(a)   The purpose of the Planned Office District (PO) is to permit and encourage the development of office and office-related uses within one planned district and:

      (1)   Allow a development pattern which preserves and utilizes the natural topography, geologic features, vegetation and drainage of the site as part of its design.

      (2)   Encourage provision of site, open space and recreation amenities to serve the immediate development and link to other surrounding community facilities.

      (3)   Respect the unique characteristics of the site and surrounding uses.

      (4)   Incorporate other office-related uses within same overall development.

   (b)   In order to accomplish the above purposes, the intent of this Chapter is to allow the applicant to lessen the development standards in some areas in exchange for an increase in development standards in another. The process for achieving the above purposes and intent is to require the submission and approval of a preliminary plan for the total proposed development and the submission and approval of a Development Plan for all or any part of the area, defined in the Preliminary Plan prior to obtaining a Zoning Certificate as part of the approval for the construction of any portion of the area. As part of the Preliminary Plan, the applicant must prepare and submit a Development Standards Text that identifies any development standard that is less restrictive than the standards set forth in this Chapter or other referenced Chapters. As part of the Development Standards Text, the applicant must justify the modifications of these standards based on the fact that the proposed development goes beyond minimum requirements in other areas that will result in a superior development than if the standards set forth in this Chapter had been followed. As part of the final Development Plan the applicant must reaffirm use of the previously approved Development Standards Text or submit as part of the Development Plan a modified Development Standards Text for approval by Planning Commission.

(Ord. 95-36. Passed 6-20-95.)

   Those uses permitted within the Planned Office District include those uses that are permitted in the Office Institutional District (Chapter 1155) and additional uses that the Planning Commission feels to be in character with the intent and purpose of the Planned Office District.

(Ord. 95-36. Passed 6-20-95.)

   Those uses conditionally permitted within the Planned Office District include those uses that are conditionally permitted in the Office Institutional District and the following additional uses:

   (a)   Public indoor recreation.

   (b)   Membership sports and recreation clubs.

   (c)   Outdoor recreation.

   (d)   Personal Services as part of the principally permitted use and with no exterior signage or direct outside access.

   (e)   Mixed warehouse and office uses (with less than 50% of the gross floor area as warehouse.

(Ord. 95-36. Passed 6-20-95; Ord. 2017-25. Passed 1-16-18; Ord. 2018-13. Passed 6-19-18.)

   The following development standards shall be considered as minimal standards within the Planned Office District. These standards shall serve as base standards to be included and modified if desired as part of the Development Standards Text and Preliminary Plan and further refined as part of the Development Plan.

   (a)   Lot Requirements. Prior to determining setbacks, refer to Section 1173.06(a). If a bufferyard is required and the minimum setback is less than the appropriate bufferyard width, then the setback shall be equal to the bufferyard width. If a bufferyard is required and the minimum setback is greater than the appropriate bufferyard width, then the setback shall be equal to the required setback.

      (1)   Minimum site size: Five acres and sufficient area to accommodate building and pavement setbacks, landscaping, parking and circulation. If abutting a major or minor arterial, the minimum continual street frontage shall be 250 feet.

      (2)   Minimum lot width: None, but sufficient width to accommodate building and pavement setbacks, landscaping, parking and circulation. If abutting a major or minor arterial, the minimum continual street frontage shall be 250 feet.

      (3)   Minimum yard requirements: Building setback: 50 feet from an arterial street, 30 feet from other public rights-of-way, 30 feet from all other property lines. Pavement setback: Parking is not permitted in the required front yard setback; 20 feet from all other property lines.

      (4)   Maximum lot coverage: All impervious surface areas including, but not limited to, building and pavement shall not cover more than 60% of the site.

   (b)   Building Requirements.

      (1)   Maximum building height to be established by Planning Commission as part of the Development Plan.

   (c)   Site Development Standards.

