The PD Planned Development Districts are overlay zones that are intended to permit the redevelopment of specifically defined sites within the area historically identified as the Old Trenton area, which is generally bounded by Elizabeth Park on the south, the rail corridor on the west, King Road on the north and the Trenton Channel of the Detroit River on the east. Development or redevelopment within a specific overlay zone shall be in accord with the goals and objectives of the Future Land Use Plan for the City of Trenton. The reuse patterns of the area involved shall create a desirable living and/or working environment which shall be in harmony with surrounding land use while at the same time permitting a greater degree of flexibility in an overall development approach by ensuring that adequate safeguards and standards will be employed to maintain the public health, safety, convenience, and general welfare of the area.

It is further the intent of the PD Overlay Zones to encourage quality design innovation by minimizing certain bulk, density and area requirements ordinarily associated with conventional zoning districts. The intent is to give the applicant more freedom to configure buildings, off-street parking and related site amenities in ways that might otherwise be curtailed by conventional zoning standards. Freedom from compliance with some conventional zoning standards is intended to encourage utilization of a site in ways that will more fully satisfy the overall intent and purpose of the overlay zones and the city's adopted master land use plan. It is critically important, however, that the applicant clearly understands that the absence of such restrictions and other conventional regulatory standards in no way implies, or is to be interpreted to imply that such critical site development and layout standards are excused or may be ignored in the general layout and composure of development in the overlay zones. To the contrary, proper building setbacks and the thoughtful location and the tasteful application of site amenities shall be considered and applied as crucial design elements of any development proposed in the overlay zones. Site development or redevelopment plans that minimize or demonstrate little regard for such amenities or propose to intensify development on the site over providing such amenities, will be subject to rejection by the city.

(Ord. No. 802, § 1, 12-14-2020)

Application to develop or redevelop land in Trenton using the PD Planned Development Overlay Zone approach shall be made to the city in accordance with the following procedures:

(1)

A presubmittal meeting shall first be held between the applicant or applicants and the city to discuss the overall intent and purpose of the PD district and to learn of the applicant's proposal to develop land in an PD district. The intent of the presubmittal meeting is to determine if development envisioned by the applicant for the site is in keeping with the intent and purpose of the PD district and conforms to the general development guidelines of the district. This may be an exploratory meeting in which the applicant need not have a prepared concept plan.

(2)

If the applicant had not prepared a concept plan prior to the presubmittal meeting, the applicant shall thereafter prepare and submit a general concept plan for review and comment by the engineering department involved in the site plan review process. The general concept plan shall reflect the outcome of the presubmittal meeting.

(3)

If a concept plan was submitted for presentation and discussion purposes at the presubmittal meeting, if needed, the plan shall be revised to reflect the outcome of the presubmittal meeting. Subsequent to the formal staff review, the applicant shall pay all necessary application fees and properly and fully prepare and submit all necessary application forms. At a minimum the concept plan shall consist of at least the following plans and materials:

a.

An existing conditions drawing of the entire development site drawn to an appropriate engineering scale.

b.

A conceptual plan view drawing of the entire development site prepared at the same scale as the existing conditions drawing and depicting the general location of

1.

All streets, drives, off-street parking and loading, unloading areas;

2.

Buildings, and structures;

3.

Open spaces, the general location of any areas of environmental significance on the site including wetlands, extensive tree cover, and topographic conditions;

4.

General statistical information pertaining to the number of off-street parking spaces provided for the development, dwelling unit density, and the general square feet of floor area proposed for office and commercial use. This information is necessary to provide some guideline for the extent of surface site area that will be required for off-street parking. The numerical off-street parking requirements of this article may be used to determine general parking need for the proposed development;

5.

Any other information considered to be vital to revealing the general design and function of the proposed development;

6.

Building floor plans, exterior building wall elevation drawings and landscape planting plan shall not be required at this point;

7.

If such plans and drawings are available, the applicant is encouraged to submit them as part of the concept plan. All buildings and structures, and development areas will be identified on the conceptual plan view drawing as to their proposed use, ie; residential, office, commercial, or combinations thereof.

(4)

An impact assessment as described in Article XXVII, and which also includes the following information:

a.

