This district is intended to promote the continued use of open, unsubdivided lands for agriculture and low-density residential use as well as non-residential uses, as may be permitted on appeal, which are compatible with the conservation of such semi-rural uses and land areas.

6.1.1. Use Regulations. See Table 6 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses and the following limitations.

1.

Stables and Farms shall only be permitted on lots of one acre or larger.

2.

Only low and medium intensity institutional uses may be approved and only as Special Exceptions per §12.3 or as Conditional Uses per §13.3 as indicated in Table 6.

6.1.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 6.1 shall be observed (See also Article 4 General Regulations):

1.

Only one main structure and its accessory buildings may be built on any lot of record, which at the time of enactment of this ordinance, is separately owned.

2.

Livestock and fowl shall not be housed, fed or watered within 150 feet from the boundary of another district nor 300 feet of the nearest existing residence on any abutting or adjacent property.

3.

Piles of feed or bedding shall be located no closer than 100 feet from a right-of-way line, property line to minimize odor and nuisance problems.

4.

Manure shall be stored for removal and disposed of in accordance with all applicable county, state and federal regulations. No manure piles shall be located closer than 100 feet from a right-of-way line, property line, zoning district boundary, wetland, watercourse or other water body.

6.1.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements, see Article 9.

4.

For sign regulations, see Article 11.

(Ord. No. 3099, 6-27-22)

This district is intended to accommodate non-residential uses of a scale and in such locations as to be compatible with and conveniently serve the day-to-day needs of adjacent neighborhoods.

6.2.1. Use Regulations. See Table 6 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses.

1.

Retail, service and office uses shall be limited to a maximum gross floor area of 10,000 sq. ft. per establishment. However, additional floor area up to 25,000 sq. ft. may be approved as a Conditional Use per §13.3.

2.

Only low and medium intensity institutional uses may be approved and only as Special Exceptions per §12.3 or as Conditional Uses per §13.3 as indicated in Table 6.

6.2.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 6.2 shall be observed (See also Article 4 General Regulations):

1.

Side yard setbacks shall not be required; however, wherever a building is set back from the side lot line, such setback shall be as required by the Building Code and landscaping as required by §9.2 shall be provided.

6.2.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements, see Article 9.

4.

For sign regulations, see Article 11.

(Ord. No. 3099, 6-27-22)

This district is intended to accommodate a range of mutually supportive residential and neighborhood-scale non-residential and mixed uses developed in a pedestrian-friendly pattern. Such development is further intended to be located and designed so as to be convenient to and compatible with adjacent neighborhoods.

Council approval of the application for B-1.2 zoning will include approval of the development plan, including, site plan and setbacks, renderings, and other public improvements. The Zoning Official, Building Official, and City Engineer may approve incidental changes, however, substantial changes to the approved plan (i.e. increased density, amended layout, change of use, etc.) may only be approved by Council following recommendation of the Planning and Zoning Commission.

6.3.1. Use Regulations: See Table 6 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses and the following limitations.

1.

Retail, service and office uses shall be limited to a maximum gross floor area of 10,000 sq. ft. per establishment. However, additional floor area up to 25,000 sq. ft. may be approved as a Conditional Use per §13.3.

2.

Only low and medium intensity institutional uses may be approved and only as Special Exceptions per §12.3 or as Conditional Uses per §13.3 as indicated in Table 6.

6.3.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 6.3 shall be observed (See also Article 4 General Regulations):

1.

Front Yards.

a.

When separated from the nearest boundary of any single-family residential district by more than 200 feet or by a street right-of-way, no front yard setback shall be required. Otherwise, the minimum front yard setback shall be 20 feet.

b.

Buildings may be required to be set back as needed to provide a sidewalk as required in §6.3.3.1.

2.

Side yard setbacks shall not be required; however, wherever a building is set back from the side lot line, such setback shall be as required by the Building Code and landscaping as required by §9.2 shall be provided.

6.3.3. Development Standards.

1.

All buildings shall have a sidewalk a minimum five to eight feet width along the lot frontage as determined and approved by the City Engineer. Additional right-of-way or a sidewalk easement shall be provided along the lot frontage, if necessary, to accommodate the required sidewalk width.

2.

Residential uses, if located within 15 feet or less of a front lot line, shall be raised at least two feet above grade level.

3.

Residential and non-residential uses shall not be located on the same floor of the same building.

4.

No vehicular use area, other than a driveway, shall be permitted forward of any front building line without Conditional Use approval per §13.3.

5.

For accessory structures, see §4.4.

6.

For parking requirements, see Article 8. Abutting on-street parking spaces may be counted toward these requirements.

7.

Landscaping shall be provided as required in Article 9 except as follows;

a.

Landscaping shall not be required at the building front when the building is built up to the public sidewalk. If the building is set back, the front yard shall be (1) designed and improved as an extension of the sidewalk; (2) designed and improved as a plaza; (3) landscaped as required in §9.2 Site Landscaping; or (4) a combination of these.

b.

Buffers shall not be required between developments within the B-1.2 District but shall required between B-1.2 District developments and uses located outside of the district, as applicable.

8.

For sign regulations, see Article 11.

(Ord. No. 3099, 6-27-22)

This district is intended to accommodate a wide range of non-residential uses in locations convenient to large sections of the community.

6.4.1. Use Regulations. See Table 6 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses and the following.

1.

Manufacturing incidental to a retail business where articles are sold at retail on the premises may be permitted as a Special Exception per §12.3.

6.4.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 6.4 shall be observed (See also Article 4 General Regulations):

1.

Side yard setbacks shall not be required; however, wherever a building is set back from the side lot line, such setback shall be as required by the Building Code and landscaping as required by §9.2 shall be provided.

6.4.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements, see Article 9.

4.

For sign regulations, see Article 11.

