[CC 1986 § 42.500]
A.
Applicability. No building permit shall be granted for any use unless
the Enforcement Officer shall find that the use shall conform to the
standards set forth in this Article.
B.
Compliance Required. No land or building in any district shall be
used or occupied in any manner so as to create any dangerous, injurious,
noxious, or otherwise objectionable fire, explosive, or other hazards,
including possible potential hazards, noise or vibration, smoke, dust,
odor or other form of air pollution in such a manner or in such amount
to adversely affect the surrounding area or adjoining premises.
C.
Standards Applicable To All Uses. The standards of performance under
this Article shall apply uniformly to all uses even though non-industrial
uses are likely to be in conflict therewith.
D.
Additional Performance Standards. Standards of performance imposed
by any other law or order which are not expressly mentioned herein
shall also be complied with.
[CC 1986 § 42.510]
A.
Development Plan Required. No building permit shall be issued, other
than for a detached single-family residence, or for structures accessory
thereto, for construction or use in any zone, except for a building
or use that is in conformity with a site development plan approved
by the Planning and Zoning Commission.
B.
Application For Site Development Plan Approval. An application for a building permit for any structure, building or other use other than a detached single-family residence shall be referred to the Planning and Zoning Commission by the Enforcement Officer within thirty (30) days after the Enforcement Officer receives said application, and such application shall contain those items required by the Planning and Zoning Commission pursuant to site plan development specifications adopted by the Planning and Zoning Commission as provided in Section 405.160(E) and a fee in the sum of thirty-five dollars ($35.00).
C.
Planning And Zoning Commission Action And Standards To Be Considered.
Within ninety (90) days of the receipt of the application, the Planning
and Zoning Commission shall render a decision to the Enforcement Officer.
If no decision is made by the Planning and Zoning Commission within
said ninety-day period, the site development plan shall be considered
approved. When acting upon said application, the Planning and Zoning
Commission shall consider the site plan in relation to the provisions
and intent of this Section of the Zoning Chapter, relationship between
the principal buildings and structures on the parcel and all accessory
buildings, structures and uses, the convenience and safety of the
parking and loading areas and the interior circulation systems and
the access to public streets, and such other criteria as directly
relate to the health, safety and general welfare of the surrounding
community.
D.
Planning And Zoning Commission Referral. The Planning and Zoning
Commission may, on its own initiative, propose a general or specific
site plan for a particular area where a site development plan approval
may be required in the future, using the requirements of this Chapter
as a guide.
E.
Site Plan Development Specifications. The following information must
be submitted in duplicate in conjunction with any application for
a building permit or special permit, requiring site development plan
approval.
1.
An area map at a convenient scale, which shall include railroads,
streams, street right-of-way and street intersections, and the location
of the nearest public roads on all four (4) sides.
2.
Boundaries of the property and existing lot lines as shown on
any existing tax map.
3.
Existing public streets, easements or other reservations of
land.
4.
A copy of any covenants or deed restrictions that are intended
to cover all or any part of the tract.
5.
Location of all existing structures on the site, as well as
those on adjacent properties within one hundred (100) feet of subject
lot line.
6.
The proposed location and use of any building or structure.
7.
The proposed location and use not requiring a structure.
8.
Plans and elevations of all proposed building or structures
or accessory structures, including all proposed outdoor signs.
9.
All existing and proposed means of vehicular access and egress
to and from the site.
10.
Location and design of all driveways, parking and loading areas.
11.
Location of all existing and proposed water lines, valves and
hydrants and all sewer lines.
12.
Where the applicant wishes to develop the project in stages,
a site plan indicating ultimate development shall be presented for
approval of the entire parcel.
[CC 1986 § 42.520]
A.
Additional Sign And Light Standards.
1.
No sign, advertising display or structure, poster or device
shall be erected, moved, enlarged, maintained or reconstructed, except
as expressly permitted in this Chapter, and except such State, County,
and City signs and traffic signs as are installed for public purposes.
2.
The following types of signs or artificial lights are prohibited:
a.
Flashing signs.
b.
Signs which project over a street.
c.
