Prior to the adoption of Ord. 20238 on 04/20/2009, Section 29-13.1 read as follows.


    (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 district are:

    (1)    To allow certain office uses in locations where a broad range of office uses might be inappropriate.

    (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 regulations of district R-3).

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 halfway 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, companies, corporations; and social, philanthropic, eleemosynary, or governmental organizations or societies.

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 and 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 temporary shelter.

(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 protective inspection division of the public works 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.

    (c) 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.

    (d) Standards and Criteria. The following standards and criteria shall apply to all O-P developments:

    (1)    Lot size. No minimum requirement.

    (2)    Yards. Yards shall be provided as follows:

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 zoned district.

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.

    (3)    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 .

    (4)    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.

    (5)    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 lesser 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 lesser requirement is deemed appropriate.

         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 as 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.

(6)    Screening 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.

The applicant may request or the commission may recommend and the council may approve less stringent screening and landscaping requirements if, after considering topography, surrounding uses and other relevant factors, less stringent screening and landscaping requirements are deemed appropriate.

    (7)    Drainage. A drainage system shall be designed to minimize the possibility of soil erosion and flood damage.

    (8)     Access and 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 applicable 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 from other 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: “All 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 by the city for maintenance until they have been improved to minimum city standards for public streets.”; and

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 with 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.

    (e) Procedure for review and approval of O-P zoning.

    (1)    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 director of planning and development and the developer to discuss land use and development concepts, applicable regulations, and other concerns that may be raised.

    (2)     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 proposed development.

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 development plan.

    (3)     The commission shall then hold a public hearing.  After the public hearing, the commission shall forward its recommendation to the council.

    (4)     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.

    ( 1 )     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.

     ( 2 )    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 subdivisions  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 street.

        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.

        k.    Signature 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; existing 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.

        m.    A conceptual landscaping plan  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 preservation areas)  which complies with the requirements of   Sec. 29-25 and  chapter 12A  may be submitted with the O-P development plan or at the time of application for a land disturbance or building permit .

        n.    The proposed location and general description of signs not attached to structures on the site.

        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 planning and 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 street right-of-way.

b.    The minimum distance between the edge of any driveway, parking area, loading area, trash 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 of sign 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.

    ( 4 )    Approval of the development plan shall be deemed as satisfying the requirements of the 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.

    ( 5 )    No building permit shall be issued until the development plan is approved by the council.

    ( 6 )    No building permit shall be issued until the property has been platted.

    ( 7 )     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 planning and development for compliance with the approved development plan.

    ( 8 )    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.

    ( 9 )    Minor adjustments to a development plan approved prior to November 18, 1996 may be authorized by the director of planning and development at his discretion. The director of planning and development shall notify the commission of any such changes.

   ( 10 )    Changes to a development plan approved prior to November 18, 1996, other than those considered minor by the director of planning and 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?

    ( 11 )     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 planning and development, 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 hearing before the planning and zoning commission.

    ( 12 )    The applicant may submit the development plan at the time of rezoning to O-P. Under 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 of 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 requested and 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 regulations.

    ( h ) Effect of Amendments to District O-P Regulations.

    ( 1 )    An approval final O-P plan shall not be required to comply with O-P regulations adopted after the plan was approved.

    ( 2 )    Buildings constructed in accordance with an approved final O-P plan are lawful conforming uses.

    ( 3 )    Proposed revisions to final O-P plans approved under regulations in effect before 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; Ord. No. 15471, § 1, 1-5-98; Ord. No. 16106, § 1, 8-2-99; Ord. No. 16816, § 1, 3-5-01; Ord. No. 17229, § 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)

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.