It is the purpose of this Article to establish standards to allow the use of Planned Development Districts consistent with the following objectives:

(A)

Provide an alternate method of land development not available within the framework of other zoning districts.

(B)

To allow the development of sites that would normally be difficult to develop due to topography, soils, or other site specific features.

(C)

To allow the most beneficial use of the site in terms of maintaining compatibility with the adjoining neighborhood.

(D)

To preserve significant environmental, topographical, or natural features.

(E)

To allow a variety of housing types.

(F)

To accommodate a mix of uses.

(G)

To offer a high level of recreation and open space amenities.

(H)

To ensure the ample provision of open space.

(I)

To encourage the orderly concentration of development on vacant parcels of land within the existing developed areas.

(J)

To prevent urban sprawl, through the use of infill development and the maximum use of existing public facilities that are currently in place.

(K)

The maximum permitted densities shall not exceed that permitted by the Future Land Use Map Series designation as described in the Comprehensive Plan.

(L)

All uses shall be consistent with the Comprehensive Plan. Where a proposed use is inconsistent with the Comprehensive Plan, a plan amendment shall be required prior to any approval of a project. Any nonresidential use shall not exceed the Floor Area Ratios (FARs) and Impervious Service Ratios (ISRs) as depicted in each of the Planned Development Districts.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-15-93)

For the purpose of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning.

(A)

ACCESSORY USES—A use that is incidental, related, and clearly subordinate to the primary use of the District, and which does not significantly affect or alter the other uses in the District.

(B)

BUFFER AREAS—A reserved area attractively landscaped and perpetually maintained as common open space, free of structures, impervious surface, roadways, storage, and other enclosures or appurtenances. Access roadways which cross buffer areas, and utility installations, fences or walls located within buffer areas may be permitted.

(C)

FAMILY-One or more persons occupying a dwelling and living as a single housekeeping unit, all of whom, or all but 3 of whom, are related to each other by birth, adoption, or marriage, as distinguished from residents occupying a boarding home, lodging facility, community residential home, congregate care facility, nursing home, hospital, clinic, motel, or hotel, as defined in the Comprehensive Zoning and Land Development Code of the city.

For the purpose of determining whether or not a dwelling unit is being used as a single family dwelling unit (whether multi-family, single family attached, single family detached, single family detached cluster, single family detached zero lot line, or single family semi-detached), it shall be presumed that the use of such dwelling by a family for a period of time less than 6 months, more than once a year, other than by the owner, is not a single family usage, and is in the nature of a prohibited transient usage, except where otherwise expressly authorized in this Code. Visits by guests while the owner is occupying the unit shall not be presumed to be a transient use.

(D)

FLAG LOTS—A lot which does not have the required lot width at the building setback line, and normally has access via a narrow private strip.

(E)

FLOOR AREA, GROSS—The sum of the horizontal areas of the several floors of all buildings on a lot, measured from the exterior faces of the exterior walls, and from the center line of walls separating 2 or more buildings. The term "gross floor area" shall include basements; elevator shafts and stairwells at each story; floor space used for mechanical equipment with structural headroom of 6 feet, 6 inches or more; penthouses and attic spaces, whether or not a floor has actually been laid, providing structural headroom of 6 feet, 6 inches or more; interior balconies or mezzanines.

The term "gross floor area" shall not include cellars, or outside balconies which do not exceed a projection of 6 feet beyond the exterior walls of the building. Parking structures below or above grade and areas used only for rooftop mechanical structures are excluded from gross floor area.

(F)

FLOOR AREA RATIO—The gross floor area of all buildings on a lot divided by the lot area.

(G)

IMPERVIOUS SURFACE-A surface that has been compacted or covered with a layer of material so that it is highly resistant to or prevents infiltration by stormwater. It includes: surfaces such as compacted sand, limerock, or clay, as well as most conventionally surfaced streets, roofs, sidewalks, parking lots, and other similar surfaces.

(H)

IMPERVIOUS SURFACE RATIO (ISR)-A measure of the intensity of hard surfaced development on a site. An impervious surface ratio is the relationship between the total impervious surface area on a site and the gross land area. The ISR is calculated by dividing the square footage of the area of all impervious surfaces on the site by the square footage of the gross land area.

(I)

JURISDICTIONAL—Subject to the rules, regulations, and authority of the Florida Department of Environmental Protection (FDEP), Southwest Florida Water Management District (SWFWMD), or the U.S. Army Corps of Engineers.

(J)

LOT COVERAGE—That portion of the lot covered by buildings and structures.