(Ord. No. 3099, 6-27-22)

This district is intended to accommodate a wide range of business uses as well as certain non-residential uses that are generally incompatible with the other districts within this Ordinance. Thus the District provides a mechanism through which such uses may be reviewed by the Commission and Council, who may impose conditions upon such development to mitigate incompatibilities with surrounding development.

6.5.1. Use Regulations. See Table 6 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses.

6.5.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 6.5 shall be observed (See also Article 4 General Regulations):

1.

Side yard setbacks shall not be required; however, wherever a building is set back from the side lot line, such setback shall be as required by the Building Code and landscaping as required by §9.2 shall be provided.

6.5.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements, see Article 9.

4.

For sign regulations, see Article 11.

(Ord. No. 3099, 6-27-22)

This district is intended to accommodate office buildings of limited scale and intensity in locations easily accessible to the overall community.

6.6.1. Use Regulations. See Table 6 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses and the following limitations.

1.

No storage (except of samples for display purposes), manufacture, repair or delivery of merchandise thereon or therefrom shall be permitted. This shall not apply to said activities when they are incidental to a permitted use and completely contained within the interior of the building or tenant space housing the principal use.

6.6.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 6.6 shall be observed (See also Article 4 General Regulations):

6.6.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements, see Article 9.

4.

For sign regulations, see Article 11.

(Ord. No. 3099, 6-27-22)

This district is intended to accommodate large-scale, intensive office development in locations easily accessible to the overall region.

6.7.1. Use Regulations. See Table 6 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses and the following use limitations.

1.

No Storage (except of samples for display purposes), manufacture, repair or delivery of merchandise thereon or therefrom shall be permitted. This shall not apply to said activities when they are incidental to a permitted use and completely contained within the interior of the building or tenant space housing the principal use.

6.7.2. Area and Dimensional Regulations. The area and dimensional regulations set forth following and in Table 6.7 shall be observed (See also Article 4 General Regulations):

1.

The maximum building height shall be four stories. However, additional building height up to ten stories may be approved by the Council through Conditional Use review per §13.3. Additional building height shall only be permitted in accordance with the following findings:

a.

The location of the building is a sufficient distance from any single-family residential districts to mitigate incompatibility.

b.

The capacity of the existing street network and any proposed improvements will be sufficient to serve the additional traffic without undue disruption of current traffic.

c.

The location and available fire protection services are sufficient to effectively serve the proposed development.

6.7.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements, see Article 9.

4.

For sign regulations, see Article 11.

(Ord. No. 3099, 6-27-22)

This district is intended to accommodate institutional uses that, due to their scale and related impacts, are not compatible with residential use and are therefore generally to be developed in highly accessible locations and/or outside of established neighborhoods.

6.8.1. Use Regulations. See Table 6 (at the end of this Article) for Permitted Uses, Special Exception Uses, and Conditional Uses and the following use limitations:

1.

No party may alter, expand or extend existing buildings nor construct new ones for the purpose of establishing a use not permitted within the INST District.

6.8.2. Area and Dimensional Regulations. The area and dimensional regulations set forth in Table 6.8 shall be observed (See also Article 4 General Regulations):

6.8.3. Development Standards.

1.

For accessory structures, see §4.4.

2.

For parking requirements, see Article 8.

3.

For landscaping requirements, see Article 9.

4.

For sign regulations, see Article 11.

6.8.4. Exemptions.

1.

Any and all real property located within the corporate City Limits, which was developed as a place of worship, municipal building or facility, school or hospital on or before October 16, 1978, is exempt from these regulations.

2.

The purpose of this provision is to establish that any and all places of worship, municipal buildings or facilities, school or hospitals which had developed in the City prior to the adoption of Ordinance Number 445 and were at said time rezoned to the INST District, may continue to use said property, either in whole or in part, and have the right to continue its operations on said property without further proceedings. Said places of worship, municipal buildings and facilities, schools and hospitals may continue the lawful use of said land and structures located thereon, existing on and prior to October 16, 1978. As such, any structure may be built, enlarged, extended, reconstructed or structurally altered on said land for any lawful purpose permitted on said land under the Zoning Ordinance in force and effect on and prior to October 16, 1978.

3.

The regulations herein shall apply only to that real estate within the INST District developed subsequent to October 16, 1978.

(Ord. No. 3099, 6-27-22)

6.9.1. Intent.

Planned unit development ("PUD") is a method of development which permits more than one use to be developed on a tract of land, in part or whole, in accordance with an approved Master Development Plan, the intent of which is to:

1.

Promote a sense of community, permit flexibility and consequently more creative and imaginative design to accommodate planned associations of uses developed as integral land use units such as office parks or complexes, commercial uses, service centers, residential developments of multiple or mixed housing, including multi-family dwellings, attached and detached single-family dwellings, or any appropriate combination of uses which may be planned, developed or operated as integral land use units;

2.

Permit higher than typical densities of land in areas within the PUD in conjunction with provisions for more expansive functional open space and community services;

3.

Promote the efficient use of land to facilitate a more economic arrangement of uses, buildings, traffic circulation systems and utilities;

4.

Combine and coordinate uses, building forms, building relationships, and architectural styles within the PUD;

5.

Promote the preservation and enhancement of existing natural landscape features, their scenic qualities and amenities to the greatest extent possible, and utilize such features in a harmonious fashion;

6.

Exempt a development from the conventional zoning regulations regarding setbacks, minimum yard size, minimum greenbelts, off-street parking regulations, minimum floor areas, and other regulations to achieve the intent described herein;

7.

Give the developer reasonable assurance of ultimate approval before beginning final engineering work while providing City officials with reasonable assurance that the development will retain the character envisioned at the time of concurrence; and

8.

Promote privacy by permitting the use of gates to control access on private streets, subject to approval by the City as part of the PUD and subdivision review process.

