(a)

Notwithstanding the provisions of section 44-5, there are hereby established three new corridor zone districts, enumerated hereafter. These corridor districts recognize the need of the city to commercialize certain major corridors with denser traffic-oriented frontages, and yet provide for neighborhood protection of existing properties. The purpose of establishing corridor districts is to provide for a method of planning for the rezoning of land fronting on such corridors.

(b)

Corridor zone districts shall be as follows:

(1)

Low-density commercial corridor zone.

(2)

Medium-density commercial corridor zone.

(3)

High-density commercial corridor zone.

(Code 1989, app. A, § 25-114; Ord. No. 10783, § 1, 8-3-1987; Ord. No. 11296, 6-16-1997)

The zoning of land to one of the corridor zone districts is intended to encourage innovative and imaginative site planning, to conserve natural resources, to minimize waste of land, and to maximize protection of property values. The following are objectives of corridor zoning:

(1)

A proposal to rezone land to a corridor zone district shall be subject to the same criteria relative to compliance with the comprehensive plan, land use policies, neighborhood compatibility, adequacy of streets and utilities and other elements, as is normal in rezoning deliberations;

(2)

The submittal by the developer and the approval of development plans by the planning commission and city council represents a firm commitment by the developer that development will indeed follow the approved plans in concept, intensity of use, aesthetic levels and quantities of open space;

(3)

Commercial areas will be planned and developed so as to soften the impact on nearby residential neighborhoods, and to assure minimum adverse effects on the street system and other services of the community;

(4)

The developer will be given latitude in using innovative techniques in the development of land not anticipated by standard zoning requirements.

(Code 1989, app. A, § 25-115; Ord. No. 10783, §1, 8-3-1987; Ord. No. 11296, 6-16-1997)

(a)

Corridor streets shall be those streets designated herein as such, and rezoning of property to a corridor zone district shall only be permitted with respect to property which abuts such corridor streets.

(b)

The following streets are hereby designated as corridor streets:

(1)

Baltimore Street on both sides, high density corridor zoning except the area from the north limit of Queens Road as extended, south to Cottonwood as extended, on both sides of Baltimore, and the area on the east side of Baltimore from the south boundary of Town and Country Subdivision to the northern city limit.

(2)

Jamison Street on both sides from Patterson Street to Route 11, for those uses permitted up to and including medium density corridor zoning, except that portion of the corridor on the west side of Jamison between East Normal and East McPherson shall be designated as low density corridor zoning.

(3)

Illinois Street north side, from Baltimore Street to the east city limits, high density corridor zoning, south side, from the west right-of-way of Cottage Grove to the east city limits, high density corridor zoning.

(4)

Green/Marion Street, from Highway 63/North Baltimore Street south to area currently zoned M-1, designate both sides as high density corridor zoning.

(5)

U.S. Highway 63 locations:

a.

On the west of Highway 63, from a point 115 feet north of the north right-of-way line of Brewington Avenue, to a point to the northwest, following the land reserved for the outer road for 2,070 feet, and following the on-ramp of the highway, to a point 360 feet before the Business Highway 63 intersection.

b.

On the east of Highway 63, from a point 500 feet north of the Business Highway 63 intersection, to a point 750 feet south of Lincoln Street.

c.

On the east and west of Highway 63, from the north right-of-way line of Illinois Street, north 4,000 feet.

d.

On the east of Highway 63, from the south right-of-way line of Illinois Street, south to the line of the old CB&Q Railroad right-of-way.

e.

On the west of Highway 63, from a point 1,350 feet north of Shepherd Avenue right-of-way, south to the city limits.

f.

On the east of Highway 63, from Patterson Street south to the city limits.

(6)

North New Street and Rosewood Drive locations: All of that land enclosed within the triangle of Baltimore Street, North New Street, and Rosewood Drive is a combination of low, medium, and high density corridor zone properties.

(c)

Hereafter, the planning and zoning commission may designate additional streets as corridor streets. In addition, the planning and zoning commission may remove the designation of a corridor street as such.

(Code 1989, app. A, § 25-116; Ord. No. 11029, § 13(a), 4-6-1992; Ord. No. 11296, 6-16-1997; Ord. No. 11995, § 1, 3-19-2012; Ord. No. 12157, § 9, 4-20-2015)

(a)

The depth of all corridor zone districts shall be a maximum of 250 feet measured from the closest right-of-way line of the corridor street abutting such corridor zone district.

(b)

The maximum depth of a corridor zone district may be increased when the development contemplated by a proposal to rezone property to a corridor zone district will provide positive economic impact on the community as a whole, or when said development will not adversely affect surrounding property values. In such event, the maximum depth may be increased as follows:

(1)

An independent environmental specialist approved by the code enforcement director shall render a report in writing to the planning and zoning commission which addresses the impact of the development contemplated by the proposed rezoning. The report shall be at the sole cost of the developer and/or owner.

