City of Mission Woods, KS Zoning Regulations

The City of Mission Woods is hereby divided into the aforesaid districts, and within the boundaries of which no building, structure or appurtenance shall be erected, altered structurally or otherwise changed, repaired, restored or improved nor shall any building, structure, appurtenance, lot, plot, tract or premises be used for any purpose, other than is permitted by this article in the use and area district in which said building, structure, appurtenance, lot, plot, tract or premises is located.

§ 12-402 Single Family Residential District.

(R-1) This district is designed to permit the development of single family residences and community facilities of a public or semipublic nature which are customarily considered an integral part of residential neighborhood development.

Permitted Uses. The following uses are permitted in Single Family Residential Districts:

Single Family Dwellings and uses customarily incident to and located on the same lot or premises as the dwellings.

All public and semipublic uses enumerated herein, after a public hearing and review and recommendation by the CITY PLAN COMMISSION and approval of the CITY COUNCIL by ordinance.

Athletic fields.

Cemeteries.

Churches and synagogues.

Community center buildings.

Convents, when a part of a school or church complex.

Country Clubs and other public or private clubs of a recreational nature.

Day nurseries associated with a public, private or parochial school, or a church.

Dormitories in conjunction with a college or university.

Fire station.

Golf Course, with the exception of miniature golf or driving range.

Libraries.

Nurseries and truck gardens limited to the propagation and cultivation of plants. No retail or wholesale business shall be conducted on the premises. No obnoxious fertilizer shall be stored upon the premises and no obnoxious soil or fertilizer renovation may be conducted thereon.

Parks, playgrounds, and other recreational areas of a non-commercial nature.

Police stations.

Schools (public, private or parochial.)

Swimming pools (public or private).

Telephone exchanges.

Utility stations and substations.

Accessory Uses. Uses customarily incident to and located on the same lot or premises as the uses enumerated above.

Performance Standards. The uses enumerated above may be approved only after the Planning Commission and the City Council has found that the plans submitted for approval clearly demonstrate that:

The use does not materially damage or curtail the appropriate use of neighboring property.

The use is compatible with the general character of the district.

The use does not jeopardize the public health, safety or welfare.

The use does not violate the general spirit and intent of the zoning ordinance and is compatible with the long-range plan used as a guide for the development of the City.

Adequate hard surfaced, all weather, dustless off-street parking space is provided for the employees and patrons of the use.

Any other ordinance to the contrary notwithstanding, peripheral landscape screening and/or walls, and/or fences are provided at least six feet in height of sufficient depth to adequately screen the view of all proposed structures and parking facilities during the four seasons of the year from all abutting properties zoned for or developed with residential structures.

(7)

Structures and off-street parking areas, taken as a whole, do not occupy more than 60% of the building site, and at least 40% of the site is maintained as open, unobstructed green space.

(8)

Vehicular access to the use is provided only from a major thoroughfare or trafficway unless specifically waived by the City Council.

(9)

A landscape plan and construction details for walls and/or fences accompany the development plan and have been approved by the City Plan Commission and the City Architect.

Height.

Residential structures shall not exceed two stories in height except that structures may be built on a natural slope in such a manner as to expose a third story on the downhill side of the slope. The three story portion of a structure shall not face on any street and the overall height shall not exceed 30 feet.

Public and semipublic buildings enumerated in this Section shall be erected to a height approved by the City Plan Commission and the City Council provided that such buildings shall set back one additional foot on all sides for each additional foot that such buildings exceed the specified height limit of 30 feet.

Parapets, ornamental railings, chimneys, gables, false mansards, cupolas, and mechanical appurtenances on residential structures may extend not more than four feet above the specified height limit unless approved by the Board of Zoning Appeals.

Setback.

Front Line Setback. There shall be a setback line of not less than 35 feet from the front line of each lot, tract or parcel where the street or highway upon which the same front is 50 feet or less in width, and upon streets or highways exceeding 50 feet in width there shall be a set back line of not less than 30 feet from the front line of such lot. All buildings and structures located upon corner lots, except fences, shall comply with such front line setbacks on either or both streets where interior lots have been platted or sold or occupied by a residence, and in all cases there shall be a setback line of not less than 15 feet from the side street for all buildings and structures located upon such corner lots.

Side Line Setback. No residence, including attached or semi-detached garages, and porches, enclosed or unenclosed, shall be located within six feet of either side of the lot, tract or parcel of land upon which it is erected; nor shall any such residence, including the above enumerated appurtenances, occupy more than 80% of the width of the lot, tract or parcel of land upon which it is erected, measured in each case along the front setback line or the front setback line produced to the side lines of the lot, tract or parcel, whichever line is of greater length and in all events, a minimum distance of 10 feet shall be provided and maintained between each such residence and any building located upon adjacent premises.

