(Prior Code, § 56-491) (Am. Ord. 3840, § 1, 4-3-2012)

   (A)   Planned residential districts may be permitted as follows:

 

 

   (B)   The height and bulk of buildings, total area, amount of open space, light and air, the density of population and the parking requirements shall be equal to those in the equivalent district. The uses permitted shall be the same as in the equivalent district, except that there may be, in part of the area of the development, specified uses not permitted by the use regulations in which the development is located, provided that the Planning Commission shall find that:

      (1)   The uses permitted by the exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;

      (2)   The uses permitted by the exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood; and

      (3)   Not more than 20% of the ground area or of the gross floor area of the development shall be devoted to the uses permitted by the exception.

(Prior Code, § 56-492) (Ord. 3531, § 1, 4-6-2004; Am. Ord. 3840, § 1, 4-3-2012)

   Variations and departures from normal practice may be permitted under this subchapter. Each building need not face on a public street and more than 1 building may be located on a lot. Buildings maybe constructed on platted tracts which are smaller than the minimum lot size requirements where other adjacent permanent open space is provided. Buildings maybe served by private drives in lieu of public streets. Buildings maybe located closer to lot lines than otherwise permitted; provided, the buildings are architecturally suitable for such a relationship to adjoining buildings and property. Any building or portion thereof maybe owned in condominium ownership under applicable state laws governing condominiums. The maximum number of dwelling units permitted shall be determined by dividing the net development area by the minimum lot area per dwelling unit required by the district in which the area is located and increasing the resulting figure by 15%. Net development area shall be determined by subtracting the area set aside for non-residential uses from the gross development area and deducting 10% of the remainder for streets, regardless of the amount of land actually required for streets. The area of land set aside for common open space or recreational use may be included in determining the number of dwelling units permitted. However, no variations will be permitted for above ground storage tanks.

(Prior Code, § 56-493) (Am. Ord. 3840, § 1, 4-3-2012)

   (A)   Planned commercial and industrial districts may be permitted as follows:

 

 

   (B)   The height and bulk of buildings, the amount of open space, and the parking and loading requirements shall be equal to those in the equivalent districts, except that off-street parking and setback requirements in the PB-3 District shall be the same as in the B-2 District. The uses permitted and the performance standards shall be the same as in the equivalent district, except that there maybe, in part of the area of the development, specified uses not permitted by the use regulations in which the development is located; provided that the Planning Commission shall find that:

      (1)   The uses permitted by the exception are necessary or desirable and are appropriate with respect to the primary purpose of the development;

      (2)   The uses permitted by the exception are not of such a nature or so located as to exercise a detrimental influence on the surrounding neighborhood; and

      (3)   Not more than 20% of the ground area or of the gross floor area of the development shall be devoted to the uses permitted by the exception.

   (C)   This district may be used to provide for and encourage the grouping of businesses into centers in keeping with modern concepts of office center, service center, shopping center or industrial park design. The further intent and purpose shall be to reduce the need for strips of commercial uses and clusters offering the equivalent in goods and services.

(Prior Code, § 56-494) (Ord. 3516, § 1, 2-17-2004; Am. Ord. 3840, § 1, 4-3-2012)

   (A)   (1)   A tract of land of at least 8 acres for residential, 10 acres for industrial and 5 acres for commercial development maybe zoned to a planned district only upon application by the owner or his or her agent and only upon approval of a development plan for the tract prepared by a registered architect, engineer or landscape architect. The proponents of a planned development shall prepare and submit to the Planning Commission a preliminary development plan containing the following elements:

         (a)   The boundaries of the tract to be developed and the area adjacent for a distance of not less than 300 feet;

         (b)   The existing topography of the tract;

         (c)   The proposed location and arrangement of buildings, structures, parking areas, existing and proposed streets, drives and other public ways, land to be preserved as permanent common open space, drainage, screening, landscaping, and other features of the proposed development;

         (d)   Sufficient approximate dimensions to indicate the relationship between buildings, streets, drives and property lines;

         (e)   Preliminary elevations and plan drawings of proposed buildings, prepared by a registered architect or engineer;

         (f)   A draft of the proposed protective covenants whereby the owner proposes to regulate land use and otherwise protect the proposed development; and

         (g)   A draft of any proposed incorporation agreement and a draft of any bylaws or easement declarations concerning maintenance of recreational and other common facilities.

      (2)   In the case of rezoning applications for purposes of constructing centers having an ultimate floor area of 60,000 square feet or more, a current market analysis of the trade area, prepared by competent and experienced analysts, shall be submitted in support of the application. The analysis shall show plainly and accurately the role that the proposed center will play in the retail economy.

   (B)   The Planning Commission shall advertise and hold a public hearing on the application and plan for changes and amendments. If the development plan is found to be in accordance with the comprehensive land use plan and the best interests of the city and is acceptable to the Planning Commission, in plan and supporting data, the plan shall be approved, properly endorsed and identified, and sent on to the Mayor and City Council for action.

   (C)   Upon final approval of the preliminary development plan, and rezoning of the land, construction may proceed, and conformance with the plan and all supporting documentation is mandatory. All final plans shall be submitted to the Planning Commission and approved as to compliance with the preliminary development plan prior to the issuance of a building permit. All decisions of the Planning Commission maybe appealed to the Mayor and City Council, who may reverse or affirm the decision.

(Prior Code, § 56-495) (Am. Ord. 3840, § 1, 4-3-2012)