The purpose of the community commercial zone is to provide appropriate locations for the development and operation of community retail and service activities in locations intended to conveniently serve area residents. Development standards are intended to protect adjacent residential zones, promote orderly development and avoid the creation of traffic volumes which cannot be accommodated by the existing street network. (Ord. 94-9, 4-13-1994)

   A.   Permitted Uses: The following principal uses may be allowed in new or existing structures, which have received site development plan approval and have obtained occupancy review and approval from the zoning administrator:

Accessory uses and buildings, customarily incidental and subordinate to an approved permitted use.

Any permitted uses listed in the administrative and professional (AP) zone.

Mobile food vendor.

Restaurants.

Retail operation of cleaning, laundry, cosmetic and repair services.

Retail sale and/or rental of goods, merchandise and equipment conducted wholly within an enclosed building. (Ord. 2004-19, 6-9-2004; amd. Ord. 2015-19, 6-24-2015)

   B.   Conditional Uses: The following uses are subject to the conditional use approval process outlined in chapter 17 of this title:

Accessory uses and buildings, customarily incidental and subordinate to an approved conditional use.

Automobile car wash, not to exceed four (4) bays.

Automobile service stations, excluding the repairing, painting or upholstering of automobiles.

Child daycare or preschool center which meets all state and local regulations.

Churches, temples and other places used exclusively for religious worship.

Commercial recreation and entertainment facilities, not to include sexually oriented businesses.

Development of any parcel of land for any of the principal uses listed in subsection A of this section, if said development exceeds five thousand (5,000) square feet of total building floor area, or of any parcel of land adjacent to Buena Vista Boulevard, Telegraph Road, Washington Parkway, 300 East or Washington Fields Road, and 3650 South.

One accessory apartment attached to and on the same parcel as an approved retail use, for occupancy by the manager or employee of the approved retail use.

Private business and technical schools.

Reception center and/or wedding chapel.

Any combination of the above uses which meets all other provisions of this title. (Ord. 2004-19, 6-9-2004; amd. Ord. 2014-18, 6-25-2014)

   C.   Other: Other uses, not listed as permitted or conditional uses in other zones, that are determined by the planning commission to be compatible and in harmony with the intent of this zone, according to the designated and approved development plan. (Ord. 2004-19, 6-9-2004)

All site design elements for the above listed conditional uses are subject to review and recommendation by the planning commission and approval of the city council, who shall apply the standards and provisions found in chapter 17 of this title, as well as the following provisions:

   A.   Location Within Enclosed Building: All approved business uses shall be located wholly within an enclosed building, except for the parking and servicing of automobiles and service to individuals in automobiles;

   B.   Objectional Factors: All uses shall be free from objectionable odor, noise, dust, smoke, vibration or other such factors; and

   C.   Advertising Signs: All advertising signs shall comply with the provisions of chapter 18 of this title. (Ord. 2004-19, 6-9-2004)

No building or structure shall be erected to a height greater than forty-five feet (45'), unless otherwise approved by the city council. (Ord. 2004-19, 6-9-2004; amd. Ord. 2020-04, 2-12-2020)

 

 

(Ord. 2000-12B, 7-26-2000)

   A.   Side Yards: A ten foot (10') side yard shall be required where a side yard abuts an agricultural or residential zone. Side yards abutting a street require a twenty foot (20') side yard.

   B.   Rear Yards: A ten foot (10') rear yard will be required where a rear yard abuts a residential or agricultural zone. (Ord. 94-9, 4-13-1994)

   A.   Landscaping: At least five percent (5%) of the private lot area shall be improved and maintained with landscaping. At least half of that landscaped area shall be in the form of live trees, shrubs or ground cover. A minimum ten foot (10') wide landscaped strip within the private lot area shall be installed and maintained along all street frontages. With the exception of the pedestrian and vehicular access portions of buildings, landscaping shall be installed and maintained along all building walls that face street frontages and parking lots. Where those building walls are longer than sixty feet (60'), trees shall be included in the landscaping with one tree every thirty feet (30'). The trees shall be a minimum size of fifteen (15) gallons (at least 1 inch in diameter) at planting. In addition to these requirements, the landscaping requirements cited elsewhere in this title shall be met, including the requirements for right of way and parking lot landscaping.

   B.   Fencing: Except in the front yard setback area, a six foot (6') high solid decorative fence or wall shall be installed and maintained along the boundary line of any agricultural or residential zone. Chainlink fencing with slats is not considered a solid fence or wall for the purposes set forth in this article. (Ord. 2004-19, 6-9-2004)

The purpose of the service commercial zone is to provide appropriate locations for the development and operation of service type commercial activities which may be established in locations intended to provide the "day to day" commodities demanded by area residents and to conveniently serve said residents. (Ord. 94-9, 4-13-1994)

   A.   Permitted Uses: The following principal uses may be allowed in new or existing structures which have received site development plan approval and have obtained occupancy review and approval from the zoning administrator:

Any permitted use listed in the AP or C-1 zones.

Accessory uses and buildings, customarily incidental and subordinate to an approved permitted use.

