The purpose of this section is to create zoning districts, to specify the nature and components of the permitted development within them, and to establish regulations regarding the physical character and intensity of development in order to protect the public health, safety and welfare.

2.1.1. Zoning Districts Established. All land within the corporate limits of Midwest City shall be classified into one (1) of the following zoning districts:

(Ord. No. 3131, § 2, 10-26-10)

2.2.1. General Description. The purpose of this district is to permit agricultural uses. Also, low intensity residential, commercial, and institutional uses are permitted within this district.

2.2.2. District Use Regulations. Property and buildings in the A-1, Agricultural District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.2.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) and Section 5 Supplemental Regulations (Page 81).

(A)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(Ord. No. 3131, § 2, 10-26-10)

2.3.1. General Description. The R-35, Single-Family Detached Residential District is intended for single-family residences on lots of not less than 35,000 square feet in size. This district is estimated to yield a maximum density of 0.9 gross dwelling units per acre (DUA).

Additional uses for the district shall include churches, schools and public parks in logical neighborhood units.

2.3.2. District Use Regulations. Property and buildings in the R-35, Single-Family Detached Residential District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.3.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) and Section 5 Supplemental Regulations (Page 81).

(A)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98).

(Ord. No. 3131, § 2, 10-26-10)

2.4.1. General Description. The R-22, Single-Family Detached Residential District is intended for single-family residences on lots of not less than 22,000 square feet in size. This district is estimated to yield a maximum density of 1.4 gross dwelling units per acre (DUA).

Additional uses for the district shall include churches, schools and public parks in logical neighborhood units.

2.4.2. District Use Regulations. Property and buildings in the R-22, Single-Family Detached Residential District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.4.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) and Section 5 Supplemental Regulations (Page 81).

(A)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(Ord. No. 3131, § 2, 10-26-10)

2.5.1. General Description. The R-10, Single-Family Detached Residential District is intended for single-family residences on lots of not less than 10,000 square feet in size. This district is estimated to yield a maximum density of 3.1 gross dwelling units per acre (DUA).

Additional uses for the district shall include churches, schools and public parks in logical neighborhood units.

2.5.2. District Use Regulations. Property and buildings in the R-10, Single-Family Detached Residential District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.5.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) and Section 5 Supplemental Regulations (Page 81).

(A)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(Ord. No. 3131, § 2, 10-26-10)

2.6.1. General Description. The R-8, Single-Family Detached Residential District is intended for single-family residences on lots of not less than 8,000 square feet in size. This district is estimated to yield a maximum density of 3.9 gross dwelling units per acre (DUA).

Additional uses for the district shall include churches, schools and public parks in logical neighborhood units.

2.6.2. District Use Regulations. Property and buildings in the R-8, Single-Family Detached Residential District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.6.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) and Section 5 Supplemental Regulations (Page 81).

(A)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(Ord. No. 3131, § 2, 10-26-10)

2.7.1. General Description. The R-6, Single-Family Detached Residential District is intended for single-family residences on lots of not less than 6,000 square feet in size. This district is estimated to yield a maximum density of 5.1 gross dwelling units per acre (DUA).

Additional uses for the district shall include churches, schools and public parks in logical neighborhood units.

2.7.2. District Use Regulations. Property and buildings in the R-6, Single-Family Detached Residential District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.7.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) and Section 5 Supplemental Regulations (Page 81).

(A)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(Ord. No. 3131, § 2, 10-26-10)

2.8.1. General Description. This district allows two-family attached dwellings. The principal use of land is for two-family attached dwellings with provisions for accommodating the sale of individual attached units.

Related recreational, religious, and educational uses normally located to service residential areas are also permitted to provide the basic elements of convenient, balanced, and attractive living areas.

Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities and through consideration of the proper functional relationship and arrangement of each element.

2.8.2. District Use Regulations. Property and buildings in the R-2F, Two-family Residential District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.8.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) and Section 5 Supplemental Regulations (Page 81).

(A)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(Ord. No. 3131, § 2, 10-26-10)

2.9.1. General Description. This is a residential district to provide for medium density housing ranging from ten (10) to twenty (20) dwelling units per gross acre. The principal use of land is for townhouses and low-rise multifamily dwellings.

Related recreational, religious, and educational uses normally located to service residential areas are also permitted to provide the basic elements of convenient, balanced, and attractive living areas.

2.9.2. District Use Regulations. Property and buildings in the R-MD, Medium Density Residential District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.9.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) and Section 5 Supplemental Regulations (Page 81).

(A)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(B)

Site plan. A site plan shall be prepared in accordance with 7.5 Site Plan (Page 183) for any 4.2.3. Townhouse (Single-Family Attached) (Page 50), 4.2.4. Multifamily Residential (Page 50), or 4.2.8. Group Residential (Page 51) type use.

(Ord. No. 3131, § 2, 10-26-10)

2.10.1. General Description. This residential district is intended to provide for a density of more than twenty (20) units per gross acre. The principal use of land is for a wide variety of dwelling types.

Related recreational, religious, and educational uses normally located to service residential areas also are permitted to provide the basic elements of convenient, balanced, and attractive living areas.

2.10.2. District Use Regulations. Property and buildings in the R-HD, High Density Residential District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.10.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) and Section 5 Supplemental Regulations (Page 81).

