(a)

Within districts now existing or which may hereafter be created, it is intended to permit establishment of new planned development (PD) districts for specialized purposes where tracts, suitable in location, area and character for the uses and structures proposed, are to be planned and developed on a unified basis. Suitability of tracts for the development proposed shall be determined primarily by reference to the adopted land development plan and to the performance standards of the separate categories of planned developments, with due consideration given to the existing and prospective character of surrounding development.

(b)

Planned development districts shall be so related to the general development pattern and the objectives of the adopted land development plan as to provide for comfort and convenience of residents, facilitate protection of the character of surrounding neighborhoods, and reduce automotive traffic congestion by a reasonably close relationship (either in distance or in time) between origins and destinations of persons living, working or visiting in such developments. Housing, commercial and service facilities, and principal places of employment shall be so related by physical proximity and by major street networks as to promote these objectives.

(c)

Within PD districts, regulations adapted to such unified planning and development are intended to accomplish the purposes of zoning and other applicable regulations to an equivalent or higher degree than where such regulations are intended to control unscheduled development on individual lots; such regulations are designed to promote economical and efficient land use, and improved level of amenities, appropriate and harmonious variety, creative design and a better environment.

(d)

In view of the substantial public advantages of planned development, it is the intent of these regulations to promote and encourage development in this form where appropriate in location and character.

(Code 1972, § 26-14.1; Ord. No. 91.53, 10-16-1991)

For purposes of this chapter, a planned development is:

(1)

Land under unified control to be planned and developed as a whole;

(2)

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

(3)

For principal and accessory structures and uses substantially related to the character and purposes of the district;

(4)

According to comprehensive and detailed plans which include not only streets, utilities, lots or building sites and the like, but also site plans for all buildings as intended to be located, constructed, used and related to each other, and plans for other uses and improvements on the land as related to the buildings; and

(5)

With a program for provision, operation and maintenance of such areas, facilities and improvements as will be for common use by some or all of the occupants of the district, but which will not be provided, operated or maintained at general expense.

(Code 1972, § 26-14.2; Ord. No. 91.53, 10-16-1991)

(a)

The planned development regulations which follow shall apply generally to the initiation and regulation of all planned development districts. Where there are conflicts between the special PD regulations herein and general zoning, subdivision, or other regulations or requirements, these PD regulations shall apply in PD districts, unless the council finds, in the particular case, that provisions herein do not serve public purposes to a degree at least equivalent to such general zoning, subdivision or other regulations or requirements.

(b)

Where actions, designs or solutions proposed by the applicant are not literally in accord with applicable PD or general regulations, but the council makes a finding, in the particular case, that public purposes are satisfied to an equivalent or greater degree, the council may make specific modification of the regulations in the particular case. However, where floor area and similar ratios, as well as maximum permitted densities, have been established by these regulations, the council shall not act, in a particular case, to modify such ratios or maximums.

(c)

Except as indicated above, notwithstanding procedures and requirements generally in effect, procedures and requirements set forth herein for particular classes of PD districts shall apply in PD districts, to any amendments creating such districts, and to issuances of all required permits therein.

(Code 1972, § 26-14.3; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

(a)

Planned development districts may hereafter be established by amendment to the official zoning atlas and related amendatory action, changing the designation of a lot from its existing classification to one of the several planned development districts contained in this article, where tracts suitable in location and character for the uses and structures proposed are to be planned and developed on a unified basis, according to the requirements and procedures set forth herein.

(b)

Planned development districts shall be appropriately located with respect to intended functions, to the pattern and timing of development, in accordance with the adopted land development plan, and to public and private facilities existing or clearly to be available by the time the development reaches the stage where they will be needed. All requirements specified in article II, division 3 of this chapter, Amendments, shall be met, as well as the following specific requirements:

(1)

Relation to major transportation facilities. PD districts shall be so located with respect to expressways, arterial and collector streets, and shall be so designed as to provide direct access to and from such districts without creating traffic along minor streets in residential neighborhoods outside the district.

(2)

Relation to public utilities, facilities and services.

a.

PD districts shall be so located in relation to sanitary sewers, water lines, storm and surface drainage systems and other utilities' systems and installations that neither extension nor enlargement of such systems will be required in manner, form, character, location, degree, scale or timing resulting in higher net public cost or earlier incursion of public cost than would development in forms generally permitted under current zoning and development policies for the area.

b.

Such districts shall be so located with respect to necessary public facilities (as, for example, schools, parks and playgrounds in the case of planned development housing (PD-H) districts) as to have access to such facilities in the same degree as would development permitted under existing zoning and shall be so located, designed and scaled that access for public services is equivalent to, and net cost for such services is not greater than, access and net costs for public services for development as permitted under existing development controls.

c.

However, if applicants will provide private facilities, utilities and services approved by appropriate public agencies as substituting on an equivalent basis, and assure their satisfactory continuing operation, permanently or until similar public utilities, facilities or services are available and used; or make provisions acceptable to the city for offsetting any added net public cost or early commitment of public funds made necessary by such development, the proposed PD district may be approved.

d.

In computing net public costs, the difference in anticipated public installation, operation and maintenance costs and the difference in anticipated public revenue shall be considered. Expenses involved in making such determinations shall be paid by applicants. Determinations shall be made by the city or by experts acceptable to the city.

(3)

Physical character of the site; relation to surrounding property.

a.

The tract shall be suitable for development in the manner proposed without hazards to persons or property, on or off the tract, free from the probability of flooding, erosion, subsidence or slipping of the soil or other dangers. Conditions of soil, ground water level, drainage and topography shall all be appropriate to both the kind and pattern of use intended.

b.

If appropriate to the form of planned development, lands to be included in PD districts may be divided by streets, alleys, rights-of-way or easements, 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 district and uses in surrounding areas.

(4)

Reduction or increase in minimum area generally required. In connection with a particular PD rezoning proposal, the council may approve as part of the amendment action:

a.

Lesser areas than generally required upon findings, in the particular case, that special circumstances require such reduction, and the other requirements can be met in such lesser area, provided that no such reduction shall amount to more than ten percent of the area generally required; or

b.

Greater areas than generally required upon findings that, in the particular case, the proposed plan of development or the character of the property involved, in themselves or as it may reasonably be expected to develop, require such increase to meet the requirements and intent of PD zoning or to provide necessary special protection.

(5)

Reclassification. Where existing developments exist, or proposed and previously approved developments are in progress, which are of a nature substantially in accord with the intent of these regulations, they may be reclassified to planned development status.

(6)

Additions to PD districts not subject to minimum area requirements. Where planned development additions are proposed to existing PD districts, and where the land and the proposed plan of development are approximately related to the existing PD district and provided necessary safeguards in relation to the surrounding area, PD amendments allowing such additions may be made without regard to the minimum area classification as the PD district being added to, or may be of another classification, if the council approves the other classification, and proposed plans therefor as complementary to the original PD district.

(Code 1972, § 26-14.4; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

The procedures for PD amendments are as set out in sections 102-496 through 102-504.

(Code 1972, § 26-14.5; Ord. No. 91.53, 10-16-1991)

Applications for PD amendments shall be submitted as for other amendments. Material submitted with the application, or on subsequent request by the planning director, shall include, in addition to the basic material required by article II, division 3 of this chapter, all plans, maps, studies and reports which may reasonably be required to make the determinations called for in the particular case, with sufficient copies for necessary referrals and records. More specifically, all of the following shall be required before the application shall be considered filed for processing:

(1)

Report. A report identifying all property ownerships and beneficial interests within the boundaries of the proposed PD district and giving evidence of unified control of its entire area. The report shall state agreement of all present owners or holders of beneficial interest:

a.

To proceed with the proposed development according to regulations existing when the map amendment creating the PD district is passed, with such modifications as may be set by the council in the manner provided in section 102-493;

b.

To conform in the process of development to the preliminary development concept plan, and to proposals for staging of development, according to requirements set below; and

c.

To provide such bonds, dedications, easements, guarantees, agreements, deeds of trust, contracts, and/or covenants acceptable to the city attorney's office as may be reasonably necessary to protect the public interest in completion of such development according to approved plans, and for provision and continuing operation and maintenance of such areas, facilities, and functions as are not to provide such dedications, contributions, or guarantees as are required for provisions of needed public facilities and services.

