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(A) Purpose.
(1) The Smart Growth Overlay (SGO) District is designed to promote compact, pedestrian-friendly development, encourage a compatible mix of uses, encourage more condensed residential subdivisions, provide a choice of housing types and transportation modes, preserve open space and provide a consistent development review process.
(2) The SGO District establishes and defines the development pattern, the allowed uses of land and implements standards for the siting and character of improvements and structures through the use and adoption of pattern books or form-based codes as regulatory documents. This approach is intended to allow a broad range of uses and options in order to encourage the development of diverse, attractive neighborhoods.
(3) The development plan review process will assure that adjacent uses are compatible and that design is of a high quality. The Zoning Administrator, or his or her designee, shall review all SGO District project plans to ensure proposed development patterns and standards, as depicted in the pattern book or form-based code, comply with the purpose and intent of the district.
(4) The purpose will be accomplished by the adoption of site-specific pattern books or form-based codes which evaluate urban design projects from the regional to the architectural scale. pattern books or form-based codes include a plan displaying the pattern of development for allowed uses, lot types and development standards and available architectural styles and design standards. Pattern books or form-based codes will support the SGO District by the following actions:
(a) Promoting mixed land uses and mixed-use commercial/residential buildings;
(b) Taking advantage of compact design;
(c) Fostering distinctive and attractive communities by including parks, pedestrian oriented streets, public art and community facilities;
(d) Supporting a variety of transportation choices to enhance the interconnectivity between mixed-use commercial and residential neighborhoods via streets with detached sidewalks, bike paths and walking paths;
(e) Increasing the availability of housing by creating a range of housing opportunities in neighborhoods;
(f) Establishing flexible development standards;
(g) Ensuring high quality architecture and urban design that reflects classic elements, including vernacular, or local, styles; and
(h) Clearly defining and activating the public realm by locating buildings to form street edges and corners and locating buildings to activate the street level.
(5) To accomplish the purpose, it will be necessary to form a special taxing district such as a community facilities district for maintenance of landscaping and non-necessary public infrastructure, for example, pedestrian oriented streets, public art, water features, bike and walking paths. The developer will enter into a development agreement requiring the developer to post assurances until such time that the taxing district generates sufficient revenues to become self-supporting.
(B) Intent.
(1) The Congress for the New Urbanism (CNU) was formed in 1993 to advance the principles of New Urbanism and promote their broad application. The CNU later ratified the Charter of the New Urbanism at its fourth annual Congress. Its goals promote walkable, neighborhood-based development as an alternative to sprawl. In the process of urban design, this is accomplished by identifying and focusing on development patterns within the scale of neighborhoods, districts and corridors with the idea of regulating within clear, identifiable spatial boundaries.
(2) The CNU Charter outlines principles for building better communities, from the scale of the region down to the block. The principles are intended to guide public policy, development practice, urban planning and design. It is the intent of the SGO District that development shall recognize and be in harmony with the principles of New Urbanism as summarized below.
(a) Civic sites. Clearly identified and at a prominent location, civic sites should attract residents to that location where they can meet neighbors or have scheduled community events. They also lead to a “sense of place”, which increases pride in one’s community.
(b) Walkability. A modified grid design, with sidewalks, mixed with linear parks and parkways, encourages residents to move around without the use of automobiles. This is particularly important for children and the elderly, as well as reducing fuel consumption on unnecessary vehicle trips.
(c) Connectivity. Plentiful connections between different communities within a development reduces traffic on “connector” routes, by allowing for traffic to flow on a greater number of local streets.
(d) Mix of land uses. Uses in addition to residential within a properly designed development can provide a sense of place. Access to mixed-use centers should be encouraged by both vehicles and non-vehicular means through multiple connections, sidewalks and the like. Mixed-use centers may provide housing and non-housing within the same district, or may provide only nonresidential uses, if well connected to adjacent residential uses. Retail within mixed use must have good visibility from high volume thoroughfares as well as plentiful parking in order to be financially successful. Good design can accommodate both these needs into a mixed-use design.
(e) Diverse housing types. Single-family, townhouses, multi-family apartments and condos can be integrated into one development, as long as the scale and design of adjacent uses is compatible with each other. A mix of housing types ensures that people of various socio-economic classes may live in proximity to one another and share a common pride in the community.
