[R.O. 2009 § 475.060; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations
for the "IP-1" Industrial Park District (hereinafter "IP-1" District).
Due to the District's location to Interstate 44 and the railway system,
the purpose of the "IP-1" District is to provide a variety of light
and heavy industrial, highway-related businesses. These regulations
are supplemented and qualified by additional regulations appearing
elsewhere in this Code.
D.
District Regulations. The "IP-1" District
shall be a minimum of twenty (20) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Each Lot shall have landscaped Buffer Areas of not less than twenty (20) feet from the Front Lot Line(s) and ten (10) feet from the Side and Rear Lot Lines. Off-Street Parking Areas may encroach the required Setbacks provided in Subsection (E)(1)(a) through (c) above but shall not encroach the required landscaped Buffer Areas provided herein.
3.
Intensity Of Use. Maximum Lot coverage
of the Principal Building(s) shall not exceed seventy-five percent
(75%) of Lot Area.
4.
Lot Area. The minimum Lot Area shall
be two (2) acres.
5.
Number Of Buildings Per Lot. More
than one (1) Principal Building may be located on a Lot, provided
all other regulations related to the Lot and use of the Lot are met.
F.
Building Regulations.
2.
(Reserved)
3.
Facade Materials.
a.
Primary Facade Materials.
(1)
Allowable primary materials
are brick and other brick-like masonry, architecturally designed metal
panels, glass, or architectural precast concrete.
(2)
Exterior Insulation
Finishing Systems (EIFS) is an allowable primary material subject
to the maximum EIFS surface not exceeding fifty percent (50%) of any
Facade, excluding windows and doors. EIFS material shall be located
a minimum of three (3) feet above grade.
(3)
Primary materials shall
have a predominantly warm, earth-tone appearance.
[R.O. 2009 § 475.080; Ord. No. 3876, 11-19-2018[1]]
A.
Purpose. This Section contains the regulations
and procedures for the "PID" Planned Industrial Development District
(hereinafter "PID" District). It is the purpose of the "PID" District
to facilitate the establishment of combinations of development and
uses that cannot be accomplished in a Business or Industrial Park
District and to encourage a creative approach to the Property use
and facilities therein that can best be achieved via parameters and
alternatives through conditions of approved Site Plans. Furthermore,
the "PID" District is intended for varying intensity industrial and
complementary business/commercial services of high quality that can
justify the amenities and high level of performance standards governing
development in a planned industrial development setting. These regulations
are supplemented and qualified by additional regulations appearing
elsewhere in this Code.
B.
Establishment Of A "PID" District.
1.
A "PID" District may be established
on a Property in a single ownership or management control, provided
that:
a.
An application for a change of zoning
and a concept plan (hereinafter "Concept Plan") is approved by the
Board.
b.
A Site Plan in compliance with the
conditions for rezoning and Concept Plan approved by the Board is
submitted to the Commission and Board for approval and recorded with
the Recorder of Deeds.
c.
The schedule of construction is complied
with in accordance with the approved rezoning ordinance and/or Site
Plan approval.
2.
A "PID" District may be established
by the Board in the same manner that other Zoning Districts are established
where the Board determines that any particular site should be developed
accordingly, but because of possible conflicts with adjoining uses,
more development control is necessary to protect the general welfare
than is possible under the regulations of the "IP-1" District.
3.
The minimum Lot Area or combined
Property area to establish a "PID" District shall be twenty (20) contiguous
acres unless said Property adjoins a "PID" District. For Property
adjoining an existing "PID" District, the minimum area is two (2)
contiguous acres.
C.
Permitted Uses And Uses Allowed By Special
Use Permit. Permitted Uses and Use allowed by Special Use Permit in
the "PID" District, shall be established in the conditions of the
rezoning ordinance governing the particular "PID" District. Specific
uses include those designated Permitted Uses and Uses allowed by Special
Use Permit in any "BP," "CP," "HP," or "IP-1" District.
D.
Lot Regulations.
1.
Setbacks And Buffer Areas.
a.
Front Setback And Buffer Area. Each
Lot shall have a minimum Front Setback of fifty (50) feet with a landscaped
Buffer Area of not less than thirty (30) feet from the Front Lot Line(s).
Off-Street Parking Areas may encroach the established Front Setback
but shall not encroach the required landscaped Buffer Area provided
herein.
b.
Side And Rear Setbacks. Except as
otherwise required in this Section, all required Side and Rear Setbacks
and Buffer Areas shall be as approved on the recorded Concept Plan
or rezoning ordinance. Off-Street Parking Areas may encroach the required
Side and Rear Setbacks but shall not encroach the established landscaped
Buffer Area.
c.