Auditoriums, conference rooms, museums, theaters, libraries and community social centers.

Mobile food vendor.

Repairing, renovating, painting and cleaning of goods, merchandise and equipment where all operations are conducted entirely within a fully enclosed building.

Retail and/or wholesale sale and/or rental of goods, merchandise and equipment, which may include storage and display outside an enclosed building. Examples of such uses include, but are not limited to, art shop, bank, beauty shop, bookstore, clothing store, drugstore, florist, laundry, theater and variety store.

   B.   Conditional Uses: The following uses are subject to the conditional use approval process outlined in chapter 17 of this title:

Any conditional use listed in the AP or C-1 zones.

Accessory uses and buildings, customarily incidental and subordinate to an approved conditional use.

Development of any parcel of land for any of the principal uses listed in subsection A of this section, if said development exceeds five thousand (5,000) square feet of total building floor area, or of any parcel of land adjacent to Buena Vista Boulevard, Telegraph Road, Washington Parkway, 300 East or Washington Fields Road, and 3650 South.

Hospital.

Hotel or motel.

Motor vehicle, trailer, camper and recreational vehicle sales agency.

State approved and operated liquor store.

Any combination of the above uses which meets all other provisions of this title.

   C.   Other: Other uses, not listed as permitted or conditional uses in other zones, that are determined by the planning commission to be compatible and in harmony with the intent of this zone, according to the designated and approved development plan. (Ord. 2004-19, 6-9-2004; amd. Ord. 2014-18, 6-25-2014; Ord. 2015-19, 6-24-2015; Ord. 2022-12, 3-9-2022)

All site design elements for the above listed conditional uses are subject to review and recommendation by the planning commission and approval of the city council, who shall apply the standards and provisions found in chapter 17 of this title, as well as the following provisions:

   A.   Objectionable Factors: All uses shall be free from objectionable odor, noise, dust, smoke, vibration or other such factors; and

   B.   Advertising Signs: All advertising signs shall comply with the provisions of chapter 18 of this title. (Ord. 2004-19, 6-9-2004)

No building or structure shall be erected to a height greater than forty-five feet (45'), unless otherwise approved by the city council. (Ord. 2004-19, 6-9-2004; amd. Ord. 2020-04, 2-12-2020)

 

 

(Ord. 2000-12B, 7-26-2000)

   A.   Side Yards: A twenty foot (20') side yard shall be required where a side yard abuts an agricultural or residential zone. Side yards abutting a street also require a twenty foot (20') side yard.

   B.   Rear Yards: A twenty foot (20') rear yard open and accessible for emergency access will be required where a rear yard abuts a residential or agricultural zone. (Ord. 94-9, 4-13-1994)

   A.   Landscaping: At least five percent (5%) of the private lot area shall be improved and maintained with landscaping. At least half of that landscaped area shall be in the form of live trees, shrubs or ground cover. A minimum ten foot (10') wide landscaped strip within the private lot area shall be installed and maintained along all street frontages. With the exception of the pedestrian and vehicular access portions of buildings, landscaping shall be installed and maintained along all building walls that face street frontages and parking lots. Where those building walls are longer than sixty feet (60'), trees shall be included in the landscaping with one tree every thirty feet (30'). The trees shall be a minimum size of fifteen (15) gallons (at least one inch in diameter) at planting. In addition to these requirements, the landscaping requirements cited elsewhere in this title shall be met, including the requirements for right of way and parking lot landscaping.

   B.   Fencing: Except in the front yard setback area, a six foot (6') high solid decorative fence or wall shall be installed and maintained along the boundary line of any agricultural or residential zone. Chainlink fencing with slats is not considered a solid fence or wall for the purposes set forth in this article. (Ord. 2004-19, 6-9-2004)

The purpose of the general commercial zone is to provide appropriate locations for the development and operation of general commercial activities where a wide range of retail and service activities may be established in locations intended to serve a regional market. (Ord. 94-9, 4-13-1994)

   A.   Permitted Uses: The following principal uses may be allowed in new or existing structures which have received site development plan approval and have obtained occupancy review and approval from the zoning administrator:

      Any permitted use listed in the AP, C-1 or C-2 zones.

      Accessory uses and buildings, customarily incidental and subordinate to an approved permitted use.

      Auction sales.

      Mail order houses, not to include warehousing.

      Manufacturing, processing, creating, repairing, renovating, painting, cleaning or assembling of goods. Examples of such uses include, but are not limited to, automobile repair shop, bottling works, lumberyard, transfer agency, electronic instruments assembly, and vehicle sales and repair shop.

      Mobile food vendor.

      Any combination of the above uses which meets all other provisions of this title.

   B.   The following uses are subject to the conditional use approval process outlined in chapter 17 of this title:

      Any conditional use listed in the AP, C-1 or C-2 zones.

      Development of any parcel of land for any of the principal uses listed in subsection A of this section, if said development exceeds five thousand square feet of total building floor area, or of any parcel of land adjacent to Buena Vista Boulevard, Telegraph Street, Washington Parkway, 300 East, Washington Fields Road or George Washington Boulevard.

