(1)   The Planning Commission shall hold a public hearing on the application. Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the designated legal newspaper of the city. The notice shall contain the date, time and place of the hearing and a description of the land and the proposed conditional use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the owner and to each of the property owners within 350 feet of the property for which the conditional use permit is sought. Failure of the City Clerk to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.

(Ord. 04-14, passed - -; Ord. 06-11, passed - -; Ord. 12-30, passed - -; Ord. passed 10-11-1963; Ord. 22-002, passed 2-14-2022)

      (1)   The application is a renewal of an interim use permit which was previously approved by the City Council pursuant to division (C);

      (2)   There have been no issues or violations with the existing interim use permit;

      (3)   There are no substantial changes to the interim use permit as determined by the Zoning Administrator;

      (4)   The Community Development Department has conducted an administrative review; and

      (5)    The property owner on which the interim use permit is located is current on all city fees.

(Ord. 01-15, passed - -; Ord. passed 10-11-1963; Ord. 16-07, passed 6-13-2016)

      (1)   Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the designated legal newspaper of the city. The notice shall contain the date, time and place of the hearing and a description of the land and proposed change in zoning, if relevant. When an amendment involves changes in district boundaries, at least ten days before the hearing, the City Clerk shall mail an identical notice to the owner and to each of the property owners within 350 feet of the property for which the amendment is sought. Failure of the City Clerk to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.

      (2)   Action by City Council: The City Council must approve or deny the application pursuant to § 153.028(C)(2).

(Ord. passed 10-11-1963)

      (1)   It is declared to be the policy of the city to preserve, protect and promote attractive and well-maintained residential environments for its citizens.

      (2)   For the protection of residential areas, imaginative site design concepts shall be employed in the development of respective sites.

      (3)   To promote the general welfare, health, safety and order of residential neighborhoods.

      (1)   With the exception of single-family dwellings and two-family dwellings, this site plan approval process applies to all new construction in the R-1, R-2, R-3 and R-4 zoning districts.

      (2)   Murals in R District are subject to the following:

         (a)   Murals are prohibited on the primary street facing façade of the building, commonly identified as the front yard. For corner lots, where more than one abutting street facing façade exists, murals are prohibited on both primary street facing facades, commonly identified as the front and the side yard adjacent to the street.

         (b)   Murals shall not directly face adjacent residential structures and shall not cover or detract from architectural features. Eaves, cornices, and other architectural features shall keep their character and remain painted to match the rest of similar architectural features on the building.

         (c)   Murals shall not cover more than one continuous side of the residential structure.

         (d)   When no alternative location exists for a mural pursuant to this subsection, a mural, not to exceed six feet in height as measured from where the exterior wall meets the ground, shall be allowed on the back exterior wall of the residential structure as long as the mural does not exceed six feet in height, and is screened by a six foot high fully opaque screening, such as a wall, a fence, landscaping or screening otherwise approved by city.

         (e)   Property owner may register the mural by providing the following information to the Community Development Department:

            1.   Address and location of the building, structure or lot to which or upon which the mural is to be painted;

            2.   A set of drawings detailing the mural specifications, including reasonably accurate and scaled dimensions;

            3.   A written and signed statement including the following:

               (i)   A description of which of the following materials the mural will be painted with: an oil-based alkyd enamel or polyurethane enamel, or other Painting Decorating Contractors of America (PDCA) industry standard exterior paint; and

               (ii)   The approximate start and end dates for the creation and completion of the mural.

         (f)   By registering the mural, the city can assist the property owner in ensuring compliance with design standards set forth in this section. Failure to comply with design standards may be subject to enforcement provisions set forth by this code or nuisance actions under this code or state law.

         (a)   Prior to commencing any construction, a “site plan approval” application shall be initiated by the owner of subject property or by an authorized agent. The applicant shall submit a “site plan approval” application to the Zoning Administrator, copies of which are available at the municipal offices, together with a fee in an amount established by City Council resolution. A completed application shall be filed at least 23 days prior to the next regular meeting of the Planning Commission.

         (b)   The Zoning Administrator shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission’s next regular meeting.

         (a)   A survey drawing by a registered engineer or land surveyor showing pertinent existing conditions showing an inventory of all existing trees six-inch caliper and larger by species and size. Trees shall be identified on the drawing as quality or non-quality type trees. Quality trees shall be those types as stated in division (C)(4)(b) below. The drawing will be accurately dimensioned; and

         (b)   A complete set of preliminary drawings prepared by a registered civil engineer or landscape architect showing:

            1.   An accurately scaled and dimensioned site plan indicating parking layout, including access provisions, location of structures, building elevations landscaping, including trees and shrubbery with indication of species, planting, size and location;

            2.   Fences or walls or other screening, including height and type of material;

            3.   Lighting provisions, including type and location; and

            4.   Curbs; and

            5.   Other documents as requested by the Zoning Administrator.

         (a)   All parking lots shall be curbed with B-6-12 or better concrete curbing.