      (1)   Trash and litter shall be controlled, and stored in container systems which are located and/or enclosed in a manner to screen them from view from adjacent property.

      (2)   Provision for storm drainage shall be adequate to protect the public and owners of surrounding land and meet the City's requirements for storm water management.

      (3)   All service and delivery shall be at the rear or side of the building for buildings in excess of 15,000 square feet; and appropriately screened from view with minimal impact on adjacent property.

      (4)   No materials, supplies, equipment or products shall be stored or permitted to remain on any portion of a parcel outside a permanent structure.

      (5)   Parking, Loading, Access and Circulation Requirements for uses permitted in this district are set forth in Chapter 1171.

      (6)   Landscaping and Screening Requirements for uses permitted in this district are set forth in Chapter 1173.

      (7)   Signage Requirements for uses permitted in this district are set forth in Chapter 1181.

      (8)   Lighting Requirements for uses permitted in this district are set forth as follows:

         A.   All exterior lighting shall be designed to direct light downwardly, i.e. cut off type fixtures.

         B.   All lights shall be arranged to reflect light away from any street or adjacent property.

         C.   Direct or indirect glare into the eyes of motorists or pedestrians shall be avoided.

         D.   All types of parking, pedestrian and other exterior lighting shall be on poles or wall mounted cutoff fixtures and shall be from the same type and style.

         E.   Cutoff type landscape and building up lighting shall be permitted.

         F.   All building illuminations shall be from concealed sources.

         G.   Parking lot lighting shall be no higher than 28 feet.

         H.   No color or flashing lights shall be used to light the exterior of buildings.

(Ord. 95-36. Passed 6-20-95.)

   All conditional uses shall meet the minimum requirements established by Section 1156.04 unless modified by this section.

   (a)   Purpose and Intent. The purpose of this section is to establish supplementary standards for certain land uses that may affect adjacent properties, the neighborhood, or the community even if all of the general standards of Section 1156.04 are met. It is the intent of this section to establish appropriate standards for permit processing and for location, design and operation of conditional uses to assure that they will be developed in a manner consistent with the purpose of the Planned Office District.

   (b)   Development Standards for Multiple Family Use. The Development Standards are those required in the R-4 Multiple Family District.

   (c)   Development Standards for Senior Citizen Housing and Physically Handicapped Housing.

      (1)   Lot requirements.

         A.   Minimum lot area: None, except that lot size shall be adequate to meet all yard and parking requirements.

         B.   Minimum lot width: None, except that all lots must abut a public street and have adequate width to meet the parking and yard space requirements.

         C.   Minimum front yard: 30 feet. Pavement areas shall be at least ten feet from the right-of-way.

         D.   Minimum side yard: For structures, 15 feet. For pavement areas, seven feet.

         E.   Minimum rear yard: For structures, 15 feet, 20 feet when abutting residential districts. For pavement areas, seven feet.

         F.   Maximum lot coverage: Main and accessory structures and parking pavement areas shall occupy no more than 50% of the lot.

         G.   Parking areas shall be no closer to main structures than ten feet.

         H.   Minimum lot area per dwelling unit shall be calculated on the basis of 1,450 square feet. Minimum lot area per unit may be varied by Planning Commission based upon the merits of the site development plan submitted. The Commission shall consider the factors established by the Site Development Plan, the dwelling unit size and mix, the site configuration and the development incentives set forth in Section 1135.03(c)(3)A, B and C.

      (2)   Building requirements.

         A.   Maximum height: 50 feet.

         B.   Accessory buildings have the same yard requirements as main buildings.

         C.   Minimum dwelling unit area: A minimum of 400 square feet of living space for efficiency apartments, 500 square feet for one bedroom units and 700 square feet for two bedroom units.

      (3)   Site development requirements.

         A.   All applicable subdivision regulations, sign regulations, as well as parking and landscaping regulations of this Zoning Ordinance must be satisfied.

