(a)   Purpose and Intent. The S-FP Flood Plain District is designed to meet the need of storm water channels to carry abnormal flows of water in time of high water and flooding, to prevent encroachments into the District which will unduly increase flood heights and damage, and to prevent the loss of life and excessive damage to property in the area of greatest flood hazard.

   (b)   Principal Permitted Uses. The following are the principal permitted uses in the S-FP Flood Plain District:

      (1)   Agriculture and farms;

      (2)   Forestry; and

      (3)   Wildlife preserves.

   (c)   Conditionally Permitted Uses. The following uses are conditionally permitted, following receipt of the Miami Conservancy District's recommendation and subject to the approval of the Board of Zoning Appeals and the subsequent issuance of a conditional use permit by the Code Enforcement Officer, which procedure is specified in Section 1266.01:

      (1)   Public and private parklands and recreation sites and open space;

      (2)   Open storage of floatable materials. Logs, tree stumps and branches, lumber, lumber products and other floatable material may be placed, displayed or stored in the open of flood plain land, where permitted by the State statutes, provided the area so used is enclosed by an open wire fence properly anchored to restrain such materials from floating downstream during times of high water.

      (3)   Quarries. Quarries are subject to the provisions in Section 1266.01(e).

      (4)   Sand and gavel pits. Sand and gravel pits are su bject to the provisions specified in Section 1266.01(e).

(Ord. 79-56. Passed 11-13-79.)

      (5)   Personal wireless service facilities.

(Ord. 97-5. Passed 3-11-97.)

   (d)   Prohibited Uses. The following are prohibited uses in the S-FP Flood Plain District:

      (1)   Residential dwellings;

      (2)   Commercial establishments;

      (3)   Industrial establishments;

      (4)   Sanitary landfill; and

      (5)   Dumping or filling.

   (e)   Preservation of Flood Plain. All buildings, other structures and fills of any kind of materials hereafter made, placed or erected on the flood plain shall be set back at least the distance required to preserve and maintain open and unobstructed the flood plain width as determined by the high water level of the regional flood.

(Ord. 79-56. Passed 11-13-79.)

   (a)   Purpose and Intent. The purpose of environmental quality regulations is to protect the quality of the urban environment in those locations where the characteristics of the environment are distinctive and valuable and are vulnerable to damage by development permitted under conventional zoning and building regulations. Environmental quality regulations are required to protect the public and the property owners in the District from:

      (1)   Blighting influences which might be allowed by existing conventional zoning regulations;

      (2)   Damage to areas of high public investment which have added value to the area;

      (3)   Unsafe buildings or unstable land which might be caused by uncontrolled development;

      (4)   Damage or destruction of properties in historic districts;

      (5)   Damage to the economic value and efficiency of operation of existing properties and/or new developments due to the interdependence of their visual and functional relationships;

      (6)   Soil erosion and stream siltation; and

      (7)   Destruction of valuable trees and other vegetation.

   The location of all Environmental Quality (EQ) Districts shall be shown on the Zoning Map of the City as ann overlay zone superimposed in specific areas over existing zones. Adoption of EQ Districts shall be by action of Council pursuant to the provisions of this section and other applicable law.

   (b)   Applicability.

      (1)   Except as otherwise provided herein and in other parts of this Zoning Code, all regulations of the underlying zone districts shall apply to and control property in an EQ District, provided, however, that in the case of conflict between the provisions of an underlying zoning district and an EQ District, the provisions of the EQ District shall prevail.

      (2)   Wherever applicable by the provisions of this chapter, the EQ District shall supersede the administrative procedures pertaining to the issuance of building permits within underlying zoning districts which require the authorization of the Code Enforcement Officer or other boards, as provided in the respective chapters of this Zoning Code.

   (c)   Establishment of EQ Districts.

      (1)   Council may, from time to time, upon recommendation by the Planning Commission, create EQ Districts upon a finding of the following:

         A.   That the area under consideration for an EQ District exhibits the definitional qualities as specified in Chapter 1270; and

         B.   An area under consideration for an EQ District contains the category qualification criteria as specified in the provisions of this section.

      (2)   The Planning Commission shall prepare, pursuant to this section, a Development Guidelines Report (DGR) for each EQ District established. The Development Guidelines Report shall be recommended to Council which shall adopt, revise or add to such guidelines and incorporate the same in the ordinance establishing any specific EQ District. The DGR shall describe in words and/or illustrations the special and distinctive environmental characteristics which are to be protected and the development features which will be reviewed for impact of a proposed development on the environment.

