A.

Intent/Purpose. The special standards established in this Section for the planned unit development (PUD) Zoning District are intended to:

1.

Encourage opportunities for development innovation tailored to a particular site which, while clearly furthering the goals of the Comprehensive Master Plan, could not explicitly be established by generally applied standards or guidelines;

2.

Allow mixed-use development which offers a greater variety in type, design, and layout of buildings;

3.

Encourage conservation of land and more efficient use of open space;

4.

Permit modification of certain controls in a manner intended to produce large area development arranged to better serve community needs.

5.

Within existing Zoning Districts or Zoning Districts which may be created in the future, the PUD Zoning District is intended to permit the establishment of new PUD Zoning Districts for specialized purposes where tracts suitable in location, area, and character for the proposed structures and uses are proposed to be planned and developed on a unified basis.

B.

Zoning District-Specific Definitions. For the purposes of these regulations, a "planned development" is:

1.

Land under single ownership or unified control, to be planned and developed as a whole;

2.

In a single development operation or approved programmed series of development operations, including all access, lands and buildings;

3.

Includes principal and accessory structures and uses substantially related to the character and purposes of the development itself and the surrounding area of which it will be a part;

4.

Developed according to comprehensive and detailed plans that include not only sewers, drainage, streets, utilities, lots and/or building sites and the like, but also site plans, floor plans, and elevations for all buildings as intended to be located, constructed, used and related to each other;

5.

With detailed plans and a program for provision, operation, and maintenance of such areas, improvements, facilities, uses and services as will be used in common by some or all of the occupants of, or visitors to, the planned development on the land as related to the buildings, but will not be provided, operated, or maintained at general public expense.

C.

Relation of PUD Regulations to General Zoning, Subdivision or Other Regulations; Variations on Equal Satisfaction of Public Purposes.

1.

These PUD regulations shall apply generally to the initiation and regulation of all PUD Zoning Districts. Where there are conflicts between the special PUD regulations herein and general Zoning, Subdivision or other regulations or requirements, these regulations shall apply in PUD Zoning Districts unless the City Council shall find, in the particular case, that provisions herein do not serve public purposes to a degree at least equal to such general Zoning, Subdivision, or other regulations or requirements.

2.

Where actions, designs, or solutions proposed by the applicant are not literally in accord with applicable PUD or general regulations, but the City Council makes a finding that in the particular case public purposes are satisfied to an equivalent or greater degree, the City Council may make specific modification of the regulations in the particular case, provided that where floor area and similar ratios (other than off-street parking requirements) have been established by PUD regulations, the City Council shall not act in a particular case to modify such ratios.

3.

Except as indicated above, notwithstanding procedures and requirements generally in effect, procedures and requirements set forth herein, and in guides and standards officially adopted as part of regulations for particular PUD Zoning Districts, shall apply in PUD Zoning Districts, to any amendments creating such Zoning Districts, and to issuance of all required permits therein.

D.

Area of PUD. A PUD shall be a minimum of three (3) acres in area.

E.

Establishment and Designation of PUD Zoning Districts, Where Permitted. PUD Zoning Districts may be established by amendment to the official Zoning Map and related amendatory action where tracts are suitable in location and character for the proposed structures and uses are to be planned and developed on a unified basis, and according to the requirements and procedures provided in this Section. PUD Zoning Districts shall be appropriately located with respect to intended function, to the pattern and timing of development existing or proposed in officially adopted plans, and to public or private facilities existing or clearly to be available at the time the development reaches the stage where they will be needed. All requirements specified in Section 7, shall be met, as well as the following specific requirements:

1.

Access. PUD Zoning Districts shall be directly accessible from major or collector streets, and shall be so designed as to provide direct access, without creating an additional amount of traffic on local streets adjoining residential neighborhoods that would exceed the amount of traffic created if development under existing Zoning. Local streets may be connected only when it can be certified that by doing so it will not create an unnecessary hardship within the PUD Zoning District or surrounding residential areas. In order to determine this, a traffic demand analysis must be submitted before local streets can be connected.

2.

