Section 15-5
“BP” BUSINESS PARK DISTRICT

15-510 PURPOSE

This district is intended to accommodate a mix of office, research, light industrial and limited retail and services uses in a planned business park setting. This is a planned zoning district designed to provide for low-density, high-quality development with increased amenities and open space; consequently, in appropriate circumstances, property zoned BP may be located adjacent to residential uses. Uses in this district will be held to a higher aesthetic standard than other industrial zones. (Ord. 1297, 2010)

15-511 DEVELOPMENT AND PERFORMANCE STANDARDS

Unless otherwise approved by the Governing Body, development within the BP District shall comply with the following standards provided in this section. Additional regulations for each separate BP District may be set forth in the ordinance granting the BP District and may include other requirements as the Governing Body may deem appropriate. The BP District shall conform to all other sections of the Zoning Ordinance and Subdivision Regulations unless specifically exempted or modified in the ordinance granting the BP District.

A. All operations, including storage of equipment and materials, shall be conducted within a fully enclosed building, unless specifically approved as part of the preliminary development plan and the ordinance granting the BP District.

B. Outdoor sales and display may be conducted in accordance with the regulations set forth in Section 14-011.C of the General Business District. No large sales or display yards of merchandise or equipment shall be permitted, unless specifically approved as part of the preliminary development plan and the ordinance granting the BP District.

C. No land use shall be allowed that produces vibration, concussion, impact, shock, dust, fly-ash, odor, noxious gases, temperature differential or glare at any point on the lot line in excess of limits normally encountered in surrounding, nonindustrial districts.

D. No land use shall be allowed that produces a noise level at the lot line that is greater than that produced by the average traffic in the area.

E. Exterior mechanical equipment and refuse handling shall be at the rear of the site and well screened from both the right-of-way and any adjacent residential areas.

F. No use of a site shall commence prior to the construction of a main structure.

G. Accessory structures shall be compatible with the main structure both in design and materials.

H. A minimum 30-foot landscaped strip shall be maintained along all rights-of-way.

I. The use of trailers or other nonpermanent structures for storage or other purposes is prohibited in this district.

J. No loading dock, loading and maneuvering areas for trucks or other utilitarian areas shall be permitted to face any street, including State highways and interstates and adjoining residential property, unless a screening plan therefor is approved as part of final plan approval.

K. Trash receptacles shall be stored inside a structure or enclosure. Such structure or enclosure shall be four-sided with opaque gate and shall be compatible with the design and materials of surrounding buildings. (Ord. 1297, 2010)

15-512 ALLOWED USES

A. Refer to Appendix A for a list of permitted uses. Said uses may be further modified or restricted by the ordinance granting the BP District.

B. Uses shall focus upon administrative facilities, office, research institutions, and light manufacturing activities.

C. Accessory uses as necessary to the efficient operation of the main use on the site.

D. Conditional Uses. Certain uses may be desirable within the business park, but due to their possible impacts on surrounding uses and traffic patterns, additional scrutiny is necessary to ensure their compatibility with the business park development and the regulations set forth herein. Conditional uses listed in Appendix A may be permitted as an allowed use in the business park by the preliminary development plan and the ordinance granting the BP Zoning District for the subject property, or may be permitted at a later date by amendment to the preliminary development plan and the ordinance granting the BP Zoning District for the property subject to rehearing, notice, and protest provisions set forth in Section 27. (Ord. 1297, 2010)

15-513 AREA REGULATIONS

A. Minimum parcel size of area to be rezoned to BP is 15 acres.

B. Minimum lot area shall be one acre.

C. Minimum lot width shall be 100 feet at the right-of-way line and 150 feet at the front building line. (Ord. 1297, 2010)

15-514 HEIGHT REGULATIONS

No building shall exceed six stories in height, except as provided in Section 23, Additional Height and Area Regulations, or as set forth in the ordinance granting the BP District. (Ord. 1297, 2010)

15-515 REQUIRED SETBACKS

A. Right-of-way setback: minimum 30 feet for buildings and parking.

B. Side setback: 20 feet for buildings and parking.

C. Rear setback: 25 feet.

D. All buildings or structures shall be set back a minimum 75 feet from the property line of any residentially zoned property, where such property is already developed for residential use or is designated residential by the City’s Comprehensive Plan.