Rear Yard. There shall be a rear yard having a minimum depth of 15 feet.

If topographical or survance conditions encountered, or other unusual and peculiar conditions appertaining to a particular lot, tract or parcel of land, render such limitations as hereinbefore provided under this Section impracticable the Board of Zoning Appeals upon proper application and hearing, may in its discretion, reduce the same.

Lot Frontage and Area for Family Dwelling or Residence.

Every residence building hereafter erected or altered shall provide a minimum lot frontage of 60 feet, or in the alternative, a minimum lot width at the setback line of 60 feet. No building shall be erected or altered on a lot which makes provision for less than 7,500 square feet of lot area, provided that no residential building exclusive of a detached garage and appurtenances incident thereto, shall exceed a ratio of 20% of ground floor area to the lot area upon which it stands.

Except as hereinafter provided, no building or structure shall be erected or enlarged except in conformity with the regulations herein established. No lot area shall be so diminished or reduced that the yards or open spaces shall be smaller than prescribed herein, nor shall the lot area for any family dwelling or residence be reduced in any manner except in conformity with area regulations hereby established.

If topographical or surface conditions encountered, or other unusual and peculiar conditions appertaining to a particular lot, tract or parcel of land, render such limitations as hereinbefore provided under this Section impracticable the Board of Zoning Appeals, upon proper application and hearing, may in its discretion, reduce the same.

Type of Construction. Exterior walls of all dwellings shall be of brick, stone, stucco, wood shingles, wood siding, wood paneling, tile or any combination thereof. Windows, doors and louvers shall be of wood or metal and glass. Flat roofs or roofs with a pitch of less than three inches per foot, shall be covered with tin, built-up asphalt, wood shingles, wood shakes, asbestos shingles, slate or tile. Roofs with a pitch of three inches or more per foot shall be covered with wood shingles, wood shakes, asbestos shingles, slate or tile.

§ 12-403 Planned Office District.

A planned office district classification is established to provide for the development of offices for activities of limited contact with the general public, in a reasonable manner and in keeping with the general intent and spirit of the zoning regulations. The requirements of this classification shall not be interpreted or implemented in a mariner that will adversely affect the uses of property immediately adjacent to the property proposed for a planned office district zoning, or that will be detrimental to the public welfare and the interests of the community.

Subclassifications. There is hereby created a "Planned Office District." A Planned office Center District is designed to provide an area for the location and development of administrative office buildings and related office uses which shall be subject to restrictive controls on lot area coverage and off-street parking requirements and be such as will maintain a compatible relationship with the adjoining residential uses. The office use shall not create an appreciable increase in traffic in the immediate or surrounding areas. No building or premises in a Planned office Center District shall be used, and no building or structure shall be hereafter erected or altered for use, except as expressly authorized herein and upon compliance with the terms and provisions hereof.

Offices Permitted. Usage in Planned Office Districts shall be as follows:

Office Buildings to be used only for the following types of low-impact and low-traffic businesses: Accountants, appraisers, architects, court reporters, designers, landscape architects, land surveyors, City planners, brokers, engineers, lawyers, insurance offices, real estate, advertising, public relations, graphic arts, financial planning, stock brokerage, securities businesses, private equity funding and management, computer programming, technology services and title companies.

Unless otherwise allowed pursuant to paragraph 8 below, there be no businesses within a Planned Office District that require regular, frequent, and continuing interactions with clients, customers, or patrons on the premises.

Restaurant services shall be permitted if the conditions set forth below are met:

The restaurant service has the primary purpose of serving the occupants of the building and is located within the same building as another permitted principal activity.

No direct exterior customer access or drive-through access shall be provided to the restaurant.

No signage or other external evidence of restaurant service uses shall be visible from a public street or adjacent lot.

Subject to the development and performance standards contained in § 12-403(m) hereof, a communications tower, to be principally so used. For purposes of permitting the use hereunder, a communications tower shall mean a ground mounted monopole constructed as a free-standing structure, and any equipment or facilities connected to or associated with such tower, containing one or more antennas intended for transmitting or receiving telecommunications. Communications tower shall not include short-wave radio towers or antennas operated primarily as a hobby, nor signage or advertising of any kind.