      Funeral Home with or without associated Crematorium (human only) which meets all state and local regulations pertaining to crematoriums, and which also has a crematorium unit system that is less than five years old at time of application approval.

   C.   Other: Other uses, not listed as permitted or conditional uses in other zones, that are determined by the planning commission to be compatible and in harmony with the intent of this zone, according to the designated and approved development plan. (Ord. 2004-19, 6-9-2004; amd. Ord. 2014-18, 6-25-2014; Ord. 2015-19, 6-24-2015; Ord. 2023-10, 3-22-2023)

All site design elements for the above listed conditional uses are subject to review and recommendation by the planning commission and approval of the city council, who shall apply the standards and provisions found in chapter 17 of this title, as well as the following provisions:

   A.   Objectionable Factors: All uses shall be free from objectionable odor, noise, dust, smoke, vibration or other such factors; and

   B.   Advertising Signs: All advertising signs shall comply with the provisions of chapter 18 of this title. (Ord. 2004-19, 6-9-2004)

No building or structure shall be erected to a height greater than forty-five feet (45'), unless otherwise approved by the city council. (Ord. 2004-19, 6-9-2004; amd. Ord. 2020-04, 2-12-2020)

 

 

(Ord. 2000-12B, 7-26-2000)

   A.   Side Yards: A twenty foot (20') side yard shall be required where a side yard abuts an agricultural or residential zone. Side yards abutting a street require a twenty foot (20') side yard.

   B.   Rear Yards: A twenty foot (20') rear yard open and accessible for emergency access will be required where a rear yard abuts a residential or agricultural zone. (Ord. 2000-12B, 7-26-2000)

   A.   Landscaping: At least five percent (5%) of the private lot area shall be improved and maintained with landscaping. At least half of that landscaped area shall be in the form of live trees, shrubs or ground cover. A minimum ten foot (10') wide landscaped strip within the private lot area shall be installed and maintained along all street frontages. With the exception of the pedestrian and vehicular access portions of buildings, landscaping shall be installed and maintained along all building walls that face street frontages and parking lots. Where those building walls are longer than sixty feet (60'), trees shall be included in the landscaping with one tree every thirty feet (30'). The trees shall be a minimum size of fifteen (15) gallons (at least 1 inch in diameter) at planting. In addition to these requirements, the landscaping requirements cited elsewhere in this title shall be met, including the requirements for right of way and parking lot landscaping.

   B.   Fencing: Except in the front yard setback area, a six foot (6') high solid decorative fence or wall shall be installed and maintained along the boundary line of any agricultural or residential zone. Chainlink fencing with slats is not considered a solid fence or wall for the purposes set forth in this article. (Ord. 2004-19, 6-9-2004)

The purpose of the downtown mixed use zone is to provide appropriate locations for the development and operation of a variety of uses in the downtown area that will be pedestrian oriented by fronting buildings adjacent to the sidewalks and providing parking at the rear of buildings. The design for new development and the remodeling of existing development is to be of a traditional nature by utilizing the ground level of buildings for predominantly retail, restaurant and service businesses and utilizing the upper levels of buildings for predominantly professional offices and residential units with medium high densities. (Ord. 2009-14, 10-14-2009)

   A.   Permitted Uses: With the placement of predominantly retail, restaurant and service businesses on the ground level of buildings that front Telegraph Street, and the placement of predominantly professional offices and residential units, but with the allowance of retail, restaurant and service businesses as well, on the upper levels of buildings that front Telegraph Street, the following principal uses may be allowed in new or existing structures, which have received site development plan approval and have obtained occupancy review and approval from the zoning administrator. For clarification and consistency purposes, where "(PO)" is at the end of a stated use the use is classified as a professional office, where "(SB)" is at the end of a stated use the use is classified as a service business, and where "(PO/SB)" is at the end of a stated use the use is classified as both a professional office and a service business which may occupy multiple levels of a building but the most service business function of the use is to be predominantly placed on the ground level of buildings that front Telegraph Street. For buildings that front the streets perpendicular to Telegraph Street, retail, restaurant and service businesses, as well as professional offices, may occupy any level of a building. Residential units are restricted to the upper levels of buildings that front the streets perpendicular to Telegraph Street.

Accessory uses and buildings, customarily incidental and subordinate to an approved permitted use.

Administrative, executive, professional, medical and research offices (PO).

Auditoriums, conference rooms, museums, theaters, libraries and community social centers (SB).

Banking and other financial institutions (PO/SB).

General research, not involving industrial or manufacturing processes (PO).

Home occupations in conjunction with residential units.

Household pets in conjunction with residential units.

Mobile food vendor.

Parking lots for approved principal uses with the parking located at the rear of buildings.

Public buildings and offices (PO/SB).

Public parking lots and parking structures.

Public parks, playgrounds and recreation facilities.

Repairing, renovating, painting and cleaning of goods and merchandise where the goods and merchandise are permitted herein, and where all operations are conducted entirely within a fully enclosed building. Examples of such uses include, but are not limited to, pet grooming shops, shoe repair shops, tailors and watch repair shops. Examples of uses prohibited from this category include, but are not limited to, automobile repairs and services, equipment repairs and services and major appliance repairs and services (SB).