(2)

Survey. A survey prepared by a registered land surveyor, of the proposed PD district showing property lines and ownerships; and existing features, including streets, alleys, casements, utility lines, existing land use, general topography, and physical features.

(3)

Preliminary development concept plan. A preliminary development concept plan for the PD district, indicating:

a.

The name of the proposed planned development, and the names of the developer(s) and professional planner(s).

b.

Scale, date, north arrow.

c.

Location, height, floor area, and use of existing structures, if any, and approximate location, orientation, height, floor area, and use of proposed structures or portions of structures.

d.

Points of ingress and egress for principal pedestrian, private automotive, mass transit and waterway traffic, and circulation patterns within the PD districts.

e.

Location, character and scale of parking and service facilities, such as area and number of spaces in parking lots, character of structural parking, and the like; location of principal service areas for major structures or complexes.

f.

Relation of abutting land uses and zoning districts, including, where view protection is an objective, location of principal public viewpoints into or through the proposed PD district.

g.

Existing lots and blocks, if any, and general pattern of proposed lots and blocks, if any.

h.

Location of existing public and quasipublic systems for pedestrian use or common enjoyment (excluding automotive uses), scale of such systems, indication of open air and internal components.

The preliminary development concept plan is required for determination as to internal relationships between or among uses and activities proposed and their supporting systems and facilities, and relation to surrounding uses, activities, systems, and facilities. With respect to preliminary development concept plans, it is the intent of these regulations that such plans shall include all data reasonably necessary for determining whether the proposed development meets the specific requirements and limitations, and the intent, concerning a particular type of PD district. Therefore, information in addition to that specified above may be requested in connection with preliminary development concept plans, when necessary to make such determinations with respect to a particular PD district. Such information shall be provided, if reasonably necessary to make such determinations, before processing proceeds.

(4)

Special surveys, approvals, or reports required where development is dependent on such surveys, approvals or reports. Special surveys, approvals, or reports required by law in the circumstances of a particular PD proposal are required where development of a major element of the proposal or the entire proposal is dependent upon such special surveys, approvals, or reports.

(5)

Indications as to nature and succession of staging. Where a planned development is to be constructed in stages, indications as to the nature of the planned development, uses, location, and floor areas or residential densities to be developed and timing of the beginning and end of development of the first stage, and similar information on succeeding stages; provided, that in lieu of an indication of specific timing on succeeding stages, the initiation of succeeding stages may be made dependent upon completion of all or substantial portions of the first stage, within the time limits provided.

(6)

Proposals on provision and continuing operation and maintenance of facilities for common use. Proposals describing provisions to be made concerning establishment and continuing operation and maintenance of such areas, facilities, and improvements as will be for common use by some or all of the occupants of the district and persons visiting the district, but which will not be provided, operated, or maintained at general public expense. These proposals shall give adequate assurance to the city that such areas, facilities and improvements will be continued, operated, and maintained without future expense to the taxpayers of the city.

(7)

Proposals concerning restrictive covenants. Proposals concerning any restrictive covenants to be recorded with respect to property included in the PD district.

(Code 1972, § 26-14.5.1; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

On receipt of the application and preliminary concept plan and detailed proposals as indicated above, the planning director shall cause a study to be made by the planning department staff, the department of public works, and such other agencies or officials as appear appropriate in the circumstances of the case, to determine conformity with the adopted land development plan, zoning and other regulations applicable in the case.

(Code 1972, § 26-14.5.2; Ord. No. 91.53, 10-16-1991)

(a)

Following such study, unless complete conformity is found, the applicant shall be notified in writing by the planning director of discrepancies, and of the willingness of the planning director to confer for the purpose of assisting in bringing the material submitted as nearly as possible into conformity with requirements or to define specifically the modification(s) of regulations which seem justified in view of equivalent service of public purposes by the proposal. If the applicant does not desire to participate in such conference, the planning director shall proceed to prepare the report described in section 102-499. If the applicant joins in such conferences, changes may be made in the original proposal, further conferences may be held, and additional material may be requested to guide in determinations. If the applicant joins in such conferences, the normal period specified for planning director's study of amendments shall be waived by the applicant, so that sufficient time may be available for the conference.

(b)

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

(Code 1972, § 26-14.5.3; Ord. No. 91.53, 10-16-1991)

At such time as further conferences appear unnecessary, or at any time on request of the applicant, the planning director shall prepare a written report to the city planning commission and the council containing findings as to:

(1)

The suitability of the tract for the general type of PD zoning proposed, physical characteristics of the land, and relation of the proposed development to surrounding areas and existing and probable future development.

(2)

Relation to major roads and mass transit facilities, utilities and other facilities and services.

(3)

The 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.

(4)

The suitability of proposed plans and the desirability of amendments.

(5)

The adherence to PD or general regulations or as to desirable specific modifications in PD or general regulations as applied to the particular case, based on determination that such modifications are necessary or justified in the particular case by demonstration that the public purposes of PD or other regulations would be met to at least an equivalent degree by such modifications.

(6)

The suitability of the proposed time for the beginning and the completion of the planned development.

Based on such findings, the planning director shall recommend approval of the PD amendment proposed, approval conditioned on specific modifications, or disapproval, with recorded reasons therefor.

(Code 1972, § 26-14.5.4; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

(a)

Actions by the council shall be as provided for amendments generally. The council may grant the applicant, in accord with PD and other regulations applicable, modifications as provided in section 102-493, or may deny the application. Council is also authorized to enter into development agreements pursuant to G.S. 160D-1001(b).

(b)

If the amendment is granted, the council shall, in its amending action, approve the preliminary development concept plan or indicate required modifications. Such approval plan, with required modifications, if any, shall be binding in determinations concerning final development plans.

(c)

If the 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 council in the particular case as part of the amending action, and shall conform to any time limitations established by the council on beginning and completion of the development as a whole, or in specified stages.

(d)

Before development may proceed, agreements, contracts, deed restrictions, sureties and other instruments involved shall be in form approved by appropriate officer(s) or agencies.

(e)

The city is authorized, pursuant to G.S. 160D-1001(b) to enter into development agreements with developers, subject to the procedures of G.S. 160D-1001. In entering into such agreements, a local government may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law. Development authorized by a development agreement shall comply with all applicable laws, including all ordinances, resolutions, regulations, permits, policies, and laws affecting the development of property, including laws governing permitted uses of the property, density, intensity, design, and improvements. The development agreement may include defined performance standards, not inconsistent with G.S. 160D-1006. The development agreement may include mutually acceptable terms regarding provision of public facilities and other amenities and the allocation of financial responsibility for their provision, provided any impact mitigation measures offered by the developer beyond those that could be required by the local government pursuant to G.S. 160D-804 shall be expressly enumerated within the agreement, and provided the agreement may not include a tax or impact fee not otherwise authorized by law.

The city shall process a development agreement as a legislative decision. A development agreement: must have a local government as a party to a development agreement, may consider a development agreement concurrently with a rezoning, subdivision, or site plan, may mutually agree with a developer for the developer to provide public improvements beyond what could have been required, provided such conditions are included in the development agreement, may include penalties for breach of a development agreement in the agreement or in the ordinance setting the procedures for development agreements.

A development agreement shall, at a minimum, include all of the content and topics required by G.S. 160D-1006. A development agreement may include penalties for breach of a development agreement in the agreement or in the ordinance setting the procedures for development agreements; either party may bring legal action seeking an injunction to enforce a development agreement in accordance with G.S. 160D-1008.

(Code 1972, § 26-14.5.5; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002; Ord. No. 2021-58, 6-15-2021)

(a)

After a PD district has been established, no building permit shall be issued therein unless and until the planning director has approved final plans and reports for the development as a whole or for stages or portions thereof deemed satisfactory in relation to total development. The form and content of such final plans and reports shall be as prescribed in the zoning, subdivision or related regulations, generally or for particular PD districts, and in the rules of the city and other affected agencies.

(b)

Approval of final plans and reports shall be based on compliance with regulations applying at the time the land was zoned to PD status, including such specific modifications as were made by the council in its amending action.

(c)

Upon approval of final plans and reports, building permits shall be issued in the same manner as for building permits generally, provided that any requirements concerning the order and location in which building permits are to be issued in the particular PD district shall be observed.