Exceptions. The required Setbacks
and Buffer Areas along the Lot Line of all Lots adjacent to another
Zoning District shall not be less than such requirement for the abutting
Lot. Where a Lot abuts more than one (1) other Zoning District, the
most restrictive shall apply.
2.
Intensity Of Use. Maximum Lot coverage
of the Principal Building(s) shall not exceed sixty-five percent (65%)
of the Lot Area.
3.
Lot Area. The minimum Lot Area shall
be established in the conditions of the rezoning ordinance governing
the particular "PID" District.
4.
Number Of Buildings Per Lot. More
than one (1) Principal Building may be located on a Lot provided all
Setbacks and Off-Street Parking and/or Loading Space requirements
are met.
F.
Procedure For Establishment Of "PID" District.
In order to establish a "PID" District to utilize Property in an established
"PID" District, the procedure shall be as follows:
1.
Application. The owner or owners
of record or owners under contract of a Lot or Property or their authorized
representatives shall petition the Board on forms prescribed for this
purpose by the Director. These forms are to be submitted to the Community
Development Department and accompanied by the following:
b.
Legal description of the Property;
c.
Outboundary Plat of the Property;
e.
Concept Plan identifying the general
location of Streets, utilities, and other proposed infrastructure
and the general location of the proposed uses of the District;
f.
Description/list of proposed uses;
and
g.
Any additional information reasonably
required by the Director to determine compliance with the requirements
herein.
2.
When approving the change of zoning and Concept Plan, the Commission shall recommend and the Board shall establish within the governing ordinance the Permitted Uses and Uses allowed by Special Use Permit for the proposed "PID" District, required infrastructure and rules related to the same, open space requirements, required Setbacks, Buffer Areas, Building Heights and materials, Lot Area, coverage requirements, density requirements, and other conditions and requirements to meet the requirements of this Section. Upon request by the Applicant, the Board may within the ordinance that rezones the Applicant's Property "PID" District approve for good cause shown alternative standards from the Subdivision Code relative to Streets, sidewalks, and/or drainage, and such approved, alternative standards shall be indicated on the plans. All other provisions and procedures for a change of zoning of Section 410.050, Procedures For A Change In Zoning, shall apply.
3.
Site Plans.
a.
After passage of the rezoning ordinance
and approval of the Concept Plan by the Board, the Applicant shall
proceed with submitting a Site Plan. A Site Plan can either be presented
for the entire "PID" District or the Applicant can proceed to construct
the Zoning District in phases and submit multiple Site Plans. No building
permits or authorization for improvement or development for any use
requested under provisions of this Section shall be issued prior to
approval of such Plans.
b.
Site Plans Shall Be Submitted To
The Director For Review. These plans shall contain the minimum requirements
established in the conditions of the ordinance governing the "PID"
District and, further, shall comply with applicable provisions of
the Subdivision Ordinance and other City ordinances. If the Director
finds the Plan(s) to be in substantial compliance with the zoning
ordinance, the approved Concept Plan, and this Section ("Applicable
Authority"), the Director shall forward to the Commission for review
and recommendation. For purposes of this Section, "substantial compliance"
shall mean a level of compliance with the requirements of the Applicable
Authority such that any identified inconsistencies do not allow a
lesser amount of performance on behalf of the Applicant nor impose
a greater burden or risk upon the City or its citizens than that of
the Applicable Authority. Specifically, the Director must determine
that:
(1)
Development density
and intensity have not materially changed such that density of any
use exceeds the permitted density of that use or the permitted Building
Height;
(2)
Design has not materially
changed, in that the Street patterns, particularly ingress egress
points, are in the same general location as shown on the Concept Plan,
landscaped open space is in the same general location and is of the
same or greater amount, or the proposed changes do not have the effect
of creating any non-compliance or non-conformity with the strict application
of the Zoning Code that were not previously approved, or of expanding
the scope of existing variances, alternative Site Plans, options,
or other approvals pursuant to alternative development standards such
that they would differ to a greater degree from the strict application
of the Zoning Code; and
(3)
Uses have not changed
to include uses not approved by the Applicable Authority.
c.
The Commission shall review the Site
Plan for compliance with the Applicable Authority and make a recommendation
to the Board. The Board may approve, approve with conditions, or deny
the Site Plan in accordance with the Applicable Authority. Within
sixty (60) days of approval by the Board, the Site Plan(s) shall be
recorded with the Recorder of Deeds by the Applicant at its cost and
thereby authorize development as depicted thereon. Failure to record
such Plan within the required time frame shall result in the Site
Plan becoming null and void.