Residential units (apartments and condominiums) on the upper levels of buildings and with a density of seven (7) to twelve (12) dwelling units per acre.

Restaurants.

The retail operation of cleaning, laundry, cosmetic and repair services where the retail operation of such services is permitted herein (SB).

The retail sale and/or rental of goods and merchandise conducted wholly within an enclosed building. Examples of such uses include, but are not limited to, art shops, barbershops, beauty shops, bookstores, clothing stores, drugstores, florists, gift shops, jewelry shops, pet shops and variety stores (SB). (Ord. 2008-02, 1-9-2008; amd. Ord. 2015-19, 6-24-2015)

   B.   Conditional Uses: With the placement of predominantly retail, restaurant and service businesses on the ground level of buildings that front Telegraph Street, and the placement of predominantly professional offices and residential units, but with the allowance of retail, restaurant and service businesses as well, on the upper levels of buildings that front Telegraph Street, the following uses are subject to the conditional use approval process outlined in chapter 17 of this title. For clarification and consistency purposes, where "(PO)" is at the end of a stated use the use is classified as a professional office, where "(SB)" is at the end of a stated use the use is classified as a service business, and where "(PO/SB)" is at the end of a stated use the use is classified as both a professional office and a service business which may occupy multiple levels of a building but the most service business function of the use is to be predominantly placed on the ground level of buildings that front Telegraph Street. For buildings that front the streets perpendicular to Telegraph Street, retail, restaurant and service businesses, as well as professional offices, may occupy any level of a building. Residential units are restricted to the upper levels of buildings that front the streets perpendicular to Telegraph Street.

Bed and breakfast inns, hotels and motels (SB).

Child daycare facilities and preschool centers which meet all state and local regulations (SB).

Churches, temples and other places used exclusively for religious worship (SB).

Commercial recreation and entertainment facilities, not to include sexually oriented businesses (SB).

Educational institutions (PO/SB).

Indoor pet daycare facilities, motels and/or resorts (SB).

Medical clinics (PO/SB).

Private business and technical schools (PO/SB).

Public utility facilities.

Reception centers and/or wedding chapels (SB).

Schools (PO/SB).

Any combination of the above uses which meets all other provisions of this article.

   C.   Other: Other uses, not listed as permitted or conditional uses in other zones, which are determined by the planning commission to be in harmony with the character and intent of this zone. (Ord. 2008-02, 1-9-2008)

   A.   Downtown Mixed Use Design Guidelines: The design of all new development and the external expansion of existing development, not including the internal expansion of existing uses, including nonconforming uses but only if allowed under chapter 15 of this title, are subject to the Washington City downtown mixed use design guidelines. To get a basic idea of what the design guidelines entail, a very small sample of them are described below to help in the development planning process:

      1.   Two-Story Appearance For Single-Story Building: Where a single-story building is to be developed it shall be designed to have a two-story appearance from all views. This will prevent three-story buildings from overpowering the single-story buildings and will provide no more than one-story transition between buildings.

      2.   Uses Assigned To Levels In A Building: Retail, restaurant and service businesses are to be placed on the ground level of buildings that front Telegraph Street, and professional offices and residential units are to be placed on the upper levels of buildings that front Telegraph Street. For buildings that front the streets perpendicular to Telegraph Street, retail, restaurant and service businesses, as well as professional offices, may occupy any level of a building. Residential units are restricted to the upper levels of buildings that front the streets perpendicular to Telegraph Street.

      3.   Sidewalk In Front Yard Setback: In addition to the public right of way sidewalk, a minimum five foot (5') wide sidewalk shall be installed within the front yard setback adjacent to the public right of way.

      4.   Parking: All on site parking shall be at the rear of the building(s) as viewed from the street upon which the building fronts, but in any event, always as viewed from Telegraph Street. Parking areas shall be provided for motorcycles and bicycles. Except for parking spaces reserved for the disabled, parking spaces shall not be reserved nor be advertised as parking for a particular building, business, tenant or use.

      5.   Reciprocal Access Drives: Reciprocal access drives are required to link adjacent properties from the side streets perpendicular to Telegraph Street. This will provide access to all properties within a block while avoiding the need for driveways on Telegraph Street.

      6.   Prohibition Of Exterior Vending Machines And Newspaper Racks: Exterior vending machines and newspaper racks are prohibited in the DM zone. (Ord. 2009-14, 10-14-2009)

No building or structure shall be erected to a height greater than three (3) stories or fifty feet (50') unless otherwise approved with a conditional use permit. (Ord. 2008-02, 1-9-2008)

 

 

Notes:

   1.    Although a 0 foot setback is allowed along interior side yards, any easement, utility line or drainageway must be recognized and dealt with accordingly, and building construction shall conform to the city's adopted building codes.

   2.    Since all on site parking is to be at the rear of buildings, 45 feet is the minimum distance required for 1 row of parking spaces and 1 drive aisle. Additional rows of parking spaces and additional drive aisles may be required due to the size of a building and its proposed uses.