(2)

The maximum depth of the corridor zone district may not be increased except by the favorable vote of two-thirds of the members of the planning and zoning commission present at the rezoning hearing.

(Code 1989, app. A, § 25-117; Ord. No. 11029, § 13(b), 4-6-1992; Ord. No. 11296, 6-16-1997)

(a)

Low-density commercial corridor zone.

(1)

Professional offices (insurance, medical, dentists, lawyers, engineers and similar service-oriented offices) with no greater than five personnel, including staff and management.

(2)

Retail mercantile sales and service with 1,400 square feet or less of floor area assessable to customers.

(3)

Apartments, four units and less with not more than one bedroom per unit.

(4)

Uses similar to above approved by the planning and zoning commission or the zoning administrator.

(b)

Medium-density commercial corridor zone.

(1)

Uses permitted in the low-density commercial corridor zone.

(2)

Professional offices with greater than five personnel, including staff and management.

(3)

Retail mercantile sales and service with 5,000 square feet or less of floor space accessible to customers.

(4)

Apartments, five units and less with not more than two bedrooms per unit.

(5)

Floral shops, nurseries, greenhouses.

(6)

Banks, lending institutions.

(7)

Uses similar to above approved by the planning and zoning commission or the zoning administrator.

(c)

High-density commercial corridor zone.

(1)

Uses permitted in the medium-density commercial corridor zone.

(2)

Retail mercantile sales and service with 5,000 square feet or more floor space accessible to customers.

(3)

Apartments, six or more units.

(4)

Restaurants.

(5)

Theaters.

(6)

Nightclubs.

(7)

Hotels/motels.

(8)

Assembly/meeting halls.

(9)

Recreation facilities.

(10)

Uses similar to above approved by the planning and zoning commission or the zoning administrator.

(Code 1989, app. A, § 25-118; Ord. No. 11029, § 13(c), 4-6-1992; Ord. No. 11296, 6-16-1997)

(a)

Value system established. A point value system is hereby established for use by the planning and zoning commission and the zoning administrator in determining whether or not to recommend approval of a particular rezoning request to the city council. Recommendation to the city council to approve a particular rezoning request will not be given by the planning and zoning commission or the zoning administrator unless the minimum requisite number of points is accumulated.

(b)

Point assessment.

(1)

Corner lot: 75 points.

(2)

Corner lot 15,000 square feet and larger: 100 points.

(3)

Corner lot with full traffic signalization: 150 points.

(4)

Corner lot 15,000 square feet and larger, with full traffic signalization: 250 points.

(5)

Interior lot 10,000 square feet and larger: 75 points.

(6)

Interior lot 15,000 square feet and larger: 100 points.

(7)

Interior lot 20,000 square feet and larger: 150 points.

(8)

Setbacks from all property lines of 20 feet or greater in excess of the minimum requirement in equivalent C-3 district: 50 points.

(9)

Site screening (when developments occur where buildings, trash receptacles, parking or loading areas create neighbor discontent due to unsightly conditions, screening either by fencing, landscaping or earth berms is necessary): 100 points.

(10)

Low-profile signing and lighting (signs to be 25 feet high or less, measured from street curb with no more than one detached sign and one building attached fascia sign; lighting for parking or display to be so arranged as to provide lighting only on the property to be developed): 50 points.

(11)

Complete land use restriction (owner must agree to specifically restrict use and/or occupancy of the development): 100 points.

(c)

Points required.

(1)

Low-density commercial corridor zone: 250 points.

(2)

Medium-density commercial corridor zone: 350 points.

(3)

High-density commercial corridor zone: 450 points.

(Code 1989, app. A, § 25-119; Ord. No. 10783, § 1, 8-3-1987; Ord. No. 11029, § 13(c), 4-6-1992; Ord. No. 11296, 6-16-1997)

The standards of development in commercial corridor zone districts shall be as follows:

(1)

Parking. See article III of this chapter for off-street parking and loading regulations.

(2)

Minimum setbacks; main buildings.

a.

Front yard: 60 feet from centerline of the major street abutting the property.

b.

Side yard: Seven feet from property line.

c.

Rear yard: 20 feet from property line.

d.

Deviations. Where practical difficulties arise and where the planning and zoning commission finds ample evidence that a deviation from said minimum setback requirements will not adversely affect neighboring property, then the planning and zoning commission may at the preliminary plan stage approve deviations as follows:

1.

Side yard setback may be reduced to zero.

2.

Rear yard setback may be reduced to zero.

(3)

Stormwater drainage. All developments with over 25 percent in impervious surfaces must furnish adequate proof of stormwater management so as not to materially injure neighboring properties. This shall include complete engineering calculations and plans containing hydrological information on and off the site. The amount of engineering information may vary depending on the location of the development regarding surrounding properties and their relationship regarding stormwater problems. Such cases shall be reviewed by the city engineer prior to review of preliminary development plan by code enforcement director.

(4)

Maximum height.

a.

