§ 25-121. Procedures for zoning.

The procedures for zoning land to a commercial corridor zone shall be in accordance with the provisions of section 25-12(a), (b), (c), and (e), together with the following:

(a)

A tract of land may be rezoned, only upon application by the owner or his agent, and only upon approval of preliminary development plan. The proponent shall prepare and submit to the zoning administrator the following:

(1)

A preliminary development plan showing the property to be included in the proposed development, plus the area within two hundred (200) feet thereof;

(2)

The following items shall be included on the property to be developed:

a.

Existing topography with contours at five-foot intervals provided that where natural slopes are sufficiently flat, the zoning administrator may require contours at lesser intervals. In the case of small tracts of land where grade changes are not critical to the quality of development, the zoning administrator may waive the contour information;

b.

Proposed location of buildings and other structures, parking areas, drives, walks, screening, drainage patterns, public streets, and any existing casements;

c.

Sufficient dimensions to indicate relationship between buildings, property lines, parking areas and other elements of the plan;

d.

General extent and character of proposed landscaping.

(3)

The following items shall be shown on the same drawing of the two hundred foot adjacent area:

a.

Any public streets which are of record;

b.

Any drives which exist or which are proposed to the degree that they appear on plans on file with the city except those servicing single-family houses;

c.

Any buildings which exist or are proposed to the degree that their location and size are shown on plans on file with the city. Single- and two-family residential buildings may be in approximate location and general size and shape.

(4)

A schedule shall be included indicating total floor area of dwelling units, land area, parking spaces and other quantities relative to the submitted plan in order that compliance with ordinance requirements can be determined.

(b)

The planning and zoning commission shall hold a public hearing on the zoning application, including the plan as provided by law. At such time as the development plan meets with the approval of the commission, the same shall be duly approved, properly endorsed and identified and sent on to the council for action.

(c)

Prior to issuance of building permits, the final plans and building and site improvements shall be submitted to the code administrator for review as to compliance with the development plan. The development may proceed in stages and final plans for each stage shall be submitted and approved prior to permit issuance. The final plans, in addition to building construction plans, shall include a landscape and screening plan showing species and size of all plant materials, areas to be seeded, sodded, etc., all to be in keeping with the development plan as approved.

(d)

If, in the judgment of the code administrator, the concept of development, as depicted on the final plans, deviates substantially from the concept of the preliminary development plan submitted for zoning, the code administrator shall deny the request for final plan approval.

(e)

The applicant, in case of denial, may apply for a new hearing with publication as required in this section and the commission and council may approve or deny the final plans after said hearing. All decisions of the planning commission may be appealed to the city council who may reverse or affirm the same.

(f)

In the event that construction of all improvements shown on the final plan is not completed within a period of three (3) years following the date the preliminary plan was approved by the city council, then the zoning district classification for said tract of land shall automatically revert to its former classification immediately preceding such rezoning.

In the event development proceeds in stages, then the construction of all improvements shown on the final plan for the first stage shall be completed within a period of three (3) years following the date the preliminary plan was approved. The construction of all improvements shown on the final plan for each subsequent stage shall be completed within a period of three (3) years following the date the final plan for that particular stage was approved. Failure to construct the improvements within the time periods specified therein shall cause the zoning district classification with respect to that portion of the tract of land shown on such final plan, together with all sequentially following stages, to automatically revert back to the zoning district classification immediately preceding such rezoning.

Additionally, if from the original plan of corridor zoned developments, only a portion of the original tract is used with the new development, the remaining area (of the original plan) shall revert back to the zoning prior to corridor zoning.

(Ord. No. 10783, § 1, 8-3-87; Ord. No. 11029, § 13(c), (e), 4-6-92; Ord. No. 11296, 6-16-97)