Section 29-18 District M-R, planned research, development and office park district.

(a) Purpose. The purpose of this M-R district is to enable innovation and flexibility in design and to promote environmentally sound and efficient use of land. The major objectives of an M-R district are:

(1) To allow certain research, development and office park uses in locations where a broad range of 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 M-R, no building, land or premises shall be used and no building shall hereafter be erected, constructed, reconstructed or altered except for one or more of the following uses allowed by the ordinance placing the property in District MR (for exceptions, see Section 2928, NonConforming Uses, and Section 2931, 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 MC

One or more or all of the permitted uses in district C-1.

All uses and processes shall be conducted entirely within enclosed buildings.

(c ) Conditional Uses. The following uses shall be permitted in district M-R only after issuance of a conditional use permit pursuant to the provisions of section 29-23:

Churches, mosques, and synagogues, subject to the following conditions:

(1) The conditional use permit shall be valid for a period not to exceed five (5) years. Renewal of the conditional use permit shall be treated as a new request for a conditional use permit.

(2) A site plan shall accompany the conditional use permit application, showing that parking will be provided for the church and any other associated uses in accordance with Section 29-30.

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

(1) Lot size. No minimum requirements.

(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.

(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 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 2930, OffStreet Parking and Loading, shall apply, except that the Commission 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. 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 eight (8) 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 eightfoot 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.

b. All exterior storage areas shall be enclosed by a permanent screen at least eight (8) feet in height above the ground surface of the storage area. In the event that an eightfoot screen is inadequate to screen such an area, additional screening may be required in such a manner and of such materials as necessary to adequately screen such from public view. However, in no event shall the screen exceed twelve (12) feet in height, except for landscape materials. In no event shall the stored or stacked materials or finished products exceed the height of the required screening. 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 shall be achieved within four (4) full growing seasons. When a solid wall, or any solid fence is used for screening, ornamental landscaping shall be placed between the fence and the adjacent property lines. The required screening 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 or treated to prevent rapid deterioration. Failure to maintain the required screening shall be considered a violation of this chapter.

c. Exterior storage areas shall have a permanently dustfree surface.

d. The applicant may request or the commission 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 ) 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 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.

(8) 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 MR 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 M-R. 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 M-R 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 M-R 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 M-R development.

(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 M-R zoning request. An ordinance placing property in district M-R shall specify the uses allowed. Prior to a vote on an ordinance placing property in district M-R 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 M-R 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 take action on the plan. If the commission does not approve the development plan, the applicant may appeal the commission's decision to the council. 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 MR development.

b. A north arrow, scale, small location map of the site, and the size of the site to the nearest onetenth (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 existing topography of the site with contour intervals no greater than five (5) feet, and the specific location of the onehundredyear floodplain, if applicable.

f. The location and height of all buildings. The minimum distance from buildings to perimeter property lines shall be shown or stated on the plan.

g. The location and number of parking spaces, drives, walkways, and the parking ratio.

h. The location and width of existing street rightsofway, alleys, roads, railroad rightsofway and recorded easements; and the proposed location, width, name and grade for any new street.

i. 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.

j. 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 M-R development plan or at the time of application for a land disturbance or building permit .

k. A conceptual stormwater 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 M-R development plan or at the time of application for a land disturbance or building permit.

l . Signature blocks for commission approval on all exhibits considered part of the development plan.

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

n . The proposed type and location of all onsite lighting.

( 3 ) In addition to the above, a M-R 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 MR 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 rightofway.

b . The minimum distance between the edge of any driveway, parking area, loading area, trash storage area and any adjacent property line or street rightofway.

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 maximum height and number of light poles and type of fixtures.

The design parameters shall become part of the ordinance approving the M-R Development Plan.

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

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

( 6 ) 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.

( 7 ) Changes may be made to an approved MR 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 MR development plan with required public hearing before the planning and zoning commission.

( 8 ) The applicant may submit the development plan at the time of rezoning to MR. Under this option, the development plan will be considered by the commission and the council as part of the rezoning request.

(g) Simplified M-R Zoning. An application may be submitted for a simplified M-R 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 M-C 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 M-R 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 MR Regulations.

(1) Buildings constructed in accordance with an approved final MR plan are lawful conforming uses.

(2) Proposed revisions to final MR plans approved under regulations in effect before August 16, 1999 shall be reviewed under the procedural provisions of this section.

(Code 1964, § 19.170; Ord. No. 9958, § 1, 10-3-83; Ord. No. 13058, § 1, 8-19-91; Ord. No. 14514, § 1, 6-19-95; Ord. No. 14677, § 1, 11-6-95; Ord. No. 15134, § 1, 2-3-97; Ord. No. 16126, § 1, 8-16-99; Ord. No. 16181, § 1, 9-20-99; Ord. No. 17575, § 1, 2-3-03; Ord. No. 18464, § 1, 4-4-05; Ord. No. 19343, § 3, 1-2-07; Ord. No. 19748, § 1, 12-3-07 ; Ord. No. 20181; § 1, 2-2-09)

Editor's note - Ord. No. 20181, § 1, adopted February 2, 2009, which amended section 29-18 above, shall be in full force and effect from and after March 1, 2009.

(Ord. 20181, Amended, 02/02/2009, Prior Text; Ord. 19748, Amended, 12/03/2007, Prior Text; Ord. 19343, Amended, 01/02/2007, Prior Text; Ord. 18464, Amended, 04/04/2005, Prior Text; Ord. 17575, Amended, 02/03/2003, Prior Text; Ord. 16126, Amended, 08/16/1999, Prior Text; 15134, Amended, 02/03/1997, Prior Text)