(Ord. 2009-14, 10-14-2009)

   A.   Encroachments Into Front And Street Side Yard Setbacks: Awnings, canopies and similar shade structures, and balconies on the upper levels of buildings, may project over the entire front and street side yard setbacks and over the public right of way a maximum of two feet (2'). Any proposed ground support for such structures shall meet the required setbacks of five feet (5'), they shall not interfere with any overhead infrastructure (utility lines and poles, lights, etc.) and clearance under the structures shall be as approved by the city. Tables and chairs in conjunction with restaurants may also encroach into the front and street side yard setbacks up to the public right of way. (Ord. 2008-02, 1-9-2008)

   B.   Outdoor Events And Display: Periodically the city may authorize outdoor events and the outdoor display of merchandise in the DM zone. Outdoor events may include vendors and event booths provided that the vendors and booths do not encroach into the public right of way, do not interfere with pedestrian access, and that the proper permits for the vendors and booths are issued by the city. Any outdoor display of merchandise shall only be allowed during periods of time authorized by the city, and shall not interfere with pedestrian access. All merchandise shall be adjacent to the building wall that houses the merchandise being displayed and the display area shall not exceed a distance of four feet (4') from the building wall. (Ord. 2009-14, 10-14-2009)

   C.   On Site Parking Reduction Options: Options are available for a reduction in on site parking spaces, provided that the number of parking spaces required for the development is satisfied by utilizing the options. These options are specified in section 9-16-13 of this title. (Ord. 2008-02, 1-9-2008)

   A.   Landscaping: Landscaping requirements are as cited in the downtown mixed use design guidelines.

   B.   Walls: Except in the front or street side yard setback areas, a maximum six foot (6') high decorative block wall shall be installed and maintained along the boundary line of any residential zone. The intent is to construct a wall as low as possible while still performing screening, noise attenuation and security functions. Where sight distance is needed for exiting a site, the wall shall be lowered to meet the sight distance requirement. The wall design and landscaping in conjunction with the wall shall be as cited in the downtown mixed use design guidelines. (Ord. 2009-14, 10-14-2009)

Washington City's Planned Unit Development - Commercial/Industrial (PUD-C) Zones have been established to encourage creative and efficient planning and development of land within our community by providing greater flexibility in the placement of buildings and structures on the land, the consolidation and preservation of community-valued view corridors, and the clustering of commercial units. Proposed developments should be designed to maximize the integration of improvements into the natural and proposed landscape, thereby minimizing the visual impact on both view corridors/viewsheds as well as from property to property within the community. These PUD provisions are intended to create more attractive and desirable environments within the commercial areas of the City. (Ord. 2018-03, 1-10-2018)

   A.   Application For Zone Change: Any person desiring to develop property under the provisions of this article shall first file an application for a zone change on the standard form provided by the City.

   B.   Conceptual Plan: The zone change application shall include a conceptual plan, and supporting text materials which describe the proposed land uses, density and the proposal’s relationship to the City general plan, as well as elevations of proposed buildings within the development. Though the City strongly encourages conceptual plans be approved at the time of zoning approval, the applicant may request to defer the conceptual plan design approval to a later date. Deferred conceptual plans will have a time limitation of eighteen (18) months. Approval process for deferred conceptual plans will be required to follow subsections C, D and E of this section.

   C.   Public Hearing By Planning Commission, With Review And Recommendation: The Planning Commission shall review the conceptual plan, supporting text materials and staff comments for compliance with applicable general plan policies. The Planning Commission shall also make recommendations concerning the zone change request which will be forwarded to the City Council.

   D.   Public Meeting by City Council: The City Council will receive the recommendations of the Planning Commission and schedule and schedule a public meeting to consider official action on the zone change request.

   E.   Decision Of City Council: The City Council may approve, modify and approve, or deny the zone change request. (Ord. 2018-03, 1-10-2018; amd. Ord. 2022-55, 10-12-2022)

Church.

General commercial business of a retail trade nature, including office and professional use.

Industrial (as outlined in chapter 11 of this title).

Residential (in mixed use commercial developments).

Any combination of the above uses, or other uses that may be determined by the Planning Commission to be compatible and in harmony with each other according to the designated and approved development. (Ord. 2018-03, 1-10-2018)

   A.   Application And Plan: The applicant will submit an application for a zone change on the standard zone change application form of the City, along with a site development plan, as outlined in section 9-10E-5 of this article, for a Planned Unit Development - Commercial/Industrial Zone change.

   B.   Planning Staff Review: Prior to the review of the development plan and text by the Planning Commission, the applicant shall pre-file the proposed request with the planning staff for review. The planning staff shall contact interested department personnel of the City or other agencies for review purposes. The staff shall furnish to the applicant any comments regarding the zone change request that may help the applicant in preparing the request for submission. Staff shall hold such meetings with the applicant as are deemed necessary for proper review.

   C.   Development Plan: All requests shall be accompanied by a colored site development plan and written text for the entire property proposed to be developed. For multiple commercial projects approved by the City Council, the applicant shall proceed to prepare and submit a preliminary plat, followed by a final plat as set forth in the Subdivision Ordinance, and all improvement design standards set forth in the Subdivision Ordinance shall be followed, where applicable, in submitting an application.

