Chapter 29 ZONING*
Section 29-13.1 District O-P, planned office district.
(a) Purpose. The purpose of this
district is to enable innovation and flexibility in design
and to promote environmentally sound and efficient use of land. The major objectives of an O-P
(1) To allow certain office uses in locations where
a broad range of office uses might be
(2) To encourage development of such scale and character
that it will be harmonious with
surrounding areas and minimize any adverse impacts.
(b) Permitted uses. In district O-P, no building, land or
premises shall be used and no building
shall be hereafter erected, constructed, reconstructed or altered except for one or more of the uses
allowed by the ordinance placing the property in District O-P (for exceptions, see section 29-28,
nonconforming uses, and section 29-31, board of adjustment). The commission shall recommend
and the council, at the time of rezoning, shall designate the use or uses allowed for the applicant's
property from the following uses:
One or more of the permitted uses in district R-3 (subject to the height and area
Banks, other financial institutions, and travel agencies.
Buildings and premises for public utility services or public service corporations.
Counseling centers operated by charitable or not-for-profit organizations; excluding
houses or any use connected with penal or correctional institutions.
Drive-up facilities incidental to any permitted uses.
Funeral homes, with or without a mortuary.
Halfway houses for not more than fifteen (15) occupants, provided that the council
finds that the
proposed use would not be detrimental to the public interest considering the size and character of
the proposed facility and its proximity to schools, churches, mosques, synagogues, single-family
residences and other halfway houses. (Property zoned O-P before March 18, 2002, the date on
which this use was added to this section, may not be used for a halfway house unless the council
passes an ordinance changing the permitted uses of the property to include halfway houses.)
Hospitals for human beings, medical or dental clinics, sanitariums, and medical laboratories.
Hospitals for small animals, if within an enclosed building.
Office buildings used for the administrative functions of businesses, professions,
corporations; and social, philanthropic, eleemosynary, or governmental organizations or
Offices for professional and business use involving the sale or provision of services,
but not the
sale or rental of goods, including, but not limited to:
(1) Artists, sculptors, photographers.
(2) Authors, writers, composers.
(3) Lawyers, engineers, planners,
architects, real estate agents, accountants, insurance
agents, brokers, and consultants in similar professions.
(4) Ministers, rabbis, priests, or
other clergy members.
(5) Physicians, dentists, chiropractors,
or other licensed medical practitioners.
(6) Seamstresses, tailors.
(7) Teachers of private lessons in
art, music, or dance.
Research and development laboratories, provided there is minimal/insignificant use of hazardous
materials based on a risk assessment.
Residential care facilities.
Schools operated as a business within an enclosed building, except trade schools
which offer retail goods or services to the public.
Temporary Shelter, subject to the following.
(1) A zoning petition for a temporary shelter shall include information about the size and design
of the structure, population groups served, length of stay permitted, maximum design capacity
and support services provided. These items shall be used to determine if the facility is
appropriate for the neighborhood.
(2) A temporary shelter shall not be located within one
thousand (1,000) feet of another
(3) The minimum lot area for a temporary shelter shall be 7,500 square feet.
If a proposed
temporary shelter structure is larger than 2,500 square feet of gross floor area there shall be
provided an additional 1,500 square feet of lot area for each additional 500 square feet of gross
floor area within the structure.
(4) The shelter shall submit a semi-annual report to the
building and site development
department stating maximum monthly occupancy level and
support services provided by the shelter.
Customary accessory uses subject to the provisions of section
29-27, accessory uses.
The owners of property in district O-P may apply for a change
in the permitted uses of their
property. Such applications shall be treated as requests for rezoning.
Property in district O-P on September 15, 1996, may be used
for any use permitted in district
O-P by the provisions of this subsection in effect on September 15, 1996.
Conditional uses. The following uses shall be permitted in district O-P only after the
issuance of a conditional use permit pursuant to the provisions of section 29-23:
Communication antennas and towers, subject to the provisions of section 29-21.3.
Standards and Criteria. The following standards and criteria shall apply to all O-P
Lot size. No minimum requirement.
Yards. Yards shall be provided as
a. Front - Not less than twenty-five (25) feet from collector and arterial streets
and fifteen (15)
feet from all other streets.
b. Rear - None, except not less than ten (10) feet when abutting a residential
c. Side None, except that:
1. On corner lots the side yard shall be not less than twenty-five (25) feet
adjacent to collector
and arterial streets and not less than fifteen (15) feet from all other streets, and
2. The side yard abutting a residential zoned district shall not be less than
ten (10) feet.