4.
Guarantee Of Improvements. Unless
otherwise provided for in the conditions of the ordinance governing
a "PID" District, no building permits or permits authorizing the occupancy
or use of any Building, facility, commercial establishment, or Structure
may be use or occupied until required related off-site improvements
are constructed or a performance bond, escrow, or other acceptable
instrument is posted covering their estimated cost as determined by
the Director. This requirement shall not apply to foundation permits
or permits necessary for the installation of required related off-site
improvements. Required related off-site improvements shall include,
but not be limited to, Streets, sidewalks, sanitary and storm sewers,
streetlights, and landscaping and trees. If a "PID" District is developed
in phases, the requirement shall also apply to all major improvements
necessary to the proper operation and function of the phase in question
as determined by the Director, even though such improvements may be
located outside of the phase in question.
5.
To Amend The Rezoning Ordinance Or
Concept Plan. Amendment to the Concept Plan or conditions or terms
of the rezoning ordinance shall proceed through the same procedure
for approval of the original Concept Plan and rezoning ordinance.
6.
To Amend The Recorded Site Plan.
a.
The Applicant shall submit an amended
Site Plan to the Director for review. The Director shall then evaluate
the request for consistency in purpose and content with the nature
of the approved Concept Plan, rezoning ordinance, and original Site
Plan.
b.
If the Director determines that the
proposed amendment to the Site Plan is major in nature and is not
in conflict with the approved Concept Plan and meets all conditions
of the "PID" District ordinance, said Plan shall be reviewed by the
Commission and forwarded to the Board for approval. If approved, said
amended Plan shall be recorded with the Recorder of Deeds by the Applicant
at its cost within sixty (60) days of review and report by the Commission
and approval by the Board. Failure to record within the prescribed
timeline shall result in the approval of the amendment being null
and void.
c.
If the Director determines that the
proposed amendment to the Site Plan is minor in nature and is not
in conflict with the Concept Plan and meets all conditions of the
"PID" District ordinance, the Director may administratively approve
such amendment. Said amended Plan shall be retained on file by the
Community Development Department and shall be recorded with the Recorder
of Deeds by the Applicant at its cost within sixty (60) days of approval
by the Director. Failure to record within the prescribed timeline
shall result in the approval of the amendment being null and void.
d.
If the Director determines that the
proposed amendment to the Site Plan is not consistent in purpose and
content of the rezoning ordinance or with the Concept Plan approved
by the Board, the Director shall so report to the Applicant and the
Commission. The Commission shall then review the amended Site Plan
and make a recommendation to the Board for final determination.
7.
Appeals. The Applicant may appeal a decision by the Director. The Applicant shall have a fifteen-day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission will make a final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the "PID" District. Such final determination by the Commission is subject to the appeal procedures of Chapter 405, Article II.
8.
Failure To Commence Construction.
a.
Unless otherwise determined by the
Board in the rezoning ordinance, the Board shall consider the "PID"
District subject to revocation if substantial construction within
the "PID" District development fails to commence within one (1) year
of filing of the Site Plan or construction of the first phase or building
site is not completed within five (5) years from approval of the Site
Plan. As used in this Section, "substantial construction" shall mean
final grading for Streets necessary for first approved Plat or phase
of construction and commencement of installation of sanitary and storm
sewers. The Applicant shall be notified, in writing, at least sixty
(60) days prior to any revocation hearing.
b.
The Board may grant an extension
for any phase or building site to commence construction for not more
than one (1) additional year. Any extension herein provided for shall
be filed with the Director prior to the expiration date for which
the extension is being requested.
c.
In the event the rezoning ordinance is revoked after the revocation hearing, the Site Plan and Concept Plan shall terminate and the Commission shall within forty-five (45) days recommend initiation of a new Public Hearing before the Board to revert the Property to its prior classification in accord with the proceedings specified in Section 410.060, Petitions for Change, Filing Fee, Form and Contents. When a "PID" District has terminated by reason of provisions of this Subsection, no building permit shall be issued on that Property until a Public Hearing has been held for the purpose of reinstating the "PID" District or reversion of said Property to its prior zoning classification and action taken thereon by the Board.
9.
Unfinished Portions Of A Site Plan.
Any ground in an unfinished phase of a Site Plan in the "PID" District
not completed within one (1) year from the date of Site Plan approval
by the Board shall be graded and seeded with a perennial grass seed.
Said undeveloped ground shall be maintained with appropriate mowing
and trimming to meet City standards, until it becomes an active construction
site.
[1]
Editor's Note: This ordinance also repealed
former Section 475.070, "BP-4" Planned Business Park District.