If residential dwelling units are proposed as part of the development, a statement estimating the number of residents that will be living in the development when it is fully completed.

b.

A statement detailing resident site amenities that are to be provided, such as parks or open spaces, pedestrian oriented design concepts, walk areas including trails, or the provision of convenient on-site shopping and service facilities that will be pedestrian oriented to provide convenient resident access, so as to serve their essential shopping and service needs.

c.

A statement detailing how any site areas of natural environmental significance will be preserved outright, or maintained by integrating them into the general open space areas of the development. The statement will also describe the steps that will be taken to avoid disturbing, disrupting or destroying any such area during site development.

(Ord. No. 802, § 1, 12-14-2020)

(a)

City staff shall review the concept plans for completeness as outlined in this article. If the submittal package is complete and properly prepared, city staff will review the plans and formulate their conclusions with regard to the overall concept of the proposed development conforming to the general development guidelines and requirements of the PD district and decisions made during the presubmittal meeting(s). Staff review shall be conducted in a timely and prudent manner. Upon completion of its review, the city shall promptly contact the applicant to inform them of any changes or modifications that are needed. The applicant thereafter shall submit a revised concept plan for review and comment by city staff.

(b)

Upon completion of its review of the conceptual plan, city staff shall notify the recording secretary of the planning commission to schedule the concept plan for review by the planning commission. The recording secretary shall submit the concept plan and all related information to each member of the planning commission at the commission meeting preceding the meeting at which the concept plan is scheduled for review.

(c)

When the city staff and the planning commission shall find the concept plan to be in order the planning commission shall so inform the applicant. Acceptance of the concept plan by the planning commission shall authorize the applicant to proceed with preparation and submittal of a preliminary site plan.

(Ord. No. 802, § 1, 12-14-2020)

(a)

A complete preliminary site plan shall be prepared and submitted by the applicant for review and comment by city staff. The site plan shall reflect the general layout and overall land use development concept depicted in the approved concept plan. The site plan shall be prepared and submitted in accordance with the applicable requirements of Article XXVIII, Site Plan Review, in this chapter, and the city's site plan review checklist. The site plan package shall include building floor plans, exterior building wall elevation drawings and a general overall site landscape plan.

(b)

It shall be the responsibility of the city staff to review the preliminary site plan for completeness and for compliance with the general development concept plan and with the applicable requirements of this article. City staff shall review the preliminary site plan in a timely and prudent manner. Upon completion of its review city staff shall contact the applicant to review any changes to the plan that may be needed to carry out the overall intent and purpose of the PD district.

(c)

When city staff is satisfied that the site plan is in order it shall submit the plans to the planning commission for preliminary site plan approval.

(Ord. No. 802, § 1, 12-14-2020)

The planning commission shall conduct its review of a preliminary site plan at a duly advertised public hearing, as set forth and regulated in Article XXX, in this chapter.

(Ord. No. 802, § 1, 12-14-2020)

(a)

A site plan that has received preliminary approval from the Trenton Planning Commission shall be forwarded to the city council for its review and action. Any revisions or modifications required by the planning commission to be made to the site plan they have received shall be made a part of their recommendation to the Trenton City Council for preliminary site plan approval.

(b)

Upon receipt of a recommendation from the planning commission for preliminary site plan approval, the city council shall review the site plan, and if it finds the site plan to be in order, it shall grant preliminary site plan approval, conditioned on any contingencies that may have accompanied the planning commission's recommendation, as well as any additional conditions the city council may attach to their preliminary approval. The granting of preliminary site plan approval by the city council shall authorize the applicant to proceed with preparation and submittal of the final site plan.

(Ord. No. 802, § 1, 12-14-2020)

(a)

A final site plan package shall be submitted to the city for review and recommendation to the planning commission for final site plan approval. Final site plan approval by the city council shall reflect the use patterns as approved in the preliminary plan and shall have no conditions attached thereto, except approval of any master deeds, by-laws, deed restrictions or protective covenants pertaining to the proposed development may be given as a condition of approval, provided all such documents are approved by the city within 60 days from the date of final approval by the city council. The final site plan shall assure access to all structures and areas for fire and police protection and for trash collection, as evidenced by review and approval from the appropriate agencies having jurisdiction.