         (b)   Curbed islands must be placed at the end of every row of parking spaces.

         (c)   Off-street parking and drive aisle setback standards:

 

 

         (a)   The off-street parking setback area shall be utilized as a protective buffer. The protective buffer shall not be used for parking, drive aisles, off-street loading or storage and shall be landscaped.

         (b)   Minimum landscape requirements in the protective buffer shall include the following “quality type trees,” one two and one-half inch diameter at four feet above grade caliper deciduous tree, which shall be, hardwood type trees such as, maple, seedless green ash, locust or basswood, or six-foot conifer type trees, such as Colorado blue spruce, white pine, red pine or pyramidal arborvitae, or other approved types. The number of trees required is the equivalent of one for every 40 feet lineal of property line on the subject site or as approved through the site plan process. The protective buffer shall also contain grass, ground cover or shrubs and shall be irrigated to facilitate maintenance of landscaped areas. No impervious surfaces such as concrete or asphalt shall be placed in the protective buffer.

         (c)   Minimum landscape requirements for each curbed island shall include one one and one-half inch diameter at four feet above grade caliper deciduous tree, all of which must be of “quality” types as listed in division (D)(4)(b) above. The curbed island shall also contain grass, ground cover or shrubs and shall be irrigated to facilitate maintenance of landscaped areas. No impervious surfaces such as concrete or asphalt shall be placed in the curbed island.

         (d)   When tree removal occurs, replacement trees shall constitute at least 30% of the total amount of the caliper inches of “quality trees” removed.

         (e)   All trees shall be placed around the site to promote the most efficient and effective use of the different types of trees installed.

         (f)   When located adjacent to a single family or two-family use, the provisions of § 153.381 shall apply, except that for the portion adjacent to the residential properties, screening from the front building line to the rear property line and along the rear property line shall be six feet in height.

         (a)   The Planning Commission shall hold a public hearing on the application. Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the designated legal newspaper of the city. The notice shall contain the date, time and place of the hearing and a description of the land and the proposed conditional use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the owner and to each of the property owners within 350 feet of the property for which the site plan approval is sought. Failure of the City Clerk to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.

(Ord. 00-06, passed - -; Ord. 01-06, passed - -; Ord. 04-12, passed - -; Ord. 04-13, passed - -; Ord. 05-04, passed - -; Ord. 05-05, passed - -; Ord. 06-13, passed - -; Ord. 07-07, passed - -; Ord. 08-14, passed - -; Ord. 12-30, passed - -; Ord. passed 10-11-1963; Ord. 22-002, passed 2-14-2022; Ord. 23-009, passed 6-26-2023)

      (1)   It is declared to be the policy of the city to preserve, protect and promote attractive and well-maintained commercial and industrial districts for its citizens.

      (2)   To preserve and promote attractive and stable business environments for its citizens through encouraging well-conceived, high-quality developments.

      (3)   To encourage community while, at the same time, promoting the general welfare, health, safety and order of commercial and industrial districts.

         (a)   Construction of a new building;

         (b)   Construction or reconstruction resulting in the enlargement of an existing building or any modification to the existing footprint or structural height of an existing building;

         (c)   Construction or reconstruction involving modification or replacement of the exterior materials on the building; or

         (d)   Construction or reconstruction involving modification or enlargement of the parking area.

         (a)   Any conformity, including the lawful use of or occupation of land or premises may be enlarged by less than 10% of its gross floor area, or 10,000 square feet, whichever is less, provided that:

            1.   There is no variance involved; and

            2.   The Community Development Department has conducted an administrative review. If the site includes any nonconformity, including the lawful use or occupation of land or premises then, regardless of the size of the enlargement, a variance is necessary.

         (b)   Modification of existing exterior materials on the building that does not alter more than 25% of the building, provided that:

            1.   The modification complies with the construction design requirements of this chapter; and

            2.   The Community Development Department has conducted an administrative review.

         (c)   Replacement of exterior materials on the building with same or similar materials in an attempt to retain the existing look of the building, provided that the Community Development Department has conducted administrative review.

         (d)   Murals are allowed on either: (i) one continuous side of the building; or (ii) up to 25% of the cumulative wall area of the building on which they are painted provided that the Community Development Department has reviewed the mural information and the mural complies with the following:

            1.   Murals shall not directly face adjacent residential structures and shall not cover or detract from architectural features. Eaves, cornices, and other architectural features shall keep their character and remain painted to match the rest of similar architectural features on the building.