E. All parking, loading, and circulation areas shall be set back a minimum 30 feet from the property line of any residentially zoned property, where such property is already developed for residential use or is designated residential by the City’s Comprehensive Plan. (Ord. 1297, 2010)

15-516 PARKING

Unless otherwise approved by the Governing Body, development within the BP District shall comply with the following standards provided in this section and Section 20, Off Street Parking and Loading Regulations. Additional regulations for each separate BP District may be set forth in the ordinance granting the BP District and may include other requirements as the Governing Body may deem appropriate.

A. Office and Commercial Uses. Off-street parking spaces shall be provided in accordance with Section 20-011.

B. Industrial Uses. Off-street parking spaces shall be provided at a minimum of one space for every 1,000 square feet of building total floor area.

C. In the discretion of the City Planning Commission or Governing Body the required parking ratio may be modified or deferred at the time of preliminary development plan approval. (Ord. 1297, 2010)

15-517 SIGNS

See Section 25, Signs. Additional regulations for each separate BP District may be set forth in the ordinance granting the BP District and may include other requirements as the Governing Body may deem appropriate. (Ord. 1297, 2010)

15-518 LANDSCAPING AND SCREENING

See Section 24, Landscaping and Screening. Additional regulations for each separate BP District may be set forth in the ordinance granting the BP District and may include other requirements as the Governing Body may deem appropriate. (Ord. 1297, 2010)

15-519 APPLYING FOR REZONING

A petition to change to a BP, Business Park District shall be filed in accordance with the application and review procedures provided in Section 27. Included with the petition shall be an outline development plan in accordance with Section 15-523or a preliminary development plan in accordance with the submittal requirements in Section 15-524A tract of land may be zoned BP only upon approval of either an outline development plan or a preliminary development plan. If an outline development plan is approved with the original BP District approval, approval of a preliminary development plan for the entire BP zoned area shall be required prior to consideration and approval of a final development plan for any portion of the BP zoned area. The preliminary development plan shall be considered following the same application and review procedures provided in Section 27 for adopting the ordinance granting the BP District zoning. (Ord. 1297, 2010)

15-520 PLANNING COMMISSION PROCEDURES

After a petition for BP, Business Park District, is filed with the City Clerk, it shall be referred to and considered by the City Planning Commission in accordance with the procedures set forth by Section 27. The Planning Commission shall hold a public hearing and after the conclusion of the hearing shall submit its recommendations to the Governing Body, based on the zoning of the land and the outline development plan or the preliminary development plan. (Ord. 1297, 2010)

15-521 GOVERNING BODY ACTION

If the Governing Body is in favor of rezoning and development plan, they shall, by ordinance, rezone the property, provided the ordinance establishing the BP District shall not be approved until the outline development plan or preliminary development plan is approved. Before any building permits may be issued, preliminary and final development plans shall be approved according to the requirements of this Section 15-5 (Ord. 1297, 2010)

15-522 PROCEDURE FOR SUBMITTING PLANS

If the outline development plan was submitted with the petition for rezoning, a preliminary development plan shall be submitted to the Planning Commission within one year after the Governing Body rezones the property and approves the outline development plan.

The final development plan shall be submitted in the same manner and with the same considerations as the preliminary development plan procedure, except the applicant shall be given two years to submit it or all previous approval shall be voided. (Ord. 1297, 2010)

15-523 OUTLINE DEVELOPMENT PLAN

An outline development plan shall include site plans and written statements and shall show all land use and development within 200 feet of the planned development to demonstrate its relationship to adjoining uses and shall also show:

A. Boundary of project with dimensions to scale.

B. Existing topography.

C. Existing and proposed land uses showing the approximate location and dimensions of buildings, open space, parking, drives and other structures.