(K)

MIXED USE DEVELOPMENT—The development of a tract of land or building or structure with 2 or more different uses such as, but not limited to, residential, office, retail, public, or entertainment in a master plan.

(L)

MULTIFAMILY—One structure containing more than 2 dwelling units on a single lot or parcel.

(M)

OPEN SPACE—An area of land unoccupied by structures or impervious surfaces, designed for the common use of the residents in a residential development and enhanced by landscaping, screening or recreational facilities. "Open space" shall not be deemed to include any area within an individual dwelling lot or areas so small as to have no substantial value.

(N)

PLANNED DEVELOPMENT—An area of land planned, developed, operated, and maintained as a single entity under unified control, with a series of definitively programmed phases built according to specified plans, and containing residential, commercial, or industrial development, either singularly or in combination.

(O)

RECREATION FACILITIES (RPD)—A place designed and equipped for the conduct of sports and leisure time activities, provided as an accessory use primarily for the use of a residential project's occupants and their guests.

(P)

SINGLE FAMILY ATTACHED—A one-family dwelling on a single lot attached to two or more one family dwellings by common vertical walls.

(Q)

SINGLE FAMILY CLUSTER—A form of development for single family detached dwellings whereby conventional lot areas are reduced to allow the concentration of units in specific areas in order to preserve open spaces.

(R)

SINGLE FAMILY DETACHED—A dwelling which is designed for and occupied by not more than one family and surrounded by open space or yards and which is not attached to any other dwelling by any means.

(S)

SINGLE FAMILY SEMI-DETACHED—A one family dwelling attached to one other one family dwelling by a common vertical wall, and each dwelling located on a separate lot.

(T)

SHOPPING CENTER—A group of 3 or more commercial establishments planned, constructed, or managed as a total entity, with parking provided on site.

(U)

UNIFIED CONTROL—Land under single control, whether sole, joint, common, or other form of ownership.

(V)

ZERO LOT LINE—The location of a detached dwelling unit on a lot whereby the minimum required side yard or rear yard is reduced to zero.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-15-93; Am. Ord. 96-12, passed 8-20-96)

The following planned development zoning districts are hereby established:

(A)

RPD Residential Planned Development District

(B)

CPD Commercial Planned Development District

(C)

IPD Industrial Planned Development District

In approving any Planned Development the Board of Commissioners may prescribe conditions and safeguards in conformance with the Land Development Code as the Board of Commissioners deems necessary to ensure compliance with the intent of this Code and its standards, and the City's Comprehensive Plan.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-15-93)

(A)

Permitted Uses

(1)

Family Care Homes (under conditions of Article IV, Special Regulation)

(2)

Multifamily

(3)

Public Parks and Recreation Facilities

(4)

Single Family Attached

(5)

Single Family Detached

(6)

Single Family Detached Cluster

(7)

Single Family Detached Zero Lot Line

(8)

Single Family Semi-Detached

(B)

Accessory Uses

(1)

Recreation Facilities

(C)

Conditional Uses

(1)

Churches

(2)

Community Residential Homes

(3)

Community Services Uses

(4)

Congregate Care Facilities

(5)

Day Care Centers

(6)

Emergency Shelters, and Residential Treatment Facilities

(7)

Home Occupations

(8)

Nursing Homes

(9)

Schools of General Education

(D)

Design Standards

(1)

Minimum project size: No minimum.

(a)

The maximum allowable residential densities, and impervious surface ratios and floor area ratios for non-residential uses shall be as provided for each Future Land Use category as listed in the Future Land Use Element of the City of Tarpon Springs Comprehensive Plan.

(2)

The maximum density is determined by the underlying land use designation of the City or countywide comprehensive plans whichever is more restrictive.

(3)

Transfers of density are allowed from one portion of the site to another in order to conserve open space provided that no real increase in density over that permitted by the applicable Comprehensive Plan occurs for the site as a whole.

(4)

Transfers of density among and between contiguous sites may be permitted by the development approval provided:

(a)

The sites are zoned RPD;

(b)

The sites are under unified control;

(c)

The sites are considered as part of a single master plan;

(d)

Later additions to an approved master plan shall cause an amendment to the previously approved plan; and

(e)

No real increase in density over that permitted by the applicable Comprehensive Plan occurs.

(5)

An addition to an existing RPD District may be permitted provided:

(a)

The addition is complementary and compatible with the project;

(b)

The sites are under unified control;

(c)

No increase in density over that permitted by the applicable Comprehensive Plan will result;

(d)

No loss of open space occurs; and

(e)

An amendment to the overall master plan is made and approved.

