Battlefield City Zoning Code
ARTICLE V
Zoning District Regulations
Section 400.320 "R-1L" Single-Family Low Density Residence District.
[R.O. 2017 § 400.320; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 25-01, 1-7-2025]
A.
Permitted Uses. The "R-1L" Single-Family Low Density Residence District is intended primarily for single-family detached dwellings at maximum densities of up to three (3) dwelling units per acre. Other uses necessary to meet educational, governmental, religious, recreation and other neighborhood needs are permitted or allowed as conditional uses subject to restrictions intended to preserve the residential character of the district. The following uses are permitted in the "R-1L" District:
1.
Single-family detached dwellings, one (1) dwelling per lot.
2.
Single-family detached modular dwellings, one (1) dwelling per lot.
3.
Residential group homes. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be closer than five hundred (500) feet of another group home.
4.
Two-family dwellings existing at the time the district is mapped.
5.
Schools, elementary and secondary, or development centers for elementary and secondary school-age children with developmental disabilities or handicaps on a minimum of five (5) acres of land.
6.
Churches and other places of worship, including parish houses and Sunday schools, but excluding temporary revivals, rescue missions and overnight shelters, that meet the following requirements:
a.
Frontage on and primary access to an arterial or higher classification street;
b.
Located not less than fifty (50) feet from any other lot in any other residential district; and
c.
Located on a minimum of two (2) acres of land to provide sufficient space for off-street parking and site design to minimize impact on adjacent residential uses. Churches and other places of worship on less than two (2) acres of land at the time this Chapter is adopted shall be considered conforming uses.
7.
Publicly owned or operated parks, playgrounds, recreation facilities, golf courses and community buildings, all of a non-commercial nature.
9.
Police and fire stations.
10.
Public utilities and buildings, transportation, pipeline and utility easements and rights-of-way, except for office buildings, garages and shops, loading yards and warehouses.
11.
Nurseries, greenhouses and truck gardens limited to the propagation and cultivation of plants, provided no retail or wholesale sale is conducted on the premises.
14.
Family day-care homes.
B.
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1.
Non-commercial, not-for-profit neighborhood facilities, including indoor and outdoor recreational facilities, operated by a neighborhood or community organization or a property owners' association.
2.
Country clubs, golf courses and other private non-commercial recreation areas and facilities, but excluding miniature golf courses or driving ranges.
3.
Museums, public art galleries and libraries on a minimum two (2) acres of land.
4.
Cemeteries on a minimum of ten (10) acres of land.
C.
Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area | |
Single-family dwellings | 12,000 square feet |
Existing duplex dwellings | 6,000 square feet per dwelling unit |
All other permitted uses | 1 acre (unless otherwise specified in Section 400.320(B)) |
Minimum Lot Width | |
Single-family dwellings | 80 feet |
Existing duplex dwellings | 80 feet |
All other permitted uses | 200 feet |
Minimum Lot Depth | 125 feet |
Maximum Structure Height | |
Principal structure | 35 feet or 2 1/2 stories above finished grade |
Accessory structure | 16 feet |
Minimum Yard Requirements | |
Front yard | 30 feet |
Rear yard | 25 feet for principal structure 10 feet for accessory structure |
Side yard | 10 feet, except that on corner lots, side yard setback shall be 20 feet on the side next to a street |
Maximum Building Coverage | 40% |
D.
Design Requirements.
2.
A landscaping plan meeting the requirements of Article VIII shall be submitted and approved for all non-residential uses.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article VIII.
4.
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to any non-residential use shall be screened from public view.
Section 400.330 "R-1M" Single-Family Medium Density Residence District.
[R.O. 2017 § 400.330; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 25-01, 1-7-2025]
A.
Permitted Uses. The "R-1M" Single-Family Medium Density Residence District is intended primarily for single-family detached dwellings at maximum densities of up to four (4) dwelling units per acre. Other uses necessary to meet educational, governmental, religious, recreation and other neighborhood needs are permitted or allowed as conditional uses subject to restrictions intended to preserve the residential character of the district. The following uses are permitted in the "R-1M" District:
1.
Single-family detached dwellings, one (1) dwelling per lot.
2.
Single-family detached modular dwellings, one (1) dwelling per lot.
3.
Residential Group Homes. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be closer than five hundred (500) feet of another group home.
4.
Two-family dwellings existing at the time the district is mapped.
5.
Schools, elementary and secondary. or development centers for elementary and secondary school-age children with developmental disabilities or handicaps on a minimum of five (5) acres of land.
6.
Churches and other places of worship, including parish houses and Sunday schools, but excluding temporary revivals, rescue missions and overnight shelters, that meet the following requirements:
a.
Frontage on and primary access to an arterial or higher classification street;
b.
Located not less than fifty (50) feet from any other lot in any other residential district; and
c.
Located on a minimum of two (2) acres of land to provide sufficient space for off-street parking and site design to minimize impact on adjacent residential uses. Churches and other places of worship on less than two (2) acres of land at the time this Chapter is adopted shall be considered conforming uses.
7.
Publicly owned or operated parks, playgrounds, recreation facilities, golf courses and community buildings, all of a non-commercial nature.
9.
Police and fire stations.
10.
Public utilities and buildings, transportation, pipeline and utility easements and rights-of-way, except for office buildings, garages and shops, loading yards and warehouses.
11.
Nurseries, greenhouses and truck gardens limited to the propagation and cultivation of plants, provided no retail or wholesale sale is conducted on the premises.
14.
Family day-care homes.
B.
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1.
Non-commercial, not-for-profit neighborhood facilities, including indoor and outdoor recreational facilities, operated by a neighborhood or community organization or a property owners' association.
2.
Country clubs, golf courses and other private non-commercial recreation areas and facilities but excluding miniature golf courses or driving ranges.
3.
Museums, public art galleries and libraries on a minimum two (2) acres of land.
4.
Cemeteries on a minimum of ten (10) acres of land.
C.
Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area | |
Single-family dwellings | 9,000 square feet |
All other permitted uses | 1 acre (unless otherwise specified in Section 400.330(B)) |
Minimum Lot Width | |
Single-family dwellings | 70 feet |
All other permitted uses | 200 feet |
Minimum Lot Depth | 125 feet |
Maximum Structure Height | |
Principal structure | 35 feet or 2 1/2 stories above finished grade |
Accessory structure | 16 feet |
Minimum Yard Requirements | |
Front yard | 25 feet |
Rear yard | 25 feet for principal structure 10 feet for accessory structure |
Side yard | 8 feet, except that on corner lots, side yard setback shall be 20 feet on the side next to a street |
Maximum Building Coverage | 40% |
D.
