[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.