Customary accessory and incidental uses, as necessary for operations of approved businesses located within the Planned Office District, except that there shall be no display or handling of products and merchandise other than as display and demonstration samples not visible from outside the building and no manufacturing shall be permitted.

Equipment, material or vehicles other than passenger motor vehicles shall not be stored outside a building in this district, except as allowed by any permit or variance issued pursuant to Chapter 12 of the Mission Woods City Code, The outside burning of trash and other waste or combustible materials shall be prohibited within this district.

Parking areas within Planned Office Districts may be used by employees and customers of the Planned Office District only. Use of parking areas within Planned Office Districts for other purposes not related to uses permitted within the district shall be prohibited.

(7)

Additional categories of usages may be permitted within a Planned Office District if such uses are of a character compatible with the general character of the district. Any application for approval of an additional use within said Planned Office District shall specify the intended use and shall be submitted to the City Plan Commission for review and public hearing. After review by the City Plan Commission at a public hearing, the City Plan Commission shall forward its recommendation regarding the application for additional use to the City Council, which shall make the determination as to whether such additional usage shall be permitted.

(8)

Pursuant to City Ordinance 12-608.d), the Board of Zoning Appeals shall have the authority to grant exceptions to the limitation on uses allowed within a Planned Office District.

(9)

The normal business hours for Planned Office District areas shall be within the period from 7:00 a.m. through 6:00 p.m. on Monday through Saturday. Occasional and infrequent usage during other periods shall be permissible.

Locations Entirely Within City. Property proposed for development as a Planned Office District shall abut a major thoroughfare that is capable of carrying the additional traffic generated by the development.

Locations Partly in the City. Any proposed Planned Office District, the location of which will include land both within and without the City limits, shall be considered in its entirety and the portion lying within the City limits will be considered as part of the entire development in the consideration of area, setback, off-street parking, and land coverage requirements. If the major portion of the development is outside the City, and the governing body having jurisdiction over that portion of land has similar provisions for control of a Planned office District, some of the requirements for Planned Office District pertaining to the presentation of a plan for that portion lying within the City may be varied or waived by the City Plan Commission, and its recommendations concerning the entire project may be forwarded to the above-mentioned governing body.

Type of Construction. The exterior design of all buildings and appurtenances shall be compatible with the style and materials predominant in developed districts adjacent to the proposed district and shall be approved by City Architect prior to construction. All construction shall be in accordance with existing building codes and fire ordinances.

Height Requirements. Height of buildings of this district shall not exceed two stories on the front or more than 36 feet in height about the finished grade at any point other than the front. The Board of Zoning Appeals may modify any of the specific height requirements after a public hearing if undue hardship in complying with any of said provisions is shown.

(g)

Setback Requirements.

All buildings shall be set back from any boundary line in a residentially zoned district at least 100 feet, except that the governing body may upon good cause shown reduce said setback requirement to not less than 25 feet where it is shown that said reduction will not adversely affect a residentially zoned district. All buildings shall be set back from the front property line at least 25 feet.

Side Line Setback. The principal building shall be set back at least 10 feet from the side property line.

Rear Yard Setback. The principal building shall be set back at least 30 feet from the rear property line.

Accessory Buildings. Accessory buildings shall be at least 25 feet from property lines. When rear or side property lines are also street property lines and are not the boundary of residentially zoned districts, the required setbacks shall be 50 feet.

The Board of Zoning Appeals may modify any of the setback requirements after a public hearing if undue hardship in complying with any of said provisions is shown.

(h)

Parking Areas and Exceptions.

Off-street parking shall be provided on the basis of five off-street parking places for each 1,000 square feet of floor area including basement area devoted to the usages stated above but excluding any area devoted to the dead storage, building mechanical equipment rooms and parking.

Off-street parking areas constructed on the ground surface shall not extend closer than six feet from any property line except when such property line is also a dedicated street property line. In such case, there shall be a setback from such street property line of at least 25 feet. There shall be no yard requirements for sub-surface parking facilities except that any portion of a sub-surface parking structure which may extend above the ground surface shall observe the yard requirement for surface parking lots.

Along any property line abutting or adjoining a residentially zoned district there shall be a setback of at least 25 feet, unless proponents have previously provided a setback in that amount or larger.

The parking area shall be hard surfaced and surrounded on all sides where visible from a residential district, with a fence, wall or hedge at least six feet in height that is sufficiently thick to serve the purpose of a screen and that shall be maintained in good condition.

The location and limitation of access streets and other area-ways for ingress and egress within the districts described within this Zoning Regulation shall be reserved to the Commission and to the approval of the City Council. Any plan for the proposed development shall present a unified and organized arrangement of such access streets and area-ways and shall be approved by the Commission and City Council before development may be commenced within the use district.

