[CC 1988 §42.800; Ord. No. 578 §1, 10-17-1988; Ord. No. 654 §1, 10-2-1989]
The purpose and intent of the Business Park District is to provide an area in the community within which office, commercial and industrial firms can locate with an assurance of a high permanent level of design quality, extensive site amenities, open space and environmental protection. The restrictions and conditions applied to this zone shall be designed to promote the development of a park like atmosphere which will be conducive to the construction of buildings and parking lots which are pleasing in appearance and which harmonize with the surrounding built and natural environments.
In addition, these regulations are designed to promote flexibility in building design, to promote efficient use of the land, to provide both active and passive open space, and to insure a quality of construction commensurate with the community's appearance standards as set forth herein and as are from time to time established by the Board of Aldermen.
When the Planning and Zoning Commission and Board of Aldermen determine that it is in the City's best interest, established standards for building heights and area regulations may be varied to promote design flexibility and the community standards as provided herein.
The granting of approval under this category establishes an approved site plan and appropriate supporting documents as the sole use or uses and site arrangement allowed under this zoning district.
[CC 1988 §42.810; Ord. No. 578 §1, 10-17-1988; Ord. No. 654 §1, 10-2-1989; Ord. No. 1389 §1, 12-21-1998; Ord. No. 1720 §1, 5-20-2002; Ord. No. 2404 §§1 — 2, 1-16-2007]
Permitted land uses and developments shall be established in the conditions of the ordinance governing any particular Business Park District. All proposed uses shall be reviewed on a case-by-case basis and shall be allowed in any particular "BP" District only when found to be in compliance with an approved development plan. The following uses and types of uses shall be encouraged in the "BP" District in accordance with the provisions for site plan reviews and in accordance with approved area-wide plans which have been adopted by the Board of Aldermen. However, uses proposed for existing structures which would not result in the exterior modification of buildings or land and which satisfy the "Conditions of Use" of this Article may be authorized by the City Development Administrator without Planning Commission approval. The Planning and Zoning Commission shall determine if proposed uses meet the standards set forth in the "Conditions of Use" Section of this Article. Following is a listing of the type of uses this district is intended to encourage and may permit, however, this list is neither inclusive or exclusive of all possible types of uses.
Arenas and stadiums.
Broadcasting studios and facilities for radio, TV, telephone.
Day care facilities.
Hospitals, medical offices, clinics.
Medical and dental facilities.
Adult retirement community, retirement community, housing which restricts occupancy to the age of the occupants.
Offices, office buildings.
Recreation facilities including, but not limited to, golf course, clubhouse, swimming pool, tennis courts, running paths, amphitheater.
Schools, colleges, public and private.
Assisted living facilities.
Any proposed use that is not listed above shall be reviewed by the Planning and Zoning Commission and forwarded with a recommendation to the Board of Aldermen for final determination and approval.
[Ord. No. 2404 §5, 1-16-2007]
The following uses will be allowed by special use permit where the applicant can demonstrate to the satisfaction of the Planning and Zoning Commission and the Board of Aldermen that nearby properties will not be negatively affected and that the basic purpose and intent of the "BP" Business Park zoning district, as described in Section 410.610, is preserved.
Car washes and automobile service stations.
Manufacturing, fabrication, assembly, processing or packaging of any commodity, so long as such activity is conducted completely within an enclosed area, is done in compliance with the regulations contained herein.
Retail facilities, except as prohibited.
[CC 1988 §42.820; Ord. No. 578 §1, 10-17-1988; Ord. No. 654 §1, 10-2-1989; Ord. No. 1389 §1, 12-21-1998; Ord. No. 1720 §1, 5-20-2002; Ord. No. 2404 §§3 — 4, 1-16-2007]
These uses shall include uses with physical and operational requirements which generate substantial noise, odor, dust, glare, heat, vibration or are of a character not compatible with the aesthetic standards of this district. These shall include, but are not limited to:
Adult entertainment or bookstore facilities.
Animal storage, processing.