(b)

When the planning commission finds the final site plan to be in order it shall recommend final site plan approval to the city council.

(c)

Upon receipt of the final site plan from the planning commission the city council shall grant final site plan approval when it is also satisfied that the final site plan is in order.

(Ord. No. 802, § 1, 12-14-2020)

(a)

Preliminary site plan. The granting of preliminary site plan approval by the city council shall have a duration of one year commencing on the date of preliminary site plan approval by the city council.

(b)

Final site plan. The granting of final site plan approval by the city council shall have duration of two years commencing on the date of final site plan approval by the city council.

(c)

Duration of approval. If two years after final site plan approval has been granted by the city council, no diligent site improvements are underway on the property, final site plan approval by the city council shall expire and the approved site plan shall become null and void. Thereafter, no improvements shall be commenced or undertaken on the site until or unless final site plan approval has been reinstated by the city council after planning commission recommendation.

(d)

Approval extensions. At least one month before termination of preliminary site plan approval the applicant may file a petition with the city requesting a one year extension of the preliminary site plan approval granted by the city council. At least one month before termination of final site plan approval the applicant may file a petition with the city requesting a one-year extension of final site plan approval by the city council.

(Ord. No. 802, § 1, 12-14-2020)

(a)

Phased development. Should the applicant elect to develop the site in phases, each phase shall be clearly delineated on the final site plan by phase development lines, and shall follow the requirements for phased development as set forth in this chapter.

(b)

Site plan revisions. Except as otherwise set forth in this subsection, revisions to a previously approved final site plan shall require review and approval by city staff and the planning commission with a recommendation from the planning commission to the city council for final site plan approval. Except, upon review of a revision to a previously approved preliminary or final site plan that the city staff responsible for reviewing site plans determines to be of:

(1)

Such minor consequence that it does not alter the location of any buildings, or,

(2)

Involves the relocation of not more than one or two parking spaces, or

(3)

Diminish the number of planting materials approved for the site, or

(4)

Does not create or establish new items or adds new elements to the layout that were not part of the previously approved site plan, then,

The city staff responsible for reviewing site plans may approve the change and inform the planning commission and the city council of the change. If the city staff responsible for reviewing site plans is uncertain if a revised site plan contains a significant enough change to warrant sending the revised plan or plans to the planning commission for review, the staff shall forward the revised site plan or plans to the planning commission for review and action.

(c)

Modifications to application procedure. Modifications to the procedures set forth in this article may be made in strict accordance with the procedural modifications set forth in this chapter.

(Ord. No. 802, § 1, 12-14-2020)

Within the area of the city historically identified as the Old Trenton area in the intent section of this article, specific overlay zones have been established in which the redevelopment of land may take place in accordance with the guidelines and applicable standards set forth in this section and in this article. The mixing of residential land use with nonresidential land use may be permitted on a limited basis in those PD overlay zones provided herein. The mixing of various types of residential development modes is also permitted in the PD overlay zones.

(1)

SHR Special Housing Redevelopment Overlay Zone. The SHR Special Housing Redevelopment Overlay Zone as depicted on the overlay zoning map in this article, and on the Trenton Zoning Map, is designed to permit the occupation of vacant existing buildings and the redevelopment of land with more intense residential uses in mid-rise configurations and which may contain nonresidential land use on its lower floors. This type of potentially more intense residential living environment is intended for sites in or near the central business district or as new development or redevelopment on land with frontage along the Detroit River.

(2)

CBDn Central Business District north. The CBDn Overlay Zone as depicted on the overlay zone map in this article and on the Trenton Zoning Map is designed and intended to permit a limited mix of residential and nonresidential uses that will permit the frontage along both sides of West Jefferson Avenue within the overlay zone to transition in an orderly manner. Land use permitted in this overlay zone is further intended to complement uses in the adjoining central business district while at the same time encouraging a mix of nonresidential and residential uses in a planned development type of orientation that will serve as an effective land use transition to residential homes in the adjoining single-family neighborhoods.

