CHAPTER 1147
C-R District
1147.01   Purpose.
1147.02   Uses.
1147.03   Development standards.
1147.04   Landscaping/screening.
1147.05   Parking and loading.
1147.06   Integrated development plan review and approval.
1147.07   Site plan approval required.
CROSS REFERENCES
      Supplementary regulations - see P. & Z. Ch. 1151
      Conditional zoning certificates - see P. & Z. Ch. 1153
      Parking and loading requirements - see P. & Z. Ch. 1155
      Nonconforming uses - see P. & Z. Ch. 1157
      Sign regulations - see P. & Z. Ch. 1159
      Site plan review - see P. & Z. Ch. 1152
   1147.01  PURPOSE.
   This district is purpose of the C-R District to:
   (a)   Provide areas where flexible and innovative combinations of predominantly commercial, office and residential land uses and ancillary uses can be developed with unified site design;
   (b)   Provide a living, working and shopping environment within the layout of unified site(s) that contribute to a sense of community;
   (c)   Provide a development framework that obtains commercial and residential activity that significantly improves/enhances the economic base of the City while also balancing the preservation and enhancement of natural amenities/features of the land.
      (Ord. 2014-23.  Passed 3-24-14.)
   1147.02  USES.
   Within the C-R District the following uses are either permitted as of right, conditionally permitted after obtaining a conditional use certificate or are accessory uses incidental to the principal uses:
   (a)   Permitted Uses.
      (1)   Single-family dwellings.
      (2)   Two-family dwellings.
      (3)   Retail, personal and financial service uses that serve the site residents as well as the City and surrounding area to include restaurants.
      (4)   Professional, administrative or executive offices.
      (5)   Indoor and outdoor recreation/entertainment facilities including but not limited to health and racquet clubs, tennis courts, swimming pools, movie theaters, community theater, etc.
      (6)   Libraries, post office branches.
      (7)   Uses similar in character and in keeping with the intent of the district as determined by the Planning Commission as per Section 1151.04.
      (8)   Accessory uses incidental to the principal use.
(9)   Signs as regulated by Chapter 1159.
   (b)   Conditional Uses.  The Planning Commission may issue conditional zoning certificates for the following uses subject to requirements of Chapter 1153.
      (1)   Day care facilities.
      (2)   Institutions for human/medical care, nursing homes, hospitals, sanitariums, assisted living facilities, independent senior living facilities, child day care centers, and philanthropic institutions.
      (3)   Hotel/motel facilities.
      (4)   Nonprofit charitable/civic organizations, offices/meeting or instructional facilities of the nonprofit, civic organizations.
      (5)   Public utility facilities.
      (6)   Taverns.
   (c)   Accessory Uses.
      (1)   Accessory buildings and uses clearly incidental to the principal uses on the site or lot.
      (2)   Signs as regulated by Chapter 1159.  (Ord. 2018-108.  Passed 9-10-18.)
   1147.03  DEVELOPMENT STANDARDS.
   The Planning Commission shall have the ability to deviate from the following standards as may be necessary to accommodate ownership of individual lots comprising the integrated development site.
   (a)   Minimum Integrated Development Site Size.  Twenty acres under the total control of the integrated development site applicant.
   (b)   Minimum Individual Lot Size.  Within an already approved integrated development site only, five acres under the total control of the individual lot applicant.
   (c)   Minimum Individual Lot Size for Residential Uses.
      (1)   Single-family detached dwellings: 16,000 sq. ft.
      (2)   Two-family dwellings: 18,000 sq. ft.
   (d)   Integrated Development Site Perimeter Standards.
      (1)   Front yard depth: 35 feet from road right-of-way.
      (2)   Side and rear yard depth: (see yard definitions)
         A.   25 feet if project is adjacent to a nonresidential district.
         B.   75 feet for nonresidential structure adjacent to a residential district.
         C.   50 feet for multi-family structures adjacent to a residential district.
         D.   30 feet for single and two-family units.
      (3)   Minimum lot width at the building line of the integrated development site: 300 feet.
      (4)   Minimum integrated development site frontage: 300 feet.
      (5)   Maximum building height: 34 feet.
   (e)   Individual Lot Standards for Nonresidential Uses:
      (1)   Front yard depth: Minimum distance of all structures from the road right- of-way: 35 feet.
      (2)   Minimum Side Yard Width and Rear Yard Depth (see yard definitions).
         A.   25 feet adjacent to a nonresidential district or use.
         B.   40 feet adjacent to a residential district or use.
      (3)   Minimum individual lot frontage: 150 feet.
      (4)   Minimum lot width at the building line: 150 feet.
      (5)   Maximum building height: 34 feet.
   (f)   Individual Lot Standards for Single Family Detached Dwellings:
      (1)   Minimum Front Yard Depth: 50 feet.
      (2)   Minimum Rear Yard Depth: 50 feet.
      (3)   Minimum Side Yard Width:
         A.   16 feet adjacent to a nonresidential district or use.
         B.   8 feet adjacent to a residential district or use.
      (4)   Minimum individual lot frontage: 80 feet.
