Dalworthington Gardens
City Zoning Code
City Zoning Code
Division 7
Overlay District Regulations
§ 14.02.271 “PD” eligibility criteria.
The council may approve, from time to time, the development and use of land pursuant to a planned development process, by approving the superimposing ("overlay") of conditions or standards on certain of the zoning districts. No such development and use, however, shall be approved except in accordance with the development plan adopted by the city pursuant to the procedures established in this division. For a development to be eligible for submission to the planned development process, the following criteria must exist:
(1)
The minimum area requirements, as herein provided, must be met.
(2)
The planned development shall be of such design that the resulting development will achieve the purposes of zoning in a manner superior to the conventional development of the same property under base district regulations.
(3)
The development shall efficiently utilize the available land and shall protect and preserve all scenic assets and natural features, such as trees and topographic features, to the greatest extent possible consistent with reasonable development of the land.
(4)
The planned development shall be located in an area where transportation, public safety, public facilities and utilities are or will be available and adequate for the proposed uses of the development.
(2005 Code, sec. 17.7.01; Ordinance 2024-08 adopted 11/21/2024)
§ 14.02.272 Planned development administration.
(a)
Application.
Application for submission of land to the planned development process shall be made in the same manner as any other application for a change in zoning classification. The application may seek a PD designation on land without a change in the base district classification; or, the application may seek a PD designation on land concurrently with a change in the base district classification. The application shall be made to the zoning administrator and shall be accompanied by the fees prescribed therefor in the fee schedule in appendix A of this code.
(b)
Approval procedure.
A PD application shall be processed in the following sequence:
(1)
The applicant shall submit the application with the concept plan.
(2)
The zoning administrator and other relevant city staff persons shall review the application and the concept plan, may conduct a pre-hearing conference thereon (one or more, as the zoning administrator may require) with the applicant, and may require data from the applicant supplementing the concept plan.
(3)
The zoning administrator shall prepare a staff report to the commission on the application reviewing the conformance of the concept plan and the proposed development with the standards, spirit, and intent of this article.
(4)
The commission shall conduct a public hearing on the application in the same manner as any other request for zoning change, and shall make its recommendation to the council as required by law.
(5)
After receiving a report of the commission's recommendation on the application, the city council shall hold a public hearing to consider the approval of the concept plan. The city council may approve, approve with conditions or modifications, or deny the concept plan.
(6)
After city council approval of the concept plan, the applicant shall submit a final development plan that is in substantial conformance with the concept plan for commission and council approval thereof as a prerequisite to any development of the property.
(7)
The zoning map shall be amended so that the base district designation of the property shall bear a suffix of PD, PD-BR, or PD-R only after city council approval of the application, concept plan, and final development plan.
(c)
Concept plan.
The concept plan shall include a site plan drawing, prepared to a scale of not less than one inch equaling one hundred feet (1:100), depicting at least the following:
(1)
The dimensioned boundaries of the property, the location and widths of streets and highways adjacent to and on the property, and any other easements thereon or adjacent thereto;
(2)
The topography of the property showing elevations at 5-foot intervals;
(3)
The general location and description of existing utility services, including size of water and sewer mains;
(4)
Existing improvements proposed to be retained when the property is developed;
(5)
Undimensioned location and approximate size of proposed buildings;
(6)
Undimensioned proposed locations of parking and points of access;
(7)
All proposed uses and their approximate locations on the site;
(8)
Identifiable watercourses and low areas;
(9)
Proposed maximum height of buildings;
(10)
Proposed landscaped areas;
(11)
Height and elevation of all buildings.
(d)
Final plan.
The final plan for PD development shall comply with the following standards:
(1)
The final plan shall clearly indicate all significant features of the proposed development, on an accurate scaled drawing, to include:
(A)
A location map showing the location of the site in reference to existing streets.
(B)
The boundaries of the area included in the plan, surveyed by a competent licensed surveyor, showing the total gross acreage of the plan.
(C)
All recorded or physically existing public and private rights-of-way and easement lines located on or adjacent to the plan area.
(D)
The approximate proposed final topography of the plan area, major watercourses and 100-year floodplains.
(E)
The proposed land uses and the approximate location of proposed buildings and other structures on the plan area site and structures and existing uses adjacent to the site.
(F)
The character and approximate density of all proposed uses in the plan area.
(G)
The approximate location and dimensions of all parking areas, malls, waterbodies, open areas and recreational areas.