There shall be no setback required from a common area as long as the common area is at least as
wide as the required yard. The applicant may request or the commission may recommend and
the council may approve a lesser minimum yard.
Building height. No specific maximum; however,
there shall be one additional foot of
rear yard and interior side yard setback provided above the required minimum for each additional
foot of height for buildings over forty-five (45) feet tall abutting a residential zoned district. The
applicant may request or the commission may recommend and the council may approve a greater
maximum building height
Vision clearance. On any corner lot no wall, fence, sign or other structure or no plant
growth of a type which would interfere with traffic visibility across the corner shall be permitted
or maintained higher than three (3) feet above the curb level, within fifteen (15) feet of the
intersection of the street right-of-way lines.
Parking and loading. The provisions of section 29-30, off-street parking and loading,
shall apply, except that the commission may recommend and the council may approve a
parking requirement if, after considering the proposed use, the availability of other parking in the
area (including parking on public streets) and other relevant factors, a
The commission may also recommend and the council may allow some of the required
parking to be deferred. This shall be done by noting such parking spaces on the plan as future
parking if needed. The future parking spaces may be placed within landscaped areas, as long
the landscaped areas are in excess of the 15% minimum of the site which is required to be in
landscaping. The property owner shall establish additional parking spaces in the future
parking area when directed to do so by the city council.
and landscaping. The provisions of Sec. 29-25 shall apply
. A permanent screen consisting of a masonry wall,
wood fence, landscaping material, or combination thereof, at least eight (8) feet in height and,
when a fence is used, not to exceed twelve (12) feet in height, shall be required where a lot in
this district abuts residentially zoned land. The required screening shall have an opacity of at
least eighty percent (80%) year around and, if landscaping is used, the eighty percent (80%)
opacity and eight-foot minimum height shall be achieved within four (4) full growing seasons. In
the event a masonry wall or wood fence is used, landscaping shall be placed between the wall or
fence and the property line to form an ornamental screen. The required screening and
landscaping shall be maintained in good order and not allowed to exist in a state of disrepair or
death. If wood fencing is used, it shall be durable in nature and treated to prevent rapid
deterioration. Failure to maintain the required screening and landscaping shall be considered a
violation of this chapter.
applicant may request or the
commission may recommend and the council may approve less
requirements if, after considering topography, surrounding
uses and other relevant factors, less stringent screening
requirements are deemed
Drainage. A drainage system shall be designed to minimize the possibility of soil erosion
and flood damage.
Circulation. The traffic circulation system shall provide for the safe,
convenient and efficient movement of goods and people with a minimum of conflict between
various modes of travel.
The streets within the proposed development shall be public and within
a public right-of-way, except private streets may be permitted under the following conditions:
a. The streets shall be designed, constructed, and maintained according to any
minimum city standards for private streets;
b. The streets will serve two (2) or more lots or property in multiple ownership;
c. The private streets do not provide the only vehicular access to public streets
property located outside the development;
d. The streets shall be located in designated common areas which shall be platted
as a separate
lot or lots;
e. A notation shall be written on the approved plan and recorded plat which reads:
maintenance of the private streets shown on this plat shall be the responsibility of the owners
association or abutting property owners. No private streets shall be dedicated to nor accepted
the city for maintenance until they have been improved to minimum city standards for public
f. The street signs for private streets shall indicate private street
so as to distinguish them
from public streets.
Provisions shall be made for pedestrian travel within the development and shall connect
existing pedestrian systems or allow for future extensions to activity centers outside the
development (i.e., schools, parks, shopping areas, etc.).
Sidewalks shall be required along
private streets as they would be required for public streets, except no sidewalks shall be required
on the side of a street without any buildings or driveways.
(9) Signs. The provisions of Chapter 23 shall apply, except that
the requirements pertaining
to area, height, placement and number of freestanding signs and on-premise wall, canopy and
awning signs shall be as approved by the council as part of the development plan.
Procedure for review and approval of O-P zoning.
The first step in the approval process should be a concept review to discuss and
document the proposal. The concept review is an informal discussion and review between the
development and the developer to discuss land use and development
concepts, applicable regulations, and other concerns that may be raised.
The second step shall be the submission of a request for rezoning to O-P. Rezoning shall
be done in accordance with Sec. 29-34 and shall be accompanied by a statement of intent. The
statement of intent shall be a letter, signed by the applicant or his agent, containing the following
information about the proposed O-P development:
a. The uses proposed.
b. The maximum gross square feet of building floor area proposed.
c. The maximum building height proposed
d. The minimum percentage of the site to be maintained in open space.