(A)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(B)

Site plan. A site plan shall be prepared in accordance with 7.5 Site Plan (Page 183) for any 4.2.3. Townhouse (Single-Family Attached) (Page 50), 4.2.4. Multifamily Residential (Page 50), or 4.2.8. Group Residential (Page 51) type use.

(Ord. No. 3131, § 2, 10-26-10)

2.11.1. General Description. This is a restrictive residential district. The principal use of land is a free standing manufactured home used as a single residence. The purpose of this district is to provide a grouping of home sites within the setting of a residential subdivision for manufactured homes, which are not compatible with conventional housing and are normally permitted only in manufactured home parks or rural areas.

This district provides for individual lots to allow a manufactured home owner to own the property on which his home is situated.

Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air, and open space for manufactured homes and related facilities and through consideration of the proper functional relationship of each element.

A minimum subdivision size is established to assure that sufficiency of compatible housing types can be established to create a desirable environment and provide separation from conventional housing areas which may be nearby.

Related recreational, religious, and educational uses normally located to service residential areas also are permitted to provide the basic elements of convenient, balanced, and attractive living areas.

2.11.2. District Use Regulations. Property and buildings in the R-MH-1, Manufactured Home Subdivision District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.11.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) and Section 5 Supplemental Regulations (Page 81).

(A)

Minimum manufactured home subdivision size and standards. A manufactured home subdivision shall be rezoned and developed with a minimum subdivision size of ten (10) acres. The following standards specify requirements for individual lots within the subdivision. Chapter 23 (Reference Chapter 35 of 1972 Code) Manufactured Home Parks and Subdivisions should be consulted also for regulations pertaining to manufactured homes.

(B)

Screening and landscaping requirements. Manufactured home subdivisions shall be screened and landscaped in accordance with the provisions in 5.2 Screening and Landscaping (Page 81).

(C)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(D)

Site plan. A site plan shall be prepared in accordance with 7.5 Site Plan (Page 183) for any 4.2.3. Townhouse (Single-Family Attached) (Page 50), 4.2.4. Multifamily Residential (Page 50), or 4.2.8. Group Residential (Page 51) type use.

(Ord. No. 3131, § 2, 10-26-10)

2.12.1. General Description. This district permits locations for manufactured home parks which, while providing a residential environment, are not generally compatible with normal single-family and two-family residential developments.

These parks are under single ownership and provide leased or rented manufactured home spaces.

This district should provide for an orderly arrangement of home sites in manufactured home parks that have been located and designed in a manner that will promote and protect the health, safety, and general welfare of the residents.

2.12.2. District Use Regulations. Property and buildings in the R-MH-2, Manufactured Home Park District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.12.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) and Section 5 Supplemental Regulations (Page 81).

(A)

Minimum manufactured home park size and standards. The minimum area of any park shall be five (5) acres. In addition to the regulations contained within this section, Chapter 23 (Reference Chapter 35 of 1972 Code) Manufactured Home Parks and Subdivisions should also be consulted for regulations pertaining to manufactured homes.

(B)

Maximum intensity of development. Intensity of development shall be limited to no more than ten (10) manufactured homes per gross acre for a manufactured home park and no more than fifteen (15) travel trailers per gross acre for a travel trailer park.

(C)

Manufactured home spaces. Each manufactured home and travel trailer space shall have a minimum of not less than four thousand (4,000) square feet exclusive of parkland, access drive right-of-way and any other area which is a part of a community facility.

(D)

Screening and landscaping requirements. Manufactured home subdivisions shall be screened and landscaped in accordance with the provisions in 5.2 Screening and Landscaping (Page 81).

(E)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(F)

Site plan. A site plan shall be prepared in accordance with 7.5 Site Plan (Page 183) for any 4.2.3. Townhouse (Single-Family Attached) (Page 50), 4.2.4. Multifamily Residential (Page 50), or 4.2.8. Group Residential (Page 51) type use.

(Ord. No. 3131, § 2, 10-26-10)

2.13.1. General Description. The MIX, Mixed Use Overlay District is intended to permit establishment of integrated residential and nonresidential activities where appropriate and desirable, under conditions that assure an acceptable level of harmony among land uses.

The MIX, Mixed Use Overlay District supplements or modifies the standards of the underlying zoning districts.

The MIX, Mixed Use Overlay District shall be considered appropriate when in accordance with at least one of the following objectives:

Protect residential neighborhoods from encroachment of incompatible commercial, office, and industrial activities;

Promote development of vacant, bypassed lots in harmony with adjacent land use and the surrounding environment;

Encourage rehabilitation of older residential structures that are no longer economically attractive for single-family residential use;

Create land use patterns that promote energy and fiscal efficiency, and that increase the accessibility of daily activities; and

Create a mechanism for furthering adopted policies within the comprehensive plan for various centers of activity.

The MIX, Mixed Use Overlay District allows for more flexible locations for a variety of land use activities. Unlike the traditional zoning districts, compatible land use patterns within the MIX, Mixed Use Overlay District should generally not be achieved through the separation of different uses, but through more sensitive building and site design.

2.13.2. District Use Regulations. Property and buildings in the MIX, Mixed Use Overlay District shall be used only for the purposes listed within the underlying zoning district and as modified by the MIX, Mixed Use Overlay District as listed within Table 4.9-1: Use Chart (Page 75).

