Churches and temples.

Community meeting or recreation building.

Elementary or secondary school.

Park, playground or playfield.

Single-family dwellings. (1975 Code § 10-4-1)

Private garages.

Private greenhouses not operated for commercial purposes.

Private swimming pools.

Satellite antennas.

Temporary buildings used in conjunction with construction work; provided, that such buildings are removed promptly upon completion of the construction work.

Uses and structures clearly incidental and necessary to the permitted principal uses or structures of this District not involving the conduct of business on the premises, except home occupations not employing any person outside the immediate family, and located on the same or a contiguous lot under the same ownership. (1975 Code § 10-4-2; amd. Ord. 6-85, 9-17-1985)

Subject to Section 10-3-3 of this Code and the other requirements contained in this Title, the Board of Adjustment may permit the following:

Hospitals, sanitariums, rest, nursing and convalescent homes, homes for orphans and aged on sites of one acre or more; off-street parking and yards comparable for other institutional uses of this Title to be provided.

Public housing developments.

Railroads and public utilities but not including equipment storage or maintenance yards and buildings or general administrative and sales offices; provided, that any substation or building shall meet the front and rear yard requirements for dwellings and shall provide side yards of not less than twenty five feet (25') and that two (2) parking spaces per substation or one per employee on the site shall be provided.

Swimming pools, golf course and country clubs, except miniature courses or driving ranges operated for a profit. (1975 Code § 10-4-3)

 

 

(1975 Code § 10-4-4)

   A.   Area: Nine thousand six hundred (9,600) square feet.

   B.   Width: Eighty feet (80').

   C.   Lot Not Served By Water and Sewer Service: Where a lot is not served by a public water and/or sanitary sewer system, the minimum lot area shall not be less than twenty thousand (20,000) square feet and the width not less than one hundred twenty five feet (125'). (1975 Code § 10-4-5)

   A.   Dwellings and other noninstitutional uses:

 

 

   (1975 Code § 10-4-6; amd. Ord. 5-87, 6-16-1987)

B.   Schools, churches or other public institutional buildings:

 

 

      (1975 Code § 10-4-6)

The maximum height of buildings and structures in this District shall be two and one-half (21/2) stories or thirty five feet (35'). (1975 Code § 10-4-7)

The minimum floor area in this District shall be:

 

 

(1975 Code § 10-4-8)

   A.   Nameplates attached flat against the wall of the main building not to exceed one square foot in area.

   B.   Church or public bulletin boards not to exceed twelve (12) square feet in area.

   C.   Temporary signs advertising the lease or sale of the premises not to exceed six (6) square feet in area.

   D.   Illumination of signs, bulletin boards and nameplates shall not exceed sixty (60) watts and shall be lighted only with indirect, nonintermittent lighting.

   E.   Signs and bulletin boards shall be at least twenty feet (20') from the front lot line or not more than five feet (5') in front of the main building.

   F.   All signs shall be maintained in a neat and presentable condition and in the event their use shall cease, they shall be promptly removed and the surrounding area restored to a condition free from refuse and rubbish.

   G.   Any sign not conforming to the provisions of this Title shall be made to conform or be removed. (1975 Code § 10-4-9)

Churches and temples.

Community meeting or recreation building.

Elementary or secondary school.

Medical offices or clinics of physicians, surgeons, osteopathic physicians, chiropractors, psychiatrists, psychologists, optometrists, dentists and dental hygienists.

Multiple-family dwellings.

Park, playground or playfield.

Private kindergartens and day nurseries.

Public housing developments.

Single-family dwellings.

Two-family dwelling. (1975 Code § 10-5-1; amd. Ord. 8-76, 8-17-1976)

Private garages.

Private greenhouses not operated for commercial purposes.

Private swimming pools.

Satellite antennas.

Temporary buildings used in conjunction with construction work; provided, that such buildings are removed promptly upon completion of the construction work.

Uses and structures clearly incidental and accessory to the permitted principal uses or structures of this District not involving the conduct of business on the premises, except home occupations, and located on the same contiguous lot under the same ownership. (1975 Code § 10-5-2; amd. Ord. 6-85, 9-17-1985)

Subject to Section 10-3-3 of this Code and the other requirements contained in this Title, the Board of Adjustment may permit the following:

Hospitals, sanitariums, rest, nursing and convalescent homes, homes for orphan and aged on sites of one acre or more; off-street parking and yards comparable for other institutional uses of this Title may be provided.

