Merriam City Zoning Code

ARTICLE IV

- PLANNED DISTRICTS

Sec. 74-295. - Established.

Planned zoning procedures are hereby incorporated in this chapter. Planned zoning districts and their equivalent districts are as follows:

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

(Ord. No. 54, art. 4, § 4-401, 12-4-1958)

Effective on: 1/1/1901

Sec. 74-296. - Objectives; administration; standards; application procedure.

Statement of objectives. The zoning of land to one of the planning districts shall be for the purpose of encouraging and requiring orderly development on a quality level equal to or greater than that of the equivalent standard zoning districts, but permitting deviations from normal and established development techniques. The use of planned zoning procedures is intended to encourage large scale development tracts, efficient development of small tracts, innovative and imaginative site planning, conservation of natural resources and minimum waste of land. The following are specific guidelines to be applied in the consideration and administration of planned districts.

A proposal to rezone land to a planned 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.
The application by the developer and the approval by the city of development plans represents a firm commitment by the developer that development will indeed follow the approved plans.
Deviations in yard requirements, setbacks and relationships between buildings as set out in the zoning district regulations may be approved if it is deemed that other amenities or conditions produce an equal or higher standard and quality of development.
Commercial areas will be planned and developed so as to result in attractive, viable and safe centers and clusters, as opposed to strip patterns along thoroughfares. Control of vehicular access, architectural quality, landscaping and signs will be exercised to soften the impact on nearby residential neighborhoods, and to ensure minimum adverse effects on the street system and other services of the community.
The developer may be given latitude in using innovative techniques in the development of land not feasible under application of standard zoning requirements. However, planned zoning shall not be used as a refuge from the requirements of these zoning regulations as to intensity of land use, amount of open space or other established development criteria.
No use will be permitted in the planned district that is not clearly permitted in the equivalent district.
For the purpose of this chapter, the terms shopping center, business park, office park, industrial park, or any similar grouping of buildings means developments that were planned as an integrated unit or cluster on property under unified control or ownership at the time the zoning was approved by the city. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with development standards, architectural quality, sign concepts and other conditions that were committed to at the time of rezoning.

Local administration agency. The agency having the authority to administer the planned zoning procedures and implementation of projects in connection therewith shall be the city planning commission, together with the city planning staff assigned to assist such commission, subject to approval by the city council.

Standards of development.

The maximum height of buildings and structures shall be as set out in the equivalent district.
The intensity of land use, the bulk of buildings, the concentration of population, and the amount of open space, light and air shall be comparable to that required in the equivalent zoning district.
The permitted uses shall be as set out in the equivalent district; provided, however, limitations may be placed on the occupancy of certain premises, if such limitation is deemed essential to the health, safety or general welfare of the community.
The city planning commission may require assurance of the financial and administrative capabilities of any agency created by a developer for the purpose of maintaining common open space and facilities of a nonpublic nature.
The city planning commission and the city council may, in the process of approving preliminary and final plans, approve deviations from the minimum standards in the equivalent districts. Deviations may be granted by the city planning commission and the city council only where there is ample evidence that the deviation will not adversely affect neighboring property, nor will it constitute the mere granting of a privilege.
Reduction of setbacks or other open space shall be compensated by additional open space in other appropriate portions of the project. In all cases, such deviation shall be in keeping with good land planning principles, and must be specifically set out in the minutes of the planning commission, as well as on plans and other exhibits in the records. The parking requirements shall, at a minimum, follow the existing district requirements.
The design of all planned projects, whether commercial or industrial, shall be such that adequate access and circulation by firefighting equipment is ensured and may not be retarded by steep grades, heavy landscaping or building spaces.

Zoning application procedure for planned districts.