Exceptions to Parking Area Requirements. The Board of Zoning Appeals may modify any of the specific off-street parking requirements after a public hearing if undue hardship in complying with any of said provisions is shown. Before granting any modification of the requirements of this section, the board shall determine:

That the amount of off-street parking to be provided is reasonable in relation to the nature of the use to be served and that the number of parking spaces as required by this section is not compatible with the actual off-street parking requirements of the particular use because of unusual circumstances regarding any such use.

That any off-street parking proposed to be provided other than on the lot of the use to be served is reasonably located and readily accessible in relation to the use to be served and is reasonably related to surrounding uses of land and that said parking area is either within the same block or not more than 500 feet distant from the boundaries of the lot to be served.

That modification of any setback or yard requirement for the parking area or modification of any construction requirement is necessary because of unique or unusual circumstances which render the specific requirements of this section unreasonable and without benefit to surrounding property.

(i)

Exterior Lighting.

[Amended 4-7-2015 by Ord. No. 199]

Floodlighting of Buildings. Floodlights shall be mounted at ground level with the top of the fixture not over two feet above the ground and not more than 25 feet from the building. The light fixtures shall be concealed by low hedges, shrubbery, or walls, or by other suitable inconspicuous methods, and shall be arranged, located, or screened as to deflect light away from any adjoining property zoned or used for residential purposes or from public streets. Other methods of lighting exterior building surfaces may be used if approved by the City Architect as being of a substantially concealed type that will concentrate the radiated light predominantly on the building surfaces. Flashing or rapidly changing lighting shall not be permitted.

Parking Lot Lighting. Any lighting used to illuminate an off-street parking area, sign or other structure shall be arranged, located, or screened as to deflect light away from any adjoining property zoned or used for residential purposes or from public streets. Bare incandescent light bulbs shall not be permitted in view of adjacent property or public right-of-way. Any light or combination of lights that casts light on a public street shall not exceed one footcandle (meter reading) as measured from the center line of the street. Any light or combination of lights that casts light on adjacent residentially zoned property shall not exceed 0.5 footcandle (meter reading) as measured from the property line.

All exterior lighting shall be hooded, shielded, aimed downward and away from roadways and driveways to prevent potentially hazardous or offensive glare. Awnings, canopies, roof structures and other opaque surfaces that are designed to shield the direct horizontal surface of the light source and direct light downward toward the building or other opaque surface may also be considered for compliance with this requirement.

Exterior lighting fixtures lawfully existing prior to the date of this section, that do not conform to these standards, are deemed to be a lawful nonconforming use and may remain. A nonconforming lighting fixture that is changed to or replaced by a conforming lighting fixture is no longer nonconforming and is subject to these exterior lighting standards.

Maintenance. Routine lighting fixture maintenance, such as changing lamps or light bulbs, ballast, starter, photo control, housing, lenses and other similar components, does not constitute replacement and is allowed to existing light fixtures, provided such changes do not result in a higher light output.

(j)

Exterior Signs. Only one sign or nameplate shall be allowed, not over 20 square feet in size, and giving the name only of the organizations occupying the building, and located as approved by the Board of Zoning Appeals, unless a commercial property is located at the corner of two major thoroughfares, in which case a second sign not to exceed 20 square feet in size and as approved by the Board of Zoning Appeals shall be permitted. Any such sign(s) affixed upon or against a canopy or wall of the building shall not extend above the roofline and shall be in harmony with the general architectural design of the structure to which it is/they are affixed.

[Amended 9-1-2015 by Ord. No. 204]

(k)

Preliminary Plan. Submission Standards: Plans and supplementary information shall be submitted in accordance with the following requirements:

The preliminary plan of the property to be zoned as a Planned Office District, drawn to scale, shall show the boundaries of the property proposed to be zoned, the existing topography with contour intervals not greater than five feet, unless waived by the Commission, and the proposed size, location and arrangement of buildings, parking area, 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, drainage plans 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 200 feet, including the location and type of buildings and structures thereon. If the Planned Office 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 sought to be zoned as a Planned Office District.

It shall also be accompanied by a plan, drawn to scale, showing the general arrangements of streets within the remainder of this ownership, which plat need not include more than 1,000 feet from the boundaries of the area to be zoned as a Planned Office District.

The Developer shall indicate on the preliminary plan the stages which will be followed in the construction of the Planned Office District.

The proponents shall also submit whatever private covenants exist, or are to be placed by the proponents, on the property proposed for rezoning.