(H)
All proposed streets, alleys, ways, including walkways, dedicated to public use, and the location and size of all utilities.
(I)
The maximum percentage of site coverage.
(J)
All areas reserved for common ownership with an indication of the properties.
(K)
The location and type of walls, fences, screen planting, and landscaping.
(L)
A plan, including elevation drawings, showing location, size, height, orientation, and design of all signs.
(M)
In multifamily and commercial sections of the plan, the location of each outside facility for solid waste disposal.
(N)
Development schedule, indicating the following:
(i)
The estimated date when development construction in the plan area shall commence;
(ii)
The stages, if any, in which the development plan area will be developed and the estimated date development of each stage will commence;
(iii)
The estimated date of completion of each stage in the development;
(iv)
The area and location of common open space that will be developed at each stage; and
(v)
The area and location of nonresidential uses that will be developed at each stage.
(2)
The city council may, at the request of the applicant, limit the proposed PD uses to less than all of the uses otherwise permitted by the base district regulations. Such limitation of uses shall be recited in the approved final plan and placed of record as herein provided.
(3)
A preliminary drainage study, as outlined in article 10.02 of this code shall be submitted concurrently with any final plan.
(4)
The final plan shall clearly indicate that the proposed development will be in completed in accordance with the provisions of the applicable plan approval district zoning.
(5)
Upon receipt of the approved final plan reflecting all stipulations approved by the city council, the zoning administrator shall record an official copy thereof.
(6)
All final plans recorded hereunder shall run with the land and be binding upon the applicant thereof, their successors and assigns, and shall limit and control the issuance of all building permits within the plan area.
(e)
Development implementation.
(1)
Except as provided in subsection (2) below, no building permit or certificate of occupancy shall be issued for any building or use within a PD, PD-BR, or PD-R district unless: a final plan and plat have been approved and the proposed building or use complies with such final plan and plat.
(2)
A property may only develop in accordance with the base district regulations without final plan and plat approval.
(f)
Plan amendments.
(1)
No material change shall be made to an approved final plan unless the same shall have first been approved as described in subsection (3) below.
(2)
A change in an approved final plan may be initiated by the zoning administrator if the same is not a material change. A change is not a material change if it will not result in any of the following:
(A)
A change in the character of the development;
(B)
An increase in the ratio of the gross floor areas in structures to the area of any lot;
(C)
An increase in the intensity of use;
(D)
A reduction in the approved separations between buildings;
(E)
An increase in the problems of circulation, safety, and utilities;
(F)
An increase in the external effects of the development on adjacent property;
(G)
A reduction in the approved setbacks from property lines;
(H)
An increase in lot coverage by structures;
(I)
A reduction in the ratio of off-street parking and loading space to gross floor area in structures;
(J)
A change in the subject, size, lighting, or orientation of approved signs; or
(K)
A change in the location or character of approved landscape features.
(3)
Any proposed plan amendments shall be submitted by the applicant to the zoning administrator. Upon receipt of such a proposed plan revision, copies of the proposed revised plan shall be submitted to the council for its review and determination as to whether the proposed revision constitutes such a significant change in land use or structures that a public hearing should be called regarding said revision. If, in the council's determination, the proposed revised plan does not constitute a significant change, no public hearing shall be called and the revision shall be deemed approved. If such revision is determined by the council to be a significant change, a public hearing shall be scheduled regarding such revision, proper notice shall be given, and thereafter the proposed revision shall be considered by the council for approval or denial; provided, however, the council in its sole discretion may direct any development plan revision to the commission for its review and recommendation and, in such event, said revision shall follow the procedures set out in division 13 of this article herein regarding amendments. No proposed revision shall be effective until the same is approved by the council.
(g)
Plan expiration.
If development of property pursuant to a final plan has not commenced within two (2) years of the date of a plan approval, the plan shall be deemed to have expired, and a review and reapproval of the plan by the council shall be required before any building permit may be issued for development pursuant to the plan. Any review and reapproval shall be made in the context of conditions existing, as to the property, at the time of such review.
(2005 Code, sec. 17.7.02; Ordinance 2024-08 adopted 11/21/2024)
§ 14.02.273 “PD” planned development district.
(a)
Use regulations.
A building or premises in this zoning district shall be used only for the purposes permitted in the base district or districts or which the PD designation has been overlaid by an approved final plan. When made a part of the PD application and after notice and hearing as provided for the “PD” process, the city council may approve a use which would otherwise be a special exception in the base district as if it were a permitted use as a matter of right and without the necessity of a separate special exception application and proceeding.