2.13.3. Development Regulations. Property and buildings shall conform to the related standards for the base zoning district listed within either Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) or Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Exceptions to development regulations for mixed use developments. For projects that include a mixture of residential and nonresidential uses, the following exceptions will apply to the standards within either Table 3.2-1: Residential Area Regulations and Standards Chart (Page 47) or Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48).

(1)

Minimum front setback. No minimum front setback is required, if a ten (10) foot wide sidewalk is constructed abutting the street. Notably, other restrictions, such as sight visibility, may apply.

(2)

Minimum side setback. No minimum side setback is required, if a ten (10) foot wide sidewalk is constructed abutting the street. Notably, other restrictions, such as sight visibility, may apply

(B)

Use Integration.

(1)

Multifamily uses shall only be provided within buildings that contain retailing and/or office uses on at least the ground floor of the building; multiple-family uses shall not be permitted on the ground floor of any structure.

(2)

Screening walls between varying types of uses shall not be required. If visual screening is needed, landscaping elements and earthen berms shall be used, in order to allow pedestrians to easily access every area of the development.

(C)

Off-Street Parking.

(1)

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(2)

Off-street parking areas with more than ten (10) parking spaces shall not be permitted in front of any structure that faces a major thoroughfare. When such parking is provided, it shall be screened by a perimeter landscaping strip, earthen berm, or other landscaped plant material, with a minimum width of five (5) feet. All other parking areas shall be located to the side or rear of the primary on-site buildings.

(3)

Shared Parking. A reduction in parking of a maximum of fifty (50) percent for each use may be permitted provided that:

a.

It can be established that two or more uses within the MIX District, applying jointly and concurrently for site plan approval, that will be sharing a parking area that may be on a property that is not under the same ownership as one or more of the uses to be served by the parking.

b.

The shared parking area has a capacity of at least the minimum number of spaces for the use having the greatest minimum requirement.

c.

All uses have their primary need for parking during offsetting periods so that the parking area will be utilized by only one (1) principal use at a time, and where the arrangement is documented through a long-term lease or other written agreement.

d.

Proper pedestrian access is provided such that pedestrians can access both uses within an acceptable distance and that such access is provided safely and conveniently to both uses.

(D)

Access.

(1)

Adequate access from different areas within a development shall be provided such that vehicles are not required to enter onto a perimeter street to move from one area to another with the same development.

(2)

Adequate access between nonresidential uses shall be provided such that vehicles are not required to enter onto a perimeter street to move from one nonresidential use to another; cross-access shall be required.

(E)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183).

(Ord. No. 3131, § 2, 10-26-10)

2.14.1. General Description. The TOD, Transit Oriented Development District is intended to provide a mixture of residential and nonresidential uses in a walkable, compact, and unified development design centered on a future or existing transit station. The average residential density of a TOD development should be approximately 30 to 50 dwelling units per gross acre.

2.14.2. District Use Regulations. Property and buildings in the TOD, Transit Oriented Development District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.14.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Front setback.

(1)

The maximum depth of a front setback shall be fifteen (15) feet.

(2)

The minimum depth of a front setback shall be ten (10) feet.

(B)

Building coverage.

(1)

The minimum coverage of the main and accessory buildings shall be fifty (50) percent of the lot area.

(2)

The maximum coverage of the main and accessory buildings shall be ninety (90) percent of the lot area.

(C)

Screening and landscaping requirements. Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of 5.2 Screening and Landscaping (Page 81). In addition, property not adjacent to a residential district shall be landscaped in accordance with the provisions in 5.2.5. General Landscaping Requirements (Page 85) and 5.2.6. Landscape Maintenance and Enforcement (Page 90).

(D)

Off-street parking.

(1)

All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(2)

Parking Reduction. In order to account for the multiple transportation options, the number of parking spaces required in 5.3 Parking and Loading (Page 91) maybe reduced by thirty-three (33) percent for each use.

(E)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183). The landscaping required above in 2.14.3.(C) Screening and landscaping requirements, shall be shown on the site plan.

(Ord. No. 3131, § 2, 10-26-10)

2.15.1. General Description. The HOS, Hospitality District is intended to provide a dynamic environment centered on tourist activities such as conferences, events, and meetings. The district will provide uses compatible with the tourism industry, such as hotels and restaurants.

Additionally, due to its proximity to higher educational uses, the district may be suitable for medium or high density residential uses developed under a 2.25 PUD, Planned Unit Development (Page 34) to address adjacency issues.

2.15.2. District Use Regulations. Property and buildings in the HOS, Hospitality District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.15.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Screening and landscaping requirements. Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of 5.2 Screening and Landscaping (Page 81). In addition, property not adjacent to a residential district shall be landscaped in accordance with the provisions in 5.2.5. General Landscaping Requirements (Page 85) and 5.2.6. Landscape Maintenance and Enforcement (Page 90).

(B)

Off-street parking, loading, and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(C)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183). The landscaping required above in 2.15.3.(A) Screening and landscaping requirements, shall be shown on the site plan.

(Ord. No. 3131, § 2, 10-26-10)

2.16.1. General Description. This commercial district is intended to provide a location for administrative and professional offices which can occupy low rise structures in a low density landscaped setting.

This district places a great emphasis on open spaces and aesthetic considerations in building construction and landscaping.

Development in this district can serve as a buffer between residential areas and other land uses.

2.16.2. District Use Regulations. Property and buildings in the O-1, Restricted Office District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.16.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Screening and landscaping requirement. Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of 5.2 Screening and Landscaping (Page 81). In addition, property not adjacent to a residential district shall be landscaped in accordance with the provisions in 5.2.5. General Landscaping Requirements (Page 85) and 5.2.6. Landscape Maintenance and Enforcement (Page 90).