(Ord. No. 802, § 1, 12-14-2020)

The following uses shall be permitted in their respective overlay zones:

(1)

Special Housing Redevelopment Overlay District. In the SHR Overlay Zone no building or land shall be used and no building shall be erected except for one or more of the following specified uses:

a.

The principal permitted uses and the special land uses that are permitted in the RM-2 Multiple-Family Residential (High Rise) District, subject to the applicable limitations of this article pertaining to building height in this overlay zone. Dwelling density shall be subject to review and approval by the planning commission and the city council, but in no instance shall dwelling density and any corresponding building bulk required for such density, be at the expense of adequate and appropriate building setbacks, the applicable numerical off-street and off-street parking layout standards required for the development, aesthetic site landscaping and any applicable landscape screening considerations.

b.

The principal permitted uses and special land uses except mortuary establishments that are permitted in the B-1 Community Business District, subject to the requirements of the district including any conditions attached to each use.

c.

The principal permitted uses and special land uses except gasoline stations and veterinary medicine offices that are permitted in the B-1 Local Business District, provided all such uses are located within the principal building on the development site and provided further that whenever a permitted nonresidential use shall be located in a building containing residential dwellings, the requirements of Article XV, in this chapter shall apply.

(2)

CBDn Central Business District north. In the CBDn Overlay Zone no building or land shall be used and no building shall be erected except for one or more of the following specified uses:

a.

Offices, including offices of a doctor or dentist, financial institutions with drive-through facilities when they are clearly ancillary to the principal permitted use.

b.

Service oriented uses that perform services on the premises such as but not necessarily limited to small repair shops such as jewelry stores with repair facilities, small electronic items store with repair facilities, tailor shops, barber and/or beauty shops, and photographic and art studios.

c.

Small retail commercial uses containing not more than 1,100 square feet of gross floor area, except upon request by the applicant, the planning commission may recommend up to a 50 percent increase in gross retail floor area, when the numerical off-street and the off-street parking layout standards of Article XXVI, in this chapter can be met, and when the planning commission is satisfied that a larger building platform will not be out of character with land use next to it, including the single-family homes in the adjoining neighborhoods to the rear of the property.

d.

Multiple-family residential dwellings in town house or town home configuration when that use is the principal use of the property with each dwelling unit having direct outdoor access through at least a front entrance, there being no common hall access permitted. Each dwelling unit shall be provided with a covered parking space in the form of a completely enclosed garage, a carport structure, or in a parking deck.

e.

Multiple-family residential dwellings in the upper floor, or floors, of a nonresidential building.

f.

Sit-down restaurant, as defined in this chapter, including seasonal outdoor eating area, when the eating area will have no outdoor music or loudspeaker system and provided it will be located:

1.

On private property directly in front of the building, between the front of the building and the front property line, or

2.

In the public right-of-way directly in front of the restaurant, provided the building on the adjacent property contains a nonresidential use on the ground floor next to the outdoor restaurant, or

3.

In an interior side yard on the same property with the restaurant, provided the building on the adjacent property contains a nonresidential use on the ground floor next to the outdoor restaurant, or

4.

In an exterior side yard on the same property with the restaurant, provided the building directly across the street from the outdoor restaurant contains a nonresidential use on the ground floor, or

5.

In an acceptable combination of not more than two of these locations.

(Ord. No. 802, § 1, 12-14-2020)

Though the primary intent of the PD District is for the development and particularly the redevelopment of land within the Old Trenton area, it is recognized that a limited number of sites in the city may exist beyond the Old Trenton area that could accept a mixed-use development. Such an area shall be brought before the city for consideration only after proper application has been made to the city by private development or redevelopment interests. An area beyond the Old Trenton area, which has been submitted to the city for consideration as a planned development site, must meet the following conditions before the city shall establish a PD Overlay Zone on the site:

(1)

The concept plan submitted for consideration demonstrates that the site is of sufficient size to properly accommodate the type of planned development proposed for the property.

(2)

The site has direct frontage along a major thoroughfare, as designated on the city's adopted master plan for future land use map.