            2.   Materials used for the mural shall be an oil-based alkyd enamel; polyurethane enamel, Painting and Decorating Contractors of America (PDCA) industry standard exterior paint; or some other maintenance free materials approved by the Zoning Administrator.

            3.   The property owner registers the mural by providing the following information to the Community Development Department:

               (i)   Address and location of the building, structure or lot to which or upon which the mural is to be painted;

               (ii)   A set of drawings detailing the mural specifications, including, to the extent possible, accurate and scaled dimensions;

               (iii)   A written and signed statement including the following:

                  a.   A description of which of the following materials the mural will be painted with: an oil-based alkyd enamel; a polyurethane enamel; a Painting and Decorating Contractors of America (PDCA) industry standard exterior paint; or another maintenance free material approved by the Zoning Administrator; and

                  b.   The approximate start and end dates for the creation and completion of the mural.

            4.   By registering the mural, the city can assist the property owner in ensuring compliance with design standards set forth in this section. Failure to comply with design standards may be subject to enforcement provisions set forth by this code or nuisance actions under this code or state law.

         (e)   Any conformity, including the lawful use of or occupation of land or premises may enlarge its total parking area by less than 10%, provided that:

            1.   There is no variance involved; and

            2.   The Community Development Department has conducted administrative review.

         (f)   If the site includes any nonconformity, including the lawful use or occupation of land or premises then, regardless of the size of the enlargement, a variance is necessary.

   (C)   Application.

      (1)   Prior to commencing any construction, a “site and building plan approval” application shall be initiated by the owner of subject property or by an authorized agent. The applicant shall submit a “site and building plan approval” application to the Zoning Administrator, copies of which are available at the municipal offices, together with a fee in an amount established by City Council resolution. A completed application shall be filed at least 25 days prior to the next regular meeting of the Planning Commission.

      (2)   The Zoning Administrator shall refer the matter to the Planning Commission by placing the application upon the agenda of the Commission’s next regular meeting.

      (1)   A survey drawing by a registered engineer or land surveyor showing an inventory of all existing trees six-inch caliper and larger by species and size.

         (a)   Trees shall be identified on the drawing as quality or non-quality type trees.

         (b)   Quality trees shall be those types as stated in division (F)(2) below.

         (c)   The drawing will be accurately dimensioned survey drawing by a registered engineer or land surveyor showing pertinent existing conditions, accurately dimensioned.

      (2)   A complete set of preliminary drawings prepared by a registered civil engineer or landscape architect showing:

         (a)   An accurately scaled and dimensioned site plan indicating parking layout, including access provisions, location of structures, building elevations, landscaping, including trees and shrubbery with indication of species, planting, size and location;

         (b)   Fences, walls or other screening, including height and type of material;

         (c)   Lighting provisions, including type and location; and

         (d)   Curbs.

      (3)   Other documents as requested by the Zoning Administrator.

      (1)   All parking lots shall be curbed with B-6-12 concrete curbing.

      (2)   An equivalent of one curbed island at least eight feet by 20 feet in size must be placed at the end of every 20 parking spaces.

      (3)   In the B-1 and B-2 Zoning Districts, off-street parking, building and drive aisle setback standards are as follows:

 

 

      (4)   In the B-3, B-5, B-6 Zoning Districts, off-street parking, building and drive aisle setback standards are as follows:

 

 

      (5)   In the B-4 Zoning District, off-street parking, building and drive aisle setback standards are as follows:

 

 

      (6)   In the I-1 and I-2 Zoning Districts, off-street parking, building and drive aisle setback standards are as follows:

 

 

      (7)   Parking located in a front, side or rear yard must provide a wall, railing or fence that physically prohibits vehicles from extending over the property line

      (1)   The setback area shall be utilized as a protective buffer. The protective buffer shall not be used for parking, drive aisles, off-street loading or storage and shall be landscaped up to the building.

      (2)   Minimum landscape requirements in the protective buffer shall include the following “quality type trees,” one two and one-half inch diameter at four feet above grade caliper deciduous tree, which shall be hardwood type trees such as maple, seedless green ash, locust or basswood, or six-foot conifer type trees, such as Colorado blue spruce, white pine, red pine or pyramidal arborvitae, or other approve types. The number of trees required is the equivalent of one for every 20 feet of lineal property line on the subject site or as approved through the site plan process. The protective buffer shall also contain grass, ground cover or shrubs and shall be irrigated to facilitate maintenance of landscaped areas. No impervious surfaces such as concrete or asphalt shall be placed in the protective buffer.

