Prior to the adoption of 15471 on 01/05/1998, Section 29-13.1 read as follows.


    (a) Purpose. This district is intended to provide for office developments that warrant special consideration due to their scale or potential impacts, or for certain sites due to their location or environmental characteristics. The major objectives of an O-P 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 O-P, no building, land or premises shall be used and no building shall be hereafter erected, constructed, reconstructed or altered except for one or more of the uses allowed by the ordinance placing the property in District O-P (for exceptions, see section 29-28, nonconforming uses, and section 29-31, 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 of the permitted uses in district R-3 (subject to the height and area regulations of district R-3).

Banks, other financial institutions, and travel agencies.

Buildings and premises for public utility services or public service corporations.

Counseling centers operated by charitable or not-for-profit organizations; excluding halfway houses or any use connected with penal or correctional institutions.

Drive-up facilities incidental to any permitted uses.

Hospitals for human beings, medical or dental clinics, sanitariums, and medical laboratories.

Hospitals for small animals, if within an enclosed building.

Office buildings used for the administrative functions of businesses, professions, companies, corporations; and social, philanthropic, eleemosynary, or governmental organizations or societies.

Offices for professional and business use involving the sale or provision of services, but not the sale or rental of goods, including, but not limited to:

    (1)    Artists, sculptors, photographers.

    (2)    Authors, writers, composers.

    (3)    Lawyers, engineers, planners, architects, real estate agents, accountants, insurance agents, brokers, and consultants in similar professions.

    (4)    Ministers, rabbis, priests, or other clergy members.

    (5)    Physicians, dentists, chiropractors, or other licensed medical practitioners.

    (6)    Seamstresses, tailors.

    (7)    Teachers of private lessons in art, music, or dance.

Residential care facilities.

Schools operated as a business within an enclosed building, except trade schools and schools which offer retail goods or services to the public.

    Customary accessory uses subject to the provisions of section 29-27, accessory uses.

    The owners of property in district O-P may apply for a change in the permitted uses of their property. Such applications shall be treated as requests for rezoning.

    Property in district O-P on September 15, 1996, may be used for any use permitted in district O-P by the provisions of this subsection in effect on September 15, 1996.

    (c) Conditional uses. There shall be no conditional uses in district O-P and the board of adjustment shall have no power to grant any conditional use permit for any property in district O-P.

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

    (1)     Lot size. No minimum requirement.

    (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. (See section 29-30, off-street parking and loading.)

    (6)     Screening. 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 percent (80%) year around and, if landscaping is used, the eighty percent (80%) opacity and eight-foot 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 screening and landscaping shall be considered a violation of this chapter.

    (7)     Drainage. A drainage system shall be designed to minimize the possibility of soil erosion and flood damage.

    (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 O-P zoning and the development plan.

    (1)    The first step in the 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 O-P 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 O-P zoning request.

    (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 O-P development.

        b.    A north arrow, scale, small location map, and the size of the site to the nearest one-tenth (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 location of the boundary lines of the site in relation to any section line or quarter-section line and any corporate boundaries immediately adjacent.

        f.    The existing topography of the site with contour intervals no greater than five (5) feet, and the specific location of the one-hundred-year floodplain, if applicable.

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

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

        i.    The location and width of existing street rights-of-way, alleys, roads, railroad rights-of-way and recorded easements; and the proposed location, width, name and grade for any new street.

        j.    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.

        k.    Signature blocks for commission and council approvals on all exhibits considered part of the development plan.

        l.    A storm water management plan, which shall include provisions for erosion control during construction.

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

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

        o.    The proposed type and location of all on-site lighting.

    (7)    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.

    (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)    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.

    (11)    Minor adjustments to an approved development plan may be authorized by the director of planning and development at his discretion. The director of planning and development shall notify the commission of any such changes.

    (12)    Changes, other than those considered minor by the director of planning and development, shall be submitted to the commission for a public hearing. The public hearing shall follow the same procedures outlined herein for a development plan. If, after the public hearing, the change is considered to be in substantial compliance with the approved development plan, the commission may approve the revision. If, however, the change is considered to be a substantial deviation from the approved development plan, the commission may recommend to the council that a revised development plan be required. The council shall then take action on the proposed revision without a public hearing. If the council determines that the proposed change is a substantial deviation from the approved development plan, a revision to the development plan shall be required. This revision shall be processed in the manner herein described for development plans. Advertising costs shall be at the applicant's expense. The revised plan shall not be approved unless findings determined by the council are reflected on the plan.

In determining whether or not the change is a substantial deviation from the approved development plan, the commission and council may use, but are not limited to, the following criteria:

        a.    Is there an increase or decrease in land use intensity such as building height, size or increase in parking area?

        b.    Is there a rearrangement of or change in the number of buildings?

        c.    Is there a change in public or private infrastructure?

        d.    Is there a change in amenities being proposed, such as landscaping or open space?

    (13)    The applicant may submit the development plan at the time of rezoning to O-P. Under this option, the development plan will be considered as part of the rezoning request.

    (f) Effect of Amendments to District O-P Regulations.

    (1)    A developer whose preliminary O-P plan was approved prior to December 17, 1990, may elect to have the final O-P plan for the development reviewed under the O-P regulations (section 29-13.1) in effect on December 16, 1990. This election shall be available for only final O-P plans filed with the director of planning and development prior to December 17, 1991. Final O-P plans filed on or after December 17, 1991, shall be subject to the O-P regulations in effect at the time of filing.

    (2)    An approval final O-P plan shall not be required to comply with O-P regulations adopted after the plan was approved.

    (3)    Buildings constructed in accordance with an approved final O-P plan are lawful conforming uses.

    (4)    Proposed revisions to final O-P plans approved under regulations in effect before December 17, 1990, shall be reviewed under the procedural provisions of this section.

(Ord. No. 11236, § 1, 10-6-86; Ord. No. 117-2, § 1, 12-7-87; Ord. No. 12821, § 1, 12-17-90; Ord. No. 13058, § 1, 8-19-91; Ord. No. 14981, § 1, 9-16-96)