(d)

Except as provided below, final plans and reports approval shall be binding on the applicants and any successors in title, so long as PD zoning applies to the land.

(Code 1972, § 26-14.5.6; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

(a)

Changes in approved preliminary plans may be permitted by the planning director, with review and concurrence by the city attorney, on application by the original applicant or successors in interest, but only upon making a finding that such changes are:

(1)

In accord with all applicable regulations in effect at the time of the amendment creating the PD district, as modified in the amending section;

(2)

In accord with all applicable regulations in effect at the time of the amendment creating the PD district, as modified in the amending section; or

(3)

In accord with the approved development concept plan, including any required modifications.

(b)

In reaching his decision as to whether or not the change is substantial enough to require reference to the council, the planning director shall use the following criteria:

(1)

Any increase in intensity of use shall constitute a modification requiring council action. An increase in intensity of use shall be considered to be an increase in usable floor area, an increase in the number of dwelling or lodging units, or an increase in outside land area devoted to sales, displays or demonstrations.

(2)

Any change in parking areas resulting in an increase or reduction of five percent or more in the number of spaces approved shall constitute a change requiring council action.

(3)

Structural alterations significantly affecting the basic size, form and style of a building, as shown on the approved plan, shall be considered a change requiring council consideration.

(4)

Any reduction in the amount of open space, resulting in a decrease of more than five percent or any substantial change in the location or characteristics of open space, shall constitute a change requiring council consideration.

(5)

Any change in use from one use group to another shall constitute a change requiring council consideration.

(6)

Substantial changes in pedestrian or vehicular access or circulation shall constitute a change requiring council consideration.

Changes other than as indicated above shall be made only by new PD or other amendments.

(Code 1972, § 26-14.5.7; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

Final plan approval is an administrative action. No public notice or hearing is required in connection with approval proceedings on final plans or changes in approved plans. The planning director may hold meetings with such notice as he deems appropriate, in connection with such actions.

(Code 1972, § 26-14.5.8; Ord. No. 91.53, 10-16-1991)

If actions required in any amendment establishing a PD district are not taken within the time limit set, the planning director shall review the circumstances and recommend to the council that:

(1)

PD zoning for the entire area be continued with revised time limits;

(2)

PD zoning be continued for part of the area, with or without revised time limits, and the remainder be rezoned to an appropriate category; or

(3)

The entire district be rezoned from PD to an appropriate category.

Such recommendations shall include proposals for appropriate action in respect to any legal instruments in the case.

(Code 1972, § 26-14.5.9; Ord. No. 91.53, 10-16-1991; Ord. No. 2002.31, 8-21-2002)

The following regulations and requirements apply to planned development housing (PD-H) districts, defined for purposes of these regulations as planned development districts primarily for dwelling and related uses and facilities.

(1)

Where permitted; intent concerning timing. PD-H districts may hereafter be established in accordance with the general procedures and requirements set forth in sections 102-495 through 102-504, and with intensities and in locations in accordance with the official zoning atlas.

(2)

Permitted principal and accessory uses and structures.

a.

Principal.

1.

Dwellings, one-family, two-family and multiple family.

2.

Churches.

3.

Schools.

4.

Noncommercial social, recreational and cultural facilities such as neighborhood or community centers, game rooms, library, golf courses, swimming pools, marinas, tennis courts and the like.

5.

Structures and uses required for operation of a public utility, performance of a governmental function, or performance of any function necessary for the operation or maintenance of the planned development and otherwise permitted under these or general regulations, subject to the requirements thereof.

b.

Accessory. Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures, including, in a multifamily building or closely related complex of multifamily buildings having a total of at least 50 dwelling units, establishments for sale of convenience goods, eating and drinking establishments, and professional and personal service establishments, provided that the floor area occupied by all such establishments shall not total an amount in excess of ten percent of the residential floor area of such multiple family building or complex. Such establishments shall be designed and scaled to meet only the requirements of occupants and their guests. There shall be no evidence of such establishments from any public street.

(3)

Minimum land areas (revisions 11-14-1990). The minimum gross land area required for creation of a PD-H district in each zoning district shall be:

(4)

Maximum allowed intensity of residential development permitted. The maximum permitted intensity of residential development within the various zoning districts shall be as shown in Table 4-2.

(5)

Site planning.

a.

External relationships. Site planning within the district shall provide protection of the development from potentially adverse surrounding influences and protection of surrounding areas from potentially adverse influences within the development. In particular:

1.

Vehicular access points. Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes or traffic dividers and extra width of the approach street shall be required where existing or anticipated heavy flows indicate need. In general, minor streets shall not be connected with streets outside the districts in such a way as to encourage use of such minor streets by substantial amounts of through traffic.

2.

Access for pedestrians and cyclists. Access for pedestrians and cyclists entering or leaving the district shall be by safe and convenient routes. Such access need not be adjacent to, or limited to the vicinity of, vehicular access points. Where there are crossings of pedestrian ways and vehicular routes at edges of planned developments, such crossings shall be safely located, marked and controlled, and where such ways are exposed to substantial vehicular traffic at edges of districts, safeguards may be required to prevent crossings except at designated points. Bicycle or bridle paths, if provided, shall be so related to the pedestrian way system that street crossings are combined.

3.

Protection of visibility. Protection of visibility for automotive traffic, cyclists and pedestrians shall be as generally provided in section 102-237. In addition, where there is pedestrian or bicycle access from within the development to a street at its edges by paths or across yards or other open space without a barrier to access to the street, no material impediment to visibility, as defined therein, shall be created to be maintained within areas appropriate to the circumstances of the case, but in any event within a visibility triangle equivalent to that required in section 102-237.

4.

Uses adjacent to single-family residence districts. Where a PD-H district adjoins a single-family residence district without intervening permanent open space at least 100 feet in width serving as a separation for buildable areas, the portion of the perimeter of the PD-H district so adjoining shall be planned and developed only for uses permitted in the adjoining residential district and in accordance with all other requirements for such district; provided, however, that in lieu of development, common open space for the PD-H district to a depth of 100 feet from the district boundary may be permitted. No intensive recreational use or off-street parking shall be permitted within 75 feet of the district boundary in such circumstances. (See section 102-290.) The width of permanent open space, however, may be reduced from 100 feet to not less than 40 feet if screening in the form of natural landscape plantings, planted berms, walls, or fences is provided. Screening shall be encouraged in the form of natural landscape plantings. Where sufficient room exists to place a screen consisting of natural planting or maintain an existing screen of natural plantings, such natural plantings shall be used as the required form of screening. Otherwise, screening in the form of a planted berm, wall or fence may be used. The council may approve a combination of natural planting, berm, wall or fence, if they determine that the spirit and intent of this section are met by such combination. The council may also approve screening consisting of existing natural plantings where such plantings are of such height and depth to meet the intent and spirit of this section.

i.

Natural plantings. Where natural plantings are used, a buffer strip shall be planted. This strip shall be free of all encroachment by structures, parking areas or other impervious surfaces (except driveways, sidewalks or other pedestrian or bicycle paths). The amount and type of buffer materials to be planted per 100 linear feet shall be five canopy trees, three understory trees, and 20 shrubs.

A.

Canopy trees shall have a minimum caliper of two inches, measured six inches above the ground at the time of planting.

B.

Understory trees shall have 1½ inches minimum caliper, measured six inches above the ground at the time of planting.

C.

Shrubs shall be evergreen and at least 24 inches tall when planted with an average height of five feet to be expected as normal growth within four years.

The arrangement of trees and shrubs in the buffer area shall be done in a manner that provides a visual separation between abutting land uses. Shrubs shall be massed in rows or groups to achieve the maximum screening effect. All specifications for the measurement, quality, and installation of trees and shrubs shall be in accordance with the "American Standards for Nursery Stock" published by the American Association of Nurserymen, and free of disease and with the Manual of City Specifications.

ii.

Walls or fences. Any wall shall be constructed in a durable fashion with a finished surface of brick, stone or other decorate masonry material approved by the council. Fences shall be constructed of wood in a durable fashion and of durable, weather-resistant wood fencing materials and of consistent pattern. No wall or fence shall be less then six feet nor greater than eight feet in height above grade unless approved by the council. All walls or fences used for screen purposes shall be opaque.

iii.