      (5)   Minimum lot width at the building line: 80 feet.
      (6)   Maximum building height: 34 feet.
   (g)   Individual Lot Standards for Two-Family Dwellings:
      (1)   Minimum Front Yard Depth: 50 feet.
      (2)   Minimum Rear Yard Depth: 30 feet.
      (3)   Minimum Side Yard Width:
         A.   20 feet adjacent to a nonresidential district or use.
         B.   10 feet adjacent to a residential district or use.
      (4)   Minimum individual lot frontage: 100 feet.
      (5)   Minimum lot width at the building line: 100 feet.
      (6)   Maximum building height: 34 feet.
         (Ord. 2018-102.  Passed 8-13-18.)
   1147.04 LANDSCAPING/SCREENING.
   At a minimum the following landscaping/screening requirements shall apply in addition to any requirements of site plan review:
   (a)   When an integrated development site or individual lot is adjacent to a residential district or use a twenty foot wide landscaped buffer strip along the residential district boundary or lot line as may be applicable shall be planted.  Said buffer strip shall be at least six feet in height at the time of planting and shall consist of a combination of deciduous and coniferous trees and bushes to provide year-round screening.  Sight obscuring fencing, approved by the Planning Commission, may be used in lieu of screening or in appropriate combination with.  If the existing tree and vegetation cover provide sufficient obscuring effect, or can be blended with infill evergreens to achieve the desired effect, then the existing vegetation and tree stands shall not be removed or disturbed but shall be used to enhance the aesthetics and environment of the integrated development site and/or individual lot and surrounding area.
   (b)   When the integrated development site or individual lot as may be applicable is adjacent to a nonresidential use or district, then the Planning Commission shall require a ten foot wide landscaped buffer strip along the nonresidential district boundary or lot line as may be applicable shall be planted.  Said buffer strip shall be at least six feet in height at the time of planting and shall consist of a combination of deciduous and coniferous trees and bushes to provide year-round screening.  Sight obscuring fencing, approved by the Planning Commission, may be used in lieu of screening or in appropriate combination with.  If the existing tree and vegetation cover provide sufficient obscuring effect, or can be blended with infill evergreens to achieve the desired effect, then the existing vegetation and tree stands shall not be removed or distributed but shall be used to enhance the aesthetics and environment of the integrated development site and/or individual lot and surrounding area.
   (c)   All existing natural and planted landscaping and fencing shall be maintained in perpetuity to insure the continuous integrity and intent of the screening.
      (Ord. 2014-22.  Passed 3-24-14.)
   1147.05  PARKING AND LOADING.
   Parking and loading requirements shall apply to an integrated development site and/or individual lots, as may be applicable, per Chapter 1155, except for yard restrictions where the following shall apply:
   (a)   Required off street parking facilities may occupy perimeter setback areas, to within twenty feet of the property line but may not occupy required open area between buildings, nor infringe into other open space areas required.
   (b)   Parking areas may not be located within twenty feet of the road right of way nor within ten feet of any residential structures unless garages are attached to dwelling units.  Parking areas shall be designed to minimize extent to which residential structures will be surrounded by parking on more than one side.
   (c)   A ten foot wide landscaped strip shall be planted between parking areas and street rights of way.
   (d)   A minimum five foot wide landscaped strip shall be planted between residential parking areas and the residential structures.
   (e)   When parking areas are located adjacent to a residential district or use, the parking area shall be screened from the adjacent residential district by a ten foot wide screen of at least six feet in height at the time of planting.  Screen plantings should consist of a combination of deciduous and coniferous trees and bushes to provide year-round screening.
   (f)   When nonresidential parking areas are adjacent to residential living areas, within the project, the parking area shall be screened from the residential area by a twenty foot wide screen of at least six feet in height at the time of planting.  Screen plantings shall consist of a combination of deciduous and coniferous trees and bushes to provide year-round screening.  A combination of fencing and landscaping may be used as determined by the Planning Commission to achieve the same effect.  (Ord. 2014-22.  Passed 3-24-14.)
   1147.06 INTEGRATED DEVELOPMENT PLAN REVIEW AND APPROVAL.
   In addition to conforming to the standards of Chapter 1152, a C-R District development shall be reviewed in conformance to the provision of this chapter prior to the issuance of a zoning certificate.
   (a)   Integrated Development Plan.
      (1)   General.  An applicant requesting a zoning certificate for a C-R development shall submit an overall integrated development plan of the entire project area/site to the Zoning Inspector.  The integrated development plan should include the general location and types of structures and dwelling units including numbers for each type; community facilities; location and type; vehicular circulation concept including identification of public and/or private roads and location of major parking areas; pedestrian system; locations and amounts of open space and types of facilities to be developed; and proposed utilities.  In addition to the C-R integrated development plan, the applicant shall submit appropriate drawings showing the existing topography, vegetation, generalized soil conditions and other natural features; existing structures on the subject property and all adjacent properties; existing utilities on the site and on adjacent street rights-of-way.
