Sturgeon City Zoning Code
ARTICLE VII
"B-P" Planned Business District
Section 405.290 General Conditions For Establishment.
A.
A District "B-P" may be established on a tract of land in single ownership or under unified control; provided that a preliminary development plan for a planned business district has been prepared, submitted and approved in compliance with the regulations and requirements of this Article.
1.
Application shall be made to the Board of Aldermen for the rezoning of property for a planned business district, and it shall thereupon be referred to the City Planning and Zoning Commission, hereinafter referred to as "the Commission," for recommendations.
2.
The net area of land to be included in a District "B-P" and so designated shall be at least three (3) acres in size. The term "net area," as used herein, shall not include any areas within dedicated highways, streets, alleys or any other public way or public property.
3.
The location of any District "B-P" shall be on property which has an acceptable relationship to major thoroughfares, and the Commission must satisfy itself as to the adequacy of the thoroughfares to carry the additional traffic generated by the development.
4.
The plan for the proposed development must present a unified and organized arrangement of buildings and service facilities, which shall have a fundamental relationship to the properties comprising the planned development, and shall not adversely affect the uses of properties immediately adjacent to the proposed development.
5.
The requirements and regulations herein prescribed, pertaining to height, open space, setbacks, parking and loading, may be adjusted or modified by the Board of Adjustment after recommendation of the Commission before a District "B-P" is established, so that the property in question may be developed in a reasonable manner and, at the same time, will not be detrimental to the public welfare and the interests of the City, but in keeping with the general intent and spirit of this Article.
6.
The Commission shall have power to make and adopt such rules and regulations as are necessary and proper to effectuate the purposes of this Article.
Section 405.300 Preliminary Plan.
A.
The proponents of a planned business district shall prepare and submit a preliminary development plan to the Commission for its inspection and review, upon which plan the Commission shall hold a public hearing. This preliminary plan of the property to be zoned as a District "B-P," drawn to scale, shall show the boundaries of the property proposed to be zoned, the existing topography with contour intervals no greater than five (5) feet, unless waived by the Commission, and the proposed size, location and arrangement of buildings, parking areas, with proposed arrangement of stalls and number of cars, entrance and exit driveways and their relationship to existing and proposed streets, alleys and other public ways or public property, and any additional information required by the Commission. The plan shall show sufficient proposed control grades to interpret the intent of the developer. The preliminary plan shall also show the development of adjacent properties within two hundred (200) feet, including the location and type of buildings and structures thereon. If the planned business district is proposed in an unplatted area, the preliminary plan shall be accompanied by a plat, giving the full legal description of the boundaries of the property to be included in the areas to be zoned as a planned business district. It also shall be accompanied by a plan, drawn to scale, showing the general arrangement of streets within the remainder of such unplatted area, which plan need not extend more than one thousand (1,000) feet from the boundaries of the area to be zoned as a planned business district.
B.
The developer shall indicate on the preliminary plan the stages which will be followed in the construction of the total project.
C.
If this preliminary plan is found to comply with the intent of the requirements and regulations set forth in this Section, the Commission shall, upon approval of the preliminary plan, prepare and submit to the Board of Aldermen a request of an amendment to this Article, which amendment is to provide for and establish a "B-P" district for the land covered by the preliminary plan.
Section 405.310 Final Plan.
A.
Upon approval of the zoning change by amendment, the proponent shall submit a final development plan to the Commission for its review and recommendation. The final development plan may be submitted separately for the first and each successive stage of construction.
B.
It shall be the responsibility of the Commission to determine that each stage, or all, of the final development plan conforms to the intent of the preliminary plan on which the zoning change was made. The Commission, having reviewed the final development plan for any or all stages of the development, and finding that it conforms to the intent of the preliminary plan, shall recommend its approval to the Board of Aldermen.
C.
If the final development plan fails to conform to the intent of the preliminary plan submitted in support of the rezoning, such final development plan may be submitted to the Commission as an amended preliminary plan, upon which the Commission shall hold a public hearing. The procedure shall be the same as for the original preliminary plan.
D.