Berms. All berms shall be planted with required plant material as specified under subsection i., Natural plantings. The only exemption is a permitted 25 percent reduction in the number of shrubs. Berms shall be a minimum height of four feet with a maximum slope of 3:1. Berms in excess of six feet in height shall have a maximum slope of 4:1 as measured from the exterior property line. All berms shall be planted with trees, shrubs and ground covers to prevent erosion and to leave no bare spots. In the event that it can be demonstrated that existing vegetation meets the intent of this section, the council may waive the requirements for plant materials. The council shall determine whether existing vegetation is acceptable. Required buffers shall not be disturbed for any reason except for required driveways, sidewalks, or other pedestrian or bicycle paths, walls, fences, or required landscaping, landscaping maintenance and construction of berms, or utility lines.

5.

Screening at edge of district. Yards, fences, walls or vegetative screening at edges of PD-H districts shall be provided where needed to protect residents from undesirable views, lighting, noise or other offsite influences, or to protect occupants of adjoining residential districts from similar adverse influences within the PD-H district. In particular, extensive off-street parking areas and service areas for loading and unloading vehicles other than passenger, and areas for storage and collection of refuse and garbage shall be screened.

6.

Height limitations at edge of district. Except along boundaries where adjoining districts permit greater heights within similar area, in addition to height limitations applying generally within PD-H districts, no portion of any building in such district shall project though imaginary planes leaning inward from district boundaries at an angle representing an increase in height of 0.5 foot for each foot of horizontal distance perpendicular to the district boundary.

7.

Signs visible from outside district. No signs visible from outside PD-H districts shall be erected within such districts other than not to exceed two signs identifying the development, with total maximum surface area not to exceed 16 square feet, at each principal entrance to the development. In addition, during the process of construction and initial sale or rental within such development, temporary announcement signs may be allowed, as provided in section 102-348.

b.

Internal relationships. The site plan shall provide for safe, efficient, convenient and harmonious grouping of structures, uses and facilities, for appropriate relation of space inside and outside buildings to intended uses and structural features, and for preservation of desirable natural features and minimum disturbance of natural topography. In particular:

1.

Layout of streets, drives, parking and service areas. Streets, drives, parking and service areas shall provide safe and convenient access to dwelling units and general facilities, and for service and emergency vehicles. Streets shall not be so laid out as to encourage outside traffic to traverse the development on minor streets, nor occupy more than is required to provide access as indicated, nor create unnecessary fragmentation of the development into small blocks. In general, block size shall be the maximum consistent with use and shape of the site and the convenience and safety of occupants.

2.

Vehicular access to streets. Vehicular access to streets shall be limited and controlled as follows:

i.

If the street or portion thereof serves 50 or less dwelling units, vehicular access from off-street parking and service areas may be directly to the street from the sites of individual dwelling units. Determination of number of dwelling units served shall be based on normal routes of traffic anticipated in the development.

ii.

Vehicular access to other streets or portions of streets from off-street parking and service areas shall be so combined, limited, located, designed and controlled as to channel traffic from and to such areas conveniently, safely and in a manner which minimizes marginal traffic friction and promotes free flow of traffic on streets without excessive interruption.

3.

Ways for pedestrians and cyclists.

i.

Walkways shall form a logical, safe and convenient system for pedestrian access to all dwelling units, project facilities, and principal off-site pedestrian destinations. Maximum walking distance in the open between dwelling units and parking areas, delivery areas and refuse and garbage storage areas intended for use of occupants shall not exceed 100 feet.

ii.

Walkways to be used by substantial numbers of children as play areas or routes to school or other destinations shall be so located and safeguarded as to minimize contacts with normal automotive traffic. If substantial bicycle traffic is anticipated, bicycle paths shall be coordinated with the walkway system. Street crossings shall be held to a minimum on such walkways, shall be located and designed to promote safety, and shall be appropriately marked and otherwise safeguarded.

iii.

Pedestrian ways and bicycle paths, appropriately located, designed and constructed, may be combined with other easements and used by emergency and service vehicles, but shall not be used by other automotive traffic, including motor bikes and motorcycles.

4.

Protection of visibility for automotive traffic, cyclists and pedestrians. Protection of visibility for automotive traffic, cyclists and pedestrians shall be as provided at subsection (5)a above.

(Code 1972, § 26-14.7; Ord. No. 91.53, 10-16-1991; Ord. No. 93.48, § 1, 9-22-1993; Ord. No. 2002.31, 8-21-2002)

The following regulations and requirements apply to planned development shopping center (PD-SC) districts, defined for purposes of these regulations as planned development districts for neighborhood, PD-SC(N); community, PD-SC(C); or regional, PD-SC(R) shopping centers:

(1)

Where permitted; intent. PD-SC districts may hereafter be established in accordance with the general procedures and requirements as set forth in sections 102-495 through 102-504. It is the intent of these regulations to provide for development of such centers in scale with surrounding market areas, at locations appropriate, and in accord with standards set forth herein, to serve areas not already conveniently and adequately provided with commercial and service facilities of the kind proposed. It is further the intent to permit the establishment of such districts only where planned centers with carefully related buildings, parking and service areas, and landscaped open space will serve clearly demonstrated public need, reduce marginal traffic friction below that which would result from strip commercial development, and protect property values in surrounding neighborhoods. It is further intended that PD-SC districts shall provide a broad range of facilities and services appropriate to the general need of the area served. To these ends:

a.

PD-SC(N). Planned development shopping center (neighborhood) districts are intended but not required to be built around a supermarket as the major use, and to provide for the sale of convenience goods, for provision of personal services, and for other frequent needs of a trade area within approximately one to ten minutes driving time and which do not exceed 50,000 square feet in size. PD-SC(N) centers shall be located only with direct access to, and preferably at intersections of, streets of a collector or more intensive category, or on suitable frontage roads adjacent to such streets. Access from minor streets is prohibited, except where such access would not encourage through traffic on such streets.

b.

PD-SC(C). Planned development shopping center (community) districts are intended but not required to be built around a department store or substantial variety store as the major tenant, in addition to a supermarket. Such centers, which do not usually have a full-line department store, normally serve a trade area within ten to 15 minutes driving time. The size of these centers shall not be less than 50,000 square feet, and shall not exceed 100,000 square feet. PD-SC(C) centers shall be located only with direct access to, and preferably at intersections of, streets of a collector or more intensive category, or on suitable frontage roads adjacent to such streets. Access from minor streets is prohibited, except where such access would not encourage through traffic on such streets.

c.

PD-SC(M). Planned development shopping center (major) districts are intended to be built around one or more full-time department stores, and to serve an area within 25 minutes driving time. PD-SC(M) centers shall be located only at intersections of arterial streets and controlled access roads, or on suitable frontage roads adjacent to such streets or to freeways, if near interchanges. Such centers may have secondary access to collector streets. Access from local streets is prohibited, except where such access would not encourage through traffic on such streets.

(2)

Permitted principal and accessory uses and structures. The following principal and accessory uses and structures may be permitted in PD-SC districts, subject to the limitations and requirements set forth. The listings are intended to be illustrative (except where limitations are set forth) rather than rigidly inclusive, and PD-SC rezoning may be denied if a proposed center does not provide a sufficient range of establishments to provide for the general needs of the trade area proposed to be served.

a.

PD-SC(N) districts.

1.

Retail stores, including:

i.

Bakers, confectioneries, delicatessens, fish markets, meat markets and the like, with products processed or prepared on the premises and sold only at retail on the premises.

ii.

Clothing stores, shoe stores.

iii.

Drugstores, newsstands, tobacco shops.

iv.

Florist, gift shops, jewelry stores, stationery stores, specialty shops.

v.

Groceries, supermarkets.

vi.

Hardware, sporting goods, garden supply stores.

vii.

Variety stores.

viii.

Pawn shops.

ix.

Antique stores.

2.

Personal service establishments, including:

i.

Barber shops, beauty shops.

ii.

Cleaning and laundry agencies; cleaning, dyeing and laundry establishments not employing more than five persons in cleaning and/or laundry operations, and processing only goods delivered to and picked up from the premises by individual customers; coin-operated laundry and dry-cleaning facilities.

3.

Eating and drinking establishments, other than drive-in.

4.

Medical and dental offices and clinics, but not general office use; establishments for fitting and repairing eyeglasses, hearing aids and the like.