At the discretion of the applicant, the statement of intent may include other aspects of the
The statement of intent shall become part of the ordinance approving the O-P zoning and shall be
binding upon the owners, their heirs and assigns until such time as the council shall release such
limitations on the use of the subject property under the procedures provided herein. The
statement of intent is also intended to provide guidance for any future revisions to the O-P
The commission shall then hold a public hearing. After the public hearing, the
commission shall forward its recommendation to the council.
The council shall approve, approve with conditions, or disapprove the O-P zoning
request. An ordinance placing property in district O-P shall specify the uses allowed. Prior to a
vote on an ordinance placing property in district O-P that contains conditions, the applicant shall
be given an opportunity to:
a. Accept the conditions; or
b. Request a modification of the conditions; or
c. Request that the application be voted on without conditions; or
d. Request that the application be disapproved; or
e. Withdraw the application.
(f) Procedure for review and approval of an O-P development plan.
After council approval of the rezoning, the applicant shall submit a development plan for
review and approval by the commission. The development plan shall be processed in the same
manner as a rezoning request. Advertising costs shall be at the applicant's expense. After the
public hearing, the commission shall forward the development plan to the council with its
recommendation. The council will then take action to approve, approve with conditions, or
disapprove the plan.
) The development plan submittal shall include the following:
a. The name
of the O-P development.
b. A north
arrow, scale, small location map, and the size of the site to the nearest one-tenth
(0.1) of an acre.
c. The name
and address of the record owners of the land.
d. Names of
adjacent property owners of unsubdivided land and the names of adjacent
and the zoning of adjacent property
e. The location
of the boundary lines of the site in relation to any section line or quarter-section line and any corporate
boundaries immediately adjacent.
f. The existing
topography of the site with contour intervals no greater than five (5) feet,
and the specific location of the one-hundred-year floodplain, if applicable.
g. The location
and height of all buildings. The minimum distance from buildings to
perimeter property lines shall be shown or stated on the plan.
h. The location
and number of parking spaces, drives, walkways, and the parking ratio.
i. The location
and width of existing street rights-of-way, alleys, roads, railroad rights-of-way and recorded easements;
and the proposed location, width, name and grade for any new
j. The location
and size of existing and proposed sanitary sewers, water mains, storm
sewers and natural gas mains within or adjacent to the site and any proposed easements.
blocks for commission and council approvals on all exhibits considered part
of the development plan.
l. A conceptual
storm water management plan showing critical environmental areas such
as streams, lakes, ponds, and wetlands;
proposed stream buffer limits, if applicable;
streets, utilities and drainage structures; proposed stormwater management facilities and
structures; and the location, type and approximate size of any proposed on-site detention and
specifying the design storms that will be met. A stormwater management plan which complies
with city requirements, including Chapter 12A, may be submitted with the O-P development plan
or at the time of application for a land disturbance or building permit.
showing the areas to be landscaped or preserved, the
general types of landscaping materials (trees, shrubs, lawn, etc.) proposed for each area, and the
percent of the total site to be landscaped or preserved. A landscaping plan (including any tree
which complies with the requirements of
Sec. 29-25 and
submitted with the O-P development plan or at the time of application for a land disturbance or
n. The proposed
location and general description of signs not attached to structures on the
o. The proposed
type and location of all on-site lighting.
(3) In addition to the above, an O-P development plan submittal shall include
a set of design
parameters which the director of
development shall use as guidance when
considering future revisions to an approved O-P development plan. The design parameters shall
be in the form of a letter and shall include the following:
a. The minimum distance between any building and any adjacent property line or
b. The minimum distance between the edge of any driveway, parking area, loading
storage area and any adjacent property line or street right-of-way.
c. The maximum number of freestanding signs on the site, the maximum square footage
surface area and maximum height of each.
d. The minimum percentage of the site to be maintained in landscaping.
e. The maximum height and number of light poles and type of fixtures.
The design parameters shall become part of the ordinance approving the O-P development plan.
) Approval of the development plan shall be deemed as satisfying the requirements
subdivision regulations for a preliminary plat, provided all those requirements have been met.
Any variances to the subdivision regulations proposed as part of the development plan shall be
stated clearly on the development plan. Such variances shall be considered along with
commission and council review of the development plan.
) No building permit shall be issued until the development plan is approved by
) No building permit shall be issued until the property has been platted.
No building or footing and foundation permit shall be issued until the site plan filed with the
application for a building permit has been reviewed by the director of
for compliance with the approved development plan.