(6)

A minimum buffer area of 50 feet from wetlands, the mean high water mark of all waterbodies, and jurisdictional lines is required. In cases where jurisdictional lines do not coincide with waterbodies the most restrictive setback shall apply. This requirement does not apply to the construction of docks, gazebos, recreation areas or facilities, boardwalks, and water dependent uses. Waivers from the minimum buffer area may be considered by the Board of Commissioners provided the location, size, and intensity of the uses are clearly delineated on the site plan. The buffer shall not apply to new waterbodies designed as a part of the project for amenities or retention purposes, and man made waterbodies not tidally influenced or jurisdictional.

(7)

Open space shall be provided at the rate of 25% of the gross site acreage. However, no more than ½ of the open space requirement can consist of waterbodies, wetlands, and jurisdictional areas.

(8)

Internal and external walkways, sidewalks, and/or bicycle paths shall be provided in appropriate locations in accordance with the approved site plan. The emphasis shall be on a circulation system which provides movement between major destinations internal or external to the project, and one which is carefully coordinated with the provision of open space.

(9)

Projects which utilize a design incorporating zero lot line, cluster, multifamily, or attached dwellings shall provide a screened and secure recreational vehicle storage area, or restrict the ownership and storage of recreational vehicles by protective covenant to those units with enclosed garages.

(10)

Private roads shall be designed in accordance with City specifications in terms of pavement width, easement width, and construction standards.

(11)

Conservation and preservation areas shall be maintained as required by local, state, and federal regulations.

(12)

Residential units shall be oriented toward internal streets and pedestrian systems, away from adjoining roads and land uses.

(13)

Prior to final plan approval, documents and other assurances satisfactory to the City shall be provided which establish the continued operation and maintenance of private common improvements and open space. These areas and facilities shall not be provided, operated, or maintained at general public expense, and will not incur future expense to the taxpayers of the City.

(E)

Dimensional Regulations

(1)

The designation of all minimum yards shall be noted on the site plan.

(2)

Single Family Detached Dwellings

(a)

Minimum Lot Area = 10,000 square feet

(b)

Minimum Lot Width = 75 feet

(c)

Maximum Height = 35 feet

(d)

Minimum gross floor area = 1,200 square feet

(e)

Minimum yards:

1.

Front = 25 feet

2.

Side = 10 feet

3.

Corner Lot Side = 15 feet

4.

Rear = 20 feet

(3)

Single Family Detached Cluster Dwellings

(a)

Average Lot Area = 6,500 square feet

(b)

Minimum Lot Width = 60 feet corner lots only, no minimum for interior lots

(c)

Maximum Height = 35 feet

(d)

Minimum Gross Floor Area = 1,000 square feet

(e)

Minimum Yards:

1.

Front = 20 feet

2.

Side = 12 feet between buildings, 5 foot minimum to lot line

3.

Corner lot side = 10 feet

4.

Rear = 10 feet

(f)

Flag lots may be approved in conjunction with cluster development provided the following conditions are met:

1.

No flag lot shall adjoin another flag lot nor share a common driveway.

2.

They constitute no more than 20% of the cluster lot total.

3.

The area occupied by the flag driveway shall not be counted toward minimum lot area.

4.

The flag driveway shall be no longer than 150 feet and no less than 20 feet in width.

5.

The use of flag lots is necessary to preserve significant environmental, topographical, natural, historical, or archeological features.

(4)

Single Family Detached Zero Lot Line Dwellings

(a)

Minimum Lot Area = 4,000 square feet

(b)

Minimum Lot Width = 40 feet

(c)

Minimum Height = 35 feet

(d)

Minimum Floor Area = 1,000 square feet

(e)

Minimum Yards:

1.

Front = 20 feet

2.

Side = zero (0) one side, 10 feet other side

3.

Corner lots = 10 feet minimum

4.

Rear = no minimum

(f)

Maximum lot coverage = 60% excluding driveway.

(g)

A perpetual 4 foot maintenance easement shall be provided on the adjoining lot abutting the zero lot line boundary, and shall be designated on the final plat.

(h)

Roof overhangs and awnings may penetrate the maintenance easement by a maximum of 2 feet, and rain gutters shall be required.

(i)

The zero lot line wall shall be constructed without doors or windows, except clerestory windows at least 12 feet above ground level.

(j)

All zero lot lines and the corresponding building envelope shall be shown on the site plan, and so designated on the final plat.