Any artificial light or reflected device connected or used with
a sign or otherwise located or displayed where such light interferes
with, competes for attention with or may be mistaken for a traffic
signal.
d.
Illuminated signs outlining any part of a building.
e.
Advertising signs (billboards).
3.
The number and sizes of accessory signs provided in Use Table
Column 5 shall apply (provided the district regulations permit).
4.
No freestanding sign shall be erected or maintained on any corner
lot within twenty (20) feet of the property line corner which may
interfere with traffic visibility across the corner, nor within twenty
(20) feet of any railroad crossing.
5.
All signs, except non-conforming signs predating the adoption of this Chapter [see Section 405.320(F)] and for which a variance has been obtained from the Board of Adjustment shall comply with all of the setback, height, clearance and other applicable requirements of this Zoning Chapter.
B.
Variance Required. The owners of all signs in existence on the effective
date of adoption of this Chapter shall have six (6) months from the
date of adoption of this Chapter to obtain a variance from the Board
of Adjustment for each such sign in existence.
C.
Removal Of Signs By Inspector. The Enforcement Officer shall move
or remove and dispose of a sign or advertising structure which:
1.
By its use creates a public nuisance.
2.
Is unsafe or is a hazard.
3.
Violates any other provision of this Zoning Chapter, except for a valid non-conforming sign for which a variance pursuant to Section 405.170(B) has been issued.
4.
Interferes with traffic or presents any traffic hazard.
D.
Charge By City. The Enforcement Officer shall charge the cost of
moving, removing, correcting, storing, or doing work on a sign or
sign structure against any one of the following, each of which shall
be jointly and severally liable for said charges:
E.
Removing Violation Notice. No person shall remove any posted violation
notice without written permission from the Enforcement Officer.
F.
Removed Signs To Be Stored. A removed sign or advertising structure
shall be held not less than thirty (30) days by the City, during which
period it may be recovered by paying the City for costs of removal
and storage, and upon payment of fine. If not removed within the thirty-day
period, the sign and structure are hereby declared abandoned and title
thereto shall vest in the City. The charge and fine may be in addition
to any penalty for the violation, and recovery of sign does not necessarily
abrogate the penalty.
G.
Violation Notice And Order. The Enforcement Officer shall issue a
violation notice and order in writing for a violation of this Chapter.
A violation notice may be issued without an order to comply. The notice
shall state the violation. The notice may also order compliance and
grant a time limit for compliance.
H.
Delivery Of Notice And Order. The notice and order shall be deemed
to give actual notice if given in either or all of the following manners:
1.
By handing in person either to the owner or occupant of the
premises on which the sign is located, the owner of the sign, the
person responsible for the sign, or the permittee; and the time for
compliance with the order shall run from that date.
2.
By mailing by certified mail, return receipt requested, addressed
to either or all of the persons described in the prior Subsection;
and the time for compliance shall start three (3) days following the
mailing date.
I.
Dangerous Signs.
1.
Should a sign be or become insecure or in danger of falling
or otherwise unsafe in the opinion of the Enforcement Officer, the
owner thereof or person maintaining the same shall, upon receipt of
written notice from the Enforcement Officer, and, in any case, within
five (5) days, secure the same in a manner to be approved by the Enforcement
Officer. If such order is hereby authorized to cause removal of such
dangerous sign, and any expense attached thereto shall be paid by
the owner of the building, structure or premises on which such sign
is located.
2.
When any sign is in such dangerous condition as to be immediately
dangerous to the safety of the public, the Enforcement Officer is
hereby authorized to take such action as in his/her opinion shall
be necessary to protect the public or property.
J.
Liability Of City Officials Or Employees. The Enforcement Officer
or any employee charged with the enforcement of this Chapter for the
City acting in good faith and without malice, in the discharge of
his/her duties, shall not thereby render himself/herself liable personally
and he/she is hereby relieved from all personal liability for any
damage that may accrue to person or persons or property as a result
of any act required or by reason of any act or omission in the discharge
of his/her duties. Any suit brought against the Enforcement Officer
or employee, because of such act or omission performed by him/her
in the enforcement of any provisions of this Chapter, shall be defended
by the City Attorney until final termination of the proceedings and
any judgment obtained therein shall be indemnified by the City.