D. The location of existing streets and utilities.

E. The written statements to accompany the plan shall contain the following information:

1. An explanation of the character of the development.

2. A general indication of the expected schedule of development. (Ord. 1297, 2010)

15-524 PRELIMINARY DEVELOPMENT PLANS – CONTENTS AND SUBMISSION REQUIREMENTS

The Planning Commission shall review preliminary development plans and make a recommendation to the Governing Body for approval, approval with conditions, or denial. The plans shall include the following information:

A. Boundary of project with legal description, with dimensions to scale not more than one inch equals 100 feet, north arrow, and date of plan.

B. Delineation of sufficient surrounding area within 200 feet, to demonstrate relationship of the proposed usage to adjoining uses, both existing and proposed.

C. Existing natural resources and other site amenities including existing vegetation, creeks, streams, water bodies, wetlands, valleys, bluffs, ridge lines, historic or cultural features and other items of similar significance.

D. Contour intervals of two feet of existing topography and final elevations or contours.

E. Preliminary storm drainage plan in accordance with the requirements of the City Engineer and the City’s storm water management standards.

F. Proposed land uses, including the size, location and arrangement of buildings, parking areas with proposed arrangement of stalls and number of cars, entrance and exit driveways and their relationship to existing and or proposed street.

G. Preliminary sketches depicting the general architectural style, design, size and exterior materials and colors of existing buildings to be retained and new buildings to be constructed. Said sketches shall include building elevations, but detailed drawings may not be required.

H. Preliminary landscape plan to include location and height of all walls, fences, screening and plantings.

I. Phasing of development.

J. Name of owner, name and seal of professional land planners, engineers, architects and landscape architects responsible for preparing the plan. (Ord. 1297, 2010)

15-525 PRELIMINARY DEVELOPMENT PLANS – DURATION

Approval of the preliminary development plan shall be valid for one year from the date of its approval until a final development plan is submitted for some portion of the preliminary development plan, except that, the duration of approval may be extended for a period of not more than one year upon approval by the Planning Commission. If a final development plan is not submitted within one year, the preliminary development plan is subject to review and recommendation by the Planning Commission and reconsideration and reapproval by Governing Body. (Ord. 1297, 2010)

15-526 CHANGES TO PRELIMINARY DEVELOPMENT PLANS

Once property has been rezoned to a BP District, changes in the preliminary development plan may be made only after approval of a revised preliminary development plan. Changes in preliminary development plans which are not substantial or significant may be approved by the City Administrator, and disapproval of such changes by the City Administrator may be appealed to the Governing Body upon recommendation by the Planning Commission. Substantial or significant changes in the preliminary development plan may only be approved after rehearing by the Planning Commission and Governing Body; such rehearing shall be subject to the notice and protest provisions set forth in Section 27. For purposes of this section, “substantial or significant changes” in the preliminary development plan shall mean any of the following:

A. Increases in the density or intensity of residential uses of more than 5%.

B. Increases in the total floor area of all nonresidential buildings covered by the plan of more than 5%.

C. Increases of floor area for any one nonresidential building covered by the plan of more than 5%.

D. Increases of lot coverage of more than 5%.

E. Increases in the height of any building of more than 10%.

F. Changes of architectural style and building materials which will make the project less compatible with surrounding uses.

G. Changes in ownership patterns or stages of construction that will lead to a different development concept.

H. Changes in ownership patterns or stages of construction that will impose substantially greater loads on streets and other public facilities.