5.

Automobile service operations, but not repair garages; provided that not more than one service operation shall be permitted in any PD-SC(N) district, and that no site for such service station shall occupy more than 15,000 square feet.

6.

Public buildings and uses appropriate to the character of the district or requiring location within the district.

7.

Public utilities installations and substations, provided that public utilities offices or storage or maintenance operations shall not be permitted. Utilities substations other than individual transformers shall be screened from adjacent residential districts by a masonry wall or a fence with a properly maintained screening hedge.

8.

Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures.

9.

Offices not exceeding 30 percent of total gross leasable area.

10.

Membership organizations as defined in section 102-7.

b.

PD-SC(C) districts: All uses permitted as for PD-SC(N) with the following additions and variations:

1.

Department stores.

2.

Financial institutions, such as branch banks and savings and savings and loan institutions.

3.

Furniture and home furnishing stores.

4.

Offices, with total office space not exceeding 30 percent of total gross leasable area.

5.

Automobile service operations, but not repair garages; provided that no more than two service operations shall be permitted in any PD-SC(C) district, and that no automobile service operation sites shall consist of more than 57,000 square feet, and that total area in service station use shall not exceed five percent of the area of the district.

6.

Automotive supply establishments.

7.

Theaters, bowling alleys, and similar indoor commercial recreation establishments.

c.

PD-SC(M) districts: All uses permitted as for PD-SC(C) with the following additions and variations:

1.

Offices, with total office space not exceeding 35 percent of total gross leasable area.

2.

Auto sales and service establishments.

(3)

Minimum and maximum land area for PD-SC district. Minimum net land area required for creation of PD-SC districts, and maximum net land area permitted, shall be as follows:

Minimum land area requirements shall not apply where a PD-SC district previously created is proposed for enlargement, but such enlargement shall not result in exceeding the maximum set for the class of district, unless the proposed amendment is for establishment of a different class, and all other requirements for that class are met.

(4)

Height limitations. Maximum height of buildings within 35 feet of property lines at the edges of the district shall be 35 feet. Height may be increased one foot for each two feet of additional distance from such property lines.

(5)

Pedestrian and landscaped common area requirements. An area equal to at least 0.20 times the land area of the district shall be reserved for pedestrian use and landscaping, and shall be improved and maintained accordingly. Such area may include covered malls for general pedestrian use, exterior walkways, play areas for children, outdoor seating areas and the like where the facilities are available for common use by tenants and visitors. Improved deck and roof areas may be included as such common area.

(6)

Off-street parking and loading requirements. Off-street parking shall be provided as required by article IX of this chapter. Off-street loading shall be provided with area location and design appropriate to the needs of occupants of the district and protection of adjacent property from adverse effects. No space designated as required off-street parking space for the general public shall be used as off-street loading space or maneuvering room for vehicles being loaded or unloaded.

(7)

Underground electrical and telephone utilities. Electrical and telephone service lines shall be underground in any PD-SC district.

(8)

Sign limitations. No signs intended to be read from outside the district shall be permitted except:

a.

One sign structure, not exceeding 25 feet in height and having not more than two sign surface areas, each of which shall be limited to 20 square feet per surface for each acre of land within the property lines of the district, may be erected to identify the center along each principal street frontage from which there is a major entrance to the center. Such signs, which may not exceed 400 square feet in total sign area, may identify the center, as a whole, and the establishment's activities and facilities within the center, but shall not include other advertising.

b.

One suspended sign for each use is permitted under canopies, awnings, or covered pedestrian travel areas which shall be at least eight feet above the travel area.

c.

Signs directing traffic to and from and within parking areas on site, but bearing no advertising matter and limited to two square feet per sign. A maximum of two signs shall be permitted at ingress and egress to points to the shopping center.

d.

For individual establishments, there shall be no limit to the number of signs for the principal frontage wall or for any other wall exposed to an adjoining street other than a minor residential street, provided such signs are mounted on the building and do not extend above its lower roof line. The square footage of signs to be mounted on the principal frontage wall shall not cumulatively exceed ten percent of the area of principal frontage wall. The square footage of signs to be mounted on any wall other than the principal frontage wall shall not cumulatively exceed five percent of the area of the wall involved. Insofar as reasonably practicable, no signs in PD-SC districts shall be oriented toward nearby residential districts.

(9)

Site planning.

a.

Orientation of uses and structures. Orientation of permitted uses and structures shall be toward streets other than adjacent minor streets in residential neighborhoods, and away from such neighborhoods, whether or not the district is separated from residential areas by streets.

b.

Vehicular and pedestrian access.

1.

Principal vehicular access points shall be designed to encourage smooth traffic flow with controlled turning movements and minimum hazards to vehicular or pedestrian traffic. Merging and turnout lanes, frontage streets, and/or traffic dividers shall be required where existing or anticipated heavy flows indicate need.

2.

Whether required or provided voluntarily, such merging and turnout lanes, frontage streets and/or traffic dividers may be included as part of the required yard adjacent to the street, provided, however, that no such lanes, streets or dividers shall be located in any part of any required landscaped yard established as required in subsection c.1 below.

3.

Pedestrian access may be provided at any suitable locations within the district, but shall, where practicable, be separated from vehicular access points in order to reduce congestion, marginal friction and hazards, except where signalization is used in such a manner as to control pedestrian and vehicular movements safely.

c.

External yards. External yards with a minimum width of 35 feet shall be provided along all property lines at edges of PD-SC districts except where such districts adjoin other commercial or industrial districts. Landscaping and use of such yard, except where traversed by permitted vehicular access ways, shall be provided below:

1.

Along collector or arterial streets, except in areas described in subsection 2., below, the nearest 15 feet to the right-of-way shall be maintained in landscaping, which may include walkways, unless turnout or merging lanes are provided, in which case the nearest ten feet to the turnout or merging lane shall be landscaped. The remainder of such yard may be used for off-street parking.

2.

Where side yards in residential districts adjoin the PD-SC districts without an intervening street, the nearest 15 feet to the zoning boundary line within the PD-SC district shall be maintained in landscaping, not including walkways other than continuations of sidewalks along the street, for a distance equal to minimum front yard depth required in the adjoining residential district, and no vehicular access or parking shall be permitted in such landscaped area.

3.

Where lots in residential districts face a PD-SC district across minor streets, the nearest ten feet to the right-of-way within the PD-SC district shall be maintained in landscaping and no off-street parking shall be permitted in such area. Vehicular and pedestrian access through such landscaped strip shall be only where provided for convenience of residents of adjoining residential area, and shall not be so located or provided as to encourage general public access or through traffic on local residential streets.

4.

In all other yards, except where adjacent to commercial or industrial districts, the nearest ten feet to the district boundary shall be maintained in landscaping, including walkways, except for permitted vehicular access ways; no off-street parking shall be permitted in such area.

In general, landscaping as required above shall be of a nature which conceals extensive parking areas, service areas within the district, and other undesirable views into the district, where such concealment is reasonably practicable, but shall not create hazards to automotive traffic or pedestrians by reducing visibility at intersections within or adjoining the district. Where deemed necessary for protection of adjacent property against the adverse effects of noise, lights or undesirable view, fences, walls or hedges of an appropriate character may be required.

d.

Internal relationships.

1.

In general, the plan shall provide a unified and well-organized arrangement of buildings, service areas, parking and pedestrian and landscaped common areas providing for maximum comfort and convenience of visitors and occupants. Commercial buildings shall be so grouped in relation to parking areas that, after visitors arriving by automobile enter the walkway system, establishments can be visited conveniently with a minimum of internal automotive movements.

2.

Facilities and access routes for shopping center deliveries, servicing and maintenance shall be located and arranged so as to prevent interference with pedestrian traffic in the center.

3.

Service stations, if provided, shall be so located so that operations do not interrupt pedestrian or traffic flows in other parts of the center.

4.

Loading zones where customers pick up goods shall be so located and arranged as to prevent interference with pedestrian movement within the center.

(10)

Maximum permitted floor ratio.