6.9.2. Application and Requirements for PUD.

1.

Submission of Application. The property owner (or his/her/its duly appointed representative) of a tract of land shall submit to the City Clerk, a minimum of 25 working days prior to a regularly scheduled Commission meeting, an application for approval of a PUD, which shall meet the requirements of this §6.9.

2.

Area Requirements. Except when the Master Development Plan of an existing approved PUD is amended by the original applicant, or his/her/its successors or assigns, to include additional area as provided in §6.9.9.3 hereof, any tract of land to be zoned PUD shall have a minimum of 75 acres.

3.

Contents of Application. The application submitted in accordance with this §6.9 shall contain the following:

a.

Application Fee. A fee to defray the cost of processing the application, as set from time to time by the Council. Applicant shall be responsible for all costs of notification and advertisement incurred.

b.

Owners. List of owners of the property. Any material change in the owners of the property shall be submitted to the City Clerk within 60 days after such change.

c.

Plan. A Master Development Plan of the PUD and any maps necessary to show the following information:

(1)

The direction of north, appropriate scale and topography (in no greater than ten feet contour intervals), waterways, flood plains, wetlands, forest cover and known areas of subsurface mining or environmental hazards;

(2)

The location of the various land uses by PUD land use districts as listed in §6.9.5 hereof;

(3)

The location of any existing and proposed public or private streets, greenbelts, buffers, natural or man-made open spaces, schools, parks and community service areas within and adjacent to the project area; and

(4)

The location of any proposed gates for control of access on public and private streets.

4.

Planning Criteria. The application shall also include the following written statements and other matters:

a.

A legal description of the total site proposed for the PUD;

b.

A general description of the surrounding area, including current zoning and/or land uses;

c.

A statement of planning objectives to be achieved by the PUD through the particular approach proposed by the applicant. The statement should include a description of the character of the proposed development and the rationale behind the assumptions and projections made by the applicant in relation to the over-all community growth;

d.

Of the development is to be in phases or stages, a general discussion of how the phases or staging is to proceed and an estimated date when the PUD will begin;

e.

General delineation of the various land use districts within the PUD, indicating for each such district its general size in terms of estimated total number of acres, with the exact boundaries of each such area to be determined by plat approved by the Commission;

f.

A calculation of the residential density in dwelling units per gross acre including interior roadways, and including maximum density in units per acre, and densities for all other land use districts within the PUD;

g.

Development criteria which shall include:

(1)

setbacks or other location methods, minimum finished floor areas, sign criteria, building heights, off-street parking requirements for each proposed land use district, and/or any other development criteria which the applicant may proposed, and

(2)

a general discussion of loading areas, greenbelts and buffers;

h.

Proposed plans for open space;

i.

Availability and accessibility if transportation, water supply and sewage disposal to the property;

j.

General statement regarding the ownership and maintenance of common areas and/or common open space;

k.

Documentation of any protective and/or restrictive covenants, homeowner or business associations and architectural review committees, if any, and a discussion of their functions;

l.

A general statement concerning any planned street/subdivision sign designs, including street, traffic and informational signs or other standards;

m.

Any planned interim uses of any portion of the property;

n.

A traffic study, if required by the City Engineer;

o.

Landscaping criteria; and

p.

Any proposed modification of existing subdivision regulations as applicable to the PUD.

6.9.3. Other Regulations Not Applicable.

It is the intent of this §6.9 that the PUD application shall set forth development criteria applicable to the property and that flexibility shall be allowed in the construction of improvements thereon. Accordingly, for the purposes of this §6.9, Articles 5 and 6, §4.4 Accessory Structures (except as set forth in §6.9.6) of this Zoning Ordinance, shall not apply to this §6.9. The applicability of the City Subdivision Regulations shall be subject to any modifications approved pursuant to §6.9.2.4.p above.

6.9.4. Review Procedure.

1.

General. The application shall be reviewed as provided in §13.4 of this Zoning Ordinance.

2.

Approval. Approval of the application for the PUD by the Council shall be an approval of (a) the Master Development Plan and (b) the planning criteria of the application (collectively, the "Plan"). The developer of the PUD may proceed with the development of the property in accordance with the Plan, and no further approvals shall be required except as set forth in §6.9.9 hereof.

6.9.5. PUD Land Use Districts.

The following PUD land use districts shall apply to all or part of a PUD.

1.

Planned Single-Family Residential (PR-1).

a.

Permitted Uses. Attached or detached single-family residential dwellings (including, without limitation, cluster residential, garden homes, duplexes, and townhouses); open spaces; parks; tot lots; swimming pools; picnic areas; tennis courts; community buildings; public playgrounds; municipal fire and/or police stations; golf courses and/or country clubs (if shown on the Plan); home occupations (as defined in §7.1); non-residential child and/or adult day-care centers; residential information offices; wastewater effluent spray irrigation fields (if shown on the Plan); and accessory structures and uses customarily incidental to such permitted uses.

b.

Conditional Uses. Public, private or parochial schools, but not providing residential accommodations; places of worship; museums; libraries; art galleries; recreational facilities operated on a nonprofit basis; golf courses and country clubs (if not shown on the Plan); convenience commercial uses; wastewater effluent spray irrigation fields (if not shown on the Plan); and other uses not listed in this §6.9.5.1 as may be approved by the Council following the recommendation of the Commission.

c.

Maximum Building Height. Buildings in the PR-I District shall not exceed three stories in height and shall conform to the City Building Code, Fire Code and Fire Prevention Code, as adopted and amended by the City.

d.

Special Setback Requirement. Unless otherwise approved by the Commission, any single-family residential dwelling constructed in a PR-1 land use district must be, at the time of initial construction, located or situated:

(1)

Not less than 300 feet from any then existing building in any other land use district in the Plan, which exceeds three stories in height but does not exceed six stories in height; and

(2)

Not less than 500 feet from any then existing building in any other land use district in the Plan, which exceeds six stories in height.

