(A) Purpose statement. The purpose of the Transition Overlay District (hereinafter referred to as “T-District”) regulations is to institute procedures, whereby the Planning Commission and City Council may determine the most appropriate type and intensity of land use in transitional areas by:
(1) Providing a flexible instrument which governs development by the factors of intensity and impacts of a use rather than its general nature.
(2) Providing adequate buffering for the protection of residential uses from the adverse impact of less restrictive districts.
(3) Protecting and enhancing the environmental, cultural, aesthetics, and historic assets of the community through careful planning in the design and arrangement of buildings, preservation of open space, and the optimal utilization of natural site features.
(4) Permitting the creation of transitional zones within the city that provide for the orderly transition from more restrictive to less restrictive districts.
(5) Providing flexibility for an appropriate development in such transitional zones, taking into account adjacent and surrounding uses and zoning districts.
(6) Allowing the application of performance standards to development in transitional areas, so as to facilitate the consideration of a broader spectrum of appropriate land uses than permitted by conventional districting.
(7) Securing optimal development of critically important parcels in transitional areas where the harmonization of a more restrictive district with a less restrictive district is a major objective.
(8) Promoting the public health, safety, and welfare of the city.
(B) General provisions. T-Districts shall only be established in areas of the city where a comprehensive or partial plan of development has been adopted and wherein the T-District is compatible with those applicable comprehensive or partial plans.
(C) Overlay district relationship.
(1) The T-District is established as an overlay district by City Council superimposed in specific areas over existing districts where:
a) The existence of abutting districts indicate incompatibility of use; and
b) Any plans adopted by the city for that area are furthered by the use of this type of district.
(2) All regulations in this code for the underlying district shall apply until a site development plan is approved.
(3) Upon approval of a site development plan, development and use of the property shall be in accordance with that plan.
(D) Permitted uses.
(1) As a matter of right, those buildings and uses principally permitted in the underlying zoning district shall be permitted in accordance with all applicable regulations of that underlying district.
(2) Additionally, the following buildings and uses may be permitted pursuant to a transition overlay development plan, subject to the provisions of this section. Each permitted use shall be consistent with the regulations of the district which the proposed use represents, with the overall purpose of the T-District, the purposes of this section, with any plans adopted by the city for that area, and compatible with other uses in the development plan and adjoining areas:
a) Multi-household building as permitted in the RMH District;
b) Office establishments as permitted in the OB District;
c) Businesses as permitted in the GB and SS Districts;
d) Public facilities as permitted in the PF District;
e) Industrial facilities as permitted in the GI District; and
f) Any of the above uses, or combination thereof, can be considered in a T-District.
(3) Accessory buildings and uses. Accessory buildings and uses may be permitted if approved by the Planning Commission and City Council as being consistent with the purposes and provisions of this section.
(4) Building and use requirements. The main and accessory buildings and uses shall meet the regulations of any district in which such building or use would be permitted. Additionally, they shall meet all the requirements established by the Planning Commission and City Council pursuant to the purposes and provisions of this section, and in accordance with the demands of any adopted plans affecting the district and consistent with the details of the development plan.
(E) Review factors.
(1) The use of a property in a T-District, in accordance with a development plan, may be permitted only if the proposed development plan, by its nature, or by reason of the controls imposed by the Planning Commission and City Council, meets the following review factors:
a) It is not an adverse influence on any abutting or surrounding properties;
b) It provides for an orderly transition from restrictive to less restrictive districts;
c) It is in full compliance with the purposes of this zoning code and with the T-District as set forth in this section;
d) It furthers and conforms to the goals of an adopted plan of the city or that area of the city;
e) It is designed to maximize the public interest and private benefit in a balanced manner; and
f) It is compatible with adjacent uses and zoning districts.
(2) It is the responsibility of the developer to demonstrate compliance with each of the factors.
(3) Factors or characteristics. The following factors or characteristics, along with other requirements imposed by the Planning Commission for such use, consistent with the provision of this section may be considered in assessing a proposed development plan:
a) Permitted types of use(s);
b) Intensity of use in terms of:
i) Density, floor area, and green space;
ii) Traffic impacts; and
iii) Other environmental impacts such as noise, light, pollution, etc.
c) Functional and aesthetic compatibility with existing or proposed development; and
d) Compliance with the development goals of an adopted plan for the city or that area of the city.
