[Ord. No. 738 § 12, 1-9-1961]
A District "B-P" may be established on a tract of land in single
ownership or under unified control; provided, that a preliminary development
plan for a planned business district has been prepared, submitted
and approved in compliance with the regulations and requirements of
this Article.
Application shall be made to the Board of Aldermen for the re-zoning
of property for a planned business district, and it shall thereupon
be referred to the City Planning and Zoning Commission, hereinafter
referred to as the Commission, for recommendations.
The net area of land to be included in a District "B-P" and
so designated shall be at least three (3) acres in size. The term
"net area", as used herein, shall not include any areas within dedicated
highways, streets, alleys or any other public way or public property.
The location of any District "B-P" shall be on property which
has an acceptable relationship to major thoroughfares, and the Commission
must satisfy itself as to the adequacy of the thoroughfares to carry
the additional traffic generated by the development.
The plan for the proposed development must present a unified
and organized arrangement of buildings and service facilities, which
shall have a fundamental relationship to the properties comprising
the planned development and shall not adversely affect the uses of
properties immediately adjacent to the proposed development.
The requirements and regulations herein prescribed, pertaining
to height, open space, setbacks, parking and loading, may be adjusted
or modified by the Board of Adjustment after recommendation of the
Commission before a District "B-P" is established, so that the property
in question may be developed in a reasonable manner and, at the same
time, will not be detrimental to the public welfare and the interests
of the City, but in keeping with the general intent and spirit of
this Article.
The Commission shall have power to make and adopt such rules
and regulations as are necessary and proper to effectuate the purposes
of this Section.
[Ord. No. 738 § 12, 1-9-1961; Ord.
No. 1603 § 23, 3-18-1991]
The proponents of a planned business district shall prepare
and submit a preliminary development plan to the Commission for its
inspection and review, upon which plan the Commission shall hold a
public hearing. This preliminary plan of the property to be zoned
as a District "B-P", drawn to scale, shall show the boundaries of
the property proposed to be zoned, the existing topography with contour
intervals no greater than five (5) feet, unless waived by the Commission,
and the proposed size, location and arrangement of buildings, parking
areas, with proposed arrangement of stalls and number of cars, entrance
and exit driveways and their relationship to existing and proposed
streets, alleys and other public ways or public property, and any
additional information required by the Commission. The plan shall
show sufficient proposed control grades to interpret the intent of
the developer. The preliminary plan shall also show the development
of adjacent properties within two hundred feet, including the location
and type of buildings and structures thereon. If the planned business
district is proposed in an unplatted area, the preliminary plan shall
be accompanied by a plat, giving the full legal description of the
boundaries of the property to be included in the areas to be zoned
as a planned business district. It also shall be accompanied by a
plan, drawn to scale, showing the general arrangement of streets within
the remainder of such unplatted area, which plan need not extend more
than one thousand (1,000) feet from the boundaries of the area to
be zoned as a planned business district.
The developer shall indicate on the preliminary plan the stages
which will be followed in the construction of the total project.
If this preliminary plan is found to comply with the intent
of the requirements and regulations set forth in this Section, the
Commission shall, upon approval of the preliminary plan, prepare and
submit to the council a request of an amendment to this Article, which
amendment is to provide for and establish a "B-P" district for the
land covered by the preliminary plan.
[Ord. No. 738 § 12, 1-9-1961; Ord.
No. 1603 § 24, 3-18-1991]
Upon approval of the zoning change by amendment, the proponent
shall submit a final development plan to the Commission for its review
and recommendation. The final development plan may be submitted separately
for the first and each successive stage of construction.
It shall be the responsibility of the Commission to determine
that each stage, or all, of the final development plan conforms to
the intent of the preliminary plan on which the zoning change was
made. The Commission, having reviewed the final development plan for
any or all stages of the development, and finding that it conforms
to the intent of the preliminary plan, shall recommend its approval
to the Board of Aldermen.
If the final development plan fails to conform to the intent
of the preliminary plan submitted in support of the rezoning, such
final development plan may be submitted to the Commission as an amended
preliminary plan, upon which the Commission shall hold a public hearing.
The procedure shall be the same as for the original preliminary plan.