(B)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(C)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183). The landscaping required above in 2.16.3. (A) Screening and landscaping requirement shall be shown on the site plan.

(Ord. No. 3131, § 2, 10-26-10)

2.17.1. General Description. This commercial district is intended to provide a location for offices at a higher density than that allowed in the restricted office district.

This district places an emphasis on building location and design in conjunction with landscaping.

This district should be located and designed so that it can be used as a buffer between residential areas and more intense land use activities.

2.17.2. District Use Regulations. Property and buildings in the O-2, General Office District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.17.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Screening and landscaping requirements. Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of 5.2 Screening and Landscaping (Page 81). In addition, property not adjacent to a residential district shall be landscaped in accordance with the provisions in 5.2.5. General Landscaping Requirements (Page 85) and Landscape Maintenance and Enforcement.

(B)

Off-street parking, loading, and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(C)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183). The landscaping required above in 2.17.3.(A) Screening and landscaping requirements, shall be shown on the site plan.

(Ord. No. 3131, § 2, 10-26-10)

2.18.1. General Description. This district is intended to provide a location for a limited number of retail commercial goods and personal services which serve the day-to-day needs of the residents of surrounding neighborhoods.

Because these shops and offices are lower intensity uses, they may be designed to be located along arterial streets in close proximity to housing areas or as limited service facilities in larger planned high density housing areas.

This district is limited to the types of uses that will not cause an adverse impact (i.e. noise, lighting, traffic) upon the surrounding area. Outdoor storage and display is not permitted.

2.18.2. District Use Regulations. Property and buildings in the C-1, Restricted Commercial District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.18.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Screening and landscaping requirement. Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of 5.2 Screening and Landscaping (Page 81). In addition, property not adjacent to a residential district shall be landscaped in accordance with the provisions in 5.2.5. General Landscaping Requirements (Page 85) and 5.2.6. Landscape Maintenance and Enforcement (Page 90).

(B)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(C)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183). The landscaping required above in 2.18.3.(A) Screening and landscaping requirement, shall be shown on the site plan.

(Ord. No. 3131, § 2, 10-26-10)

2.19.1. General Description. This commercial district is intended to provide for a unified grouping, in one (1) or more buildings, of retail shops, stores, and offices which are planned and developed as an operating unit and under single or multiple ownership.

A development will typically contain such features as shared parking, driveways, and common facilities, adequate setbacks and landscaping; and sufficient on-site parking for customers and employees.

Outdoor storage and display is not permitted.

2.19.2. District Use Regulations. Property and buildings in the C-2, Planned Shopping Center District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.19.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Screening and landscaping requirements. Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of 5.2 Screening and Landscaping (Page 81). In addition, property not adjacent to a residential district shall be landscaped in accordance with the provisions in 5.2.5. General Landscaping Requirements (Page 85) and 5.2.6. Landscape Maintenance and Enforcement (Page 90).

(B)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(C)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183). The landscaping required above in 2.19.3.(A) Screening and landscaping requirements, shall be shown on the site plan.

(Ord. No. 3131, § 2, 10-26-10)

2.20.1. General Description. This commercial district is intended for the conduct of business activity which is located at the edge of residential areas but which serves a larger trade area than the immediately surrounding residential neighborhoods.

Business uses will most often be found in a wide variety of commercial structures, normally on individual sites with separate ingress, egress, and parking. Because of the varied uses permitted, it is important to be separated as much as possible visually and physically from any nearby residential areas and to limit the harmful effects of increased traffic, noise, and general nonresidential activity which will be generated.

Limited outdoor storage, as defined below, and limited open display, as defined below, shall be permitted.

Traffic generated by the uses permitted shall be primarily passenger vehicles and only those trucks and commercial vehicles required for stocking and delivery of retail goods.

2.20.2. District Use Regulations. Property and buildings in the C-3, Community Commercial District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.20.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Additional standards for 4.4.20. Construction Sales and Services. Outdoor storage is prohibited for this use type within this district.

(B)

Additional standards for 4.4.12. Automotive Sales and Rentals: Light. Outdoor sales are prohibited for this use type within this district.

(C)

Limited outdoor storage. Limited outdoor storage shall be permitted under the following conditions:

(1)

Area must abut on the side or rear of a building being used by the person or firm desiring use of the outdoor storage area unless a fire lane must be maintained next to the building; if so, outdoor storage should be directly adjacent to the fire lane.

(2)

Area cannot exceed ten (10) percent of the gross floor area of the space occupied by the person or firm immediately adjacent thereto.

(3)

Storage must be on an improved surface and shall not be in the designated parking lot area for the business or location.

(4)

Area must be screened by a sight-proof fence conforming to 5.2.2.(B) Sight-proof fence (Page 81) of this Ordinance, except that the fence shall be eight (8) feet in height. Screening requirements shall not apply to vehicles or trailers maintaining a current certificate of registration and safety inspection certificate. Such current registration and certificate of safety inspection shall be shown on the vehicle or trailer.

(5)

Storage must be incidental to the abutting business.

(6)

All other requirements of the ordinances of Midwest City shall apply.