   (d)   Categories, Qualifications and Reasons for Protection.

      (1)   Environmental Quality Districts shall be classified by categories according to the provisions and qualifications as described herein, and each district type shall be shown on the Zoning Map of the City.

      (2)   Environmental Quality - High Public Investment (PI)-type shall be identified as EQ-PI Districts.

         A.   Rationale for establishment of EQ-PI Districts is the fact that the investment of substantial public funds, based on established public policies or improvements in certain instances, requires the protection of such investment over and above the protection provided by conventional building and zoning regulations for the following reasons:

            1.    To prevent the recurrence of blight;

            2.    To prevent diminution of the effectiveness and value of the public investments ;

            3.   To encourage coordinated development of parcels and structures in accordance with efficient building design, multipurpose uses of sites, unified off-street parking, trucking and service areas and internal pedestrian linkages;

            4.   To achieve development which is integrated both functionally and visually with the existing development which is to remain; and

            5.    To achieve the full benefit for the public and private owners of the public improvements in the areas.

         B.   EQ-PI Districts shall contain evidence of significant public investments which are made pursuant to a plan for renewal, revitalization or other substantial physical improvements, adopted or approved by Council. EQ-PI Districts shall contain three or more of the following public investment qualification characteristics:

            1.   A public park, plaza, square, fountain or statuary;

            2.   Land cleared of blighting structures by urban redevelopment;

            3.    Public automobile parking garages or surface lots and other similar public improvements;

            4.   Public pedestrian walkways;

            5.   Street tree plantings or other surface landscape treatment;

            6.   Private buildings erected on former redevelopment land in accordance with proper design approval;

            7.   Substantial public investment in comprehensive urban design planning for the purpose of guiding planned revitalization; and

            8.   Public and private investment in a community urban redevelopment corporation pursuant to a plan adopted by Council which includes the provision of planned revitalization activities in the proposed EQ-PI District. Such plan shall specifically define the boundaries of such redevelopment area.

   (e)   Development Permission; Exemptions. The following permits are subject to review by category.

      (1)   Building permits not exempted by paragraph (e)(2) hereof shall not be issued until development permission is granted according to the procedures specified in subsection (f) hereof.

      (2)   The following building permits are exempt from the provisions of this section:

         A.   All permits for plumbing, heating, air conditioning, elevators, fire alarms and extinguishing equipment and all other mechanical and electrical equipment not involving a change of use or occupancy;

         B.   Any permit necessary for compliance with retroactive provisions of the Building Code;

         C.   Any permit necessary for the immediate public health or safety;

         D.   Any permit necessary for compliance with a lawful order of the Code Enforcement Officer;

         E.   All permits for interior alterations and repairs;

         F.   All permits for exterior alterations and repairs not involving a change in use or occupancy and not increasing the floor area of a building or structure; and

         G.   Such other permits as may be exempt pursuant to the provisions of each specific EQ District ordinance.

      (3)   Permits subject to review will require the submission of an application for development permission and shall be classified for administrative review according to the following categories:

         A.   Category 1.

            1.   All permits for additions to buildings and structures;

            2.   All permits for replacement of existing signs and billboards which do not result in an increase in size;

            3.   All permits for construction of miscellaneous and accessory structures and buildings; and

            4.   All permits for exterior alterations and repairs involving a change in use or occupancy or an increase in the floor area of a building or structure.

         B.   Category 2.

            1.   All permits for new primary buildings or structures; and

            2.    All permits for new signs and billboards.

   (f)   Development Permission; Application. Submission requirements, review procedure, decisions, reconsideration and approval shall be as follows:

      (1)   Application for development permission in EQ Districts shall be made to the Code Enforcement Officer on such form or forms as may be provided by such office. The information required for submission shall be as follows:

         A.   The application for development permission for Category 1 permits shall include

            1.   Existing conditions report. Data, photographs and maps to show existing conditions and use of the property involved;

            2.   Physical improvements report. Written statement, drawings, renderings or elevations sufficient to show proposed construction, alterations, repairs or change in use; and

            3.   Supplemental information. Such supplemental information as may reasonably be required in order to assist in the EQ review process.

