Section 29-18 District M-R, planned research, development and office park district.
Prior to the adoption of Ord. 18464 on 04/04/2005, Section 29-18 read as follows.
(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
intended to promote
development of employment centers that are oriented to research facilities, offices, light
assembly and processing in close proximity to an adequate road system. Development standards
are designed to ensure a park-like setting with aesthetic and functional compatibility with all
adjacent land uses, including residential. 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
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 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 applicants property from the following uses:
One or more or all of the permitted uses in District MC
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
(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.
Retail establishments provided such establishments are ancillary to a manufacturing,
warehousing or distribution facility.
(d) Standards and Criteria. The following standards
and criteria shall apply to all M-R
(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, 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
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. The provisions of Section
2930, OffStreet Parking and Loading,
shall apply, except that the Commission may approve a lesser
after considering the proposed use, the availability of other parking in the area (including parking
on 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. 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
c. Exterior storage areas shall have a permanently dustfree surface.
d. The applicant may request or the commission may approve less stringent
landscaping requirements if, after considering topography, surrounding uses and other relevant
factors, less stringent screening and landscaping requirements are deemed appropriate.
(7) Sign requirements. The proposed location
and general description of wall signs and signs
not attached to structures on the site shall be included with the development plan in accordance
with section 23-25(j) and 23-25.1(h) (sign regulations).
87) 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
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.
The applicant shall prepare and submit a
request for M-R zoning to the commission for
its review. The commission shall then hold a public hearing. The second step shall
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
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
After the public hearing, the commission
shall forward its recommendation to the
council. The commission shall then hold a public hearing. After the public hearing,
commission shall forward its recommendation to the council.
(4) The council, after a public hearing, shall approve,
approve with conditions, or disapprove
take final action on the M-R zoning request. An ordinance placing property
in district M-R and
shall specify the uses allowed. Prior to a vote on an ordinance placing property in
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.
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 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
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
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; 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
kl. Signature blocks for
commission approval on all exhibits considered part of the
lm. The proposed location and general description of wall signs and signs not
structures on the site
proposed type and location of all onsite lighting.
73) 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 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 site.
db. The minimum distance between the edge of any driveway, parking area,
loading area, trash
storage area and any
adjacent property line or street rightofway.
e. The minimum percentage 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.
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
84) No building permit shall
be issued until the development plan is approved by the
95) No building permit shall
be issued until the property has been platted.
106) 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.
117) 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.
128) 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.
fh) Effect of Amendments to District MR Regulations.
(1) Buildings constructed in accordance with an approved
final MR plan are lawful
(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.
§ 1, 8-16-99; Ord. No. 16181, § 1, 9-20-99; Ord. No. 17575, § 1, 2-3-03)