Relation to Public Utilities, Facilities, and Services. PUD Zoning Districts shall be located in the proximity of adequate existing or planned sanitary sewers, water lines, storm and surface drainage systems, and other utility systems and installations.

3.

Physical Character of the Site; Relation of Surrounding Property. The site shall be suitable for development in the manner proposed, without hazards to persons or property, on or off the tract, from probability of flooding, erosion, subsidence or slipping of the soil, or other dangers, annoyances, or inconvenience. Condition of soil, ground water level, drainage, and topography shall be appropriate to both kind and pattern of such intended development.

4.

Adverse Relationships. If appropriate to the form of planned development, lands to be included in PUD Zoning Districts may be divided by streets, rights-of-way or easements, waterways or other separation, but shall be so located, dimensioned, and arranged as to permit unified planning and development and to meet all requirements in connection therewith, as well as to provide necessary protection against adverse relationships between uses in the Zoning District and uses in surrounding areas.

F.

Additions to PUD Zoning Districts. Where additions to a planned development are proposed to an existing PUD Zoning District, and where the land and proposed plan of development is appropriately related to the existing PUD Zoning District and provides necessary safeguards in relation to the surrounding area, PUD amendments allowing such additions may be made without regard to the minimum area requirements set forth herein. Such additions may be of the same classification as the PUD Zoning District being added to, or may be of another classification if the Planning Commission recommends and the City Council approves such other classification and plans proposed therefor as complementary to the original PUD Zoning District.

G.

Procedures on PUD Amendments. Applications for PUD amendments shall be submitted as for other amendments, and the following additional procedures shall be followed and requirements met:

1.

Pre-Application Conference. Before submitting an application for PUD amendment, a prospective applicant should confer with the Zoning Officer or his delegated representative to obtain information and guidance before entering into binding commitments or incurring substantial expense in the preparation of plans, surveys, reports, and other data. In arranging such meetings, the Zoning Officer may request the attendance of such officials or agency representatives as may be appropriate in the circumstances of the case. No statement made or information given during such pre-application conferences shall be binding on the City or the applicant, but a record shall be kept of recommendations made, and a copy of such record shall be provided to the applicant.

2.

Application for PUD Amendments; Materials To Be Submitted; Materials To Be Submitted on Subsequent Request. Applications for PUD amendments shall be submitted as for other amendments. Materials required with the application, or on subsequent request, shall include all plans, maps, studies or reports reasonably necessary to the City for the purpose of making required determinations generally, or in the particular case, with copies as necessary for referrals and recording. At the time of application all of the following shall be filed:

a.

A location map on a scale of one inch equals eight hundred feet (1" = 800').

b.

A boundary and topographic survey of one inch equals two hundred feet (1" = 200') with five feet (5') contour intervals and extending five hundred feet (500') beyond the Zoning District boundaries. Existing features or conditions to be shown are public and private roads, pedestrian ways, utilities, easements.

c.

A description of physical features establishing limitations on location or kind of development or access, including but not of necessity limited to:

i.

Areas subject to slippage, sedimentation or rock falls from above;

ii.

Areas requiring special limitation or treatment to avoid hazards to property below from slippage, sedimentation, runoff, rock falls;

iii.

Existing streams, creeks, lakes, and natural drainage features;

iv.

Flood hazards (flood plains, major flash flood channels);

v.

Sinkholes, spring holes, caves;

vi.

Slopes;

vii.

Soils (erosion characteristics, construction limitations).

d.

A description of natural or cultural features to be considered in relation to preservation which may establish further limitations on location or kind of development or access, including but not necessarily limited to:

i.

Buildings or sites of substantial historic or cultural significance;

ii.

Cemeteries;

iii.

Major trails and other established pedestrian ways;

iv.

Significant tree stands, understory vegetation or other ground cover.

e.

A report identifying all property owners within the area of the proposed PUD Zoning District, and giving evidence of unified control of its entire area. The report shall state agreement of all present property owners and/or their prospective successors in title:

i.

To proceed with the proposed development according to the regulations in effect when the map amendment creating the Zoning District is passed, with such modifications as are set by the City Council in the course of such action;

ii.