This requirement shall apply only to the initial construction of a single-family residential dwelling in a PR-1 land use district, and specifically shall not apply to subsequent additions to or modifications of such single-family residential dwelling, nor to any reconstruction in the event of partial or total destruction to such single-family dwelling due to a fire or other casualty.

2. Planned Multi-family Residential (PR-2).

a.

Permitted Uses. Multi-family dwellings and accessory structures; those permitted and conditional uses allowed by PR-1; municipal fire and/or police stations and uses customarily incidental to such permitted uses.

b.

Conditional Uses. Nursing homes; independent living facilities; assisted living facilities; professional offices; and other uses not listed in this §6.9.5.2 as may be approved by the Council following recommendation by the Commission.

c.

Maximum Building Height. Unless approved as a conditional use:

(1)

When a building is to be constructed within 300 feet of a single-family residential dwelling in a PR-1 land use district existing at the time of the issuance of a Building Permit for said building, said building shall not exceed three stories in height.

(2)

When a building is more than 300 feet but less than 500 feet from a single-family residential dwelling in a PR-1 land use district existing at the time of the issuance of a Building Permit for said building, said building shall not exceed six stories in height.

(3)

No building shall exceed ten stories in height.

In the event a building is destroyed by fire or other casualty, such building may be rebuilt or reconstructed up to its original height without regard to the distance between such building and any single-family residential dwelling built after the commencement of the initial construction of such building.

All buildings shall conform to the City Building Code, Fire Code and Fire Prevention Code as adopted by the City.

3.

Planned Office (PO).

a.

Permitted Uses. Public buildings, places of worship, banks and other lending institutions; municipal fire and/or police stations; professional offices ; and offices used exclusively for office purposes, wherein retail or wholesale trade or business is not conducted or wherein no merchandise or products are manufactured, stored, handled, conveyed, sold or otherwise disposed of, together with usual related support businesses (such as, but not limited to, restaurants and food service restaurants, drug stores, barber shops, beauty parlors, travel agencies, hotel/motel accommodations; office supply and/or quick print and copy establishments, and like uses), provided that such related support uses are physically located inside the structures devoted to the permitted uses set forth above, and accessory structures and uses customarily incidental to such permitted uses.

b.

Conditional Uses. Those conditional uses allowed by PR-2, except detached single-family dwellings; helistops, and other uses not listed in this §6.9.5.3 as may be approved by the Council following recommendation by the Commission.

c.

Maximum Building Height. Unless approved as a conditional use:

(1)

When a building is to be constructed within 300 feet of a single-family residential dwelling in a PR-1 land use district existing at the time of the issuance of a building permit for said building, said building shall not exceed three stories in height.

(2)

When a building is to be constructed more than 300 feet but less than 500 feet from a single-family residential dwelling in a PR-1 land use district existing at the time of the issuance of a building permit for said building, said building shall not exceed six stories in height.

(3)

No building shall exceed ten stories in height.

In the event a building is destroyed by fire or other casualty, such building may be rebuilt or reconstructed up to its original height without regard to the distance between such building and any single-family residential dwelling built after the commencement of the initial construction of such building.

All buildings shall conform to the City Building Code, Fire Code and Fire Prevention Code as adopted by the City.

4.

Planned Neighborhood Commercial (PNC).

a.

Permitted Uses. Those permitted uses allowed by PO; those permitted uses and conditional uses allowed by PR-2; retail establishments consistent with a neighborhood environment, including, but not limited to barber or beauty shops; restaurants; private clubs; drug stores; laundry and dry cleaning pick up stations and plants using non-flammable solvents only, if otherwise free of obnoxious fumes, odors and smoke; grocery stores; convenience stores; automotive gasoline service stations; florist shops; bakeries; child and/or adult day-care or nurseries; neighborhood service facilities; copy centers; travel agencies; car rental agencies; and with accessory structures and uses customarily incidental to such permitted uses.

b.

Conditional Uses. Those permitted uses allowed by PR-2; helistops; amphitheaters; in-door motion picture theaters and/or auditoriums; and such other uses not listed in this §6.9.5.4 as may be approved by the Council following recommendation by the Commission.

5.

Planned Business (PB).

a.

Permitted Uses. Those permitted uses allowed by PR-1 and PNC; schools; retail establishments, including but not limited to, shopping centers; veterinary clinics (no outside kennels); auto dealerships; auto parts stores; building material sales; department stores; radio and TV stations; domestic equipment rental, furniture stores; motels or hotels; in-door motion picture theatres and/or auditoriums; hospitals; automotive gasoline service establishments which may also serve auto functions such as muffler, tire, battery, brake and transmission shops; establishments for the design and distribution of printed material, coin-operated laundromats; car washes; card/gift shops; cosmetic studios; craft or hobby shops; dance studios; photographic studios; duplicating or copying service; health food stores; interior decorating stores; opticians, medical clinics; shoe repair, audio video; tanning salons; assisted living care facilities; hardware stores; jewelry stores; sporting goods stores; sales showrooms for appliances, furniture, carpet, lighting fixtures, medical and office equipment; toy stores; indoor sports facilities (bowling, health club or spa, racquet club, skating rink); and factory outlet stores, and accessory structures and uses customarily incidental to such permitted uses.

b.

Conditional Uses. Those conditional uses allowed by PNC; commercial recreation and amusement facilities; self-service storage facilities; telecommunications facilities; and other uses not listed in this §6.9.5.5 as may be approved by the Council following recommendation by the Commission.

6.

Planned Light Industrial (PI).

a.