(b)
Height regulations.
The maximum height requirement for permissible uses in this district shall conform to the maximum height requirements which would be applicable to such uses if the same were situated in the most restrictive base district in which such uses are permitted.
(d)
Density and coverage regulations.
(1)
Density of development and maximum site coverage shall be established on the approved final plan with due regard to site and general area characteristics including land use, zoning, topography, thoroughfares and open space opportunity. In no case, however, shall maximum density and site coverage exceed the maximum percentages prescribed therefor in the applicable base district regulations.
(2)
When common open space is provided for recreational purposes, the developer may propose that the percentage of the gross site area in common open space be added to the maximum site coverage percentages referred to in subsection (1) above. In no case, however, shall the additional percentage points added to the maximum site coverage regulations total more than the total percentage of the site in common open space. Such proposal shall be evaluated as part of the plan.
(e)
Open space regulations.
Provisions for public, private and common open space shall be evaluated with due regard to density, site coverage, and physical characteristics of the site and, if deemed necessary, required as part of the plan. When common open space, common recreational areas or common area containing some other amenity to the development are approved as a part of a final plan, such areas shall be retained and owned by the owner or owners of the residential units contained within the development or an owners’ association of which they are members, and shall be perpetually maintained by the owner or owners or the association as a part of the development for the use and benefit of the residents of the development.
(f)
Setback regulations.
Minimum setbacks shall be approved as a part of the final plan; provided however, that the minimum setbacks on the boundaries of a PD district shall not be less than the requirements of the least intensive zoning district in which the use is permitted.
(g)
Off-street parking regulations.
(h)
“PD-R” planned development-redevelopment district.
(1)
Development regulations.
The regulations of this district as to use, height, density, coverage, open space, setback and parking, shall be the same as provided in section 14.02.273 hereof.
(2)
Area regulations.
The minimum gross land area which may be developed in this district is two (2) acres.
(3)
Development standards and procedures.
The standards and procedures for development in this district shall be as provided in this division for PD district development, but shall include also the following:
(A)
In any PD-R district where substandard streets or utilities are in existence, the property owner or developer shall install, rebuild, or improve all necessary streets and utilities at his sole expense, including off-site streets and utilities which are determined by the council to be necessary to serve the redevelopment, subject to the standard cost-sharing policies and ordinances which determine the development costs which the city may pay, and subject to any agreements for cost sharing which are mutually agreed upon by the property owner and the city. The city’s participation in redevelopment shall in every instance be conditioned upon the determination by the council, in its sole discretion, of the availability of public funds therefor at the time of such development.
(B)
Installation, rebuilding, or improvement of necessary streets and utilities shall be required when new buildings are constructed within the PD-R district.
(C)
Uses conducted in existing buildings shall not require the construction of streets and utilities unless: additional construction, such as additional paved parking, must be done on the site; a change or expansion in use would require increased utility service; or, the council finds that such construction is necessary at the time the PD-R plan is approved.
(2005 Code, sec. 17.7.03; Ordinance 2024-08 adopted 11/21/2024)
§ 14.02.274 “MU” mixed use overlay.
(a)
Purpose.
The purpose of the mixed-use zoning overlay district is to allow higher density, mixed use, pedestrian-oriented development.
(b)
Intent.
The mixed use overlay district is required as the traditional zoning districts (SF, GH, B1, B2, B3, PD) are not sophisticated enough to address the complicated growth and development requirements. The intent of the mixed use overlay district is to promote pedestrian oriented urban form (sustainability and health). The overlay district encourages architectural diversity, creativity and exceptional design. Furthermore, the purpose is to create memorable and outdoor gathering spaces.
(c) Bed and breakfast. Boutique hotel. Civic/open space. Commercial or mixed-use building. Commercial ready. Cottage industrial. Encroachment. Farmer’s market. Hotel. Live-work dwelling. Vertical mixed-use. Veterinary.
Definition.
Mixed-use development is characterized as pedestrian-friendly development that blends two or more residential, commercial, cultural, and/or institutional.
A lodging use that has no more than five guest rooms; provides accommodations for periods not to exceed five nights; and meals are provided.
A lodging facility with 30 or fewer guest rooms that are rented to occupants on a daily basis for not more than 14 consecutive days; provides food that is prepared on-site; and more than 50 percent of the guest rooms are internal-entry.