Mobile home park; provided, that the installation complies with Iowa Code chapter 135D, as amended; has a water supply and sanitary sewage collection and treatment system approved by the State Board of Health; has a minimum area of three thousand five hundred (3,500) square feet for each mobile home space; has a maximum density of ten (10) units per acre; provides at least ten (10) parking spaces plus one parking space on each mobile home site, and that no mobile home shall be closer than twenty five feet (25') to any property line of the mobile home park.

Railroads and public utilities but not including equipment storage or maintenance yards and buildings or general administrative and sales offices; provided, that any substation or building shall meet the front and rear yard requirements for dwellings and shall provide side yards of not less than twenty five feet (25') and that two (2) parking spaces per substation or one per employee on the site be provided. (1975 Code § 10-5-3)

 

(1975 Code § 10-5-4)

   A.   Single-Family Dwelling:

      1.   Area: Eight thousand four hundred (8,400) square feet.

      2.   Width: Seventy feet (70').

   B.   Two-Family Dwelling:

      1.   Area: Nine thousand six hundred (9,600) square feet.

      2.   Width: Eighty feet (80').

   C.   Multi-Family Dwelling:

      1.   Area: Seven thousand two hundred (7,200) square feet for the first unit plus one thousand five hundred (1,500) square feet for each additional unit up to twelve (12) and seven hundred fifty (750) square feet for each additional unit over twelve (12).

      2.   Width: Eighty feet (80'). (1975 Code § 10-5-5; amd. 1977)

   A.   Dwellings and other noninstitutional uses:

 

 

   (1975 Code § 10-5-6; amd. Ord. 5-87, 6-16-87)

B.   Schools, churches or other public institutional buildings:

 

 

(1975 Code § 10-5-6)

The maximum height of buildings and structures in this District shall be two and one-half (21/2) stories or thirty five feet (35'). (1975 Code § 10-5-7)

The minimum floor area of this District shall be as follows:

 

 

(1975 Code § 10-5-8)

   A.   Nameplates attached flat against the wall of the main building not to exceed three (3) square feet in area.

   B.   Church or public bulletin board not to exceed twelve (12) square feet in area.

   C.   Temporary signs advertising the lease or sale of the premises not to exceed six (6) square feet in area.

   D.   Illumination of signs, bulletin boards and nameplates shall not exceed sixty (60) watts and shall be lighted only with indirect, nonintermittent lighting.

   E.   Signs and bulletin boards shall be at least twenty feet (20') from the front lot line or not more than five feet (5') in front of the main building.

   F.   All signs shall be maintained in a neat and presentable condition and in the event their use shall cease, they shall be promptly removed and the surrounding area restored to a condition free from refuse and rubbish.

   G.   Any sign not conforming to the provisions of this Title shall be made to conform or be removed. (1975 Code § 10-5-9)

Churches and temples.

Community meeting or recreation building.

Elementary or secondary school.

Funeral parlors.

Hospitals and sanitariums, homes for orphans and aged on sites of one acre or more.

Medical offices or clinics of physicians, surgeons, osteopathic physicians, chiropractors, psychiatrists, psychologists, optometrists, dentists and dental hygienists.

Multiple-family dwellings.

Nursing, rest and convalescent homes.

Parks, playgrounds or playfields.

Private kindergarten or day nurseries.

Public housing developments.

Public library.

Public utilities operations and administrative buildings, provided said building is designed to be compatible with adjacent residential structures.

Rooming and boarding houses.

Single-family dwellings.

Two-family dwellings. (1975 Code § 10-6-1; amd. Ord. 8-76, 8-17-1976; Ord. 2-82, 4-1982)

Private garages.

Private greenhouses not operated for commercial purposes.

Private swimming pools.

Satellite antennas.

Temporary buildings used in conjunction with construction work; provided, that such buildings are removed promptly upon completion of the construction work.

Uses and structures clearly incidental and necessary to the permitted principal uses or structures of this District not involving the conduct of business on the premises, except home occupations, and located on the same lot or a contiguous lot under the same ownership. (1975 Code § 10-6-2; amd. Ord. 6-85, 9-17-1985)

Subject to the provisions of Section 10-3-3 of this Title and the other requirements contained in this Title, the Board of Adjustment may permit the following:

Mobile home park; provided, that the installation complies with Iowa Code chapter 135D, as amended; has a water supply and sanitary sewage collection and treatment system approved by the State Board of Health; has a minimum area of three thousand five hundred (3,500) square feet for each mobile home space; has a maximum density of ten (10) units per acre; provides at least ten (10) parking spaces plus one parking space on each mobile home site, and that no mobile home shall be closer than twenty five feet (25') to any property line of the mobile home park.

