The purposes of the commercial planned development district are:

(a)

To encourage development of an overall design concept for commercial developments designed to be integrated into, and be compatible with surrounding environment;

(b)

To encourage development of an overall design concept for commercial developments to encourage an internal environment which will provide for the typical behaviors of the expected users;

(c)

To encourage development of an overall design concept for commercial development designed to integrate the proposal with the existing conditions to form a functioning overall environment.

With a CPD, commercial planned development district, no buildings nor premises shall be used and no buildings shall be erected which are arranged, intended, or designed to be used for other than a use permitted in the I-institutional, C-1, C-2, C-3, C-4, or C-5 commercial districts. The standards applicable in those districts shall not be applicable to uses permitted in the CPD, commercial planned district, except as they may be contained in the development plan as ultimately approved.

Planned or Regional Commercial Development Standards

In addition to those materials required by Chapter 3310, an application to establish a commercial planned development district shall include a development plan containing the following items:

A.

A vicinity map showing the dedicated streets, easements and lots, and showing the location of the perimeter boundaries of the land areas included in the application;

B.

A topographical survey of all land included in the application and such other land adjoining the subject property as may be reasonably required by the director showing five-foot contours or contours at an interval as may be required by the director to delineate the character of the land included in the application and the adjoining land;

C.

A boundary survey and boundary map with a point of reference to the intersection of two public rights-of-way;

D.

A report signed by the applicant describing the existing conditions in terms of the following categories and how an overall concept of the proposed development is integrated and designed to be compatible with the existing environment:

1.

Natural Environment. Topography, soils, wetland, drainage pattern, streams and vegetation,

2.

Existing Land Uses. Agricultural, residential, commercial, industrial and recreational,

3.

Transportation and Circulation Facilities. Streets, highways, pedestrian walkways, bicycle paths, transit stops and park and ride transit facilities,

4.

Visual Form of the Environment: Size, height, bulk, scale, density of the existing environment and the identity of the residential and nonresidential areas,

5.

View and Visibility. Visibility at intersections, access points, crosswalks, etc. and views along the streets,

6.

Proposed Development. Private and public, including structures and utilities,

7.

Behavior Patterns. The ways people typically use the existing environment for residential, working, shopping and recreation and how they commute between these various activities,

8.

Emissions. The levels of light, sounds, smells and dust.

In preparing this report, the applicant should discuss the design considerations contained in Section 3361.05 as they apply to this proposal. The report should include examples of these criteria depicted by such means as diagrams, sketches, photography, and like material supporting the proposals made in the text;

E.

A site plan that shall graphically demonstrate that the performance criteria in Section 3361.04, have or have not been treated or resolved and which may show as much of the following information as may be necessary to adequately describe the proposed development:

1.

Approximate location, size of structures, total square feet in buildings, height, and the use categories,

2.

Approximate size, location and use of other portions of the tract including landscaping, parking, loading, service, utilities, maintenance, various transportation terminals and other community facilities,

3.

The proposed vehicular and pedestrian circulation pattern, including access drives, parking arrangement, pedestrian walks, cycle paths, intersections, safety areas and related furnishings,

4.

Permanent signs larger than ten square feet, including but not limited to identification signs, ingress/egress signs and billboards,

5.

The approximate location and width of public and private utilities indicating the type, transformers, air conditioners, condenser ponds, retention basins, and other storm drainage facilities,

6.

The approximate schedule of construction of structures, utilities and associated facilities and those structures, facilities and utilities located off-site which relate to on-site development,

7.

Additional information may be included in the presentation and as such shall be included in the registered development plan.

(Ord. 2836-96 § 8; Ord. 1272-01 § 1 (part); Ord. No. 0455-2010, § 76, 4-5-2010)

The development plan for the commercial planned development district will be reviewed to determine whether the following performance criteria have been treated or resolved:

A.

Minimum front, side and rear yard requirements of 25 feet shall be provided unless otherwise specified and made a part of the rezoning ordinance;

B.

The height permitted in this district shall not exceed 35 feet unless otherwise specified and made a part of the rezoning ordinance;

C.

Provisions for off-street parking facilities shall be in compliance with C.C. Sections 3361.12 through 3361.14 unless otherwise specified and made a part of the Zoning Ordinance;

D.

A billboard shall be permitted only if integrated into the overall environment and architectural design of the commercial development. No billboard shall be erected or placed in this district unless specified in the development plan;

E.

Drainage and runoff shall not cause property damage. Any increase in the downtown flow shall be specified in the development plan, as well as how the increased flow will be controlled to avoid property damage;

F.

The location of access points shall maintain the function of adjacent thoroughfares by relating to existing access points on surrounding development, the street patterns, the thoroughfare plan, and the intensity of proposed activities;

G.