(5)

Single Family Semi-Detached Dwellings

(a)

Minimum Lot Area = 2,000 square feet

(b)

Minimum Lot Width = 20 feet

(c)

Maximum Height = 35 feet

(d)

Minimum Floor Area = 1,000 square feet

(e)

Minimum Yards:

1.

Front = 15 feet

2.

Side = 10 feet, one wall attached

3.

Corner lot side = 15 feet

4.

Rear = 10 feet

(6)

Single Family Attached Dwellings

(a)

Minimum Lot Area = 2,000 square feet

(b)

Minimum Lot Width = 20 feet

(c)

Maximum Height = 35 feet

(d)

Minimum Floor Area = 900 square feet

(e)

Minimum Yards:

1.

Front = 15 feet

2.

Side = 10 feet (end lots only)

3.

Corner lot side = 15 feet

4.

Rear = 10 feet

(f)

No more than 8 units shall be attached in a single row.

(g)

To create a staggered effect, no more than 2 contiguous units shall be built with a common front building line, and the minimum difference in building setback line shall be 2 feet. To create diversity, varied facades are also encouraged.

(7)

Multifamily Dwellings

(a)

Minimum Floor Area = 600 square feet

(b)

Minimum Lot Width = 100 feet

(c)

Minimum Lot Area = 10,000 square feet

(d)

Maximum Height = 45 feet

(e)

Minimum Yards:

1.

Front = 25 feet

2.

Side and Rear = 15 feet

(f)

Minimum Distance Between buildings:

1.

Side facing side = 15 feet

2.

Front/rear facing side = 20 feet

3.

Front/rear facing front/rear = 30 feet

4.

Except that an additional 5 feet for each story over 2 in the tallest building shall be required.

(8)

Nonresidential Uses

(a)

Minimum Lot Area = 10,000 square feet

(b)

Minimum Lot Width = 100 feet

(c)

Maximum Height = 35 feet

(d)

Minimum Yards:

1.

Front = 20 feet

2.

Sides = 10 feet

3.

Rear = 10 feet

4.

From external perimeter streets = 35 feet

(e)

Public/Semi-Public; Ancillary nonresidential uses shall not exceed a maximum area of 3 acres. Such use or contiguous like uses in excess of this threshold shall require a plan amendment.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-15-93; Am. Ord. 2003-31, passed 9-30-03; Am. Ord. 2019-18, § 1, 9-10-19)

(A)

Permitted Uses

(1)

Assembly Halls, Convention Centers

(2)

Bowling Alleys

(3)

Commercial Recreation Facilities

(4)

Eating Establishments, Sit-down and Taverns

(5)

Eating Establishments, Walk-up and Drive-In

(6)

Financial Institution, Walk-up and Drive-In

(7)

Funeral Homes

(8)

Furniture, Appliance, or Carpet Stores

(9)

Garden Supplies

(10)

Health Clubs

(11)

Hotels/Motels

(12)

Libraries, Museums, Galleries, Cultural Centers, and Similar Uses

(13)

Offices

(14)

Personal Service Establishments

(15)

Private Clubs

(16)

Public Parks and Recreation Facilities

(17)

Retail Sales Establishments

(18)

Schools of Special Education

(19)

Shopping Centers

(20)

Tennis or Racquet Clubs

(21)

Theaters, Indoor

(22)

Vehicle Sales and Rental Establishments

(23)

Veterinary Clinics

(B)

Conditional Uses

(1)

Churches

(2)

Commercial Marinas

(3)

Communication Towers

(4)

Community Service Uses

(5)

Congregate Care Facilities

(6)

Emergency Shelters, Residential Treatment Facilities, and Recovery Homes

(7)

Hospitals

(8)

Light Manufacturing

(9)

Mixed Use Development

(10)

Nursing Homes

(11)

Recreational Vehicle Parks

(12)

Schools of General Education

(13)

Self Service Gasoline Stations

(14)

Transportation Terminals

(15)

Yacht Clubs

(C)

Design Standards

(1)

Minimum project size: No minimum

(2)

The CPD District should be located where it will facilitate ease and convenience of uses and where negative impacts upon surrounding properties will be minimized. Direct access to a collector or arterial street as identified by the Comprehensive Plan is preferred. Projects in excess of 50,000 square feet of commercial space in gross floor area shall be located at an intersection, and where the predominant trend is toward commercial development.

(3)

The floor area ratio is not to exceed .40 for commercial uses, except where a historic structure as listed on the Historic Resource Element inventory is being adapted for re-use in which case the FAR shall not exceed that permitted in the future land use designation of the parcel.

(4)

Open space shall be provided at the rate of 20% of the gross site acreage. Up to a maximum of 25% of the required open space may be provided by turf block.