(D)

Limited permanent outdoor display. Limited permanent outdoor display shall be permitted under the following conditions:

(1)

Permanent limited outdoor display of merchandise or amusements on the sidewalk is limited to an area immediately in front of the occupied premises, and at all times a four-foot pedestrian aisle way, free of obstructions, shall be maintained.

(2)

Permanent limited outdoor display on a sidewalk shall be limited to coin operated merchandise dispensing devices, newspaper racks, ice dispensers or machines or coin operated children's amusements such as pony ride machines. Said display of amusements or coin-operated merchandise dispensing devices shall be limited to five (5) such devices of one type or another, or combinations of said devices not to exceed five (5) for each individual business; newspaper racks shall not be counted in determining total allowed devices. The above description of devices is not intended to be all inclusive but is intended to give a general example of the types of devices permitted.

(3)

No permanent display of merchandise of any type will be permitted in a designated parking lot area unless minimum parking requirements are met and shall not exceed ten (10) percent of gross floor area of the business.

(4)

No permanent display of amusement devices are permitted in any designated parking area.

(5)

All other requirements of the ordinances of Midwest City shall apply.

(E)

Temporary display of merchandise or amusements. Temporary display of merchandise or amusements shall be permitted on a sidewalk or in a parking lot under the following conditions:

(1)

Must be incidental to the business utilizing such display.

(2)

Must be on the sidewalk or parking lot immediately in front of or beside said business.

(3)

If on a sidewalk, a four-foot pedestrian aisle way shall be maintained at all times.

(4)

Shall not exceed seven (7) days during a calendar month except that seasonal merchandise may be maintained on the sidewalk or parking lot for the normal season of said merchandise.

(5)

Merchandise displayed in the parking lot shall not exceed ten (10) percent of the gross area of the business and shall not reduce the required number of parking spaces below the minimum required by this Ordinance.

(6)

All other requirements of the ordinances of Midwest City shall apply.

(F)

Screening and landscaping requirements. Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of 5.2 Screening and Landscaping (Page 81). In addition, property not adjacent to a residential district shall be landscaped in accordance with the provisions in 5.2.5. General Landscaping Requirements (Page 85) and 5.2.6. Landscape Maintenance and Enforcement (Page 90).

(G)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(H)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183). The landscaping required above in 2.20.3.(F) Screening and landscaping requirements, shall be shown on the site plan.

(Ord. No. 3131, § 2, 10-26-10)

2.21.1. General Description. This commercial district is designed for the conduct of personal and business services and the general retail trade of the community and the surrounding area.

Because the permitted uses may serve and employ large numbers of people, the activities conducted and traffic generated make this district very incompatible with residential development.

Therefore, this district should be utilized at points of direct access from freeways, expressways, and arterial intersections, or in areas identified for heavy commercial activity that will be well separated from nearby residential areas. Outdoor storage and display is permitted.

2.21.2. District Use Regulations. Property and buildings in the C-4, General Commercial District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.21.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Screening and landscaping requirement. Property abutting a residential district shall be screened and landscaped in accordance with all the provisions of 5.2 Screening and Landscaping (Page 81). In addition, property not adjacent to a residential district shall be landscaped in accordance with the provisions in Sections 5.2.5. General Landscaping Requirements (Page 85) and 5.2.6. Landscape Maintenance and Enforcement (Page 90).

(B)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(C)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183). The landscaping requirements above in 2.21.3.(A) Screening and landscaping requirements, shall be shown on the site plan.

(Ord. No. 3131, § 2, 10-26-10)

2.22.1. General Description. This industrial district is intended to accommodate low impact industrial development. Noise, odor, dust, and glare produced should be confined within an enclosed building, as well as any manufacturing, assembly, repair or work activity.

These industrial uses may require proper accessibility to air, rail, or street transportation routes, but the size and volume of the raw materials and finished products should not be as great as that produced by uses in the moderate and heavy industrial districts.

Outdoor storage of materials or products not actively offered for sale is permitted, but will require sight proof screening.

2.22.2. District Use Regulations. Property and buildings in the I-1, Light Industrial District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.22.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Screening and landscaping requirement. Property abutting a residential district shall be screened and landscaped in accordance with the provisions of 5.2 Screening and Landscaping (Page 81).

(B)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(C)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183).

(Ord. No. 3131, § 2, 10-26-10)

2.23.1. General Description. This industrial district is intended primarily for the conduct of light manufacturing, assembling, and fabrication, and for warehousing, wholesale, and service uses which may generate relatively low levels of noise, odor, smoke, dust, or intense light.

Industrial uses permitted may require proper accessibility to air, rail, or street transportation routes, but do not depend heavily on frequent personal visits of customers or clients.

Provision is also made for outdoor operations and storage.

2.23.2. District Use Regulations. Property and buildings in the I-2, Moderate Industrial District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.23.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Screening and landscaping requirement. Property abutting a residential district shall be screened and landscaped in accordance with the provisions of 5.2 Screening and Landscaping (Page 81).

(B)

Off-street parking, loading, and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(C)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183).

(Ord. No. 3131, § 2, 10-26-10)

2.24.1. General Description. This industrial district is intended to provide locations for those industrial uses which may generate relatively high levels of noise, vibrations, smoke, dust, odor, or light.

The industrial uses permitted in this district are generally incompatible with residential uses. For this reason it is desirable that they be located down wind and as far away as possible from residential, office, and most commercial uses.