Public utilities, but not including equipment storage or maintenance yards and buildings or general administrative and sales offices; provided, that any substation or building shall meet the front and rear yard requirements for dwellings and shall provide side yards of not less than twenty five feet (25') and that two (2) parking spaces per substation or one employee on the site be provided.

Railroads. (1975 Code § 10-6-3)

   A.   The following minimum off-street parking requirements shall be met by any new structure or by any new use of an existing structure which commences after the enactment of this Section.

   B.   For purposes of this Section, uses within this District which do not comply with the minimum off-street parking requirements as of the date of the adoption of this Section shall be allowed to continue; provided, that after the adoption of these minimum off-street parking requirements, those existing uses which do not comply will be nonconforming as to the total use of the structure, not just as to the parking requirement. The continued nonconforming uses of the premises and the structures thereon shall be subject to all of the restrictions set forth in Chapter 9 of this Title, "Nonconforming Uses and Structures". Otherwise all nonconformities shall become conforming within two (2) years of notice of violation.

 

(Ord. 1-93, 1-5-1993; amd. Ord. 1-95, 3-21-1995)

   A.   Single-Family Dwelling:

      1.   Area: Seven thousand two hundred (7,200) square feet.

      2.   Width: Sixty feet (60').

   B.   Two-Family Dwelling:

      1.   Area: Eight thousand four hundred (8,400) square feet.

      2.   Width: Seventy feet (70').

   C.   Multi-Family Dwelling:

      1.   Area: Six thousand (6,000) square feet for the first unit plus one thousand five hundred (1,500) square feet for each additional unit up to twelve (12) and seven hundred fifty (750) square feet for each additional unit over twelve (12).

      2.   Width: Eighty feet (80'). (1975 Code § 10-6-5)

   A.   Dwellings and other noninstitutional buildings:

 

 

   (1975 Code § 10-6-6; amd. Ord. 5-87, 6-16-1987)

B.   Schools, churches or other public or institutional buildings:

 

 

   (1975 Code § 10-6-6)

The maximum height of buildings and structures in this District shall be four (4) stories or fifty feet (50'). (1975 Code § 10-6-7)

The minimum floor area shall be as follows:

 

 

(1975 Code § 10-6-8)

   A.   Nameplates attached flat against the wall of the main building not to exceed three (3) square feet in area.

   B.   Church or public bulletin board not to exceed twelve (12) square feet in area.

   C.   Temporary signs advertising the lease or sale of the premises not to exceed six (6) square feet in area.

   D.   Illumination of signs, bulletin boards and nameplates shall not exceed sixty (60) watts and shall be lighted only with indirect, nonintermittent lighting.

   E.   Signs and bulletin boards shall be at least twenty feet (20') from the front lot line or not more than five feet (5') in front of the main building.

   F.   All signs shall be maintained in a neat and presentable condition and in the event their use shall cease, they shall be promptly removed and the surrounding area restored to a condition free from refuse and rubbish.

   G.   Any sign not conforming to the provisions of this Title shall be made to conform or be removed. (1975 Code § 10-6-9)

The R-L District is intended to provide the developer of land in the City the opportunity to creatively, economically, and aesthetically develop the property based upon a comprehensive plan for its development. It is the purpose of this Chapter to encourage flexibility in the design and development of land in order to promote its most appropriate use, to facilitate the adequate and economic provision of streets and utilities, and to preserve the natural and scenic qualities of open areas. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

   A.   The R-L District may be applied anywhere in the City; provided, that the objectives and provisions of this Chapter are satisfied and that the planned development is consistent with the spirit and intent of the City's Comprehensive Plan.

   B.   Any planned development in which apartments, condominiums, or townhouses are proposed, or in which a mixture of apartment, condominium townhouse, single- and/or two-family housing types are proposed, and for which development of at least five (5) acres is proposed, shall conform to the requirements set forth herein. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

The following chart shall be used to determine the residential density range to be permitted within the R-L District:

 

 

   A.   Combination Of Residential Types: Where a proposed R-L development is a combination of different residential types, the Planning and Zoning Commission shall evaluate the planned development's density range based upon the relative proportion of residential types proposed. If single- or two-family houses are proposed, each house must have a minimum lot area of seven thousand (7,000) square feet; this may consist of direct ownership and/or common interest in real estate within the development.