         B.   Parking accommodations and loading areas shall be provided pursuant to a layout plan designed by the owner of the land to be developed, conforming to Chapter 1171 and showing traffic movement, ingress and egress, traffic control points, the number and size of parking spaces and service areas. In addition, the expected peak hour traffic volume for employees, members of the public and deliveries shall be described by text.

         C.   Provision for storm drainage shall be adequate to protect the public and owners of surrounding land.

         D.   Trash and litter shall be controlled and stored in container systems which are located and enclosed in a manner to screen them from view.

         E.   Provision shall be made for an Emergency Medical Service drive or zone.

         F.   In addition to the requirements of Section 1111.02(c), a Site Development Plan for any site plan, shall be submitted to the Planning Commission. The plan for senior citizen and physically handicapped housing shall set forth:

            1.   Natural scenic characteristics preserved.

            2.   Recreational, educational and social facilities of the development.

            3.   Pedestrian and bicycle access to neighborhood facilities, parks and scenic areas.

            4.   Building architectural design and construction materials.

   (d)   Financial Establishments with Drive-Thru Facilities.

      (1)   Minimum lot area: Uses with drive-in facilities shall have a minimum lot area sufficient to accommodate building, required yards, landscaping, parking and circulation requirements.

      (2)   Setbacks and screening:

         A.   Drive-in windows or lanes shall be located at least 50 feet from any residential property. A solid wood fence, hedge or masonry wall at least six feet in height shall be provided where a drive-in window is located adjacent to residential property and is not required as part of the Landscaping Standards in Chapter 1173.

      (3)   Off-street parking and circulation:

         A.   Stacking space and parking shall meet the standards set forth in Chapter 1171. Required stacking spaces shall not block or otherwise interfere with site circulation patterns.

         B.   Customer/employee parking shall be separated from driving activities and customer parking shall be located near the area with the highest accessibility to the principal building.

         C.   The circulation system shall provide continuous traffic flow with efficient movement throughout the site. Conflict between major pedestrian movement and vehicular circulation shall be minimized.

   (e)   Animal Hospitals Including Veterinary Clinics.

      (1)   Care and boarding shall be limited to small domestic animals and may not include cattle, horses or swine.

      (2)   Minimum lot area and setback: The minimum lot area for an animal hospital, veterinary clinic or kennel shall be sufficient to accommodate building, required yards, parking, landscaping and circulation requirements. Any structure used for such purposes shall be at least 100 feet from an adjacent residential property.

      (3)   Operational standards:

         A.   All activities other than off-street parking, loading/unloading shall be conducted from a fully enclosed structure. This includes exercise runways.

         B.   Each structure shall be designed and maintained in a manner to prevent the development of unsanitary conditions.

         C.   Rooms intended to accommodate animals shall be insulated, or otherwise soundproofed and vented so animal noises will not be audible at any point on the perimeter of the property.

   (f)   Wireless Telecommunication Facilities.

      (1)   Minimum lot area: The minimum required by the zoning district, but not less than one (1) acre.

      (2)   Setbacks: Equal to the height of the tallest structure, but in no case less than zoning district requirements. The setback requirement based on height is not applicable when the proposed facility is constructed on or in an existing structure and does not extend more than 20 feet above the existing structure.

      (3)   Height: The maximum height of a tower shall be 150 feet including the antenna. The Planning Commission may allow the maximum height to increase to 200 feet to accommodate co-location. Equipment shelters shall meet district standards.

      (4)   Screening: Perimeter landscaping would be required around fencing at the base of the tower and around any building or equipment. The landscaping should have a year round opacity of 75%. A six foot minimum height would be required at installation for landscaping around the base of a tower. the Planning Commission may elect, in certain instances, to accomplish screening by materials other than landscaping.

      (5)   Parking and access: A paved access drive and one paved parking space for a service vehicle.