(3)

The site can serve as a clear land use transition along the thoroughfare between the thoroughfare itself and single-family homes beyond, or between intense nonresidential uses, such as, but not necessarily limited to, commercial or industrial uses, or rail corridors, but not including office uses, and a more restrictive area such as a single-family neighborhood.

(4)

The development will consist of a mix of land use types, consisting of multiple-family and single-family dwellings, which may include attached for detached dwellings in clusters, or a mix of residential and nonresidential uses that are acceptable to the city at the location where they are proposed.

(5)

The mixed use development will achieve the overall intent of the city's master land use plan for the area by consisting of land use that is directly recommended for the site on the city's adopted master plan map, or, in the opinion of the planning commission, will consist of a mix of land use that will not be incompatible with the land use recommendations of the master plan, thereby serving as an acceptable land use alternative.

(6)

The development will comply with all of the applicable requirements of the PD District pertaining to application, application procedures, building height, bulk and density limitations, and the overall review process.

(Ord. No. 802, § 1, 12-14-2020)

The following conditions shall be applicable to all overlay districts outlined in this article:

(1)

Provisions satisfactory to the city council have been made to provide for the financing of any improvements shown on the plan for open spaces and common use areas which are to be provided by the applicant and that maintenance of such improvements is ensured by a means satisfactory to the city council.

(2)

The cost of installing all streets and necessary utilities has been assured by a means satisfactory to the city council.

(3)

Proceeding with a planned development shall only be permitted if it is mutually agreeable to the city council and the administering developer.

(4)

The location and size of the proposed use or uses to land use around them, the nature of the use and the intensity of the principal use or uses, the site layout and its relationship to streets giving access to the development shall be such that traffic to and from the use or uses will not be hazardous to traffic on the streets around the planned development, nor to the surrounding area. Consideration shall be given to convenient and safe routes for pedestrian traffic, the relationship of the proposed development to main traffic thoroughfares, and to street and road intersections, and in general, to the character and intensity of the existing and potential redevelopment of the neighborhood. Where appropriate, the possible detrimental impact that the proposed development could have on neighboring property, and on the surrounding neighboring in general.

(5)

The location and height of buildings, the location and nature and height of walls and fences, and the nature and extent of landscaping of the site shall be such that they will not hinder or discourage the proper development and use of adjacent land and buildings or impair the value thereof.

(6)

The number of parking spaces and their convenience by location with respect to pedestrian and vehicular circulation, the amount and location of open spaces, and the provisions of other amenities shall be in proportion to the anticipated needs and desirability for the proposed uses.

(7)

All public and private streets and all drives, parking areas, drainage facilities, utility installations and other site improvements shall equal or surpass the applicable engineering standards of the city, as established by resolution of the city council, and the dedication of all public rights-of-way or public open spaces shall be made prior to any construction taking place on the site.

(8)

In residential reuse areas, any prorated open space shall be irrevocably committed and retained as open space of park, recreation, and related uses. All such lands dedicated in fee or easement shall be approved by the city council.

(9)

No accessory building or structure shall be permitted except in conjunction with a principal permitted use.

(10)

All new single-family detached dwelling buildings shall comply with the applicable standards set forth in Article IV, in this chapter, or when development is permitted under the requirements of the R-4 District, the applicable standards set forth in Article V, in this chapter.

(11)

Any business establishment permitted in a planned development shall be retail or service establishments dealing directly with customers. Any goods produced on the premises shall be sold at retail on the premises.

(12)

The schedule of regulations in Article XXIII, in this chapter limiting the height and bulk of buildings, providing the minimum size of lot by permitted land use, providing the maximum density permitted, and providing minimum building setback requirements, and all other applicable provision this chapter shall apply, except as otherwise modified, in this article.

(Ord. No. 802, § 1, 12-14-2020)

The following conditions are applicable to the particular overlay district they represent:

(1)

Conditions applicable to the SHR Special Housing Redevelopment Overlay Zone.

a.

Redevelopment in this overlay zone may be the most intense of any of the overlay districts provided in this chapter. Therefore, special attention shall be given to the potential impact that certain land use types permitted in the SHR Overlay Zone, could have on adjacent land use, particularly to abutting single-family residential homes.

b.