(f) High quality architecture and urban design. Architecture should reflect classic elements, including vernacular or local, styles. However, overly prescriptive architectural standards may raise the cost of housing construction and should be flexible when considering workforce housing.
(g) Increased density. More units on smaller lots allows for preservation of open space, reduces infrastructure and maintenance costs and allows for a more diverse mix of housing stock, which opens communities up to many socio-economic groups.
(h) Environmental sensitivity. Open space areas should also be counted toward, not in addition to, other open space requirements, such as setbacks and park dedication. This mainly applies to suburban locations that have existing natural features on site, but there are opportunities even in more urban settings.
(i) Public transportation. The structure of these communities (good connectivity, walkability and higher density) should make existing and potential public transportation service more accessible and feasible than conventional subdivisions.
(C) Applicability.
(1) Other overlay districts applicable within project boundaries shall not be subordinate to the SGO District. The SGO District may be applied to all underlying commercial and residential districts in conformance with the City General Plan. The overlay shall be established to promote the purpose and intent of this section by allowing flexibility in development patterns and uses not otherwise permitted in the underlying district and to implement stand-alone development standards through the use of site-specific pattern books or form-based codes.
(2) Where the overlay district exists and there is a conflict between the requirements and/or uses specified between the overlay with its supporting documents and the underlying district, the standards of the overlay district shall prevail.
(3) A zoning map change establishing any SGO District shall be subject to the same procedures and requirements as any other zoning map change.
(D) Permitted principal uses and conditional uses.
(1) Proposed uses listed in the adopted supporting documents for the SGO District will be supplemental to those listed in the underlying zoning districts. An example of the supplemental uses would be mixed-use buildings, live/work units and carriage houses. A list of those uses as they apply to the specific underlying zoning district shall be included within the pattern book or form-based code.
(2) Proposed uses will be evaluated to ensure they meet the purpose and intent of this section. All uses will be subject to in-house review and approval to ensure development is compatible with adjacent uses, and that identified impacts are mitigated if needed. Final determinations on project status and requirements will be made by the Director of Community Development.
(E) Rezoning submittal requirements.
(1) All SGO Districts shall have site-specific names. The naming convention shall be as follows: Smart Growth Overlay (SGO) District - Project Name.
(2) The submittal of a rezoning application shall include a site-specific pattern book or form-based code as the regulatory document(s) for the project.
(3) Pattern books shall contain at a minimum the following sections: Introduction, Community Patterns and Architectural Patterns. Optional sections may be required including, but not limited to, Landscaping and Infrastructure.
(4) Form-based codes shall contain at a minimum the following sections: Regulating Plan, Public Space Standards, Building Form Standards, Administration and Glossary. Optional sections may be required including, but not limited to, standards regulating Blocks, Building Types, Architecture and Landscaping.
(5) Pattern books or form-based codes shall generally include the following information:
(a) A master plan and/or regulating plan displaying the pattern of development for allowed uses;
(b) List(s) of uses that are supplemental to the permitted uses and conditional uses of the underlying zoning district;
(c) Lot types, building types, placement of structures on lots and development standards (i.e., setbacks, lot coverage, building height, landscaping and the like);
(d) Building forms and available architectural styles and design standards;
(e) Pertinent quantitative data such as the total number of each type of commercial building and dwelling units; parcel sizes; residential densities; total amount of open space in various categories; and parking requirements;
(f) Supporting illustrations and standards for streetscapes (local and arterial road connections), lot layouts, building frontages and elevations;
(g) Interrelationship of pedestrian and vehicular circulation system and how pedestrian walkways/pathways and bicycle facilities interconnect to adjoining neighborhoods;
(h) Supporting illustrations and standards for civic spaces and open space such as parks, squares, linear pathways/parks and plazas; and
(i) Any additional information or optional elements to be included with the pattern book or form-based code which may be necessary to properly evaluate the character and impact of the proposed development as determined by the Director of Community Development.
(6) The proposed rezoning action with the adoption of the pattern book or form-based code shall be heard by the Planning Commission and shall be forwarded to the City Council with the recommendation of the Planning Commission. Upon approval of the rezoning action and adoption of the pattern book or form-based code by the City Council, the SGO zoning shall be designated on the official zoning map.
(F) Minimum requirements; district size. Forty acres.