Rezoning applications. Applications for rezoning to one of the planned districts shall be administered in the same manner set out in section 50-48.
Preliminary development plan.
1. General construction work, as hereinafter defined, shall be prohibited in a planned zoning district without an approved final development plan. A preliminary development plan may accompany a rezoning application or may be submitted separately in the case of existing planned zoning districts. In either case, the plan shall be administered in the manner prescribed above for rezoning applications and as follows:
1. The plan shall be reviewed by the planning commission and forwarded with its recommendations to the city council.
2. The city council shall approve, modify or deny the recommendation; or it may return the plan to the planning commission for further study.
  1. Plan contents. Section 74-707(a) will be considered as a guideline in determining the information to be included with the preliminary development plan.
  2. General construction work, definition. General construction work, for determining whether a final development plan will be required in a planned zoning district, consists of a scope of work contained in any one of the following improvements:
1. Construction of any new building on the site;
2. Additions to a building exceeding five percent of the existing floor area;
3. Significant changes to a building exterior relative to building construction materials, color, appearance and signage; or
4. Significant changes to the site relative to drainage, grading, parking and driveway layout, landscaping, fencing, signage or other site improvements.
Final development plan. General construction work, as defined above, shall be prohibited in a planned zoning district without a final development plan approved by the planning commission, except when such approval is specifically included in an approved preliminary development plan. Final development plans shall not be approved without prior approval of preliminary development plans and shall not deviate significantly from approved preliminary plans.
Permitted uses in planned zoning districts. Except as otherwise herein provided, the uses contained in the list of permitted uses in C-O, C-1, C-2, C-3 and I-1 zoning districts are also permitted in CP-O, CP-1, CP-2, CP-3 and IP-1 zoning districts, respectively. Such permitted uses or changes from one permitted use to another permitted use are allowed without further zoning approval by the city, unless uses are specifically limited by an approved preliminary development plan.
Conditional uses in planned zoning districts. Conditional uses contained in the list of conditional uses in C-O, C-1, C-2, C-3 and I-1 zoning districts shall not be permitted in planned zoning districts unless specifically allowed by an approved preliminary and a final development plan.

(Ord. No. 54, art. 4, § 4-402, 12-4-1958)

Effective on: 1/1/1901

Secs. 74-297—74-325. - Reserved.

Effective on: 1/1/1901

Merriam City Zoning Code

ARTICLE IV

- PLANNED DISTRICTS

Sec. 74-295. - Established.

Planned zoning procedures are hereby incorporated in this chapter. Planned zoning districts and their equivalent districts are as follows:

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

(Ord. No. 54, art. 4, § 4-401, 12-4-1958)

Effective on: 1/1/1901

Sec. 74-296. - Objectives; administration; standards; application procedure.

A proposal to rezone land to a planned 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.
The application by the developer and the approval by the city of development plans represents a firm commitment by the developer that development will indeed follow the approved plans.
Deviations in yard requirements, setbacks and relationships between buildings as set out in the zoning district regulations may be approved if it is deemed that other amenities or conditions produce an equal or higher standard and quality of development.
Commercial areas will be planned and developed so as to result in attractive, viable and safe centers and clusters, as opposed to strip patterns along thoroughfares. Control of vehicular access, architectural quality, landscaping and signs will be exercised to soften the impact on nearby residential neighborhoods, and to ensure minimum adverse effects on the street system and other services of the community.
The developer may be given latitude in using innovative techniques in the development of land not feasible under application of standard zoning requirements. However, planned zoning shall not be used as a refuge from the requirements of these zoning regulations as to intensity of land use, amount of open space or other established development criteria.
No use will be permitted in the planned district that is not clearly permitted in the equivalent district.
For the purpose of this chapter, the terms shopping center, business park, office park, industrial park, or any similar grouping of buildings means developments that were planned as an integrated unit or cluster on property under unified control or ownership at the time the zoning was approved by the city. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with development standards, architectural quality, sign concepts and other conditions that were committed to at the time of rezoning.

Standards of development.

The maximum height of buildings and structures shall be as set out in the equivalent district.
The intensity of land use, the bulk of buildings, the concentration of population, and the amount of open space, light and air shall be comparable to that required in the equivalent zoning district.
The permitted uses shall be as set out in the equivalent district; provided, however, limitations may be placed on the occupancy of certain premises, if such limitation is deemed essential to the health, safety or general welfare of the community.
The city planning commission may require assurance of the financial and administrative capabilities of any agency created by a developer for the purpose of maintaining common open space and facilities of a nonpublic nature.
The city planning commission and the city council may, in the process of approving preliminary and final plans, approve deviations from the minimum standards in the equivalent districts. Deviations may be granted by the city planning commission and the city council only where there is ample evidence that the deviation will not adversely affect neighboring property, nor will it constitute the mere granting of a privilege.
Reduction of setbacks or other open space shall be compensated by additional open space in other appropriate portions of the project. In all cases, such deviation shall be in keeping with good land planning principles, and must be specifically set out in the minutes of the planning commission, as well as on plans and other exhibits in the records. The parking requirements shall, at a minimum, follow the existing district requirements.
The design of all planned projects, whether commercial or industrial, shall be such that adequate access and circulation by firefighting equipment is ensured and may not be retarded by steep grades, heavy landscaping or building spaces.