Publicly accessible open space in the form of parks, courtyards, forecourts, plazas, greens, playgrounds, squares, etc. Civic/open space may be privately or publicly owned and maintained.
A building in which at least the ground floor of the building is built for commercial use and any of the floors above the ground floor are built to commercial ready standards and occupied by nonresidential or residential uses.
Space constructed above the ground floor height as established in character district which may be used for noncommercial uses and can be converted into retail/commercial use. Prior to the issuance of certificate of occupancy for a retail/commercial use in a commercial ready space, the space must comply with all building and construction codes for that use. The intent of commercial ready space is to provide the flexibility of occupying space in accordance with market demand and allowing the use in such space to change to retail/commercial uses accordingly.
Small scale and individualized (i.e. not mass produced) assembly and light manufacturing/fabrication of commodities fully enclosed within a building (building must be less than 20,000 square feet). This category shall include workshops and studios for cottage industries such as pottery, glass-blowing, metal working and fabrication, screen printing, weaving, etc.
Any structural or nonstructural element such as a sign, awning, canopy, terrace, or balcony that breaks the plane of a vertical or horizontal regulatory limit, extending into a setback, into the public right-of-way, or above a height limit.
The retail sale of farm products by individual vendors for the primary purpose of selling fruits, vegetables, herbs, spices, edible seeds, nuts, live plants, flowers, and honey. Sale of new and used household goods, personal effects, small household appliances, and similar merchandise is not included in this definition.
Shall be defined as a building with habitable rooms or suites which are reserved for transient guests for compensation who rent the rooms or suites on a daily basis, and with controlled access to the rooms via a lobby or interior hallway. The establishment shall furnish customary hotel services such as linen, maid service, telephone, use and upkeep of furniture. It shall also include either a full-service restaurant with full kitchen facilities providing service to the general public; or a concessionaire of the management for room service delivery. The establishment shall be required to have on-site staff seven (7) days a week, twenty-four (24) hours per day.
A mixed-use building type with a dwelling unit that is also used for work purposes, provided that the ‘work’ component is located on the street level and (1) is constructed as separate units under a condominium regime or as a single unit. The ‘live’ component may be located above the ground floor. Live-work dwelling is distinguished from a home occupation otherwise defined by section 14.02.092 of the City of Dalworthington Gardens Zoning Regulations in that “work” component is not required to be incidental and secondary to the “live” component. Additionally, the “work” component may employ more than one (1) individual who is not an occupant of the “live” component.
Defined as combination of different uses in the same building. Generally, lower floors have more public uses with more private uses on the upper floors.
A doctor of veterinary medicine who holds a valid license to practice veterinary medicine in the state.
(d)
Mixed use application process.
The application procedure for the mixed-use development will be done in the same manner as planned development administration (section 14.02.272 of the code). However, in addition to the concept plan, the city may require traffic impact study or land use compatibility study.
Figure 1. Application Process  |
(e)
Traffic impact study.
A traffic impact study report should, at the minimum, address the following:
(1)
State the purpose and scope of the report and identify the study area of the project.
(2)
State all assumptions used in analysis and make reference to and/or include all supporting documents used to prepare the report.
(3)
Describe, in detail, proposed land use type(s) and size(s).
(4)
Identify number, location and type of proposed access drive(s) to the development site.
(5)
Evaluate intersection sightline distances from proposed driveways.
(6)
Provide a detailed summary of data collection efforts and results.
(7)
Estimate number of trips generated by the development site.
(8)
Identify most critical analysis period.
(9)
Determine anticipated directional distribution of site-generated traffic.
(10)
Intersection assignment of site traffic including through and turning movements.
(11)
Internal circulation of site traffic and parking
(12)
Need for turning lanes or bypass options at proposed driveway location(s)
(13)
Traffic control needs and warrants
(14)
Determine anticipated future non-site (background) traffic volumes.
(15)
Identify other “nearby approved” developments within the study area.
(16)
Evaluate “existing + site + nearby approved developments” traffic operating conditions to assess cumulative impact of traffic for pre-specified target year.
(17)
Recommend on-site and/or off-site road improvements for each traffic conditions separately (i.e. “existing,” “existing + site,” “existing + site + nearby approved developments,” and “future long-term”).
(18)
It is useful to address percent contribution to off-site road improvements by individual development sites (i.e. proposed and other nearby development site), based on number of new trips each and every one of these development sites generate and add to adjacent street network primarily during critical peak-hour.
