Prior to the adoption of Ord. 21095 on 09/19/2011, Section 29-19.1 read as follows.

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

    (1)    To allow certain industrial uses in locations where a broad range of industrial 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-P, 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 uses allowed by the ordinance placing the property in district MP (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:

(1)    One or more or all of the permitted uses in districts M-R, M-C, M1 and C-3 (except those uses permitted in district R-3).
    
    (c)    Conditional Uses. The following uses shall be permitted in district M-P only after the issuance of a conditional use permit pursuant to the provisions of section 29-23:

Communication antennas and towers, subject to the provisions of section 29-21.3.

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

There shall be no setback required from a common area as long as the common area is at least as wide as the required yard.  The applicant may request or the commission may recommend and the council may approve a lesser minimum yard.

    (3)     Building height. No specific maximum height, 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 29-30, off-street 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 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 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.    The applicant may request or the commission may recommend and the council may approve less stringent or more stringent screening and landscaping requirements if, after considering topography, surrounding uses and other relevant factors, less stringent or more stringent screening and landscaping requirements are deemed appropriate.

c.    The commission may recommend and the council may approve screening requirements for any lot in district M-P that abuts land that is not residentially zoned after considering the possible uses of the lot and the abutting property. The screening requirements shall be the same as in subsection (d)(6)a. and shall be subject to the provisions of subsection (d)(6)b.
  1. Drainage.  A drainage system shall be designed to minimize the possibility of soil erosion and flood damage.

    (8)    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 (2) 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 (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.

    (9)     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 MP 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 community 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-P.  Rezoning shall be done in accordance with section 29-34 of this chapter 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-P 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-P 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-P 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-P zoning request. An ordinance placing property in district M-P shall specify the uses allowed. Prior to a vote on an ordinance placing property in district M-P 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-P 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 forward the development plan to the council with its recommendation. 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 MP 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-P 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-P development plan or at the time of application for a land disturbance or building permit.

    l.    Signature blocks for commission and council 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-P development plan submittal shall include a set of design parameters which the director of planning and community development shall use as guidance when considering future revisions to an approved M-P 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 minimum percentage of the site to be maintained in open space shown by the percent in landscaping and the percent left in vegetation.

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

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

    (4)    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.

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

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

    (7)     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 community development for compliance with the approved development plan.

(8)    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.

     (g)    Simplified M-P Zoning.  An application may be submitted for a simplified M-P 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-1 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-P 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.

    (3)     Changes may be made to an approved M-P development plan subject to approval by the director of planning and community 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 M-P development plan with the required public hearing before the planning and zoning commission.

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

(Ord. No. 17370, § 1, 7-15-02; Ord. No. 17575, § 1, 2-3-03; Ord. No. 18464, § 1, 4-4-05; Ord. No. 19343, § 3, 1-2-07 ; Ord. No. 20181; § 1, 2-2-09)

Editor's note - Ord. No. 20181, § 1, adopted February 2, 2009, which amended section 29-19.1 above, shall be in full force and effect from and after March 1, 2009.