(G) Development, design and landscaping standards. Development, design and landscaping standards shall be site-specific, dependent upon the type of proposed project. The standards will be included in the pattern book or form-based code and shall be compliant with the purpose and intent of this overlay district.
(H) Density. Development shall comply with the overall density standards of the underlying General Plan land use designation(s) and zoning district(s).
(I) Sign standards. Sign standards shall be site-specific, dependent upon the type of proposed project. A sign package for the entire development shall be submitted for review and approval.
(J) Variations, minor deviations and major deviations.
(1) Variations submittal requirements. Variations in the aforementioned submittal requirements may be permitted which are consistent with the purpose and intent of this section as approved by the Director of Community Development.
(2) Minor deviations to the SGO pattern book or form-based code.
(a) Proposed deviations to the SGO regulatory documents (pattern book or FBC) that substantially conform to the adopted standards, regulations and guidelines, and are not in conflict with any provisions of the City of Yuma Municipal Code that may apply to the SGO, may be permitted as “minor deviations”. Minor deviations may include, but are not limited to:
1. Allowance of a use not listed in the permitted uses of the SGO regulatory documents, if the use is consistent with or similar to the intent of the General Plan, underlying zoning district and SGO designation for the area in which the use is requested;
2. Changes to numbers or letters establishing or referencing text sections or figures, including references to City Code sections;
3. Modifications to park and public space designs described in the regulatory documents;
4. Modifications to informational material contained in the pattern book or the FBC that does not have regulatory effect; and
5. Any other modifications determined by the Director of Community Development to be in accordance with the required findings for a minor deviation.
(b) 1. A request for a minor deviation shall be submitted in writing and shall include the specific text, exhibits or other changes proposed for the minor deviation and other material or information requested by the Department of Community Development in order to review the proposal and document all of the findings identified above.
2. All approved minor deviations shall be documented in writing and maintained by the city with the SGO case file. A minor deviation is not intended to replace the variance process or approve variances described in the City Municipal Code.
3. The Director of Community Development, acting upon any application for a minor deviation that is determined to be complete, shall:
a. Approve the request;
b. Approve the request with conditions or modifications;
c. Deny the request; or
d. Refer the request to the Planning Commission or Hearing Officer for consideration.
4. In order to approve a minor deviation, the Director must make all of the following findings for the minor deviation:
a. The minor deviation substantially conforms to the adopted standards, regulations and guidelines of the SGO;
b. The minor deviation is not in conflict with any provisions of the City of Yuma Municipal Code that apply to the SGO;
c. The minor deviation will not adversely affect public health, safety or welfare;
d. The minor deviation will not adversely affect adjacent property; and
e. The minor deviation will not have adverse environmental effects that have not been previously analyzed.
(3) Major deviations. Any proposed deviation to the form-based code or to the pattern book that is not a minor deviation shall be a major deviation. Major deviations to SGO regulatory documents shall be submitted to the Planning Commission for review and approval.
(Ord. O2009-19, passed 3-4-2009; Ord. O2010-32, passed 7-7-2010)
(A) Purpose and intent.
(1) The Infill Overlay District is an overlay to the underlying zoning district which may be used in combination with any zoning district provided in this zoning code. It is in the public interest to maximize efficiency of the utilization of public services, infrastructure, and facilities as a means to achieve focused growth and to provide a cost-effective method for municipal service delivery. Within the identified Infill Overlay District, there exists an opportunity to achieve maximum utilization of land resources that have been under-utilized in past development. The City of Yuma encourages infill development to be compatible and consistent with existing uses in the area.
(2) The purpose and intent of the Infill Overlay District includes, but is not limited to, the following:
(a) Encouraging investment and maintenance of the existing neighborhoods;
(b) Stabilizing and enhancing property values;
(c) Promoting new development that will enhance and protect existing structures;
(d) Encouraging efficient use of land and public services in existing neighborhoods;
(e) Providing flexibility in development standards to facilitate infill development and redevelopment; and
(f) Promoting neighborhood preservation and enhancement through redevelopment of blighted, distressed and underutilized properties.
(B) Applicability.
(1) The provisions of the Infill Overlay District apply to all parcels identified within the boundary, which meet the eligibility section below, and are able to utilize the provisions set forth in this ordinance.
