Section 29-13.1 District O-P, planned office district.
Prior to the adoption of Ord. 18464 on 04/04/2005, Section 29-13.1 read as follows.
The purpose of
his district is
to enable innovation and flexibility in design
and to promote environmentally sound and efficient use of land 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:
allow certain office uses in locations where a broad range of office uses might be
promote flexibility in the design and location of structures
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
To ensure compatibility with surrounding areas.
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
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.
Halfway houses for not more than fifteen (15) occupants, provided that the council finds that the
proposed use would not be detrimental to the public interest considering the size and character of
the proposed facility and its proximity to schools, churches, mosques, synagogues, single-family
residences and other halfway houses. (Property zoned O-P before March 18, 2002, the date on
which this use was added to this section, may not be used for a halfway house unless the council
passes an ordinance changing the permitted uses of the property to include halfway houses.)
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
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
(6) Seamstresses, tailors.
(7) Teachers of private lessons in art, music, or dance.
Research and development laboratories, provided there is minimal/insignificant use of
materials based on a risk assessment.
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.
Temporary Shelter, subject to the following.
(1) A zoning petition for a temporary shelter shall include information about
the size and design
of the structure, population groups served, length of stay permitted, maximum design capacity
and support services provided. These items shall be used to determine if the facility is
appropriate for the neighborhood.
(2) A temporary shelter shall not be
located within one thousand (1,000) feet of another
(3) The minimum lot area for a temporary shelter shall be 7,500
square feet. If a proposed
temporary shelter structure is larger than 2,500 square feet of gross floor area there shall be
provided an additional 1,500 square feet of lot area for each additional 500 square feet of gross
floor area within the structure.
(4) The shelter shall submit a semi-annual report to the protective
inspection division of the
public works department stating maximum monthly occupancy level and support services
provided by the shelter.
Customary accessory uses subject to the provisions of section 29-27, accessory
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
O-P by the provisions of this subsection in effect on September 15, 1996.
(c) Conditional uses. The following uses shall be permitted in
district O-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 O-P
(1) Lot size. No minimum requirement.
(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.
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; however,
height shall be compatible
with the surrounding area there shall be one additional foot of rear yard and interior side
setback provided above the required minimum for each additional foot of height for buildings
over forty-five (45) feet tall abutting a residential zoned district. The applicant may request
the commission may recommend and the council may approve a greater maximum building
(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 recommend and the council may approve a lesser
different parking requirement if, after considering the proposed use, the availability
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 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.
The applicant may request or the commission may recommend and the council may approve less
stringent screening and landscaping requirements if, after considering topography, surrounding
uses and other relevant factors, less stringent screening and landscaping requirements are deemed
(7) 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
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
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.
(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 O-P zoning
(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.
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. The second step shall be
submission of a request for rezoning to O-P. 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 O-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
The statement of intent shall become part of the ordinance approving the O-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 O-P
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 O-P zoning request. An ordinance placing property
in district O-P shall
specify the uses allowed. Prior to a vote on an ordinance placing property in district O-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 O-P 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 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 and the zoning of adjacent property.
e. The location of the boundary
lines of the site in relation to any section line or quarter-section line and any corporate boundaries
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
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 conceptual storm
water 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 O-P development plan or at the time of application for a land
disturbance or building permit
, which shall include provisions for erosion control during
m. 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
submitted with the O-P development plan or at the time of application for a land disturbance or
n. The proposed location and
general description of signs not attached to structures on the
o. The proposed type and location
of all on-site lighting.
73) In addition to the above, an O-P 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 O-P 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 right-of-way.
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 right-of-way.
e. The minimum per centage 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.
gd. The minimum per centage of the site to be maintained in
e. The maximum height and number of light poles and type of fixtures.
The design parameters shall become part of the ordinance approving the O-P development
84) 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.
95) No building permit shall
be issued until the development plan is approved by the
106) No building permit shall
be issued until the property has been platted.
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.
128) 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.
139) Minor adjustments to a
development plan approved prior to November 18, 1996 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.
1410) Changes to a development
plan approved prior to November 18, 1996, 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
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?
Changes to a development plan approved after November 18, 1996, may be made to
an approved O-P 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 O-P development plan with required public hearings before the planning
and zoning commission
and city council.
1612) 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.
g. Simplified O-P Zoning. An
application may be submitted for a simplified O-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 O-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 O-P zoning shall be the same as herein provided under
subsection (e), except that a development plan and design parameters shall not be required.
preliminary plat or final plat may be required as provided by the subdivision
fh) 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
21) An approval final O-P plan
shall not be required to comply with O-P regulations
adopted after the plan was approved.
32) Buildings constructed in
accordance with an approved final O-P plan are lawful
43) 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;
No. 13058, § 1, 8-19-91; Ord. No. 14981, § 1, 9-16-96; Ord. No. 15053, § 1, 11-18-96;
15471, § 1, 1-5-98; Ord. No. 16106, § 1, 8-2-99; Ord. No. 16816, § 1, 3-5-01; Ord. No.
1, 3-18-02; Ord. No. 17575, § 1, 2-3-03; Ord. No. 17667, § 1, 5-5-03)