To provide bonds, dedications, guarantees, agreements, contracts, and deed restrictions acceptable to City Council for completion of such development according to approved plans; and for continuing operation and maintenance of such areas, facilities, and services as are not to be provided, operated, or maintained at general public expense; and such dedications, contributions, or guarantees as are required for provision of needed public facilities and services; and

iii.

To bind further successors in title to any commitments made under this Section.

f.

A preliminary development concept plan shall be submitted in addition to, or as part of, the report described above, together with proposals in accord with this Section, as a basis for specific agreements concerning plans, programs, and instruments, or specific modifications of details of applicable regulations where it is alleged by the applicant that such modification serves public purposes to an equivalent or higher degree than would strict conformity with such regulations. In addition to identification of the proposed planned development, the developers and the persons or firm preparing the plan, scale, date, and similar details, this plan shall indicate:

i.

Use, location, orientation, height, and floor area of proposed structures, and portions of structures, including similar information on existing structures, if any;

ii.

Access points for the main pedestrian and vehicular ways, plan for access from external ways, circulation pattern within the Zoning District;

iii.

Location of water, sewer and drainage facilities and lines, as well as easements of other utilities, within the Zoning District and as extended to connect outside the Zoning District;

iv.

Character, location and scale of the vehicular parking and service facilities;

v.

The relation to adjoining land uses and Zoning Districts, and where the protection or provision of views is an objective, the location of principal public viewpoints into, within, or through the proposed PUD Zoning District;

vi.

The general pattern of proposed lots and blocks, and of existing lots and blocks, if any;

vii.

If development is to occur in stages, an indication of the nature and timing of each stage.

3.

Preliminary Review of Application as Submitted; Requirement for Special Studies, Investigations or Reports.

a.

On receipt of the application and preliminary concept plan and proposals as indicated above, the Zoning Officer and such other agencies or officials as he may deem appropriate in the circumstances of the particular case, shall study the proposal to determine conformity with any officially adopted plans of the City, and with the stated intent and substance of Zoning and other applicable regulations.

b.

In the course of such review, written findings shall be made as to the necessity for any special studies, investigations or reports needed to make determinations called for in the particular case, where existing information available to the Zoning Officer or cooperating agencies or officials is inadequate.

4.

Preliminary Conferences with Applicants.

a.

Following preliminary review, unless complete conformity is found and no special studies are required, the applicant shall be notified in writing of any discrepancies, and of the willingness of the Zoning Officer and other appropriate officials or agencies to confer for the purposes of assisting the applicant in bringing the material submitted as nearly as possible into conformity with requirements and/or to define specific modifications of regulations or officially adopted plans that seem justified in view of equivalent services of public purposes by the proposal.

b.

The applicant shall also be informed of the need for any special studies, investigations or reports, and of the reasons such material is required in the circumstances of the particular case. Where the need for such special studies, investigations or reports arises as a result of a proposal for a PUD Zoning District, applicants shall pay all costs incidental thereto, and the studies shall be made by the City, agencies cooperating with the City, or experts acceptable to the City. If the applicant does not desire to participate in such conferences, or to provide or pay the costs of any special studies, investigations or reports requested, the Zoning Officer shall base his report to the Planning Commission and City Council on the application as received.

c.

If the applicant joins in such conferences, changes may be made in the original proposal, further conferences may be held, and additional material requested on finding of need as above.

d.

In the course of such preliminary conferences, any recommendations for changes shall be recorded in writing, with reasons there for, and shall become part of the record in the case. Applicants shall indicate, in writing, their agreement to such recommendations, or their disagreement and reasons there for, and such response by applicants shall also be included in the record.

5.

Zoning Officer's Recommendations. When further conferences appear unnecessary, or when, on request of the applicant, the Zoning Officer shall prepare a report to the Planning Commission and City Council containing findings:

a.

The suitability of the tract for the general type of PUD Zoning proposed, physical characteristics of the land, relation of the proposed development to surrounding areas and existing and probable future development;

b.

Relation to and access from major or collector roads, as well as utilities, other facilities, and services;

c.