      (6)   Lighting. On site: Cutoff style fixtures for control of light spread. On tower: None, unless required by the Federal Aviation Administration (FAA).

      (7)   Color: The tower shall be painted a non-contrasting gray or similar color to minimize its visibility unless otherwise required by the Federal Communications Commission (FCC) or Federal Aviation Administration (FAA).

      (8)   Emissions: Emissions standards for electromagnetic fields must be in compliance with current and future Federal Communication Commission (FCC) standards.

      (9)   Co-location: All approved installations must allow other providers to co-locate on the same pole to the extent technologically feasible at a reasonable and competitive market rate. All requests for new installation must demonstrate that there is no available space on existing towers or other suitable support structure within the established service area. New installations on an existing permitted tower are exempt from the conditional use process and may proceed with a standard building permit approval.

      (10)   Construction: All new towers shall be constructed to be capable of accommodating at least one additional wireless communication installation for another service provider.

      (11)   Removal: The applicant or any subsequent owner of the facility will remove it within 90 days of obsolescence or abandonment. Obsolescence is defined as being replaced by new technology. Abandonment would occur when the provider is no longer operating a viable telecommunication network using this facility.

      (12)   Design: Preference will be given to monopole construction. Only monopole construction would be allowed in residential districts.

      (13)   Signage: No signage or advertising is to be displayed on the tower structure.

(Ord. 97-46. Passed 5-20-97.)

   (a)   As part of the request for rezoning to a Planned Office District, a Preliminary Plan must be submitted to the Planning Commission along with the text of all applicable development standards. City Council must approve the zoning change, Preliminary Plan and Development Standards Text. A Zoning Certificate will not be issued for any site or sites until a Development Plan is approved by the Planning Commission and found in conformance with the adopted Preliminary Plan and Development Standards.

      (1)   Preliminary Plan. The Preliminary Plan is a conceptual plan submitted at the time of a request for rezoning generally describing the proposed uses for the site to be rezoned and their relationship with surrounding properties and uses. The Preliminary Plan should contain the following elements:

         A.   A topographic map of the site and adjacent property showing existing natural features including wooded areas and major trees. A description of how the proposed development was planned to utilize the existing site, identifying changes to the existing site grading and noting major trees that will be removed as part of the proposed development.

         B.   A schematic plan showing the general development of the tract, location of existing and proposed structures, parking lot layout and other development features including the location of all out parcels.

         C.   An engineering feasibility statement in sufficient detail to indicate how the proposed development will be serviced with water, sanitary sewer and storm drainage facilities.

         D.   The proposed traffic circulation pattern showing public and private streets and other transportation facilities, including major pedestrian routes, with evidence through a traffic study that the proposed development will not adversely impact existing transportation facilities.

         E.   A conceptual landscaping plan that shows the ability of the proposed development to meet all aspects of Chapter 1173.

         F.   A proposed schedule of phasing of development of the site.

         G.   Evidence that the applicant has sufficient control over the land to accomplish proposed and required land improvements.

         H.   Any additional information required by the Planning Commission necessary to determine that the proposed development meets the intent and purposes of the Planned Office District.

      (2)   Development Standards Text. A Development Standards Text shall be submitted as part of the Preliminary Plan and shall, through narrative and graphics, as necessary, detail the development standards to be applied to the development concept described in the Preliminary Plan. The Development Standards Text should clearly identify any standard that is less than the standards established by this Chapter. These modifications shall be justified by fully stating what adjustments, amenities or other compensations are provided as part of the Preliminary Plan to offset the use of reduced standards and by demonstrating how the modified standards will result in the best possible development for the site. Unless specifically modified by the Development Standards Text, the standards established by this Chapter shall apply to the proposed development.