         B.   The application for development permission for Category 2 permits shall include

            1.   Existing conditions report. As required for paragraph (f)(1)A. hereof;

            2.   Development plan. Showing proposed development, including, where applicable, streets, drives, parking areas, walkways, heights of structures, location, elevation and setback of proposed buildings; drainage, grading and landscaping plans; proposed uses and square footage of uses; and recreational facilities;

            3.   Environmental assessment statement which:

               (A)   Describes the positive or negative impact of the proposed improvement, construction or development upon the applicable environmental features of the surrounding neighborhood. Environmental features for purposes of this statement include abutting land uses, traffic, noise, air, drainage (sewers) and visual quality.

               (B)   Demonstrates the compatibility of the proposed improvement, construction or development with the official Development Guidelines Report for the EQ District; and

            4.   Other information. Such other information as may reasonably be required in order to assist in the EQ review process.

      (2)   When it is found that an application for development permission meets the filing requirements of paragraph (f)(1) hereof and the rules and regulations of the Planning Commission, the application shall be subject to the following process:

         A.   The Code Enforcement Officer shall transmit the application to the Commission. The Commission shall, where necessary, meet with the applicant. On Category 2 permits, the authority shall secure, via written memorandum or conference, the comments and advice of the City's Department of Community and Economic Development on such application.

         B.   Within thirty days of the transmittal of the application for development permission to the Commission, the Code Enforcement Officer shall prepare a written advisory report, including all other written comments, recommending approval, approval with conditions or disapproval of such application.

      (3)   Decisions on applications for development permission shall be made by the Planning Commission. The procedure for decision and determination by the Commission shall be as follows:

         A.   Category 1 permits. The Commission, within seven days after receipt of the Code Enforcement Officer's report, shall make an administrative decision as follows: approval, approval with conditions or disapproval. Notification of such decision shall be made to the applicant. Such decisions shall be considered final unless a request for reconsideration is made in accordance with the provisions of Chapter 1268 or any other relevant provisions of these Codified Ordinances.

         B.   Category 2 permits. All Category 2 permit applications shall be processed by the Code Enforcement Officer in accordance with the procedures set forth in Chapter 1268 or any other relevant provisions of these Codified Ordinances, including the rights of appeal as provided therein.

   (g)   Modifications of Underlying District Regulations in EQ Districts.

      (1)   Regulations for land use, lot area, coverage, floor area, yard requirements, parking, building, height, fences and landscaping for property in an EQ District shall be determined by the underlying zoning and other applicable regulations. Such regulations, with the exception of land use and floor area limitations, may be modified as provided in paragraph (g)(2) hereof, in any EQ District, upon a finding by the Commission that the modifications will result in two or more of the following conditions:

         A.   Usable open space will be created for the public by the dedication of public areas or space.

         B.   The restoration of plant materials will be accomplished by the planting of trees, shrubs and ground covers.

         C.   Utility and other service distribution lines will be placed underground.

         D.   An improvement in public safety will result.

         E.   An improvement in energy conservation will result.

         F.   There will be a use of creative site planning and urban design in order to provide for efficient use of land and improved urban environment.

      (2)   Upon having made the findings set forth in paragraph (g)(1) hereof, the regulations set forth therein may be modified by the Commission up to the following limits:

         A.   The gross dwelling unit density and floor area limitations of any area proposed for development shall remain unchanged and conform to the basic overall density and floor area limitation requirements of the underlying zoning district. However, lot dimensions, building height, building setbacks and front, side and rear yard requirements may be modified to provide for a more functional desirable use of the property.

         B.   Height limitations may be removed, permitting high-rise construction, provided such additional stories to dwelling structures do not:

            1.   Increase gross dwelling unit densities or floor area ratios as set forth in the approved development plan;

            2.   Fail to result in appropriate reduction in building coverage and adherence to the objectives set forth in this section; and

            3.   Adversely affect surrounding structures.

   (h)   Violations. No owner, lessee or tenant of land shall use, construct, reconstruct, alter, maintain or divide any building, structure or land in violation of any of the provisions of this section or any resolution adopted hereafter pursuant to this section.

(Ord. 79-56. Passed 11-13-79. )

   (a)   Purpose. The S-PUD Planned Unit Development District is intended to provide permissive, voluntary and alternative zoning procedures for development. Reasons for such zoning include:

      (1)   The provision of flexibility whereby land holdings greater than three acres in size, under unified ownership, can be planned and developed as a unit.

      (2)   A greater efficiency in the use of land and resources than is achievable through conventional development.