Adequacy of evidence on unified control and suitability of any proposed agreements, contracts, deed restrictions, sureties, dedications, contributions, guarantees, or other instruments, or the need for such instruments, or for amendments in those proposed;

d.

Suitability of plans proposed or the desirability of changes, including reasons for those changes;

e.

How the desirable and specific modifications existing in generally applicable regulations or officially adopted plans (such as the Comprehensive Master Plan), as they are applicable in the particular case being considered, and based on determinations that the proposed modifications are necessary or justified in the particular proposed case, by demonstrating that their public purposes of PUD or other regulations would meet—to at least an equal degree—by what the applicant is proposing;

f.

Based on such findings, the Zoning Officer shall recommend to the Planning Commission approval of the PUD amendment as proposed, or approval conditioned on specific, stated modifications, or disapproval, with recorded reasons for the disapproval.

6.

Actions by Planning Commission, City Council.

a.

Following receipt of the Zoning Officer's report, the Planning Commission shall recommend to the City Council approval of the PUD amendment as proposed, approval conditioned on specific stated modifications, or disapproval with recorded reasons for the disapproval. Where the PUD development concept plan involves a subdivision of land, the Planning Commission may hold a public hearing on such subdivision as required by Alabama law before submitting a recommendation regarding the PUD Zoning proposal to City Council.

b.

Actions by the City Council shall be as for Zoning amendments generally. The Council may grant the application in accord with PUD and other applicable regulations, may include specific modifications of PUD or other applicable regulations, or may deny the application, with written reasons for the denial.

c.

If amendment is granted, the City Council shall in its amending action approve the preliminary development concept plan as it may have been changed during earlier procedures, or indicate required modifications, if any, which shall be binding in determinations concerning final development plans. If modifications are required, the City Council shall officially state its reasons there for in the record.

d.

If amendment is granted, the development shall be required to be in accord with final development plans meeting the requirements of these and other regulations, as supplemented or modified by the City Council in the particular case as part of the amending action, and shall conform to any time or priority limitations established by the City Council on beginning and completion of the development as a whole, or in specified stages.

e.

At the time of amendment, the City Council shall pass upon the adequacy in form and substance of any agreements, contracts, deed restrictions, sureties, or other instruments involved; and before development may proceed, such instruments shall be approved by appropriate officers and agencies.

7.

Planning Commission Action on Approval of Final Plans. Not more than ninety (90) days after the City Council approves the PUD Zoning the final plan must be submitted to the Planning Commission or, if the PUD is to be developed in stages, then the final plan for the first stage must be submitted within ninety (90) days after City Council approval. The Planning Commission must approve the staging of development, and the following provisions must be complied with:

a.

In a PUD, the ratio of gross floor area as initially approved or amended shall not be exceeded at any given stage of construction.

b.

Each stage shall be so planned and so related to existing surroundings and available facilities and services that failure to proceed to the subsequent stages will not have an adverse impact on the PUD Zoning District or its surroundings at any stage of the development.

c.

The commencement of actual construction of any stage of the PUD Zoning District shall be governed by the provisions of Section 5.

d.

If the Planning Commission does not receive the final plan or the final plan of an approved stage within ninety (90) days of the PUD Zoning by the City Council, it may take action as described in Section 5.

e.

After a PUD Zoning District has been established, no building permit shall be issued therein, and no grading, clearing, excavations or filling shall take place, until the Planning Commission has approved final plans and reports. Such approval shall be based on substantial compliance with the preliminary development concept plan, including any modifications required by the City Council in its amending action, and on compliance with regulations applying at the time of rezoning, including any modification in application established by the City Council. Where applicable regulations are amended following the rezoning action, applicants or their successors in interest may elect to conform to such amended regulations, subject to the same modifications if they affect such amended regulations in the same way.

f.

Form and content of such final plans and reports shall be as prescribed in Zoning, Subdivision or other lawful regulations, generally or for particular PUD Zoning Districts, and in rules of the Planning Commission and other affected agencies. Upon approval of final plans and reports, building permits or other required permits shall be issued in the same manner as applies generally, provided that any requirements or limitations concerning the order and location in which such permits are to be issued in the particular PUD Zoning District shall be observed. Except as provided below, final plans and reports approved shall be binding on the applicants and any successors in title so long as PUD Zoning applies to the land.

g.