[CC 1986 § 42.530]
A.
General Considerations.
1.
The City, being confronted with increasing urbanization and
acknowledging that the technology of land development is undergoing
substantial and rapid changes, hereby establishes a Planned Development
District containing reasonable development controls to achieve physical,
economic and social conditions on a scale and with a flexibility that
could not otherwise be achieved in single zoning use districts. The
Planned Development District will in some cases be mapped and in others
will await the application of developers of suitable land for zoning
amendment, mapping and classification.
2.
The establishment of a Planned Development District will be
to further and encourage the following purposes:
a.
Variety and flexibility in land development for all purposes
that are necessary to meet those changes in technology that will be
consistent with the best interests of the entire City.
b.
The more efficient use of those public facilities required in
connection with new development.
c.
A maximum choice in the types of environment and living units
available to the public.
d.
A pattern of development which preserves trees, outstanding
topography and geological features, and prevents soil erosion.
e.
A creative approach to the use of land and related physical
development.
f.
An efficient use of land resulting in smaller networks of utilities
and streets and thereby lowering costs.
g.
An environment of stable character in harmony with surrounding
development.
h.
An efficient, aesthetic and desirable use of open space.
i.
Renewal of older areas in the City where new development and
restoration are needed to revitalize the area.
j.
Special consideration of property with unique features, including
but not limited to historical significance, unusual topography, landscape
amenities, size and shape.
k.
The simplification of development proposals for the developers
in the City by providing for concurrent review of land use, subdivision,
public improvements and siting considerations.
l.
The establishment of areas in which diverse users may be brought
together as a compatible and unified plan of development which shall
be in the interest of the general welfare of the City.
m.
A more desirable environment than would be possible through
the strict application of other Sections of this Chapter.
B.
Uses Permitted And Standards Required.
1.
Residential Uses. Dwelling units in detached, semidetached,
attached, multistoried, garden apartment, townhouse, high-rise apartment
and other dwelling unit arrangements or combination thereof shall
be permitted.
2.
Non-Residential Uses. Commercial uses, in accordance with the
permitted and accessory uses set out for the BD zoning district which
are an integral part of the residential development contemplated,
and logically oriented to and coordinated with the total planned development
shall be permitted. However, the total area for commercial uses shall
not exceed two percent (2%) of the total gross floor area of the dwelling
units already constructed or in the process of being constructed in
the development. The permissible lot coverage of the commercial buildings
in such commercial use shall not exceed fifty percent (50%) of the
total area set aside for commercial use. The remainder shall be devoted
to parking areas and/or buffers with proper screening. A buffer area
with screening shall be included around a commercial area whenever
the commercial area adjoins a residential use within the planned development
or adjoins adjacent land around the perimeter of the planned development.
3.
Accessory Uses. Except for accessory uses as provided in this
Chapter, no structure within a Planned Development District shall
be erected at the general location shown, or used for any purpose
other than the use designation for such structure in the final development
plan.
C.
Minimum District Area And Location. Planned Development Districts
shall be permitted only in areas designated as agricultural or residential
on the City Zoning Map.
D.
Site Development Standards. Unless otherwise indicated in this Chapter
conditioning approval of the planned development, compliance with
the following standards, in addition to those required in the additional
use regulations, site plan review and performance standards of this
Chapter (except where a conflict between this Section and any of the
above exists, the former shall govern) shall be required:
1.
Lot Size And Yard Requirements. No minimum lot size, frontage,
or yard requirements within the planned development shall be required,
except those dictated by health, firesafety, function and buffer considerations.
2.
Height Limitations. No maximum limits on building height shall
be required, except those relating to airports.
3.
Access. All lots should have access to a public or private road
except residential dwellings, which need not front on a road but must
have access thereto via a court, walkway, or other dedicated to public
use or owned and maintained by a resident trustee organization.
4.