   B.   Single And Multi-Stories:

      1.   Single story one thousand two hundred (1,200) square foot artificially climatically controlled, excluding garages.

      2.   Multi-story one thousand two hundred (1,200) square foot main level artificially climatically controlled, excluding garages. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

Customary accessory or associated uses, such as private garages, storage spaces, recreational, and community facilities.

Parks or playgrounds.

Single-family, two-family, townhouse, condominiums, and multiple- family residential.

Additional uses shall be allowed only to the extent that the Planning and Zoning Commission find them to be:

   A.   Designed to serve primarily the residents of the R-L District.

   B.   Compatibly and harmoniously incorporated into the unitary design of the development.

   C.   Compatibly and harmoniously related to adjacent neighborhood uses. Such additional uses may include:

      Daycare center.

      Golf course, tennis courts, swimming pool, or other sports facilities.

      Institution.

      Nursery, rest, or convalescent home.

      Place of worship.

      Public or private school.

      Public or semipublic facility. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

The minimum parking spaces are as follows:

 

(Ord. 3-97, 11-3-1997; amd. 1998 Code)

A minimum of twenty five percent (25%) of the R-L site area shall be developed as open space, including walkways, plazas, landscaped areas, pools, fountains, and playgrounds. Parking areas and vehicle access facilities shall not be considered in calculating open space. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

   A.   Recommendations; Deed Restrictions: The Planning and Zoning Commission may recommend, and the City Council may impose, conditions regarding the layout, circulation, performance, preservation, care, and maintenance of the proposed development and may require that appropriate deed restrictions be filed, enforceable by the City for a period of twenty (20) years from the date of filing.

   B.   Required Improvements; Bond Or Security: Upon recommendation of the Planning and Zoning Commission, the City Council may require the developer to file a bond or security to secure the City for the actual construction and installation to specifications determined by, or in accordance with, the regulation of the City Council.

      1.   Street Improvements: Streets shall be filled or excavated to the grade approved by the City and set by the City Engineer. All streets shall be graded the full platted width, and pavement shall be constructed of seven inch (7") Portland cement concrete pavement.

      2.   Sewers:

         a.   The developer shall make adequate provision for disposal of sanitary sewage from the proposed development. He shall, at his expense, construct a sanitary sewer system, including all necessary pumping stations, manholes, and other necessary appurtenances, to provide for the discharge of sanitary sewage from all lots or parcels of land within the proposed development with an existing City sanitary sewer, such sewage system to be designed and constructed in accordance with the standards and specifications of the City. Design and construction of the sewage system and sewer grades must be approved by, and shall be under the supervision and inspection of, the City Engineer and the Superintendent of Water Pollution Control. The developer may be required to pay a reasonable charge for such engineering and inspection service.

         b.   Storm Sewers: Storm drainage structures shall be constructed where needed as determined by the City Engineer and the Superintendent of Water Pollution Control. Minimum size of all storm sewers shall be twelve inch (12") Class III or equivalent reinforced concrete pipe.

         c.   When it is impractical to connect such sewage system with an existing City sewer, and it is necessary to dispose of such sanitary sewage by a septic system, such system, and the installation thereof, shall meet the standards and specifications set by the Board of Health of the State.

      3.   Water And Gas Service: The developer shall install, or cause to be installed, all necessary water mains, fire hydrants, and gas mains as approved by local utilities and the City Engineer.

      4.   Electric Service: The developer shall install, or cause to be installed, all necessary electric transmission lines underground.

      5.   Sidewalks: Sidewalks shall be installed, or cause to be installed, by the developer according to specifications prescribed by the City and located and set at the grade established by the Engineer.

      6.   Other Cable Services: Other cable services shall be underground phone, cables, etc. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

The procedure for obtaining a change of zoning district to R-L shall be as follows:

   A.   Submission Of Petition: A petition for a zoning change to R-L shall be submitted to the City Manager/Clerk. Such petition shall comply with all applicable provisions of the Zoning Ordinance 1 and rules of procedure of the Planning and Zoning Commission.

   B.   Outline Development Plan: The applicant shall accompany the request for a zoning change with four (4) copies of an outline development plan. The outline development plan shall include both maps and written statement and must show enough of the area surrounding the proposed planned development to demonstrate the relationship of the development to adjoining uses, both existing and proposed.