Final plan approval does not require formal public notice or hearing.

8.

Changes in Approved Final Plans.

a.

Minor changes in the location, siting, and height of buildings and structures, lot and block configuration and street geometrics may be authorized by the Planning Commission without additional public hearings if required by engineering or other circumstances not foreseen at the time the final plan was approved. Where minor changes involve changes in an approved subdivision plat, the form and content of such changes shall meet the requirements of the Subdivision Regulations. No change authorized by this Section may cause any of the following:

i.

A change in the primary use or character of the development;

ii.

An increase in the intensity of use;

iii.

An increase in the problems of traffic circulation and public utilities;

iv.

A reduction in approved open spaces; or

v.

A reduction of off-street parking and loading space or required pavement widths.

b.

All changes other than minor changes shall be subject to review and recommendation by the Planning Commission, another public hearing, and further amendatory action by the City Council as required for original approval.

H.

Expiration of Time Limits in Relation to PUD Amendments and Failure to Meet Other Requirements. Where time limits are set for beginning or completion of development or stages of development, or where other requirements are established in connection with a PUD amendment, and where such time limits or other requirements are not met, the Zoning Officer shall promptly call the matter to the attention of the Planning Commission, with a full written account of the circumstances, and his findings and recommendations. The Planning Commission shall then review the case and make recommendations to the City Council:

1.

That PUD Zoning for the entire Zoning District be continued with revised time limits; or

2.

That PUD Zoning be continued for part of the Zoning District, with or without revised time limits, that appropriate steps be taken to correct any deficiencies in area or open space requirements in designated portions of the Zoning District which have not been developed, and that remaining portions of the Zoning District be rezoned to an appropriate category; or

3.

That the entire Zoning District be rezoned from PUD to an appropriate category; and/or

4.

That such other steps be taken as seem equitable in the circumstances of the case and will appropriately protect the public interest. Such recommendations shall include proposals for appropriate action concerning any legal instruments in the case.

A.

The flood hazard areas of the City of New Hope, and areas which may become part of the City of New Hope through future annexation, are subject to periodic inundation which may result in the loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood relief and protection, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the occupancy, in flood hazard areas, of uses vulnerable to floods, which are inadequately elevated, flood-proofed or otherwise unprotected from flood damages, and by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocities.

B.

It is the purpose of this Section to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas.

C.

The City of New Hope has adopted a Flood Damage Prevention Ordinance, Ordinance Number 406.

D.

No structure or land shall be located, extended, converted or altered without full compliance with the terms of said Flood Damage Prevention Ordinance, and any other applicable regulations.

A.

Intent/Purpose. The purpose of the Highway 431 Overlay Zoning District is to exercise greater control over the aesthetic, functional and safety characteristics of development and redevelopment along US Highway 431 within the City of New Hope where higher development standards can effectively enhance the City's image as a desirable place to live, work and shop. This Overlay Zoning District is limited to specific areas encompassing land that has already been assigned conventional base Zoning District classification(s). It supplements the standards of the base Zoning Districts with new or different standards that are intended to provide greater aesthetic and functional improvements.

B.

Area of Overlay. The H-431 - Highway 431 Overlay Zoning applies to the entire length of the U.S. Highway 431 corridor within the City limits. It is further defined as the land including:

1.

Tracts of land that abut or adjoin a public street or intersection with U.S. Highway 431;

2.

Tracts of land that are developed, used, managed, or marketed as a group—for example, a shopping center—that includes a tract of land that abuts or adjoins a public or private access street or intersection with U.S. Highway 431; or

3.

Tracts of land that share parking spaces with a tract of land that abuts or adjoins a public or private access street or intersection with U.S. Highway 431.

C.

Applicability. The provisions of H-431 - Highway 431 Overlay apply to development types in the table below. Improvements to existing buildings are cumulative within a fifteen (15) year period when determining which of the following provisions apply. A development type not shown in the table below is not subject to the requirements of this Section.