Design Requirements.
2.
A landscaping plan meeting the requirements of Article VIII shall be submitted and approved tor all non-residential uses.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article VIII.
4.
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to any non-residential use shall be screened from public view.
Section 400.335 (Reserved) [1]
Section 400.340 "R-2" Two-Family Residence District.
[R.O. 2017 § 400.340; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 25-01, 1-7-2025]
A.
Permitted Uses. The "R-2" Two-Family Residence District is intended to accommodate a variety of single-family and two-family housing types at moderate densities of up to approximately six (6) dwelling units per acre. The district is also intended to serve as a transition between the less intense Single-Family Residence Districts (see Section 400.320 and Section 400.330) and the "R-3" Multifamily Residence District. The following uses are permitted in the "R-2" District:
1.
Single-family detached dwellings, one (1) dwelling per lot.
2.
Single-family semidetached dwellings, such as patio homes, one (1) dwelling per lot.
3.
Single-family detached modular dwellings, one (1) dwelling per lot.
4.
Two-family dwellings.
5.
Family day-care homes.
6.
Residential group homes. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be closer than five hundred (500) feet of another group home.
7.
Schools, elementary and secondary, or development centers for elementary and secondary school-age children with developmental disabilities or handicaps on a minimum of five (5) acres of land.
8.
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions and overnight shelters, that meet the following requirements: Frontage on and primary access to an arterial or higher classification street and on a minimum of two (2) acres of land to provide sufficient space for off-street parking and site design to minimize impact on adjacent residential uses. Churches and other places of worship on less than two (2) acres of land at the time this Chapter is adopted shall be considered conforming uses.
9.
Publicly owned or operated parks, playgrounds and community buildings.
11.
Police and fire stations.
12.
Public utilities and pipelines, utility easements and rights-of-way, except for office buildings, garages and shops, loading yards and warehouses.
13.
Public water reservoirs, water standpipes and elevated and ground-level water storage tanks.
B.
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1.
Public museums, art galleries and libraries on a minimum two (2) acres of land.
2.
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions. Such uses shall be located on a minimum of two (2) acres of land to provide sufficient area for off-street parking, buffer yards and proper site design to lessen impact on adjacent residential areas. Churches and other places of worship on less than two (2) acres of land at the time of adoption of this Chapter shall be considered conforming uses.
3.
Non-commercial, not-for-profit neighborhood facilities, including indoor and outdoor recreational facilities, community centers, clubhouses, offices of a property owners' association operated by a neighborhood or community organization or a property owners' association.
4.
Group day-care homes.
5.
Cemeteries on a minimum of ten (10) acres of land.
C.
Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area | |
Single-family detached dwellings | 12,000 square feet |
Single-family semidetached dwellings and two-family dwellings | 6,000 square feet per dwelling unit |
Minimum Lot Width | |
Single-family dwellings | 80 feet |
Single-family semidetached dwellings and two-family dwellings | 40 feet per dwelling unit |
All other permitted uses | 80 feet |
Minimum Lot Depth | 125 feet |
Maximum Structure Height | |
Principal structure | 30 feet |
Accessory structure | 16 feet |
Minimum Yard Requirements | |
Front yard | 30 feet |
Rear yard | 25 feet for principal structure 10 feet for accessory structure |
Side yard | 10 feet, except that on corner lots, side yard setback shall be 20 feet on the side next to a street |
Maximum Building Coverage | 40% |
D.
Design Requirements.
2.
A landscaping plan meeting the requirements of Article VIII shall be submitted and approved for all uses, except for single-family dwellings.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article VIII.
4.
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to any non-residential use shall be screened from view.
Section 400.350 "R-3" Multifamily Residence District.
[R.O. 2017 § 400.350; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Permitted Uses. The "R-3" Multifamily Residence District is designed for multifamily residential developments at up to twelve (12) dwelling units per acre and areas of convenience shopping and service facilities in residential neighborhoods. The following uses are permitted in the "R-3" District:
[Ord. No. 23-16, 11-21-2023]
1.
Single-family dwellings existing at the time the district is mapped.
2.
Two-family dwellings.
3.
Multifamily dwellings.
4.
Townhouses.
5.
Family day-care homes.
6.
Group day-care homes.
7.
Custodial group homes.
8.
Residential Group Homes. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be closer than five hundred (500) feet of another group home.
9.
Boardinghouses, rooming houses and lodging houses.
10.
Residential, intermediate and skilled nursing care facilities.
11.
Bed-and-breakfasts.
12.
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions and overnight shelters.
13.
Schools, elementary and secondary, or development centers for elementary and secondary school- age children with handicaps or developmental disabilities on a minimum of five (5) acres of land.
14.
Public and private parks, playgrounds, community buildings and golf courses, excluding miniature golf courses and driving ranges.
18.
The following retail goods and service uses when located on the ground floor of multifamily dwelling unit structures:
a.
Bakeries, delicatessens, and meat markets with on-premises sales.
b.
Convenience stores which do not include gasoline sale or repair facilities for motor vehicles.
c.
Day-care centers.
d.
Governmental buildings and uses, including police substations.
e.
Laundry and dry-cleaning self-service, provided such use is conducted within a completely enclosed building.
f.
Residential, intermediate, or skilled nursing care facilities.
g.
Personal services such as barber or beauty shop, dressmaking, tailoring, shoe repair, household appliance repair and other similar uses.
h.
Banks and financial institutions, including automatic teller machines for pedestrian use, but not including drive-through facilities or automatic teller machines for automobiles.
i.
Clinics, dental laboratories, and similar medical service facilities.
j.
Offices, clerical, research and services not related to goods and merchandise, such as offices of attorneys, physicians, engineers, accountants, insurance agents, stock brokers, travel agents, telecommunications and internet services and government.
k.
Restaurants when comprised of three thousand (3,000) square feet gross floor area or less.
B.
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
1.
Museums, libraries and art galleries.
2.
Cemeteries on a minimum of ten (10) acres of land.
3.
Day-care centers.
C.
Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area | |
Two-family dwellings | 6,000 square feet per dwelling unit |
Multifamily dwellings | 3,000 square feet per dwelling unit |
Townhouses | 3,000 square feet per townhouse unit on a separate platted lot |
All other permitted and conditional uses | 12,000 square feet |
Minimum Lot Width | |
Two-family dwellings | 80 feet |
Each townhouse on a separate platted lot: End lots Interior lots with driveway in front yard Interior lots without driveway in front yard | 30 feet 26 feet 20 feet |
All other permitted and conditional uses | 80 feet |
Minimum Lot Depth | |
Each townhouse on a separate platted lot | 100 feet |
All other permitted and conditional uses | 125 feet |
Maximum Structure Height | |
Principal structure | 45 feet or 3 stories above finished grade |
Accessory structure | 16 feet |
Minimum Yard Requirements | |
Front yard | 30 feet |
Rear yard | 25 feet for principal structure 10 feet for accessory structure |
Side yard | 7 feet, provided that no side yard is required for any residential unit that has a common wall on a lot line On corner lots, side yard setback shall be 20 feet on the side next to a street |
Maximum Building Coverage | 50% |
D.
Minimum Open Space. Not less than twenty percent (20%) of the total lot area shall be devoted to open space including required yards and buffer yards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
E.
Design Requirements.
2.
A landscaping plan meeting the requirements of Article VIII shall be submitted and approved for all uses except single-family dwellings.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article VIII.
4.
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to uses except for single-family dwellings and duplex dwellings shall be screened from view.
Section 400.360 "R-4" Manufactured Home Residence District.
[R.O. 2017 § 400.360; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 25-01, 1-7-2025]
A.
Permitted Uses. The "R-4" Manufactured Home Residence District is established for manufactured home parks and manufactured home subdivisions with densities of up to four (4) dwelling units per acre. The following uses are permitted in the "R-4" District:
1.
Single manufactured homes on individual lots.
2.
Manufactured home parks.
3.
Manufactured home subdivisions.
4.
Residential group homes. The exterior appearance of the home and property shall be in reasonable conformance with the general neighborhood standards. No group home shall be closer than five hundred (500) feet to another group home.
5.
Family day-care homes.
6.
Schools, elementary and secondary, or development centers for elementary and secondary school-age children with handicaps or developmental disabilities on a minimum of five (5) acres of land.
7.
Churches and other places of worship, including parish houses and Sunday schools, but excluding rescue missions and overnight shelters, that meet the following requirements: Frontage on and primary access to an arterial or higher classification street and on a minimum of two (2) acres of land to provide sufficient space for off-street parking and site design to minimize impact on adjacent residential uses. Churches and other places of worship on less than two (2) acres of land at the time this Chapter is adopted shall be considered conforming uses.
8.
Public utilities and governmental buildings, including transformer stations, pumping stations, and lift stations, but excluding office buildings, garages and shops, loading yards and warehouses.
9.
Clubhouses associated with any permitted residential use, subject to the requirement that such clubhouses shall be for the use of the residents of the associated residential development and their guests and shall not be open for general public use.
14.
Police and fire stations.
C.
Use Limitations. In manufactured home districts, recreational vehicles shall not be occupied as dwellings and manufactured home sales lots shall not be permitted.
D.
Minimum Area Requirements. Where the district is established, the minimum area shall be ten (10) acres. The tract shall comprise a single parcel, except where the site is divided by a public street or where the total property includes separate parcels for maintenance and storage facilities and the like. All parcels involved shall be of sufficient size and dimensions to allow for efficient design and management.
E.
Minimum Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area | |
Manufactured home park or manufactured home subdivision tract area | 10 acres |
Manufactured home in manufactured home parks or subdivisions | 10,000 square feet per dwelling unit |
All other permitted and conditional uses | 15,000 square feet |
Minimum Lot Width | |
Manufactured home park or subdivision tract | 200 feet |
Manufactured home in manufactured home park or subdivision | 65 feet |
All other permitted and conditional uses | 100 feet |
Minimum Lot Depth | |
Manufactured home park or subdivision tract | 200 feet |
Manufactured home in manufactured home park or subdivision | 125 feet |
All other permitted and conditional uses | 125 feet |
Maximum Structure Height | |
Principal structure | 35 feet or 2 1/2 stories above finished grade |
Accessory structure | 16 feet |
Minimum Yard Requirements | |
Front yard | 30 feet |
Rear yard | 25 feet for principal structure 10 feet for accessory structure |
Side yard | 7 1/2 feet for manufactured homes 10 feet for all other uses |
Maximum Building Coverage | 40% |
F.
Minimum Open Space. For individual lots, not less than thirty percent (30%) of the total lot area shall be devoted to open space, including required yards and buffer yards. For manufactured home park developments, not less than twenty percent (20%) of the total area of the development shall be devoted to open space, including required yards and buffer yards. Open space shall not include areas covered by buildings, parking areas, driveways or internal streets.
G.
Design Requirements On Individual Lots.
1.
A site plan meeting the provisions of Article III shall be submitted and approved for all uses except single-family manufactured homes on individual lots.
2.
A landscaping plan meeting the requirements of Article VIII shall be submitted and approved for all uses except single-family manufactured homes on individual lots.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article VIII.
4.
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to uses except for single-family manufactured homes on individual lots shall be screened from view.
6.
Manufactured homes sited on an individual lot in a manufactured home subdivision shall be anchored on a permanent foundation. Siding on manufactured homes shall have a similar appearance to site built homes in nearby residential areas and shall have a pitched roof with composition shingles.
7.
In no case shall any manufactured home be located further than three hundred fifty (350) feet from a fire hydrant.
H.
Design Requirements For Manufactured Home Parks.
3.
All off-street parking and vehicular use areas permitted for non-residential uses shall be screened from all residential uses in accordance with Article VIII.
4.
Refuse storage areas, storage for maintenance and mechanical, electrical or other equipment incidental to any permitted non-residential use shall be screened from view.
5.
Off-street parking and vehicular use areas shall be provided in accordance with Article IX. In addition, each manufactured home park shall provide a parking lot for storage of boats, recreational vehicles and trucks that do not exceed one-ton capacity.
6.
There shall be at least fifteen (15) feet between manufactured homes or any other buildings located in a manufactured housing park.
7.
Manufactured homes shall be anchored to a foundation that is similar in appearance to the materials used for permanent foundations. Siding shall be similar in appearance to site built homes in nearby neighborhoods and the manufactured home shall have a pitched composition roof.
8.
In no case shall any manufactured home be located further than three hundred fifty (350) feet from a fire hydrant.
9.
A storm shelter shall be provided for every manufactured housing park. Such shelter shall be located on the premises or within one hundred fifty (150) feet of the main entrance of the manufactured housing park. The shelter shall provide a minimum of forty (40) square feet of floor area per manufactured home space.
10.
Every manufactured home shall have direct access to a hard-surfaced driveway or interior street. Interior streets shall be constructed in conformance with the requirements of the City of Battlefield design standards for public improvements.
Section 400.370 "C-1" Neighborhood Business District.