Building Area. The location of all structures should be shown
on the final development plan, their proposed location and arrangement
should be in harmony with the purposes of this District. The structural
location and arrangement should not be detrimental to existing or
prospective adjacent dwellings, or to the existing or prospective
development of the City.
5.
Buffer And Transitional Uses. Along the boundary of the planned
development, there should be a combination of uses and buffer techniques
which constitute a transitional separation between surrounding existing
uses and the proposed development. Within the planned development,
compatibly designed and transitional buffer and screening method between
uses should be employed as approved by the Planning and Zoning Commission.
6.
Off-Street Parking And Loading Requirements. The off-street
parking and loading requirements for any use or building in a planned
development should be set out in the Chapter amending the Zoning Map;
provided, however, that such requirements be of a minimum uniformity
within the entire district in accordance with minimum requirements
for similar uses in similar City zoning districts.
7.
Density.
a.
The overall density of the planned development shall not exceed
the amount contemplated in this Zoning Chapter and the Zoning Map.
For purposes of computing the permitted amount and distribution of
dwelling unit types, the following procedure and definitions shall
be utilized. "Development density" shall be defined as the maximum
number of dwelling units which could be permitted in the area previous
to any zoning amendment. Development density is calculated by dividing
the net area to be developed by the minimum lot size per dwelling
unit as defined in the Bulk Table.[1]
[1]
Editor's Note: Said table is included as an attachment to
this Chapter.
b.
Net area to be developed shall be determined by subtracting
the area to be set aside for schools, churches, or commercial use
from the gross development area and deducting a percent of the remainder
for streets in accordance with the schedule below:
|
Average Lot Size
|
Deduct For Streets
|
|---|---|
|
Over 65,000 square feet
|
10%
|
|
65,000 to 20,000 square feet
|
15%
|
|
20,000 to 15,000 square feet
|
20%
|
|
15,000 to 10,000 square feet
|
25%
|
|
Less than 10,000 square feet
|
30%
|
c.
"Maximum Population Density" shall be defined as the population
generated by the maximum development density as defined above. Maximum
population density is calculated by multiplying the development density
by the following values for corresponding dwelling unit types:
d.
After determining the maximum population density for the planned
development, the developer shall be free to mix any desired types
of dwelling unit within the planned development so long as the mixture
does not exceed the maximum population density. The applicant shall
demonstrate to the Planning and Zoning Commission that the population
shall not exceed the maximum population density by using the methods
outlined in this Section.
8.
Open Space. The application shall set aside an area equal to
not less than twenty percent (20%) for usable open space.
9.
Special Considerations.
a.
A grouping or row of townhouses shall not exceed two hundred
(200) feet in length.
b.
A minimum side yard of ten (10) feet shall be provided between
the end of a group of or row of townhouses and an interior side lot
line, and fifteen (15) feet between the end of such a group and public
or private street.
E.
Procedure For Designation Of A Planned Development (PD) District. A Planned Development District shall be designated and approved as an amendment to this Zoning Chapter and the Zoning Map, pursuant to the provisions of Section 405.050 of this Chapter. In addition to the requirements of Section 405.050, the applicant shall submit a preliminary development plan containing all site plan requirements of this Chapter.
1.
"Preliminary development plan" as used in this Section shall
consist of a generalized drawing or series of drawings of the proposed
PD District, with appropriate text materials setting forth:
a.
The major planning assumptions and objectives.
c.
The general location of the residential uses specifying the
type of units, and the estimated costs and retail sales price or rental
of such units, and maximum population proposed for each designated
residential area broken down into the number of acres to be used for
each of the following specific residential uses:
e.
A description of the proposed drainage, water supply, sewage
and other utility facilities.
f.
The proposed layout of roads and highways of arterial standards
or greater.
g.
A map showing the location of the new district within the general
area.
h.
A statement of the method of assuring that all open space uses
will be permanently maintained for that specific purpose.
i.
The substance of the covenants, grants of easements, or other
restrictions to be imposed upon the use of the land, buildings, and
structures, including proposed easements for public utilities.
j.
A schedule showing the time within which applications for final
approval of all parts of the district are intended to be filed, where
plans call for development over a period of years.
k.
