Section 29-17 District C-P, planned business district.
Prior to the adoption of 17116 on 12/17/2001, Section 29-17 read as follows.
(a) Purpose. This district is 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. The major objectives of a C-P district are:
(1) To promote flexibility in the design and location
(2) To promote the efficient use of land and to facilitate
a more economic arrangement of
buildings, circulation systems, land uses and utilities.
(3) To ensure compatibility with surrounding areas.
(4) To encourage a higher quality of landscaping and
(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.
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.
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. Except as provided in section 29-21.3 there shall
be no conditional uses
in district C-P and the board of adjustment shall have no power to grant any conditional use
permit for any property in district C-P.
(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 deemed necessary,
based on the characteristics of each
individual proposal, to provide compatible development.
(3) Building height. No specific maximum; however,
building height shall be compatible
with the surrounding area.
(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.
a. For shopping centers, the
parking requirement shall be as follows: In any district C-P
there shall be off-street customer parking space for motor vehicles provided at a ratio of at least
seven (7) parking spaces for each one thousand (1,000) square feet of gross leasable floor area
(GLA) exclusive of storage space. The council, after review and recommendation by the
commission, may approve a lesser ratio of parking spaces for each one thousand (1,000) square
feet of GLA in proposed C-P developments comprising at least one hundred thousand (100,000)
square feet of GLA. Such a ratio, at a minimum, may be in accord with a linear graduation from
seven (7) spaces for each one thousand (1,000) square feet of GLA in proposed C-P
developments comprising at least one hundred thousand (100,000) square feet to five and one-half (5
1/2) spaces for each one thousand (1,000) square feet of GLA in proposed C-P
developments comprising at least two hundred fifty thousand (250,000) square feet. No
additional reductions shall be permissible.
The off-street parking space
required above shall be provided in addition to any space
used for commercial parking lot, taxicab stand, or truck or bus parking. Off-street parking space
for "drive-in" service establishments shall be provided in addition to the parking space described
for all other business activities.
Adequate off-street space for
standing, loading, and unloading of supplies shall be
provided within the developments.
b. All uses in district C-P,
other than shopping centers, shall provide off-street parking and
loading in accordance with section 29-30.
c. 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.
(6) Screening. 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 commission may recommend and the council may approve less stringent screening
requirements if, after considering topography, surrounding uses and other relevant factors, less
stringent screening requirements are deemed appropriate.
(7) Drainage. A drainage system shall be designed
to minimize the possibility of soil erosion
and flood damage.
(8) 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. 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.).
(e) Procedure for review and approval of C-P zoning and the development plan.
(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 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.
(3) After the public hearing, the commission shall forward
its recommendation to the
(4) The council, after a public hearing, shall take final
action on the C-P zoning request and
shall specify the uses allowed.
(5) 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 on the plan.
(6) The development plan submittal shall include the
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 the boundary
lines of the site in relation to any section line or quarter-section line and any corporate boundaries
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 landscaping plan which complies
with the requirements of chapter 12A.
l. A storm water management plan,
which shall include provisions for erosion control
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.
(7) 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.
b. The minimum distance between any building and any
adjacent property line or street
c. The maximum height of any building on the site.
d. 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.
f. The maximum number of freestanding signs on the site,
the maximum square footage of
sign surface area and maximum height of each.
g. The minimum per centage of the site to be maintained
The design parameters shall become part of the ordinance
approving the C-P development
(8) 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.
(9) No building permit shall be issued until the development
plan is approved by the council.
(10) No building permit shall be issued until the
property has been platted.
(11) 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.
(12) 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.
(13) 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.
(14) 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?
(15) 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.
(16) 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.
(f) 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
(2) An approved final C-P plan shall not be required
to comply with C-P regulations adopted
after the plan was approved.
(3) Buildings constructed in accordance with an approved
final C-P plan are lawful
(4) 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)