      (3)   Development Plan. Following approval of the Preliminary Plan, and prior to issuance of a Zoning Certificate, a Development Plan shall be submitted to the Planning Commission for all or part of the area defined in the Preliminary Plan. The Development Plan is a detailed Site Plan which shall contain the following information and adhere to the Development Standards Text approved as part of the Preliminary Plan:

         A.   Site survey: On a survey show boundary information, existing and proposed development, existing and proposed topography, existing and proposed easements, rights-of-way and utilities.

         B.   Setbacks: The Site Plan shall indicate building, service areas, parking lot and signage setbacks including front yard, rear yard and side yard areas and shall be in accordance with the approved Development Standards Text.

         C.   Modifications of Development Standards Text: Any desired modifications of the Development Standards Text approved as part of the Preliminary Plan shall be so indicated in a modified Development Standards Text document.

         D.   Height requirements: Maximum height requirements, including mechanical areas, parapets, etc. shall be made per the Development Standards Text requirements and shown on building front, rear and side elevation drawings.

         E.   Parking and loading: All parking and loading spaces shall be shown including typical dimensions of parking stalls, aisles and loading spaces, size, number of spaces and general location shall also be governed by the Development Standards Text.

         F.   Waste and refuse: Handling of all waste and refuse materials shall be indicated and described by the Development Standards Text to include appropriate screening and type of containerization.

         G.   Circulation: All major circulation routes, including arterials, adjacent curb cuts, collector and local streets shall be indicated including rights-of-way, dimensions, pavement widths and intersection improvements. All driveways/curb cuts shall be indicated, including major aisle ways and service routes. Major pedestrian circulation routes shall also be indicated including dimensions of path and pedestrian crossings, etc. plus any attempts at separating vehicular and pedestrian/recreation movement.

         H.   Landscaping: As part of the Development Plan, proposed landscaping shall be shown including the general landscaping pattern and type of materials, mounding and fencing. Landscaping may vary in density, spacing and other treatment to reflect variations of topography, existing landscaping or adjacent land uses and conform to Chapter 1173, Landscaping. Landscape features shall be shown as well as planting dimensions, height, caliper and type of plant materials per the Development Standards text.

         I.   Signage and graphics: All signage and graphics shall comply with the Development Standards Text. Letter and other graphic size, sign material, shape, color and illumination (internal only) shall be indicated. This includes dimensions of all ground and wall signage as well as distances from rights-of-way and intensity of illumination. Directional signage shall also be indicated.

         J.   Lighting: All exterior lighting fixtures shall be shown including parking lot lighting, street walkway or pedestrian lighting, walkway accent lighting and building accent lighting. Lighting intensity and installation height shall be indicated.

         K.   Fencing: All fences shall conform to the Development Standards Text and appropriate materials, heights, location and style indicated.

         L.   Architectural treatment: As part of the Development Plan, front, rear and side building elevations shall be shown in accordance with the Development Standards Text indicating building material, color and height. Color material samples shall also be made available for inspection.

(Ord. 95-36. Passed 6-20-95.)

   (a)   Preliminary Plan. The basis for the approval of the Preliminary Plan shall be:

      (1)   That the proposed development is consistent in all respects with the purpose intent and applicable standards of the Zoning Ordinance.

      (2)   That the proposed development is in conformity with appropriate comprehensive planning or portion thereof as it may apply.

      (3)   That the acceptability of setbacks, distances between buildings, yard space, suitability of open space systems, traffic accessibility and other elements having a bearing on the overall acceptability of the Development Plan shall contribute to the orderly development of land within the City.

      (4)   That any modifications or minimum development standards established by the Planning and Zoning Code are properly identified and adequately justified in the Development Standards Text as necessary to insure a higher quality development.

      (5)   That the proposed development is in conformity with any design or site planning guidelines adopted by the Planning Commission.

      (6)   That the plan provides for the coordination or integration of individually designed buildings into one planned district.

   (b)   Development Plan. Basis for approval of a Development Plan shall be:

      (1)   That the plan is complete in all respects relative to the requirements set forth in Section 1156.06(a).