All land uses and development, including but not limited to: buildings, parking areas, landscaping and design, shall be located and/or provided in accordance with the provisions of the zoning ordinance and land development regulations, except as modified by this chapter.
(2) The boundaries of the Infill Overlay District shall be based upon the Redevelopment, Revitalization and Study Areas as identified in the City of Yuma General Plan and any adopted amendments to the Redevelopment Areas and Revitalization Strategy Areas.
(C) Relationship to underlying zoning districts. All provisions of the city code that would apply to a non-infill project shall apply to infill projects except as specifically modified in this ordinance. The developer and/or owner of property within the specified area of this overlay may choose to develop their property using either the standards of the underlying zoning designation or the standards set forth within this chapter. If the developer decides to use the standards set forth in this chapter, then standards of this section shall take precedence over those of the underlying zoning designation and other sections of the zoning code. If the developer decides to use the standards of the underlying zoning designation, the standards of this chapter will not apply.
(D) Use regulations.
(1) Permitted principal uses.
(a) The principal uses as allowed in the underlying zoning districts; and
(b) Corner markets, in accordance with § 154-15.17.
(2) Conditional uses. The conditional uses of the underlying zoning district may be established or operated as a conditional use, upon application and approval by the Planning and Zoning Commission.
(E) Pre-development meetings. All development inquiries and requests within the Infill Overlay District shall be required to be reviewed and assessed during a pre-development meeting, where customers and city staff discuss typical development standards and identify any potential incentives available for a particular site.
(F) Design review procedures. Infill Overlay District development standards shall be incorporated into all project plans submitted to the city for which a building permit is required. The Zoning Administrator, or his or her designee, shall review all Infill Overlay District development standards incorporated in such project plans to ensure compliance with the intent and spirit of the district. Any property located within a Historic District or Aesthetic Overlay District will require review and approval by the Design and Historic Review Commission (DHRC) prior to the issuance of any construction or building permits.
(G) Infill Incentive Plan. The City of Yuma Infill Incentive Plan was prepared by the City Community Planning Division in coordination with Building Safety, Engineering, Utilities, the Heritage Area and City Administration. The Plan describes the process used to identify vacant and underutilized land in the city and formulates a strategy for encouraging development and redevelopment in the area. The Plan's primary goal is to promote infill development, rehabilitation, and reuse of properties that contribute positively to the identified redevelopment areas.
The Plan assesses development-related concerns in the infill area, evaluates the regulatory processes related to development, and provides focused incentives for development and redevelopment of infill sites.
(Ord. O2017-022, passed 6-21-2017; Ord. O2018-032, passed 8-1-18; Ord. O2023-028, passed 8-16-23)
(A) Purpose and intent.
(1) To permit and encourage the unified planning of large areas in order to achieve the mixture, variety and cohesiveness of land uses and amenities that such large scale planning makes possible.
(2) To encourage a more creative approach to land utilization by creating efficient, aesthetic, and desirable developments, which may be characterized by incorporating special features of the geography, topography, size, uses, or shape of a particular property into its site planning.
(3) To permit flexibility in design standards so that a Planned Area Development produces a choice in the type of environment, living units, commercial installations, and other facilities available to the public while maximizing efficient, aesthetic, and desirable use of open space.
(4) To promote a unique yet compatible development that is in harmony with the surrounding land uses and the goals of the City of Yuma General Plan.
(5) To provide a device for averaging residential density over an entire parcel and placing no restrictions on lot size or dwelling types, as long as the total density does not exceed the maximum approved in the Specific Plan and/or General Plan designation.
(6) To provide standards to ensure that Planned Area Development projects are developed with high quality, integrated site design, complimentary building architecture, efficient and safe traffic circulation, appropriate landscaping, preservation of significant natural features, and attractive site amenities.
(B) Applicability.
(1) The Planned Area Development District is an overlay zoning district which may be combined with any of the other zoning districts set forth in the City of Yuma Zoning Code, including Residential Districts, Commercial Districts, and Industrial Districts.
(2) The minimum site area for a Planned Area Development Overlay District which is subject to a Specific Plan shall be 60 acres; while a minimum site area of 160 gross acres shall be required for those not subject to a Specific Plan.
(3) Prior to development on any site within the Planned Area Development, approval of Development Plans are required. Development Plans provide the details of development for individual development parcels within the Planned Area Development. Development Plans are to be approved by City Council through Resolution.