2.24.2. District Use Regulations. Property and buildings in the I-3, Heavy Industrial District shall be used only for the purposes listed within Table 4.9-1: Use Chart (Page 75).

2.24.3. Development Regulations. Property and buildings shall conform to the related standards listed within Table 3.3-1: Mixed Use and Nonresidential Area Regulations and Standards Chart (Page 48) and Section 5 Supplemental Regulations (Page 81).

(A)

Screening and landscaping requirement. Property abutting a residential district shall be screened and landscaped in accordance with the provisions of 5.2 Screening and Landscaping (Page 81).

(B)

Off-street parking, loading, and access. All uses shall contain adequate space on private property to provide for parking, loading, and maneuvering of vehicles in accordance with regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(C)

Site plan. A site plan shall be developed in accordance with the provisions contained in 7.5 Site Plan (Page 183).

(Ord. No. 3131, § 2, 10-26-10)

2.25.1. General Provisions. The planned unit development, herein referred to as PUD, is a special zoning district category that provides an alternate approach to conventional land use controls to produce unique, creative, progressive, or quality land developments.

The PUD may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to a master development plan.

The PUD is subject to special review procedures within 7.3 PUD Application and Review (Page 174), and once approved by the City Council it becomes a special zoning classification for the property it represents.

2.25.2. Intent and Purpose. The intent and purpose of the planned unit development provisions are as follows:

(A)

Innovative land development. Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use, assuring compatibility with adjoining and proximate properties, and following the guidelines of the comprehensive plan.

(B)

Flexibility within developments. Permit flexibility within the development to maximize the unique physical features of the particular site.

(C)

Efficient use of land. Encourage efficient use of land, facilitate economic arrangement of buildings and circulation systems, and encourage diversified living environments and land uses.

(D)

Function, design, and diversity. Achieve a continuity of function and design within the development and encourage diversified living environments and land uses.

(E)

Modifications to development requirements. Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development and protect the health, safety and welfare of the community.

2.25.3. Planned Unit Development Authorized. A PUD may be authorized by an amendment to the official Zoning District Map after public hearings by the Planning Commission and City Council, provided it complies with the following requirements:

(A)

Location and uses. A PUD shall be considered a special zoning district; and it may be authorized for any use or combination of uses permitted in this Zoning Ordinance.

(B)

Planned unit development master plan required.

(1)

The basis for review and approval of a PUD application shall be the PUD master plan, which shall be adopted as a part of the ordinance of rezoning in conformance with the requirements described in these regulations.

(2)

The PUD master plan shall consist of two (2) following elements:

a.

The design statement; and

b.

The master development plan map.

(3)

The PUD master plan establishes residential densities, as well as amount, type, and general location of all land uses.

(4)

The PUD master plan shall serve as the basis for review and approval of all subdivision plats and building permits within the PUD.

(C)

Effect of planned unit development approval.

(1)

Approval of a zoning change to a PUD adopts the master plan prepared by the applicant and reviewed as a part of the application.

a.

The master plan establishes new and specific requirements for the amount and type of land use, residential densities, development regulations and location of specific elements of the development, such as open space and screening.

(2)

The PUD classification replaces any previous zoning district classification of a parcel.

(3)

All PUDs shall establish a conventional or base zoning district to identify all applicable uses and development regulations not specified within the PUD master plan.

a.

The conventional or base zoning district's use and development regulations standards shall be interpreted to be the most recently adopted version of the Zoning Ordinance.

b.

Uses and development regulations may either be adopted into or deleted from a base zoning district and said uses and development regulations shall be applicable to PUD.

2.25.4. Criteria for Planned Unit Development (PUD) Review and Approval. Because the PUD provides the opportunity for higher densities, greater design flexibility, mixed land uses, and improved marketability, the applicant should be prepared to provide amenities and services that might not be required or possible in a conventional development.

Review and approval of a PUD is, therefore, a process of negotiation between the city government and the applicant to achieve the intents and purposes of these regulations and the comprehensive plan.

The following factors should be specifically included as review criteria for the evaluation of a PUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals:

(A)

Design standards.

(1)

The proposed PUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the comprehensive plan and the land uses and zoning districts adjacent to it.

(2)

Design of the PUD may provide for modification of conventional Zoning Ordinance requirements for such elements as setback areas, densities, setbacks, and height on individual lots in accordance with the PUD master plan.

(3)

Density, land use, and intensity of use requirements shall be based on the PUD master plan and shall be in conformance with the comprehensive plan.

(4)

Building code requirements shall not be reduced in the design of a PUD.

(5)

The maximum number of dwelling units within a PUD shall be based on calculation of gross density.

a.

Gross density shall be established in the PUD master plan and shall be calculated by dividing the total land area to be developed for residential uses (exclusive of arterial streets) by the number of dwelling units.

(6)

Location and type of housing shall be established in a general pattern and shown on the master development plan map.

(B)

Minimum design and construction standards for street and alleys. Streets and alleys for PUDs shall be designed and constructed in accordance with city standards and specifications for right-of-way width and paving cross sections; provided that modifications may be requested and approved as part of the master plan if the following criteria are met:

(1)

Public streets and alleys. Proposed public street and alley modifications shall satisfy the following criteria:

a.

Street right-of-way and paving shall be adequate to provide a traffic carrying and utility installation capacity related to the design of the overall street system, the function of the individual street, and the land uses served.

b.