[R.O. 2017 § 400.370; Ord. No. 02-18 §§ 1 — 5, 10-15-2002; Ord. No. 03-18 § 1, 6-17-2003; Ord. No. 25-01, 1-7-2025]
A.
Permitted Uses. The "C-1" Neighborhood Business District is designed to permit small areas of convenience shopping facilities in and near residential neighborhoods. The following uses are permitted in the "C-1" District:
1.
Bakeries, delicatessens and meat markets with on-premises sales.
2.
Convenience store, which shall include gasoline sales but shall not permit repair facilities for motor vehicles.
3.
Day-care center.
4.
Governmental buildings and uses.
5.
Laundry and dry-cleaning self-service, provided such use is conducted within a completely enclosed building and such building is more than one hundred (100) feet from any Single-Family Residence District(s).
6.
Residential, intermediate or skilled nursing care facilities.
7.
Personal services such as barber- or beauty shop, dressmaking, tailoring, shoe repair, household appliance repair and other similar uses.
8.
Police and fire stations.
9.
Public or private parks, playgrounds and golf courses, excluding miniature golf and driving ranges
11.
Public utilities and governmental buildings, including transformer stations, pumping stations, lift stations, public water reservoirs, standpipes and elevated and ground level water storage tanks, but excluding office buildings, garages and shops, loading yards and warehouses.
14.
Residential uses existing at the time the district is mapped.
15.
Banks and financial institutions, including automatic teller machines and drive-through facilities.
16.
Clinics, dental laboratories and similar medical service facilities.
17.
Offices, clerical, research and services not related to goods and merchandise, such as offices of attorneys, physicians, engineers, accountants, insurance agents, stock brokers, travel agents, telecommunications and internet services and government.
B.
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and approval by the Board of Aldermen.
C.
Use Limitations.
1.
No new residential structures shall be constructed in the "C-1" Neighborhood Business District. Existing residential structures may be altered, remodeled or improved subject to the restrictions and regulations applicable to residences in the "R-3" Multifamily Residence District.
2.
All business, servicing, storage and display of materials and goods, except for off-street parking and loading, shall be conducted within completely enclosed structures.
3.
No manufacturing, processing or treating of products other than that which is clearly incidental and essential to retail business shall be conducted and all such products shall be sold at retail on the premises.
4.
No separate business establishment shall occupy more than five thousand (5,000) square feet of floor space.
5.
No business establishment shall offer goods or services to customers waiting in parked motor vehicles (drive-through).
D.
Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area | None |
Minimum Lot Width | None |
Minimum Lot Depth | None |
Maximum Structure Height | |
Principal structure | 30 feet |
Accessory structure | 16 feet |
Maximum Floor Area Ratio | 0.40 |
Minimum Yard Requirements | |
Front yard | 25 feet, except that on corner lots, 1 of the 2 front yards may be reduced to not less than 15 feet. |
Rear yard | 20% of the lot depth or 10 feet, whichever is greater, provided that no more than 25 feet shall be required |
Side yard | 15 feet |
Maximum Building Coverage | 40% |
E.
Open Space Requirements. Not less than twenty percent (20%) of the total lot area shall be devoted to open space, including required yards and buffer yards. Open space shall not include areas covered by buildings or structures, parking, loading and other paved areas and internal streets. Open space shall contain living ground cover.
F.
Design Requirements.
1.
A site plan meeting the requirements of Article III shall be submitted and approved for all uses.
2.
All development shall meet the buffer yard and landscaping requirements in accordance with Article VIII.
3.
All off-street parking, vehicular use and loading areas shall be screened from residential uses in accordance with Article VIII.
4.
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to uses shall be screened from view.
5.
All buildings in the "C-1" District shall be constructed using materials, textures and colors that are compatible with and similar in nature to surrounding residential development.
Section 400.380 "C-2" General Commercial District.
[R.O. 2017 § 400.380; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Permitted Uses. The "C-2" District is designed for those business and commercial uses that draw their customers from motorists on the highway or for whom location on a highway or arterial street is necessary. The district also provides for the location of commercial activities that involve outdoor storage of materials and goods. The following uses are permitted in the "C-2" General Business District:
1.
All uses permitted in the "C-1" Neighborhood Commercial District.
2.
Agricultural implement sales and service.
3.
Arcades and game rooms, bowling alleys, theaters, skating rinks and other such similar places of commercial entertainment.
4.
Boat sales and rental.
5.
Car wash.
6.
Funeral home.
7.
Greenhouse, nursery or garden stores, on-premises sales permitted.
8.
Health and fitness centers, including dance studios.
9.
Hardware, home improvement and builder supply stores.
10.
Heating, air-conditioning and plumbing stores.
11.
Library, museum, art gallery and similar uses.
12.
Liquor store and tavern.
13.
Manufactured home sales and rental, but not including the use of a manufactured home as a residence.
14.
Monument sales, outside storage permitted.
15.
Motels and hotels when located on a State or Federal highway.
16.
Off-street parking facilities.
17.
New or used automobile, recreational vehicle or motorcycle sales and service facilities, outside storage permitted, but excluding the wrecking of motor vehicles.
18.
Pest control services.
19.
Public and private parks, playgrounds and golf courses, including miniature golf courses and driving ranges.
20.
Restaurants, including drive-in facilities.
21.
General retail sales and rental of goods, merchandise and equipment.
23.
Residential dwellings existing at the time the district was mapped.
24.
Service stations or gas stations, including repair shops.
25.
Schools: professional, business and trade.
26.
Veterinarian, animal hospital or kennel, provided that no outside exercise runway is closer than two hundred (200) feet to the boundary of any residence district.
29.
Type III wireless facilities in accordance with Article VI, provided that wireless towers sixty (60) feet or greater in height allow co-location of at least one (1) additional provider's facilities.
30.
Type IV wireless facilities in accordance with Article VI, provided wireless towers are set back from any residential district at least two (2) feet for every one (1) foot of tower height and allow co-location of at least one (1) additional provider's facilities or at least two (2) additional provider's facilities if the tower height is one hundred twenty (120) feet or greater.
31.
Water reservoirs, water standpipes and elevated and ground level water storage tanks.
32.
Medical marijuana dispensary facilities and medical marijuana testing facilities as governed by Article 19 of the Missouri State Constitution and applicable State rules and regulations for such facilities and that comply with Article VI, Section 400.495 of the Battlefield City Code.
[Ord. No. 20-02, 2-18-2020]
33.
Microbrewery.
[Ord. No. 20-20, 7-21-2020]
34.
Domestic Winery.
[Ord. No. 20-20, 7-21-2020]
C.
Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area | None |
Minimum Lot Width | None |
Minimum Lot Depth | None |
Maximum Structure Height | |
Principal structure | 45 feet |
Accessory structure | 16 feet |
Maximum Floor Area Ratio | 1.0 |
Minimum Yard Requirements | |
Front yard | 25 feet, except that on corner lots, 1 of the 2 front yards may be reduced to not less than 15 feet |
Rear yard | 20% of the lot depth or 10 feet, whichever is greater, provided that no more than 25 feet shall be required |
Side yard | 15 feet |
Maximum Building Coverage | 50% |
D.
Open Space Requirements. Not less than twenty percent (20%) of the total lot area shall be devoted to open space, including required yards and buffer yards. Open space shall not include areas covered by buildings or structures, parking, loading and other paved areas and internal streets. Open space shall contain living ground cover.
E.
Design Requirements.
1.
A site plan meeting the requirements of Article III shall be submitted and approved for all uses.
2.
All development shall meet the buffer yard and landscaping requirements in accordance with Article VIII.
3.
All off-street parking, vehicular use and loading areas shall be screened from residential uses in accordance with Article VIII.
4.
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to uses shall be screened from view.
5.
Lighting shall be designed so as to reflect away from adjacent residential districts.
6.
All parking and loading areas shall be provided in accordance with the requirements set forth in Article IX.
7.
All outdoor storage, except the storage of motor vehicles in operating condition, shall be enclosed by screening. Off-street parking and loading spaces and the storage of motor vehicles in operating condition shall be enclosed when such use abuts a residence district or is separated from a residence district by only an alley.
Section 400.390 "M-1" Industrial District.
[R.O. 2017 § 400.390; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Purpose. The "M-1" Industrial District is the basic manufacturing district for the City of Battlefield. This district is intended to accommodate those heavy industries which cannot entirely eliminate objectionable features and impacts, but which, with reasonable care, will be able to comply with the standards of this district.
B.
Permitted Uses. The following uses shall be permitted in the "M-1" Industrial District:
1.
Any storage, manufacturing, processing, assembly, packaging, servicing, testing or repair of goods and materials and business and sales offices accessory thereto which conforms to the performance standards established in Article VI.
3.
Auction sales, flea markets and swap meets.
4.
Battery recycling and reprocessing.
5.
Feed stores.
6.
Manufacturing and production of paving, roofing and other construction materials using asphaltic and petroleum based coatings and preserving materials.
7.
Manufactured and modular home manufacturing.
8.
Motor freight terminals.
9.
Recycling centers.
10.
Lumberyards.
12.
Type III wireless facilities in accordance with Article VI, provided wireless towers sixty (60) feet or greater in height allow co-location of at least one (1) additional provider's facilities.
13.
Type IV wireless facilities in accordance with Article VI, provided wireless towers are set back from any residential district at least two (2) feet for every one (1) foot of tower height and allow co-location of at least one (1) additional provider's facilities or at least two (2) additional provider's facilities if the tower height is one hundred twenty (120) feet or greater.
14.
Towers, other than wireless facilities, less than one hundred (100) feet in height and related facilities.
15.
Water reservoirs, water standpipes and elevated and ground level water storage tanks.
16.
Television and radio studios with transmitting facilities.
17.
Medical marijuana cultivation facilities and medical marijuana-infused products manufacturing facilities as governed by Article 19 of the Missouri State Constitution and applicable State rules and regulations for such facilities and that comply with Article VI, Section 400.495 of the Battlefield City Code.
[Ord. No. 20-03, 2-18-2020]
C.
Conditional Uses. The following uses may be permitted as conditional uses subject to the provisions of this Chapter and the approval of the Board of Aldermen.
1.
Accessory residential structure for a resident watchman and/or caretakers employed on the premises.
2.
Explosives manufacture or storage. All explosives manufacture or storage shall be subject to the minimum requirements and regulations of the Bureau of Alcohol, Tobacco and Firearms Publication ATFP 5400.7 (6/1990) or any subsequent amendments.
3.
Scrap and salvage yards, automobile wrecking yards, provided that no such use shall be located within five hundred (500) feet of any residence district.
4.
Acid manufacture, provided that no such facility shall be located within five hundred (500) feet of any residence district.
5.
Primary and secondary metal industries that manufacture, produce, smelt or refine ferrous and non-ferrous metals.
D.
Use Limitations.
1.
No use or operation shall disseminate dust, smoke, fumes, gas, vibration, noxious odors or glare at or beyond the property line.
2.
No use or operation shall produce noise exceeding in intensity at the boundary of the property the average intensity of noise of street traffic at that point.
3.
No use or operation shall create fire hazards on surrounding property.
4.
All operations and activities, except off-street parking, loading and storage, shall be conducted wholly inside a building or buildings, unless the nearest point of such operation or activity is more than two hundred (200) feet from the boundary of any other district.
5.
Storage may be maintained outside a building in side yards or rear yards if such storage area is screened from public streets and other property, except property located in a "M-1" District.
6.
All outdoor storage shall be at least two hundred (200) feet from any residence district.
7.
All salvage and scrap yards and automobile wrecking yards shall be enclosed by a solid board fence or wall not less than ten (10) feet high of new material and well maintained.
E.
Lot Size, Bulk And Open Space Requirements.
Minimum Lot Area | None |
Minimum Lot Width | None |
Minimum Lot Depth | None |
Maximum Structure Height | 50 feet |
Maximum Floor Area Ratio | 1.5 |
Minimum Yard Requirements | |
Front yard | 25 feet |
Rear yard | 25 feet |
Side yard | 20 feet, except where abutting a residence district, then 50 feet |
Maximum Building Coverage | None |
F.
Open Space Requirements. Not less than fifteen percent (15%) of the total lot area shall be devoted to open space, including required yards and buffer yards. Open space shall not include areas covered by buildings or structures, parking, loading and other paved areas and internal streets. Open space shall contain living ground cover.
G.
Design Requirements.
1.
A site plan meeting the requirements of Article III shall be submitted and approved for all uses.
2.
All development shall meet the buffer yard and landscaping requirements in accordance with Article VIII.
3.
All off-street parking, vehicular use and loading areas shall be screened from residential uses in accordance with Article VIII.
4.
Refuse storage areas, storage for maintenance, mechanical and electrical equipment or other equipment incidental to uses shall be screened from view.
5.
Lighting shall be designed so as to reflect away from adjacent residential districts. All development shall meet the buffer yard and landscaping requirements in accordance with Article VIII.
6.
All parking and loading areas shall be provided in accordance with the requirements set forth in Article IX.
7.