I. Decreases of any peripheral setback of more than 5%.

J. Decreases of areas devoted to open space of more than 5% or the substantial relocation of such areas.

K. Changes of traffic circulation patterns that will affect traffic outside of the project boundaries.

L. Any modification or removal of conditions or stipulations to the preliminary development plan and the ordinance granting the BP District. (Ord. 1297, 2010)

15-527 CONSIDERATION OF FINAL DEVELOPMENT PLANS

A. The final development plan may be submitted and approved for the total area of the BP District or for any section or part as approved on the preliminary development plan. When the final development plan is approved in sections, separate approvals by the Planning Commission are required for the initial and subsequent sections.

B. A final development plan which contains modifications from the approved preliminary development plan, but in the judgment of the Planning Commission does not violate or exceed the criteria set forth by Section 15-526 may be considered by the Planning Commission without a public hearing, provided all other submission requirements have been satisfied. For purposes of this section, lack of “substantial compliance” shall have the same meaning as “substantial or significant changes” as set forth in Section 15-526If, however, variations and departures from the approved preliminary plan exceed the above criteria or are sought by the developer or other party at the time of final development plan review or building permit application, the applicant shall request an amendment to the preliminary development plan which shall be handled in the same manner as the approval of the original preliminary development plan. Any determination made by the Planning Commission under this subsection shall be appealable to the Governing Body by the applicant within 15 days of the date of the Planning Commission determination.

C. In the event that the Planning Commission determines the proposed final development plan is not in substantial compliance with the approved preliminary development plan, the application may not be considered except at a public hearing, as set forth in Section 27. The provisions of the previous subsection relating to consideration of the proposed final development plan at a public hearing and appeal of the Planning Commission’s determination shall be applicable to consideration of final development plans that are determined to be not in substantial compliance with the preliminary development plan.

D. Revisions to approved final development plans which are insignificant in nature may be approved administratively by the City Administrator, or his or her designee or his or her designated representative. Provided, however, that in no event may revisions to approved final development plans be approved administratively if the proposed revised final plans contain “substantial or significant changes” as defined in Section 15-526 (Ord. 1297, 2010)

15-528 FINAL DEVELOPMENT PLANS – CONTENTS AND SUBMISSION REQUIREMENTS

All final development plans are to be drawn at the same scale as the preliminary development plan. The final development plan shall contain the following information:

A. Information required to be submitted with the preliminary development plan.

B. A schedule indicating total floor area, dwelling units, land area, parking spaces, land use intensity and all other quantities relative to the submitted plan that are required to determine compliance with this Section 15-5

C. All information relevant to proposed development including:

1. All existing and proposed adjacent public street rights-of-way with centerline location and surface type, condition and width. Location, size and radii of all existing and proposed median breaks and turning lanes. All existing and proposed drive locations, widths, curb cuts and radii.

2. Location of all required building and parking setbacks.

3. Location, dimensions, number of stories, and gross floor area in square feet of all proposed buildings.

4. Final drainage design. Limits, location, size and material to be used in all proposed drainage basins and retaining walls.

5. Building elevations including the following:

a. Elevations of all sides of proposed buildings including notation indicating building materials to be used on exteriors and roofs.

b. Size, location, color and materials of all signs to be attached to building exteriors, unless private sign criteria have previously been approved by the Governing Body.

c. Location, size and materials to be used in all screening mechanical equipment and utility meters located on the ground, building walls, and building rooftop.

6. Final landscaping and screening plans, including common and botanical names and planting size.

7. Location, height, candle power and type of outside lighting fixtures for buildings and parking lots.

8. Location, size, type of material and message of all proposed monument or detached signs. (Ord. 1297, 2010)

15-529 TIME FRAME

Construction of at least the first stage of development shall begin within 18 months from the date of approval of the final site plan. Failure to begin the development of the plan within said 18 months shall automatically void the development plan unless, upon application by the applicant, the Planning Commission deems it desirable to extend the period as may be deemed proper under the circumstances. (Ord. 1297, 2010)

Section 15-5“BP” BUSINESS PARK DISTRICT