(19)
Include findings and recommendations using nontechnical jargon to help planning and zoning commission with their decision making. A letter of opinion from a qualified professional is recommended.
(f)
Additional requirements for mixed use development.
(1)
Permitted uses.
To find the list of permitted uses, please see the matrix of permitted uses. Land uses not listed in the matrix but are substantially similar may be considered through the application process.
(2)
Parking facilities.
For off-street parking facility, the parking demand calculation can be done in the following manner:
(3)
Height.
The height of the building is restricted to 3 stories/floors or 40 feet (whichever is less).
(5)
Sidewalk.
A minimum of 12' sidewalk is required in the district with a minimum of 6' throughway zone.
Figure 3. Ideal Sidewalk Diagram (Source: ITE Manual)  |
(6)
Sign standards.
Directory, monumental and wall sign shall be allowed in the mixed use overlay district. The height of directory sign is be restricted to 15'. One monument sign per lot per lot street frontage limited to a maximum of 75 sq. ft. per sign face and 6 ft. in height. An applicant has the option to install unique sign including size, color, type, design, and location, subject to approval from the city staff.
(7)
Landscape requirements.
In addition to complying with the requirements of division 11 of this article, each lot in this district shall have not less than 20% landscaped open space.
(8)
Outdoor gathering spaces.
Open space regulations. Provisions for public, private and common open space shall be evaluated with due regard to density, site coverage, and physical characteristics of the site and, if deemed necessary, required as part of the plan. When common open space, common recreational areas or common area containing some other amenity to the development are approved as a part of a final plan, such areas shall be retained and owned by the owner or owners of the residential units contained within the development or an owners’ association of which they are members, and shall be perpetually maintained by the owner or owners or the association as a part of the development for the use and benefit of the residents of the development.
(9)
Building material.
To promote architectural diversity, city may consider less than 80% masonry, exceed the use of glass percent and allow use of more surface colors. However, all the designs and colors will require approval through the application process. The application will also be reviewed on the basis of harmony with the surrounding building types.
(10)
Design exception.
A design exception means a requested deviation from any building material, open gathering space standards, sign standards, matrix of permitted uses, or parking requirements. All requests for design exceptions shall go before the Dalworthington Gardens Planning and Zoning Commission for action and then to city council for final approval.
(g)
Matrix of permitted uses.
If a use is not listed on the land use matrix that use is considered a prohibited use within the City of Dalworthington Gardens Mixed Use Overlay District, unless the use is allowed by right or by specific use permit under the regulations applicable to the underlying or base zoning district.
Uses requiring a specific use permit “S” in a cell indicates that the use is allowed only if issued a specific use permit, in accordance with the procedures of section 14.02.325, specific use permits. Uses requiring a specific use permit are subject to all other applicable regulations of this code, including the supplemental use standards in this article and the requirements of this article.
P = Permitted use |
S = Specific use permit use |
Animal grooming | P |
Artist work or sales space | P |
Bed and breakfast | P |
Boutique hotel | P |
Brewpub | S |
Building materials sales, no lumber yard | S |
Carpentry or sign fabrication (no outdoor storage) | S |
Cleaning and pressing shop (small shop and pickup) (no drive-through or drive-up service) | S |
Cleaning and pressing shop (small shop and pickup) (with drive-through or drive-up service) | S |
Cottage industrial | S |
Dwelling units located above the ground floor | S |
Farm implement or machinery sales, service, repair or storage | S |
Farmers market | S |
Fitness club, gymnasium, gymnastics, or similar use | P |
Food and beverage retail sales | P |
Garden home | S |
Greenhouse or plant nursery | S |
Hotel, full service | S |
Live-work dwelling | P |
Museum, art gallery (public) | S |
Office and medical office use | S |
Office/retail/warehouse flex space | S |
Pet store, kennel, animal boarding (no outside runs) | S |
Private club | S |
Repair service, consumer, including bicycles | P |
Restaurant or cafeteria (carry-out only) (no drive-through window or drive-in service) | P |
Restaurant or cafeteria (indoor service) (no drive-through window or drive-in service) | P |
Restaurant or cafeteria (with drive-through window or drive-in service) | S |
Retail store (no drive-through service) | P |
Retail store (with drive-through service) | S |
Studios, photo, music, art, dance, dojo, health, etc. | P |
Tavern | S |
Upholstery shop | P |
Veterinarian (no outside runs) | P |
Veterinarian (with outside runs) | S |
Winery | S |
(h)
Contradictions.