      (3)   Facilitation of flexibility of design in order to take advantage of natural features of land.

   (b)   Permitted Uses. Uses permitted in the S-PUD District are those permitted by underlying zoning. Uses permitted elsewhere by this Zoning Code also may be permitted if the Planning Commission and Council determine that such uses are in harmony with adjacent neighborhoods, transportation facilities and other community facilities.

   (c)   Design and Development Standards. Design and development standards within an S-PUD District will normally be those associated with the most restrictive Zoning Code standards applied to the same land uses elsewhere in the City. Such standards may be altered to the extent that the Planning Commission and Council are able to make determinations that surrounding neighborhoods, as well as the general health, safety and welfare, will be protected. Relaxation of otherwise applicable standards often will involve trade-offs of open space or public amenities designed to provide a net positive benefit to the community.

   (d)   Formal Plans,. Applicants are encouraged to engage in informal consultations with staff and the Planning Commission prior to submission of formal plans.

   (e)   Required Contents of the Site Development Plan. A proper site development plan must be submitted at least two weeks before the next regularly scheduled meeting of the Planning Commission to be considered on the next agenda. The following elements will constitute a complete application:

      (1)   Evidence of ownership or equivalent control of the entirety of the site;

      (2)   A base survey map of the site, to scale, showing boundary dimensions, the genera topography, physical features and surrounding thoroughfares;

      (3)   A site plan, showing lot lines, building outlines, off-street parking spaces, pedestrian walkways, bicycle and automobile circulation and special site development features;

      (4)   Engineering plans of sufficient detail for preliminary subdivision approval and indicating that site grading, street improvements, storm drainage, utility upgrades and extensions and other public facilities will meet City standards;

      (5)   Building plans, to scale, including floor plans and exterior elevations;

      (6)   Proposed restrictive covenants, homeowners' association proposals and other legal documentation;

      (7)   Landscaping plans, including quantities, sizes and varieties of landscaping; and

      (8)   A time schedule of the projected development, if the total landholding is to be developed in stages or if construction is to extend beyond a two-year time period.

   (f)   Planning Commission Action. The Planning Commission may hold a public hearing on the application, but will, in any case, make a report to City Council after no more than two successive, regularly scheduled meetings following timely receipt of a full application for S-PUD zoning. Such Commission report to Council will recommend approval, modification or disapproval and will offer reasons therefor. The Commission may explicitly recommend special conditions relating to the planned unit development with regard to the type and extent of public improvements, landscaping, building styles, density or other development characteristics.

   (g)   City Council Action. City Council will consider the S-PUD application and the accompanying report of the Planning Commission at a public hearing that has been advertised by a newspaper of general circulation at least ten days before said hearing date. The applicant may request a postponement of Council consideration of the S-PUD application to allow the incorporation of changes suggested by the Planning Commission. City Council may explicitly impose special conditions relating to the planned unit development with regard to the type and extent of public improvements, landscaping, building styles, density or other development characteristics.

   (h)   Required Findings_. Both the Planning Commission and City Council will only approve those S-PUD zoning applications which contain enough information to allow them to make specific findings of fact, directly based upon the evidence presented, that:

      (1)   The physical character of the site will be suitable for development in the manner proposed without hazard to persons or property, on or off the site, because of the probability of flooding, erosion or other dangers, annoyances or inconveniences.

      (2)   The site will be accessible from public roads that are adequate to carry the traffic that will be imposed upon them by the proposed development, and the streets and driveways on the site will be adequate to efficiently and safely serve the residents of the area as well as the traffic generated by uses within the proposed development.

      (3)   The S-PUD District will be located in such a way, in relation to sanitary sewers, storm and surface drainage systems, water supply systems and police and fire protection facilities, that neither extension nor enlargement of such systems will be required that will result in higher net public costs than would development in forms generally permitted under existing zoning for the area.

      (4)   Structures, parking areas, drives, roadways, walks, lighting and appurtenant facilities will be located and designed to provide a high degree of efficiency, safety, convenience and harmony within the development as well as the utmost compatibility with surrounding neighborhoods.

      (5)   Proposed development can be substantially completed within the period of time specified by the development application.

      (6)   The S-PUD District will be in conformity with Englewood comprehensive planning, including land use and utility elements.

      (7)   Planning is consistent with the intent and purpose of this Zoning Code to promote the public health, safety and general welfare of the City.