Permitted Uses. Those permitted uses allowed by PB; major auto repair or renovation facilities not housed in the same structure or accessory structure to an auto sales establishment; bottling plants; construction yards; distribution yards for gasoline and fuel or tanks; domestic animal kennels; farm machinery and farm supply sales; heavy equipment sales and service; highway maintenance yards and buildings; janitorial and maintenance service; laundry and dry cleaning plants; printing establishments; light industrial, fabricating, processing, assembling and manufacturing uses; sanitary sewage and/or waste water treatment facilities; research and development laboratory facilities; warehouses; water or liquid storage tanks; wood working shops; and self-service storage facilities and accessory structures and uses customarily incidental to such permitted uses.

b.

Conditional Uses. Those conditional uses allowed by PB, except multi-family; live entertainment; telecommunications facilities; and other uses not listed in this §6.9.5.6, all as may be approved by the Council following recommendation by the Commission.

6.9.6. Requirements for Accessory Structures, Fences, Signs, Off-street Parking, Loading Areas, Landscaping, and Buffer Strips.

It is intended that the development criteria submitted with the application for the PUD will set forth requirements for accessory structures, fences, landscaping, buffer strips, signs, off-street parking, and loading areas. If the application does not contain such information, then the provisions of §4.4 Accessory Structures, §4.5 Fences, Article 8 Parking Regulations, Article 9 Landscaping and Article 11 Sign Regulations shall apply, but not otherwise.

6.9.7. Mixed Use.

It is intended that the flexibility of the PUD will allow in appropriate circumstances mixed uses on any particular parcel within the PUD, taking into consideration the compatibility of the intended uses with the surrounding use(s). "Mixed use," as used herein, shall be defined as a combination of permitted use(s) and conditional use(s) for more than one land use district and shall be considered as a "conditional use" under each land use district.

6.9.8. Building Permit.

1.

General. The developer of the PUD shall proceed with the development of the property in accordance with the Plan and no further approvals shall be required except as set forth in this §6.9.8. If plans are submitted for the construction of improvements on any particular parcel within the PUD, a Building Permit shall be approved or disapproved according to the procedure set forth in this §6.9.8.

2.

Issuance of Building Permits for Permitted Uses. Upon application for a Building Permit for the construction of improvements on any parcel within the PUD, if the Zoning Official shall determine that the intended use of the improvements is a "permitted use" within the applicable land use district of the PUD, then a Building Permit shall be issued in accordance with the provisions of Article 13.

3.

Other Uses. Upon application for a building permit for the construction of improvements on any parcel within the PUD, if the Zoning Official shall determine that the intended use of the improvements is a "conditional use" or "mixed use" within the applicable land use district of the PUD, the Zoning Official shall defer said applicant and application to the Commission for application review in accordance with §6.9.8.4 below.

4.

Conditional uses. Requests for conditional uses as stipulated within the land use district regulations of the PUD are permitted only after review and a recommendation for approval, denial or other report by the Commission and approval by the City Council, in accordance with §13.3, subject to the following procedure:

a.

The applicant shall submit to the Commission a site development plan which shall include:

(1)

Existing and proposed topography;

(2)

Property lines;

(3)

Scale;

(4)

Storm drainage facilities and other utility easements;

(5)

Existing and proposed structures and their uses;

(6)

Schematic exterior lighting;

(7)

General landscaping and fences;

(8)

Location of outside storage areas;

(9)

Location of parking and loading areas;

(10)

Points of ingress and egress; and

(11)

Signs, unless the protective covenants for the PUD establishes an architectural review committee or other entity that is responsible for, among other things, review and approval of signage.

b.

Any review and/or determination made by the Commission pursuant to this §6.9.8.4 shall be governed by, and performed in accordance with §13.3 of the Zoning Ordinance.

5.

Subdivision plats and roads. Nothing in this §6.9.8 shall be construed to require a Building Permit for approval of subdivision plats or road designs or the construction of roads within the PUD.

6.9.9. Deviation from the Plan.

1.

Incidental Change. To facilitate insignificant adjustments of the approved Plan as may be required by engineering or other circumstances unforeseen at the time of zoning approval, Zoning Official and City Engineer, as applicable or appropriate under the circumstances, may approve alterations to the plan which are considered incidental in scope, which approval shall be in writing. Approval of plans by official rubber stamp, initials and/or signature of the appropriate official shall be deemed approval "in writing".

2.

Minor Change. Changes to the plan, which are minor but more significant in scope than an incidental change, are subject to the review, approval and authorization of the Commission through the typical plat approval process. "Minor changes" shall be defined as increases in density, reductions in open space, and land use district boundary changes, provided no such minor change exceeds 5% of the original specification for such respective matter under the plan.

3.

Major Change. A "major change" in the plan shall be defined as any increase in density, reduction in open space, or land use district boundary change, in excess of five percent of the original specification for such respective matter under the plan. (NOTE: Such five percent is a cumulative total, which includes all requests since the plan was approved by the Council).

4.

Approval of Major Changes. Whenever the developer of a PUD shall request a major change as defined in §6.9.9.3, the developer shall file an application for change, which shall be reviewed in accordance with the provision of §6.9.2 of the Zoning Ordinance.

5.

Approval of Plat Changes. Once any plat has been approved by the Commission, any changes to such approved plat will be subject to review and approval by the Commission through the typical process for such changes. Any approved changes to a plat will not constitute a change to the Plan.

6.9.10. Time Limit for Development of Plan.

If no construction has begun within 12 months from the estimated and approved start up date of the PUD, as indicated by §6.9.2.4.d. above, said approval shall lapse and be of no further effect. The Commission, upon showing of good cause by the developer, may extend for period(s) of six months for the beginning of construction and development shall commence each year on the lesser of ten percent of the total PUD or 20 acres (whichever is less) and said construction should continue and be completed within a reasonable time.

6.9.11. Definitions.

1.