No building permit shall be issued for any construction on the
project until the Board of Aldermen shall have approved the final
development plan for at least that portion which includes the structures
for which the permit is to be issued.
A final development plan prepared for each succeeding stage
shall also be reviewed by the Commission, and, when approved by the
Board of Aldermen, shall be filed in the office of the City Engineer.
[Ord. No. 738 § 12, 1-9-1961]
The proponents of a planned business district shall prepare
and submit a schedule of construction in one or more stages, which
construction shall begin within a period of one (1) year following
the approval of the final development plan, or any stage thereof,
by the Board of Aldermen. Failure to begin construction as scheduled
shall void the plan, as approved, unless a request for an extension
of time is made by the proponents to the Board of Adjustment and approved
by such board. If, for any reason, the plan is abandoned, or if the
construction is terminated after the completion of any stage, and
there is ample evidence that further development is not contemplated,
the law or ordinance establishing such District "B-P" may be rescinded
by the Board of Aldermen, and the zoning of the entire tract, or the
portion which is undeveloped as a District "B-P", may be changed to
a suitable classification.
[Ord. No. 738 § 12, 1-9-1961]
After the final development plan has been approved and the zoning
change made, and when, in the course of carrying out this plan, adjustments
or rearrangements of buildings, parking areas, entrances, heights,
setbacks, or open space are requested by the proponents, and such
requests conform to the standards established by the approved final
development plan for the area to be covered by buildings, parking
spaces and entrances, height, setbacks and other requirements, such
adjustments may be approved by the Board of Adjustment upon application
and after receiving the recommendations of the Commission.
[Ord. No. 738 § 12, 1-9-1961]
In District "B-P", no building, structure, land or premises
shall be used, and no building or structure shall be erected, constructed,
reconstructed or altered, except in conformance with the final development
plan, and except for one or more of the following uses:
A.
Any use permitted in District "B-1", excepting advertising signs
other than as specified herein.
B.
Accessory uses customarily incident to any of the above uses, including
drive-in or curb service; provided, that there shall be no billboards
and that only one flat wall sign, or sign on the face of a building
or marquee, showing the name of each place of business and the commodities
or services offered there, and one flat wall sign on the side of each
building, showing only the name of the place of business therein,
will be permitted in a District "B-P"; except, that, in addition,
there shall be permitted one sign or structure to identify each planned
district. Such sign or structure shall be of permanent construction,
and the design shall be submitted as a part of the preliminary and
final development plan. In addition, a filling station may have one
free standing sign, to be approved as part of the preliminary plan
as to size and location.
[Ord. No. 738 § 12, 1-9-1961]
In a District "B-P", the height of buildings and the minimum
dimensions of open spaces shall be as follows:
A.
Height. Buildings or structures shall not exceed
forty-five (45) feet or three (3) stories in height.
B.
Open Spaces. There shall be a setback from any street
of at least thirty (30) feet for any building and ten (10) feet for
any parking lot. Along any other property line within or adjoining
a zoned business district, there shall be a setback for any building
or structure of at least ten (10) feet, unless the Board waives such
setback. Along any property line abutting or adjoining a zoned dwelling
house district, there shall be a setback of a least ten (10) feet
for any building or parking lot. The planned business district shall
be permanently screened from such abutting or adjoining properties
zoned for dwelling house use by wall, fence or other suitable enclosure
at least four (4) feet in height. The area adjacent to such wall or
fence shall be planted with trees and shrubs to form an ornamental
screen. Such trees and shrubs shall be properly and adequately maintained
by the owners of land included in such district.
C.
The building line along any street shall be consistent with the building
line established in the neighboring residential districts.
D.
The Board may grant a reduction in the above required setbacks where
the situation will reasonably warrant such reduction.
[Ord. No. 738 § 12, 1-9-1961]
In any District "B-P", there shall be provided off-street customer
parking space for motor cars in the ratio of at least ten (10) parking
spaces for each one thousand (1,000) square feet of sales floor area,
exclusive of storage space.
The off-street parking space required above shall be provided
in addition to any space used for a commercial parking lot, taxicab
stand, truck or bus parking. Off-street parking space for "drive-in"
service establishments shall be provided in addition to the parking
space described for all other business activities.
Ample off-street space for standing, loading and unloading of
supplies shall be provided within the development.