      (3)   Minimum landscape requirements for each curbed island shall include one two and one-half inch diameter at four feet above grade caliper deciduous tree all of which must be of “quality” types as listed in division (F)(2) above. The curbed island shall also contain grass, ground cover, mulch or shrubs and shall be irrigated by an underground irrigation system to facilitate maintenance of landscaped areas. No impervious surfaces such as concrete or asphalt shall be placed in the curbed island.

      (4)   When a commercial or industrial development is located adjacent to or across from any “R” use, screening must comply with § 153.381, except that for the portion adjacent to the residential properties, screening from the front building line to the rear property line and along the rear property line shall be six feet in height. Required screening will be at least 95% opaque throughout the year. One or a combination of the following will satisfy the required screening:

         (a)   A decorative fence;

         (b)   A masonry wall; and/or

         (c)   Landscaping.

      (5)   Lighting levels must not exceed zero foot-candles at the abutting property line. No direct glare may extend onto the public street, public open space or neighboring properties.

      (6)   Regardless of the scope of the proposed construction, all signs must comply with the provisions of §§ 153.430 through 153.438 and §§ 150.105 through 150.110.

      (7)   When tree removal occurs, replacement trees shall constitute at least 30% of the total amount of the caliper inches of “quality trees” removed.

      (8)   All trees shall be placed around the site to promote the most efficient and effective use of the different types of trees installed.

      (2)   In the B-1, B-2, B-3, B-4, B-5 and B-6 Districts, all exterior vertical surfaces must be treated as a front and be equally attractive on all sides of the structure.

      (3)   Window coverage in B-1, B-2, B-3, B-5 and B-6 Zoning Districts, buildings containing office and retail uses must maintain at least 40% window coverage on each first floor front that faces a street, parking lot or open space.

      (4)   Building facades in B-1, B-2, B-3, B-4, B-5 and B-6 Zoning Districts, all exterior building walls adjacent to a street, parking lot or open space must not exceed 60 feet in length without visual relief of two or more of the following:

         (a)   The facade is divided architecturally with different materials or textures;

         (b)   There are horizontal offsets of at least two feet in depth;

         (c)   There are vertical offsets in the roof line of at least two feet; and

         (d)   The windows on the first floor are recessed horizontally at least one foot.

         (a)   All mechanical protrusions visible to the exterior will be screened so they are not visually obvious and are compatible with the surrounding development.

         (b)   Satisfaction of this requirement will be demonstrated by the screening of the equipment in such a manner so that it is not visible from a point six feet above any common property line or street right-of-way.

         (c)   Screening will consist of either a parapet wall along the roofs edge or by an opaque screen constructed of the same material as the building’s primary vertically exposed exterior finish.

         (d)   The Zoning Administrator may determine that screening of the equipment may be satisfied by painting, which is compatible with the development or design of the building or that the equipment by designing the equipment to be compatible with the architectural treatment of the building.

         (e)   All mechanical protrusions shall be highlighted on the Site and Building Plan.

         (a)   Trash enclosures may not be located in the front or side yard adjacent to a street.

         (b)   All trash areas that are visible from any public right-of-way will be screened on all sides.

         (c)   Trash must not exceed the height of the screening.

         (d)   Required screening will be at least 95% opaque throughout the year, unless otherwise specified. Screening will be designed to be compatible with the architectural treatment of the principal building. All screening is subject to the regulations of § 153.381 governing fences.

         (e)   One or a combination of the following will satisfy the required screening:

            1.   A decorative fence;

            2.   A masonry wall; and

            3.   A hedge.

      (1)   The Planning Commission shall hold a public hearing on the application. Notice of the public hearing shall be given not less than ten days nor more than 30 days prior to the date of the hearing by publication in the designated local newspaper of the city. The notice shall contain the date, time and place of the hearing and a description of the land and the proposed conditional use. At least ten days before the hearing, the City Clerk shall mail an identical notice to the owner and to each of the property owners within 350 feet of the property for which the site plan approval is sought. Failure of the City Clerk to mail the notice or failure of the property owners to receive the notice shall not invalidate the proceedings.

      (1)   The Planning Commission may recommend and the City Council may impose conditions and restrictions as deemed necessary to protect the public interest and to secure compliance with the requirements of the ordinance.

      (2)   The conditions may include the execution and submission of a development agreement with a supporting financial guarantee that the subject property will be constructed, developed and maintained in conformance with the plans, specifications and standards.

(Ord. 12-4, passed - -; Ord. 12-30, passed - -; Ord. passed 10-11-1963; Ord. 21-014, passed 11-8-2021; Ord. 22-002, passed 2-14-2022; Ord. 23-009, passed 6-26-2023)