impound lots, subject to providing a completely fenced and screened enclosure to 100% opacity. Fences must be a minimum of six feet high and constructed of wood or equivalent materials; and
(12) Truck terminals.
(D) Accessory uses.
(1) Any accessory use, building or structure customarily incidental to a principal use permitted above, and located on the same lot therewith;
(2) Specialized freight and yard equipment, private utility structures, secondary processing structures and similar specialized structures;
(E) Dimensional requirements; I-1 District.
(1) Setbacks.
Item Set Back From | Building Setback | Accessory Building Setback | Parking Lot or Circulation Drive |
Interior lot line | 20 feet | 6 feet | 10 feet |
Residential zoning boundary | 75 feet | 75 feet | 30 feet |
Street right-of-way | 30 feet | 30 feet | 20 feet |
(2) Minimum lot dimension requirements.
(a) Lot area: one acre;
(b) Lot width: 150 feet; and
(c) Lot depth: 200 feet.
(3) Maximum building height.
(a) Principal structure: 40 feet; and
(b) Accessory structure: 25 feet.
(1) Site plan review;
(2) Access, parking and loading;
(3) Landscaping and lighting;
(4) Fences;
(5) Signs;
(6) Outdoor storage and displays;
(7) Building facade materials;
(8) Pole buildings; and
(9) Pollution.
(2004 Code, § 154.067) (Ord. 464, passed 1- -1996; Ord. 96-167, passed 6-10-1996; Ord. 07-0451, passed 1-9-2007; Ord. 07-0467, passed 8-14-2007; Ord. 11-0668, passed 5-10-2011; Ord. 12-0683, passed 2-14-2012; Ord. 14-0723, passed 4-8-2014; Ord. 16-751, passed 2-9-2016; Ord. 22-833, passed 10-11-2022) Penalty, see § 154.999
(A) Purpose. The purpose of the I-2 Heavy Industry District is to allow certain industrial uses which may not be consistent with the intentions of the I-1 Light Industrial District by virtue of their appearance, traffic or emissions. All these land uses are, of course, subject to the applicable regulations of this chapter and the state.
(B) Permitted principal uses.
(1) Any type of land development allowed in the I-1 Light Industrial District;
(2) Municipal compost site and tree dump;
(3) Municipal mining operations;
(4) Municipal sanitation facilities;
(5) Municipal solid waste transfer facilities;
(6) Grain elevators;
(7) Pawnbroker establishments; and
(8) Massage service establishments.
(C) Conditional uses. Buildings or land may be used for the following if granted a conditional use permit as provided in § 154.170 of this chapter; and, provided further that, any objectionable features normally associated with these uses, such as those deemed to be hazardous, offensive or objectionable by reason of odor, dust, fumes, noise, vibration, radiation, refuse matter or water-borne waste shall be ameliorated, controlled or eliminated through design, mechanical devices, landscaping and/or walls, or other measures as specified by the city’s Planning Commission, and authorized that the use and its day to day activity will not be unreasonably hazardous, noxious or offensive:
(1) Truck terminals;
(2) Truck parts and scrap metal yards:
(a) If located at least 1,000 feet from the nearest residential zoning district; and
(b) If all operations are conducted within an area enclosed with a solid wall or uniform fence of 100% opacity, at least eight feet in height, and landscaped and maintained to the satisfaction of the city’s Planning Commission.
(3) Railroad stub yard and freight stations, if located at least 1,000 feet from the nearest residential zoning district;
(4) Other land uses by conditional use permit:
(a) If located at least 1,000 feet from the nearest residential zoning district;
(b) If screened and landscaped to the satisfaction of the city’s Planning Commission; and
(c) If that land use has been approved by the Chief of the Fire Department and State Pollution Control Agency.
(5) Manufacture of acids, glues, paints, inks, gases, fertilizer, cement, lime or gypsum, or similar noxious or toxic materials;
(6) Rendering or reduction of fats or animal parts; and
(7) Tattoo establishments and sexually-oriented businesses.
(D) Accessory uses. The following shall be permitted accessory uses within an I-2 District:
(1) Specialized freight and yard equipment;
(2) Private utility structures;
(3) Secondary processing structures; and
(4) Similar specialized structures.
(E) Dimensional requirements; I-2 District.
(1) Setbacks.
Item Set Back From | Principal Structure Setback | Accessory Structure Setback | Parking Lot or Circulation Drive |
Interior lot line | 20 feet | 6 feet | 20 feet |
Residential zoning boundary | 150 feet | 150 feet | 50 feet |
Street right-of-way | 40 feet | 40 feet | 20 feet |
(2) Minimum lot dimension requirements.
(a) Lot area: three acres;
(b) Lot width: 250 feet; and
(c) Lot depth: 400 feet.
(3) Maximum building height.
(a) Principal structure: 50 feet; and
(b) Accessory structure: 35 feet.
(1) Site plan review;
(2) Access, parking and loading;
(3) Landscaping and lighting;
(4) Fences;
(5) Signs;
(6) Outdoor storage and displays;
(7) Building facade materials;
(8) Pole buildings; and
(9) Pollution.
