(a) Generally. A proposal to establish a Planned Business Center (PBC) Zone and to construct therein a Planned Business Center is subject to this chapter. No person shall construct, maintain, occupy or operate a Planned Business Center not established in accordance with this chapter.
(b) Tentative Development Plans.
(1) Petitions. A petition for the establishment of a PBC Zone shall be filed with the Clerk-Treasurer, shall be accompanied by a tentative development plan which shall be filed with the petition, shall request both the establishment of a PBC Zone in a described area and the approval of the tentative plan and shall be signed by the owner of the lot or tract of land located in the proposed PBC Zone.
(2) Contents. The tentative development plan shall include: A. A site plan showing the area to be developed for buildings, the anticipated total gross floor space, the area to be developed for parking, points of ingress and egress (including access streets where required) and adjustments to be made for abutting lots, tracts of land and zones; B. An architect's preliminary sketches of buildings and landscaping; C. A statement of the types of businesses and uses proposed and of the market area to be served; and D, A statement of the ownership in the proposed PBC Zone.
(c) Effective Date of Zone; Condition. If a proposal to establish a PBC Zone is approved by Council, with or without amendments, the establishment of the PBC Zone is effective when the ordinance approving the proposal becomes effective, subject to a subsequent condition that a final development plan shall be submitted to and approved by Council as provided in this section. Upon failure to submit a final plan, or if Council makes final findings disapproving a final plan, the PBC Zone shall automatically terminate and, if immediately prior to the establishment of the zone, the land had been otherwise zoned by an ordinance of the City, the land shall automatically become subject again to the former zoning.
(d) Final Development Plans.
(1) Submissions. Within twenty-four months after the enactment of an ordinance establishing a PBC Zone, the owner of the lot or tract of land located in the PBC Zone shall submit a final development plan to Council for approval.
(2) Modification of tentative plans. The final development plan shall conform to the tentative development plan approved by Council. However, the petitioner may, before Council acts on the final plan, file with the Clerk-Treasurer a request for modification of the tentative plan as approved. If it appears to Council that the use of the land in accordance with the tentative plan as proposed to be modified may be of a substantially different character, for zoning purposes, from the use of the land in accordance with the tentative plan as approved, Council, before acting upon the request for a modification, shall order the request referred to the Planning Commission. Thereafter proceedings shall be had upon the request before the Commission and subsequently before Council as provided in Sections 1248.02(b) and 1248.03(a). If a request for a modification is approved, with or without changes, by Council, the modifications as approved shall be incorporated in the final plan by the petitioner.
(3) Contents. In addition to any modifications of the tentative development plan approved as provided in paragraph(d)(2) hereof, the final development plan shall include:
A. A site plan showing areas to be developed for buildings, areas to be developed for parking, locations of pedestrian paths and vehicular roads, locations of ingress and egress (including access streets where required), locations and heights of walls, provisions for loading and unloading, the location, size and number of signs and locations and types of improvements to be made in relation to the use of abutting lots or tracts of land and other zones;
B. An architect's sketches of the proposed buildings and landscaping;
C. Preliminary engineering plans of the improvements to be installed;
D. A schedule for planned construction showing the anticipated completion date;
E. A statement of the types of businesses and uses proposed to be served; and
F. A statement of the ownership of the proposed planned business center.
(4) Approval. If Council finds that the final development plan conforms to the tentative development plan as approved by Council and any modifications approved in accordance with paragraph (d)(2) hereof, Council may approve the final plan by resolution. The approval shall be endorsed on the final plan by the Mayor, or, in the event of his or her absence or disability, by the Vice-President of Council.
(5) Disapproval and reconsideration. If Council finds that the final development plan does not conform to the tentative development plan, with or without modifications approved in accordance with paragraph (d) (2) hereof, and there is no petition pending to further modify the final plan so that it will so conform, Council shall, by resolution, make findings that the final plan fails to conform and disapprove it. The City Clerk shall promptly notify the petitioner that the final plan has been disapproved and shall state the findings of Council. If the petitioner does not file a petition to modify the proposed final plan within twenty days after Council has disapproved the plan, Council's disapproval thereon shall become final. If the petitioner does file a petition to modify the final plan and it appears from the petition that the proposed modifications are such that the final plan so modified will conform to the tentative plan and modifications of it previously approved, Council shall reconsider its action of disapproval at its next regular meeting or at a special meeting called for that purpose to meet before its next regular meeting. If, after reconsideration, Council finds the modifications proposed to the disapproved final plan are sufficient to cause it to conform to the tentative plan and any modifications of the tentative plan previously approved, Council may, by resolution, approve the final plan as modified.
(6) Subsequent modifications. After a final development plan has been approved, as provided in paragraph (d)(4) or (5) hereof, the owner of the land may file with the Clerk-Treasurer a petition to modify the final plan. If it appears to Council that the use of the land in accordance with the final plan as proposed to be modified may be of a substantially different character, for zoning purposes, from the use of the land in accordance with the final plan as approved, Council, before acting upon the request for modification, shall order the request referred to the Planning Commission. Thereafter, proceedings shall be had upon the request before the Commission and subsequently before Council, as provided in Sections 1248.02(b) and 1248.03(a).
(e) Conformity to Final Plan. Building and improvement plans and specifications for a Planned Business Center and each part thereof shall conform to the final development plan as approved by Council.
(f) Conditions for Issuance of Building Permits. The City Inspector shall not issue any building permit for a Planned Business Center until:
(1) The plans and specifications for all buildings and improvements have been approved by the City Manager as conforming to the final development plan; and
(2) A bond has been posted with the Clerk-Treasurer in an amount fixed by the City Manager, either in cash or with sureties satisfactory to the City Manager, conditioned upon the installation of all improvements required in the final plan.
(g) Construction.
(1) Commencement; time limit. Construction of all buildings and improvements in conformity with the final development plan shall be commenced within three years after enactment of the ordinance establishing the PBC Zone. The holding of undeveloped lots or tracts of land in the PBC Zone for speculative purposes is prohibited.
(2) Failure to construct. If it appears to Council that the owner of the land in respect to which a final development plan for a Planned Business Center has been approved by Council has failed to commence construction within the time permitted by paragraph (g)(1) hereof, complete construction within a reasonable time after construction is commenced or construct the Center in conformity with the final plan, Council may order referred to the Planning Commission the question of whether or not the final plan and the zoning of the land as a PBC Zone should be revoked, or whether or not the final plan should be modified and the size of the PBC Zone reduced. Thereafter proceedings shall be had with reference to such matter as provided in Sections 1248.02(b) and 1248.03(a). If Council, upon a hearing, finds that the construction of the Center does not, in one or more of the respects mentioned in this section, conform to the final plan, Council may revoke approval of the final plan and repeal the ordinance creating the PBC Zone, or it may modify the final plan and by ordinance reduce the area of the PBC Zone to fit the completed construction, if any, as in the exercise of a sound discretion will be most in accordance with the purposes and objectives of this Zoning Code.
(h) Time Extentions. Council may, on written application and for good cause shown, extend the time limits prescribed in subsection (g) hereof for a period not to exceed twentyfour months in aggregate.
(i) Reports. Council may, from time to time, require the petitioner or the owner of the lot or tract of land for which a final development plan has been approved to submit written reports on the progress of the development of the Planned Business Center.
(Ord. 1049. Passed 2-26-85.)