Chapter 29 ZONING*
Section 29-18 District M-R, planned research, development and office park district.
purpose of this
M-R district is
to enable innovation and flexibility in
design and to promote environmentally sound and efficient use of land.
The major objectives of
an M-R district are:
allow certain research, development and office park uses in locations where a broad
range of uses might be inappropriate
encourage development of such scale and character that it will be harmonious with
surrounding areas and minimize any adverse impacts
Permitted uses. In district M-R, 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 following uses allowed by the ordinance placing the property in District MR (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 applicants property from the following uses:
One or more or all of the permitted uses in District MC
One or more or all of the permitted uses in district C-1.
All uses and processes shall be conducted entirely within enclosed buildings.
Conditional Uses. The following uses shall be permitted in district M-R only after
issuance of a conditional use permit pursuant to the provisions of section 29-23:
Churches, mosques, and synagogues, subject to the following
(1) The conditional use permit shall be valid for a period
not to exceed five (5) years.
Renewal of the conditional use permit shall be treated as a new request for a conditional use
(2) A site plan shall accompany the conditional use permit
application, showing that parking
will be provided for the church and any other associated uses in accordance with Section 29-30.
Standards and Criteria. The following standards and criteria shall apply to all M-R
(1) Lot size. No minimum requirements.
Yards. Yards shall be provided as
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.
Building height. No specific maximum; 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 2930, OffStreet Parking and Loading,
shall apply, except that the Commission may approve a
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
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.
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
eight (8) 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. All exterior storage areas shall be
enclosed by a permanent screen at least eight (8) feet in
height above the ground surface of the storage area. In the event that an eightfoot screen is
inadequate to screen such an area, additional screening may be required in such a manner and of
such materials as necessary to adequately screen such from public view. However, in no event
shall the screen exceed twelve (12) feet in height, except for landscape materials.
In no event
shall the stored or stacked materials or finished products exceed the height
of the required
screening. 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 shall be achieved within four
(4) full growing seasons. When a solid wall, or any solid fence is used for screening, ornamental
landscaping shall be placed between the fence and the adjacent property lines. The required
screening 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 or treated to prevent rapid
deterioration. Failure to maintain the required screening shall be considered a violation of this
c. Exterior storage areas shall have a permanently dustfree
applicant may request or the
commission may approve less stringent screening
requirements if, after considering topography, surrounding uses and other relevant
factors, less stringent screening
requirements are deemed appropriate.
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
minimum city standards for private streets;
b. The streets will serve two or more lots or property in multiple ownership;
c. The private streets do not provide the only vehicular access to public streets
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:
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
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.
(8) 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.
Procedure for review and approval of MR zoning.
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
development and the developer to discuss land use and development concepts,
applicable regulations, and other concerns that may be raised.
The second step shall be the submission of a request for rezoning to M-R. 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 M-R
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 M-R 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-R
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-R zoning
request. An ordinance placing property in district M-R shall specify the uses allowed. Prior to a
vote on an ordinance placing property in district M-R 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-R development plan.
) After council approval of the rezoning, the applicant shall submit a development
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 take action on the plan. If the commission does not approve
the development plan, the applicant may appeal the commission's decision to the council. The
council will then take action to approve, approve with conditions, or disapprove the plan.
) The development plan submittal shall include the following:
a. The name of
the MR 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
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
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
natural gas mains within or adjacent to the site and any proposed easements.
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
which complies with the requirements of
Sec. 29-25 and
submitted with the M-R development plan or at the time of application for a land disturbance or
A conceptual stormwater management plan showing critical environmental areas such as
streams, lakes, ponds, and wetlands;
proposed stream buffer limits, if applicable;
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-R development plan or at the
time of application for a land disturbance or building permit.
. Signature blocks for commission approval on all exhibits considered part of the
. The proposed location and general description of wall signs and signs not attached to
structures on the site
. The proposed type and location of all onsite lighting.
In addition to the above, a M-R development plan submittal shall include a set of design
parameters which the director of
development shall use as guidance when
considering future revisions to an approved M-R development plan. The design parameters shall
be in the form of a letter and shall include the following:
. The minimum distance between any building and any adjacent property line or street
. The minimum distance between the edge of any driveway, parking area, loading area, trash
storage area and any adjacent property line or street rightofway.
. The maximum number of freestanding signs on the site, the maximum square footage of sign
surface area and maximum height of each.
d. The maximum height and number of light poles and type of fixtures.
The design parameters shall become part
of the ordinance approving the M-R Development
) No building permit shall be issued until the development plan is approved by
) 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
development for compliance with the approved development plan.
Changes may be made to an approved M-R development plan subject to approval by the
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-R development plan with required public
hearing before the planning and zoning commission.
) The applicant may submit the development plan at the time of rezoning to MR.
this option, the development plan will be considered by the commission and the council as part
of the rezoning request.
(g) Simplified M-R Zoning. An application may be submitted for a
simplified M-R District
provided the application complies with the following conditions:
(1) There shall be no new development proposed on the site, including the construction
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-C district.
(2) The requirements of subsection (d) are met, unless a specific exception is
approved by the council.
The procedure for review and approval of M-R 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.
Effect of Amendments to District MR Regulations.
(1) Buildings constructed in accordance
with an approved final MR plan are lawful
(2) Proposed revisions to final MR
plans approved under regulations in effect before August
16, 1999 shall be reviewed under the procedural provisions of this section.
(Code 1964, § 19.170; Ord. No. 9958, § 1, 10-3-83; Ord. No. 13058, § 1, 8-19-91;
14514, § 1, 6-19-95; Ord. No. 14677, § 1, 11-6-95; Ord. No. 15134, § 1, 2-3-97; Ord.
§ 1, 8-16-99; Ord. No. 16181, § 1, 9-20-99; Ord. No. 17575, § 1, 2-3-03; Ord. No. 18464,
§ 1, 4-4-05;
Ord. No. 19343, § 3, 1-2-07;
Ord. No. 19748, § 1, 12-3-07
; Ord. No. 20181; § 1, 2-2-09
Ord. No. 21095, § 13, 9-19-11)
Editor's note - Ord. No. 20181, § 1, adopted February 2, 2009, which amended section 29-18
above, shall be in full force and effect from and after March 1, 2009.
(Ord. 21095, Amended, 09/19/2011, Prior Text; Ord. 20181, Amended, 02/02/2009, Prior Text; Ord. 19748, Amended, 12/03/2007, Prior Text; Ord. 19343, Amended, 01/02/2007, Prior Text; Ord. 18464, Amended, 04/04/2005, Prior Text; Ord. 17575, Amended, 02/03/2003, Prior Text; Ord. 16126, Amended, 08/16/1999, Prior Text; 15134, Amended, 02/03/1997, Prior Text)