   (i)   Time Limits and Extensions. Following approval of the S-PUD application by Council, an ordinance will be passed designating that the subject property is now zoned "S-PUD Planned Unit Development". S-PUD zoning approval by said ordinance shall become null and void, and the land shall revert to its former zoning classification, if:

      (1)   Within one year of zoning approval, a final subdivision plat, if applicable, for at least the first section, has not been recorded by Montgomery County.

      (2)   A building permit, within at least the first section, has not been secured within one year of final plat recording.

   Existing landscaping, acting as screening of a project site from surrounding sites, shall not be removed until final landscaping and screening is to be installed. Unless the City Engineer and the Community Development Director determine that there is a sound development reason for delay, all approved landscaping and screening must be installed the earlier of six months from the date of S-PUD approval by Council or before issuance of a building permit. If delays in landscaping and screening installation are approved, subsequent occupancy of a building may be delayed until such approved screening has been installed.

   An extension of time limits or minor modifications of approved plans may be approved by the Planning Commission. Such approval shall be given upon a finding of the purpose and necessity for such extension or minor modification and evidence of reasonable effort toward the accomplishment of approved plans. Proposed changes not deemed minor by the Planning Commission shall necessitate review by both the Planning Commission and City Council, in the same format as if a new S-PUD District were being proposed.

   (j)   Subdivision Standards. Unless otherwise addressed by the Planning Commission or City Council, design standards for the proposed subdivision of land shall meet minimum standards of the City relating to the platting of land.

(Ord. 96-6. Passed 3-27-96.)

   (EDITOR'S NOTE: Section 1264.04 was repealed by Ordinance 96-6, passed March 27, 1996.)

   (a)   Purpose and Intent. The purpose of Central Business District regulations is the recognition and maintenance of a unique community focal point. Historically, the Central Business District has housed various mixed residential and commercial land uses. Because of historical precedent, the historical significance of structures designed for mixed use, and the intent to keep an older area of the community viable, central business district regulations have been developed. Even though mixed uses may be allowed, it is the intent of these regulations to assure a predominantly nonresidential, commercial focus for this zoning district.

   (b)   Applicability.

      (1)   Central Business District zoning shall exist as an overlay zone, superimposed in a specific area over existing zoning classifications. Adoption and modification of a Central Business District zone shall be by action of Council, pursuant to the same regulations applying to the adoption or alteration of any other zoning district.

      (2)   Except as otherwise provided herein, all regulations of the underlying zoning districts shall apply to and control property in an S-CBD zone, provided, however, that in the case of conflict between the provisions of an underlying zoning district and an S-CBD zone, the provisions of the S-CBD zoning shall prevail.

   (c)   Boundaries. Central Business District zoning may be utilized within all areas zoned "C-3 Community Commercial" or "0-1 Office", provided that such areas are located east of Beckenham Road, south of Herr Street and north of Overlook Street, and also including such identically zoned areas lying east of Main Street, north of Tate Avenue.

   (d)   Permitted Uses.Pursuant to review and approval of design elements by the Administrative Board for Planning and Zoning Appeals, following the same administrative procedures as are prescribed in approving conditionally permitted uses, the following development plans may be allowed in an S-CBD zone:

      (1)   Residential units, where residential land use has been the predominant land use on a given zoning lot within six months of seeking expansion or redevelopment approvals, or where a non-retailing, non-commercial land use has been the predominant land use of a given zoning lot within six months of seeking redevelopment approvals, and where an R-6 zoning standard can be maintained for required yards, off-street parking and other development aspects.

      (2)   Residential units at the second story or higher building elevation, or behind the street-level commercial, retailing or office use principally permitted by underlying zoning, provided:

         A.   Such residential units do not create a greater demand for off street parking, with reference to standards set forth in Section 1266.05 of this Zoning Code, unless such standards can be met on-site.

         B.   Such residential units do not share common areas with each other, or with non-residential uses, and provided that residential and non-residential uses are self-contained and separated by fire walls and/or other partitions as prescribed by applicable building and health codes.

      (3)   Commercial redevelopment areas where retailing and office space are proposed to meet a planned thematic standard, where the area to be developed is at least one-acre in size. The approval procedure for an S-CBD commercial redevelopment area shall be the same as for SPUD zoning, as specified in Section 1264.03.

(Ord. 91-12. Passed 9-10-91; Ord. 96-6. Passed 3-27-96; Ord. 98-13. Passed 8-11-98.)