Fenton City Zoning Code
CHAPTER 415
Zoning District Regulations
Ord- No- 4585_0
Section 415.010 "PG" Public And Governmental District Regulations.
[R.O. 2009 § 465.050; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "PG" Public and Governmental District (hereinafter "PG" District). The purpose of the "PG" District is to provide for public and governmental uses such as City Hall and Police and Fire stations. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
E.
Building Regulations. The maximum Building Height shall not exceed forty-five (45) feet.
Section 415.020 "PR" Parks And Recreation District Regulations.
[R.O. 2009 § 465.060; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "PR" Parks and Recreation District (hereinafter "PR" District). The purpose of the "PR" District is to provide open spaces for parks and recreational activities, including City parks, golf courses, bicycles trails, and the Meramec Greenway Trail. Development within this area is restricted as it is located in the floodplain of the Meramec River or adjacent to Residential Districts and Uses. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
[Ord. No. 4439, 5-23-2024]
D.
E.
Building Regulations. The maximum Building Height shall not exceed forty-five (45) feet.
Section 415.030 "R-1" Residential District Regulations.
[R.O. 2009 § 465.010; Ord. No. 3891, 1-24-2019[1]]
A.
Purpose. This Section contains the regulation for the "R-1" Residential District (hereinafter "R-1" District). The purpose of the "R-1" District is to allow for large-Lot residential settings (i.e., open space, wooded Lots, scenic views, and privacy), as large-Lot residential development patterns minimize the impact of development on "environmentally sensitive" land in Fenton. The "R-1" District's environmentally sensitive areas are characterized by steep slopes (>7%), critical drainage courses or watersheds, heavy woods, and shallow soils. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
Lot Regulations.
1.
Setbacks.
a.
Front Setback. Each Lot shall have a minimum fifty-foot Front Setback.
b.
Side Setback. Each Lot shall have a minimum fifteen-foot Side Setback; except, whenever a Lot of Record existing on the date of this Code has a Lot Width of seventy-five (75) feet or less, the Side Setback may be reduced to a width of not less than ten percent (10%) of the Lot Width, but in no instance shall it be less than five (5) feet.
c.
Rear Setback. Each Lot shall have a minimum fifty-foot Rear Setback.
2.
Lot Area.
3.
Flag Lots. Flag Lots are prohibited, provided Flag Lots in existence before November 20, 2017, are permitted but shall not be further subdivided.
E.
Building Regulations. The maximum Building Height shall not exceed forty (40) feet.
Section 415.040 "R-2" Residential District Regulations.
[R.O. 2009 § 465.020; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulation for the "R-2" Residential District (hereinafter "R-2" District). The purpose of the "R-2" District is to provide residential subdivisions with smaller Lots than the "R-1" District, but more spacious than those provided in the "R-3" District. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
Lot Regulations.
1.
Setbacks.
a.
Each Lot shall have a minimum Front Setback of fifty (50) feet, unless forty percent (40%) or more of the Frontage on one (1) side of the Street between an Intersection is improved with Buildings that have observed a Front Setback with a variation in depth of not more than ten (10) feet, in which case no Building shall project beyond the average Front Setback so established, but this regulation shall not be interpreted to require a Front Setback of more than one hundred (100) feet.
b.
Side Setback. Each Lot shall have a minimum Side Setback of ten (10) feet; except, whenever a Lot of Record existing on the date of this Code has a Lot Width of seventy-five (75) feet or less, the Side Setback may be reduced to a width of not less than ten percent (10%) of the Lot Width, but in no instance shall it be less than four (4) feet.
c.
Rear Setback. Each Lot shall have a minimum Rear Setback of thirty-five (35) feet or twenty percent (20%) of the Lot Depth, whichever amount is greater, but it need not exceed fifty (50) feet.
3.
Flag Lots. Flag Lots are prohibited, provided Flag Lots in existence before November 20, 2017, are permitted but shall not be further subdivided.
E.
Building Regulations. The maximum Building Height shall not exceed forty (40) feet.
Section 415.050 "R-3" Residential District Regulations.
[R.O. 2009 § 465.030; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "R-3" Residential District (hereinafter "R-3" District). The purpose of the "R-3" District is to provide traditional residential subdivision layouts with smaller Lot Areas than the "R-1" and "R-2" Districts but Lot Areas large enough to accommodate contemporary living and housing desires and needs, such as Decks or swimming pools. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
Lot Regulations.
1.
Setbacks.
a.
Front Setback. Each Lot shall have a minimum Front Setback of thirty (30) feet, unless forty percent (40%) or more of the Frontage on one (1) side of the Street between an Intersection is improved with Buildings that have observed a Front Setback with a variation in depth of not more than ten (10) feet, in which case no Building shall project beyond the average Front Setback so established, but this regulation shall not be interpreted to require a Front Setback of more than fifty (50) feet.
b.
Side Setback. Each Lot shall have a minimum Side Setback of eight (8) feet; except, wherever a Lot of Record exists on January 24, 2019 having a Lot Width of fifty (50) feet or less, the Side Setback may be reduced to a width of not less than ten percent (10%) of the Lot Width, but in no instance shall it be less than four (4) feet.
c.
Rear Setback. Each Lot shall have a Rear Setback of not less than thirty (30) feet or twenty percent (20%) of the Lot Depth, whichever amount is larger, but it need not exceed forty (40) feet.
3.
Flag Lots. Flag Lots are prohibited, provided Flag Lots in existence before November 20, 2017, are permitted but shall not be further subdivided.
E.
Building Regulations. The maximum Building Height shall not exceed forty (40) feet.
Section 415.060 "R-4" Residential District Regulations.
[R.O. 2009 § 465.040; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "R-4" Residential District (hereinafter "R-4" District). The purpose of the "R-4" District is to accommodate Riverside subdivision, the City's first subdivision. Originally built for Chrysler employees, Riverside was developed with Single-Family Dwellings on eight thousand (8,000) square-foot Lots. Just north of the subdivision, along Wolfner Drive, Two-Family Dwellings were developed to create a buffer between the Non-Residential Uses north of Wolfner Drive and the Single-Family Dwellings located in Riverside. Lots and Residential Uses of this size form a necessary component in the City's planning strategy as a separation of dissimilar uses. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
Lot Regulations.
1.
Setbacks.
a.
Front Setback. Each Lot shall have a minimum Front Setback of thirty (30) feet, unless forty percent (40%) or more of the Frontage on one (1) side of the Street between an Intersection is improved with Buildings that have observed a Front Setback with a variance in depth of not more than ten (10) feet, in which case no Building shall project beyond the average Front Setback so established, but this regulation shall not be interpreted to require a Front Setback of more than fifty (50) feet.
b.
Side Setback.
(1)
Each Lot shall have a minimum Side Setback of six (6) feet; except wherever a Lot of Record existing on the date of this Code has a Lot Width of fifty (50) feet or less, the Side Setback may be reduced to a width of not less than ten percent (10%) of the Lot Width, but in no instance shall it be less than four (4) feet.