Intent. For purposes of this §6.9, certain terms used herein are herewith defined, and if any terms defined herewith in this §6.9.11 shall contradict or conflict with any terms defined in any other section of this Zoning Ordinance, those terms as defined in this §6.9.11 shall control.

2.

Definitions.

a.

Attached single-family dwelling shall refer to those buildings so designed and arranged to provide separate sleeping, cooking, and kitchen accommodations and toilet facilities for occupancy of two families or more whereby the living units are built for sale, in fee simple, and not for lease and including condominiums and townhouses.

b.

Cluster residential shall refer to detached single-family residential dwellings, typified by a building separation of a minimum of ten feet or as allowable by applicable fire code.

c.

Detached single-family dwelling shall refer to a detached building so designed and arranged to provide sleeping, cooking, and kitchen accommodations and toilet facilities for occupancy by one family only.

d.

Interim use shall refer to any temporary use of land in any area of a PUD, which has been approved as a part of the Master Development Plan and criteria. An interim use can be any use and may or may not be a permitted use or a conditional use of the land use district in which it is located.

e.

Multi-family dwellings shall refer to a structure designed or used for residential occupancy by more than two families, with or without common or separate kitchen facilities or dining facilities, and which is leased in part or whole, including apartment houses, apartment hotels, rooming houses, boarding houses, fraternities, sororities, dormitories, or similar housing types, but not including hotels, motels, hospitals, or nursing homes.

f.

Open space shall refer to any greenbelt, buffer, park, lake, river, or recreational development or area which is owned by or dedicated to the public, or owned in common or private, devoid of any habitable buildings, except where accessory to the provision of recreation opportunities, landscaping, drainage, spray irrigation or soil conservation, including, without limitation, conservation or green space easements, parks, such open spaces as may be located within a school site, golf courses, and such spaces as may be restricted to homeowner or business association membership. NOTE: No more than 25 percent of the open space specified in the approved Plan shall be included in building setbacks. Furthermore, no areas may be included as part of the open space specified in the approved Plan unless such area is a contiguous area of at least 1,000 square feet, which exceeds 15 feet in width at its narrowest point.

g.

Plat shall refer to any drawing or drawings and related written material indicating the manner or layout of a road, parcel, and/or subdivision to be submitted to the City for approvals and/or recording purposes.

h.

Story shall refer to any portion of a building that is (1) constructed wholly above ground and (2) included between the surface of any floor and the surface of the floor next above it, or, if there is no floor next above it, then the space between the floor and the ceiling next above it. Attic space shall not be included as a story.

6.9.12. Changes to Zoning Ordinance.

No amendment or modification of this Zoning Ordinance shall negate or affect in any adverse manner any property which was developed under a PUD Plan approved prior to the date hereof (the "Approved Plan"), it being intended that all existing improvements developed in accordance with an Approved Plan shall remain legally conforming. The property owner (of his/her/its duly appointed representative) may request in accordance with the requirements of this Zoning Ordinance, an amendment or modification of the Approved Plan with respect to any Property owned by such property-owner in light of any amendments or modifications of this Zoning Ordinance adopted subsequent to the date of the Approved Plan.

(Ord. No. 3099, 6-27-22)

6.10.1. Intent. The MXD District is intended to direct and encourage development of mixed uses in a pedestrian and/or transit-supportive pattern in locations indicated as "Village Centers" in the Comprehensive Plan. An MXD District may also coincide with an area surrounding a transit station or within designated centers along a transit line as designated in the Comprehensive Plan. Also considered shall be the use of the land and its improvements with adjacent land and the benefits or detriments to the property, adjacent land and to the City, which would result from the development in accordance with the proposed plan; thus promoting the public health, safety and welfare.

Furthermore the MXD District is intended to encourage redevelopment and infill development laid out, developed and used according to a Master Development Plan to improve mobility by providing pedestrian and transit-friendly development with a mix of residential, commercial and employment opportunities in accord with the following:

1.

Encourage investment in areas so designated by the Comprehensive Plan while adding to the quality of life in neighborhoods;

2.

Encourage safe, attractive and convenient access for transit users, pedestrians and bicyclists through appropriate design;

3.

Allow densities supportive of mixed use development;

4.

Reduce vehicular trip generation by allowing for combining of trips and locating destinations within walking and biking distances of neighborhoods and transit stops;

5.

Reduce congestion and increase safety on major roadways by providing from local streets, shared drives and alleys;

6.

Reduce conflicts between pedestrians, bicycles and vehicles;

7.

Reinforce the use of public transit by locating employment-oriented business and higher density residential uses, adjacent to transit stops.

6.10.2. Area Requirements. Except when the Master Development Plan of an existing approved MXD is amended to include additional area, any tract of land to be zoned MXD shall have a minimum of two acres.

6.10.3. Review Procedure.

1.

Prior to submission of the Master Development Plan, the applicant shall submit and review a conceptual plan with City Planning Staff for a preliminary indication of the consistency of the plan with the basic intents and requirements of the District. The applicant shall then prepare and submit the required materials of the Master Development Plan to the City Clerk.

2.

Applications shall be submitted a minimum of 25 working days prior to the next regularly scheduled Commission meeting.

3.

Rezoning to an MXD District shall proceed as provided in §13.4 Amendments and as described herein.

4.

Council approval of the application for the MXD shall be an approval of (a) the Master Development Plan and (b) the planning criteria of the application (collectively, the "Plan"). The developer may proceed with the development in accordance with the Plan, and no further approvals shall be required except for Building Permits, subject to §13.2.

6.10.4. Application. The application shall contain the following:

1.

An application fee to defray the cost of processing the application, as set from time to time by the Council. Applicant shall be responsible for all costs of notification and advertisement incurred.

2.