(5)

Setbacks from waterbodies, wetlands, and jurisdictional lines shall be as required by the Design Standards of the RPD District.

(6)

Driveways

(a)

One per street frontage shall be permitted. Shopping Centers with an excess of 200 linear feet of frontage shall be permitted 2 drives, provided the drives are spaced a minimum of 100 feet apart.

(b)

A non ingress-egress easement shall be recorded for the remainder of the project frontage, and shown on the site plan.

(c)

A minimum distance of 50 feet from intersections shall be required, as measured from right-of-way line to the edge of driveway.

(d)

The CPD project may be required to provide for future joint access and circulation with adjoining property to minimize potential traffic congestion where appropriate through the use of easements.

(e)

A minimum cross access easement of 24 feet in width may be required to adjoining property where appropriate to provide for the free flow of traffic between uses without having to enter a public right-of-way.

(f)

The construction of frontage roads may be required on arterial streets in accordance with adopted long range transportation improvement programs.

(7)

The Impervious Surface Ratio (ISR) shall be .85.

(8)

The following uses (as defined by the Countywide Plan Rules of Pinellas County) shall not exceed the respective acreage threshold designed for such uses. Any such use, alone or when added to existing contiguous like use(s), which exceeds the designated threshold shall require a plan map amendment that shall include such use and all contiguous like uses:

(a)

Ancillary Non-Residential; Transportation/Utility Use: shall not exceed 3 acres.

(b)

Institutional Use (except Public Education Facilities): shall not exceed five acres.

(D)

Dimensional Regulations

(1)

Setbacks from abutting collector or arterial roadways shall be 25 feet.

(2)

Setbacks from remaining perimeter boundaries shall be 10 feet.

(3)

Setbacks from adjoining residential uses or zoning districts shall be 35 feet.

(4)

No loading or storage (excluding vehicle sales or rental establishments) shall be permitted within the required setback.

(5)

Minimum lot area = 10,000 square feet

(6)

Maximum height = 45 feet

(7)

Additional requirements for mixed use development and recreational vehicle parks:

(a)

Minimum residential floor area = 600 square feet

(b)

Minimum distance between buildings shall be as required by the RPD District for multifamily dwellings.

(c)

Residential subdivisions shall utilize the dimensional regulations required by the RPD District. Recreational Vehicle Parks shall utilize the dimensional regulations required by the TP District.

(E)

Mixed Use Project shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the net land area of the property.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-15-93; Am. Ord. 96-01, passed 2-20-96; Am. Ord. 2011-08, passed 9-6-11; Am. Ord. 2012-13, passed 8-7-12)

(A)

Permitted Uses

(1)

Assembly Halls, Convention Centers

(2)

Community Service Uses

(3)

Construction Service Establishments

(4)

Health Clubs

(5)

Light Manufacturing

(6)

Office and Research Parks

(7)

Warehouses

(8)

Wholesale Trade

(B)

Conditional Uses

(1)

Commercial Marinas

(2)

Communication Towers

(3)

Financial Institutions, Walk-up and Drive-in

(4)

Heavy Manufacturing

(5)

Hotels/Motels

(6)

Miniwarehouses

(7)

Tennis or Racquet Club

(8)

Yacht Clubs

(C)

Design Standards

(1)

Minimum project size = 20 acres

(2)

The IPD District shall be located with direct access to a collector or arterial street identified by the Comprehensive Plan.

(3)

The floor area ratio shall not exceed .50.

(4)

Setbacks from waterbodies, wetlands, and jurisdictional lines shall be as required by the Design Standards of the RPD District.

(5)

Up to 1 attached or detached residence may be provided in the IPD project for security purposes.

(6)

The IPD District shall be designed with 1 point of external access per street frontage. All proposed uses shall be accessed internally via a private street. Individual driveways with external access shall not be permitted.

(7)

No outdoor storage of merchandise, equipment, or materials shall be permitted. The storage of vehicles may be permitted provided the storage yard is completely screened by an opaque fence and is approved by the site plan. This does not apply to employee parking lots.

(8)

Open space shall be provided at the rate of 20% of the gross site acreage.

(9)

The Impervious Surface Ratio shall not exceed .80.

(10)

Public/Semi-Public; Retail Commercial; Personal Business service; Commercial/Business Service Uses: Shall not exceed a maximum area of 5 aces. Such use or contiguous like uses in excess of this threshold shall require an appropriate future land use plan amendment and corresponding zoning map amendment.