(Code 1972, § 26-14.8; Ord. No. 91.53, 10-16-1991; Ord. No. 92.49, § 1, 8-19-1992; Ord. No. 95.41, § 1, 6-21-1995; Ord. No. 96.38, § 1, 6-19-1996)

(a)

Definition; intent; where permitted. PD-O&I districts may hereafter be established in accordance with the general procedures and requirements set forth in sections 102-495 through 102-504. Such districts are defined as planned development districts for establishment of complementary groupings of office and institutional uses. Where developments exist, or are proposed and previously approved developments are in progress, which are of a nature substantially in accord with the intent of these regulations, they may be rezoned to PD-O&I status, and shall thereafter be subject to the regulations and requirements for such districts. It is the intent of these regulations to provide for development of such districts at locations appropriate in terms of the adopted land development plan in accordance with standards set forth herein. It is further intended that PD-O&I development shall be scaled, balanced and located to reduce general traffic congestion by providing employment to principal places of residence, and convenient pedestrian circulation systems and mass transit access to further reduce need for private automobiles. Within such districts, it is intended that uses shall be so arranged horizontally or vertically so that:

(1)

Major vehicular traffic flows and other disquieting influences be so separated from residential areas so as to protect privacy and tranquility;

(2)

General commercial and service uses be concentrated for maximum pedestrian convenience and located for easy accessibility by workers and visitors arriving by mass transit; and

(3)

Major office and institutional uses be so located as to be convenient to mass transit.

Where such districts adjoin residential neighborhoods, it is intended that arrangement of buildings, uses, open space and vehicular access be such as to provide appropriate transition and reduce potentially adverse effects.

(b)

Permitted principal uses and structures. The following permitted principal uses and structures are allowed:

(1)

Offices; clinics (other than veterinary offices or clinics); studios; laboratories.

(2)

Funeral homes.

(3)

Banks, savings and loan associations, and similar financial institutions.

(4)

Hospitals.

(5)

Structures and uses required for operation of a public utility or performance of a governmental function, except uses involving extensive storage, or with storage as the principal purpose.

(6)

Schools, primary and secondary.

(7)

Churches.

(8)

Cemeteries, human.

(9)

Business, professional, labor, civic, social and fraternal offices.

(10)

Child care nurseries; day care centers; pre-kindergarten, kindergarten, play and other special schools or day care facilities for young children.

(11)

Library, museum, and galleries.

(12)

Auditoriums and ancillary facilities.

(13)

Community center buildings.

(c)

Permitted accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures shall be permitted in this district.

(d)

Permitted intensity of development. The maximum permitted floor area ratio in these districts shall be 0.5.

(e)

Setbacks required adjacent to residential districts. Where PD-O&I districts adjoin residential districts without an intervening street or alley, a setback at least 20 feet in width, for a rear yard, shall be provided along such joint boundary. Setbacks required above shall not be used for parking nor shall they be used for driveways serving five or more parking spaces.

(f)

Site planning.

(1)

External relationships. Relations of the district to surrounding areas shall be as provided for PD-H districts in section 102-505(5)a, External relationships.

a.

Requirement for arterial, collector or mass transit access. No PD-O&I district shall be created except where mass transportation or direct access to an arterial street or collector street is available, or is made available, at convenient locations at the edges of or within the district. Such mass transportation or street access shall be at a scale and of a character suited to the needs of occupants and visitors.

b.

Separation of vehicular use from pedestrian areas. Streets, parking areas and service areas shall be so located and designed as to separate private vehicular use within the district from principal pedestrian areas. Such separation may be horizontal, with vehicular areas concentrated and grouped in a logical location or locations at edges of the district adjacent to major or collector streets, or vertical, with vehicular areas under buildings.

c.

Spacing of buildings. Spacing of buildings or portions of buildings shall be as provided in article V of this chapter.

(2)

Reserved.

(g)

Sign limitations. The following limitations and requirements shall apply to signs in PD-O&I districts:

(1)

Off-site advertising signs prohibited. Off-site advertising signs are prohibited in PD-O&I districts.

(2)

Limitations on signs intended to be read from outside the district, or from public streets within the district. No signs intended to be read from outside the district, or from public streets within the district, shall be permitted, except as indicated below. Limitations in this subsection shall not be construed to apply to signs visible only from pedestrian ways or private streets and adjoining buildings and groups within the district, or to signs or sign structures erected by the city.

(3)

General identification signs for the development as a whole shall be permitted as follows: One sign structure, not exceeding 25 feet in height, and having not more than two sign surface areas, each limited to 40 square feet, may be erected inside or outside required setbacks adjacent to public streets, provided that no such sign shall overhang a public way or be so located or constructed as to create a dangerous impediment to traffic visibility. Such signs may identify the development as a whole and bear directional information, but shall contain no advertising matter.

(4)

Minor directional sign structures, having not more than two sign surface areas, each limited to four square feet may be erected as reasonably necessary for the safety and convenience of visitors to the center. Such signs shall bear no advertising matter other than the name of the development as a whole or an indication of the portion of the development to which direction is given.

(5)

Signs identifying individual establishments or offices from public streets shall be permitted as follows:

a.

One sign mounting, attached to the wall of the building, and containing not more than two sign surfaces, each with maximum surface area of 30 square feet. Such signs shall not project more than 18 inches from the wall to which attached or extend above any lower roof line, or in any case above a height of 20 feet above ground level.

b.

One identification sign, not exceeding two square feet in area, shall be permitted on each display window, and on each principal entrance.

(Code 1972, § 26-14.9; Ord. No. 91.53, 10-16-1991)

The following regulations and requirements apply to planned development mixed use (PD-MU) districts:

(1)

Definition; intent; where permitted. PD-MU districts may hereafter be established in accordance with the general procedures and requirements set forth in sections 102-495 through 102-504. Such districts are defined as planned development districts for establishment of complementary groupings of residential, commercial and office uses. Where existing developments exist, or proposed and previously approved developments are in progress, which are of a nature substantially in accord with the intent of these regulations, they may be rezoned to PD-MU status, and shall thereafter be subject to the regulations and requirements for such districts. It is the intent of these regulations to provide for development of such districts at locations appropriate in terms of the adopted land development plan, and in close proximity to collector and arterial street facilities, in accord with standards set forth herein. It is further intended that PD-MU development shall be in complexes within mutually supporting residential, commercial and office uses are scaled, balanced and located to reduce general traffic congestion by providing housing close to principal destinations, and convenient pedestrian circulation systems and mass transit devices to further reduce need for private automobiles. Within such districts, it is intended that uses shall be arranged horizontally or vertically so that:

a.

Residential uses be so separated from major vehicular traffic flows and other disquieting influences as to protect privacy and tranquility; or

b.

General commercial and service uses be concentrated for maximum pedestrian convenience and located for easy accessibility by residents of the district, workers within the district, and visitors arriving by mass transit, and that commercial frontage is uninterrupted by residential or office uses; and

c.

Major office uses be so located so as to be convenient to collector or arterial streets.

Where such districts adjoin residential neighborhoods, it is intended that arrangement of buildings, uses, open space and vehicular access be such as to provide appropriate transition and reduce potential adverse effects.

(2)

Permitted principal uses and structures. The following permitted principal uses and structures are allowed:

a.

Dwellings, one-family, two-family and multifamily, detached, semi-detached and attached.

b.

Offices, clinics, studios, laboratories.

c.

Banks, savings and loan associations, and similar financial institutions.

d.

Retail stores except those dealing in secondhand merchandise.

e.

Eating and drinking establishments, catering establishments, delicatessens and bakeries with products sold at retail on the premises.

f.

Barber shops, beauty shops and similar personal service establishments.

g.

Laundry and dry cleaning collection stations, laundry and dry cleaning plants employing not more than five persons in any one shift in actual laundering or dry cleaning establishments where equipment is operated by customers.

h.

Tailoring, custom dressmaking, millinery and similar establishments with on-premises retail sales only.

i.

Repair establishments for home appliances, bicycles, lawn mowers, shoes, clocks and watches and the like.

j.

Hotels, motels.

k.

Child care nurseries, day care centers, pre-kindergarten, kindergarten, play and other special schools or day care facilities for young children.

l.

Churches, synagogues, temples and the like.

m.

Recreation establishments, including theaters, bowling alleys, pool rooms, billiard parlors and the like.

n.

Structures and uses required for operation of a public utility or performance of a governmental function, except uses involving extensive storage, or with storage as the principal purpose; railroad rights-of-way, stations or tracks, but not railroad yards, or major storage or warehousing operations.