      (2)   Deed restrictions.  The integrated development site or individual lot applicant, as may be applicable, shall include proposed deed restrictions for the subject premises which would require conformance of the uses of the property to applicable zoning and subdivision regulations of the City and include language indicating that the restrictions of the declaration of deed restrictions are intended for the sole benefit of the City and may be modified or amended by the declarants, their respective heirs, executors, administrators, successors and assigns, in whole or in part, only with the consent of Council by an ordinance duly adopted by Council as evidenced by its minutes.
      (3)   Mix of uses.  Each integrated development site shall have a minimum mixture of two or more different nonresidential uses i.e., retail, office, residential, recreation, hotel, etc.  The integrated development plan shall contain approved areas for permanently developed retail, office, recreational, hotel or other sufficient revenue producing uses of not less than twenty-five percent (25%) of the total acreage of the integrated development site.  The site shall be developed according to a coherent, integrated development plan.  The development plan shall contain completion dates for all phases, as may be applicable.  All individual lots comprising the integrated development site shall be interconnected by pedestrian walkways.
      (4)   Phasing.  If the development is to be implemented in phases, each phase must have adequate provision for access, parking, storm water management, and other public improvements to serve the development in accordance with the Zoning Ordinance and City Subdivision Regulations.  Each phase shall be provided with buffers or protective areas in accordance with the integrated development plan.
      (5)   Planning Commission review.  The Zoning Inspector shall transmit the application including the materials submitted in accordance with provisions of this chapter to the secretary of the Planning and Zoning Commission to be placed on the agenda for the next Commission meeting.  The Commission shall have a maximum of ninety days in which to review the application and to either approve the application, disapprove the application or inform the applicant of modification necessary to bring the application into conformance with all applicable ordinances.
      (6)   City Council approval.  Upon approval of the integrated development plan by the Planning and Zoning Commission, the material submitted and reviewed by the Commission shall be transmitted promptly to Council.  Within sixty days, Council shall review and consider whether Planing and Zoning Commission approval of the integrated development plan should be confirmed or confirmed as modified by amendments thereto adopted by Council.  If Council confirms the integrated development plan as submitted or modified, the applicant is authorized to proceed with the final development plans pursuant to subsection (a)(7) hereof.  If Council does not confirm the approval of the Planning and Zoning Commission, the integrated development plan is determined to be disapproved.  Any subsequent modification to an approved integrated development plan shall be submitted to Council for its approval.
      (7)   Effect of City Council approval.  Upon confirmation of an approved integrated development plan, the applicant is authorized to apply for a zoning certificate for all, or any portion thereof, of the integrated development plan pursuant to procedures of Sections 1107.01 and 1107.02 and the requirements of Chapter 1152 of the Codified Ordinances.  A zoning certificate for a residential use shall not be issued unless a minimum of one nonresidential use has been approved.  Development of residential uses only, without any nonresidential uses shall be prohibited.  As additional assurance that the property is in fact developed in accordance with the integrated development plan, the developer, prior to the issuance of a zoning certificate, shall submit to the City, in form satisfactory to the Law Director, deed restrictions for the entire integrated development site requiring that the site be developed for use in accordance with the approval integrated development plan.  Such restrictions shall provide that any amendments thereto must receive the approval of Council and that the City as a third party beneficiary, may enforce the restrictions. 
         (Ord. 2014-22.  Passed 3-24-14.)
   1147.07 SITE PLAN APPROVAL REQUIRED.
   (a)   Site plans of the integrated development site or individual lot(s), as may be applicable, shall be submitted for site plan review and approval by the Planning Commission to insure compliance with the standards set forth in this chapter.  In addition to the requirements of Chapters 1152, the integrated development site or individual lot applicant shall submit a community impact statement with the site plan application that details the impact on community facilities of the proposed development when completed.  This information shall be used to help determine the need for any additional improvements deemed necessary and reasonable beyond what is proposed by the integrated development site or individual lot applicant.  If the project is in phases, the impact statement shall be broken down by these phases.  At a minimum this statement shall include measurable impact on:
      (1)   Traffic: Vehicular trips projected and how those trips are distributed to the City’s street network to determine additional traffic loads placed on arterials and collectors;
      (2)   Amount of water supply and sewage effluent to be generated by the project;
      (3)   Additional children to be added to local public school systems;
      (4)   If the City concludes that the proposed development will challenge the capacity of existing City infrastructure, it shall be the integrated development site or individual lot applicant’s, as may be applicable, obligation to include within the impact statement appropriate plans for necessary enhancement of the infrastructure for the proposed development and all phases thereof.  The cost of the enhancement of the infrastructure shall be borne by the developer.
   (b)   Failure to obtain a zoning certificate and begin construction within two years of the approved start date of the development or for each phase starting date as approved on the site plan shall render the site plan approval null and void and the applicant must resubmit site plans for review and approval.  (Ord. 2014-22.  Passed 3-24-14.)