(l)

Final Plan, Submission Standards. Upon approval of the zoning change by the City Council, the proponent shall submit a Final Development Plan that:

Conforms to the requirements of 12-207 (g).

Conforms to the requirements as to offices permitted, locations entirely or partly within the City, type of construction, height, setback, lot area, interior access roads, parking areas, exterior lighting and exterior signs governing this zoning classification.

(m)

Development and Performance Standards for Communications Towers. As used in this subsection "provider" shall mean the entity which has received approval for the construction or operation of a communications tower.

Development Standards.

The use of land located within a Planned Office District for the location of a communications tower shall only be approved after the submission of a Final Development Plan that in addition to the requirements generally applicable to such a Final Development Plan contains the following:

A photo simulation of the proposed facility from residentially zoned property in the vicinity of the proposed location of the tower.

A copy of any agreement or agreements between or among the owner of the property and any other person or entity under the terms of which such tower is permitted to be constructed and operated.

A written representation that the provider intends to share any space available on the tower or will make a good faith effort to accommodate the sharing of any available space on the tower.

A report from a licensed professional engineer, or such other authority as the governing body may approve, which describes the tower's capacity, including the number and type of antennas it can accommodate.

No communications tower shall be constructed within 1,500 feet of any similar tower located within or without the City.

The maximum height for a communications tower which may be approved by the governing body shall be 150 feet A lightning rod, not exceeding 10 feet shall not be included within the height limitation. The exact permitted height and location shall be determined by the governing body, which determination shall give consideration to the anticipated aesthetic impact of the tower location, height, and antenna configuration on the surrounding community. No more than 7 antenna platforms can be located on a tower without prior Planning Commission consideration. The location of additional antenna, not exceeding 7 platforms, on a legally existing tower shall not require approval of the Planning Commission, but shall require the approval of the Governing Body. The Governing Body shall give due consideration to the anticipated aesthetic impact on the surrounding community with regard to the type of antenna being proposed, the configuration of such antenna with all other antennas located on the tower, the location and appearance of any equipment located on the ground adjacent to the tower and such other factors as the Governing Body may deem relevant.

A tower shall be set back from any boundary line of a residentially zoned district at least 100 feet. The location of the tower and any equipment or facilities connected to or associated with such tower shall meet the setback requirements otherwise applicable in a Planned Office District. The plan commission or governing body may reduce any set back requirement otherwise provided upon a showing that the reduction would not adversely impact the adjoining properties.

Any communications tower in excess of 100 feet in height shall be capable of handling more than one antenna platform.

The exterior finish of a communications tower is subject to the approval of the governing body.

The parking area and access drive shall be surfaced with materials approved by the governing body.

The base of the tower and visible tower equipment at grade shall be screened from view with a solid screening fence or other structure that is a minimum of six feet in height and substantially masked by evergreen or other landscaping acceptable to the governing body extending a minimum of eight feet in height.

Any tower and visible tower equipment at grade shall only be illuminated as required by the Federal Communications Commission and the Federal Aviation Administration. Security lighting on the tower and around the visible tower equipment at grade shall be shielded so that no light is directed towards or intrusive to adjacent properties or rights-of-way. All lighting plans must be approved by the governing body.

Approval of the initial erection of a tower may be granted upon the condition that the provider may be required by the City to accept another provider on the tower if such use can be reasonably accommodated.

Performance Standards. The continued usage of property located in a Planned Office District for a communications tower shall be conditional upon the provider of such tower, equipment and facilities meeting the following performance standards:

Any communications tower and any equipment or facilities connected to or associated with such tower shall be constructed, maintained, and operated in compliance with rules and regulations of the Federal Communications Commission and of all other federal and state governmental entities having jurisdiction over such towers, equipment, or facilities and the services provided by the use thereof, including telecommunications.

Any communications tower and any equipment or facilities connected to or associated with such tower shall be continued to be operated by the provider, unless an assignment or change in the provider is approved in advance by the governing body. In determining whether the communications tower and any equipment or facilities connected to or associated with such tower is continued to be operated by the provider the transfer of ownership or control of the provider that together with such transfers within the previous twenty-four-month period amount to more than a 50% change in ownership or control, direct or indirect, of the provider shall be presumed to result in change of ownership or control of the provider.

A tower that is not substantially in continuous use by the provider for its approved purpose for 12 continuous months shall within 60 days thereafter be dismantled and the tower and any equipment or facilities connected to or associated with such tower shall be physically removed from the City by the provider or if not removed by the provider then by the owner of the property on which the tower is located. If not so removed, the City may remove the tower and any equipment or facilities connected to or associated with such tower and charge the cost thereof to the provider.