Table 15-1—Applicability of District Requirements
to Development Types in H-431 District

D.

Design Review. This Section establishes the site plan review procedure and general design requirements for tree preservation, parking, screening, landscaping, signs, lighting and utilities. All development within the H-431 Overlay must comply with these regulations, which supersede all other regulations. The Building Official must review and approve site development plans prior to construction for all developments within the H-431 Overlay.

1.

Design Review Process.

a.

This Section establishes a design review process to ensure that all development within the H-431 Overlay meets requirements set forth in these design standards. The review covers site planning, architecture, landscaping, exterior lighting and exterior signage, as well as any changes, additions or renovations to any development on the site.

b.

The design review process is divided into four steps:

i.

Design orientation;

ii.

Conceptual design review;

iii.

Preliminary design review;

iv.

Construction/final site plan documents review.

c.

Formal submittals for design review must be provided at each of the steps in the design review process listed above. Official approvals must be obtained in writing for each of these steps.

d.

All requests for design review approvals must be submitted in writing to the Building Official.

e.

The applicant must provide all required submittals to the Building Official in a single package that includes the following information:

i.

Property owner's name, mailing address, business telephone and home telephone numbers;

ii.

Lot number (location of proposed construction);

iii.

Name, address and telephone number of architect or owner's representative;

iv.

Scale, North arrow, preferably at a scale of one inch equals one hundred feet (1" = 100') or smaller; and

v.

Architectural plans at a scale of one quarter inch equals one foot (¼" = 1') or smaller.

f.

Questions, meetings and informal and partial submittals are encouraged to promote early communication and resolution of issues. Verbal responses are unofficial and are subject to change in written response. Only written approvals from the Building Official are official.

2.

Submittal Requirements. Any and all of the information on the plans required below may be combined to reduce the number of sheet submittals, as long as all sheet detail is provided.

a.

Design Orientation. Before any design begins, an optional design orientation session is recommended between the Building Official and the property owner, design architect, landscape architect, engineer and/or contractor. This session includes a discussion of the design concept and design standards for the H-431 Overlay, the specific design standards for the particular site and the design review process. This orientation provides valuable information to assist the owner and designers in expediting design review.

b.

Conceptual Design.

i.

When the initial design for the project is prepared, two conceptual drawings must be submitted to the City for formal review. This review covers conceptual site planning, architecture, landscape areas, and sign location.

ii.

The purpose of this conceptual design review is to provide the owner and designer with written assurance that the fundamental designs are acceptable, before requiring plans suitable for City permitting. It also provides a clear list of any issues to be resolved in the construction documents submittal step.

c.

Preliminary Designs. Two sets of preliminary design plans must be submitted for this review. These plans must include, but are not limited to the following:

i.

Preliminary Site Plan.

(a)

All property lines, easements, setbacks and buildable area limits;

(b)

Location of water, sewer and electrical connections and conceptual distribution layout;

(c)

All buildings, walls, driveways, parking, walks, pools, patios, terraces, signs and any other above grade development;

(d)

Dimensions between existing and proposed construction and between proposed construction and nearest property lines;

(e)

Building height reference elevation; and

(f)

Vicinity map showing relationships of this site to the rest of the H-431 Overlay.

ii.

Preliminary Grading.

(a)

Existing and proposed ground level contour concepts; and

(b)

Slope treatment and drainage concepts.

iii.

Preliminary Roof Plan.

(a)

Any unusual conditions or construction requirements; and

(b)

All roof mounted equipment and required screening.

iv.

Preliminary Building Elevations.

(a)

At least two principal exterior elevations of all proposed buildings (in color);

(b)

Maximum building heights on each elevation drawing; and

(c)

Conceptual finish materials, colors and textures under consideration.

v.

Preliminary Building Sections. Grade and building height elevations for slopes greater than seven and one-half percent (7-1/2%).

vi.

Preliminary Landscape Plan.

(a)

Planting concept, including locations and types of all plant materials; and

(b)

Demonstration that plant and wall design along the street frontage meets the streetscape design guideline requirements for the H-431 Overlay.

vii.

Fence and Wall Plan.