No building permit shall be issued for any construction on the project until the Board of Aldermen shall have approved the final development plan for at least that portion which includes the structures for which the permit is to be issued.
E.
A final development plan prepared for each succeeding stage shall also be reviewed by the Commission and, when approved by the Board of Aldermen, shall be filed in the office of the City Clerk.
Section 405.320 Schedule Of Construction; Failure To Begin Construction Voids Plan; Effect Of Abandonment Of Plan.
The proponents of a planned business district shall prepare and submit a schedule of construction in one (1) or more stages, which construction shall begin within a period of one (1) year following the approval of the final development plan, or any stage thereof, by the Board of Aldermen. Failure to begin construction as scheduled shall void the plan, as approved, unless a request for an extension of time is made by the proponents to the Board of Adjustment and approved by such Board. If, for any reason, the plan is abandoned, or if the construction is terminated after the completion of any stage, and there is ample evidence that further development is not contemplated, the law or code establishing such District "B-P" may be rescinded by the Board of Aldermen, and the zoning of the entire tract, or the portion which is undeveloped as a District "B-P," may be changed to a suitable classification.
Section 405.330 Adjustments And Rearrangements.
After the final development plan has been approved and the zoning change made, and when, in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, entrances, heights, setbacks, or open space are requested by the proponents, and such requests conform to the standards established by the approved final development plan for the area to be covered by buildings, parking spaces and entrances, height, setbacks and other requirements, such adjustments may be approved by the Board of Adjustment upon application and after receiving the recommendations of the Commission.
Section 405.340 Use Regulations.
A.
In District "B-P," no building, structure, land, or premises shall be used, and no building or structure shall be erected, constructed, reconstructed or altered, except in conformance with the final development plan, and except for one (1) or more of the following uses:
1.
Any use permitted in District "B-1," excepting advertising signs other than as specified herein.
2.
Accessory uses customarily incident to any of the above uses, including drive-in or curb service; provided that there shall be no billboards and that only one (1) flat wall sign, or sign on the face of a building or marquee, showing the name of each place of business and the commodities or services offered there, and one (1) flat wall sign on the side of each building, showing only the name of the place of business therein, will be permitted in a District "B-P"; except that, in addition, there shall be permitted one (1) sign or structure to identify each planned district. Such sign or structure shall be of permanent construction, and the design shall be submitted as a part of the preliminary and final development plan. In addition, a filling station may have one (1) freestanding sign, to be approved as part of the preliminary plan as to size and location.
Section 405.350 Height And Area Regulations.
A.
In a District "B-P," the height of buildings and the minimum dimensions of open spaces shall be as follows:
1.
Height. Buildings or structures shall not exceed forty-five (45) feet or three (3) stories in height.
2.
Open Spaces. There shall be a setback from any street of at least thirty (30) feet for any building and ten (10) feet for any parking lot. Along any other property line within or adjoining a zoned business district, there shall be a setback of at least ten (10) feet for any building or structure, unless the Board of Aldermen waives such setback. Along any property line abutting or adjoining a zoned dwelling house district, there shall be a setback of at least ten (10) feet for any building or parking lot. The planned business district shall be permanently screened by wall, fence or other suitable enclosure, at least four (4) feet in height, from any such abutting or adjoining properties zoned for dwelling house use. The area adjacent to such wall or fence shall be planted with trees and shrubs to form an ornamental screen. Such trees and shrubs shall be properly and adequately maintained by the owners of land included in such district.
3.
The building line along any street shall be consistent with the building line established in the neighboring residential districts.
4.
The Board of Aldermen may grant a reduction in the above required setbacks where the situation will reasonably warrant such reduction.
Section 405.360 Parking And Loading Regulations.
A.
In any District "B-P," there shall be provided off-street customer parking space for motor cars in the ratio of at least ten (10) parking spaces for each one thousand (1,000) square feet of sales floor area, exclusive of storage space.
B.
The off-street parking space required above shall be provided in addition to any space used for a commercial parking lot, taxicab stand, truck or bus parking. Off-street parking space for drive-in service establishments shall be provided in addition to the parking space described for all other business activities.
C.
Ample off-street space for standing, loading and unloading of supplies shall be provided within the development.