Where contradictions exist between the mixed use (MU) zoning overlay district and other zoning districts, requirements outlined in the MU zoning overlay district shall take precedence.
(Ordinance 2018-13 adopted 9/20/18; Ordinance 2018-20 adopted 11/15/18; Ordinance 2018-13 adopted 9/20/18; Ordinance 2019-05, sec. 5, adopted 7/18/19)
§ 14.02.275 "Bowen Road" overlay district ("PD-BR").
(a)
Purpose. The purpose of the Bowen Road zoning overlay district is to allow additional uses by planned development in appropriate SF districts to create a mixed-use community that integrates predominantly agricultural and food service commercial businesses, with medium density residential uses, and open spaces. Appropriate areas would be adjacent to principal arterials to allow commercial uses compatible with nearby single-family residential to take advantage of large traffic volumes while helping maintain the vision and character of the city.
(b)
Use regulations. A building or premises in this zoning district shall only be used for the purposes permitted in the base district or overlaid by an approved final PD-BR plan from additional uses allowed in base districts residential district ("GH"), business districts 1, 2, and 3, ("B-1," "B-2," and "B-3," respectively). The mixed use overlay district, ("MU"); special exceptions, or an agricultural use without a principal structure. Any portion of the PD-BR adjacent to a street, other than a principal arterial, across which exists single-family ("SF") zoning, shall be restricted to SF zoning for 200 feet from the street's right-of-way line with no vehicular access to the principal arterial.
(c)
Height regulations. Structures, other than SF, shall not exceed two stories.
(d)
Applicability. All development, other than SF development, along Bowen Road between California Lane and Roosevelt shall be governed by this overlay district.
(f)
Density and coverage regulations.
(1)
Density of development and maximum site coverage shall be established on the approved final plan with due regard to site and general area characteristics including land use, zoning, topography, thoroughfares and open space opportunity. In no case, however, shall maximum density and site coverage exceed the maximum percentages prescribed in the applicable district regulations.
(2)
When common open space is provided for recreational purposes, the developer may propose that the percentage of the gross site area in common open space be added to the maximum site coverage percentages referred to in subsection (f)(1) above. In no case, however, shall the additional percentage points added to the maximum site coverage regulations total more than the total percentage of the site in common open space. Such proposal shall be evaluated as part of the plan.
(g)
Open space regulations. Provisions for public, private, and common open space shall be evaluated with due regard to density, site coverage, and physical characteristics of the site and, if deemed necessary, required as part of the plan. When common open space, common recreational areas, or common areas containing some other amenity to the development are approved as a part of a final plan, as defined in section 14.02.272, such areas shall be retained and owned by the owner or owners of the residential units contained within the development or an owners' association of which they are members, and shall be perpetually maintained by the owner or owners or the association as a part of the development for the use and benefit of the residents of the development. Garden home developments shall include a minimum of ten (10) percent open space, not including platted lots and streets.
(h)
Screening. An orderly transition from commercial uses to the large lot residential uses will incorporate suitable separation barriers with a preference to vegetated barriers in lieu of hardened barriers such as fences.
(i)
Setback regulations. Minimum setbacks shall be approved as a part of the development plan; provided however, that the minimum setbacks on the boundaries of a PD-BR district shall not be less than the requirements of the zoning district it abuts.
(j)
Off-street parking regulations.
(k)
"PD-BR" planned development-redevelopment district. The regulations of this district as to use, height, density, coverage, open space, setback and parking, shall be the same as provided in section 14.02.275 hereof.
(1)
Development standards and procedures.
The standards and procedures for development in this district shall be as provided in this division for PD district development, but shall include also the following:
(A)
In any PD-BR district where substandard streets or utilities are in existence, the property owner or developer shall install, rebuild, or improve all necessary streets and utilities at his sole expense, including off-site streets and utilities that are determined by the council to be necessary to serve the development, subject to the standard cost-sharing policies and ordinances that determine the development costs that the city may pay, and subject to any agreements for cost sharing that are mutually agreed upon by the property owner and the city. The city's participation in the development shall in every instance be conditioned upon the determination by the council, in its sole discretion, of the availability of public funds therefor at the time of such development.
(B)
Installation, rebuilding, or improvement of necessary streets and utilities shall be required when new buildings are constructed within the PD-BR district.
(C)
Uses conducted in existing buildings shall not require the construction of streets and utilities unless:
(Ordinance 2023-18 adopted 11/16/2023; Ordinance 2024-08 adopted 11/21/2024)