) From and after two (2) years following the date of approval of a development
plan by the
council, the council, may, by a majority vote, withdraw approval of such development plan,
provided development has not commenced.
Minor adjustments to a development plan approved prior to November 18, 1996 may be
authorized by the director of
development at his discretion. The director of
development shall notify the commission of any such changes.
Changes to a development plan approved prior to November 18, 1996, other than those
considered minor by the director of
development, shall be submitted to the
commission for a public hearing. The public hearing shall follow the same procedures outlined
herein for a development plan. If, after the public hearing, the change is considered to be in
substantial compliance with the approved development plan, the commission may approve the
revision. If, however, the change is considered to be a substantial deviation from the approved
development plan, the commission may recommend to the council that a revised development
plan be required. The council shall then take action on the proposed revision without a public
hearing. If the council determines that the proposed change is a substantial deviation from the
approved development plan, a revision to the development plan shall be required. This revision
shall be processed in the manner herein described for development plans. Advertising costs shall
be at the applicant's expense. The revised plan shall not be approved unless findings determined
by the council are reflected on the plan. In determining whether or not the change is a substantial
deviation from the approved development plan, the commission and council may use, but are not
limited to, the following criteria:
a. Is there
an increase or decrease in land use intensity such as building height, size or
increase in parking area?
b. Is there
a rearrangement of or change in the number of buildings?
c. Is there
a change in public or private infrastructure?
d. Is there
a change in amenities being proposed, such as landscaping or open space?
Changes to a development plan approved after November 18, 1996, may be made to an
approved O-P development plan subject to approval by the director of
provided that any such changes are within the limits set forth in the approved design parameters.
Any proposed changes which exceed the limits of the design parameters shall be processed as a
new O-P development plan with the required public hearings before the planning and zoning
) The applicant may submit the development plan at the time of rezoning to O-P.
this option, the development plan will be considered as part of the rezoning request.
g. Simplified O-P Zoning. An application may be submitted for a
simplified O-P District
provided the application complies with the following conditions:
(1) There shall be no new development proposed on the site, including the construction
any new buildings or parking areas, the expansion of any existing buildings or parking areas, or
the construction of any new streets, except however, existing signs may be replaced with new
signs which comply with the requirements of the O-1 district.
(2) The requirements of subsection (d) are met, unless a specific exception is
approved by the council.
The procedure for review and approval of O-P zoning shall be the same as herein provided under
subsection (e), except that a development plan and design parameters shall not be required.
A preliminary plat or final plat may be required as provided by the subdivision
) Effect of Amendments to District O-P Regulations.
) An approval final O-P plan shall not be required to comply with O-P regulations
after the plan was approved.
) Buildings constructed in accordance with an approved final O-P plan are lawful
) Proposed revisions to final O-P plans approved under regulations in effect
December 17, 1990, shall be reviewed under the procedural provisions of this section.
(Ord. No. 11236, § 1, 10-6-86; Ord. No. 117-2, § 1, 12-7-87; Ord. No. 12821,
§ 1, 12-17-90; Ord.
No. 13058, § 1, 8-19-91; Ord. No. 14981, § 1, 9-16-96; Ord. No. 15053, § 1, 11-18-96;
15471, § 1, 1-5-98; Ord. No. 16106, § 1, 8-2-99; Ord. No. 16816, § 1, 3-5-01; Ord. No.
1, 3-18-02; Ord. No. 17575, § 1, 2-3-03; Ord. No. 17667, § 1, 5-5-03; Ord. No. 18464, §
1, 4-4-05; Ord. No. 19343, § 3, 1-2-07
; Ord. No. 20181; § 1, 2-2-09
; Ord. No. 20238, § 1, 4-20-09
No. 21095, § 13, 9-19-11)
Editor's note - Ord. No. 20181, § 1, adopted February 2, 2009, which amended section 29-13.1
above, shall be in full force and effect from and after March 1, 2009.
(Ord. 21095, Amended, 09/19/2011, Prior Text; Ord. 20238, Amended, 04/20/2009, Prior Text; Ord. 20181, Amended, 02/02/2009, Prior Text; Ord. 19343, Amended, 01/02/2007, Prior Text; Ord. 18464, Amended, 04/04/2005, Prior Text; Ord. 17667, Amended, 05/05/2003, Prior Text; Ord. 17575, Amended, 02/03/2003, Prior Text; Ord. 17229, Amended, 03/18/2002, Prior Text; 16816, Amended, 03/05/2001, Prior Text; 16106, Amended, 08/02/1999, Prior Text; 15471, Amended, 01/05/1998, Prior Text)