(a)

Locations, materials, colors and heights in relation to on-site grades; and

(b)

Relationships to walls, fences and gates on adjacent parcels.

d.

Construction Documents.

i.

When the preliminary design is further refined and the final construction drawings and specifications for the project have been prepared, they must be submitted to the Building Official for review and final decision. This review covers all design necessary for construction, including site development, architecture, signage, grading, driveways, parking, walkways, terraces, patios, walls, fences, planter beds, fountains, trellises, utilities, architecture, landscaping, walls, pools, mechanical equipment, exterior lighting and exterior signs.

ii.

The purpose of construction documents design review is to provide the owner and designers with written assurance that the final design is acceptable for construction and that any conditions placed on the previous review have been addressed.

iii.

Two sets of final construction plans must be submitted for this review. They must contain, but are not limited to a final site plan showing:

(a)

Final locations of all structures, terraces, patios, driveways, parking and walk ways;

(b)

Dimensions from buildings and paved areas to setbacks and property lines;

(c)

Water, sewer and electrical connection points and distribution lines;

(d)

Locations of all above-ground mechanical equipment, including electrical transformers, fuel tanks, water tanks, filtration equipment, backflow prevention devices, air-conditioning units and irrigation controllers; and

(e)

Any other drawings required by the City for construction permitting.

iv.

After the final site plan is approved, an approval letter must be submitted to the owner within twelve (12) working days, giving written assurance the final site plan drawings have been found acceptable for construction. At this time the building plans may be submitted to the Building Official for construction permitting.

e.

Final Site Plan Review.

i.

A final site plan must be submitted, reviewed and approved prior to construction for all developments proposed on a tract of land within the H-431 Overlay.

ii.

The final site plan must contain sufficient information demonstrating compliance with all of the applicable requirements of this Overlay Zoning District and any additional information required by the Building Official.

iii.

In reviewing the final site plan, the Building Official may consider other factors that may be relevant to a particular application, which may include the following:

(a)

The relationship to neighboring properties;

(b)

The Zoning and the uses of nearby properties;

(c)

The extent to which the proposed use would substantially harm the value of nearby properties;

(d)

The extent to which the proposed use would adversely affect the capacity or safety of that portion of the road network influence by the use, or present parking problems in the vicinity of the property;

(e)

The extent to which utilities and services, including, but not limited to, sewer, water service, police and fire protection and are available and adequate to serve the proposed use; and

(f)

The conformance of the proposed use to the H-431 Overlay, the Comprehensive Master Plan and other adopted planning policies.

f.

Parking. Parking presents one of the greatest challenges in creating an appealing image for public and private property. Parking may be provided in surface lots, parking structures, beneath buildings or below grade, in whatever combination that meets the needs for spaces required. Off-street parking and loading, and the limits on impervious surface areas set forth in this Section.

i.

Curb and gutter six inches (6") in height is required around the perimeter of the parking area and all landscaped parking islands.

ii.

If surface parking is used, a single double-loaded bay of parking is permitted between the front of the principal building and the required landscape frontage. As such, a single parking aisle must be designed to be parallel to the front of the principal building.

iii.

Parking spaces may be either angled or perpendicular to the front of the building, with consideration to parking aisle traffic direction.

iv.

Parking to the side and rear of buildings is encouraged and preferred.

v.

Cross access connections between adjacent properties' parking areas is encouraged and preferred.

vi.

Parking areas must be planned so that vehicles are not required to back out of parking spaces directly into a public or private street.

vii.

Parking lots must be designed to preserve the maximum number of existing trees on site as possible.

viii.

Parking spaces that face and are adjacent to a building must utilize wheel stops.

ix.

Wheel stops are required adjacent to all landscaped areas.

x.

Wheel stops are required adjacent to all sidewalks, except for raised sidewalks at least six feet (6') in width (eight feet (8') if parking spaces front both sides).

xi.

All parking must be landscaped and screened per the standards set forth in Section 13 of this Ordinance.

xii.

No parking is allowed in the landscape buffer.

g.

Screening and Wall Standards.

i.

Storage in conexes, shipping containers, and semi-trailers is not permitted. Portable buildings may not be made into permanent structures in any form.

ii.