(C) General requirements.
(1) In general, a variety of housing types shall be encouraged for residential Planned Area Developments to provide for the diverse needs of the community. Parcel densities within the Planned Area Development may be flexible as long as the maximum number of dwelling units does not exceed the maximum number approved in the Specific Plan and/or General Plan designation.
(2) Development which includes a mix of residential and commercial and/or other non-residential uses shall include specific standards in the Development Plan to address the manner in which compatibility of uses is achieved.
(3) Land uses on the perimeter of the Planned Area Development shall be designed and developed to be compatible with and complimentary to the existing and planned development reflected in the General Plan, which is in the immediate vicinity of the proposed Planned Area Development.
(4) Planned Area Developments located on the perimeter of the city boundary or abutting designated open space shall provide an appropriate approach for transition and/or buffering between land uses so as to ensure appropriate compatibility of uses. Such transitions may be addressed by reducing the density of residential development, providing additional development setbacks and/or additional open space and landscape buffering between the Planned Area Development and abutting land uses.
(5) Planned Area Development located adjacent to designated open space shall be evaluated to identify opportunities for providing non-motorized trail access from within the development to abutting open space or public lands.
(6) Development which features common space, residential subdivision landscaping, retention basins, architectural features, and other amenities, shall establish an applicable association and/or improvement district.
(D) Use regulations.
(1) Permitted principal and accessory uses. Uses permitted within the Planned Area Development District shall be limited to those uses identified in the Specific Plan and/or the underlying zoning district.
(2) Conditional uses. The conditional uses of the Specific Plan area and/or underlying zoning districts may be established or operated as a conditional use, upon application and approval by the Planning and Zoning Commission.
(E) Development Plan.
(1) Submittal and approval of a Development Plan is required prior to development of any parcel within a Planned Area Development.
(2) The Development Plan shall be generally consistent with the development parameters set forth in the Specific Plan. Refinements in site configuration and development parcel size are allowable, as long as any limitations applied to the overall Planned Area Development are met.
(3) The Development Plan shall be submitted, hard copy or digitally, with the following information included:
(a) Title page indicating the project name, location, applicant(s) and developer(s) contact information and date of submittal.
(b) Table of Contents.
(c) Project Narrative summarizing the proposed development and identifying the objectives and rationale for the proposal shall include at a minimum the following information:
1. Proposed name of development;
2. Description of location of the proposed project, including parcel numbers, addresses, if available, and closest street;
3. Summary of the proposed development use(s) and the development standards for the use(s), including:
a. Proposed number of dwelling units and dwelling types within a residential project area;
b. Proposed uses other than residential shall identify project area, square footages;
c. Proposed public streetscape and open space improvement and their relationship to the overall development;
d. Summary of proposed property development standards, including building heights, minimum lot areas, setbacks, and all other development standards;
e. A conceptual description of architectural theme, colors, and exterior building materials proposed within the development area;
f. A conceptual description of the landscaping treatment, plant materials, fences, walls, and other open space improvements;
g. Proposed location of arterial, collector, or local streets, whether public or private, within a preliminary master circulation plan;
h. Proposed location and use of all lands proposed to be dedicated for public purposes including parks, stormwater retention areas, and school sites; and
i. Preliminary master water, sewer, and drainage reports.
(d) Graphic exhibits of the proposed site plan, landscape plan, building plans and elevations, and other exhibits necessary to describe the proposed development, including the following:
1. A conceptual development site plan for the proposed development showing existing and proposed parcel boundaries, building locations, pedestrian and vehicular circulation systems, parking areas, landscape areas, right-of-way and open space areas;
2. A vicinity map identifying the project location in relation to the surrounding development and circulations systems. Indicate zoning on surrounding parcels;
3. Photographic exhibits of the subject property displaying any existing development or natural features; and
4. Other exhibits as necessary to describe the proposed project.
(e) Flexibility with development standards may be considered where superior design quality is provided resulting in a more innovative, creative project. Provide a detailed summary of proposed development standards for the project, including the following;
1. Minimum lot sizes, building setbacks, maximum height, maximum lot coverage and similar standards, as applicable;
2. Describe standards for parking, lighting, signage, and landscaping; and
3. Unique development standards, such as buffering and screening between uses, project entry features, or other requirements related to the physical development of the project.