Low-density corridor zone: Buildings or structures shall not exceed 30 feet in height.

b.

Medium-density corridor zone: Buildings or structures shall not exceed 45 feet in height.

c.

High-density corridor zone: Buildings or structures shall not exceed 60 feet in height.

In cases where proposed buildings or structures exceed these height restrictions, they may be permitted to be erected no more than 150 feet in height provided that such buildings or structures shall have yards which shall be increased one foot on all sides for each additional foot that such building or structure exceeds these height restrictions.

(Code 1989, app. A, § 25-120; Ord. No. 10783, § 1, 8-3-1987; Ord. No. 11029, § 13(c), (d), 4-6-1992; Ord. No. 11296, 6-16-1997)

The procedures for zoning land to a commercial corridor zone shall be in accordance with the provisions of section 44-12(a) through (c), and (e), together with the following:

(1)

A tract of land may be rezoned, only upon application by the owner or owner's agent, and only upon approval of preliminary development plan. The proponent shall prepare and submit to the zoning administrator the following:

a.

A preliminary development plan showing the property to be included in the proposed development, plus the area within 200 feet thereof.

b.

The following items shall be included on the property to be developed:

1.

Existing topography with contours at five-foot intervals provided that, where natural slopes are sufficiently flat, the zoning administrator may require contours at lesser intervals. In the case of small tracts of land where grade changes are not critical to the quality of development, the zoning administrator may waive the contour information;

2.

Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets, and any existing casements;

3.

Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan;

4.

General extent and character of proposed landscaping.

c.

The following items shall be shown on the same drawing of the 200-foot adjacent area:

1.

Any public streets which are of record;

2.

Any drives which exist or which are proposed to the degree that they appear on plans on file with the city except those servicing single-family houses;

3.

Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the city. Single- and two-family residential buildings may be in approximate location and general size and shape.

d.

A schedule shall be included indicating total floor area of dwelling units, land area, parking spaces and other quantities relative to the submitted plan in order that compliance with chapter requirements can be determined.

(2)

The planning and zoning commission shall hold a public hearing on the zoning application, including the plan as provided by law. At such time as the development plan meets with the approval of the commission, the same shall be duly approved, properly endorsed and identified and sent on to the council for action.

(3)

Prior to issuance of building permits, the final plans and building and site improvements shall be submitted to the code enforcement director for review as to compliance with the development plan. The development may proceed in stages and final plans for each stage shall be submitted and approved prior to permit issuance. The final plans, in addition to building construction plans, shall include a landscape and screening plan showing species and size of all plant materials, areas to be seeded, sodded, etc., all to be in keeping with the development plan as approved.

(4)

If, in the judgment of the code enforcement director, the concept of development, as depicted on the final plans, deviates substantially from the concept of the preliminary development plan submitted for zoning, the code enforcement director shall deny the request for final plan approval.

(5)

The applicant, in case of denial, may apply for a new hearing with publication as required in this section and the commission and council may approve or deny the final plans after said hearing. All decisions of the planning commission may be appealed to the city council who may reverse or affirm the same.

(6)

In the event that construction of all improvements shown on the final plan is not completed within a period of three years following the date the preliminary plan was approved by the city council, then the zoning district classification for said tract of land shall automatically revert to its former classification immediately preceding such rezoning.

a.

In the event development proceeds in stages, then the construction of all improvements shown on the final plan for the first stage shall be completed within a period of three years following the date the preliminary plan was approved. The construction of all improvements shown on the final plan for each subsequent stage shall be completed within a period of three years following the date the final plan for that particular stage was approved. Failure to construct the improvements within the time periods specified herein shall cause the zoning district classification with respect to that portion of the tract of land shown on such final plan, together with all sequentially following stages, to automatically revert back to the zoning district classification immediately preceding such rezoning.

b.

Additionally, if from the original plan of corridor zoned developments, only a portion of the original tract is used with the new development, the remaining area (of the original plan) shall revert back to the zoning prior to corridor zoning.

(Code 1989, app. A, § 25-121; Ord. No. 10783, § 1, 8-3-1987; Ord. No. 11029, § 13(c), (e), 4-6-1992; Ord. No. 11296, 6-16-1997)

In case of a protest against such application for rezoning which is duly signed and acknowledged by the owners of 50 percent or more of the land within an area determined by lines drawn parallel to and 185 feet distant from the boundaries of the proposed corridor zone district, the following shall apply:

(1)

An independent environmental specialist approved by the code enforcement director shall render a report in writing to the planning and zoning commission which addresses the impact of the development contemplated by the proposed rezoning. The report shall be at the sole cost of the developer and/or owner;

(2)

The application for rezoning may not be approved except by the favorable vote of two-thirds of the members of the planning and zoning commission present at the rezoning hearing.

(Code 1989, app. A, § 25-122; Ord. No. 11029, § 13(f), 4-6-1992; Ord. No. 11296, 6-16-1997)