Any substantial alterations, additions, or changes in the tower, or of any equipment or facilities connected to or associated with such tower, or the use thereof, shall be approved by the governing body prior to any such substantial alterations, additions, or changes.

The provider shall not permit the use of the tower for the location of any equipment or facilities to be used by any other entity for any purpose without the prior approval of the governing body.

Such provider shall file with the City Clerk each year by March 15 an affidavit that includes the following information:

Copies of any noncompliance communications relating to the provider's operations within the City from the FCC or any other governmental body received during the previous calendar year or an affirmative statement that there were no such communications.

A description of the percentage change in ownership or control, to within approximately 5%, of the provider during the previous two calendar years or an affirmative statement that there has been no change in ownership or control. In making such determination the rules of Section 382(g) of the Internal Revenue Code shall be generally followed.

A description of any change in the approved telecommunications use or of the telecommunications facilities or an affirmative statement that there have been no such changes.

A schedule listing at least three names and telephone numbers of appropriate provider officials, who can be reached 24 hours a day in the event of an emergency.

In the event the provider fails to provide the City with the required affidavit within the required time, in addition to such action the City may otherwise take under the provisions hereof, the provider shall pay the City, as an administrative penalty, $10 a day for each day that the affidavit is not filed, but not to exceed $2,500.

In the event the provider is not in compliance with any of the performance standards contained herein, the City shall give the provider 30 days' notice of such noncompliance and allow the provider to achieve compliance with the performance standards contained herein. In the event the provider fails to comply within the thirty-day period, upon giving the provider 20 days' notice, the governing body shall conduct a hearing to determine if the zoning allowing for the construction and operation of a tower should be revoked.

In addition to such action the City may take under provisions hereof, the provider shall pay the City, as an administrative penalty, $10 a day for each day beyond 90 days that the provider was not or is not in substantial compliance with any performance standard contained herein.

Access and Inspection. The City shall have access to the tower and the equipment and facilities connected to or associated with the tower, at any time without notice or escort for emergency and public safety purposes. Upon 48 hours' advance notice to the provider the City shall have the right to access the tower location for reasonable inspection purposes, and the provider shall provide an escort to accompany the City officials and their agents.

Regulations. The governing body may adopt and publish regulations from time to time which implement the requirements and provisions of this Ordinance, including clerical and procedural rules. Such regulations shall be available for inspection and copies thereof available from the City Clerk and from the City Building Inspector.

Fees. The provider shall be responsible for the payment of any actual administrative, engineering, inspection, consulting, legal or other reasonably related costs of the City associated with the consideration of an application for Final Development Plan approval, or incurred as a result of the construction and/or operation of a communications tower.

§ 12-403.1 Planned Office-Limited Business District.

A planned office-limited business district classification is established to provide for the development of offices of general usage (including professional offices) in conjunction with limited retail and business uses of a character compatible with such office uses, in a reasonable manner and in keeping with the general intent and spirit of the zoning regulations. The requirements of this classification shall not be interpreted or implemented in a manner that will adversely affect the uses of property immediately adjacent to the property proposed for a planned office-limited business district zoning, or that will be detrimental to the public welfare and the interests of the community.

Sub Classifications. There is hereby created a "Planned Office-Limited Business District." A Planned office-Limited Business District is designed to provide an area for the location and development of office buildings of general usage (including professional offices) and related limited retail and business uses which shall be subject to restrictive controls on lot area coverage and off-street parking requirements and be such as will maintain a compatible relationship with the adjoining residential uses. No building or premises in a Planned Office-Limited Business District shall be used, and no building or structure shall be hereafter erected or altered for use, except as expressly authorized herein and upon compliance with the terms and provisions hereof.

Uses Permitted. Usage in Planned Office-Limited Business Districts shall be as follows:

Office Buildings to be used for general office usage, which usage may include (but are not limited to) offices of surgeons, physicians, osteopaths, chiropractors, dentists, lawyers, real estate agencies or similar professional offices having contact with the general public.

Limited retail and business uses of a character which are compatible with the general character of the district, provided that

Any application for approval of said Planned Office Limited Business District shall specify the intended use and such uses must be approved by the City Council, after review by the City Plan Commission, after public hearing, with any changes or additions also subject to approval by the City Council after review by the City Plan Commission, and

Such use is one of the uses hereafter enumerated:

Bank.

Blueprinting and photocopying service.