(4) Powers of the Planning Commission. To secure the application of all relevant standards to the development of T-Districts, the Planning Commission shall recommend:
a) Front, side, and rear yard requirements, density requirements, height and bulk of building requirements, and intensity of use;
b) The use of materials or designs in the erection of structures which shall minimize the adverse impact of the uses proposed by the development plan on neighboring properties;
c) Permits or variances for business signs, outdoor storage, parking spaces, loading docks, and driveways;
d) Screening or setting aside areas of land to serve as a buffer of the proposed use in the T-District from adjacent properties by walls, fences, landscaping, or open spaces; and
e) Such additional conditions and limitations on use, building dimensions, open spaces, and the like as may be deemed necessary to carry out the intent of this section and this zoning code.
(5) All the powers exercised pursuant to this section shall serve the objectives to create orderly transitions between districts, to minimize adverse impacts of one district upon the other, and to promote the development of property in T-Districts.
(F) Review procedures and regulations. The following review procedures apply to all T-District development plan applications:
(1) Step 1 - T-District zone map amendment and preliminary development plan.
a) The owner or owner's authorized agent shall submit an application for a T-District zone map amendment and preliminary development plan in accordance with the provisions of this section.
b) Complete T-district zone map amendments and preliminary development plans shall include all the required information per the approved checklist.
c) The Planning Commission may waive submittal requirements as inapplicable.
d) The T-District zone map amendment and preliminary development plan shall be prepared by a professional planner, engineer, or landscape architect.
e) The owner or owner's authorized agent may request that the development be phased. If this is desired, a phasing plan shall be submitted with the preliminary development plan.
(2) Step 2 - Staff review.
a) The Building Official shall review the T-District zone map amendment and preliminary development plan application to determine completeness and shall distribute the application to other city departments and consulting professionals and agents of the city as appropriate for review and comment.
b) Upon determination that the application is complete, the Building Official shall refer the application to the Planning Commission for review within 90 days.
(3) Step 3 - Planning Commission review and recommendation.
a) The Planning Commission shall hold a public hearing on the T-District zone map amendment and shall furnish to City Council its recommendation with respect to the submitted plans. Public hearings shall be subject to the procedures set forth in § 153.201(B): Public Notification for Public Hearings.
b) The Planning Commission may recommend that the T-District zone map amendment and preliminary development plan be approved, disapproved, or modified.
c) If the Planning Commission finds that any of the regulations or standards are inapplicable because of unusual conditions, it may recommend to Council that an adjustment in such regulations or standards be made.
(4) Step 4 - City Council review and action.
a) City Council, at their next regular meeting following receipt of the Planning Commission's recommendation, shall set a date for public hearing on the zone map amendment and the preliminary development plan subject to the procedures set forth in § 153.201(B): Public Notification for Public Hearings.
b) Following the public hearing, City Council shall approve, disapprove, or modify the T-District zone map amendment and preliminary development plan. If City Council reverses the recommendation by the Planning Commission, it shall only do so by the affirmative votes of not less than two-thirds of its members.
c) Following approval of the T-District zone map amendment and the preliminary development plan, the owner or owner's authorized agent shall submit the final development plan and submit a zoning certificate application for the development area.
(5) Step 5 - Final development plan.
a) The owner or owner's authorized agent shall submit complete final development plans that include all the required information per the approved checklist.
b) The Planning Commission may require additional drawings, information, studies or plans to supplement the required information.
(6) Step 6 - Staff review.
a) The Building Official shall review the final development plan application to determine completeness and shall distribute the application to other city departments and consulting professionals and agents of the city as appropriate for review and comment.
b) Upon determination that the application is complete, the Building Official shall refer the application to the Planning Commission for review within 90 days.
(7) Step 7 - Planning Commission review and action.
a) The Planning Commission will review the final development plan to determine its substantial compliance with the preliminary development plan. Plans not found in compliance are subject to the procedures in § 153.256(G): Amendments to Plan below.
b) If the Planning Commission disapproves the final development plan, the developer has the right to appeal the decision to City Council within 20 days of the disapproval. City Council's decision is final.
c) If the Planning Commission approves the final development plan, the Building Official shall be notified and zoning certificates and other permits shall be issued as applicable.
(G) Amendments to plan.
(1) Major modification. At any time after the approval of the preliminary development plan, the owner or owner's authorized agent may request an amendment to their plans. If it is determined by either of City Council's representatives on Planning Commission that the amendment is a major departure from the approved plans, the amendment shall be processed as a new preliminary development plan. For purposes of this section a major departure may include, but is not limited to, a substantial change to the basic design, density, uses, circulation, or open space requirements of the approved plan.
(2) Minor modification. At any time after the approval of the final development plan, the owner or owner's authorized agent may request an amendment to their plans. If it is determined by either of City Council's representatives on Planning Commission that the amendment is a minor departure from the approved plans, the amendment shall be processed as a final development plan application. If it is determined that the amendment is a major departure from the approved plans, the amendment shall be processed as a preliminary development plan.
(Ord. 4-2016, passed 3-2-16)