Prior to the adoption of Ord. 16126 on 08/16/1999, 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.

    (b) Permitted uses. In district M-R, no building, land or premises shall be used and no building shall hereafter be erected, constructed or altered except for one or more of the following uses, in accordance with the regulations of this chapter. All uses and processes shall be conducted entirely within enclosed buildings:

Business offices and professional offices not principally dealing with the general public.

Research facilities and laboratories.

Photographic processing facilities.

Printing and publishing facilities.

Processing or compounding of drugs and other medicinal and pharmaceutical products.

Assembly of electronic components and precision instruments.

Assembly and production of jewelry, silver and plated ware, and art goods.

Manufacturing and/or processing of explosive or flammable materials shall not be permitted.

    (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, mosque or synagogue and any other associated uses in accordance with section 29-30.

    (d) Standards and Criteria:

    (1)    Height and area regulations. In district M-R, any building or portion of a building hereafter erected, constructed, reconstructed or altered shall be subject to the following regulations:

        a.    Lot size. Not less than two (2) acres.

        b.    District size. Not less than five (5) acres.

        c.    Lot width. No minimum requirement.
        d.    Yards:

            1.    Front--Not less than one hundred (100) feet.

            2.    Rear:

                (i)    Not less than one hundred (100) feet from a rear property line that is common with a residential district.

                (ii)    Not less than fifty (50) feet from a rear property line that is common with a nonresidential district for a lot that abuts the perimeter of an M-R district.

                (iii)    Not less than twenty-five (25) feet from a rear property line that is common with a nonresidential district and is internal to an M-R district.

            3.    Side:

                (i)    Not less than one hundred (100) feet from a side property line that is common with a residential district.

                (ii)    Not less than fifty (50) feet from a side property line that is common with a nonresidential district or a street right-of-way that abuts the perimeter of the M-R district.

                (iii)    Not less than twenty-five (25) feet from a side property line that is common with a nonresidential district or a street right-of-way that is internal to the M-R district.

        e.    Building Height. Not over thirty-six (36) feet.

        f.    Parking. Off-street parking shall comply with section 29-30, Off-Street Parking and Loading Regulations, except parking areas shall be paved with asphaltic concrete or concrete.

    (2)    Screening and landscaping requirements. A landscaping plan shall be submitted as part of the development review, as required by the commission, so that a park-like setting and appropriate screening can be assured as required by this chapter.

        a.    A minimum of twenty (20) per cent of the site, excluding paved areas, shall be in open space. Open space shall be landscaped with a combination of the following three (3) lists of materials:

            1.    Grasses and/or ground cover.

            2.    Shrubs, vines and/or hedges.

            3.    Trees and/or natural vegetation in the form of wooded areas.

        b.    Nonliving durable materials commonly used in landscaping may also be included, such as, but not limited to, rocks, pebbles, sand, berms, lakes or fences. Landscaped areas within parking areas, such as control islands, shall not be included for purposes of calculating the twenty (20) per cent open space.

        c.    Where an M-R district abuts residentially zoned land or land shown as residential on the adopted land use plan for the city, there shall be a minimum six-foot high screen as approved by the commission in its site plan review. 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 and shall consist of masonry wall, wood fence, landscape material, berms or combination thereof. In the event a masonry wall or wood fence is used, vegetative landscaping shall be placed between the wall or fence and the property line to form an ornamental screen.

        d.    All parking and loading areas shall be screened from public streets by use of berms, landscaping or fencing to minimize the visibility of such areas. No parking area shall contain more than one hundred fifty (150) spaces. If a greater number is required, separate parking areas of not more than one hundred fifty (150) spaces shall be provided and shall be separated by a landscaped area at least ten (10) feet in width.

        e.    All refuse and loading facilities and areas shall be screened by the use of berms, landscaping or fencing to minimize the visibility of such areas.

        f.    All required screening and landscaping shall be maintained in good order. If wood fencing is used as screening, it shall be durable in nature or treated to prevent rapid deterioration.

    (3)    Parking and loading setback requirements.

        a.    Front Yard: No ground level parking shall be located closer than fifty (50) feet to the street right-of-way.

        b.    Side Yard:

            1.    Any ground level parking shall be set back a minimum of fifty (50) feet from a side property line that abuts a residential district, or abuts a street right-of-way.