Building and/or savings and loan association.

Credit Union.

Finance and loan company.

Magazine and newspaper store.

Travel agency.

Such approval shall be given after a determination that any such limited retail and business uses are compatible with the general character of the district and with the intent and spirit of the zoning regulations.

Equipment, material or vehicles other than passenger motor vehicles shall not be stored outside a building in this district. The outside burning of trash and other waste or combustible materials shall be prohibited within this district.

Parking areas within Planned Office Limited Business Districts may be used by employees and customers of the Planned Office-Limited Business District only. Use of parking areas within Planned Office-Limited Business Districts for other purposes not related to uses permitted within the district shall be prohibited.

The normal business hours for Planned Office-Limited Business areas shall be within the period from 6:00 a.m. through 6:00 p.m. on Monday through Saturday. Occasional and infrequent usage during other periods shall be permissible.

Locations Entirely Within City. Property proposed for development as a Planned Office-Limited Business District shall abut a major thoroughfare that is capable of carrying the additional traffic generated by the development.

Locations Partly in the City. Any proposed Planned Office - Limited Business District, the location of which will include land both within and without the City limits, shall be considered in its entirety and the portion lying within the City limits will be considered as part of the entire development in the consideration of area, setback, off-street parking and land coverage requirements.

Type of Construction. The exterior design of all buildings and appurtenances shall be compatible with the style and materials predominant in developed districts adjacent to the proposed district and shall be approved by the City Architect prior to construction. All construction shall be in accordance with existing building codes and fire ordinances.

Height Requirements. Height of buildings of this district shall not exceed two stories on the front or more than 36 feet in height about the finished grade at any point other than the front.

(g)

Setback Requirements.

Front Line Setback. All buildings shall be set back from the front property line at least 25 feet.

Side Line Setback. The principal building shall be set back at least 10 feet from the side property line.

Rear Yard Setback. The principal building shall be set back at least 30 feet from the rear property line.

Residentially Zoned Districts Adjoining. All buildings shall be set back from any boundary line in a residentially zoned district at least 100 feet, except that the City Council, after review by the City Plan Commission, may upon good cause shown reduce said setback requirement to not less than 25 feet where it is shown that said reduction will not adversely affect a residentially zoned district.

(h)

Parking Areas and Exceptions.

Number of Spaces. Off-street parking shall be provided on the basis of 4.5 off-street, parking places for each 1,000 square feet of floor area including basement area devoted to the usages stated above but excluding any area devoted to the dead storage, common areas, building mechanical equipment rooms and parking.

Required Setbacks. Off-street parking areas constructed on the ground surface shall not extend closer than the greater of six feet from any property line or 15 feet from the existing curb line of a major thoroughfare. There shall be no yard requirements for sub-surface parking facilities except that any portion of a sub-surface parking structure which may extend above the ground surface shall observe the yard requirement for surface parking lots.

Residentially Zones District Adjoining. Along any property line abutting or adjoining a residentially zoned district there shall be a setback of at least 10 feet, unless proponents have previously provided a setback in that amount of larger. On all sides where visible from a residential district, the parking area shall be surrounded with a fence, wall or hedge at least six feet in height that is sufficiently thick to serve the purpose of a screen and that shall be maintained in good condition.

Surface. All parking areas shall be hard surfaced.

Ingress and Egress. The location and limitation of access streets and other areaways for ingress and egress within the Planned Office-Limited Business District shall be reserved to the City Plan Commission and to the approval of the City Council. Any plan for the proposed development shall present a unified and organized arrangement of such access streets and areaways and shall be approved by the City Plan Commission and the City Council before development may be commenced within the district.

That any off-street parking proposed to be provided other than on the lot of the use to be served is reasonable located and readily accessible in relation to the use to be served and is reasonably related to surrounding uses of land and that said parking area is either within the same block or not more than 500 feet distant from the boundaries of the lot to be served.

That modification of any, setback or yard requirement for the parking area or modification of any construction requirement is necessary because of unique or unusual circumstances which render the specific requirements of this section unreasonable and without benefit to surrounding property.

(i)

Exterior Lighting.

[Amended 4-7-2015 by Ord. No. 199]

Exterior Signs. Only one sign or name plate shall be allowed, not over 20 square feet in size, and giving the name only of the organizations occupying the building and located as approved by the City Plan Commission. Any such sign affixed upon or against a canopy or wall of the building shall not extend above the roof line and shall be in harmony with the general architectural design of the structure to which it is affixed. Interior signs which can be viewed from the street are prohibited.