(2004 Code, § 154.068) (Ord. 464, passed 1- -1996; Ord. 96-167, passed 6-10-1996; Ord. 11-0668, passed 5-10-2011; Ord. 16-751, passed 2-9-2016) Penalty, see § 154.999
(A) Purpose. The purpose of the Business Park District is to provide for office buildings, research and development buildings and certain light industries which complement the appearance and function of the office environment, all of which would be in a planned and landscaped setting.
(B) Permitted principal uses.
(1) Office buildings;
(2) Research and development buildings;
(3) Financial institutions;
(4) Tennis, racquet and athletic clubs; and
(5) Restaurants.
(C) Conditional uses. Light industry, subject to the following conditions:
(1) A very limited number of truck docking facilities and a low degree of traffic by semi-trailer trucks;
(2) A well-landscaped site;
(3) Architectural compatibility with an office park, namely:
(a) Equal facade treatment on all sides; and
(b) No truck docks or truck doors on the street side of a building; docks and doors on the side of a building must be screened by landscaping or wing walls.
(4) Office-showroom buildings, subject to the following conditions:
(a) A well-landscaped site; and
(b) Truck doors screened by landscaping, wing walls or the building.
(D) Accessory uses. Allowable accessory uses include any structure normally associated with the permitted principal or conditional uses.
(E) Dimensional requirements; BP District.
(1) Setbacks.
Item Set Back From | Building Setback | Accessory Building Setback | Parking Lot or Circulation Drive |
Interior lot line | 20 feet | 6 feet | 10 feet |
Residential zoning boundary | 75 feet | 50 feet | 30 feet |
Street right-of-way | 30 feet | 30 feet | 20 feet |
(2) Maximum building height.
(a) Principal structure: 40 feet; and
(b) Accessory structure: 20 feet.
(1) Site plan review;
(2) Access, parking and loading;
(3) Landscaping and lighting;
(4) Fences;
(5) Signs;
(6) Outdoor storage and displays;
(7) Building facade materials;
(8) Pole buildings; and
(9) Pollution.
(2004 Code, § 154.069) (Ord. 464, passed 1- -1996; Ord. 16-751, passed 2-9-2016)
(A) Purpose. The following regulations are set forth in order that the public health, safety, morals and general welfare may be furthered in an era of increasing urbanization to encourage innovations in residential, commercial and industrial development and renewal; to stimulate opportunities for better housing and recreation, shops and industrial plants conveniently located near each other; to accommodate changes in the technology of land development; to encourage a more creative approach in the utilization of land which may be characterized by special features of the geography, topography, size or shape of a particular property; and to provide a compatible and stable environment in harmony with that of the surrounding area.
(1) The Planned Development District (PDD) may include any developments having one or more land uses or structures on a single parcel of ground or contiguous parcels; provided that, the total area is three acres or larger. The PDD shall consist of a harmonious selection of uses and grouping of buildings, parking areas, circulation and open spaces, and shall be designed as an integrated unit.
(2) Under the provisions of this district, the City Council has the right to allow deviations from any standards set forth in this chapter. However, rezonings to the Planned Development District shall not be allowed merely as a convenience or benefit to the applicant or as a means of circumventing the requirements of this chapter. Rather, the PD District shall be used to create a development having greater public benefit than would otherwise have been possible.
(B) Ownership.
(1) The tract shall be a development of land under unified control at the time of application, planned and scheduled to be developed as a whole. However, no authorizations or permits shall be granted for the development unless the applicant has acquired actual ownership of, or executed a binding sales contract for all of the property comprising the tract.
(2) For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
OWNERSHIP. Includes a lease of not less than 50 years’ duration.
SINGLE OWNERSHIP. Includes ownership of portions of the development by two or more wholly owned subsidiaries of a single owner, or by the single owner and one or more of its wholly owned subsidiaries.
(C) Consistency with the Comprehensive Plan. The development should be designed so that it is consistent with the city’s Comprehensive Plan.
(D) Allowable uses. There are no permitted uses in the planned development district. However, any combination of residential or non-residential land uses may be allowed through a conditional use permit as long as the project is consistent with the city’s Comprehensive Plan and other requirements of this section are met.
(E) Open space.
(1) A minimum of 20% of the land area of a planned residential development shall be devoted to private outdoor passive or active recreation. This space shall be effectively separated from automobile traffic and parking and be readily accessible. Provisions shall be made for the permanent private maintenance of this land. The term “open space” shall not include space devoted to streets and parking.
(2) This private outdoor recreation space shall not be a substitute for the dedication of land and/or cash for public parks as may be required by another city ordinance.
(F) Residential development density. A maximum density increase of 100% may be allowed for a planned residential development for the elderly based on an evaluation by the city staff and the city’s Planning Commission of the project’s degree of design excellence and public benefit.
(1) The city’s Planning Commission and City Council, in determining the reasonableness of the proposed increase in density or intensity of land use, shall consider:
(a) The location, amount and proposed use of common open space;
(b) The location, design and type of dwelling units; and
(c) The physical characteristics of the site.