Automobile sales or repair and service stations are not permitted in this district.

(3)

Permitted accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental to permitted principal uses and structures shall be permitted in this district.

(4)

Minimum required gross land area. The minimum required gross land area for the establishment of PD-MU districts shall be 80,000 square feet.

(5)

Maximum permitted floor area ratio. The maximum permitted floor area ratio for PD-MU districts shall be 1.5.

(6)

Pedestrian and landscaped common areas. For uses other than residential, the same amount of area shall be required in pedestrian and landscaped areas as would be required as open space for a residential use. In relation to nonresidential uses, such space may include covered malls for general pedestrian use as well as exterior walkways, play areas for children, outdoor seating areas and the like. When covered malls are so included, they shall be excluded in computing floor area.

(7)

Recreation space. Recreation space shall not be required, except in connection with residential uses.

(8)

Off-street parking. Off-street parking shall be provided as required in article IX of this chapter.

(9)

Minimum yard requirements adjacent to public streets. Minimum front yards adjacent to public streets shall be 30 feet.

(10)

Yards required adjacent to residential districts. Where PD-MU districts adjoin residential districts without an intervening street or alley, a yard at least 20 feet in width, if a side yard, or depth, if a rear yard, shall be provided along such joint boundary.

(11)

Restrictions on vehicular use of yards required adjacent to public streets. Yards required above shall not be used for parking, and yards required above adjacent to residential districts shall not be used for driveways serving five or more parking spaces.

(12)

External relationships. Relation of the district to surrounding areas shall be as provided for PD-H districts in section 102-505(5).

a.

Requirement for mass transit and street access. No PD-MU district shall be created except where mass transportation or direct access to an arterial or collector street is available, or is made available, at convenient locations at the edges of or within the district. Such mass transportation and street access shall be at a scale and of a character suited to the needs of occupants and visitors.

b.

Location of uses in relation to adjoining residential districts. Where a PD-MU district adjoins any residential district, with or without an intervening street or alley, to the maximum extent reasonably practicable, residential uses within the PD-MU district shall be located adjacent to the residential district, and nonresidential uses and signs shall be located and oriented away from the residential district.

(13)

Internal relationships. The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses, facilities and open spaces in a manner facilitating pedestrian movement between major origins and destinations within and adjacent to the district with a minimum of conflicts with vehicular traffic. In particular:

a.

Pedestrian systems and open space net. Pedestrian movement through buildings shall relate to a network of exterior open spaces reserved for pedestrian use and enjoyment. Interior and exterior pedestrian ways shall be scaled for anticipated traffic and form a convenient pattern connecting major concentrations of uses within the district.

b.

Streets, parking areas and service areas shall be so located and designed as to separate private vehicular use within the district from principal pedestrian areas. Such separation may be horizontal, with vehicular areas concentrated and grouped in a logical location or locations at edges of the district adjacent to major or collector streets, or vertical, with vehicular areas under buildings.

c.

Relationship of uses shall be such that major commercial and service establishments are grouped for maximum pedestrian convenience along frontages uninterrupted by residential or general office occupancies. Residential or general office uses may either be in separate areas within the districts, or may be separated vertically from commercial and service concourses.

(14)

Sign limitations. The following limitations and requirements shall apply concerning signs in PD-MU districts:

a.

General advertising signs prohibited. General advertising signs are prohibited in PD-MU districts.

b.

Limitations on signs intended to be read from outside the district, or from public streets within the district. No signs intended to be read from outside the district, or from public streets within the district, shall be permitted except as indicated below. Limitations in this subsection shall not be construed to apply to signs visible only from pedestrian ways or private streets and adjoining buildings and groups within the district, or to sign or sign structures erected by the city or authorized display of public notices.

c.

General identification signs. General identification signs for the development as a whole shall be permitted as follows: One sign structure, not exceeding 25 feet in height, and having not more than two sign surface areas, each limited to 30 square feet, may be erected inside or outside required yards adjacent to public streets, provided that no such sign shall overhang any public way or be so located or constructed as to create a dangerous impediment to traffic visibility. Such signs may identify the development as a whole and bear directional information, but shall contain no advertising matter.

d.

Minor directional sign structures. Minor directional sign structures, having not more than two sign surface areas, each limited to four square feet, may be erected as reasonably necessary for the safety and convenience of visitors to the center. Such signs shall bear no advertising matter other than the name of the development as a whole or an indication of the portion of the development to which direction is given.

e.

Identification signs for major buildings or complexes. Identification signs for major buildings or complexes shall be erected only upon the walls of buildings, and shall not project more than three feet beyond the wall upon which mounted, nor above the lower roof line. Only one such sign shall be permitted for each face of the building visible from a public street other than a minor residential street, except that where the length of such face of the building exceeds 150 feet, a second sign shall be permitted. Maximum area allotment for any such signs shall be 100 square feet, or two percent of the surface area of the building on the exposure involved, up to a maximum of 300 square feet. Such signs shall indicate only the name of the building or complex and the nature of the establishments therein.

f.

Signs identifying individual commercial or service establishments or offices. Signs identifying individual commercial or service establishments or offices from public streets shall be permitted as follows:

1.

One sign attached to the wall of the building, and containing not more than two sign surfaces, each with maximum surface area of 30 square feet. Such signs shall not project more than three feet from the wall to which attached or extend above any lower roof line, or in any case above a height of 20 feet above ground level.

2.

One identification sign, not exceeding two square feet in area, shall be permitted on each display window, and on each principal entrance.

3.

One double-surfaced identification sign, with each surface limited to two square feet, shall be permitted over each principal entrance. Unless suspended from a marquee, such sign shall not project more than three feet from the wall of the building.

4.

Where marquees or awnings are provided, one identification sign, single- or double-face, with area per face limited to two square feet, may be displayed on the street side, and one perpendicular to the building, for every 20 feet of building frontage, provided that spacing shall be arranged so that signs on adjacent establishments are not masked.

(Code 1972, § 26-14.10; Ord. No. 91.53, 10-16-1991)

The following regulations and requirements apply to PD-IP planned industrial park districts:

(1)

Defined; intent; where permitted. PD-IP districts may hereafter be established in accordance with the general procedures and requirements set forth in sections 102-495 through 102-504. Such districts are defined as planned development districts for establishment of complementary groupings of related manufacturing, processing, assembly, research activities and related uses. It is the intent of these regulations to provide for development of such districts as locations appropriate in terms of the adopted land development plan and in accord with standards set forth herein. It is further intended that PD-IP districts shall:

a.

Encourage concentration of complimentary uses grouped adjacent to streets serving large traffic volume, providing well-planned development on sites with adequate frontage and depth to permit controlled access to streets and reduce marginal traffic friction;

b.

Serve as an alternative to further extensions of industrial zoning allowing disorderly strip development; and

c.

Protect stability and property values in surrounding residential neighborhoods.

(2)

Minimum area required for establishment of district; access requirements. No such district shall be established with a land area of less than two acres, with width and depth adequate for the plan proposed but with at least 200 feet of frontage on an arterial or collector street.

(3)

Permitted principal and accessory uses and structures and permissible special uses. Permitted principal and accessory uses and structures and permissible special uses with the exception of junkyards shall be the same as those used allowed in the M-1 and EM-1 zoning districts according to article IV of this chapter. For the PD-IP districts only, permissible special uses shall be considered uses by right and shall not require a public hearing or approval by either the city council or board of adjustment as may be applicable to any particular special use as indicated in article IV of this chapter. In addition, applications for amendments to PD-IP zoning districts may be denied if the proposed district does not contain facilities deemed complementary and compatible, or if a particular group of uses, in themselves complementary and compatible, would be inappropriate in the location proposed because of the character of surrounding development and zoning.

(4)

Floor area limitations. Maximum floor area permitted in any PD-IP district shall be 0.75.

(5)

Height limitations. Maximum height of buildings shall be 35 feet; structures of greater height shall be permitted if, for every foot of height above 35 feet, such structures shall be set back one foot more than the minimum setback specified.

(6)

Off-street parking and loading requirements. Off-street parking and loading requirements shall be as established in article IX of this chapter.

(7)

Underground electrical and telephone utilities. Electrical and telephone service lines shall be underground in any PD-IP district.

(8)

Sign limitations. Sign limitations shall be as provided for PD-SC districts.

(9)

Site planning. Site planning considerations and requirements shall be as provided for PD-MU districts at section 102-508(12) and (13).

(Code 1972, § 26-14.11; Ord. No. 91.53, 10-16-1991; Ord. No. 2005.6, § 1, 4-5-2005)

The following regulations and requirements apply to PD-CCRC planned development continuing care retirement community districts:

(1)

Definition; intent; where permitted. PD-CCRC districts may hereafter be established in accordance with the general procedures and requirements set forth in sections 102-495 through 102-504. Such districts are defined as planned development districts to provide for a planned, high density, multifamily residential community designed specifically for senior citizens. Although the community includes health and nursing care facilities as well as facilities for residents' dining, recreational and social activities, the character of the community is to be residential. The retirement community is to be compatible, both in term of the use itself and its visual and design impact, with the residential character of the surrounding area and the city as a whole. Where existing developments exist, or proposed and previously approved developments are in progress, which are of a nature substantially in accord with the intent of these regulations, they may be rezoned to PD-CCRC status, and shall thereafter be subject to the regulations and requirements for such districts. It is the intent of these regulations to provide for development of such districts at locations appropriate in terms of the adopted land development plan, and in close proximity to collector and arterial street facilities, in accord with standards set forth herein and which are scaled, balanced and located to reduce general traffic congestion by providing housing close to principal destinations, and convenient pedestrian circulation systems and mass transit devices to further reduce need for private automobiles. Within such districts, it is intended that uses shall be arranged horizontally or vertically so that:

a.

Residential uses be so separated from major vehicular traffic flows and other disquieting influences as to protect privacy and tranquility and to promote pedestrian and visual access to open space.

b.

Common service uses be concentrated for maximum pedestrian convenience and located for easy accessibility by residents of the district, workers within the district, and visitors arriving by mass transit.

Where such districts adjoin residential neighborhoods, it is intended that arrangement of buildings, uses, open space and vehicular access be such as to provide appropriate transition and reduce potential adverse effects.

(2)

Permitted principal uses and structures. The following permitted principal uses and structures are allowed:

a.

Residential dwellings. One-family, two-family and multifamily, detached, semi-detached and attached.

b.

Personal care and/or skilled nursing facility for persons age 55 or older or disabled persons.

c.

Common facilities. A structure, structures or land containing common facilities including common dining facilities for residents, recreational and social facilities for residents, health care facilities and services for residents, places of worship, gift shops, snack shops, banks, and barber and beauty shops for residents.

d.

Administrative. Including offices and operational facilities for management of the community and any of its affiliated facilities.

e.

Adult and intergeneration day care facilities.

f.

Operational facilities. Including maintenance and storage facilities.

(3)

Minimum required gross land area. The minimum required gross land area for the establishment of PD-CCRC districts shall be 25 acres (1,089,000 square feet).

(4)

Table of performance regulations for PD-CCRC.

Footnotes:

¹  Elevator cores shall not be considered when calculating building height.

²  Excluding elevator cores.

³  Each dwelling unit in a duplex, townhouse, garden apartment, mid-rise apartment building, and each two-bed residential personal care unit and each three beds in a skilled care nursing facility shall constitute one dwelling unit for purposes of calculating the density of a continuing care retirement community.

⁴  Total open space shall be not less than 30 percent of the gross site area. Such open space may be used to protect natural resources or to provide space for community or recreational facilities. Floodway, floodway fringes, storm water management facilities, required yard and setback areas may be used to satisfy the requirements for open space and calculations as to maximum gross density.

⁵  Minimum yard requirements may be reduced to 25 linear feet if single-family or two-family uses abut exterior property lines.

(5)

Off-street parking. A minimum of one parking space per dwelling unit shall be provided for residential uses and at least one parking space per employee on the shift with the greatest number of employees shall be provided at the personal care/skilled nursing facility, and one space for each employee on the shift of greatest employment at the residential and common facilities.

(6)

Restrictions on vehicular use of yards required adjacent to public streets. Yards required in subsection (4) above shall not be used for parking, and required yards adjacent to residential districts shall not be used for driveways serving five or more parking spaces.

(7)

External relationships. Relation of the district to surrounding areas shall be as provided for PD-H districts in section 102-505(5).

a.

Requirement for mass transit and street access. No PD-CCRC district shall be created except where mass transportation or direct access to an arterial street is available, or is made available, at convenient locations at the edges of or within the district. Such mass transportation and street access shall be at a scale and of a character suited to the needs of occupants and visitors.

b.

Location of uses in relation to adjoining residential districts. Where a PD-CCRC district adjoins any residential district, with or without an intervening street or alley, to the maximum extent reasonably practicable, residential uses within the PD-CCRC district shall be located adjacent to the residential district, and nonresidential uses and signs shall be located and oriented away from the residential district.

(8)

Internal relationships. The site plan shall provide for safe, efficient, convenient and harmonious groupings of structures, uses, facilities and open spaces in a manner facilitating pedestrian movement between major origins and destinations within and adjacent to the district with a minimum of conflicts with vehicular traffic. In particular:

a.

Pedestrian systems and open space network. Pedestrian movement through buildings shall relate to a network of exterior open spaces reserved for pedestrian use and enjoyment. Interior and exterior pedestrian ways shall be scaled for anticipated traffic and form a convenient pattern connecting major concentrations of uses within the district.

b.

Separation of vehicular use from pedestrian areas. Streets, parking areas and service areas shall be so located and designed as to separate private vehicular use within the district from principal pedestrian areas. Such separation may be horizontal, with vehicular areas concentrated and grouped in a logical location or locations at edges of the district adjacent to major or collector streets, or vertical, with vehicular areas under buildings.

c.

Grouping of uses. Relationship of uses shall be such that residential and common facilities are grouped for maximum pedestrian convenience.

d.

Municipal water and sewer service required. All uses in PD-CCRCs shall be connected to and served by municipal water and sewer services.

e.

Approval of utilities. All utilities including water, sewer, electrical, cable television and natural gas shall be installed underground. All plans and accompanying documentation shall be provided to ensure that the water and sewer systems proposed for the PD-CCRC have been approved by appropriate local and state agencies and submitted as part of the application.

f.

Aesthetics and energy efficiency. Although not required by this chapter, it is strongly recommended that the topography and natural features of the site and the direction of prevailing winds and solar orientation shall be considered in planning, designing, location, orienting and constructing all residential and accessory buildings and other structures to improve the aesthetics and energy efficiency of the development.

(9)

Limitations on signs intended to be read from outside the district, or from public streets within the district. No signs intended to be read from outside the district, or from public streets within the district, shall be permitted except as indicated below. Limitations in this subsection shall not be construed to apply to signs visible only from pedestrian ways or private streets and adjoining buildings and groups within the district, or to sign or sign structures erected by the city or authorized display of public notices.

a.

General identification signs for the development as a whole shall be permitted as follows: One sign structure, not exceeding 25 feet in height, and having not more than two sign surface areas, each limited to 30 square feet, may be erected inside or outside required yards adjacent to public streets, provided that no such sign shall overhang any public way or be so located or constructed as to create a dangerous impediment to traffic visibility. Such signs may identify the development as a whole and bear directional information, but shall contain no advertising matter.

b.

Minor directional sign structures, having not more than two sign surface areas, each limited to four square feet, may be erected as reasonably necessary for the safety and convenience of visitors to the center. Such signs shall bear no advertising matter other than the name of the development as a whole or an indication of the portion of the development to which direction is given.

c.

Identification signs for major buildings or complexes shall be erected only upon the walls of buildings, and shall not project more than three feet beyond the wall upon which mounted, nor above the lower roof line. Only one such sign shall be permitted for each face of the building visible form a public street other than a minor residential street, except that where the length of such face of the building exceeds 150 feet, a second sign shall be permitted. Maximum area allotment for any such signs shall be 100 square feet, a second sign shall be permitted. Maximum area allotment for any such signs shall be 100 square feet, or two percent of the surface area of the building on the exposure involved, up to a maximum of 300 square feet. Such signs shall indicate only the name of the building or complex and its nature.

(Code 1972, § 26-14.12; Ord. No. 91.53, 10-16-1991; Ord. No. 2001.55, § 1, 12-12-2001)