All outdoor storage, except the storage of motor vehicles in operating condition, shall be enclosed by screening. Off-street parking and loading spaces and the storage of motor vehicles in operating condition shall be enclosed when such use abuts a residence district or is separated from a residence district by only an alley.
Section 400.400 Planned Development District.
[R.O. 2017 § 400.400; Ord. No. 02-18 §§ 1 — 5, 10-15-2002]
A.
Purpose. The purpose of Planned Development Districts is to enable greater flexibility, creativity and innovation in land development and design than is normally possible under traditional zoning regulations. Planned Development Districts must meet specific criteria to ensure the protection of health, safety and welfare and be in accordance with the intent and purposes of the Battlefield Comprehensive Plan. Specifically, it is the purpose of Planned Development Districts to achieve one (1) or more of the following goals:
1.
Careful, creative design that is architecturally harmonious and maintains a positive visual impact on the community and that creates a sense of place.
2.
More efficient use of land, public services and infrastructure.
3.
Preservation and protection of significant natural features such as streams, trees, topographic features and significant cultural features.
B.
Authority. The Board of Aldermen is authorized to establish Planned Development Districts which may differ from the provisions of the other zoning districts of this Chapter but are congruent with the spirit and intent of this Chapter and the Battlefield Comprehensive Plan.
C.
Planned Development Districts — General Provisions.
1.
Planned Development Districts shall be established on a parcel of sufficient size to be planned and developed. Mixed-Use Planned Development Districts shall be established on a minimum of five (5) acres and Residential Planned Development Districts shall be established on a minimum of ten (10) acres. The entire tract or parcel of land for the Planned Development District must be held in single ownership or the application for the Planned Development District must be filed jointly by multiple owners.
2.
All Planned Development Districts shall comply with the following guidelines:
a.
The Planned Development District should not have an adverse impact on the property value of adjacent land, nor should it hinder the implementation of the Battlefield Comprehensive Plan.
b.
Planned Development Districts must provide for adequate traffic circulation within the development and must provide adequate connectivity with all modes of the City-wide transportation network.
c.
No Planned Development District should impose an undue burden on public services, facilities and infrastructure.
d.
The location of structures, parking areas, walks, lighting and streets shall be compatible with surrounding land uses; landscaping should be used where there are no structures, parking and loading areas or accessways.
e.
A Planned Development District may be developed in phases, provided that no phase or unit of development shall be constructed without proportional development of common open space (if any is to be provided). The residential density at any phase shall not exceed more than twenty percent (20%) of the proposed residential density of the entire development.
f.
The Commission may modify the period of time for completing the entire development and commencement date for each phase of the planned development if the applicant can show good cause for doing so, provided that in no case shall any extension exceed twelve (12) months.
g.
The applicant shall provide and record easements and covenants and furnish other guarantees deemed necessary by the Board of Aldermen to assure performance in accordance with the final development plan and to protect the public interest in the event of abandonment before the development's completion.
h.
Planned Development Districts shall comply with the off-street parking and loading area requirements of Article IX of this Chapter.
i.
Specifications for the design of streets and highways, alleys, public utilities, curbs, sidewalks, street lights, public playgrounds and parks, stormwater drainage, water supply and distribution, and sanitary sewers and collection shall comply with the City of Battlefield design standards for public improvements.
j.
The Commission may waive or modify such requirements if the Commission finds that the specifications will not harm the health, safety and welfare of the residents of Battlefield and that amended specifications would conform to the Battlefield Comprehensive Plan and the intent of this Chapter. However, no modification shall:
3.
The total number of dwelling units in a Planned Development District shall not exceed the maximum number of units allowed in the development's underlying zoning district or districts. The density of dwelling units in a Planned Development District shall also conform with the lot and bulk regulations of this Chapter unless the Commission approves a development plan that includes design and infrastructure elements to accommodate greater densities in localized areas of the development using these guidelines:
a.
Any reduction in minimum lot size shall be compensated by equivalent common open space in the balance of the development.
b.
The Commission shall, in its determination, also consider that the physical characteristics of the site may make increased densities appropriate in a particular location.
c.
The total ground area occupied by buildings and structures shall not exceed thirty-five percent (35%) of the total ground area of the planned development. If previous development in the neighborhood exceeds coverage of thirty-five percent (35%), the coverage area of the Planned Development District may be increased to correspond with that of the neighborhood as a whole.
4.
Common Open Space.
a.
The amount and location of common open space in a Planned Development District shall be consistent with its declared function in the application.
b.
The development plan shall include provisions for the ownership and maintenance of common open space as is necessary to ensure its continued care and conservation. The development plan shall also provide for remedial measures that will be available to the City of Battlefield should the common open space deteriorate or not be maintained in a manner consistent with the interests of the residents of the Planned Development District or the residents of Battlefield.
c.
Adequate safeguards such as recorded covenants shall be provided in the Planned Development District to ensure that no residential structure is ever constructed in the common open space and to prevent use of the common open space which is inconsistent with the intent of the development plan.
(1)
The development plan shall specify and identify all facilities and structures to be included in common open space.
(2)
Any change in the number or type of facilities and structures located in common open space shall constitute a significant change in the planned development plan and must be reviewed by the Planning and Zoning Commission and approved by the Board of Aldermen after public hearings have been held before both bodies.
D.
Residential Planned Development Districts.
1.
Residential Planned Development Districts include dwelling units in detached, semidetached and attached dwelling units and cultural or recreational uses intended to serve residents of the neighborhood. The purpose of a Residential Planned Development District is to allow for creativity in residential design, allow for a mixture of residential density within the same development, and encourage the conservation of significant natural or cultural features.
2.
Residential planned developments may be located in the "R-2" and "R-3" Residence Districts and may include any of the permitted and conditional uses allowed in the districts, contingent on the design, intensity and context of surrounding land uses.
3.
The highest intensity of residential use in a Residential Planned Development District shall not exceed the highest intensity use allowed in the parcel's underlying zoning district. The Board of Aldermen may, however, allow a higher intensity use than would normally be allowed in the underlying zoning district if the applicant can show that the design of the development will minimize the impact of the greater intensity and that the greater intensity will not jeopardize the health, safety and welfare of Battlefield residents or the provision of public services.
E.
Mixed-Use Planned Development Districts.
1.
The purpose of a Mixed-Use Planned Development District is to promote greater convenience and innovative use of land within the same planned development. Mixed-Use Planned Development Districts may include a combination of residential, office, commercial and light industrial uses. A mixed-use planned development must include a commercial or light industrial use; any development including only residential uses must be developed as a Residential Planned Development District. A Mixed-Use Planned Development District must be located in a "C-1," "C-2" or "M-1" Zoning District.