Paving cross sections shall be designed to be adequate to provide acceptable drainage inconformity with the drainage plan for the PUD; to receive loading commensurate with anticipated traffic based on the design of the overall street system; and to have a maintenance level commensurate with that of facilities constructed to regular standards.

(2)

Private streets and alleys. Proposed private street and alley modifications shall satisfy the criteria for public facility modifications listed above and the following:

a.

Private streets shall not be connected to an adjacent parcel which is not a part of the PUD in a manner that will circulate traffic into and through the private street system.

b.

The owner/applicant shall clearly demonstrate the existence and capabilities of a property owners association to provide the ongoing and long-term maintenance of the private street and alley facilities that will not be provided by the city.

(C)

General design and development guidelines.

(1)

Intensities. Proposed developments shall conform to the general level of intensity outlined within the comprehensive plan and should be developed in a manner and at a scale that will be compatible with adjacent developed neighborhoods.

(2)

Amenities. Amenities should be considered as an important justification for development and city approval of a PUD.

a.

Where gross or net densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed, usable open space should be furnished along with provision for its permanent retention and continued maintenance. Sidewalks and pedestrian ways should be planned where it is necessary to provide for amenities and public safety.

(3)

Minimum land area and frontage. The minimum area and frontage for a PUD request involving office, commercial or industrial land uses should generally be at least the minimum required by the conventional zoning associated with the proposal.

(4)

Streets.

a.

Street design should be innovative and should restrict through traffic from residential areas as much as possible.

b.

Encouragement should be given to the design of short local streets serving limited areas, such as the residential cul-de-sac.

c.

Local street right-of-way widths may be reduced to thirty (30) feet. However, a ten (10) foot easement shall be provided where utilities or sidewalks are proposed. These easements may be omitted when a letter can be provided from each utility company stating that they have no present or future need for a utility easement in the area which abuts the street.

d.

Development of a private street system should be considered appropriate under certain conditions where there is no through traffic. However a private street system should not serve as a reason for reduction of minimum design and paving standards.

e.

On-street parking bays or other similar areas where vehicles must be backed into the traffic flow should not be approved on arterial or collector streets or any local street; provided, however that certain cul-de-sac or small loop street designs may be considered as appropriate.

(5)

Parking. If the front building line in residential areas is less than twenty (20) feet, the Planning Commission and City Council may require additional guest parking at the suggested rate of one additional space per 7.5 units.

(6)

Relationship to abutting uses.

a.

The master development plan map should show graphically the treatments that will be employed to separate the PUD from abutting properties, including commitments to landscaping, screening, earthen berms, or similar techniques.

b.

It is appropriate to specifically establish areas with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower intensity area.

(7)

Mixed land use developments. Where a PUD proposes a mix of uses which would generally be incompatible with a conventional development, the PUD master plan should specifically establish appropriate guidelines to assure a harmonious development.

(8)

Common access. In commercial or industrial developments, the PUD master plan should establish specific standards and locations for common access driveways both within the development and abutting arterial streets. Approval of the bonus provisions in 5.3.2. Off-Street Parking Standards (Page 93) of this Ordinance for shared parking facilities should only be authorized in PUD where this access commitment is provided in the PUD master plan.

(Ord. No. 3131, § 2, 10-26-10)

2.26.1. General Provisions. The simplified planned unit development, herein referred to as SPUD, is a special zoning district that provides an alternate approach to conventional land use controls to produce unique, creative, progressive, or quality land developments.

The SPUD may be used for particular tracts or parcels of land that are to be developed as one unit according to a master development plan map.

The SPUD is subject to special review procedures within 7.4 SPUD Application and Review (Page 179) and once approved by the City Council it becomes a special zoning classification for the property it represents.

2.26.2. Intent and Purpose. The intent and purpose of the simplified planned unit development provisions are to ensure:

(A)

Innovative development. Encourage innovative development and protect the health, safety and welfare of the community;

(B)

Efficient use of land. Encourage efficient use of land, facilitate economic arrangement of buildings and circulation systems;

(C)

Appropriate limitations and compatibility. Maintain appropriate limitations on the character and intensity of use, assuring compatibility with adjoining and proximate properties, and following the guidelines of the comprehensive plan.

2.26.3. Simplified Planned Unit Development Authorized. A SPUD may be authorized by an amendment to the official Zoning District Map after public hearings by the Planning Commission and City Council, provided it complies with the following requirements:

(A)

Location and uses. A SPUD shall be considered a special zoning district, and it may be authorized for only one conventional zoning district as permitted in this Ordinance.

(B)

Simplified planned unit development master plan required.

(1)

The basis for review and approval of a SPUD application shall be the SPUD master plan, which shall be adopted as a part of the ordinance of rezoning in conformance with the requirements described in the regulations.

(2)

The SPUD master plan shall consist of two (2) elements:

a.

The design statement on an application form provided by staff; and

b.

The master development plan map.

(3)

The SPUD master plan establishes residential densities, if appropriate, as well as the amount, type and general location of all land uses.

(4)

The SPUD master plan shall serve as the basis for review and approval of all subdivision plats and building permits within the SPUD.

(C)

Effect of simplified planned unit development approval.

(1)

Approval of a zoning change to a SPUD adopts the master plan prepared by the applicant and reviewed as a part of the application.

a.

The master plan establishes new and specific requirements for the amount and type of land use, residential densities, if appropriate, development regulations and location of specific elements of the development, such as open space and screening.