(2)
Exception. Lots located on the south side of Wolfner Drive and described as Lots 1-19 of Block 4 of I-44 Industrial Park Plat No. 1 as recorded in Book 152, Page 62 in the Recorder of Deeds Office, may have one (1) Side Setback of zero (0) feet to accommodate the common wall of an Attached Single-Family Dwelling Unit.
c.
Rear Setback. Each Lot shall have a minimum Rear Setback of thirty (30) feet or twenty percent (20%) of the Lot Depth, whichever amount is larger, but it need not exceed forty (40) feet.
2.
Lot Area.
a.
Permitted Uses must be located on a Lot containing at least eight thousand (8,000) square feet, with a minimum Lot Width of sixty (60) feet.
b.
Uses allowed by Special Use Permit must be located on a Lot containing at least three (3) acres.
c.
Exception. Lots located on the south side of Wolfner Drive and described as Lots I-19 of Block 4 of I-44 Industrial Park Plat No. 1 as recorded in Book 152, Page 62 in the Recorder of Deeds Office, may have a minimum Lot Area of five thousand three hundred (5,300) square feet, with a minimum Lot Width of forty (40) feet to accommodate an Attached Single-Family Dwelling Unit.
3.
Flag Lots. Flag Lots are prohibited, provided Flag Lots in existence before November 20, 2017, are permitted but shall not be further subdivided.
E.
Building Regulations. The maximum Building Height shall not exceed forty (40) feet.
Section 415.070 "OT-1" Olde Towne District Regulations.
[R.O. 2009 § 466.010; Ord. No. 3891, 1-24-2019[1]]
A.
Purpose. This Section contains the regulation for the "OT-1" Olde Towne District (hereinafter "OT-1" District). Due to the District's location in the heart of Olde Towne Fenton, the purpose of the "OT-1" District is to encourage a mix of commercial and Residential Uses, while maintaining the rich heritage and history of Fenton as well as a sense of pedestrian-oriented character. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
District Regulations. The "OT-1" District shall be a minimum of fifteen (15) contiguous acres.
E.
F.
Building Regulations.
2.
Facade Materials.
a.
Primary Facade Materials. Brick and other brick-like masonry, glass, or architectural precast concrete. Primary materials shall not be less than eighty percent (80%), excluding windows and doors, of any Facade.
c.
Exceptions.
(1)
Concrete block may be allowed as a primary or accent Facade material on a Rear Elevation that is not visible to any adjacent Lot containing a Residential Dwelling.
(2)
Buildings that are listed on the Missouri National Register of Historic Places or have obtained a historic preservation tax credit may utilize the same Facade material as initially utilized on the Building for repair or alterations.
(3)
Residential Dwellings are exempt from the Facade material requirements.
[1]
Editor's Note: This ordinance also repealed former Chapter 466, Olde Towne Commercial Zone Districts, comprised of Sections 466.010 through 466.050.
Section 415.080 "OT-2" Olde Towne District Regulations.
[R.O. 2009 § 466.020; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "OT-2" Olde Towne District (hereinafter "OT-2"). Due to the District's location to State Highway 141 and Highway 30, the purpose of the "OT-2" District is to provide a variety of commercial uses that serve a regional market area. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
District Regulations. The "OT-2" Olde Towne District shall be a minimum of ten (10) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Required Setbacks shall include a landscaped Buffer Area.
3.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed sixty-five percent (65%) of the Lot Area.
4.
Lot Area. The minimum Lot Area shall be one (1) acre or forty-three thousand five hundred sixty (43,560) square feet.
5.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot, provided all other regulations related to the Lot and use of the Lot are met.
F.
Building Regulations.
2.
Facade Materials.
a.
Primary Facade Materials. Brick and other brick-like masonry, glass or architectural precast concrete. Primary materials shall not be less than eighty percent (80%), excluding windows and doors, of any Facade.
c.
Exceptions.
(1)
Concrete block may be allowed as a primary or accent Facade material on a Rear Elevation that is not visible to any adjacent Lot containing a Residential Dwelling.
(2)
Buildings that qualify for historic building rehabilitation tax credit may utilize the same Facade material as initially utilized on the Building for repair or alterations.
Section 415.090 "OT-3" Olde Towne District Regulations.
[R.O. 2009 § 466.030; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "OT-3" Olde Towne District Regulations (hereinafter "OT-3" District). Due to the District's location to S. Old Highway 141 and nearby residential neighborhoods, the purpose of the "OT-3" District is to provide a mix of commercial and service-oriented uses that serve a local market area. These regulations are supplemented and qualified by additional general regulations contained elsewhere in this Code.
D.
District Regulations. The "OT-3" District shall be a minimum of twenty (20) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Required Setbacks shall include a landscaped Buffer Area.
3.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed sixty-five percent (65%) of the Lot Area.
4.
Lot Area. The minimum Lot Area shall be one (1) acre or forty-three thousand five hundred sixty (43,560) square feet.
5.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot provided all other regulations related to the Lot and use of the Lot are met.
F.
Building Regulations.
2.
Facade Materials.
a.
Primary Facade Materials. Brick and other brick-like masonry, glass or architectural precast concrete. Primary materials shall not be less than eighty percent (80%), excluding windows and doors, of any Facade.
c.
Exceptions.
(1)
Concrete block may be allowed as a primary or accent Facade material on a Rear Elevation that is not visible to any adjacent Lot containing a Residential Dwelling.
(2)
Buildings that are listed on the Missouri National Register of Historic Places or have obtained a historic preservation tax credit may utilize the same Facade material as initially utilized on the Building for repair or alterations.
Section 415.100 "OT-4" Planned Olde Towne District Regulations.
[R.O. 2009 § 466.040; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "OT-4" Planned Olde Towne District (hereinafter "OT-4" District). The purpose of the "OT-4" District is to provide a high-density residential living community within the Olde Towne area. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
C.
(Reserved)
D.
Height Regulations. The maximum Building Height shall not exceed forty-five (45) feet, except that a Building with twenty percent (20%) or less coverage of the Lot Area may be erected to a Building Height not to exceed fifty-five (55) feet.
E.
Area Regulations.
1.
Setback. No Building shall be erected within forty (40) feet of any Lot Line.
2.
Intensity Of Use. The aggregate gross area of the Building or Buildings shall not exceed thirty percent (30%) of the entire Lot Area and with a minimum of two thousand five hundred (2,500) square feet of Lot Area per Dwelling Unit.
F.
Procedure To Establish.
1.
The "OT-4" District shall be designed as a whole, unified, single project. The owner of any Lot in an existing "OT" District may submit to the Board a Site Plan of the Property for the purpose of providing an integrated design and appropriate locations for/of Buildings, landscaping, accessways, and Off-Street Parking Areas.
3.
The Commission shall consider such plan with particular regard to the City's Comprehensive Development Plan, the effect upon traffic, congestion, and fire hazards, the character of the neighborhood, the distances between Building and Yard limitations for their aesthetic value to the community, whether such proposed plan would overtax public facilities and utilities, and the general welfare of the community.