(11)

Standards for areas designated as Industrial General on the Future Land Use Map Series: Office, Retail Commercial; Personal/Business Service; and Commercial/Business service: Shall be allowed as accessory uses, located within the structure to which it is accessory, and not exceed 25% of the floor area of the principal use to which it is accessory.

(D)

Dimensional Regulations

(1)

Setbacks from abutting collector or arterial roadways shall be 35 feet.

(2)

Setbacks from remaining perimeter boundaries shall be 20 feet.

(3)

Setbacks from adjoining residential uses or zoning shall be 75 feet. Parking lots shall be separated from adjoining residential uses by a 15-foot buffer.

(4)

No loading or storage is permitted within the required setback.

(5)

Minimum lot area = 15,000 square feet

(6)

Maximum height = 60 feet

(7)

Minimum lot width = 150 feet

(E)

Mixed Use Project shall not exceed, in combination, the respective number of units per acre and floor area ratio permitted, when allocated in their respective proportion to the net land area of the property.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-15-93; Am. Ord. 96-01, passed 2-20-96; Am. Ord. 2011-08, passed 9-6-11)

Planned Development Districts may hereafter be established by amendment to the Official Zoning Atlas provided they are found to satisfy the following criteria:

(A)

Consistent with the Comprehensive Plan

The Planned Development shall be found consistent with the goals, objectives, and policies of the Comprehensive Plan in effect at the time of the review.

(B)

Physical Character of the Site

Planned Development District sites shall be suitable in location, area, and character for the uses and structures proposed.

(C)

Land Use Compatibility

Planned Development Districts shall establish a gradual transition of intensities between varying land uses and protect against the potential for the development of incompatible land uses. Nonresidential uses shall be designed to protect residential areas from encroachment.

(D)

Adequacy of Public Facilities

Planned Development Districts shall be so located that the existing public facilities are maximized to serve the uses proposed.

(E)

Relation to Major Transportation Facilities

Planned Development Districts shall be located with respect to thoroughfare streets identified on the applicable Comprehensive Plan and mass transit facilities. The design shall not create excessive traffic on minor streets in residential neighborhoods outside the District.

(F)

Environmental Design

The Planned Development shall be designed to take advantage of the natural features and topography of the site, preserve natural resources, and protect archeological or historic sites.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-15-93)

(A)

The applicant shall submit to the Planning Department 5 copies of a Conceptual Development Plan for administrative review by the City Technical Review Committee (TRC). The purpose of this review is to identify major concerns and the need for additional support data. Within 7 working days following the completion of the TRC review, the Planning and Zoning Department shall send a letter to the applicant summarizing the major points of the TRC review. The applicant may then submit for Preliminary Development Plan review.

(B)

Conceptual Development Plan shall consist of the following minimum information:

(1)

Accurate survey of boundary and existing conditions including but not limited to easements, streets, buildings, land uses, historic sites, zoning, wetlands, watercourses, utilities, general topographic contours, rights-of-way, and existing zoning and land uses for all contiguous properties.

(2)

Title of the project.

(3)

Total site acreage:

(a)

Upland acreage.

(b)

Submerged acreage.

(4)

Date, scale (1" = 60 or larger), north arrow, legend, location map.

(5)

Master plan showing the locations and acreage of general land uses including dwelling unit types, general types of nonresidential uses, open spaces, recreational facilities, and other proposed uses.

(6)

Circulation plan showing locations and types of all access points and major internal streets.

(7)

Gross residential density of each unit type and overall gross residential density.

(8)

Floor area for nonresidential uses by use type and total.

(9)

Proposed development phasing.

(10)

An aerial photograph at a scale of 1" = 200 or larger.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-15-93)

(A)

The Preliminary Development Plan shall be processed and advertised in the same manner as a Zoning Atlas Amendment. The corresponding zoning designations shall be RPD, CPD, and IPD.

(B)

Whenever a proposed Planned Development consists of a mixture of residential, commercial, and/or industrial uses, a single combined application may be considered as a total concept. Such application shall have separate legal descriptions which correspond to the proposed RPD, CPD, and/or IPD Districts.

(C)

Once a Preliminary Development Plan has been approved, the applicant shall have 1 year from the date of approval to submit a Final Development Plan. Otherwise, the Preliminary Development Plan shall expire.

(D)

Preliminary Development Plans shall consist of the following minimum information:

(1)

Accurate survey of boundary, existing conditions, and existing rights-of-way.

(2)

Title of the project.

(3)

Date, scale (1" = 60 or larger), north arrow, legend, location map.

(4)

Sheet size 24 x 36 inches maximum.