   C.   Required Information: The outline development plan must contain the following information:

      1.   Maps And Diagrams: Maps and diagrams may be in general schematic form but must include:

         a.   The title by which the development is to be known and recorded.

         b.   The existing topographic character of the site and adjacent land.

         c.   Existing and proposed land uses and the approximate locations of buildings and other structures and their exterior facades.

         d.   The character and approximate density of dwellings.

         e.   The approximate locations, width, and dimensions of all existing and proposed streets, alleys, walkways, and thoroughfares.

         f.   The locations and approximate dimensions of all areas to be reserved for future use as parks, playgrounds, or similar features in developments of fifteen (15) acres or greater.

         g.   The locations, approximate dimensions, and character of all areas, sites, grounds, streets, or similar features which are to be dedicated for public use.

         h.   General landscaping and tree planting plan.

         i.   The location and approximate dimensions of parking lots and areas.

         j.   The locations and size of existing storm and/or sanitary sewers, water mains, or field drains within or readily accessible to the tract.

         k.   The location and character of all existing easements.

         l.   The bearing and distance from monumented block or lot corner within the tract to some corner of a congressional division within the City.

         m.   A plat giving the names, as shown on the last deed of record, of all property owners within two hundred feet (200') of the perimeter of the tract.

         n.   A legal description of the tract.

         o.   The name and seal of the registered engineer or surveyor who prepared the documents.

      2.   Written Statement: The written statement must contain the following information:

         a.   A statement of the character of the planned development, to include:

            (1)   Its relationship to the Comprehensive Plan of the City.

            (2)   Its relationship to adjoining uses, both existing and proposed.

            (3)   Its relationship to topographic features of the site and adjacent land.

            (4)   Limiting conditions such as soils, excessive grade or slope, unstable ground, high water table, etc.

         b.   A general indication of the expected schedule of development.

         c.   A statement of the present ownership of all land included within the planned development.

         d.   A list of the current addresses of all property owners within two hundred feet (200') of the perimeter of the tract. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

   A.   Recommendations; Hearing: Within ninety (90) days after the filing of the outline development plan, the Planning and Zoning Commission shall forward the outline development plan to the City Council with a written report recommending that the plan be approved, approved with modifications, or disapproved and giving the reasons for these recommendations.

      1.   Recommendations from City department heads and utility companies are required in conjunction with the Planning and Zoning Commission review.

      2.   The Planning and Zoning Commission shall hold a public hearing prior to making recommendation on the proposal. The public hearing shall be held in accordance with State and Municipal codes and Planning and Zoning Commission rules of procedure. The outline development plan shall be made publicly available at least fourteen (14) days before the public hearings, and the notices of public hearing shall so inform the public.

   B.   Consideration Of Certain Factors: The Planning and Zoning Commission shall consider the following factors in making its recommendation to the City Council:

      1.   That the proposal substantially conforms to the Comprehensive Plan for the City.

      2.   That the existing character of the neighborhood will not be adversely affected, and that adequate safeguards are provided to minimize possible detrimental effects on adjacent properties and the neighborhood.

      3.   That there is ample provision for water supply, sanitary sewage disposal, storm and surface water drainage, and other utilities.

      4.   That soil conditions, natural characteristics, topography, and geography do not present a substantial hazard to development.

      5.   That there is adequate availability to police and fire protection, parks and recreational facilities, schools, and other community facilities and public services.

      6.   That the location, height, and bulk of buildings and structures on the site are in proportion to each other and relate well to other structures and visual perspective in the vicinity.

      7.   That patterns of pedestrian circulation and the effective use and design of open spaces, landscaping, exterior facade, and amenities are considered.

      8.   That vehicular access is adequate to and within the site, that parking and loading spaces are adequate and well located, and that there are no conflicts between vehicular traffic and other uses and activities proposed.

      9.   That the proposed installation of driveways, landscaping, and other site details are generally in harmony with the proposed structures, adjacent properties, and with the rights and interests of the general public.

   C.   Public Hearing: After receiving the Planning and Zoning Commission's recommendations, the City Council shall hold a public hearing as provided in Iowa Code section 414.4. Subsequent to holding said public hearing, the City Council shall approve, approve with modifications, or disapprove the outline development plan.