Auto body repair operations.
Automobile, go-cart, motorcycle or any other vehicle endurance or racetracks.
Breweries (but not distribution).
Commercial parking lots or structures.
Distillation of bones.
Extraction of raw materials.
Facilities producing or processing explosives or flammable gases or liquids.
Fat rendering or facilities for meat packing or tanning.
Food processing plants.
Junk yards, wrecking yards, salvage yards.
New or used car sales lots.
Public and private utility storage yards.
Refining or storage of petroleum or its by-products.
Residential, except as provided in Section 410.620(9).
Sales of RVs, boats, motorcycles.
Smelting of iron, tin, zinc or any other ore or ores.
Steel mills, foundries.
Stockyard, slaughtering of animals.
Storage yards for contractors' equipment, supplies.
Sulphur, cement, rubber reclamation or processing plants.
Tattoo parlor/piercing salon, except that ear piercing may be allowed as a service, accessory to and complimentary to the sale of earrings.
Tire manufacturing, processing or retreading, but not distribution.
Trailer courts and recreational vehicle campgrounds.
[CC 1988 §42.830; Ord. No. 578 §1, 10-17-1988; Ord. No. 654 §1, 10-2-1989]
All uses in this district shall be subject to site plan review and approval by the Planning Commission and the Board of Aldermen. The standards for review of such development plans and the uses they propose to contain shall be as follows:
Will have a minimal adverse impact on the location, size, design, operating characteristics and property values of existing and future primary uses on neighboring properties.
Will not inhibit the consolidation of adjoining parcels of land in this district.
Is compatible in appearance, size, scale of operation with existing and future uses in this district.
Is compatible with the City's comprehensive plan.
Will not create offensive odor, dust, smoke, fumes, noise, glare, heat, vibrations or traffic which are incompatible with the primary uses allowed in this district.
Will provide vehicular and pedestrian access, circulation, parking and loading areas which are compatible with the other uses of this district and will not be detrimental to the surrounding traffic flow, pedestrian safety and accessibility of emergency vehicles.
Will enhance the open space, recreational facilities or aesthetic features of this district.
At the specific location, will contribute to and promote the community welfare or convenience.
[CC 1988 §42.840; Ord. No. 578 §1, 10-17-1988; Ord. No. 654 §1, 10-2-1989; Ord. No. 1389 §1, 12-21-1998; Ord. No. 3864, 6-18-2018]
The following uses shall be allowed as accessory uses in "BP" District subject to site plan review and approval by the City Development Administrator.
Uses and structures customarily accessory and incidental to a permitted or conditional primary use.
Bus shelters, mass transit facilities and street furniture.
Solar collection apparatus.
Antennas, including satellite dish antennas.
Day care facilities.
Indoor and outdoor recreational facilities such as, but not limited to, swimming pools, saunas, game and craft rooms, exercise and dance studios, community meeting rooms, playgrounds, pavilions, shelters, tennis and other play courts, bike and walking trails, pedestrian plazas and courts and art work.
Parking and landing facilities and areas provided in conjunction with a primary use.
Health care facilities.
[CC 1988 §42.850; Ord. No. 578 §1, 10-17-1988; Ord. No. 654 §1, 10-2-1989]
Single-Family Dwellings. Non-conforming single-family dwellings shall be allowed to remodel or expand in accordance with the Architectural Review Board procedures provided in Section 405.360. In addition, the following provisions shall apply:
Change of use. Any change in the use of a pre-existing non-conforming dwelling structure shall be subject to all requirements for new developments in this district.
Lot adjustments. Lot adjustments to pre-existing residential structures shall be permitted in accordance with the subdivision regulations of this Code, however, the creation of additional residential lots shall not be permitted. Single-family lots may be adjusted so that the resulting lot is not less than five-tenths (.5) acre, and that building setbacks comply with the setback requirements of Section 410.230(B), "SR2" setback requirements.