(f) The design guidelines section of the development plan shall describe both the overall development theme and specific design details for buildings and structures, site walls, signage, lighting, landscape features, paving, and similar project elements. It is the intent of the Planned Area Development standards that each project will be developed with an integrated design theme that defines the character of the development. The applicant shall develop and provide design guidelines for the project to include the following:
1. General guidelines:
a. Describe the architectural theme for the development and provide graphic examples where necessary to illustrate how the design theme applies to the various elements of the development;
b. Provide design details for buildings, site features, site walls, signage, lighting, landscaping, pavement and other project elements;
c. For large-scale residential development, provide a variety of housing types (single-family, two-family, and multi-family), housing densities (lot width, depth and size), and home design (different floor plans, elevations and orientation);
d. Garage doors and carport openings need to be located at the same distance or farther back from the street frontage of the primary dwelling so as to avoid a neighborhood streetscape dominated by garage doors or parking structures; and
e. Provide graphic exhibits, as necessary, to describe specific details related to design guidelines, including building design, paving, landscaping, site walls, sign structures, lighting or similar features.
2. Site features:
a. Provide details for project entry features, including decorative walls, landscaping, project identification signage and other design elements;
b. Provide details for perimeter site walls. Walls should be appropriately detailed to enhance the quality and character of the project. Incorporate treatments such as stucco finish, brick, decorative cap block, combination block/wrought iron, and integration with adjacent landscaping. Wrought iron, view type fences should be utilized when adjacent to retention basins, open space, and recreational amenities. Chain link fences and standard block walls shall be avoided where visible from streets or surrounding properties; and
c. Design outdoor lighting to address safety and utility, as well as to enhance the character of the buildings, landscaping and site features.
3. Building design:
a. Provide a summary of the proposed materials and colors for the development. Describe exterior materials and colors of building components, including walls, windows, doors, and roofs. Reproductions of color samples may be included in the development plan for reference with a separate set of manufacturer’s material and color samples provided for public hearing review; and
b. Although it is the intent of this section to encourage a coordinated design theme for the Planned Area Development, variety in the design of the individual buildings and residences is strongly encouraged, including variety in building massing elements, roofing materials and exterior details.
4. Streetscape design:
a. Provide graphic details and descriptions of streetscape design for various types of streets, including local residential streets, commercial or mixed use streets, parkways and collector streets. Indicate pavement details, landscaping, site walls and unique signage to be incorporated in the typical streetscape design; and
b. Provide details of street landscaping, including proposed tree varieties. The landscaping shall be designed to enhance the aesthetic quality of the development and to integrate with the surrounding natural environment.
5. Neighborhood design:
a. Indicate how the plan provides a coherent system of neighborhood elements, including interconnected residential blocks, orientation of homes to the street, open space and parks, and safe, convenient and interconnected pedestrian connections; and
b. Provide adequate buffering and/or screening from less compatible neighborhood elements, such as arterial and collector streets, and adjacent non-residential uses.
(g) Open space standards.
1. Open space shall be designed as an integral part of the development. The designation of open space includes both undisturbed natural areas and development landscaped components. Open space should be designed to provide interconnection and continuity between undeveloped areas to the greatest extent possible so as to address the health of the environment, habitat protection and natural process.
2. Open space shall not be less than 30 percent of the gross acreage, of parcels within the Planned Area Development proposed for residential and mixed-use development, excluding public and private road rights-of-way; and not less than 10 percent of the acreage of the parcels within the Planned Area Development proposed for commercial or industrial development, excluding public or private road rights-of-way, unless offsetting community benefits are demonstrated and approved in the development plan.
3. Open space shall be conceptually depicted in the development plan as:
a. Dedicated municipal use, public parks, and school sites;
b. Bike paths, equestrian, and/or hiking trails;
c. Public or private park and recreations areas;
d. Flood way and floodplain areas designated as undeveloped areas;
e. Retention basins required to comply with one-hundred (100) year storm shall be counted as open space when improved or landscaped to be a cohesive and integral element of the overall landscape plan;
f. Landscape yards that are adjacent to streets or common areas and that are designed as commonly-maintained and interconnected areas;
g. Development site enhancements, including landscaped and hardscaped areas, plazas, and courtyards; and
h. Existing natural areas, including washes, drainage courses, riparian areas, hillsides, ridgelines, and other natural open space areas.