      1.   If the outline development plan is approved, the City Council shall amend the Zoning Map to show the R-L District.

      2.   If the outline development plan is approved with modifications, the City Council shall not amend the Zoning Map until the applicant has filed with the City Council written consent to the plan as modified.

      3.   No building permits may be issued on land within the R-L District until the final development plan has been approved under the procedures provided in the following sections. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

   A.   Filing Of Plan: Within six (6) months after an outline development plan has been approved, an applicant shall file a preliminary development plan with the City Manager/Clerk. Upon the filing of a preliminary development plan, three (3) full size sets of plans twenty four inches by thirty six inches (24" x 36") and fourteen (14) half size sets of plans eighteen inches by twenty four inches (18" x 24") will be provided, the City Manager/Clerk shall immediately refer one copy of such plan to the City Engineer and one copy to the Building and Zoning Administrator. This preliminary plan shall then be presented at the next regular Planning and Zoning Commission meeting.

   B.   Submission In Stages: The Planning and Zoning Commission may authorize the submission of preliminary development plans in stages, if so requested by the applicant.

   C.   Withdrawal Of City Approval: If a preliminary development plan covering at least twenty percent (20%) of the area of the outline development plan has not been submitted within six (6) months following the approval of the outline development plan, the City Council may withdraw its approval of the outline development plan. In its discretion and for good cause, the City Council may extend for three (3) months the period for filing the preliminary development plan.

   D.   Required Information: The preliminary development plan shall include all of the following information:

      1.   The location, width, and dimensions of all existing and proposed thoroughfares, streets, alleys, sidewalks, and walkways.

      2.   All plot lines and plot designs (if applicable).

      3.   Areas proposed to be conveyed, dedicated, or reserved for parks, parkways, playgrounds, school sites, public buildings, and similar public or semipublic uses.

      4.   The location and dimensions of each building site, common open area, improvement, and indication of open spaces around buildings and structures.

      5.   Elevation and perspective drawings of proposed structures and improvements, except single-family residences and single-family residence accessory buildings. These drawings need not be of final architectural decisions and need not be in detail.

      6.   A development schedule indicating approximate dates for start and completion of the project, if such schedule varies considerably from the schedule submitted with the outline development plan.

      7.   All agreements, provisions, or covenants which will govern the use, maintenance, protection, performance, and/or design of the development and any of its common open areas.

      8.   Off-street parking plan.

      9.   A circulation diagram indicating proposed movement of vehicles and pedestrians within the development and to and from existing features and location and type of traffic regulations devices needed to facilitate or ensure the safety of this circulation pattern.

      10.   A landscaping and tree planting plan.

      11.   The location and size of all existing storm or sanitary sewers, water mains, or field drains within or readily accessible to the development.

      12.   The location and character of all existing easements and those proposed to be provided by the owner.

      13.   The location of all proposed sewers.

      14.   The location of all proposed water and gas mains.

      15.   Grading plan, to include the location of waterways on the site or on adjacent land, and drainage plan with sufficient control grades to indicate the intent of the developer.

      16.   The scale used on the drawings.

      17.   Any other plans, diagrams, or information, as requested by the Planning and Zoning Commission or the City Council.

   E.   Preparation By Engineer: The preliminary development plan shall be prepared by, and have the seal of, an engineer duly registered to practice in the State.

   F.   Approval Of Preliminary Development Plan:

      1.   The Planning and Zoning Commission shall review the preliminary development plan to determine if it is in substantial compliance with the outline development plan and recognized principles of civic design, land use, and landscape architecture. A recommendation of the City staff is required prior to Planning and Zoning Commission review. The Commission shall then recommend to the City Council, within forty five (45) days after the filing of the preliminary development plan, that the plan be approved, approved with modifications, or disapproved.

      2.   After receiving the Planning and Zoning Commission's recommendations, the City Council shall approve, approve with modifications, or disapprove the preliminary development plan.

      3.   If the City Council disapproves a preliminary development plan, the applicant shall file with the City Manager/Clerk a revised preliminary development plan within forty five (45) days of the date of disapproval, or the City Council may withdraw its approval of the outline development plan. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

   A.   Filing Of Plan:

      1.   Within six (6) months following the approval of the preliminary development plan, the applicant shall file with the City Manager/Clerk copies of a final development plan. Upon the filing of the final development plan, the City Manager/Clerk shall refer one copy of the plan and accompanying papers to the Building and Zoning Administrator and one copy to the City Engineer. This final development plan shall then be presented to the Planning and Zoning Commission at the next regular meeting.