A list of property owners. Any material change in the owners of the property shall be submitted to the City Clerk within 60 days after such change.

3.

A Master Development Plan and any maps necessary to show the following information:

a.

A legal description;

b.

North arrow and scale;

c.

Planning objectives to be achieved. The statement should include a description of the character of the proposed development and the rationale behind the assumptions made by the applicant in relation to the overall community growth;

d.

Topography (in no greater than two foot contour intervals), waterways, flood plains, wetlands, forest cover and known areas of subsurface mining or environmental hazards;

e.

A general description of the surrounding area, including current zoning and/or land uses,

f.

Existing and proposed streets, greenbelts, buffers, open spaces, schools, parks and community service areas within and adjacent to the project area

g.

A description of how any phases or staging will proceed and an estimated date when the development will begin;

h.

The gross floor area of non-residential uses, area of proposed open spaces, and the number and gross density (including streets and open spaces) of all dwelling units;

i.

Development criteria, in accordance with §6.10.8 through §6.10.10, including but not limited to: setbacks and build-to lines, building heights, street and sidewalk design, signage, off-street parking, lighting, and/or any other development criteria which the applicant may propose;

j.

The location of proposed structures and uses;

k.

Landscape design criteria and plans for open space;

l.

Availability of transportation, water supply, storm sewer and sewage disposal;

m.

Plans for the ownership and maintenance of common areas;

n.

Documentation of any protective and/or restrictive covenants, property owner associations and architectural review committees, if any, and a discussion of their functions;

o.

A traffic study, if required by the City Engineer;

p.

Any proposed modification of the subdivision regulations.

6.10.5. Other Regulations Not Applicable. Where the provisions of this Section are in conflict with other provisions of this Ordinance, the provisions of this Section shall take precedence.

It is the intent of this Section that the application shall set forth criteria applicable to the property and that flexibility shall be allowed in the construction of improvements thereon. Accordingly, for the purposes of this district, the strict conformity to provisions of Articles 4, 7, 8 and 9, shall not apply, except as otherwise stated herein. The applicability of the City Subdivision Regulations shall be subject to any modifications accepted by the Commission.

6.10.6. Deviation from the Plan.

1.

Incidental Change. The Zoning Official, Building Official and City Engineer, as applicable, may approve alterations to the plan that are considered incidental in scope, which acceptance shall be in writing. Acceptance of plans by official stamp or seal, initials and/or signature of the appropriate official shall be deemed acceptance "in writing".

2.

Minor Change. Changes that are minor but more significant in scope than an incidental change are subject to review, acceptance by the Commission through the typical plat acceptance process. "Minor changes" include increases in density, reductions in open space, and changes to the accepted proportion of mixed uses, provided no such minor change exceeds five percent of the original specification under the Plan.

3.

Major Change. A "major change" includes any increase in density, reduction in open space, or change to the accepted proportion of mixed uses over five percent of the original specification for such respective matter. (NOTE: Such percentage is cumulative, which includes all requests since final acceptance). The developer shall file an application for any major change, which shall be reviewed in accordance with the provision of §6.10.3.

4.

Acceptance of Plat Changes. Once the Commission has accepted any plat, any changes shall require acceptance by the Commission through the typical process for such changes. Any accepted changes to a plat will not constitute a change to the plan.

6.10.7. Time Limit for Development of Plan. If no construction has begun within 12 months from the start up date, as accepted in the Plan, said acceptance shall lapse and be of no further effect. The Commission, upon showing of good cause by the developer, may extend for period(s) of six months for the beginning of construction, the intent being that construction should be completed within a reasonable time.

6.10.8. Uses. It is intended that flexibility be provided to allow mixed uses within the development, taking into consideration compatibility with surrounding use(s). Therefore, the development shall contain and provide an appropriate mix of complementary uses, which shall include those that offer goods and services at different times of day and those in which people may choose to live, work, shop and play in close proximity to one another.

1.

Prohibited uses. Uses or structures prohibited shall be the following, including uses and structures deemed by the Commission to be substantially similar in use and impact to those listed following:

a.

Drive-through facilities, except those located to the rear or interior of the development.

b.

Sales, service and rental of commercial equipment and construction materials.

c.

Vehicle sales, service and rental, except in an enclosed structure.

d.

Distribution, storage and warehousing facilities.

e.

Heavy commercial services.

f.

General manufacturing and other industrial uses.

g.

Salvage, recycling and outdoor storage.

h.

Towing services.

i.

Wholesale trade.

2.

Notwithstanding provisions to the contrary that may be found elsewhere in this Ordinance:

a.

Uses prohibited in a mixed use development that were lawfully in existence at the time of district designation but that are to remain as a part of the overall Plan, shall not be expanded, because such uses are not considered to be compatible with the intent of the district.

b.

All other uses and structures that were lawfully in existence at the time of district designation may be expanded, upon findings by the Commission that the proposed expansion complies with the intents of the MXD District and the Plan. Total such expansion shall be limited to a maximum of 20 percent of the gross floor area present at the time of district designation, and only upon acceptance by the Commission of a Plan that commits the applicant, through covenant or other appropriate means, to development that will achieve, through phases if necessary, full compliance with all applicable standards of the district.

6.10.9. Parking Requirements. It is intended that the provision of shared and on-street parking, mixed uses and optimized pedestrian access allows reductions in parking requirements as provided in §8.1.2.

1.

Parking shall not exceed 120 percent of the cumulative spaces required by §8.1.2 unless such additional parking is provided in a parking structure.

2.

Only new on-street parking, created as a result of the development, may be counted toward the parking requirement.

3.

Surface parking lots shall be landscaped in accordance with the applicable requirements of §9.2 Site Landscaping.

4.

Vehicular access to parking and loading areas shall be limited to mid-block alleys and shared driveways.

6.10.10. Review Criteria and Standards. The Commission shall employ the following checklist during the review process.

1.