Zoning application procedure for planned districts.

Rezoning applications. Applications for rezoning to one of the planned districts shall be administered in the same manner set out in section 50-48.
Preliminary development plan.
1. General construction work, as hereinafter defined, shall be prohibited in a planned zoning district without an approved final development plan. A preliminary development plan may accompany a rezoning application or may be submitted separately in the case of existing planned zoning districts. In either case, the plan shall be administered in the manner prescribed above for rezoning applications and as follows:
1. The plan shall be reviewed by the planning commission and forwarded with its recommendations to the city council.
2. The city council shall approve, modify or deny the recommendation; or it may return the plan to the planning commission for further study.
  1. Plan contents. Section 74-707(a) will be considered as a guideline in determining the information to be included with the preliminary development plan.
  2. General construction work, definition. General construction work, for determining whether a final development plan will be required in a planned zoning district, consists of a scope of work contained in any one of the following improvements:
1. Construction of any new building on the site;
2. Additions to a building exceeding five percent of the existing floor area;
3. Significant changes to a building exterior relative to building construction materials, color, appearance and signage; or
4. Significant changes to the site relative to drainage, grading, parking and driveway layout, landscaping, fencing, signage or other site improvements.
Final development plan. General construction work, as defined above, shall be prohibited in a planned zoning district without a final development plan approved by the planning commission, except when such approval is specifically included in an approved preliminary development plan. Final development plans shall not be approved without prior approval of preliminary development plans and shall not deviate significantly from approved preliminary plans.
Permitted uses in planned zoning districts. Except as otherwise herein provided, the uses contained in the list of permitted uses in C-O, C-1, C-2, C-3 and I-1 zoning districts are also permitted in CP-O, CP-1, CP-2, CP-3 and IP-1 zoning districts, respectively. Such permitted uses or changes from one permitted use to another permitted use are allowed without further zoning approval by the city, unless uses are specifically limited by an approved preliminary development plan.
Conditional uses in planned zoning districts. Conditional uses contained in the list of conditional uses in C-O, C-1, C-2, C-3 and I-1 zoning districts shall not be permitted in planned zoning districts unless specifically allowed by an approved preliminary and a final development plan.

(Ord. No. 54, art. 4, § 4-402, 12-4-1958)

Effective on: 1/1/1901

Secs. 74-297—74-325. - Reserved.

Effective on: 1/1/1901

Merriam City Zoning Code

ARTICLE IV

- PLANNED DISTRICTS

Sec. 74-295. - Established.

Planned zoning procedures are hereby incorporated in this chapter. Planned zoning districts and their equivalent districts are as follows:

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

Planned Districts		Equivalent District
CP-O	Planned Office Business	C-O
CP-1	Planned Neighborhood Shop	C-1
CP-2	Planned Retail Business	C-2
CP-3	Planned General Commercial	C-2
IP-1	Planned Light Industrial	I-1

(Ord. No. 54, art. 4, § 4-401, 12-4-1958)

Effective on: 1/1/1901

Sec. 74-296. - Objectives; administration; standards; application procedure.

A proposal to rezone land to a planned 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.
The application by the developer and the approval by the city of development plans represents a firm commitment by the developer that development will indeed follow the approved plans.
Deviations in yard requirements, setbacks and relationships between buildings as set out in the zoning district regulations may be approved if it is deemed that other amenities or conditions produce an equal or higher standard and quality of development.
Commercial areas will be planned and developed so as to result in attractive, viable and safe centers and clusters, as opposed to strip patterns along thoroughfares. Control of vehicular access, architectural quality, landscaping and signs will be exercised to soften the impact on nearby residential neighborhoods, and to ensure minimum adverse effects on the street system and other services of the community.
The developer may be given latitude in using innovative techniques in the development of land not feasible under application of standard zoning requirements. However, planned zoning shall not be used as a refuge from the requirements of these zoning regulations as to intensity of land use, amount of open space or other established development criteria.
No use will be permitted in the planned district that is not clearly permitted in the equivalent district.
For the purpose of this chapter, the terms shopping center, business park, office park, industrial park, or any similar grouping of buildings means developments that were planned as an integrated unit or cluster on property under unified control or ownership at the time the zoning was approved by the city. The sale, subdivision or other partition of the site after zoning approval does not exempt the project or portions thereof from complying with development standards, architectural quality, sign concepts and other conditions that were committed to at the time of rezoning.