4.
The Commission shall report thereon to the Board within sixty (60) days of notification, or if no report within said time, the Board may take action without awaiting said report.
5.
The Board shall conduct a Public Hearing to consider the "OT-4" District with particular regard to the criteria mentioned above and hereafter mentioned in this Section and, after such Public Hearing, may take such action as it believes to be in the best interests of the City. The Board may, if it finds it to be in the best interest of the orderly development of the City, provide for certain Single-Family or Two-Family Dwellings to be included in said plan, subject to all regulations herein contained.
G.
Landscaping Regulations.
1.
Any part of the project area not used for Buildings, Structures, or Off-Street Parking Areas shall be landscaped with grass, trees, and shrubs and, where needed, pedestrian walks.
2.
Reasonable additional requirements as to landscaping, lighting, Screening, accessways, the distance between Buildings and Yard limitations may be imposed by the City for protection of adjoining Residential Districts or Lots with a Residential Use, for conformity to the general welfare of the City and its inhabitants.
H.
Street Regulations.
1.
All Streets, Off-Street Parking Areas, and walks shall be paved or built with Asphalt, Portland cement concrete, or any approved materials as may be specified by the Commission and approved by the Board.
2.
All Streets and accessways shall be a minimum of thirty-eight (38) feet in pavement width centered within a minimum sixty (60) feet and shall be through the whole project area with minimum change to the traffic flow on the surrounding areas.
I.
Additional Regulations.
1.
No expansion or conversion of existing Structures shall be permitted except on the basis of a detailed Site Plan to be approved by the Board showing the relationship of Yards, Off-Street Parking Areas, and other open spaces to surrounding Property and shall comply with these regulations.
2.
Any development in the "OT-4" District shall be subject to all of the terms, conditions and requirements of the Subdivision Regulations under Chapter 440 and all of the terms and provisions thereof.
3.
The Board may vary or modify the requirements of this Section, the strict enforcement of which would entail unusual or real difficulties in carrying out the intent of this Section.
Section 415.110 "OT-5" Olde Towne District Regulations.
[R.O. 2009 § 466.050; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "OT-5" Old Towne District (hereinafter "OT-5" District). Due to the District's location in the heart of Olde Towne Fenton, the purpose of the "OT-5" District is to encourage a mix of commercial and Residential Uses, while maintaining the rich heritage and history of Fenton as well as a sense of pedestrian-oriented character. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
District Regulations. The "OT-5" District shall be a minimum of twenty (20) contiguous acres.
E.
F.
Building Regulations.
2.
Facade Materials.
a.
Primary Facade Materials. Brick and other brick-like masonry, glass, or architectural precast concrete. Primary materials shall not be less than eighty percent (80%), excluding windows and doors, of any Facade.
c.
Exceptions.
(1)
Concrete block may be allowed as a primary or accent Facade material on a Rear Elevation that is not visible to any adjacent Lot containing a Residential Dwelling.
(2)
Buildings that are listed on the Missouri National Register of Historic Places or have obtained a historic preservation tax credit may utilize the same Facade material as initially utilized on the Building for repair or alterations.
(3)
Residential Dwellings are exempt from the Facade material requirements.
Section 415.120 "C-1" Commercial District Regulations.
[R.O. 2009 § 467.010; Ord. No. 3891, 1-24-2019[1]]
A.
Purpose. This Section contains the regulations for the "C-1" Commercial District (hereinafter "C-1" District). Due to the District's location to State Highway 141 and Highway 30, the purpose of the "C-1" District is to provide a variety of commercial uses that serve a regional market area. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
District Regulations. The "C-1" District shall be a minimum of twenty (20) contiguous acres.
E.
Lot Regulations.
1.
Setbacks.
a.
Front Setback. Each Lot shall have a minimum Front Setback of fifteen (15) feet.
b.
b. Side Or Rear Setback. No Side or Rear Setback is required; except where a Side or Rear Lot Line abuts a Residential District or Lot with a Residential Use, then a minimum Setback and Buffer Area of twenty (20) feet shall be provided.
2.
2. Buffer Area. Fifteen percent (15%) of the total Lot Area shall be devoted to landscaped/green space areas. Of these areas, a minimum Buffer Area of twenty (20) feet along any Lot Line adjacent to MoDOT owned Streets and a minimum Buffer Area of ten (10) feet along any Lot Line adjacent to any other Street shall be provided. Landscaped/green space areas located in the Front Yard, including landscaped islands in the Off-Street Parking Area may substitute for up to one- half (1/2) of the required Buffer Areas along Streets.
3.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed fifty percent (50%) of the Lot Area.
4.
Lot Area. The minimum Lot Area shall be three-quarters (3/4) of an acre or thirty-two thousand six hundred seventy (32,670) square feet.
5.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot provided all other regulations related to the Lot and use of the Lot are met.
F.
Building Regulations.
2.
Exterior Building Materials.
a.
Primary Facade Materials. Brick and other brick-like masonry, glass panels, or architectural pre-cast concrete. The primary materials shall not be less than eighty-five percent (85%), excluding windows and doors, of any Facade.
b.
Accent Facade Materials. Architecturally designed metal panels, in a color compatible with the primary material.
Section 415.130 "C-2" Commercial District Regulations.
[R.O. 2009 § 467.020; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "C-2" Commercial District (hereinafter the "C-2" District). Due to the District's location to State Highway 141 and nearby neighborhoods, the purpose of the "C-2" District is to provide a mix of commercial and service-oriented uses that serve a local market area to provide local neighborhood convenience and shopping. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
District Regulations. The "C-2" District shall be a minimum of ten (10) contiguous acres.
E.
Lot Regulations.
1.
Setbacks.
a.
Front Setback. Each Lot shall have a minimum Front Setback of twenty (20) feet.
b.
Side Or Rear Setback. Each Lot shall have a minimum Side and Rear Setback of ten (10) feet; except where a Side or Rear Lot Line abuts a Residential District or Residential Use, then a minimum Setback and Buffer Area of twenty (20) feet shall be provided.
2.
Landscaping. Fifteen percent (15%) of the total Lot Area shall be devoted to landscaped/green space areas. Of these areas, a minimum twenty-foot Buffer Area along any Lot Line adjacent to MoDOT right-of-way and a minimum ten-foot wide Buffer Area along any Lot Line adjacent to any other Street shall be provided. Landscaped/green space areas located in the Front Yard, including landscaped islands in the Off-Street Parking Area may substitute for up to one-half (1/2) of the required Buffer Areas along Streets.
3.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed sixty percent (60%) of the Lot Area.
4.
Lot Area. The minimum Lot Area shall be three-quarters (3/4) of an acre or thirty-two thousand six hundred seventy (32,670) square feet.
5.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot provided all other regulations related to the Lot and use of the Lot are met.
F.
Building Regulations.
2.
Facade Materials.
a.