   D.   Ownership: A planned unit development shall be in single or corporate ownership at the time of application, or the subject of an application filed jointly by all owners of the property. (Ord. 2018-03, 1-10-2018)

   A.   Use Of Land: The applicant shall prepare a site plan and written text that show and clearly explain the projected use of land including percentages of land devoted to various types of land use, such as building coverage, parking area, landscaped area, etc.

   B.   Buildings: The text shall indicate the type, character and proposed height of all buildings. The plot plan, elevations and perspective drawings shall be prepared by the applicant to help the Planning Commission and City Council better understand the proposal.

   C.   Phasing Plan: A phasing plan, if the development is proposed to be developed in phases, shall be submitted.

   D.   Topography: Topography at contour intervals of two feet (2') shall be submitted unless waived by the planning staff.

   E.   Landscape Plan: A landscape plan showing the general location of lawn area, shrubs, trees and fencing shall be submitted. (This may be part of the site or plot plan.)

   F.   Utilities Underground: All utilities shall be underground unless otherwise approved by the Planning Commission. Transformer equipment shall be screened from the streets and from adjacent properties.

   G.   Refuse Storage Areas: Refuse storage areas shall be screened so that materials stored within these areas shall not be visible from access streets, freeways and adjacent properties. Storage or refuse areas shall not be located within required building setbacks nor within utility easements.

   H.   Lighting Plan: The plans submitted shall include a general lighting plan indicating location of lights to be installed on site.

   I.   Turning Spaces: Safe and convenient turning space shall be provided for cars, sewer vehicles, refuse collection vehicles, fire-fighting equipment, etc., at the end of private drives and dead end streets.

   J.   Traffic Conditions: The effect of the development on traffic conditions on abutting streets shall be shown.

   K.   Layout: The layout of the site with respect to locations and dimensions of vehicular and pedestrian entrances, exits, drives and walkways.

   L.   Truck Facilities: The location, arrangement and dimensions of truck loading and unloading facilities.

   M.   Off Street Parking: The arrangement and adequacy of off street parking facilities.

   N.   Surfacing, Lighting Of Parking Facilities: The surfacing and lighting of off street parking facilities.

   O.   Circulation Patterns: The circulation patterns within the boundaries of the development.

   P.   Planning Objectives: The text material shall set forth planning objectives to be accomplished through the development of the project, and show that the requested PUD zoning is in conformance with the City general plan and complies with the requested zoning designation.

   Q.   Improvements: Location, grades, widths, and type of all improvements proposed for all streets.

   R.   Line Locations: A plan showing the location of all water, sewer and drainage lines in and through the project.

   S.   Deed Restrictions; Covenants: Copies of any deed restrictions, restrictive covenants, bylaws, architectural controls or other requirements that may be appurtenant to the proposed development.

   T.   Signage: The size, location, design and nature of signs, if any, and the intensity and direction of area flood-lighting shall be detailed in the text materials.

   U.   Grading And Drainage Plan: A grading and drainage plan shall be submitted with the site development plan.

   V.   Geotechnical Report: A geotechnical report identifying any possible flood, slope, faulting, soils or other related hazards on the site shall be submitted with the application.

   W.   Necessity: The proposed use of the particular location shall be shown as necessary or desirable and that such use will provide a service or facility which will contribute to the general well being of the neighborhood and the community.

   X.   Proposed Use Not Detrimental: It shall be shown that under the circumstances of the particular case, the proposed use will not be detrimental to the health, safety or general welfare of the persons residing in the vicinity of the planned unit development. (Ord. 2018-03, 1-10-2018)

   A.   Building Coverage: The land coverage by all buildings shall not exceed fifty percent (50%) of the net lot or parcel acreage.

   B.   Setbacks: The setbacks for all planned unit developments - commercial/industrial will be as follows, unless an approved setback alternative plan is granted by the Planning Commission and City Council:

      1.   Front Yard: Front yard setbacks shall be a minimum of twenty five feet (25') for commercial developments or twenty feet (20') for industrial developments. The street side of corner lots, shall be the same as the front yard setback.

      2.   Side Yard: Interior side yard setbacks shall be a minimum of ten feet (10') with the following exceptions:

         a.   No setback shall be required between a Planned Unit Development Zone and adjacent Commercial or Industrial Zone, unless setbacks are specifically required by the Planning Commission or Building Codes.

         b.   No setback is required between adjacent PUD commercial/industrial buildings located in the Planned Unit Development Zone, unless required by the Building Codes.

         c.   The interior side yard setback shall be increased to twenty feet (20') for buildings adjacent to a Residential Zone.

         d.   The street side of corner lots, shall be the same as the front yard setback.

      3.   Rear Yard: Ten feet (10') for commercial developments and zero feet (0') for industrial developments, unless a different setback is required by the Planning Commission or Building Codes. When a rear yard is adjacent to a Residential Zone, the setback will be increased to twenty feet (20') in Commercial Zones, and thirty feet (30') in an Industrial Zone.