(5)

Multiple sheets if necessary with match lines clearly shown.

(6)

Total site acreage:

(a)

Upland acreage.

(b)

Submerged acreage.

(7)

Existing contours at 5 foot intervals.

(8)

Proposed contours at 5 foot intervals.

(9)

Number and gross density of all dwelling unit types by area or phase.

(10)

Approximate dimensions and location of all proposed lot lines.

(11)

Designation of all proposed setbacks.

(12)

Designation and/or calculation of all proposed buffers and open space.

(13)

Dimensions and locations of all structures.

(14)

Preliminary drainage solution.

(15)

Designation of all building heights.

(16)

Floor area and floor area ratio of all nonresidential uses.

(17)

Preliminary landscaping details.

(18)

Vehicular circulation, parking, and loading.

(19)

Phasing plan including starting and completion dates for each phase.

(20)

Preliminary utility plan and engineering.

(21)

Flood plain designation and requirements.

(22)

Preliminary architectural renderings and styles.

(23)

Concurrency Impact Statement.

(24)

Description of the maintenance measures for all common open space and facilities.

(25)

Pedestrian circulation.

(26)

Designation of all recreation facilities.

(27)

Tree survey with overlay of proposed development indicating size, type, location of trees to remain and to be removed.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-15-93)

(A)

Within 1 year of Preliminary Development Plan approval, the developer shall obtain Final Development Plan approval for either the entire project, or by phase, in accordance with the approved phasing plan, for review and approval by the Board of Commissioners.

(B)

The Final Development Plan shall include construction drawings for streets, drainage, sewer, and other required public improvements.

(C)

The Final Development Plan shall be accompanied or followed by a Final Subdivision Plat for those areas to be subdivided.

(D)

Final Development Plans shall consist of the following minimum information:

(1)

Accurate survey of boundary, existing conditions, existing and proposed rights-of-way.

(2)

Title of the project.

(3)

Date, scale (1" = 60 or larger), north arrow, legend, location map.

(4)

Sheet size 24 x 36 inches maximum.

(5)

Multiple sheets if necessary with match lines clearly shown.

(6)

Total site acreage:

(a)

Upland acreage.

(b)

Submerged acreage.

(7)

Existing contours at 1 foot intervals.

(8)

Proposed contours at 1 foot intervals.

(9)

All required drainage and utility construction drawings.

(10)

Tree survey with overlay at proposed development indicating size, type, location of trees to remain and to be removed.

(11)

Open space calculations.

(12)

Buildings, major structures, and outside display areas, including their general use, gross floor areas, floor area ratio for nonresidential buildings, number of floors, height, and where applicable, the number, size, type and gross density of all dwelling units, or lodging units. First floor elevations of all structures within the 100 year flood plain and subject to applicable flood plain regulations.

(13)

Streets, travelways, pedestrian walkways, and bikeways, including their type, name, width, street center lines, construction, and whether they are to be public or private, showing the boundaries of all rights-of-way or easements. The location, type, and dimension of all driveways.

(14)

Off-street parking and loading areas, including their size, widths of aisles and stalls, construction, and a specific schedule comparing the number of parking and loading spaces provided, their basis of calculation, and the minimum required.

(15)

Yards, limited to the location and dimensions of all yards and/or buffers provided to satisfy any yard requirements, and the distance between buildings where such minimums are required.

(16)

Open space, recreation, and public areas, including the location, type, and area of all open spaces, parks, recreational areas, school sites and similar areas or facilities on the property, including the percent of open space provided.

(17)

Landscape plan, including dimensions, and the location, spacing, type, size, method of irrigation, and maintenance, and description of all proposed plant materials; the results and basis of calculation of all required landscaping; the proposed limits of clearing and tree protection plan.

(18)

Screening, fences or walls, including location, type, height, width, and the location, type, size, method of irrigation, and maintenance, and description of all associated landscaping.

(19)

Plans for signs, if any, including the location, type, height, area, and proposed lighting.

(20)

Pedestrian/bike path facilities.

(21)

Documents for maintenance of common improvements and open space.

(22)

Final Subdivision Plat indicating:

(a)

The dimensions of all lot lines.

(b)

Designation of all required minimum yards.

(c)

Designation of all zero lot lines.

(d)

The designation of all building envelopes.

(e)

The designation of all distances between structures where applicable.

(23)

Architectural renderings.