Primary Facade Materials. Brick and other brick-like masonry, glass panels, or architectural pre-case concrete. The primary materials shall not be less than eighty-five percent (85%), excluding windows and doors, of any Facade.
b.
Accent Facade Materials. Architecturally designed metal panels, in a color compatible with the primary material.
Section 415.140 "BP-1" Business Park District Regulations.
[R.O. 2009 § 475.010; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "BP-1" Business Park District (hereinafter "BP-1" District). The purpose of the "BP-1" District is to provide for a mix of office, retail, and service uses in business park setting. Because portions of the "BP-1" District are adjacent to Residential Districts and Uses, the District provides for appropriate small-scale uses that complement and provide a Buffer Area to the surrounding Residential Uses. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
District Regulations. The "BP-1" District shall be a minimum of eight (8) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Each Lot shall have landscaped Buffer Areas of not less than thirty (30) feet from the Front Lot Line(s) and fifteen (15) feet from the Side and Rear Lot Lines. Off-Street Parking Areas may encroach the required Setbacks provided in Subsection (E)(1)(a) through (c) above but shall not encroach the required landscaped Buffer Areas provided herein.
3.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed sixty-five percent (65%) of the Lot Area.
4.
Lot Area. The minimum Lot Area shall be two and three-tenths (2.3) of an acre or one hundred thousand (100,000) square feet, with a minimum Lot Width of two hundred (200) feet.
5.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot provided all other regulations related to the Lot and use of the Lot are met.
F.
Building Regulations.
3.
Facade Materials.
a.
Primary Facade Materials.
(1)
Allowable primary materials are brick and other brick-like masonry, architecturally designed metal panels, glass, or architectural precast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is an allowable primary material subject to the maximum EIFS surface not exceeding fifty percent (50%) of any Facade, excluding windows and doors. EIFS material shall be located a minimum of three (3) feet above grade.
(3)
Primary materials shall have a predominantly warm, earth-tone appearance.
Section 415.150 "BP-2" Business Park District Regulations.
[R.O. 2009 § 475.020; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "BP-2" Business Park District (hereinafter "BP-2" District). The purpose of the "BP-2" District is to provide a mix of office and light industrial uses with service and convenience uses in a business park setting. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
District Regulations. The "BP-2" District shall be a minimum of twenty (20) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Each Lot shall have landscaped Buffer Areas of not less than thirty (30) feet from the Front Lot Line(s) and fifteen (15) feet from the Side and Rear Lot Lines. Off-Street Parking Areas may encroach the required Setbacks provided in Subsection (E)(1)(a) through (c) above but shall not encroach the required landscaped Buffer Areas provided herein.
3.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed sixty-five percent (65%) of the Lot Area.
4.
Lot Area. The minimum Lot Area shall be two and three-tenths (2.3) of an acre or one hundred thousand (100,000) square feet, with a minimum Lot Width of two hundred (200) feet.
5.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot provided all other regulations related to the Lot and use of the Lot are met.
F.
Building Regulations.
3.
Facade Materials.
a.
Primary Facade Materials.
(1)
Allowable primary materials are brick and other brick-like masonry, architecturally designed metal panels, glass, or architectural precast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is an allowable primary material subject to the maximum EIFS surface not exceeding fifty percent (50%) of any Facade, excluding windows and doors. EIFS material shall be located a minimum of three (3) feet above grade.
(3)
Primary materials shall have a predominantly warm, earth-tone appearance.
Section 415.160 "BP-3" Business Park District Regulations.
[R.O. 2009 § 475.030; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "BP-3" Business Park District (hereinafter "BP-3" District). The purpose of the "BP-3" District is to provide a mix of office, light industrial, retail, and service uses in a business park setting. Because portions of the "BP-3" District are adjacent to Residential Districts and Uses, the District provides for appropriate small-scale uses that complement and provide a Buffer Area to the surrounding Residential Uses. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
District Regulations. The "BP-3" District shall be a minimum of six (6) contiguous acres.
E.
Lot Regulations.
1.
Setbacks.
a.
Front Setback. Each Lot shall have a minimum Front Setback of fifty (50) feet.
b.
Side Setback. Each Lot shall have a minimum Side Setback of fifteen (15) feet.. Furthermore, any Side Lot Line adjoining any Residential District or Lot with a Residential Use shall have an additional Side Setback of five (5) feet for each one (1) foot of Building Height in excess of fifteen (15) feet; said Setback being determined by the wall facing the Lot Line. [Note: For comparative purposes, a thirty-foot high Building subject to the above provision would be set back ninety (90) feet from any adjoining residential Lot Line.]
c.
Rear Setback. Each Lot shall have a minimum Rear Setback of fifteen (15) feet. Furthermore, any Rear Lot Line adjoining any Residential District or Lot with a Residential Use shall have an additional Rear Setback of five (5) feet for each one (1) foot of Building Height in excess of fifteen (15) feet; said Setback being determined by the wall facing the Lot Line. [Note: For comparative purposes, a thirty-foot high Building subject to the above provision would be set back ninety (90) feet from any adjoining residential Lot Line.]
2.
Buffer Area.
a.
Each Lot shall have landscaped Buffer Areas of not less than fifteen (15) feet from the Front Lot Line(s) and ten (10) feet from the Side and Rear Lot Lines. Off-Street Parking Areas may encroach the required Setbacks provided in Subsection (E)(1)(a) through (c) above, but shall not encroach the required landscaped Buffer Areas area provided herein.
b.
Notwithstanding the above, any portion of a Side or Rear Lot Line abutting a Residential District or Lot with a Residential Use shall have a minimum twenty-five-foot wide Buffer Area, or more if deemed necessary by the City under Site Plan Review, extending the length of the adjacent Lot. Said area shall be planted with trees and shrubs to provide a dense screen at maturity, throughout the year, as approved by the City under Site Plan Review. No Off-Street Parking Areas or Accessory Uses will be allowed in the landscaped Buffer Areas.
3.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed sixty-five percent (65%) of the Lot Area.
4.
Lot Area. The minimum Lot Area shall be one (1) acre or forty-three thousand five hundred sixty (43,560) square feet, with a minimum width of one hundred fifty (150) feet.
5.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot, provided all other regulations related to the Lot and use of the Lot are met.
F.
Building Regulations.
2.
Building Size. The Primary Floor Area shall be a maximum of fifty thousand (50,000) square feet. Primary Floor Area greater than fifty thousand (50,000) square feet may be authorized under Site Plan Review, subject to the following:
a.
The maximum Primary Floor Area shall not exceed seventy-five thousand (75,000) square feet.
b.
A Buffer Area of not less than fifty (50) feet width shall be provided along any Lot Line adjacent to any Residential District or Lot with a Residential Use. Said Buffer Area must include a combination of evergreen and deciduous trees, shrubs, and berms to reasonably mitigate the view from any adjacent Residential Use.
c.
No loading docks or tractor-trailer dock maneuvering areas shall be directly exposed to any Residential District or Residential Use. Where necessary, screen walls constructed of materials in compliance with provisions of the "BP-3" District may be provided.