All garage and service bays, including but not limited to off-street loading bays and service bays used for vehicle repair and servicing, must be located to the rear of the principal building or on the side of the building that is not visible to the traffic flow on the abutting side of US Highway 431. Such bays may be located on the on-coming traffic flow side of the building at the approval of the Zoning Officer or his or her designee, but must be screened by a masonry wing wall matching the architectural style and color of the building or an opaque landscape screen compliant with Section 13 of this Ordinance.

iii.

No outside storage and display, sales, leasing or operation of merchandise outside of sales areas for dealerships for new trucks, cars, boats and motorcycles, are permitted unless such activity is visually screened with a continuous solid screening device from all streets and adjacent property lines of residentially zoned properties or areas shown as a residential use on the Comprehensive Master Plan.

iv.

Any public utility stations, such as lift stations and electric substations, must be screened from public view with a masonry wall matching the architectural style and color of the building.

v.

A masonry wall matching the architectural style and color of the building must be located between properties when a multiple-family or nonresidential use abuts a residential use or Zoning District. Such wall must not be less than six feet (6') or more than eight feet (8') in height, and constructed at grade along the abutting property line. The screening wall is not required if a comparable screening wall in satisfactory condition already exists on the abutting property.

vi.

Except as provided below, the following site elements must not be clearly visible at eye level from any public street right-of-way or any adjoining residential use or located within one hundred feet (100') of any public street right-of-way, unless a masonry screening wall matching the architectural style and color of the building is used.

(a)

Vehicle Loading and Unloading Zones and Service Areas. Screening for vehicle loading and unloading zones must consist of a continuous solid masonry wall to match the color and style of the building, earthen berms or evergreen opaque landscaping a minimum of six feet (6') in height. Landscape screening must be solid and reach a minimum height of six feet (6') within two (2) years of the issue date of the certificate of occupancy for the building or change of use.

(b)

Refuse Storage and Compactors. Refuse storage and compactors must be enclosed on three (3) sides by a solid wall of wood or masonry to match the color and style of the building and be a minimum of one foot (1') taller than the equipment being screened. The enclosure must have a minimum eight foot (8') self-closing gate. The enclosure must be designed to contain all refuse generated on-site between solid waste collections. The refuse storage and compactors must not be located in required setbacks.

(c)

Mechanical and Utility Equipment.

(1)

All ground mounted service equipment such as air conditioners, transformers, trash collection equipment, and other service functions must be located at the rear of buildings, and integrated into the building envelope or enclosed service areas, unless the rear of the building faces Highway 431, in which case such equipment must be located on the side least visible from a public street right-of-way. Reduce pressure zones are allowed in front of the building if properly landscaped.

(2)

If such equipment is visible from a public street right-of-way, the screening materials must be one hundred percent (100%) opaque. Screens must incorporate shrubbery with year-round foliage, or a wall, fence, or architectural element of the adjacent building, and be a minimum of one foot (1') taller than the equipment being screened.

(3)

All roof-mounted equipment must be screened from a vantage point that is six feet (6') above finished street grade with materials that are one hundred percent (100%) opaque. In all cases, screening must be compatible with building color and materials.

h.

Landscape. Each site must provide a minimum of the following landscape elements.

i.

A total of fifteen percent (15%) of the total site area must be landscaped with living approved trees, shrubs and groundcover.

ii.

All landscaping must be maintained in good condition after installation. The owner must replace any plant material that becomes diseased, deteriorated or dies within thirty (30) days.

iii.

Areas not covered by building or pavement must be landscaped.

iv.

Drainage facilities are not allowed within the landscape area except those that are necessary to convey drainage in the shortest possible route to or from the public street right-of-way. Drainage facilities include detention ponds, water quality ponds, outlet structures, drainage berms or other improvements associated with the drainage improvements. Such drainage facilities must have a natural look with minimum slopes and landscaping.

v.

All landscape and turf areas must be irrigated and maintained on a regularly scheduled basis.

i.

Utilities. All electric, telephone, cable television, and other utility or service wires and cables from the property line to all structures being served on the site must be located underground.