(k)

Variances. The Board of Zoning Appeals shall have the right to vary any of the height, setback, lighting or exterior sign requirements hereinabove set forth as applicable to the Planned office-Limited Business District upon a finding that, due to unusual topography, lot size or other unusual conditions, such a variance is desirable, would not adversely affect the surrounding properties and would be in keeping with the spirit and intent of these zoning regulations.

(l)

Preliminary Plan. Submission Standards. Plans and supplementary information shall be submitted in accordance with the following requirements:

The preliminary plan of the property to be zoned as Planned office-Limited Business District, drawn to scale, shall show the boundaries of the property proposed to be zoned, the existing topography with contour intervals not greater than five feet, unless waived by the City Plan Commission, and the proposed size, location and arrangement of buildings, parking area, 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, drainage plans 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 200 feet, including the location and type of buildings and structures thereon. If the Planned Office-Limited 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 sought to be zoned as a Planned Office-Limited Business District.

It shall also be accompanied by a plan, drawn to scale, showing the general arrangements of streets within the remainder of this ownership which plat need not include more than 1,000 feet from the boundaries of the area to be zoned as a Planned office-Limited Business District.

The Developer shall indicate on the preliminary plan the stages which will be followed in the construction of the Planned Office-Limited Business District.

The proponents shall also submit whatever private covenants exist, or are to be placed by the proponents, on the property proposed for rezoning.

(m)

Final Plan. Submission Standards. Upon approval of the zoning change by the City Council, the proponent shall submit a Final Development Plan that

Conforms to the requirements of § 12-207(g).

Conforms to the requirements applicable to Planned Office-Limited Business Districts set forth herein.

§ 12-404 (Reserved) [1]

[1]

Editor's Note: Former § 12-404, Retail Business District (C-1), was repealed 9-2-2003 by Ord. No. 145.

§ 12-405 Planned Recreation District (REC).

This district is designed to permit the development of certain lands for athletic, recreational and educational uses. In order to promote the most compatible uses to adjoining property, this district is narrow in scope and offers a very limited range of uses.

Permitted Uses. The following uses are permitted in a Planned Recreational District:

Athletic fields for use by amateur athletes.

Tennis Courts.

City or private parks including trails for jogging, walking, and bicycling.

Playgrounds, and other recreational areas of a noncommercial nature.

Permanent restroom and storage facilities.

Performance Standards. The uses enumerated above may be approved only after the Planning Commission and the City Council has found that the plans submitted for approval clearly demonstrate that:

The use does not materially damage or curtail the appropriate use of neighboring property.

The use is compatible with the general character of the district.

The use does not jeopardize the public health, safety and welfare.

The use does not violate the general spirit and intent of the zoning ordinance and is compatible with the long-range plan used as a guide for the development of the City.

Adequate hard surfaced, all weather, dustless off-street parking spec is provided for the patrons of the use.

Design Criteria. The height of any structures, the land area coverage and yard area shall be determined by the Plan Commission and Governing Body during the plan approval process. Any building proposed in the district shall require approval by the Architectural Review Board.

Additional Requirements. The specific ordinance approving the plan for a Planned Recreation District may impose additional requirements for the design, development, operation and maintenance of uses and structures. These additional requirements may include, but are not limited to:

Control of lighting and utilities.

Construction details for walls and/or fences.

Control of refuse collection areas.

Control of signage.

A landscape plan providing adequate screening for surrounding uses.

Control of smoke or dust.

(7)

Control of odor.

(8)

Control of the times for usage.

Plan Approval. Preliminary and final development plans for the project shall be submitted and approved by the Plan Commission and Governing Body prior to the issuance of any permits.

Preliminary Plan. Submission Standards.

Plans and supplementary information shall be submitted in accordance with the following requirements: The preliminary plan of the property to be zoned as a Recreation District, drawn to scale, shall show the boundaries of the property proposed to be zoned, the existing topography with contour intervals not greater than five feet, unless waived by the Commission, and the proposed size, location and arrangement of any specific athletic field (including the proposed use thereof), tennis courts, buildings, parking area, 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 drainage plans, fences 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 200 feet, including the location and type of buildings and structures thereon. If the Recreation 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 sought to be zoned as a Recreation District.

The Developer shall indicate on the preliminary plan the stages which will be followed in the development and construction of the Recreation District.

The proponents shall also submit whatever private covenants exist, or are to be placed by the proponents, on the property proposed for rezoning.

(g)

Final Plan, Submission Standards. Upon approval of the zoning change by the City Council, the proponent shall submit a Final Development Plan that: