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Pantego City Zoning Code

ARTICLE 14

08 SPECIAL AND OVERLAY DISTRICTS

§ 14.08.005 General purpose and description.

A planned development is a district which accommodates coordinated development that promotes new and/or innovative concepts in land utilization. It is intended to promote creative siting arrangements in order to preserve natural features, encourage the conservation of open space, buffer infill tracts and adjacent uses, and provide for development which enhances neighborhood areas. The minimum area for a planned development district shall be at least one (1) acre.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.010 Permitted uses.

A planned development must specify a base zoning district to set a guideline for establishing uses, standards and regulations. Any variances from the uses, standards and regulations of that base district must be specifically listed in the planned development approval ordinance. Any residential or nonresidential uses in this chapter, including those requiring specific use permit, are permitted in a PD district.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.015 Specific developments allowed by PD.

(a) 
Unified area residential development (formerly R-5 residential district).
(1) 
General purpose and description.
Unified area residential developments allow for a planned development of single-family detached dwelling units in a modified residential district that encourages flexibility in lot size, density and incorporating common open space as an integral part of the development.
 
Height
(in feet)
Min. Yard Setback
(in feet)
Lot (in feet)
 
Front
Rear
Side
Min. Size
Min. Width
Min. Depth
Max. Coverage
Min. Living Space
Standard
353
20
10
54
5,000 sq. ft.
50
90
60%
1,200 sq. ft.
3
Accessory structures shall meet the requirements of article 14.10, division 6, “accessory structure and use regulations.”
4
Side yards shall typically be five foot (5'), but shall always be configured so that no exterior walls of neighboring dwelling units or accessory structures are closer than ten feet (10') from each other.
 
No roof overhang, gutter or extension from a wall shall be allowed to extend into a neighboring property.
 
Exterior rooflines that fall or drain toward adjacent properties shall be storm guttered, so as not to affect the neighboring property.
 
Side yards adjacent to street rights-of-way shall be a minimum of fifteen feet (15').
 
Access easements shall be required along side lot lines to allow for no less than a three foot (3') access adjacent to structures.
(2) 
A two car garage shall be required for vehicle parking and shall not be converted into living space.
(b) 
Residential private street development.
(1) 
General purpose and description.
A residential private street development is a development that contains a group of lots that have no frontage on a publicly dedicated street and are accessible by way of a private street or access easement. Such subdivisions may also limit access to lots or dwelling units by the use of a gate, security guard or other active means of limiting access.
(2) 
A residential private street development may be approved as a PD subject to the following criteria:
(A) 
The development shall not cross existing or proposed public streets.
(B) 
The development shall not cross or disrupt an existing or proposed public pedestrian pathway, bicycle trail or otherwise significantly diminish the connectivity of the town.
(C) 
The development shall not have a negative effect on vehicular traffic or negative impact on planning in the area. A traffic impact study may be required to show the impact of any limited access on public streets.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.020 Planned development requirements.

(a) 
Development requirements for each separate PD district shall be set forth in the amending ordinance granting the PD district and shall include, but are not limited to: uses, density, lot area, lot width, lot depth, yard depths and widths, building height, building elevations, building material coverage, floor area ration, parking access, screening, landscaping, accessory buildings, signs, lighting, hours of operation, project phasing or scheduling, management associations, and other requirements as the town council or planning and zoning commission may deem appropriate.
(b) 
The uses in a PD district shall conform to the standards and regulations of the specified base district listed in the amending ordinance. All applications to the town shall list, in a tabular format, all requested deviations from the prescribed uses, standards and regulations required within the specified base district.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.025 Application and submittal requirements.

A “PD” zoning request shall include a conceptual plan and/or final development plan along with a written proposal explaining all aspects of the requested “PD” including the deviation table mentioned in the previous section. These items shall be submitted to and check-listed by the zoning administrator prior to acceptance of the “PD” zoning request.
(1) 
Conceptual plan.
A conceptual plan shall show the intent for the use of the land within the proposed “PD” in a graphic manner, as well as the written proposal mentioned above, containing the following information:
(A) 
Residential conceptual plans shall include general use, thoroughfares, preliminary lot arrangements, size, type and location of buildings and building sites, access, density, building height, fire lanes, screening, landscape areas, project scheduling, and other pertinent information as deemed necessary.
(B) 
Nonresidential, mixed use and multifamily conceptual plans shall include information in a manner to adequately illustrate the type and nature of the proposed development by providing data including, but not limited to, the type of use(s); topography; physical features of the site; existing streets, alleys and easements; location of proposed public facilities; building elevations, materials, heights and locations; signage; parking ratios; project scheduling; landscaping plans; building elevations and other information required to adequately describe the proposed development.
(C) 
A preliminary drainage study and/or a preliminary plat shall be submitted concurrently with the conceptual plan.
(D) 
Where existing structures are to be redeveloped within an existing development and all ordinance requirements cannot be met, the submittal shall include a list of the requirements with which the existing structures cannot comply.
(2) 
Final development plan.
The final development plan shall set forth the complete plans for the planned development district and shall conform to the approved conceptual plan. This final submittal shall include the following information, unless waived by the zoning administrator:
(A) 
A development site plan with all submittal information required in section 14.09.025.
(B) 
Statement indicating that the final development plan complies with the approved concept brief and applicable zoning ordinance requirements.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.030 Design standards and guidelines.

(a) 
The following design standards shall be integrated into all “PD” developments where applicable to mitigate negative impacts and to make uses compatible.
(1) 
Height regulations.
The maximum height requirement for permissible uses in this district shall be established by the zoning requirement of the primary use of the PD and shown on the final development plan.
(2) 
Landscape and screening regulations.
The applicant shall use the landscaping and screening standards identified in article 14.10 “development standards” as a minimum for any proposed screening.
(3) 
Signs.
Signs shall comply with the standards of article 14.10, division 8, “sign regulations.”
(4) 
Parking.
Minimum off-street parking requirements shall not be less than the minimum requirements for uses prescribed in article 14.10 “development standards.”
(5) 
Bay (loading) doors.
Bay doors and loading spaces shall be oriented away from adjoining streets or screened. Bay doors and loading spaces shall be screened from adjacent low density residential properties.
(6) 
Open space.
Provisions for public, private and common open space shall be evaluated with regard to density, site coverage, and physical characteristics of the site and, if deemed necessary, required as part of the development plan. If the development includes two or more lots, based on the amount of common open space and the required maximum site coverage, the plan shall specify the maximum building site coverage for each lot.
(7) 
Masonry requirements.
All primary buildings, regardless of size, shall be constructed of ninety percent (90%) masonry construction, exclusive of glass, and shall otherwise comply with the most recent building code adopted for use by the town. For the purposes of this division, stucco shall not be considered masonry in residential applications.
(8) 
Additional provision.
Nothing listed shall limit the council’s ability to require more restrictive standards necessary to protect the public’s health, safety and welfare.
(9) 
Exception to minimum design standards.
The requirements herein may be varied in a “PD” when unusual topographic constraints, siting requirements, preservation of existing trees, or when similar conditions create undue hardship and prevent strict compliance with this division. In approving modifications to any existing standards or zoning classification, the planning and zoning commission and the town council shall be guided by the intent of this division and the purposes or strategies of the town’s comprehensive plan.
(b) 
The following design guidelines should be incorporated into all developments when applicable and should be used as a basis for review:
(1) 
Density and coverage.
Density of development and maximum site coverage should be established with due regard to site and general area characteristics including land use, zoning, topography, thoroughfares, open space opportunity and the provisions for quality construction and development standards.
(2) 
Lot orientation.
Single-family residential lots should be designed to face away from multifamily or service related land uses. The garage and drive area of residential lots, primarily corner lots, should be oriented to the least intensive street. Single-family lots should not have access to major collector or arterial streets.
(3) 
Lot development.
Flexibility should be available to allow for creative development and efficient design so long as the lot size is in keeping with the purpose and intent of this division.
(4) 
Building scale and architecture.
Higher density residential and commercial structures located in or adjacent to lower density residential areas should be designed to resemble the lower density character of the neighborhood and should incorporate similar building styles and materials to fit within the neighborhood fabric.
(5) 
Building orientation and clustering.
Higher density structures located adjacent to low density uses should be oriented, designed and sited such that views overlooking the low density uses are minimized. Nonresidential uses should face away from residential uses. Clustering of units should be incorporated into medium and high density residential uses to minimize impacts on adjacent low density residential uses and to cluster open space.
(6) 
Visual intrusions.
Visual intrusions are discouraged.
(7) 
Neighborhood entrance.
One or more neighborhood entrances should be designed into residential “PD” developments. Examples include:
(A) 
Masonry wall or combination masonry and iron fence;
(B) 
Landscaped median or traffic island or enhanced entrance area;
(C) 
Concrete pavers with a different color and/or texture than the street;
(D) 
A ground sign, marker or subdivision entryway wall displaying the name of the subdivision or neighborhood.
(8) 
Natural features.
Site development should be flexible enough to retain much of the vegetation on the parcel as a resource. Natural features, such as a drainageways, trees, and significant grade changes, should be utilized in a variety of ways to enhance the neighborhood design.
(9) 
Access.
Shared access should be used where possible and emphasis placed on efficient internal circulation. Access should be designed to discourage cut-through traffic into a neighborhood.
(10) 
Street network.
Streets should be strategically located to balance the distribution of traffic within the neighborhood, protect residential areas and discourage “cut-through” traffic between thoroughfares.
(11) 
Pedestrian walkways.
The subdivision design should provide for pedestrian activity to connect internal and external destinations. Sidewalks, crosswalks, and bridges should be provided to separate pedestrian and vehicular traffic. Walkways should be provided in various open space areas connecting to other neighborhoods and community centers.
(12) 
Lighting.
Lighting should illuminate only those areas for which it is designed. Parking lot lights shall be shielded so that residential uses are not impacted. Generally, this can be accomplished with lights that are no taller than the structures they are serving.
(13) 
Signs.
Signs should complement the establishment they advertise and should generally agree with the local architecture or neighborhood character. Signs should give a sense of place and character to a street.
(14) 
Parking.
In unique situations, planning and zoning may recommend and town council may approve parking ratios less than those required by article 14.10 “development standards” when natural features are preserved.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.035 Approvals.

(a) 
The town council, by an affirmative vote of four of its members may by ordinance authorize planned developments, as provided in this division. Before granting any planned development, the application shall be referred to the planning and zoning commission for study and a report concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood, and a public hearing shall be held in relation thereto before the commission. Notice of such hearing shall be given in the same manner as for other amendments to the zoning ordinance.
(b) 
Any modification to a proposed final development plan submitted after public notice is given shall be submitted to the zoning administrator for review and comment prior to its presentation to the planning and zoning commission and/or town council for approval. Under no condition shall such modification constitute a more intense development proposal than the development plan given public notice. If redesigns are submitted in a manner in which time is not available for adequate review by staff, the case may be delayed and a fee for notification and re-advertising required.
(c) 
Prior to approval on second reading, the required concept brief and/or final development plan shall be amended to reflect all stipulations as approved by the town council on first reading. Upon approval, the zoning administrator shall furnish a copy of the final development plan to the building official and city secretary.
(d) 
A concept brief and/or a final development plan shall be binding upon the owner(s) and successors of the property shown on the plan and shall control all building permits. Building permits for any partial development or construction on land contained in an approved development plan shall be in accordance with phasing approved on such development plan.
(e) 
Prior to a permit being issued for development, the building official shall review the building permit application for compliance with the approved final development plan.
(f) 
When common open space, common recreational areas or common area containing other amenities to the development are approved as a part of a development plan, such areas shall be retained, owned and maintained by the owner(s) of the units contained within the development or the owners’ association to which they are members.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.040 Amendments to an approved plan.

(a) 
An application for amendment of a concept brief and/or final development plan shall include all land originally incorporated into the planned development amending ordinance. Amendments to the original ordinance shall follow the same process as a new application. Notification of public hearing shall include all property owners within two hundred feet (200') of the “PD” as well as all property owners within the “PD” described by the original ordinance amendment, zoning such land to “PD,” unless otherwise permitted in this section.
(b) 
A property owner may apply for an amendment to the concept brief and/or final development plan for that property only when:
(1) 
Such ownership constitutes a separately platted lot;
(2) 
There is no change to internal traffic patterns; and
(3) 
There is no impact on adjacent lots in the development plan.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.045 Administrative changes.

(a) 
Minor amendments, modifications or deletions to an approved concept brief and/or final development plan may be made by the zoning administrator when petitioned to do so by one with a proprietary interest in the “PD” district and where such change does not significantly:
(1) 
Alter the basic relationship of the proposed uses to adjacent uses;
(2) 
Change the uses approved;
(3) 
Increase approved densities, floor areas, height or site coverage;
(4) 
Decrease on-site parking requirements;
(5) 
Reduce minimum yards or setbacks; or
(6) 
Change traffic patterns.
(b) 
The zoning administrator shall determine if changes are minor, and any changes determined not to be minor shall require full planning and zoning commission and town council review through an amendment process.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.050 Expiration of plan.

(a) 
A final development plan shall expire two (2) years from the date of town council approval unless:
(1) 
Prior to the expiration date, a building permit for a new structure or certificate of occupancy is issued for the use of the property as described on the plan, and actual construction or occupancy starts within one hundred twenty (120) days of the original building permit or certificate of occupancy issuance.
(2) 
If construction or work is suspended for a period of one hundred twenty (120) days after work has commenced and the expiration date has passed, the final development plan shall expire. However, the town council may extend the deadline for the expiration for a period of up to two (2) years.
(3) 
If a final development plan expires, no building permit shall be issued, and no use of land or buildings shall be made until a new final development plan, in compliance with final development plan requirements has been approved.
(b) 
The town council may, on its own authority, establish a development or expiration schedule different from the previous section as a condition of approval of a final development plan. Such schedule, when specifically approved by town council, may mandate that construction shall occur within a shorter or longer time and/or that construction may not begin until a certain time or performance has occurred. The conditions of the approved scheduling shall be shown on the final development plan.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.055 Fees.

Fees shall be as provided in the fee ordinance and as identified in appendix A of this code.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.105 Permit issuance procedures.

(a) 
Purpose.
The purpose of a specific use permit is to provide the town council the opportunity to deny or to conditionally approve those uses for which specific use permits are required. These uses may have unusual physical or operational characteristics or may be of a public or semi-public character often essential or desirable for the general convenience and welfare of the community. Because of the nature of the use, however, the importance of the uses’ relationship to public planning policies, or possible adverse impact on neighboring property of the use, heightened review, evaluation, and exercise of planning judgment relative to the location and site plan of the proposed uses are required.
(b) 
Permit required.
No land or building shall be used or occupied by any use requiring a specific use permit, as specified in article 14.06 “residential district regulations” or article 14.07 “nonresidential district regulations,” unless a specific use permit has first been issued in accordance with the provisions of this section.
(c) 
Procedural requirements.
Subject to the provisions of this section, the town council, by an affirmative vote of four of its members may by ordinance authorize specific use permits, as provided in this section. Before granting any specific use permit, the permit application shall be referred to the planning and zoning commission for study and a report concerning the effect of the proposed use on the comprehensive plan and on the character and development of the neighborhood, and a public hearing shall be held in relation thereto before the commission. Notice of such hearing shall be given in the same manner as for other amendments to the zoning ordinance.
(d) 
Application procedures.
(1) 
An application for a specific use permit shall be filed with the town planning department on a form prepared by the town. The application shall be accompanied by the following:
(A) 
A completed application form signed by the property owner;
(B) 
An application fee as established by the town’s latest adopted “schedule of fees”;
(C) 
A certificate stating that all town and school taxes have been paid current-to-date;
(D) 
A property description of the area where the specific use permit is proposed to apply;
(E) 
A summary description of the proposed use, including:
(i) 
Occupancy type.
(ii) 
Any manufacturing or industrial process proposed for the site.
(iii) 
Proposed modifications to be made to the building.
(iv) 
Size of customer base and potential for growth.
(v) 
Description of bathroom facilities.
(vi) 
Anticipated parking requirements.
(vii) 
Proposed hours of operation.
(viii) 
Any hazardous materials to be used or stored at the site.
(F) 
A site plan complying with the requirements stated herein which will become a part of the specific use permit, if approved, and;
(G) 
Any other material and/or information as may be required by the planning and zoning commission, the town council or the zoning administrator to fulfill the purpose of this section and to ensure that the application is in compliance with the ordinances of the town.
(H) 
A site plan including all information listed in article 14.09, “development site plan.”
(2) 
The following additional information shall be provided prior to approval, subject to the provisions of subsection (e) below.
(A) 
Any final environmental assessment and/or final environmental impact statement that may be required pursuant to state or federal statutes;
(B) 
Copies of studies or analyses upon which have been based projections for need or demand for the proposed facility;
(C) 
Copies of studies or analyses upon which alternatives have been considered and evaluated;
(D) 
Description of the present use, assessed value and actual value of the land affected by the proposed facility;
(E) 
Description of the proposed use, anticipated assessed value and supporting documentation;
(F) 
A description of any long term plans or master plan for the future use or development of the property;
(G) 
A description of the applicant’s ability to obtain needed easements to serve the proposed use;
(H) 
A description of the type, feasibility and cost of any proposed mitigation necessary to make the proposed use compatible with current and future land use patterns;
(I) 
A description of any special construction requirements that may be necessary for any construction or development on the subject property;
(J) 
If the proposed use will result in a significant increase in traffic, a traffic impact analysis prepared by a certified professional engineer qualified in the field of traffic engineering and forecasting;
(K) 
A noise management plan detailing the projected noise produced by the proposed use, including, but not limited to, the projected noise volume and duration, and the noise mitigation measures proposed to be implemented.
(e) 
Waiver of permit requirements.
(1) 
Upon petition by the applicant showing that full compliance with the application requirements would be unreasonably burdensome and that the proposed building, structure, use, development or activity will have an insubstantial impact on the surrounding area, the zoning administrator may waive any part, or all, of the application requirements imposed by subsection (d)(2) above.
(2) 
The zoning administrator may grant such a waiver only upon finding that the information submitted is sufficient to determine that the proposed building, use, structure, development or activity will have an insubstantial impact on the surrounding area and that providing the information required by the submittal requirements is unreasonably burdensome on the applicant.
(3) 
The planning and zoning commission and/or town council shall reserve the right to require any waived information to be submitted prior to approval, if deemed necessary for proper review and decision.
(f) 
Conditions of permit approval.
A specific use permit shall not be recommended for approval by the planning and zoning commission unless the commission finds that all of the following conditions have been found to exist:
(1) 
The proposed use complies with all the requirements of the zoning district in which the specific use permit is located;
(2) 
The proposed use as located and configured will contribute to or promote the general welfare and convenience of the town;
(3) 
The benefits that the town gains from the proposed use outweigh the loss of or damage to any homes, businesses, natural resources, agricultural lands, historical or cultural landmarks or sites, wildlife habitats, parks, or natural, scenic, or historical features of significance, and outweigh the personal and economic cost of any disruption to the lives, business and property of individuals affected by the proposed use;
(4) 
Adequate utilities, road access, drainage and other necessary supporting facilities have been or shall be provided;
(5) 
The design, location and arrangement of all public and private streets, driveways, parking spaces, entrances and exits shall provide for a safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments;
(6) 
The issuance of the specific use permit does not impede the normal and orderly development and improvement of neighboring vacant property;
(7) 
The location, nature and height of buildings, structures, walls and fences are not out of scale with the neighborhood;
(8) 
The proposed use will be compatible with and not injurious to the use and enjoyment of neighboring property, nor significantly diminish or impair property values within the vicinity;
(9) 
Adequate nuisance prevention measures have been or shall be taken to prevent or control offensive odors, fumes, dust, noise, vibration and visual blight;
(10) 
Sufficient on-site lighting is provided for adequate safety of patrons, employees and property and such lighting is adequately shielded or directed so as not to disturb or adversely affect neighboring properties;
(11) 
There is sufficient landscaping and screening to ensure harmony and compatibility with adjacent properties;
(12) 
The proposed operation is consistent with the applicant’s submitted plans, master plans, projections, or where inconsistencies exist, the benefits to the community outweigh the costs;
(13) 
The proposed use is in accordance with the town’s comprehensive plan.
(g) 
Additional conditions.
When considering a specific use permit, the planning and zoning commission may recommend, and the town council may impose, additional reasonable conditions necessary to protect the public interest and the welfare of the community, including by way of example and without limitation thereto conditions that the specific use permit extend only to the applicant or for a specified term.
(h) 
Governmental immunity.
Upon petition of a governmental entity applicant, the town council may officially recognize that the applicant is immune from the requirements of complying with the town’s zoning ordinance for a proposed building, structure, use, development or activity if immunity is required by state or federal constitutional provisions, statutes, or controlling regulations. If a governmental entity applicant seeks immunity in the absence of state or federal constitutional provisions, statutes or controlling regulations requiring such immunity then the town council may approve such immunity upon consideration and balancing of all relative factors, including:
(1) 
The impact of zoning compliance upon a proposed building, structure, use, development or activity;
(2) 
The impact of a proposed building, structure, use, development or activity on the town;
(3) 
Whether the site selected is the most prudent and feasible location for the proposed building, structure, use, development or activity;
(4) 
The need of the applicant and the region for the proposed use, development or activity.
(A) 
Time limit.
A specific use permit issued under this section shall be valid for a period of two (2) years from the date of issuance and shall become null and void unless construction or use is substantially under way during the two (2) year period, or unless an extension of time is approved by the town council.
(B) 
Amendments.
The procedure for amending a specific use permit shall be the same as for a new application, provided, the zoning administrator may approve minor variations from the original permit which do not increase density, change traffic patterns, or result in an increase in external impacts on adjacent properties or neighborhoods.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.110 Term of permit; suspension or revocation conditions.

(a) 
Any specific use permit shall be valid for the period of time for which it is issued, but shall terminate upon expiration of such stated period. A specific use permit may be revoked, suspended or modified by the town council if the town council finds, in its sole discretion and opinion that one of the following has occurred:
(1) 
The permit was obtained or extended by fraud or deception.
(2) 
One or more of the conditions imposed by the permit has not been met or has been violated.
(b) 
A permit may be revoked, suspended or modified only after compliance with the notice, public hearing procedures and affirmative vote of four town council members required for issuance of the permit, as well as notice and public hearing before the planning and zoning commission. The decision of the town council shall be final and binding on all parties.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.205 Purpose.

The park row corridor district is established to provide guidelines and regulations to ensure that the site design, physical function and appearance of the properties in this district reinforce the vision, goals and objectives of the town’s comprehensive plan and redevelopment strategies as they relate to redevelopment village 1, the Park Row Drive corridor. It is the intent of the town, in partnership with corridor property owners, to promote and require these designs as much as practical and in proportion with the amount of redevelopment being requested.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.210 Application of standards.

These guidelines and regulations shall apply to all properties located within the park row corridor district as identified on the official zoning map of the town. The guidelines and regulations shall be applied as follows:
(1) 
Any new development or redevelopment of property which occurs within the PRC district that is not part of a planned development district (PD) (section 14.08.005) shall conform to all of the standards in section 14.08.225, design standards, as requirements, as applicable. Some or all of these standards may be determined by the approving body to be technically infeasible.
(2) 
Any new development or redevelopment which occurs within this district that is part of a planned development district (PD) (section 14.08.005) shall follow all of the standards in section 14.08.225, design guidelines, as guidelines, as applicable.
(3) 
In instances of conflict between the regulations in this section and another section in this zoning code, the regulations and standards of this section shall prevail.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.215 Development review.

(a) 
The review of any development or substantial redevelopment project within the PRC district shall occur as outlined below. For the purposes of this section, “substantial redevelopment” shall mean a 25% or greater enlargement or decrease in the gross floor area or building size for the subject parcel(s).
(1) 
Any new development or substantial redevelopment which occurs within this district that is not part of a planned development district (section 14.08.005) shall be reviewed and approved by the zoning administrator to assure that the design standards of section 14.08.225, design guidelines, are met.
(2) 
Any new development or substantial redevelopment which occurs within this district that is part of a planned development district shall be reviewed for general compliance of all design standards of section 14.08.225, design guidelines, during the approval process specified by section 14.08.005, planned development district. As part of a planned development district, the regulations and standards in this section, with the exception of permitted uses, shall serve as guidelines and not requirements.
(b) 
The zoning administrator may request the assistance of the planning and zoning commission, if necessary, for additional review and input.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.220 Permitted and conditional uses.

Permitted, specific and conditional uses are as established in table 14.06.010, residential district uses and table 14.07.010, nonresidential district uses.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.225 Design standards.

The following design standards shall be clearly identified on drawings, renderings, or a combination of both, submitted to the zoning administrator for review and approval as per the requirements of sections 14.08.210–14.08.215. Plans and elevations shall be drawn at a scale, and noted as necessary, to adequately depict the proposed development or redevelopment project.
(1) 
Building development standards.
The design guideline standards of section 14.10.020 will be utilized in the review and approval of new and redeveloped buildings and structures in the PRC district. The following standards shall also be considered:
(A) 
Facades.
(i) 
No blank, uninterrupted facades shall be permitted where visible from a public right-of-way. The use of windows, doors and/or other architectural features shall be required at regular intervals to break up a blank wall. The use of false windows as an architectural feature may be permitted upon review by the zoning administrator.
(ii) 
Planting areas and landscaped beds may be permitted in place of architectural features (e.g. 20 lineal feet of landscaping for every 100 feet of building length) if the height of the landscape material is at least half the height of the building or structure upon review and approval of the zoning administrator.
(iii) 
Building facades shall include a repeating pattern including no less than three of the following elements: color change, texture change, material change or the inclusion of architectural features no less than 36 inches in width such as offsets, bays, marquees, etc. At least one of these elements shall repeat horizontally.
(iv) 
All sides of a building or structure that are visible from any public right-of-way or residentially zoned property shall be finished with the same materials utilized on the front facade to provide a finished faced towards all locations visible to the public.
(B) 
Rooflines.
Rooflines visible from the public right-of-way shall have a change in height for at least every 50 lineal feet in building length unless it is a building that exceeds a length of 200 lineal feet in which the roofline shall change in height for at least every 75 feet for facades. Modifications in the roofline do not need to be uniformly spaced but shall be proportional to the massing of the building.
(C) 
Building orientation.
The primary building facade shall be oriented towards Park Row Drive.
(D) 
Accessory structures.
Accessory structures shall be constructed of the same materials and colors as the principal building.
(2) 
Site development standards.
(A) 
Site development standards.
Minimum Lot Size
(in ft.)
Minimum Yard Depth
(in feet)
Maximum Height
(in feet)
Maximum Impervious Lot Coverage
Front
Side
Rear
None
10
05
10
45
90%
5Minimum side yard shall be zero feet unless abutting a residential district, then the minimum side yard depth shall be 20 feet with a screening wall of 8 feet in height.
(B) 
Utilities.
All on site utilities shall be located underground.
(C) 
Driveways.
(i) 
A maximum of one driveway opening shall be permitted for each property on each abutting street for every 250 linear feet of frontage.
(ii) 
For corner lots, the locations of the driveways shall be setback a minimum of 50 feet from the face of curb of the intersecting street or as otherwise approved by the zoning administrator.
(iii) 
Shared or joint access driveway openings are recommended. If the driveway opening is not shared between parcels, the minimum setback from a property line shall be 20 feet.
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(D) 
Cross easements.
As properties develop or redevelop, efforts shall be made to provide for cross easement access to adjoining properties and the consolidation of curb cuts upon development or redevelopment to the fullest extent possible.
(E) 
Off-street parking.
Off-street parking shall comply with article 14.10, division 4, off-street parking and loading requirements and the following regulations:
(i) 
Off-street parking shall be located to the rear or side of the property to the fullest extent possible.
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(ii) 
As properties develop or redevelop, efforts shall be made to provide for the sharing of off-street parking between parcels to the fullest extent possible.
(iii) 
Any parking located between the building facade and the right-of-way shall be separated from the sidewalk by a landscaped buffer strip or screen (e.g. row of hedges, knee wall, grass strip with plantings, etc.) as much as practical providing adequate space for parking and overhanging areas of vehicles and taking into account the type of hedges or plantings so as to not overhang the sidewalk.
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(F) 
Pedestrian access.
Developed and redeveloped parcels shall provide for safe and convenient pedestrian access to the building from the public sidewalk.
(G) 
Outdoor storage.
Outdoor storage and service structures (dumpsters, mechanical equipment, etc.) shall be regulated as established in article 14.10, division 7, supplemental regulations.
(H) 
Signage.
Commercial signage shall be limited to advertising on-premises businesses and shall comply with article 14.10, division 8, sign regulations.
(I) 
Landscaping and screening.
Landscaping and screening shall comply with article 14.10, division 2, landscape requirements and article 14.10, division 3, fence and screening Standards and with the following requirements:
(i) 
New and redeveloped buildings should include landscaping in the form of street trees, shrubbery along the public rights-of-way and at the front facade of the building. All street trees should be at least 3-1/2 inch caliper and should be spaced a minimum of 25–30 feet apart.
(ii) 
Tree species should be hardy city types and be approved by the zoning administrator.
(J) 
Sidewalks and street lighting.
Properties fronting directly on Park Row Drive should include a ten foot width sidewalk with lighting standards that match the established park row project style and spacing requirements. Side streets frontages should include minimum five foot width sidewalks with pedestrian lighting at an appropriate scale to light area (matching the Park Row Drive style as closely as possible). Pedestrian scale lighting should be included in the landscape easement/setback areas to provide for a safe transition from the public sidewalk to the building or parking lot.
(Ordinance 17-804 adopted 5/8/17)

§ 14.08.230 Modifications to design standards.

Modifications to the design standards of this article shall be requested by the applicant, in writing, to the planning and zoning commission for review and approval. No modification to the design guideline(s) as they relate to the subject property for which the modification(s) were requested shall be construed to apply to this zoning code as a whole nor shall they be construed to apply to other properties.
(Ordinance 17-804 adopted 5/8/17)