2.
Mixed-Use Planned Development Districts are also subject to the following provisions:
a.
Screening and buffering in accordance with the provisions of Article VIII may be required between commercial, industrial and/or residential uses within a Planned Development District or adjacent to the Planned Development District.
b.
The Board of Aldermen may restrict or require restrictive covenants prohibiting certain uses normally permitted in any of the above districts and their hours of operation if those uses will have an adverse impact on other properties located in or adjacent to the planned development. Considerations for the limitations of such uses include:
(1)
The impact of dust, chemicals, noise and other pollutants on surrounding properties.
(2)
The impact of the hours of operation of a use and the enjoyment of surrounding property.
(3)
The impact of traffic, freight pickup or deliveries and lighting on surrounding uses.
(4)
Outdoor storage and the storage or manufacturing of hazardous materials.
c.
Residential uses may share the same multistory structure with a commercial use, provided that residential dwelling units are limited to the secondary floors of the structure and that the Board of Aldermen determines that any such an arrangement will not adversely affect the health, safety and welfare of the residents of any such units.
F.
Preliminary Development Plan — All Planned Development Districts.
1.
The applicant shall prepare a preliminary development plan for a Planned Development District and submit it to the City Clerk. The applicant shall also submit a preliminary plat concurrent with the preliminary development plan. The application for the preliminary development plan must include the following:
a.
Survey of the tract that is to be developed showing streets, alleys, easements, utility lines and topographic and physical features.
b.
A site plan showing the location and arrangement of existing and proposed structures, proposed traffic circulation within the development, parking and loading areas, ingress and egress points, proposed and existing land uses, zoning districts, proposed lots and blocks, public and common open spaces, parks, playgrounds, school sites and recreational facilities.
c.
A statement that includes the anticipated residential density (when applicable), proposed total gross floor area, and the percentage of the development to be occupied by structures.
d.
Preliminary sketches of proposed structures and landscaping.
e.
A schedule of development for each phase or unit, if the development is to be constructed in phases or units.
f.
Evidence that the applicant has sufficient control over the tract of land to effectuate the plan, including a statement of all ownership and beneficial interests in the parcel.
g.
A survey of the impact of the Planned Development District on traffic circulation and number of trips in the vicinity of the proposed development.
h.
A statement showing the relationship of the Planned Development District to the Battlefield Comprehensive Plan.
i.
In Mixed-Use Planned Development Districts, a statement indicating the types of business and/or industries to be included in the development.
j.
If common open space, common recreational facilities or common public facilities are part of the proposed development, a statement describing the provisions for maintaining common facilities. If a non-governmental authority will be responsible for common areas, copies of that entity's proposed articles of incorporation or bylaws must be included.
k.
Statement of proposed restrictive covenants that are to be recorded with respect to property included in the Planned Development District. The proposed restrictive covenants shall include, at a minimum, the following provisions:
(1)
The developer shall remain responsible for all common areas until at least sixty percent (60%) of all lots are sold.
(2)
The developer may transfer interest in and to the common areas of the planned development after at least sixty percent (60%) of the lots are sold, but said developer shall remain responsible for the common areas until all lots in the development are sold, should the homeowners' association fail to do so.
(3)
There shall be established a homeowners' association which shall be responsible for the common areas of the planned development.
(4)
The homeowners' association shall establish a board of directors and the board of directors shall have responsibility of collecting the assessment and maintaining the common areas.
(5)
Responsibility for the planned development's common areas shall include maintenance, repairs, regular mowing, cleanup and any other action necessary to maintain and keep in proper condition all common areas in the development.
(6)
The homeowners' association shall be required to establish an annual assessment for each lot, which assessment shall be a lien on each lot owner's property and which accumulatively shall be in sufficient amounts to pay for the costs of all maintenance of the common areas.
(7)
The City shall have the right, but not the duty, to enforce maintenance of the common areas.
(8)
Any proposed dissolution of the homeowners' association shall be subject to the approval of the City and shall include a proposal for continued maintenance of the common areas.
G.
Actions Of The Planning And Zoning Commission.
1.
The Commission shall hold a public hearing on the preliminary development plan in accordance with the provisions of Article III within sixty (60) days after the preliminary development plan application has been filed with the City Clerk.
2.
The Commission shall determine its findings regarding the compliance of the preliminary development plan with the standards in Section 400.400(C) and (D) and transmit those findings to the Board of Aldermen and the applicant within thirty (30) days of the public hearing of the preliminary development plan.
3.
The Commission shall also submit its recommendations regarding approval, disapproval, approval with amendments, conditions or restrictions of the preliminary development plan to the Board of Aldermen at the same time that it submits its findings concerning compliance with Section 400.400(C) and (D).
H.
Actions Of The Board Of Aldermen.
1.
The Board of Aldermen shall hold a public hearing and approve or disapprove the preliminary development plan within thirty (30) days after it received the findings and recommendations of the Commission concerning the preliminary development plan.
2.
If the preliminary development plan is disapproved, the City shall provide the applicant with a written statement of the reasons for disapproval of the plan.
3.
The Board of Aldermen may alter the preliminary development plan and impose such restrictions and conditions on the planned development as it may deem necessary to ensure that the development will be in harmony with the general purpose and intent of this Chapter and with the Battlefield Comprehensive Plan.
4.
When the Board of Aldermen alters the preliminary development plan or imposes any restrictions or conditions on such plan, the applicant shall have fifteen (15) days within which to file an acceptance of such alteration, restriction or condition with the Board of Aldermen.
5.
When an acceptance is required by this Section, no ordinance approving a preliminary development plan and establishing a Planned Development District shall be adopted until such acceptance had been filed with the Commission.
I.
Approval Of Planned Development District.
1.
A Planned Development District shall be considered an amendment to the zoning regulations. Any ordinance approving the planned development shall specify the zoning regulations and restrictions that will apply to the Planned Development District pursuant to the preliminary development plan and shall set such boundaries on a map that is incorporated and published as a part of such ordinance, with the designation "RPD" for Residential Planned Development Districts and "MPD" for Mixed-Use Planned Development Districts.
2.
Any such ordinance shall also specify the conditions and restrictions that have been imposed by the Board of Aldermen on the planned development and the extent to which the otherwise applicable district regulations have been varied or modified. When the Commission has designated divisible geographic sections of the development that may be developed as a unit, the ordinance shall authorize the Commission to modify the schedule of development to the extent set out in Section 400.400(C)(2).
3.