Standards of development.

The maximum height of buildings and structures shall be as set out in the equivalent district.
The intensity of land use, the bulk of buildings, the concentration of population, and the amount of open space, light and air shall be comparable to that required in the equivalent zoning district.
The permitted uses shall be as set out in the equivalent district; provided, however, limitations may be placed on the occupancy of certain premises, if such limitation is deemed essential to the health, safety or general welfare of the community.
The city planning commission may require assurance of the financial and administrative capabilities of any agency created by a developer for the purpose of maintaining common open space and facilities of a nonpublic nature.
The city planning commission and the city council may, in the process of approving preliminary and final plans, approve deviations from the minimum standards in the equivalent districts. Deviations may be granted by the city planning commission and the city council only where there is ample evidence that the deviation will not adversely affect neighboring property, nor will it constitute the mere granting of a privilege.
Reduction of setbacks or other open space shall be compensated by additional open space in other appropriate portions of the project. In all cases, such deviation shall be in keeping with good land planning principles, and must be specifically set out in the minutes of the planning commission, as well as on plans and other exhibits in the records. The parking requirements shall, at a minimum, follow the existing district requirements.
The design of all planned projects, whether commercial or industrial, shall be such that adequate access and circulation by firefighting equipment is ensured and may not be retarded by steep grades, heavy landscaping or building spaces.

Zoning application procedure for planned districts.

Rezoning applications. Applications for rezoning to one of the planned districts shall be administered in the same manner set out in section 50-48.
Preliminary development plan.
1. General construction work, as hereinafter defined, shall be prohibited in a planned zoning district without an approved final development plan. A preliminary development plan may accompany a rezoning application or may be submitted separately in the case of existing planned zoning districts. In either case, the plan shall be administered in the manner prescribed above for rezoning applications and as follows:
1. The plan shall be reviewed by the planning commission and forwarded with its recommendations to the city council.
2. The city council shall approve, modify or deny the recommendation; or it may return the plan to the planning commission for further study.
  1. Plan contents. Section 74-707(a) will be considered as a guideline in determining the information to be included with the preliminary development plan.
  2. General construction work, definition. General construction work, for determining whether a final development plan will be required in a planned zoning district, consists of a scope of work contained in any one of the following improvements:
1. Construction of any new building on the site;
2. Additions to a building exceeding five percent of the existing floor area;
3. Significant changes to a building exterior relative to building construction materials, color, appearance and signage; or
4. Significant changes to the site relative to drainage, grading, parking and driveway layout, landscaping, fencing, signage or other site improvements.
Final development plan. General construction work, as defined above, shall be prohibited in a planned zoning district without a final development plan approved by the planning commission, except when such approval is specifically included in an approved preliminary development plan. Final development plans shall not be approved without prior approval of preliminary development plans and shall not deviate significantly from approved preliminary plans.
Permitted uses in planned zoning districts. Except as otherwise herein provided, the uses contained in the list of permitted uses in C-O, C-1, C-2, C-3 and I-1 zoning districts are also permitted in CP-O, CP-1, CP-2, CP-3 and IP-1 zoning districts, respectively. Such permitted uses or changes from one permitted use to another permitted use are allowed without further zoning approval by the city, unless uses are specifically limited by an approved preliminary development plan.
Conditional uses in planned zoning districts. Conditional uses contained in the list of conditional uses in C-O, C-1, C-2, C-3 and I-1 zoning districts shall not be permitted in planned zoning districts unless specifically allowed by an approved preliminary and a final development plan.

(Ord. No. 54, art. 4, § 4-402, 12-4-1958)

Effective on: 1/1/1901

Secs. 74-297—74-325. - Reserved.

Effective on: 1/1/1901