Prior to the adoption of Ord. 17575 on 02/03/2003, Section 29-18 read as follows.


         (a)     Purpose. The M-R district is intended to promote the 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 a M-R district are:

    (1)     To promote flexibility in the design and location of structures.

    (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 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 applicant’s 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 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.

    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 developments:

    (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.  The provisions of Section 2930, OffStreet Parking and Loading, shall apply, except that the Commission may approve a lesser   different  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   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 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.

    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 Commission may approve less stringent screening requirements if, after considering topography, surrounding uses and other relevant factors, less stringent screening 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).

    (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 MR 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 MR 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 council.

    (4)     The council, after a public hearing, shall take final action on the MR 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 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.

    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 landscaping plan which complies with the requirements of chapter 12A.

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

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

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

    (7)  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.

b.  The minimum distance between any building and any adjacent property line or street rightofway.

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 rightofway.

e.  The minimum percentage 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.

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

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

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

    (10)     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.

    (11)    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.

    (12)     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.

    (f) 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)