Uses.

a.

A project shall include a residential component in combination with one or more of the following: commercial, lodging, institutional or recreational uses. The ratio of mixed uses shall be acceptable to the Commission.

b.

A variety of uses shall be placed close together to optimize pedestrian convenience.

c.

Buildings may include more than one use. However, residential uses may not be located on the same floor of the same building as a different use.

d.

Residential uses shall not exceed a net density of ten dwelling units per acre.

2.

Site Planning. Site plans should establish legible circulation paths, human-scaled public spaces and clear transitions between public and private space through the location of buildings, parking areas, access points, and walkways.

a.

Blocks larger than 400 feet by 400 feet should be avoided within the center of a mixed use development. Blocks may be larger along the periphery to provide an appropriate transition to surrounding neighborhoods.

3.

Building Height.

a.

The maximum building height, for lots adjacent to any single-family residential district, shall be three stories or 48 feet, whichever is less.

b.

The maximum building height for all other cases shall be five stories or 60 feet, whichever is less.

4.

Streetscape Design.

a.

All streets shall be designed to promote connectivity while calming traffic.

b.

New streets may include on-street parking as approved by the City Engineer.

c.

Sidewalks shall be installed along all street frontages as needed, and shall:

(1)

Be completely interconnected within the site and from the site to adjacent public sidewalks;

(2)

Be at least five feet wide in primarily residential areas;

(3)

Be at least eight feet wide in primarily commercial areas; and

(4)

Be separated from the street by a vertical curb.

d.

A tree lawn, regularly spaced tree wells, planter boxes, and/or on-street parking shall be provided as a buffer between the roadway and sidewalk.

e.

Planting strips and street trees shall be provided as required in the City Public Works Manual.

5.

Building Design. Buildings shall be oriented to maximize the building frontage along the street. Building frontage may be less and a modest setback incorporated where necessary to provide an appropriate transition to adjacent neighborhoods.

a.

Mixed-use buildings with street level commercial space shall be set back no more than five feet from the sidewalk unless the proposed setback is to be a courtyard, plaza or similar public space.

b.

Any residential units located within 15 feet of a public sidewalk shall be raised at least two feet above the grade level of the sidewalk.

c.

Buildings shall provide and maintain a public entrance along the street. Buildings shall be oriented toward the pedestrian by providing a direct link between the building and the existing and/or proposed pedestrian system.

d.

Shading and protection from inclement weather, through awnings or canopies, shall be provided over public sidewalks to optimize pedestrian comfort.

e.

Building service areas should be placed away from street view.

6.

Open Space.

a.

In primarily non-residential areas at least 15 percent of the total site area shall be dedicated to open space. Where feasible, this should be fulfilled with a plaza, courtyard or similar public space in a central location adjacent to multiple buildings on the site.

b.

In primarily residential areas at least 20 percent of the total site area shall be dedicated to usable open space.

7.

Vehicle and Bicycle Parking.

a.

Parking should be placed away from street view, to the rear or side of buildings and never at corners.

b.

Parking areas within a block should be shared. Reserved spaces shall be excluded from shared parking reductions per §8.1.2.

c.

Parking facilities shall be designed with connections to the sidewalk system and through-pedestrian paths, clearly identifiable through changes in material or elevation.

d.

Along street frontages, parking structures should contain ground-level business uses.

e.

Bicycle parking facilities should be provided as follows:

(1)

Multi-family: 1 space per dwelling

(2)

Retail: 1 space per 2000 sq. ft. GLA

(3)

Office: 1.0 space per 4,000 sq. ft. GLA

(4)

Park and Ride Facilities: 10 spaces per acre

8.

Lighting. Lighting should be carefully integrated with building, landscape and streetscape design. Scale, intensity, and fixture design should vary between areas of different densities and uses. Lighting should increase pedestrian comfort and safety. Well-lit streetscapes provide a sense of security and encourage nighttime activity. Ornamental light posts and fixtures help to create an attractive streetscape and should be consistent with the architectural character of the area.

Light fixtures should be shielded to keep light focused downward and avoid glare and excess lighting.

a.

Lighting may be used to showcase building and landscape features, emphasize important spaces and promote nighttime vitality and safety. All light sources should be shielded to eliminate nighttime glare. Building-mounted lights may be used in place of light posts to safely illuminate pedestrian and minor vehicular ways.

b.

Streetscape lighting should be compatible with the scale and character of surrounding buildings and open spaces. A larger number of lower scale, low-intensity lights is preferred to fewer, taller high-intensity lights. In the center of mixed use developments, light posts should be eight to 12 feet in height along sidewalks and spaced no more than 30 feet apart. For natural quality, lighting elements should provide full-spectrum light to prevent color distortion. Ornamental fixtures are recommended.

c.

Roadway lighting should be designed to enhance the safety of vehicular and pedestrian flows. Light posts may be located at both edges of the roadway or within a landscaped median. Lighting should be concentrated at intersection crosswalks for pedestrian safety. Roadway lighting should not adversely affect the streetscape lighting.

9.

Stormwater management. Off-site treatment (including curb and gutter, conduits, catch basins, and related appurtenances) shall be the preferable management technique; however, where such technique is inadequate or impractical, it should be combined or substituted with on-site retention and/or detention facilities integrated into the open space and landscape design of the site.

10.

Transit. Development sites that include an existing or planned transit stop shall:

a.

Be directly served by a sidewalk.

b.

Include a concrete loading pad from sidewalk to curb.

c.

Include a transit shelter integrated with the development.

d.

Provide bicycle parking as accepted by the Commission.

e.

Include bus turnout lanes along the transit route.

f.

Provide park-and-ride facilities (if in area designated by the MPO as a park-and-ride service area)

(Ord. No. 3099, 6-27-22)