Development within this district shall promote the safety of motorists, bicyclists, and pedestrians by providing adequate visibility as approaching, and at intersections, access points, crosswalks, and parking areas;

H.

Development within this district shall provide safe, convenient and nonconflicting circulation systems for motorists, bicyclists and pedestrians;

I.

The use of graphics within this district shall be consistent and harmonious with the environment in which they must function. On-premises signs shall be incorporated into the overall environment of the development and shall be integrated into the architectural design of individual buildings relative to size, style, and location;

J.

Lighting at intersections, crosswalks, access points, and nighttime activity areas will promote the safety of motorists, pedestrians, and bicyclists;

K.

Development within this district shall maintain or improve the identity of existing neighborhoods and commercial centers;

L.

Development within this district shall be designed and sited to make as clear as possible without the use of graphics, where to enter, where to park, where to walk, where bicycles are allowed, and where children can play.

(Ord. 2836-96 § 9.)

Proposals for commercial planned development districts will be reviewed by taking into account all design considerations including the following:

(a)

Natural Environment.

(1)

How the proposed development will affect drainage and runoff, soil erosion, floodplains, natural vegetation, wildlife habitats, and streams and water bodies.

(b)

Activities.

(1)

How the proposed development will affect the distribution of commercial, residential, institutional, and recreational activities;

(2)

How the proposed development will meet the needs of the community for new activities or the distribution of particular activities.

(c)

Behavior Patterns.

(1)

How the proposed development will affect the ways people use the area;

(2)

How the proposed development will allow people to use the area in new ways.

(d)

Circulation.

(1)

How the circulation demand created by the proposed development will affect existing or planned circulation facilities;

(2)

How the proposed development will affect the function and safety of existing circulation facilities.

(e)

Form of the Environment.

(1)

How the proposed development will affect the size, scale, height, bulk, and density of the environment;

(2)

How the proposed development will affect the identity of existing and emerging neighborhoods and commercial centers;

(3)

How the proposed development will affect the clarity of the existing environment;

(4)

How the proposed development will affect the visibility and clarity of graphics and the relationship of graphics to activities and decision points.

(f)

Views and Visibility.

(1)

How the proposed development will affect the visibility and safety of the motorist, bicyclist, and pedestrian;

(2)

How the proposed development will affect the views from residential areas and from parks and open space.

(g)

Emission.

(1)

How the proposed development will affect the emission levels of light, sound, smell and dust.

A commercial planned development shall be in joint or common ownership or control at the time the application is made for a commercial planned development district. Any transfer of land within the development resulting in ownership within the development by two or more parties after an application has been filed shall not alter the applicability of the regulations contained herein.

A development plan registered hereunder shall be binding upon the applicant(s), their successors and assigns and shall limit and control the issuance or validity of all certificates of zoning clearance.

The front yard on any lot shall be as established by C.C. Sections 3361.04 or 3361.09, notwithstanding the provisions of Chapter 3303, Definitions.

No building or structure or portion of a building or structure other than an unenclosed balcony or unenclosed ground floor porch and steps from such porch to the ground shall be erected, constructed or extended between a building line and the street property line as established in C.C. Section 3361.10 hereinafter set forth.

For the purposes of C.C. Section 3361.10, the term "building line" shall mean "required building line" and both shall mean the minimum required building setback from any and all streets, corner lots included.

The term "frontage" as used in subsequent sections shall mean the area on the same side of a street between the two nearest intersecting streets on each side of subject property (alleys not included).

An unenclosed front porch or an unenclosed front balcony shall be a porch or balcony that is not enclosed in any way by glass, solid panels or any other material, with the exception of a balustrade or railing not to exceed three feet in height above the floor of such front porch or balcony.

Front porches or balconies may be enclosed by screens provided that: (1) the construction is such that the outside air is free to circulate throughout the porch at all times, (2) screen panels cannot be interchanged with glass or other type solid panels and (3) any additional structural members do not exceed two inches in depth by three inches in width.

In all planned or regional commercial districts, the building lines are established as follows:

_____

_____

Whenever only a portion of a recorded lot is proposed as a building site, or whenever two or more portions of two or more recorded lots are proposed to be combined to form a building site, or whenever two or more recorded lots or portions thereof are proposed to be combined to form a building site, the proposed building site as shown on the plot or site plan submitted shall be considered to be a newly created single lot, and such newly created lot shall not be reduced in size or divided or split if such reduction, division, or split will result in a lot or parcel which would fail to meet any of the requirements of the Zoning Code.

Repealed by Ordinance 18-85. See Chapter 3342.

Repealed by Ordinance 18-85. See Section 3342.28.

Repealed by Ordinance 18-85. See Section 3342.29.

Repealed by Ordinance 18-85. See Section 3342.08.

Article XI. Manufacturing use Districts