(2) No increase in density shall be allowed which would adversely affect nearby land values.
(G) Setbacks. The building and parking lot setback regulations normally in force through the existing zoning district for the site shall be used as a guide in reviewing proposed setbacks, although deviations from those setback regulations may be allowed by the PDD development plan.
(H) Architecture. Architectural style of buildings shall not solely be a basis for the denial or approval of a PDD development plan. However, the overall appearance and compatibility of individual buildings to other site elements or to surrounding development will be primary considerations in the review of the application.
(I) General application procedure. An applicant for a planned development district shall apply for a rezoning, a conditional use permit and (if applicable) a preliminary plat, and shall pay the application fee established by ordinance of the City Council. The review procedure includes a concept plan review, a development plan review, rezoning and a conditional use permit approval. The concept review is a strongly recommended informal review with the city staff and, possibly, the city’s Planning Commission. The rezoning of the property and the conditional use permit shall not be approved until after the development plan has been approved by the City Council (all of which may occur at the same public meeting).
(J) Development plan: submittals required. The following items are required for review and approval of a PDD development plan:
(1) Location, size and legal description of the site;
(2) A vicinity map showing the location of the site in relation to the surrounding neighborhood;
(3) A site plan or plans showing all existing features of the site, including:
(a) A boundary survey prepared by a registered land surveyor;
(b) A topographic survey (minimum contour interval of two feet);
(c) Public rights-of-way;
(d) Private road and utility easements;
(e) Existing roads;
(f) Wetlands and ponds;
(g) Utilities;
(h) Drainage courses;
(i) Major vegetation;
(j) Buildings and other structures;
(k) The present zoning; and
(l) The planned land use(s) according to the city’s Comprehensive Plan.
(4) Site plans showing the location of all proposed:
(a) Buildings and structures;
(b) Public roads and rights-of-way;
(c) Driveways and parking lots;
(d) Private open areas;
(e) Public park land;
(f) Wetlands, ponds and drainage courses;
(g) Water and sewer utility lines;
(h) Landscaping (including species and size);
(i) Signs (placement and characteristics); and
(j) Site development data.
(5) A grading and drainage plan using two-foot topographic contour intervals (prepared by a registered professional engineer);
(6) Submittals as required in Ch. 153
of this code, regarding subdivisions, for the approval of a preliminary plat;
(7) Sketches illustrating building facade design and materials;
(8) A staging plan if the project is intended to be built over a series of years; and
(9) A written statement addressing:
(a) The applicant’s ownership position in the site;
(b) The proposed method of finance;
(c) The market for any proposed commercial activities if the property is not zoned for commercial use at the time of submittal of the preliminary development plan;
(d) Provisions for ultimate ownership and maintenance of all parts of the development, including streets, structures and open spaces; and
(e) The total anticipated population to occupy the planned development, with breakdowns as to the number of school age children, adults and families.
(K) Development plan, rezoning and conditional use permit: approval procedure.
(1) The procedure for review and approval or denial by the city’s Planning Commission and City Council of a PDD development plan, preliminary plat (if applicable), rezoning and conditional use permit shall be the same as that established for a rezoning (zoning ordinance amendment) in § 154.173 of this chapter.
(2) In conjunction with the rezoning, the development plan shall be attached to and become part of the ordinance establishing the rezoning. The Zoning Enforcement Officer shall then change the zoning classification on the official zoning map to designate the district or portion of a district as a PD District. A number shall be assigned each PD District in sequence through each year (e.g., 90-1). The development plan and all supporting documents will form the ordinance establishing the PD District.
(3) Building permits shall not be issued for any of the structures, or land alterations shall not be made, until the following conditions are met:
(a) Public open space has been deeded to the city and officially recorded;
(b) A cash payment in lieu of land donation has been made to coincide with construction of each building;
(c) The design and construction specifications for all utilities, street improvements and mass grading have been approved by the City Engineer;
(d) The homeowners’ association bylaws, covenants and deed restrictions have been approved by the City Attorney;
(e) The construction plans for proposed structures have been approved by the Building Inspector;
(f) The final plat (if necessary) has been approved by the city and recorded with appropriate governmental agency as required by law. These recorded plats shall contain a statement indicating that the plan is a part of planned development for the city; and
(g) The detailed site development plans have been approved by all appropriate city staff members and the City Council and their signatures appear on the plans.
(L) Project abandonment.
(1) In the event that a development plan is given final approval and the developer subsequently abandons the project or if the developer fails to begin the project within 18 months after final approval has been granted, final approval shall be rescinded unless that time period is extended by the City Council upon written application of the developer.
(2) After final approval, no planned development shall be amended, except by the City Council after a public hearing before the Planning Commission, in accordance with the provisions of § 154.171 of this chapter; provided, however, that, the approved development schedule of the plan may be extended for no more than two years by the City Council without any hearing or Planning Commission action.
(3) The City Council reserves the right to withhold building permits in the event that the developer is not making satisfactory progress toward completion of the development plan.
(2004 Code, § 154.070) (Ord. 464, passed 1- -1996)
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