When the preliminary development plan is approved and the applicant has accepted any restrictions, conditions or alterations to the plan, the Board of Aldermen shall specify the zoning regulations and restrictions that apply in the planned development district, pursuant to the preliminary development plan, or set such boundaries out on a map that is incorporated as a part of such ordinance.
4.
The City Clerk shall transmit a copy of the ordinance approving and adopting the Planned Development District to the applicant. The Planned Development District will also be noted on the Official Zoning Map maintained at Battlefield City Hall.
5.
Preliminary approval of a development plan shall not qualify as a final plat of the planned development for recording.
6.
A preliminary development plan which has been approved, or approved with modifications which have been accepted by the applicant, shall not be modified, revoked or otherwise impaired, pending the application for approval of a final development plan or plans, by any action of the City without the consent of the applicant. However, such a plan may be modified if the applicant fails to meet time schedules for filing a final development plan, fails to proceed with development in accordance with the plans as approved, or fails to comply with any condition of this Section or any approval granted pursuant to it in any other manner.
7.
If no time is specified in the ordinance approving the preliminary development plan, then an application for approval of a final development plan or of each of its phases shall be filed within one (1) year.
8.
The preliminary development plan may be revoked if the applicant, after the approval of the preliminary development plan but before the approval of the final development plan:
9.
Any portion or total of the planned development not given final approval shall be subject to all provisions of the zoning regulations as amended and any other ordinance as amended that was applicable prior to the approval of the preliminary plan. The Board of Aldermen shall adopt an ordinance repealing the Planned Development District for that portion not given final approval and reestablishing the zoning and other ordinances applicable to the land immediately prior to the Planned Development District. Any such revocation shall be noted on the Official Zoning Map.
J.
Final Development Plan — All Planned Development Districts.
1.
An application for the approval of a final development plan must be filed for all the land in the planned development or one (1) of its phases. Such application shall be filed by the applicant with the City Clerk and shall be in substantial compliance with the preliminary development plan as approved. The final development plan application shall be filed at least fifteen (15) working days prior to the Commission meeting at which the development plan will be considered. The applicant shall not submit a final development plan for approval until the preliminary plat for the development has been approved by the Board of Aldermen. The applicant shall also submit a final plat, if applicable, in conformance with the requirements of the Battlefield Subdivision Regulations[1] concurrent with the final development plan. Substantial compliance of the final development plan with the preliminary development plan shall mean that the final plan does not:
a.
Vary the proposed gross residential density or intensity of use by more than five percent (5%).
b.
Increase the floor area of non-residential uses by more than five percent (5%).
c.
Increase the total ground area covered by buildings more than five percent (5%).
d.
Involve a reduction of the area set aside for common open space.
2.
The application for approval of a final development plan shall include:
b.
Preliminary building plans, including floor plans and exterior elevations.
d.
Copies of any easements and restrictive covenants.
e.
Proof of the establishment and activation of any entity that is to be responsible for the management and maintenance of any common open space or facilities.
f.
Evidence that no lots, parcels or tracts or dwelling units in such development have been conveyed or leased prior to the recording of any restrictive covenants applicable to such planned development.
3.
The applicant may elect to apply for the final approval of a portion or unit of a phased development, provided that the applicant is in accordance with the schedule approved in the preliminary plan and the time limits in the ordinance adopting the preliminary development plan.
4.
Although no public hearing is required on a final development plan that is in substantial compliance with the preliminary development plan as approved, the applicant shall have the burden to show the Commission good cause for any variation between the preliminary and final development plans.
5.
The Commission shall grant the final development plan approval within fifteen (15) days of the Commission meeting at which the final development plan is considered, if the following conditions are met:
6.
In the interest of the public's safety, health and welfare, the Commission may, after a meeting with the applicant, refuse a final development plan that has variations from the preliminary plan but still is in substantial compliance with the preliminary plan.
a.
The Commission must take such action within twenty-one (21) working days from the filing of the application for final approval and advise the applicant in writing the reasons of such refusal.
b.
The applicant shall have the opportunity to reapply for approval of the final development plan with a reverted version that does not include the objectionable variations from the preliminary plan.
c.
If the Commission informs the applicant of the refusal after the time limit for reapplication has expired, the applicant may have sixty (60) additional days to file the final development plan without the objectionable variations.
d.
If the applicant fails to file within this time period, it will be presumed that the applicant has refused to accept the requirements set forth by the Commission and final approval is deemed to be denied.
7.
Should the final development plan not be in substantial compliance with the preliminary development plan as approved, the Commission shall notify the applicant in writing of this fact within ten (10) working days of the date the decision was made, specifying the reasons why the final development plan is not in substantial compliance with the preliminary development plan.
a.
The applicant may make the changes required by the Commission to bring the final development plan into compliance or the applicant may request that the Commission hold a public hearing on the application for final approval.
c.
Within thirty (30) days of the conclusion of the public hearing, the Commission shall by resolution either grant or deny approval of the final development plan.
d.
The grant or denial of approval of the final development plan shall follow the form and contain the findings of the preliminary development plan as set out in Section 400.400(H) of this Chapter.
(1)
The applicant must take either alternative action within the time period specified for final approval. In the event that the Commission informs the applicant of the matter when the time to request for final approval has expired, the applicant shall have sixty (60) additional days to apply for final approval.
(2)
If the applicant takes no action, it will be presumed that the applicant has abandoned the plan.
8.
A final development plan or any unit thereof that has been approved by the Planning and Zoning Commission shall be so certified by the City Clerk and shall be filed in the office of the City Hall and shall be recorded by the Greene County Recorder of Deeds. No final development plan shall be recorded nor shall any lot be sold or transferred until all public improvements have been installed in accordance with the final development plan and final plat, if applicable. In the event the Commission fails to act, either by grant or by denial of final approval within the prescribed time, the final plan shall be deemed to be approved.
9.
Pending the completion of the planned development within a reasonable time, any approved final development plan, as approved, shall be immune to modification except with the consent of the applicant.
10.
If a final development plan or one (1) of its phases is approved and the applicant abandons part or all of the development plan and notifies the City in writing or fails to complete the planned development or one (1) of its phases within a reasonable period of time after final approval has been granted, then no further development shall take place on the property until that property has been reclassified by enactment of an amendment to this Chapter as prescribed in Article III.
K.
Amendments To Planned Development District. A Planned Development District ordinance or an approved preliminary or final development plan may be amended by the Board of Aldermen, but only after a finding of fact and recommendations have been prepared by the Commission and transmitted to the Board of Aldermen in the manner required by Article III. Both the Commission and the Board of Aldermen shall hold public hearings on any such amendment before taking action on the amendment in accordance with the provisions of Article III.