3.
Facade Materials.
a.
Primary Facade Materials.
(1)
Allowable primary materials are brick and other brick-like masonry, architecturally designed metal panels, glass, or architectural precast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is an allowable primary material subject to the maximum EIFS surface not exceeding fifty percent (50%) of any Facade, excluding windows and doors. EIFS material shall be located a minimum of three (3) feet above grade.
(3)
Primary materials shall have a predominantly warm, earth-tone appearance.
Section 415.170 "BP-4" Planned Business Park District Regulations.
[R.O. 2009 § 475.070; Ord. No. 3875, 11-19-2018[1]]
A.
Purpose. This Section contains the regulations and procedures of the "BP-4" Planned Business Park District (hereinafter "BP-4" District). It is the purpose of the "BP-4" District to facilitate the establishment of combinations of development and uses in a planned environment for which no provision is made in any single "BP" Business Park District and to encourage a creative approach to the Property use and affiliated physical facilities that results in a better development and design under conditions of approved Site Plans. Furthermore, the "BP-4" District is intended for varying intensity business and associated retail services of high quality that can justify the amenities and high level of performance standards governing development in a planned business park setting. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
B.
Establishment Of A "BP-4" District.
1.
A "BP-4" District may be established on a Property in a single ownership or management control provided that:
a.
An application for a change of zoning and a concept plan (hereinafter "Concept Plan") is approved by the Board.
b.
A Site Plan in compliance with the conditions for rezoning and Concept Plan approved by the Board is submitted to the Commission and Board for approval and recorded with the Recorder of Deeds.
c.
The schedule of construction is complied with in accordance with the approved rezoning ordinance and/or Site Plan approval.
2.
A "BP-4" District may be established by the Board in the same manner that other Zoning Districts are established where the Board determines that any particular site should be developed accordingly, but because of possible conflicts with adjoining uses, more development control is necessary to protect the general welfare than is possible under the regulations of the "BP-1," "BP-2," and "BP-3" Districts.
3.
The minimum Lot Area or combined Property area to establish a "BP-4" District shall be three (3) contiguous acres unless said property adjoins a "BP-4" District. For property adjoining an existing "BP-4" District, the minimum area is one (1) contiguous acre.
C.
Permitted Uses And Uses Allowed By Special Use Permit. Permitted Uses and Uses allowed by Special Use Permit in the "BP-4" District shall be established in the conditions of the rezoning ordinance governing the District. Specific uses may include those designated Permitted Uses and by Uses allowed by Special Use Permit in any "BP" District, except not more than fifty percent (50%) of the Gross Floor Area of any Building may be used for warehouse.
D.
Lot Regulations.
1.
Setbacks And Buffer Areas.
a.
Front Setback And Buffer Area. Each Lot shall have a minimum Front Setback of fifty (50) feet with a landscaped Buffer Area of not less than thirty (30) feet from the Front Lot Line(s). Off-Street Parking Areas may encroach the established Front Setback but shall not encroach the required landscaped Buffer Area provided herein.
b.
Side And Rear Setbacks. Except as otherwise required in this Section, all required Side and Rear Setbacks and Buffer Areas shall be as approved on the recorded Concept Plan or rezoning ordinance. Off-Street Parking Areas may encroach the established Side and Rear Setbacks but shall not encroach the established landscaped Buffer Area.
c.
Exceptions. The required Setbacks and Buffer Areas along the Lot Line of all Lots adjacent to another Zoning District shall not be less than such requirement for the abutting Lot. Where a Lot abuts more than one (1) other Zoning District, the most restrictive shall apply.
2.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed fifty percent (50%) of the Lot Area.
3.
Lot Area. The minimum Lot Area shall be one (1) acre, with a minimum Lot Width of two hundred (200) feet.
4.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot, provided all other regulations related to the Lot and use of the Lot are met.
F.
Procedure For Establishment Of "BP-4" District. In order to establish a "BP-4" District to utilize Property in an established "BP-4" District, the procedure shall be as follows:
1.
Application. The owner or owners of record or owners under contract of a Lot or Property or their authorized representatives shall petition the Board on forms prescribed for this purpose by the Director. These forms are to be submitted to the Community Development Department and accompanied by the following:
b.
Legal description of the Property;
c.
Outboundary Plat of the Property;
e.
Concept Plan identifying the general location of Streets, utilities, and other proposed infrastructure and the general location of the proposed uses of the Zoning District;
f.
Description/list of proposed uses; and
g.
Any additional information reasonably required by the Director to determine compliance with the requirements herein.
2.
When approving the change of zoning and Concept Plan, the Commission shall recommend and the Board shall establish within the governing ordinance the Permitted Uses and Uses allowed by Special Use Permit for the proposed "BP-4" District, required infrastructure and rules related to the same, open space requirements, required Setbacks, Buffer Areas, Building Heights, Facade materials, Lot Area and coverage requirements, density requirements, and other conditions and requirements to meet the requirements of this Section. All other provisions and procedures for a change of zoning of Section 410.050, Procedures For A Change In Zoning, shall apply.
3.
Site Plans.
a.
After passage of the rezoning ordinance and approval of the Concept Plan by the Board, the Applicant shall proceed with submitting a Site Plan. A Site Plan can either be presented for the entire "BP-4" District or the Applicant can proceed to construct the Zoning District in phases and submit multiple Site Plans. No building permits or authorization for improvement or development for any use requested under provisions of this Section shall be issued prior to approval of such Plans.
b.
Site Plans Shall Be Submitted To Director For Review. These plans shall contain the minimum requirements established in the conditions of the ordinance governing the "BP-4" District and, further, shall comply with the applicable provisions of the Subdivision Code and other City ordinances. If the Director finds the Plan(s) to be in substantial compliance with the zoning ordinance, the approved Concept Plan, and this Section ("Applicable Authority"), the Director shall forward to the Commission for review and recommendation. For purposes of this Section, "substantial compliance" shall mean a level of compliance with the requirements of the Applicable Authority such that any identified inconsistencies do not allow a lesser amount of performance on behalf of the Applicant nor impose a greater burden or risk upon the City or its citizens than that of the Applicable Authority. Specifically, the Director must determine that:
(1)
Development density and intensity have not materially changed such that density of any use exceeds the permitted density of that use, or the permitted Building Height;
(2)
Design has not materially changed, in that the Street patterns, particularly ingress egress points, are in the same general location as shown on the Concept Plan, landscaped open space is in the same general location and is of the same or greater amount, or the proposed changes do not have the effect of creating any non-compliance or non-conformity with the strict application of the Zoning Code that were not previously approved, or of expanding the scope of existing variances, alternative Site Plans, options, or other approvals pursuant to alternative development standards such that they would differ to a greater degree from the strict application of the Zoning Code; and
(3)
Uses have not changed to include uses not approved by the Applicable Authority.
c.