4. Required open space area shall not include any of the following:
a. Dedicated streets, alleys and other public rights-of-way, except that all landscaping within the rights-of-way shall be included;
b. Vehicular driveways, parking, loading, and storage areas;
c. Reservation of municipal use, public park, or school sites which the governmental entity shall be required to purchase; only if such sites are dedicated shall they constitute open space as defined above; and
d. Yards within residential areas of a Planned Area Development that are not otherwise included as part of a commonly maintained, integrated landscape.
(h) Proposed landscape standards shall be in compliance with Article 20, Landscape Regulations, of this section. Any deviations proposed for the development plan must clearly indicate an improvement to the adopted standards. In addition, the following is required:
1. Provide a master plant list for the development indicating trees, shrubs, groundcover, and other plants. Indicate proposed varieties for street trees and parking lot trees;
2. Describe techniques to ensure low water use landscaping will be provided, including xeriscape landscape treatment, greywater use and rainwater harvesting methods; and
3. Provide graphic details for typical landscape installations, including development entry features, parks or common areas, building landscaping, parking lots, pedestrian walkways, typical streetscape and similar applications.
(i) Describe proposed phasing of the development, if any, and indicate the phase lines on the site plan.
1. Interconnected public streets, sidewalks, drainage features and infrastructure may be required to be installed within the initial phase of development so as to adequately address public safety access, coherent development and functionality of facilities. The proposed phasing plan needs to indicate how adequate, safe, convenient and efficient circulation and infrastructure needs will be addressed with the phasing plan;
2. A Planned Area Development may be constructed in phases and the narrative shall specify the phases of development, locations and timing of on-site and off-site improvements for each phase, as well as, an estimated range of time for beginning and completion of each phase;
3. Requests for minor modifications to the phasing plan shall be subject to approval by the Zoning Administrator with a right of appeal to City Council;
4. Disturbed areas approved for future phased development shall include dust free surfacing and/or temporary landscaping. Additional site treatments may be required for future development areas located next to public streets or adjacent to existing development.
(j) Identify the ownership and maintenance responsibilities for common areas and landscaping within rights-of-way and identify the homeowners association, municipal improvement district, or other mechanism to assure long-term maintenance of common areas and rights-of-way.
1. In the event that certain land areas or structures are provided within the Planned Area Development for private recreational use or as service facilities, the owners of such land and buildings shall establish an arrangement to assure a continued standard of maintenance consistent with the conditions of the Planned Area Development approval.
2. All utility lines shall be installed underground.
(F) Application and procedures.
(1) The zoning request for the Planned Area Development Overlay can be submitted separately or in conjunction with the Development Plan. If submitted separately, a Development Plan will need to be submitted, reviewed and approved prior to the development of a parcel within the Planned Area Development.
(2) A request for the Planned Area Development Overlay will follow typical zoning procedures as outlined within the City Zoning Code.
(3) If submitted separately from the Planned Area Development request, the Development Plan will be processed as an independent non-zoning request, receiving approval from both the Planning and Zoning Commission as well as City Council. The Development Plan will be approved through resolution.
(a) The Planning and Zoning Commission and the City Council shall have the authority to hear and decide applications for Development Plans associated with a Planned Area Development. However, the City Council shall have the final authority to decide applications for Development Plans; the decision of the Planning and Zoning Commission shall be advisory to the City Council.
(b) In considering applications for a Development Plan, the Planning and Zoning Commission and City Council may consider the following:
1. Conformance to the General Plan Land Use Map designation for the subject property, as well as the intent of the General Plan as expressed through the goals, objectives and policies of each plan element;
2. The impact of the development on the existing and anticipated traffic and parking conditions;
3. Adequacy of proposed design criteria and development standards;
4. Pedestrian and vehicular ingress and egress, including handicapped accessibility;
5. Conceptual landscaping proposal;
6. Adequacy of utility infrastructure, including water supply and sewer capacity;
7. Site drainage and grading;
8. Open space and/or public land designations; and
9. Non-motorized and multi-modal circulation.
(Ord. O2020-020, passed 10-7-2020)
The purpose of this article is to establish general development and performance standards applicable to all zoning districts. The standards and regulations set forth in this article shall qualify or supplement, as the case may be, the district regulations set forth elsewhere in this chapter.
