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Bell City Zoning Code

CHAPTER 17

48 PLANNED DEVELOPMENT OVERLAY ZONE

§ 17.48.010 Created.

There is created, as an overlay zone, the planned development overlay zone (hereafter "overlay zone"). Properties shall be classified in the overlay zone in the same manner as property is reclassified from one zone classification to another in the manner set forth in Chapter 17.64 of this code. When property has been classified in an overlay zone, it shall be designated upon the official zoning map of the city adopted pursuant to Section 17.12.020 of this code, by adding thereto the parenthetically enclosed letters "PD" after the zoning symbol which indicates the zone in which the property to which it relates is classified pursuant to this code.
(Ord. 986)

§ 17.48.020 Limitation on applicability of overlay zone.

The overlay zone as created by this chapter shall be applied only to properties which are classified in zones R-3, C-3, C3-R, T, CM or M zones.
(Ord. 986)

§ 17.48.030 Purpose.

The purpose of the adoption of the provisions of this chapter is to provide, as to properties, which are classified in the overlay zone:
A. 
A reasonably flexible development vehicle which will provide for development of the properties to which it is applied, in a manner consistent with the city's general plan and the provisions of this title; and
B. 
A mechanism to ensure the maintenance of desirable environmental features after development of such property; and
C. 
For the utilization of innovative land planning devices and building design in order to achieve high quality for commercial and industrial projects.
(Ord. 986)

§ 17.48.040 Permitted uses.

Uses which shall be permitted on any property which is classified in the overlay zone shall be limited to those principal and accessory uses which are allowed pursuant to the underlying zone classification of property.
(Ord. 986)

§ 17.48.050 Compliance with chapter required.

No person shall construct or maintain any building, structure or use on any lot which is included within the overlay zone unless such building, structure or use is allowed pursuant to the underlying zone classification of such lot. Further, no person shall construct or maintain any building, structure or use on any lot included within the overlay zone until a development plan therefor has been approved pursuant to the provisions of this chapter.
(Ord. 986)

§ 17.48.060 Development plan required.

No permit or other entitlement shall be issued to allow the construction, reconstruction or relocation on any lot within the city, of any building or structure, nor shall any use be commenced or permitted on any lot within the city which is included within the overlay zone unless a precise plan of development therefor ("plan") has been approved in the time and manner set forth in this chapter.
(Ord. 986)

§ 17.48.070 Plan application-Fee.

The director shall make available to all persons requesting the same, appropriate application forms for plan approval. No such application shall be accepted for filing unless the same is accompanied by a filing and processing fee in the amount set by the city council.
(Ord. 986; Ord. 1214 § 3, 2016)

§ 17.48.080 Plan application-Processing.

A. 
Applications for plan approval shall be submitted to the director, who shall place the application on the planning commission's next most convenient agenda for its review. At the time of the hearing on the application, the planning commission shall conduct a public hearing noticed in the time and manner prescribed in Chapter 17.104 of this code to determine whether the plan should be approved, conditionally approved, or denied.
B. 
At the time of the public hearing on the application submitted pursuant to this chapter, the planning commission shall approve a plan if it finds that the plan as submitted:
1. 
Is in compliance with the provisions of this chapter; and
2. 
Is consistent with the purpose and intent of this title and the city's subdivision regulations; and
3. 
Is consistent with the general plan and any applicable specific plan; and
4. 
Is compatible with present and future development of property within the immediate vicinity thereof; and
5. 
Is consistent with and will further the general peace, health, safety and general welfare of the city and its residents.
C. 
The planning commission may condition its approval of any such plan as it reasonably determines to be necessary to ensure that the plan as approved will meet the purpose and intent of the provisions of this chapter.
D. 
The planning commission's decision shall be by resolution, adopted by not less than a majority of its voting members. As soon as practically possible following the adoption of the resolution by the commission, the secretary shall forward a copy thereof, by United States mail, postage prepaid, addressed to the applicant and any other person requesting the same, at his or her last known address.
E. 
Appeal. Any determination made by the planning commission pursuant to this section shall be final and conclusive unless an appeal of the planning commission's determination is filed as set forth in Chapter 2.100 of Title 2 of this code. On any such appeal, the city council shall have the same authority provided in subsection C above.
(Ord. 986; Ord. 1214 § 4, 2016)

§ 17.48.090 Exception from application of development standards when.

The provisions of this title shall apply to the development of all lots which are classified in the overlay zone, except where a plan, as approved, makes such development standards inapplicable to such uses. Notwithstanding any other provisions of this chapter, no use shall be permitted pursuant to an approved plan which is not a use permitted by the underlying zone classification of the lot or lots to which the plan relates.
(Ord. 986)

§ 17.48.100 Effect of plan approval.

No person shall construct or maintain a building or structure or commence or maintain a use of a lot which is subject to an approved plan except in accordance with such plan.
(Ord. 986)

§ 17.48.110 Duration of plan.

A plan which is approved pursuant to the provisions of this chapter shall be in full force and effect for a period of 12 months from and after the date of its approval by the planning commission or by the city council on appeal. Within such period of time, the development allowed pursuant to such plan shall be commenced in accordance with the plan or the plan shall be deemed to have expired at the end of such period of time. The director, for good cause, may extend the period of time pursuant to this section for a reasonable period of time not to exceed an additional six-month period. The development under a plan shall be deemed "commenced" within the meaning of this section, if the permittee has been issued a valid building permit or other entitlement which allows the construction of a building or a structure as permitted under the plan. If such a building permit or other entitlement expires pursuant to applicable laws, the approved plan shall also be deemed to have expired.
(Ord. 986; Ord. 1214 § 5, 2016)

§ 17.48.120 Modification of plan.

A plan approved pursuant to the provisions of this chapter may be modified by the planning commission, upon a showing of good cause therefor. Modification proceedings can be commenced either by the permittee or by the director. No modification shall be granted unless and until the planning commission conducts a public hearing noticed in the time and manner required for the initial plan approval process and finds, based upon the evidence presented, that good cause exists for the proposed modification.
(Ord. 986; Ord. 1214 § 6, 2016)