The Commission shall review the Site Plan for compliance with the Applicable Authority and make a recommendation to the Board. The Board may approve, approve with conditions, or deny the Site Plan in accordance with the Applicable Authority. Within sixty (60) days of approval by the Board, the Site Plan(s) shall be recorded with the Recorder of Deeds by the Applicant at its cost and thereby authorize development as depicted thereon. Failure to record such Plan within the required time frame shall result in the Site Plan becoming null and void.
4.
Guarantee Of Improvements. Unless otherwise provided for in the conditions of the ordinance governing a "BP-4" District, no building permits or permits authorizing the occupancy or use of any Building, facility, commercial establishment or Structure may be used or occupied until required related off-site improvements are constructed or a performance bond, escrow, or other acceptable instrument is posted covering their estimated cost as determined by the Director. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements. Required related off-site improvements shall include, but not be limited to, Streets, sidewalks, sanitary and storm sewers, streetlights, and landscaping and trees. If a "BP-4" District is developed in phases, the requirement shall also apply to all major improvements necessary to the proper operation and function of the phase in question as determined by the Director, even though such improvements may be located outside of the phase in question.
5.
To Amend The Rezoning Ordinance Or Concept Plan. Amendment to the Concept Plan or conditions or terms of the rezoning ordinance shall proceed through the same procedure for approval of the original Concept Plan and rezoning ordinance.
6.
To Amend The Recorded Site Plans.
a.
The Applicant shall submit an amended Site Plan to the Director for review. The Director shall then evaluate the request for consistency in purpose and content with the nature of the approved Concept Plan, rezoning ordinance, and original Site Plan.
b.
If the Director determines that the proposed amendment to the Site Plan is major in nature and is not in conflict with the approved Concept Plan and meets all conditions of the "BP-4" District ordinance, said Plan shall be reviewed by the Commission and forwarded to the Board for approval. If approved, said amended Plan shall be recorded with the Recorder of Deeds by the Applicant at its cost within sixty (60) days of review and report by the Commission and approval by the Board. Failure to record within the prescribed timeline shall result in the approval of the amendment being null and void.
c.
If the Director determines that the proposed amendment to the Site Plan is minor in nature and is not in conflict with the original proposal as advertised and the Concept Plan and meets all conditions of the "BP-4" District ordinance, the Director may administratively approve such amendment. Said amended Plan shall be retained on file by the Community Development Department and shall be recorded with the Recorder of Deeds by the Applicant at its cost within sixty (60) days of approval by the Director. Failure to record within the prescribed timeline shall result in the approval of the amendment being null and void.
d.
If the Director determines that the proposed amendment to the Site Plan is not consistent in purpose and content of the rezoning ordinance or with the Concept Plan approved by the Board, the Director shall so report to the Applicant and the Commission. The Commission shall then review the amended Site Plan and make a recommendation to the Board for final determination.
7.
Appeals. The Applicant may appeal a decision by the Director. The Applicant shall have a fifteen-day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission will make a final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the Site Plan. Such final determination by the Commission is subject to the appeal procedures of Chapter 405, Article II.
8.
Failure To Commence Construction.
a.
Unless otherwise determined by the Board in the rezoning ordinance, the Board shall consider the "BP-4" District development subject to revocation if substantial construction fails to commence within one (1) year of filing of the Site Plan or construction is not completed within five (5) years from approval of the Site Plan. As used in this Section, "substantial construction" shall mean final grading for Streets necessary for first approved Plat or phase of construction and commencement of installation of sanitary and storm sewers. The Applicant shall be notified, in writing, at least sixty (60) days prior to any revocation hearing.
b.
The Board may grant an extension to commence construction for not more than one (1) additional year. Any extension herein provided for shall be filed with the Director prior to the expiration date for which the extension is being requested.
c.
In the event the rezoning ordinance is revoked after a revocation hearing, the Site Plan and Concept Plan shall terminate and the Commission shall, within forty-five (45) days, recommend initiation of a new Public Hearing before the Board to revert the Property to its prior classification in accord with the proceedings specified in Section 410.060, Petitions for Change, Filing Fee, Form and Contents. When a "BP-4" District has terminated by reason of provisions of this Subsection, no building permit shall be issued on that Property until a Public Hearing has been held for the purpose of reinstating the "BP-4" District or reversion of said Property to its prior zoning classification and action taken thereon by the Board.
9.
Unfinished Portions Of A Site Plan. Any ground in an unfinished phase of a Site Plan in the "BP-4" District not completed within one (1) year from the date of Site Plan approval by the Board shall be graded and seeded with a perennial grass seed. Said undeveloped ground shall be maintained with appropriate mowing and trimming to meet City standards, until it becomes an active construction site.
[1]
Editor's Note: This ordinance also repealed former Section 475.070, "BP-4" Planned Business Park District.
Section 415.180 "CP-1" Commercial Business Park District Regulations.
[R.O. 2009 § 475.040; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "CP-1" Commercial Business Park District (hereinafter "CP-1" District). Due to the District's location to Interstate 44, the purpose of the "CP-1" District is to provide for a mix of offices, retail, service, and convenience uses in a business park setting. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
District Regulations. The "CP-1" District shall be a minimum of six (6) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Each Lot shall have landscaped Buffer Areas of not less than thirty (30) feet from the Front Lot Line(s) and fifteen (15) feet from the Side and Rear Lot Lines. Off-Street Parking Areas may encroach the required Setbacks provided in Subsection (E)(1)(a) through (c) above but shall not encroach the required landscaped Buffer Areas provided herein.
3.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed sixty-five percent (65%) of the Lot Area.
4.
Lot Area. The minimum Lot Area shall be two (2) acres or one hundred thousand (100,000) square feet, with a minimum width of one hundred fifty (150) feet.
5.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot, provided all other regulations related to the Lot and use of the Lot are met.
F.
Building Height And Building Size.
3.
Facade Materials.
a.
Primary Facade Materials.
(1)
Allowable primary materials are brick and other brick-like masonry, architecturally designed metal panels, glass, or architectural precast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is an allowable primary material subject to the maximum EIFS surface not exceeding fifty percent (50%) of any Facade, excluding windows and doors. EIFS material shall be located a minimum of three (3) feet above grade.
(3)
Primary materials shall have a predominantly warm, earth-tone appearance.
Section 415.190 "HP-1" Hospitality Business Park District Regulations.
[R.O. 2009 § 475.050; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "HP-1" Hospitality Business Park District (hereinafter "HP-1" District). Due to the District's location to Interstate 44, the purpose of the "HP-1" District is to provide a variety of hospitality uses, such as Hotels, Restaurants, convenience uses, and entertainment establishments in a business park setting. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
District Regulations. The "HP-1" District shall be a minimum of eight (8) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Each Lot shall have landscaped Buffer Areas of not less than thirty (30) feet from the Front Lot Line(s) and fifteen (15) feet from the Side and Rear Lot Lines. Off-Street Parking Areas may encroach the required Front Setback provided in Subsection (E)(1)(a) above but shall not encroach the required landscaped Buffer Areas provided herein.