   C.   Parking Requirements: The requirements of chapter 16 of this title shall apply.

   D.   Signs And Advertising: The requirements of chapter 18 of this title shall apply. The Planning Commission may approve an overall sign scheme for the project which may exceed the restrictions contained in chapter 18 of this title. Off premises signs shall not be allowed in a PUD.

   E.   Height Restrictions: No building shall be erected to a height greater than thirty five feet (35') unless specifically approved as part of the zone change approval.

   F.   Fences: The requirements of chapter 14 of this title shall apply.

   G.   Landscape Requirement:

      1.   For commercial developments, the entire area between the curb and the setback line shall be landscaped. This may consist of any combination of plant material along with necessary walks, ingress/egress drives and other appurtenances necessary for the development of the property. Where it otherwise creates a hardship, the City Council, upon recommendation from the Planning Commission, may allow adjustments in the landscape setback area for driveway lanes and uncovered parking spaces; provided, that any reduction in one area shall be made up by additional landscaping provided in another area adjacent to the road right- of-way, so there is no overall reduction in required landscaped area. For commercial developments, there shall be a ten foot (10') wide landscaped area on the private lot adjacent to all public streets.

      2.   Landscape plans shall make provisions for erosion control on all graded sites which will remain vacant after construction is completed.

      3.   Landscape plans shall indicate methods of watering, plant types and materials to be used.

   H.   Outside Storage: There shall be no outside storage of materials used in sales or in business operations. All businesses shall be completely enclosed within these zones.

   I.   Maintenance: All structures, permitted signs, parking area, landscaping, etc., shall be maintained in a neat, clean and orderly manner. All refuse shall be collected from outdoor areas on a regular basis to prevent said materials from being blown onto adjacent property.

   J.   Uses Permitted: The City Council, upon recommendation from the Planning Commission, may designate any Planned Unit Development Commercial Zone as permitting certain of those uses allowed in the C-1, C-2 or C-3 Zones, and any Planned Unit Development Industrial Zones as permitting certain of those uses allowed in the I-1, I-2 or BP Zones, and only that specific type or types of business are to be permitted in the zone.

   K.   Protection Of Residential Property: Where a planned unit development - commercial/industrial development adjoins any lot or parcel of ground in any Residential Zone, there shall be provided along the adjoining property line a solid masonry wall six feet (6') minimum in height and a planting strip ten feet (10') minimum in width. For buildings and structures over fifteen feet (15') in height an additional setback shall have a one to one (1:1) ratio; in other words, each additional foot in height requires an additional one foot (1') setback from the property line. The landscape requirements shall be determined by the City Planning Department to make sure the buffer area adequately protects the adjoining residential property. (Ord. 2018-03, 1-10-2018)

The following provisions apply for projects which combine commercial and residential uses within the same building. Projects which combine residential and commercial uses within the same project but in distinct separate areas or separate buildings are subject to the provisions in sections 9-8F-6, 9-8F-7 and 9-8F-8 of this title and section 9-10E-6 of this article as applicable.

   A.   Land Coverage: For mixed use projects, building coverage may exceed fifty percent (50%) of the lot or parcel acreage provided that a minimum of twenty five percent (25%) of the lot or parcel area is maintained in landscaped area.

   B.   Density: Density shall conform to the limitations set forth in the general plan land use map. Areas designated as commercial on the land use map shall be considered as high density residential.

   C.   Building Setbacks: Buildings shall front the public street (or principal street in the case of private streets) unless an exception to this requirement is granted by the City Council upon recommendation of the Planning Commission.

      1.   Front Yard: Front yard setbacks shall be a minimum of twenty feet (20'). The street side of corner lots, shall be the same as the front yard setback.

      2.   Side And Rear Setbacks: Side and rear setbacks on interior lot lines shall be a minimum of ten feet (10') for all dwellings.

      3.   Group Dwellings: In group dwellings, no two (2) buildings may be located closer together than ten feet (10') for one-story buildings, fifteen feet (15') for two-story buildings, and twenty feet (20') for approved three-story (or more) buildings.

      4.   Two-Story Buildings: For two-story (or more) buildings, the side and rear setbacks shall be at least twenty five feet (25') along the boundary of a Single-Family Zone, and twenty feet (20') along the boundary of other zones. An additional ten feet (10') shall be added to the setback for each additional story over two (2) stories.

   D.   Building Height: Building height for mixed use buildings shall not exceed forty two feet (42') unless a greater height is approved as part of the Planned Development Zone approval.

   E.   Landscape Requirements:

      1.   For commercial developments, the entire area between the curb and the setback line shall be landscaped. This may consist of any combination of plant material along with necessary walks, ingress/egress drives and other appurtenances necessary for the development of the property. Where it otherwise creates a hardship, the City Council, upon recommendation from the Planning Commission, may allow adjustments in the landscape setback area for driveway lanes and uncovered parking spaces; provided, that any reduction in one area shall be made up by additional landscaping provided in another area adjacent to the road right- of-way, so there is no overall reduction in required landscaped area. For commercial developments, there shall be a ten foot (10') wide landscaped area on the private lot adjacent to all public streets.