            2.    Any ground level parking shall be set back a minimum of ten (10) feet from a side property line that abuts a nonresidential district.

        c.    Rear Yard:

            1.    Any ground level parking shall be set back a minimum of fifty (50) feet a from rear property line that abuts a residential district.

            2.    Any ground level parking shall be set back a minimum of ten (10) feet from a rear property line that abuts a nonresidential district.

        d.    Any structured parking above the finished ground elevation shall have the same setback requirements as outlined for buildings.

        e.    Structured parking shall not exceed thirty-six (36) feet in height, and shall be designed to be architecturally compatible with the design of the building on the site.
    (4)    Sign requirements:

        a.    Each lot may have not more than two hundred (200) square feet of sign surface area identifying the user(s). Such signs may be in combination as set out below and such signs must face a street frontage. Sign types shall be as follows:

            1.    Ground sign with a maximum area of fifty (50) square feet per sign. Such sign(s) shall be set back a minimum of twenty-five (25) feet from the street right-of-way line and shall not exceed ten (10) feet in height.

            2.    Wall sign with a maximum area of one hundred fifty (150) square feet per sign. Such sign(s) shall be calculated on a basis of one square foot of sign area for each linear foot of the building wall facing a street on which the sign is to be placed. Such sign shall not exceed one hundred fifty (150) square feet per sign area and no part of a wall sign shall project above the exterior wall on which it is attached.

        b.    For each overall M-R district, one master development sign shall be allowed for each perimeter street frontage if such street is identified as a collector street or higher classification on the city's major thoroughfare plan. Allowed sign(s) shall not exceed one hundred (100) square feet in area and shall not exceed twenty-five (25) feet above ground elevation. Such signs shall also be set back a minimum of twenty-five (25) feet from the street right-of-way line(s).

        c.    The area from the bottom of the face of a ground or master development sign to the finished grade shall be enclosed at a minimum ratio of one-half the width of the sign face.

    (5)    Performance standard. In this district no use shall be permitted or so operated as to produce or emit the following:

        a.    Smoke or particulate matter in violation of the standards of the ordinances of the city.

        b.    Radiation, gases, heat, glare, or other effects which are injurious to humans at the property line.

        c.    Vibration or concussion perceptible without instruments at the property line.

        d.    The noise level at any point along the property line shall not exceed:


Octave Band
Decibels
   0--   75 CPS....
55
  75--1,200 CPS....
40
1,200--4,800 CPS....
25
Above 4,800 CPS....2


        e.    The quality and nature of industrial wastes shall not overburden the public sewage disposal facilities or cause odor and unsanitary effects beyond the property line. Sewage shall also comply with all local, state and federal regulations.

    (6)    Storm water standards:

        a.    Storm water management shall be incorporated into the development plans so that the rate of storm water runoff from the sites will not be increased as a result of the proposed development. The facility shall be designed to control the storm water runoff from at least a twenty-five-year return frequency storm as certified by a professional engineer.

        b.    During the construction phases of land development, facilities such as sedimentation ponds, debris basins, mulch, riffles and filters shall be used to prevent soil erosion. Further, drainage from above the development site shall be diverted from construction to preclude erosion and sedimentation.

    (7)    Site plan review. Prior to obtaining any building permit for a new building or extension of an existing building in a M-R district, it shall be necessary to obtain approval of a site plan from the commission to ensure quality development and compliance with the regulations of this chapter. The plan shall include the following information:

        a.    The location and size of all existing and proposed structures.

        b.    Existing and proposed contours at five-foot intervals.

        c.    Location and size of all parking areas.

        d.    Roadways on and adjacent to site.

        e.    The design, location and size of all proposed signs, lighting, fences and refuse areas.

        f.    Two (2) cross-sectional profiles of the site including floor elevations, building elevations, method of obtaining two-hour fire-resistant exterior wall, and existing and proposed contours, drawn at an appropriate scale.

        g.    Storm water management facilities, if necessary.

        h.    Landscaping plan which complies with the requirements of chapter 12A.

    (8)    Change in use. Change from one use to another as listed in the "use regulations" is subject to site plan review by the commission before a certificate of occupancy or business license shall be issued.

    (9)    Powers and duties of the board of adjustment. Provisions of section 29-31(g), shall not apply to the M-R district.

    (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 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.    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 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 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 commission’s approval of the M-R Development Plan (or ordinance, in the case of an appeal to the council).

    (8)    No building permit shall be issued until the development plan is approved by the commission (or council, in the case of an appeal).

    (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)