Between Riverside Drive and the Trenton Channel of the Detroit River, from St. Joseph Avenue to Truax Avenue, the maximum height of any building shall not project more than 25 feet in height above the highest established grade at the top of the east curb line of Riverside Drive along the subject property's frontage. This building height limitation shall extend east on a horizontal line equal to the maximum established building height limitation to the river bank along the east edge of the property, as illustrated on the accompanying page, except, this building height limitation may be exceeded by a building height equal to not more than one additional story of dwelling floor area when all of the off-street parking spaces required for the building will be provided within the building, or at least one-half of the total number of off-street parking spaces required for the building are provided within the building and the remaining parking spaces are provided within a parking structure attached to the building.

c.

In those instances where the dwelling units in the upper floor or floors of a building along the site's Riverside Drive frontage may look down on to the roof of any other building nearer the site's water frontage, the roof of the water frontage building or buildings shall have a pitched or similar type of roof. If a flat roof building, the rooftop will be of an architectural nature, and will contain no climate control appliances, or other roof top appurtenances.

d.

All buildings on the site shall be arranged so as not to unduly limit or restrict view of the Trenton Channel of the Detroit River.

Building Height Limitations

e.

When parking spaces shall be enclosed in the manner set forth in this subsection, the total number of dwelling units allowed in the additional bonus floor shall not exceed the total number of dwelling units on the floor immediately below.

f.

Building setbacks shall be subject to review and approval by the planning commission and the city council but in no instance shall any building setback be less than one-half the height of the building, as building height is defined in this chapter.

g.

All roof top climate control equipment and any communication systems that may be visible from Riverside Drive, from the river, or from dwellings west across Riverside Drive, shall be effectively and aesthetically screened from view in a manner acceptable to the planning commission and the city council.

(2)

Conditions applicable to the CBDn Central Business District north Overlay District.

a.

A minimum ten-foot front yard setback shall be provided for each multiple-family dwelling building.

b.

A minimum 20-foot rear yard setback shall be provided for each multiple dwelling building, except the entire rear yard area of a dwelling unit may contain a required covered parking space, provided the rear yard terminates at the edge of an improved public alley right-of-way that may be used to access the covered parking space.

c.

No private covered parking space shall have direct fronting access to West Jefferson Avenue, but may have direct fronting access to an intersecting side street.

d.

A multiple dwelling building shall not exceed two stories in height, except when the ground floor area of the building is used as garage or covered parking area for the multiple dwelling located on the second floor of the building, or when the rear portion of the ground floor area is used as a garage or covered parking area for the dwelling unit above it and a nonresidential use will occupy the remaining ground floor area at the front of the building, one additional story of living area may be permitted, but no building shall exceed three stories in height.

e.

When a multiple-family dwelling unit shall be located above a ground floor nonresidential use, the requirements of Article XV in this chapter shall apply.

f.

All exterior walls of a multiple dwelling building shall observe the exterior building wall materials guidelines set forth in Article XXIX in this chapter.

g.

All required lawn areas and any additional open space areas provided with any development in the CBDn Overlay District shall be landscaped and maintained in compliance with the applicable landscaping requirements of Article XXVII in this chapter.

h.

Where site screening is required it shall be provided as required and in the manner set forth and regulated in Article XXVII in this chapter.

i.

Parking for all uses permitted in the CBDn Overlay District shall comply with the applicable requirements of Article XXVI in this chapter, except if on-street parking is permitted along West Jefferson Avenue in front of the use, or along an intersecting side street frontage next to the property those parking spaces may be counted towards meeting the numerical off-street parking requirement for the use.

j.

A nonresidential building need not provide a front yard setback, and when the sidewall of any building will have no openings (doors or windows) that wall of the building may be located directly on an interior side lot line and may be in common with the existing side wall of the building on the abutting lot even if that building is a multiple dwelling building. These setback requirements may apply to a nonresidential building even if it will house a multiple-family dwelling or dwellings on the upper floor or floors.

k.

Seasonal outdoor eating areas to be used in conjunction with an approved sit-down restaurant shall comply with the applicable requirements of Article XV, in this chapter.

l.