      2.   Landscape plans shall make provisions for erosion control on all graded sites which will remain vacant after construction is completed.

      3.   Landscape plans shall indicate methods of watering, plant types and materials to be used.

   F.   Ground Floor Uses: The ground floor uses shall consist of office, retail, restaurant or a combination of such uses, as approved by the City Council as part of the Planned Unit Development Zone approval.

   G.   Upper Floors: Floor area above the ground floor area shall be used for residential dwellings, unless otherwise approved by the City Council after considering the recommendation of the Planning Commission.

   H.   Mixed Use: Mixed use developments are not intended for small parcels unless adjacent to an existing mixed use development. Therefore, the minimum lot or parcel size for a mixed use development is five (5) acres. An exception may be approved by the City Council where the Council determines that a proposed mixed use development on less than five (5) acres is compatible with and integrates into the surrounding area in a harmonious manner. Further, mixed use developments combining both commercial and residential uses within the same building are generally intended to be part of a larger commercial project. (Ord. 2018-03, 1-10-2018)

   A.   Public Meeting by City Council: Subsequent to review and recommendation by the Planning Commission, the proposed Planned Unit Development Zone change request shall be forwarded to the City Council for a public meeting to consider official action on the zone change.

   B.   Recommendation Of Planning Commission: The Planning Commission shall forward any recommendations for approval, disapproval or modification of the planned unit development request as reviewed by them to the City Council to be considered as a part of the zone change hearing.

   C.   Advertising And Procedure: The zone change request shall be advertised and heard according to the same requirements as any other zone change request submitted to the City Council.

   D.   Conditions Of Approval: The City Council may approve a Planned Unit Development Zone change request only after finding that the requirements of this title and any other ordinances or restrictions affecting the property have been satisfied. In granting such approval, the City Council may impose and enforce such specific conditions as to development, phasing and building construction or maintenance and operation as it deems necessary to protect the health, safety and welfare of the residents of the City.

   E.   Compliance With Approved Plan: All development within the Planned Unit Development Zone shall comply with the development plan as approved and adopted by the City Council.

   F.   Filing Of Plan And Materials: The development plan and supplementary text materials, after adoption, shall be filed in the offices of the City, and all development within the zone shall comply therewith, unless the development plan and supplementary materials are amended as prescribed herein.

   G.   Final Subdivision Plat: A final subdivision plat as described in the Subdivision Ordinance in effect at the time of application shall be submitted for a recommendation of approval or disapproval to the Planning Commission, who shall forward their recommendation to the City Council for final plat approval as outlined elsewhere in this title.

   H.   Other Applicable Provisions: All other applicable provisions of this title shall apply, i.e., mobile home or recreational vehicle requirements for mobile or recreational vehicle developments, etc.

   I.   Time Limitations: Building permits for construction within Planned Unit Development - Commercial/Industrial Zones must be obtained within eighteen (18) months of the approval of a zone change to planned unit development - commercial/industrial. If eighteen (18) months elapsed without the issuance of building permits for the construction of the approved plans within the Planned Unit Development Zone, all conceptual and preliminary plan approvals shall be deemed null and void, unless an extension is granted. The applicant shall request an extension on an approved development plan prior to the expiration of the eighteen (18) month time limit. The Community Development Director may approve a six (6) month extension on an approved development plan. In the case that a second six (6) month extension is needed, the applicant shall request a second extension on the approved development plan prior to the expiration of the first six (6) month extension time limit. The City Council will approve or deny the requested second extension on the development plan. In the case that an approved development plan does expire, the zoning of the property shall remain planned unit development, but no construction will be allowed on the property until a new development plan is submitted and approved by the Planning Commission and the City Council as outlined in section 9-8F-2 of this title. (Ord. 2018-03, 1-10-2018; amd. Ord. 2022-55, 10-12-2022)

Any amendments to the development plan shall be accomplished in the same manner as any other amendment to this title. Revised text and/or plan shall be submitted, along with a zone change request, to the Planning Commission and shall be reviewed in the same manner as the initial zone change request. The plan, as approved by the City Council, constitutes the zone, and any significant change in the plan shall be processed as an amendment to the zone. (Ord. 2018-03, 1-10-2018)

   A.   Required: Following the approval of the Planned Unit Development - Commercial/Industrial Zone change and upon request for issuance of any building permit therein, the developer and contractor and the planning staff shall meet together to review the requirements of the zone change and to make sure that the developer and contractor are aware of the conditions under which the zone change was granted.

   B.   Plans Stamped And Signed: At the plan review conferences, the plans will be stamped and signed by the staff, developer and contractor as the official set of construction plans from which the work will be performed.

   C.   Changes or Modifications: Any changes or modifications to the approved plan for development during the period of construction shall first be re-submitted to the planning staff for approval and if deemed significant and at the discretion of the staff, returned to the Planning Commission for their review and recommendations and to the City Council public meeting to consider official action to amend the zone as provided for in section 9-10E-9 of this article. (Ord. 2018-03, 1-10-2018; amd. Ord. 2022-55, 10-12-2022)