All other requirements of this Chapter required to be shown
in the preliminary site plan.
F.
Approval Of The District And Submission Of Final Development Plan
And Site Plan. Approval of the district and the preliminary development
plan by the Board of Adjustment shall constitute permission to file
a final development plan. Amendment of the Zoning Map shall not be
officially recorded until the final development plan and final subdivision
plat have been approved by the Planning and Zoning Commission. Subsequent
to recording of the final development plan and prior to the issuance
of any building permits, site plan approval shall be required for
each and every building structure in the district which requires the
issuance of a building permit.
1.
"Final development plan" as used in this Section shall consist
of a drawing or series of drawings at the scale of one (1) inch equals
one hundred (100) feet with appropriate text material, setting forth
with respect to the entire district or section thereof:
a.
The topography of the land.
b.
All information required in preliminary subdivision and preliminary
site plans plus specific notations as to all deviations.
d.
The proposed general locations of all buildings and structures
and the permitted uses of each building and structure. Where the final
development plan designates the use or uses of a particular building
or structure or particular portions thereof as uses permitted in the
zoning district, then the building or structure or particular portions
thereof may be used for all uses permitted in the particular zoning
district specified.
e.
The height limitation, parking requirements, front, side and
rear yard areas, setback provisions, minimum lot sizes and acreage
requirements stated generally and/or specifically with respect to
particular improvements or types of improvements.
G.
Submission Of The Final Development Plan To The Planning And Zoning
Commission. Application for approval of the final development plan
shall be filed with the Planning and Zoning Commission within such
time as specified in the ordinance of the Board of Adjustment granting
approval of the preliminary development plan; however, not to exceed
one-hundred-eighty (180) days. The Planning and Zoning Commission
shall not unreasonably disapprove or change a proposed final development
plan. The Planning and Zoning Commission shall not approve any final
development plan which:
1.
Varies the areas of uses below the minimum or above the maximum
percentages for particular uses specified above.
2.
Reduces the area set aside for open space land.
3.
Increases the overall maximum density of population within the
district approved in the preliminary development plan.
4.
Increases by more than ten percent (10%) the number of acres
proposed for non-residential use.
5.
Changes a use of land in the district within three hundred (300)
feet of any outside boundary thereof from that shown on the preliminary
development plan unless the owners of all land abutting the district
within three hundred (300) feet of the land the use of which is proposed
to be changed shall sign a written waiver of the right to be heard
in connection with such change in use.
H.
Staged Development. In applying the provisions of this Section, where
the proposed final development plan is submitted in phases, the overall
density and the acres devoted to particular uses shall be recomputed
upon the consideration of each successive phase so gross area of the
entire district covered in the preliminary development plan shall
be considered and not merely the area of the segments covered by prior
phases and the current base being submitted for approval.
I.
Review Of Final Development Plan. After review of the material submitted
and after giving the applicant an opportunity to be heard, the Planning
and Zoning Commission shall:
1.
Approve the proposed final development plan, or phase thereof,
as submitted by the petitioner.
2.
Approve the plan subject to conditions not included in the final
development plan as submitted. In the event that approval is granted
subject to conditions, the applicant may within fifteen (15) days
after receiving notification of said approval, notify the Planning
and Zoning Commission of his/her refusal to accept all said conditions,
in which case the Planning and Zoning Commission shall be deemed to
have denied approval of the plan. In the event that the applicant
does not notify the Planning and Zoning Commission of his/her refusal
to accept all said conditions, approval of the plan with conditions
shall stand as granted.
3.
Refuse grant approval to the proposed final development plan.
The Planning and Zoning Commission may not deny approval if the final
development plan is in substantial compliance with the preliminary
development plan. The Commission shall advise the applicant in writing
of said refusal, setting forth the reasons why one (1) or more of
said variations are not in the public interest.
J.
Public Hearing. A public hearing on a proposed final development plan shall be required in accordance with the procedure set forth in Section 405.050 of this Chapter.
K.