The exterior wall of any nonresidential oriented building that will be visible shall observe the exterior building wall materials guidelines set forth in Article XXIX in this chapter, even when the building may contain dwelling units in its upper floor or floors.

m.

The overall appearance of any building proposed in the CBDn Overlay District shall be subject to the review and recommendation of the planning commission. When conducting its review the planning commission will be satisfied that the size and appearance of the proposed building or buildings will be compatible with the appearance and scale of the building or buildings next to it, and with other buildings along the West Jefferson Avenue frontage in the CBDn Overlay District.

n.

Exterior site lighting shall comply with the applicable requirements of Article XXIX in this chapter.

o.

In order to create and maintain a uniform streetscape appearance along West Jefferson Avenue in the CBDn Overlay District, one freestanding sign or one wall sign shall be permitted for each nonresidential use in a building, except a corner building may have one wall sign on each street frontage or one freestanding sign and one wall sign, but not on the same frontage. No single wall sign shall exceed 50 square feet in display area and shall not project out from the wall to which it is attached more than eight inches. In those instances where two wall signs may be permitted, the second sign shall be limited in area to not more than 50 percent of the display area of the principal wall sign. A freestanding sign shall not exceed four feet in overall height, measured from the ground at the base of the sign structure to the top of the sign structure. A freestanding sign shall not exceed 28 square feet in display area per side and no such sign shall have more than two display sides. A sign may be lighted but all such lighting shall be exterior lighting, there being no internally lighted signs permitted. All luminary used to light a sign shall be low wattage luminary and shall be designed and placed so as to cast a soft light on only the display surface of the sign.

p.

When reviewing the off-street parking area for a proposed development every effort shall be made to limit the number of access driveways along West Jefferson Avenue and along any intersecting street. Requiring adjoining parking lots to share a common central access point, or to use an improved abutting alley to access parking lots are ways to limit the number of access points.

(Ord. No. 802, § 1, 12-14-2020)

The city council shall have the authority to review, grant, or deny applications for variances in the case of planned development districts as defined in this section, including variances from the strict application of the provisions of this chapter where by reason of exceptional narrowness, shallowness, shape, or area of a specific piece of property at the time of enactment of this chapter or by reason of exceptional topographic conditions or other extraordinary or exceptional conditions of such property where the strict application of the regulations enacted would result in peculiar or exceptional practical difficulties to, or exceptional conditions of such property the strict application of the regulations enacted would result in a peculiar or exceptional practical difficulties to, or exceptional undue hardship upon the owner of such property, provided such relief may be granted without substantial detriment to the public good and without substantially impairing the intent and purpose of this chapter.

When granting a variance, the city council may attach thereto such conditions regarding the location, character, and other features of the proposed use as it may deem reasonable in furtherance of the purpose of this chapter.

A variance may be allowed by the city council only in cases where the applicant can show just cause by virtue of a true physical hardship on the property, which compels the request for the variance, or when the applicant can demonstrate that a true practical difficulty exists, thereby warranting the variance. A variance shall be considered only when it can be found that:

(1)

The alleged hardship or practical difficulty, or both, are exceptional and peculiar to the property of the person requesting the variance, and result from conditions which do not exist generally throughout the city.

(2)

The alleged hardship or practical difficulty, or both, which will result from a failure to grant the variance, include substantially more than mere inconvenience, inability to attain a higher financial return, or both.

(3)

Allowing the variance will result in substantial justice being done, considering the public benefits intended to be secured by this article, the individual hardship that will be suffered by a failure of the city council to grant a variance, and the rights of others whose property would be affected by the allowance of the variance.

(4)

The conditions and circumstances on which the variance request is based shall not be a self-imposed hardship or practical difficulty.

(5)

A variance approved shall be the minimum variance that will make possible a reasonable use of the land or structure.

The above findings of fact shall be made by the city council. The city council shall grant a variance only after making an affirmative finding of fact on the preceding categories.

(Ord. No. 802, § 1, 12-14-2020)

For the purposes of administering the standards of this article and the applicable standards of this chapter, the map outlining the location and extent of the two overlay zones set forth and regulated in this article, is provided below.

(Ord. No. 802, § 1, 12-14-2020)