(E)

Unless a phasing plan is specifically approved by the Board of Commissioners, the applicant has six months from the date of approval to obtain a Construction Permit or Building Permit, which must remain in an active status. Where an application for a Construction or Building Permit has been applied for, which application is active and under review, one six-month extension may be granted by the City Manager for good cause. The review of extension requests shall include an evaluation of the effect of new or current regulations on the project. Requests for a time extension shall be submitted a minimum of 30 days prior to the expiration date in writing. Otherwise, the Final Development Plan shall expire. A phasing plan approved by the Board of Commissioners shall include defined time periods to obtain required Construction or Building permits for each proposed phase of construction. Any extensions to an approved phasing plan must be approved by the Board of Commissioners.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-15-93; Am. Ord. No. 2023-09, passed 9-19-23)

(A)

In connection with the approval of a Preliminary or Final Development Plan, the Board of Commissioners may waive or modify any design requirement of the Land Development Code; however, in the event that a residential project, land or development is to be rezoned to a Planned Development District and such residential project, land or development was previously subject to a Development Order issued pursuant to Chapter 380.06 as a Development of Regional Impact, the Board of Commissioners may grant such waivers or modifications (including the district dimensional regulations) as are necessary to accommodate or recognize existing physical development and improvements of the project, land or development.

(B)

No waiver or modification may be granted unless one or more of the following circumstances exist:

(1)

Superior Alternatives

Where the development will provide an alternative which will achieve the purposes of the requirement through clearly superior design, efficiency, or performance.

(2)

Protection of Significant Features

Where the waiver or modification is necessary to preserve or enhance significant existing environmental or cultural features, such as trees, scenic areas, historic sites or public facilities, related to the development site.

(3)

Deprivation of Reasonable Use

Where the strict application of the requirement would effectively deprive the owner of all reasonable use of the land, due to its unusual size, shape, topography, natural conditions, or location; provided:

(a)

Such effect upon the owner is not outweighed by a valid public purpose in imposing the requirement in this case.

(b)

The unusual conditions involved are not personal to, nor the result of actions of the developer or property owner or their predecessors;

(4)

Technical Impracticality

Where strict application of the requirement would be technically impractical in terms of engineering, design, or construction practices, due to the unusual size, shape, topography, natural conditions, or location, of the land or due to improved efficiency, performance, safety, or construction practices which will be realized; provided:

(a)

The development will provide an alternative adequate to achieve the purposes of the requirement;

(b)

Any unusual conditions creating the impracticality are not personal to, nor the result of, the actions of the developer or property owner or their predecessors;

(5)

No Relationship to the Development or Its Impacts

Where all or any part of the requirement has no relationship to the development, or to the impact of the development on the public facilities, land use, traffic, or environment of the neighborhood and the general community, due to the location, scale, or type of development involved.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-15-93; Am. Ord. 98-22, passed 11-17-98; Am. Ord. 2019-18, § 1, 9-10-19)

(A)

Once a Preliminary or Final Development Plan has expired, subsequent proposals shall be processed in the same manner as new submissions.

(B)

The approval period of a Preliminary and/or Final Development may be extended once for a 1 year period by the Board of Commissioners, for good cause. The review of extension requests shall include an evaluation of the effect of new or current regulations on the project. Requests for a time extension shall be submitted a minimum of 30 days prior to the expiration date in writing.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-33, passed 10-15-93)

(A)

Once a Preliminary Development Plan has been approved, any amendment to the Zoning District shall be processed in accordance with the procedures required for a new submission.

(B)

The Planning Director and/or TRC has the authority to approve any minor modification to an approved Preliminary or Final Development Plan.

(C)

Major modifications shall be reviewed and approved by the Board of Commissioners, and shall be processed in accordance with the requirements for Preliminary Development Plan approval. The following criteria shall be used to identify a major modification:

(1)

Any increase in density or floor area ratio.

(2)

Any change in land use.

(3)

Any change in project phasing.

(4)

Any change which would require an amendment to approval conditions.

(5)

Structural alterations significantly affecting the basic size and form of the building(s).

(6)

Any reduction in the amount of open space of more than 5% or any substantial change in the location or characteristics of open space.

(7)

Any increase in traffic generation by more than 10%.

(8)

Any increase in structure height.

(9)

Any change in the number of vehicular access points.

(10)

Any change in the density/intensity standards shall not exceed the maximum density/intensity standards of the future land use plan.

(D)

Deviations from approved plans or failure to comply with any requirements, condition, or safeguard imposed by the Board of Commissioners shall constitute a zoning violation.

(Ord. 90-10, passed 5-1-90; Am. Ord. 93-31, passed 11-16-93; Am. Ord. 93-33, passed 10-15-93)