(Ord. O2010-32, passed 7-7-2010)
(A) Restoring unsafe buildings and structures. Nothing in this chapter shall prevent a strengthening or restoration to safe or lawful condition of any building or structure declared unsafe or unlawful pursuant to law.
(B) Security guards and caretakers. The occupancy of buildings or premises by security guards or caretakers for sleeping shall not constitute residence occupancy within the meaning of this chapter, except that, within the Airport District any such occupancy shall be expressly limited to the principal building or premises used for commercial, industrial or agricultural purposes only, in accordance with the provisions of this Code. Any such area within a commercial, industrial or agricultural building used for such purpose within the Airport District shall be limited to a maximum of 400 square feet and shall be sound attenuated.
(C) Minimum lot size.
(1) Where the provisions of this chapter establish a minimum lot size requirement which would prohibit an application for rezoning, such application may be considered if it meets the criteria set forth in division (C)(2) below.
(2) Applications which do not meet the minimum lot size as defined under the development standards for that zoning district may be considered for rezoning only if a specific plan of development is submitted at the time of the rezoning request which complies with all other development standards without the necessity of a variance.
(D) Minimum district size.
(1) Where the provisions of this chapter establish a minimum district size requirement which would prohibit an application for rezoning, such application may be considered if it meets the criteria set forth in division (D)(2) below.
(2) Applications which do not meet the minimum district size as defined under the development standards for that zoning district may be considered for rezoning only if:
(a) The property is zoned as Agriculture (AG) as a result of having been annexed by the city;
(b) The existing use is a legal nonconforming use in the Agriculture (AG) District;
(c) Rezoning to a more appropriate district is necessary in order to continue or expand the existing activity; and
(d) The proposed district at least 25% of the established minimum district size required by this chapter.
(E) Legally established yard setbacks. On any property where there is a legally established building setback line less than that required by the standards established by this chapter, that setback may be continued when expanding a structure for a use permitted by the zoning district in which the property is located. The provision is not applicable to proposed expansions in street yard setback lines.
('80 Code, App. A, § 30) (Ord. 583, passed 9-16-1952; Ord. 2375, passed 9-16-1987; Ord. O97-11, passed 3-5-1997; Ord. O97-23, passed 9-3-1997; Ord. 02000-25, passed 5-3-2000; Ord. O2002-30, passed 8-7-2002; Ord. O2010-32, passed 7-7-2010) Penalty, see § 154-999
(A) Specifications. For the purpose of this chapter, an attic story shall be deemed a full story. No story shall be deemed a first story if its floor level is more than four feet below the mean lot level, except that if any basement or cellar is used for residence occupancy by other than a janitor or caretaker, such basement or cellar shall be deemed to be a first story. A mezzanine story shall be considered a full story if it covers an area greater than one-half of the ground floor area, or if the total height of the story which includes the mezzanine exceeds 24 feet.
(B) Exceptions to height limits. The provisions of this section shall not apply to church spires, domes, belfries, cupolas, monuments, water tank towers, fire towers, observation towers, transmission towers used specifically for high voltage electrical transmission, wind-mills, chimneys, smokestacks, silos, derricks, conveyors, flag; or to a parapet wall extending not more than four feet above the limit of height of the building on which it rests; nor on High Density Residential R-3, Business or Industrial Districts, to bulkheads, elevator penthouses, water tanks, monitors or scenery lofts; provided that such structures shall not have an aggregate area greater than 25% of the ground floor area of the building, and provided that no linear dimension of any such structure other than a parapet wall shall exceed 50% of the corresponding street frontage, if the structure be within 25 feet of such frontage.
(C) Visibility. No walls, building, signs, vehicles, shrubbery or dense planting or other visual obstruction in excess of 30 inches in height shall be placed on any corner in any zoning district within the visibility triangle. Trees may be permitted, provided that the branches and leaves shall be trimmed to a minimum height of eight feet above the ground to permit unobstructed visibility.
('80 Code, App. A, § 140) (Ord. 583, passed 9-16-1952; Ord. 2096, passed 11-3-1982; Ord. 2235, passed 1-20-1984; Ord. O95-040, passed 9-5-1995; Ord. O2000-35, passed 6-21-2000; Ord. O2010-32, passed 7-7-2010) Penalty, see § 154-999
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