      (2)   That any modifications of the Development Standards Text approved as part of the Preliminary Plan support and enhance the purposes and intent of the Planning and Zoning Code, any applicable comprehensive planning programs and any design or site planning guidelines adopted by Planning Commission.

      (3)   That all engineering issues have been resolved to the satisfaction of the appropriate City agency and that final approval of the Development Plan is subject to the acceptance of final engineering of all phases of the development.

(Ord. 95-36. Passed 6-20-95.)

   (a)   Submission of application for Preliminary Plan.

      (1)   Prior to filing an application for rezoning to a Planned Office District, the applicant shall meet with staff in a pre-application review meeting to discuss the requirements for a Preliminary Plan and Development Standards Text which are required as part of the rezoning request.

      (2)   The applicant shall submit the rezoning application along with the required number of copies of the proposed Preliminary Plan and Development Standards Text in accordance with the submission schedule established by the Planning Commission. In order to defray the cost of examination of the rezoning application and the Plan and Text and review by the Planning Commission, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council. Staff shall circulate the Preliminary Plan and other comments to appropriate departments in the City for review and comment.

      (3)   Once the applicant has submitted a completed application in accordance with the submission schedule, staff shall submit the application to the Planning Commission for their review and action, which shall be accomplished within a reasonable time. It shall be the duty of Planning Commission to review the Plan and determine whether it complies with the regulations of this Chapter. Planning Commission will forward recommendations to City Council.

      (4)   A Preliminary Plan shall be valid for five years after City Council approval. Construction of any phase of the development must begin within this period or a new Preliminary Plan is required.

   (b)   Submission of Development Plan.

      (1)   Prior to filing for Development Plan approval, the applicant shall meet with the Westerville Planning staff to review the Development Plan relative to the previously approved Preliminary Plan and Development Standards Text as well as procedures for approval.

      (2)   The applicant shall submit an application to the City including the required number of copies of the proposed Development Plan, Development Standards Text modification if appropriate, and any other required information in accordance with the submission schedule of the Planning Commission. In order to defray the cost of examination of the materials and review by the Planning Commission, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council.

      (3)   It shall be the duty of the Planning Commission to review the plan and determine whether it complies with the regulations of this Chapter. Such determination shall be made within a reasonable time. If the Planning Commission finds that the Development Plan complies in all respects with the regulations of this Chapter and the previously approved Preliminary Plan and Development Standards Text, the Commission shall approve the plan. With the approval of the Planning Commission, minor modifications of the approved preliminary plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning Commission determines that such proposed changes significantly alter the approval plan, it is considered to be a major change and the plan must be resubmitted to Council for approval.

      (4)   In the event that the Planning Commission does not approve the plan, each applicant shall be notified in writing of the reason for disapproval or modification along with the decision of the Planning Commission. Decisions of the Planning Commission disapproving the plan or approving it with minor modifications are appealable to City Council in accordance with the provisions of Section 1107.06(d).

   (c)   Conformance with the Development Plan. Development shall be in conformance with the Development Plan and construction of site improvements must be commenced within two years of Planning Commission or Council approval; otherwise no development of the land shall take place until a new Development Plan is approved pursuant to this section.

   (d)   Modification of the Development Plan. With the approval of the Planning Commission, minor modifications of the approved Development Plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning Commission determines that such proposed changes significantly alter the approved plan, it is considered to be a major change and the plan must be resubmitted to Council for approval. Development of land shall not proceed prior to final approval of the Development Plan. Any development undertaken without such final approval is in violation of this Zoning Ordinance and an abatable nuisance.

   (e)   Variances from Development Standards. The Planning Commission and/or City Council may approve variances from the Development Standards of this Chapter as part of the Development Standards Text and Development Plan. These variances shall be consistent with the intent of this zoning district. No action by the Board of Zoning Appeals is required for these variances.

(Ord. 01-81. Passed 1-15-02.)