3.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed sixty-five percent (65%) of the Lot Area.
4.
Lot Area. The minimum Lot Area shall be one (1) acre or forty-three thousand five hundred sixty (43,560) square feet, with a minimum width of one hundred fifty (150).
5.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot, provided all other regulations related to the Lot and use of the Lot are met.
F.
Building Regulations.
3.
Facade Materials.
a.
Primary Facade Materials.
(1)
Allowable primary materials are brick and other brick-like masonry, architecturally designed metal panels, glass, or architectural precast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is an allowable primary material subject to the maximum EIFS surface not exceeding fifty percent (50%) of any Facade, excluding windows and doors. EIFS material shall be located a minimum of three (3) feet above grade.
(3)
Primary materials shall have a predominantly warm, earth-tone appearance.
Section 415.200 "IP-1" Industrial Park District Regulations.
[R.O. 2009 § 475.060; Ord. No. 3891, 1-24-2019]
A.
Purpose. This Section contains the regulations for the "IP-1" Industrial Park District (hereinafter "IP-1" District). Due to the District's location to Interstate 44 and the railway system, the purpose of the "IP-1" District is to provide a variety of light and heavy industrial, highway-related businesses. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
D.
District Regulations. The "IP-1" District shall be a minimum of twenty (20) contiguous acres.
E.
Lot Regulations.
2.
Buffer Area. Each Lot shall have landscaped Buffer Areas of not less than twenty (20) feet from the Front Lot Line(s) and ten (10) feet from the Side and Rear Lot Lines. Off-Street Parking Areas may encroach the required Setbacks provided in Subsection (E)(1)(a) through (c) above but shall not encroach the required landscaped Buffer Areas provided herein.
3.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed seventy-five percent (75%) of Lot Area.
4.
Lot Area. The minimum Lot Area shall be two (2) acres.
5.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot, provided all other regulations related to the Lot and use of the Lot are met.
F.
Building Regulations.
2.
(Reserved)
3.
Facade Materials.
a.
Primary Facade Materials.
(1)
Allowable primary materials are brick and other brick-like masonry, architecturally designed metal panels, glass, or architectural precast concrete.
(2)
Exterior Insulation Finishing Systems (EIFS) is an allowable primary material subject to the maximum EIFS surface not exceeding fifty percent (50%) of any Facade, excluding windows and doors. EIFS material shall be located a minimum of three (3) feet above grade.
(3)
Primary materials shall have a predominantly warm, earth-tone appearance.
Section 415.210 "PID" Planned Industrial Development District Regulations.
[R.O. 2009 § 475.080; Ord. No. 3876, 11-19-2018[1]]
A.
Purpose. This Section contains the regulations and procedures for the "PID" Planned Industrial Development District (hereinafter "PID" District). It is the purpose of the "PID" District to facilitate the establishment of combinations of development and uses that cannot be accomplished in a Business or Industrial Park District and to encourage a creative approach to the Property use and facilities therein that can best be achieved via parameters and alternatives through conditions of approved Site Plans. Furthermore, the "PID" District is intended for varying intensity industrial and complementary business/commercial services of high quality that can justify the amenities and high level of performance standards governing development in a planned industrial development setting. These regulations are supplemented and qualified by additional regulations appearing elsewhere in this Code.
B.
Establishment Of A "PID" District.
1.
A "PID" District may be established on a Property in a single ownership or management control, provided that:
a.
An application for a change of zoning and a concept plan (hereinafter "Concept Plan") is approved by the Board.
b.
A Site Plan in compliance with the conditions for rezoning and Concept Plan approved by the Board is submitted to the Commission and Board for approval and recorded with the Recorder of Deeds.
c.
The schedule of construction is complied with in accordance with the approved rezoning ordinance and/or Site Plan approval.
2.
A "PID" District may be established by the Board in the same manner that other Zoning Districts are established where the Board determines that any particular site should be developed accordingly, but because of possible conflicts with adjoining uses, more development control is necessary to protect the general welfare than is possible under the regulations of the "IP-1" District.
3.
The minimum Lot Area or combined Property area to establish a "PID" District shall be twenty (20) contiguous acres unless said Property adjoins a "PID" District. For Property adjoining an existing "PID" District, the minimum area is two (2) contiguous acres.
C.
Permitted Uses And Uses Allowed By Special Use Permit. Permitted Uses and Use allowed by Special Use Permit in the "PID" District, shall be established in the conditions of the rezoning ordinance governing the particular "PID" District. Specific uses include those designated Permitted Uses and Uses allowed by Special Use Permit in any "BP," "CP," "HP," or "IP-1" District.
D.
Lot Regulations.
1.
Setbacks And Buffer Areas.
a.
Front Setback And Buffer Area. Each Lot shall have a minimum Front Setback of fifty (50) feet with a landscaped Buffer Area of not less than thirty (30) feet from the Front Lot Line(s). Off-Street Parking Areas may encroach the established Front Setback but shall not encroach the required landscaped Buffer Area provided herein.
b.
Side And Rear Setbacks. Except as otherwise required in this Section, all required Side and Rear Setbacks and Buffer Areas shall be as approved on the recorded Concept Plan or rezoning ordinance. Off-Street Parking Areas may encroach the required Side and Rear Setbacks but shall not encroach the established landscaped Buffer Area.
c.
Exceptions. The required Setbacks and Buffer Areas along the Lot Line of all Lots adjacent to another Zoning District shall not be less than such requirement for the abutting Lot. Where a Lot abuts more than one (1) other Zoning District, the most restrictive shall apply.
2.
Intensity Of Use. Maximum Lot coverage of the Principal Building(s) shall not exceed sixty-five percent (65%) of the Lot Area.
3.
Lot Area. The minimum Lot Area shall be established in the conditions of the rezoning ordinance governing the particular "PID" District.
4.
Number Of Buildings Per Lot. More than one (1) Principal Building may be located on a Lot provided all Setbacks and Off-Street Parking and/or Loading Space requirements are met.
F.
Procedure For Establishment Of "PID" District. In order to establish a "PID" District to utilize Property in an established "PID" District, the procedure shall be as follows:
1.
Application. The owner or owners of record or owners under contract of a Lot or Property or their authorized representatives shall petition the Board on forms prescribed for this purpose by the Director. These forms are to be submitted to the Community Development Department and accompanied by the following:
b.
Legal description of the Property;
c.
Outboundary Plat of the Property;
e.
Concept Plan identifying the general location of Streets, utilities, and other proposed infrastructure and the general location of the proposed uses of the District;
f.
Description/list of proposed uses; and
g.
Any additional information reasonably required by the Director to determine compliance with the requirements herein.
2.