(2)

The SPUD classification replaces any previous zoning district classification of a parcel.

(3)

Where there is no provision in the SPUD master plan for use or special development regulations, the requirements of the conventional zoning district in which a proposed use or a structure is permitted shall be applied to the development.

a.

One conventional zoning district shall regulate all uses and development regulations not identified as being modified.

b.

The conventional zoning district's use and development regulations standards shall be interpreted to be the most recently adopted version of the Zoning Ordinance.

c.

Uses and development regulations may either be adopted into or deleted from a conventional zoning district and said uses and development regulations shall be applicable within the SPUD.

2.26.4. Criteria for Simplified Planned Unit Development (SPUD) Review and Approval. The applicant should be prepared to provide amenities and services that may not be required or possible in a conventional development.

Review and approval of a SPUD is therefore a process of negotiation between the city government and the applicant to achieve the intents and purposes of these regulations and the comprehensive plan.

The following factors should be specifically included as review criteria for the evaluation of a SPUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals:

(A)

Design standards.

(1)

The proposed SPUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the comprehensive plan and the land uses and zoning districts adjacent to it.

(2)

Design of the SPUD shall be governed by the regulations of only one conventional zoning district; the use regulations of the conventional zoning district can only be modified to decrease, not increase, the number of allowed uses (permitted, special use permits); and the development regulations of the conventional zoning district are modified only to make them more restrictive, not less restrictive.

(3)

Density, land use, and intensity shall be based on the SPUD master plan and shall be in conformance with the comprehensive plan.

(4)

Building code requirements shall not be reduced in the design of a SPUD.

(5)

The maximum number of dwelling units within a SPUD shall be based on calculation of gross density.

a.

Gross density shall be established in the SPUD master plan and shall be calculated by dividing the total land area to be developed for residential uses (exclusive of arterial streets) by the number of dwelling units.

(6)

Location and type of housing shall be established in a general pattern and shown on the master development plan map.

(B)

Minimum design and construction standards for streets and alleys. Streets and alleys for SPUDs shall be designed and constructed in accordance with city standards and specifications for right-of-way width and paving cross sections.

(1)

Public streets and alleys. Proposed public street and alleys shall satisfy the following criteria:

a.

Street right-of-way and paving shall provide a traffic carrying and utility installation capacity related to the design of the overall street system, the function of the individual street, and the land uses served.

b.

Paving cross sections shall be designed to provide drainage in conformity with the drainage plan for the SPUD; to receive loading commensurate with anticipated traffic based on the design of the overall street system; and to have a maintenance level commensurate with that of facilities constructed to regular standards.

(2)

Private streets and alleys. Proposed private streets and alleys shall satisfy the criteria for public facility listed above and the following:

a.

Private streets shall not be connected to an adjacent parcel which is not a part of the SPUD in a manner that will circulate traffic into and through the private street system.

b.

The owner/applicant shall clearly demonstrate the existence and capabilities of a property owners' association to provide the ongoing and long-term maintenance of the private street and alley facilities that will not be provided by the city.

(C)

General design and development guidelines.

(1)

Intensities. Proposed developments shall conform to the general level of intensity within the comprehensive plan and should be developed in a manner and at a scale that will be compatible with adjacent developed neighborhoods.

(2)

Amenities. Amenities should be considered as an important justification for development and city approval of a SPUD.

a.

The applicant should be prepared to provide amenities and services that may not be required or possible in a conventional development such as additional landscaping, usable open space, fencing, curb cuts, limits of no access, sidewalks and pedestrian ways where it is necessary to provide for public safety, signage, etc., to provide development compatible with adjacent developments and neighborhoods.

(3)

Land area and frontage.

a.

The minimum area and frontage for a SPUD request shall be at least the minimum required by the conventional zoning associated with the proposal.

b.

The maximum area for the tract, parcel or land shall be no more than two (2) acres in size.

(4)

Streets.

a.

Street design should be innovative and should restrict through traffic from residential areas as much as possible.

b.

Encouragement should be given to design of short local streets serving limited areas, such as the residential cul-de-sac.

c.

Local street right-of-way widths shall not be reduced. Utility easements shall be provided as required by ordinance unless the applicant can provide a letter from each utility company stating that they have no present or future need for a utility easement in the area which abuts the street.

d.

Development of a private street system should be considered appropriate under certain conditions where there is no through traffic.

e.

On-street parking bays or other similar areas where vehicles must be backed into the traffic flow shall not be approved.

(5)

Off-street parking, loading and access. All uses shall contain adequate space on private property to provide for parking, loading and maneuvering of vehicles in accordance with the regulations established in 5.3 Parking and Loading (Page 91) of which Table 5.3-2: Specific Parking Requirements (Page 98) is included.

(6)

Relationship to abutting uses.

a.

The master development plan map should show graphically the treatment that will be employed to separate the SPUD from abutting properties, including commitments to landscaping, screening, earthen berms, or similar techniques.

b.

It is appropriate to specifically establish areas with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower intensity area.

(7)

Common access. In office, commercial or industrial developments, the SPUD master plan should establish specific standards and locations for common access driveways both within the development and abutting arterial streets. Approval of the bonus provisions in 5.3.2. Off-Street Parking Standards (Page 93) of the Zoning Ordinance for shared parking facilities should only be authorized in a SPUD where this access commitment is provided in the SPUD master plan.

(Ord. No. 3131, § 2, 10-26-10)