Section 29-17 District C-P, planned business district.
Prior to the adoption of Ord. 18464 on 04/04/2005, Section 29-17 read as follows.
(a) Purpose. The purpose of
district is to enable innovation and flexibility in design
and to promote environmentally sound and efficient use of land intended to provide for
commercial and recreational activities that warrant special consideration due to their scale or
potential impacts, or for certain sites due to their location or environmental characteristics.
major objectives of a C-P district are:
(1) To allow certain commercial uses in locations
where a broad range of commercial uses
might be inappropriate
promote flexibility in the design and location of structures.
(2) To encourage development of such scale and character
that it will be harmonious with
surrounding areas and minimize any adverse impacts
promote the efficient use of land and
facilitate a more economic arrangement of buildings, circulation systems, land uses and utilities.
(3) To ensure compatibility with surrounding
(4) To encourage a higher quality of landscaping
and sign control.
(b) Permitted Uses. In district C-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 C-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 or all of the permitted uses in district C-1.
One or more or all of the permitted uses in district C-3.
Amusement parks, commercial baseball or other athletic fields, race tracks or fairgrounds.
Commercial picnic grounds and fishing lakes.
Gun clubs and skeet, trap or target ranges.
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, residences,
other halfway houses and halfway houses for young offenders for not more than forty (40)
occupants (property zoned C-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).
Halfway houses for young offenders for not more than forty (40) 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, residences, halfway houses and other halfway houses for young offenders (property
zoned C-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).
Outdoor stage and concert facilities.
Plumbing, heating, air-conditioning, and electrical businesses, which may include related
customary activities such as contracting, retail and wholesale sales and distribution.
Research and development laboratories, provided there is minimal/insignificant use of hazardous
materials based on a risk assessment.
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
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 protective inspection
division of the
public works department stating maximum monthly occupancy level and support services
provided by the shelter.
Travel trailer parks.
Warehousing and distribution facilities provided such facilities are ancillary to other allowed
uses in the C-P District.
The owner of property zoned C-P may apply for a change in the permitted
use or uses of the
property. Such application shall be treated as a request for rezoning.
(c) Conditional Uses. The following uses shall be permitted in
district C-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 C-P
(1) Lot size. No minimum requirements.
(2) Yards. Yards shall be provided as follows:
deemed necessary, based on the
characteristics of each individual proposal, to provide compatible development.
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.
2. The side yard abutting a residential zoned district shall not be less than
ten (10) feet.
3. 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.
applicant may request or the commission may recommend and the council may
approve a lesser minimum yard.
(3) Building height. No specific maximum; however,
height shall be compatible
with the surrounding area there shall be one (1) additional foot of rear yard and interior
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 lesser building setback.
(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
different parking requirement if, after considering the proposed use, the availability
parking in the area (including parking on non-residential public streets) and other relevant
factors, a lesser different 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
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 (80) per cent year around
and, if landscaping is used, the eighty (80) per cent 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
landscaping and screening 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
(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
minimum city standards for private streets;
b. The streets will serve two 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
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
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
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 C-P zoning
(1) The first step in 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 C-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 C-P development:
a. The uses proposed.
b. The maximum gross square feet of building floor area proposed.
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 C-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 C-P
23) The applicant shall prepare
and submit a request for C-P zoning to the commission for
its review. The commission shall then hold a public hearing.
34) After the public hearing,
the commission shall forward its recommendation to the
45) The council, after a public
hearing, shall approve, approve with conditions, or
disapprove take final action on the C-P zoning request. An ordinance placing
property in district
C-P and shall specify the uses allowed. Prior to a vote on an ordinance
placing property in district C-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
a C-P development plan.
51) 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 conduct a public hearing and take action to approve,
approve with conditions or disapprove on the plan.
62) The development plan submittal
shall include the following:
a. The name of the C-P development.
b. A north arrow, scale, small
location map of the site, 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
e. The location of
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.
k. 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
submitted with the C-P development plan or at the time of application for a land disturbance or
l. A conceptual storm
water management plan showing critical environmental areas such
as streams, lakes, ponds, and wetlands; 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 C-P development plan or at the time of application for a land
disturbance or building permit
, which shall include provisions for erosion control during
m. Signature blocks for commission
and council approvals on all exhibits considered part
of the development plan.
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.
73) In addition to the above,
an C-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 C-P development plan. The design parameters shall
be in the form of a letter and shall include the following:
a. The maximum gross square footage of building
floor area on the site.
ba. The minimum distance between
any building and any adjacent property line or street
c. The maximum height of any building on the
db. 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.
e. The minimum per centage of the site to be
maintained in open space.
fc. The maximum number of freestanding
signs on the site, the maximum square footage of
sign surface area and maximum height of each.
gd. The minimum percentage of
the site to be maintained in open space shown by the percent
in landscaping and the percent left in existing vegetation.
e. The maximum height and number of light poles and
type of fixtures.
The design parameters shall become part of the ordinance
approving the C-P development
84) 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.
95) No building permit shall
be issued until the development plan is approved by the
106) No building permit
shall be issued until the property has been platted.
117) 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.
128) 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.
139) 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.
1410) 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
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?
1511) Changes to a development
plan approved after November 18, 1996, may be made to
an approved C-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 C-P development plan with required public hearings before the planning
and zoning commission and city council.
1612) The applicant may
submit the development plan at the time of rezoning to C-P.
Under this option, the development plan will be considered as part of the rezoning request.
(g) Simplified C-P Zoning. An
application may be submitted for a simplified C-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 C-3 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 C-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.
fh) Effect of Amendments to District C-P Regulations.
(1) A developer whose preliminary C-P plan was
approved prior to December 17, 1990, may
elect to have the final C-P plan for the development reviewed under the C-P regulations (section
29-17) in effect on December 16, 1990. This election shall be available for only final C-P plans
filed with the director of planning and development prior to December 17, 1991. Final C-P plans
filed on or after December 17, 1991, shall be subject to the C-P regulations in effect at the time
21) An approved final C-P plan
shall not be required to comply with C-P regulations adopted
after the plan was approved.
32) Buildings constructed in
accordance with an approved final C-P plan are lawful
43) Proposed revisions to final
C-P plans approved under regulations in effect before
December 17, 1990, shall be reviewed under the procedural provisions of this section.
(Code 1964, § 19.165; Ord. No. 9958, § 1, 10-3-83; Ord. No. 10513, § 1, 4-1-85; Ord.
§ 2, 2-1-88; Ord. No. 12821, § 1, 12-17-90; Ord. No. 12781, § 1, 2-18-91; Ord. No. 13058,
§ 1, 8-19-91; Ord. No. 13098, § 1, 9-3-91; Ord. No. 13543, § 1, 12-21-92; Ord. No. 15053,
§ 1, 11-18-96; Ord. No. 15448, § 1, 12-1-97; Ord. No. 15471, § 1, 1-5-98; Ord. No. 16106,
§ 1, 8-2-99; Ord.
No. 16816, § 1, 3-5-01; Ord. No. 17116, § 1, 12-17-01; Ord. No. 17229, § 1, 3-18-02;
17575, § 1, 2-3-03; Ord. No. 17667, § 1, 5-5-03)