[CC 1988 §42.860; Ord. No. 578 §1, 10-17-1988; Ord. No. 654 §1, 10-2-1989]
Any change in the use or the exterior of any non-single-family dwelling unit structures shall be subject to all requirements for new developments in this district.
[CC 1988 §42.870; Ord. No. 578 §1, 10-17-1988; Ord. No. 654 §1, 10-2-1989; Ord. No. 1389 §1, 12-21-1998; Ord. No. 2404 §6, 1-16-2007]
Minimum Lot Area. No minimum lot area is established for this district, however, lot dimensions shall be sufficient to meet the other requirements of this Section.
Minimum setbacks for building structures are as follows:
Front yard. Fifty (50) foot minimum. Corner lots shall have structures set back fifty (50) feet from both streets.
Side yard. Fifteen (15) feet minimum.
Rear yard. Thirty (30) feet minimum.
Minimum setbacks for parking lots are as follows:
Front yard. Twenty-five (25) feet.
Side yard. Ten (10) feet.
Rear yard. Ten (10) feet.
When a site abuts a residential zoning district, structures in this district shall be set back a minimum of one hundred fifty (150) feet and parking lots shall be set back a minimum of fifty (50) feet from the property line closest to the residential zoning district. A landscaped buffer or screen shall be provided between residential areas and business park district areas.
Internal Building Setbacks. Within a development of single ownership with multiple buildings, buildings shall be set back from other buildings at a minimum of twenty (20) feet and fifteen (15) feet from an internal access road, driveway or parking lot.
Building Height. Seventy (70) foot maximum. Where the footprint of a proposed building is located closer than three hundred (300) feet to any platted and improved single-family residential building lot located in any of the City's "SR-1", "SR-2", "SR-3", "PR" and "PD" zoning districts and in existence on January 1, 2007, the maximum building height is fifty (50) feet.
Corner Visibility. No sight-obscuring structures or plantings exceeding thirty (30) inches in height shall be located within a twenty (20) foot radius of the lot corner nearest the intersection of two (2) streets or a street and a private driveway. Trees maybe located within this twenty (20) foot radius so long as they are maintained to allow at least ten (10) feet of visual clearance below the lowest hanging branch.
Lot Coverage. Buildings, parking lots and driveways shall not cover more than sixty percent (60%) of a lot.
Exception To Dimensional Standards. The requirements of this Section may be modified by the Planning and Zoning Commission. When such modifications are consistent with the purposes set forth in this Article and with the comprehensive plan, minor modifications to approved site plans may be made by the City Development Administrator. Minor modifications shall consist of slight changes to the alignment of buildings, structures, parking facilities, lot lines and street alignments.
[CC 1988 §42.880; Ord. No. 578 §1, 10-17-1988; Ord. No. 654 §1, 10-2-1989; Ord. No. 2878 §1, 8-2-2010]
All development within the Planned Business Park District is subject to the review procedures and applicable requirements of Section 405.320 (Site Plan Review) and Section 405.330 (Subdivision Requirements). In addition, the following standards, requirements and objectives shall also apply to all development in this district:
Area plans. Development shall comply with any special requirements or provisions that may be required by area or comprehensive plans which have been adopted by the Board of Aldermen.
Innovation. Developers are encouraged to propose innovative land use plans and building designs which promote the purpose and intent of this Chapter.
Building siting and design.
The design and siting of buildings shall compliment the natural terrain to the greatest extent possible.
Open, landscaped front yards should be required.
All exterior surfaces of a building should be designed with compatible material.
Durable and attractive materials such as textured concrete, stone, brick, finishing wood and glass are encouraged. Large exterior wall surfaces should be designed with change-of-planes, ribbing, fluting, texturing, banding or other techniques to add visual interest. Use of decorative concrete block masonry and prefabricated metal panels may be permitted when used in combination with other permitted exterior materials. Buildings which are entirely covered with prefabricated metal siding or non-decorative concrete masonry block on any exterior wall or use only the combination of prefabricated metal siding and concrete block masonry shall be prohibited.