When approving the change of zoning and Concept Plan, the Commission shall recommend and the Board shall establish within the governing ordinance the Permitted Uses and Uses allowed by Special Use Permit for the proposed "PID" District, required infrastructure and rules related to the same, open space requirements, required Setbacks, Buffer Areas, Building Heights and materials, Lot Area, coverage requirements, density requirements, and other conditions and requirements to meet the requirements of this Section. Upon request by the Applicant, the Board may within the ordinance that rezones the Applicant's Property "PID" District approve for good cause shown alternative standards from the Subdivision Code relative to Streets, sidewalks, and/or drainage, and such approved, alternative standards shall be indicated on the plans. All other provisions and procedures for a change of zoning of Section 410.050, Procedures For A Change In Zoning, shall apply.
3.
Site Plans.
a.
After passage of the rezoning ordinance and approval of the Concept Plan by the Board, the Applicant shall proceed with submitting a Site Plan. A Site Plan can either be presented for the entire "PID" District or the Applicant can proceed to construct the Zoning District in phases and submit multiple Site Plans. No building permits or authorization for improvement or development for any use requested under provisions of this Section shall be issued prior to approval of such Plans.
b.
Site Plans Shall Be Submitted To The Director For Review. These plans shall contain the minimum requirements established in the conditions of the ordinance governing the "PID" District and, further, shall comply with applicable provisions of the Subdivision Ordinance and other City ordinances. If the Director finds the Plan(s) to be in substantial compliance with the zoning ordinance, the approved Concept Plan, and this Section ("Applicable Authority"), the Director shall forward to the Commission for review and recommendation. For purposes of this Section, "substantial compliance" shall mean a level of compliance with the requirements of the Applicable Authority such that any identified inconsistencies do not allow a lesser amount of performance on behalf of the Applicant nor impose a greater burden or risk upon the City or its citizens than that of the Applicable Authority. Specifically, the Director must determine that:
(1)
Development density and intensity have not materially changed such that density of any use exceeds the permitted density of that use or the permitted Building Height;
(2)
Design has not materially changed, in that the Street patterns, particularly ingress egress points, are in the same general location as shown on the Concept Plan, landscaped open space is in the same general location and is of the same or greater amount, or the proposed changes do not have the effect of creating any non-compliance or non-conformity with the strict application of the Zoning Code that were not previously approved, or of expanding the scope of existing variances, alternative Site Plans, options, or other approvals pursuant to alternative development standards such that they would differ to a greater degree from the strict application of the Zoning Code; and
(3)
Uses have not changed to include uses not approved by the Applicable Authority.
c.
The Commission shall review the Site Plan for compliance with the Applicable Authority and make a recommendation to the Board. The Board may approve, approve with conditions, or deny the Site Plan in accordance with the Applicable Authority. Within sixty (60) days of approval by the Board, the Site Plan(s) shall be recorded with the Recorder of Deeds by the Applicant at its cost and thereby authorize development as depicted thereon. Failure to record such Plan within the required time frame shall result in the Site Plan becoming null and void.
4.
Guarantee Of Improvements. Unless otherwise provided for in the conditions of the ordinance governing a "PID" District, no building permits or permits authorizing the occupancy or use of any Building, facility, commercial establishment, or Structure may be use or occupied until required related off-site improvements are constructed or a performance bond, escrow, or other acceptable instrument is posted covering their estimated cost as determined by the Director. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements. Required related off-site improvements shall include, but not be limited to, Streets, sidewalks, sanitary and storm sewers, streetlights, and landscaping and trees. If a "PID" District is developed in phases, the requirement shall also apply to all major improvements necessary to the proper operation and function of the phase in question as determined by the Director, even though such improvements may be located outside of the phase in question.
5.
To Amend The Rezoning Ordinance Or Concept Plan. Amendment to the Concept Plan or conditions or terms of the rezoning ordinance shall proceed through the same procedure for approval of the original Concept Plan and rezoning ordinance.
6.
To Amend The Recorded Site Plan.
a.
The Applicant shall submit an amended Site Plan to the Director for review. The Director shall then evaluate the request for consistency in purpose and content with the nature of the approved Concept Plan, rezoning ordinance, and original Site Plan.
b.
If the Director determines that the proposed amendment to the Site Plan is major in nature and is not in conflict with the approved Concept Plan and meets all conditions of the "PID" District ordinance, said Plan shall be reviewed by the Commission and forwarded to the Board for approval. If approved, said amended Plan shall be recorded with the Recorder of Deeds by the Applicant at its cost within sixty (60) days of review and report by the Commission and approval by the Board. Failure to record within the prescribed timeline shall result in the approval of the amendment being null and void.
c.
If the Director determines that the proposed amendment to the Site Plan is minor in nature and is not in conflict with the Concept Plan and meets all conditions of the "PID" District ordinance, the Director may administratively approve such amendment. Said amended Plan shall be retained on file by the Community Development Department and shall be recorded with the Recorder of Deeds by the Applicant at its cost within sixty (60) days of approval by the Director. Failure to record within the prescribed timeline shall result in the approval of the amendment being null and void.
d.
If the Director determines that the proposed amendment to the Site Plan is not consistent in purpose and content of the rezoning ordinance or with the Concept Plan approved by the Board, the Director shall so report to the Applicant and the Commission. The Commission shall then review the amended Site Plan and make a recommendation to the Board for final determination.
7.
Appeals. The Applicant may appeal a decision by the Director. The Applicant shall have a fifteen-day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission will make a final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the "PID" District. Such final determination by the Commission is subject to the appeal procedures of Chapter 405, Article II.
8.
Failure To Commence Construction.
a.
Unless otherwise determined by the Board in the rezoning ordinance, the Board shall consider the "PID" District subject to revocation if substantial construction within the "PID" District development fails to commence within one (1) year of filing of the Site Plan or construction of the first phase or building site is not completed within five (5) years from approval of the Site Plan. As used in this Section, "substantial construction" shall mean final grading for Streets necessary for first approved Plat or phase of construction and commencement of installation of sanitary and storm sewers. The Applicant shall be notified, in writing, at least sixty (60) days prior to any revocation hearing.
b.
The Board may grant an extension for any phase or building site to commence construction for not more than one (1) additional year. Any extension herein provided for shall be filed with the Director prior to the expiration date for which the extension is being requested.
c.
In the event the rezoning ordinance is revoked after the revocation hearing, the Site Plan and Concept Plan shall terminate and the Commission shall within forty-five (45) days recommend initiation of a new Public Hearing before the Board to revert the Property to its prior classification in accord with the proceedings specified in Section 410.060, Petitions for Change, Filing Fee, Form and Contents. When a "PID" District has terminated by reason of provisions of this Subsection, no building permit shall be issued on that Property until a Public Hearing has been held for the purpose of reinstating the "PID" District or reversion of said Property to its prior zoning classification and action taken thereon by the Board.
9.
Unfinished Portions Of A Site Plan. Any ground in an unfinished phase of a Site Plan in the "PID" District not completed within one (1) year from the date of Site Plan approval by the Board shall be graded and seeded with a perennial grass seed. Said undeveloped ground shall be maintained with appropriate mowing and trimming to meet City standards, until it becomes an active construction site.
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Editor's Note: This ordinance also repealed former Section 475.070, "BP-4" Planned Business Park District.