Resubmittal Of Plan. In the event the applicant refuses to accept
the conditions imposed upon the final development plan (or particular
phase thereof) by the Planning and Zoning Commission, or in the event
the Planning and Zoning Commission shall refuse to approve the final
development plan, then the applicant, at his/her election, may resubmit
the proposed final development plan directly to the Board of Adjustment.
The Board of Adjustment shall hold a public hearing on the proposed
final development plan and consider the recommendations from the Planning
and Zoning Commission. The Board of Adjustment may approve, with or
without changes, or disapprove the proposed final development plan.
L.
Recording And Amendment. Upon approval of the final development plan by the Planning and Zoning Commission or the Board of Adjustment as provided in Section 405.180(I), the same, together with the final subdivision plats, or sections thereof, if the Planning and Zoning Commission shall approve sectionalizing of the plat, shall be recorded with the Recorder of Deeds in the manner prescribed in the City subdivision regulations. The provisions thereof as to land use shall bind the property covered thereby as provided in this Section with the full force and effect of specific zoning regulations. In addition to the final development plan, the subdivision plat shall include in addition to the requirements of the subdivision regulations, specific notations for lot width, areas, side yards, rear yards, setback coverage, grouping of buildings, placement of public improvements, and all public areas and improvements required to be dedicated to the City. The final subdivision plat shall require that the applicant post a performance bond sufficient to secure to the City the satisfactory construction, installation and dedication of the incomplete portion of all required improvements. Such bonds shall conform to the requirements of the subdivision regulations, and, where the developer wishes to develop and record the final subdivision regulations, including posting of performance bonds for such sections, shall be applicable.
M.
Failure To Begin Planned Unit Development. If no construction has
begun or no use established in the district within one (1) year from
the approval of the final development plan, the final development
plan and subdivision plat shall lapse and be of no further effect.
In its discretion and for good cause, the Planning and Zoning Commission
may extend for one (1) additional year the period for the beginning
of construction or the establishment of a use. If a final development
plan lapses under the provisions of this Section, the district shall
be removed from the Zoning Map and notice of revocation shall be filed
with the recorded final development plan. The zoning regulations applicable
before the final development was approved shall then be automatically
revived and in effect.
N.
Changes After Approval Of The Final Development Plan. No changes
may be made in the approved final development plan during construction
except upon application to the appropriate agency under the procedure
provided below:
1.
Minor changes in the location, siting, and height of buildings
and structures may be authorized by the Planning and Zoning Commission
upon site plan approval if required by engineering or other circumstances
not foreseen at the time the final development plan was approved.
2.
All other changes in use, any rearrangement of lots, blocks,
and building tracts, any changes in the provisions of common spaces,
and all other changes in the approved final plan must be made by the
Board of Adjustment under the procedures authorized by this Chapter
for the amendment of the Zoning Map. No amendments may be made in
the approved final plan unless they are shown to be required by changes
in conditions that have occurred since the final plan was approved
or by changes in the development policy of the community.
O.
Phasing And Guarantee Of Performance.
1.
Building Permits And Site Plan Approval. The Enforcement Officer
shall issue building permits for buildings and structures in the area
covered by the approved final development plan if they are in conformity
with the approved final development plan, the final subdivision plat,
and with all other applicable orders and regulations. Prior to issuance
of any building permits, the applicant shall submit an application
for site plan approval to the Planning and Zoning Commission as required
in this Chapter.
2.
Phasing Of Residential Development. The construction and provision
of all of the open spaces and public improvements and recreational
facilities which are shown on the final development plan must proceed
at the same rate as the construction of dwelling units. The Enforcement
Officer shall not issue building permits for dwelling units if he/she
shall find that the rate of construction of dwelling units is greater
than the rate at which open spaces, public improvements and recreational
facilities have been constructed and provided. Any building permit
issued in violation of the above requirement may be revoked by the
Enforcement Officer or the Board of Adjustment.
3.
Phasing Of Non-Residential Construction. If a district contains
non-residential uses, these uses may be constructed first but only
if the Planning and Zoning Commission finds and records its findings
on the final development plan that the residential uses are consistent
with the intent of this Chapter even though the residential areas
of the district are not built or not completed.