Natural, non-primary or muted colors are encouraged. Primary colors shall be limited to accent colors only.
All roof top equipment must be screened from view from any street, parking lot or other building within the district. All mechanical equipment shall be screened or colored to blend in with the field color of the building. Roof top equipment may be permitted without screening if it is of a low profile design, in a location on the roof which is not visible from adjoining properties, and is of a color which blends in with the building color.
All exterior building materials, finishes and colors shall be coordinated to achieve a continuity of design. All exterior doors, grills and building trim shall be painted consistent with the color scheme of the building.
Vents, louvers, coping, flashing, tanks, stacks and all similar sheet metal items shall be painted consistent with the color scheme of the building.
Antennas, aerials and other radio wave transmitting and receiving equipment shall be located to the rear or "hidden" side of the building.
Fencing shall be permitted as follows:
No fence shall be permitted in front yards.
Unless otherwise approved by the Planning and Zoning Commission, fences shall not exceed eight (8) feet in height.
Fences shall be designed to be consistent in style and color with the principal structure. Corrugated fencing material is prohibited. Chain-link type fencing is permitted if it has been pre-finished in an approved color. Black, brown or green are recommended for this type of fencing, however, alternative colors may be approved if they are found to be compatible with adjoining structures.
Outdoor storage and refuse collection. All outdoor storage and/or refuse collection areas and containers shall be fully screened from streets and adjacent properties and shall not be permitted in any front yards. Landscaping of these areas is required.
Sidewalks and bikeways shall be provided along all collector and arterial streets in accordance with the construction standards provided in the "Engineering and Plan Preparation Manual for Public Facilities" found in Appendix A to Title V.
[Ord. No. 3702 § 1, 6-19-2017]
Utility lines shall be located underground.
Lighting systems for all exterior areas shall be required to use high pressure sodium bulbs and fixtures. Lighting standards shall not exceed thirty (30) feet in height. Lighting fixtures shall direct light toward the ground and prevent glaring of light onto adjoining properties and streets.
Building foundations shall not be exposed by more than twelve (12) inches.
Landscaping. A landscaping plan must be submitted and approved by the Planning Commission prior to approval of the final site plan. Landscaping plans shall be the following standards:
All yards and open spaces surrounding buildings, parking lots, access drives and streets shall be landscaped with trees and shrubs and shall be maintained by the property owner.
Parking lots shall be landscaped with at least one (1) two and one-half (2½) caliper shade tree for every seven (7) parking spaces. These trees shall be planted in a landscaped planting area with dimensions of at least ten (10) feet by ten (10) feet. The spacing of these trees shall be determined during the site plan review process and shall be arranged to maximize the amount of shaded areas within parking lots.
Building foundations shall be landscaped at a ratio of at least one (1) shrub or tree for every ten (10) feet of exterior wall. Clustering of these plantings is also encouraged.
Each site shall be required to install a permanent irrigation system in front yards.
Ingress and egress standards.
The following shall be based on criteria established by the "Engineering and Plan Preparation Manual for Public Facilities" found in Appendix A to Title V:
[Ord. No. 3702 § 1, 6-19-2017]
Common access drives for adjacent businesses and lots is encouraged.
Streets and stormwater conveyance standards. Streets and stormwater conveyance standards are required. Streets, stormwater conveyance systems and testing of same shall be regulated by the "Engineering and Plan Preparation Manual for Public Facilities" found in Appendix A to Title V.
[Ord. No. 3702 § 1, 6-19-2017]
[CC 1988 §42.890; Ord. No. 578 §1, 10-17-1988; Ord. No. 654 §1, 10-2-1989]
All developments shall:
Not emit any smoke, dust, glare, noise, gases or other matter in such quantities as to be readily detectable at any point beyond the perimeter of the site.
Not include the storage or maintenance of water or materials which attract or aid in the propagation of insects or rodents or create a health hazard.
Provide or contract for the suppression, containment and cleanup of hazardous materials acceptable to the local Fire Department.