      2.   In its discretion and for good cause, the Planning and Zoning Commission may extend for six (6) months the period for the filing of the final development plan, upon request of the applicant.

   B.   Review And Approval Or Disapproval:

      1.   The Planning and Zoning Commission shall review the final development plan and shall recommend to the City Council within forty five (45) days after the filing of the final development plan, that the plan be approved if that plan is in substantial compliance with the approved preliminary development plan. If the preliminary development plan has been approved by the City Council with modifications, the final development plan shall include those modifications.

      2.   If the City Council disapproves a final development plan, the applicant shall file with the City Manager/Clerk a revised final development plan within forty five (45) days of the date of disapproval, or the City Council may withdraw its approval of the outline development plan.

   C.   Required Information: The final development plan shall include all those items required by the preliminary development plan and, in addition, the following information:

      1.   The proposed names of all streets, public ways, and places dedicated for public use; and the location, width dimensions, and specifications of all streets, alleys, sidewalks, and walkways.

      2.   The type and location of all permanent monuments at block and lot corners and elsewhere within the development.

      3.   All radii, arcs, chords, points of tangency, and central angles for curved streets and the radii of all rounded curves.

      4.   The location, size, grade, and specifications of all proposed sewers, pumping stations, manholes, and other necessary appurtenances.

      5.   The location, size, grade, and specifications of all proposed water and gas mains and the location, size, and specifications of all fire hydrants.

      6.   The location and character of all proposed electric transmission lines.

      7.   The certification of the engineer preparing the documents with his or her license number and seal and the date of preparation.

      8.   Certificate of approval for construction of water, electric, and gas service from the respective utility companies accompanied by a plat showing any easements required.

      9.   Four (4) sets of improvement plans and profile. All plans and drawings are to be submitted on full-size plan and profile paper.

      10.   Four (4) copies of all easement agreements for utility or other purposes.

      11.   Four (4) copies of a proposed resolution to be adopted by the City Council accepting lands to be dedicated for public use.

      12.   Four (4) copies of any agreement to be entered into between the applicant and the City providing for the grading of streets and installation of sewer system and other utilities or other improvements as may be required.

      13.   Four (4) copies of any deed restrictions or covenants required by the City Council under subsection 10-6D-7A of this Article, or any other conditions imposed by the City Council under Section 10-6D-7 of this Article.

      14.   Four (4) copies of a proposed resolution to be adopted by the City Council approving and accepting the final development plan. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

Upon approval of the final development plan, the Building and Zoning Administrator shall issue building permits in accordance with all applicable State and local codes, regulations, and ordinances for buildings and structures in the area covered by the approved final development plan. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

   A.   Extension Of Time Period: If no construction has begun or no use established in the planned development within one year from the approval of the final development plan, the final development plan shall lapse and be of no further effect. In its discretion and for good cause, the Planning and Zoning Commission may extend for six (6) additional months the period for the beginning of the construction or the establishment of a use.

   B.   Lapse Of Plan: If a final development plan lapses under the provisions of this Section, the City Manager/Clerk shall remove the planned development from the Zoning Map and shall file a notice of revocation of the recorded final development plan. The zoning regulations applicable before the final development was approved shall then be revived and in effect. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

No changes shall be made in the approved final development plan during the construction of the planned development, except under authorization by the Planning and Zoning Commission. No amendments shall be made in the approved final development plan, unless they are shown to be required by change in conditions that have occurred since the final development plan was approved or by changes in the development policy of the community. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

   A.   Review Permits And Examine Construction: At least once every six (6) months following the approval of the final development plan, the Building and Zoning Administrator shall review all of the building permits issued for the planned development and examine the construction which has taken place on the site. The construction and provision of all of the common open spaces and public and recreational facilities which are shown on the final development plan must proceed at the same rate as the construction of dwelling units.

   B.   Failure To Follow Plan: If the Building and Zoning Administrator finds that the final development plan has not been followed, he or she shall forward this information to the Planning and Zoning Commission, which may recommend to the City Council revocation of approval of the final development plan. (Ord. 3-97, 11-3-1997; amd. 1998 Code)

If any of the provisions of this Article are for any reason illegal or void, then the lawful provisions of this Article which are separable from said unlawful provisions, shall be and remain in full force and effect, the same as if the Article contained no illegal or void provisions. (Ord. 3-97, 11-3-1997; amd. 1998 Code)