MapLink™ | Procedures | Establishing "PID" Districts

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Establishing "PID" Districts
Procedure For Establishment Of "PID" District. In order to establish a "PID" District to utilize Property in an established "PID" District, the procedure shall be as follows:
1. Application. The owner or owners of record or owners under contract of a Lot or Property or their authorized representatives shall petition the Board on forms prescribed for this purpose by the Director. These forms are to be submitted to the Community Development Department and accompanied by the following:
a. Filing fee per requirements of Section 410.050, Procedures For A Change In Zoning;
b. Legal description of the Property;
c. Outboundary Plat of the Property;
d. Preliminary Site Plan in compliance with Section 435.030;
e. Concept Plan identifying the general location of Streets, utilities, and other proposed infrastructure and the general location of the proposed uses of the District;
f. Description/list of proposed uses; and
g. Any additional information reasonably required by the Director to determine compliance with the requirements herein.
2. When approving the change of zoning and Concept Plan, the Commission shall recommend and the Board shall establish within the governing ordinance the Permitted Uses and Uses allowed by Special Use Permit for the proposed "PID" District, required infrastructure and rules related to the same, open space requirements, required Setbacks, Buffer Areas, Building Heights and materials, Lot Area, coverage requirements, density requirements, and other conditions and requirements to meet the requirements of this Section. Upon request by the Applicant, the Board may within the ordinance that rezones the Applicant's Property "PID" District approve for good cause shown alternative standards from the Subdivision Code relative to Streets, sidewalks, and/or drainage, and such approved, alternative standards shall be indicated on the plans. All other provisions and procedures for a change of zoning of Section 410.050, Procedures For A Change In Zoning, shall apply.
3. Site Plans.
a. After passage of the rezoning ordinance and approval of the Concept Plan by the Board, the Applicant shall proceed with submitting a Site Plan. A Site Plan can either be presented for the entire "PID" District or the Applicant can proceed to construct the Zoning District in phases and submit multiple Site Plans. No building permits or authorization for improvement or development for any use requested under provisions of this Section shall be issued prior to approval of such Plans.
b. Site Plans Shall Be Submitted To The Director For Review. These plans shall contain the minimum requirements established in the conditions of the ordinance governing the "PID" District and, further, shall comply with applicable provisions of the Subdivision Ordinance and other City ordinances. If the Director finds the Plan(s) to be in substantial compliance with the zoning ordinance, the approved Concept Plan, and this Section ("Applicable Authority"), the Director shall forward to the Commission for review and recommendation. For purposes of this Section, "substantial compliance" shall mean a level of compliance with the requirements of the Applicable Authority such that any identified inconsistencies do not allow a lesser amount of performance on behalf of the Applicant nor impose a greater burden or risk upon the City or its citizens than that of the Applicable Authority. Specifically, the Director must determine that:
(1) Development density and intensity have not materially changed such that density of any use exceeds the permitted density of that use or the permitted Building Height;
(2) Design has not materially changed, in that the Street patterns, particularly ingress egress points, are in the same general location as shown on the Concept Plan, landscaped open space is in the same general location and is of the same or greater amount, or the proposed changes do not have the effect of creating any non-compliance or non-conformity with the strict application of the Zoning Code that were not previously approved, or of expanding the scope of existing variances, alternative Site Plans, options, or other approvals pursuant to alternative development standards such that they would differ to a greater degree from the strict application of the Zoning Code; and
(3) Uses have not changed to include uses not approved by the Applicable Authority.
c. The Commission shall review the Site Plan for compliance with the Applicable Authority and make a recommendation to the Board. The Board may approve, approve with conditions, or deny the Site Plan in accordance with the Applicable Authority. Within sixty (60) days of approval by the Board, the Site Plan(s) shall be recorded with the Recorder of Deeds by the Applicant at its cost and thereby authorize development as depicted thereon. Failure to record such Plan within the required time frame shall result in the Site Plan becoming null and void.
4. Guarantee Of Improvements. Unless otherwise provided for in the conditions of the ordinance governing a "PID" District, no building permits or permits authorizing the occupancy or use of any Building, facility, commercial establishment, or Structure may be use or occupied until required related off-site improvements are constructed or a performance bond, escrow, or other acceptable instrument is posted covering their estimated cost as determined by the Director. This requirement shall not apply to foundation permits or permits necessary for the installation of required related off-site improvements. Required related off-site improvements shall include, but not be limited to, Streets, sidewalks, sanitary and storm sewers, streetlights, and landscaping and trees. If a "PID" District is developed in phases, the requirement shall also apply to all major improvements necessary to the proper operation and function of the phase in question as determined by the Director, even though such improvements may be located outside of the phase in question.
5. To Amend The Rezoning Ordinance Or Concept Plan. Amendment to the Concept Plan or conditions or terms of the rezoning ordinance shall proceed through the same procedure for approval of the original Concept Plan and rezoning ordinance.
6. To Amend The Recorded Site Plan.
a. The Applicant shall submit an amended Site Plan to the Director for review. The Director shall then evaluate the request for consistency in purpose and content with the nature of the approved Concept Plan, rezoning ordinance, and original Site Plan.
b. If the Director determines that the proposed amendment to the Site Plan is major in nature and is not in conflict with the approved Concept Plan and meets all conditions of the "PID" District ordinance, said Plan shall be reviewed by the Commission and forwarded to the Board for approval. If approved, said amended Plan shall be recorded with the Recorder of Deeds by the Applicant at its cost within sixty (60) days of review and report by the Commission and approval by the Board. Failure to record within the prescribed timeline shall result in the approval of the amendment being null and void.
c. If the Director determines that the proposed amendment to the Site Plan is minor in nature and is not in conflict with the Concept Plan and meets all conditions of the "PID" District ordinance, the Director may administratively approve such amendment. Said amended Plan shall be retained on file by the Community Development Department and shall be recorded with the Recorder of Deeds by the Applicant at its cost within sixty (60) days of approval by the Director. Failure to record within the prescribed timeline shall result in the approval of the amendment being null and void.
d. If the Director determines that the proposed amendment to the Site Plan is not consistent in purpose and content of the rezoning ordinance or with the Concept Plan approved by the Board, the Director shall so report to the Applicant and the Commission. The Commission shall then review the amended Site Plan and make a recommendation to the Board for final determination.
7. Appeals. The Applicant may appeal a decision by the Director. The Applicant shall have a fifteen-day period in which to file a written appeal and plan with the Commission. The written appeal, stating the reasons for the appeal, shall be submitted to the Department. The Commission will make a final determination of the matter. No exceptions will be granted that are in violation of the particular ordinance governing the "PID" District. Such final determination by the Commission is subject to the appeal procedures of Chapter 405, Article II.
8. Failure To Commence Construction.
a. Unless otherwise determined by the Board in the rezoning ordinance, the Board shall consider the "PID" District subject to revocation if substantial construction within the "PID" District development fails to commence within one (1) year of filing of the Site Plan or construction of the first phase or building site is not completed within five (5) years from approval of the Site Plan. As used in this Section, "substantial construction" shall mean final grading for Streets necessary for first approved Plat or phase of construction and commencement of installation of sanitary and storm sewers. The Applicant shall be notified, in writing, at least sixty (60) days prior to any revocation hearing.
b. The Board may grant an extension for any phase or building site to commence construction for not more than one (1) additional year. Any extension herein provided for shall be filed with the Director prior to the expiration date for which the extension is being requested.
c. In the event the rezoning ordinance is revoked after the revocation hearing, the Site Plan and Concept Plan shall terminate and the Commission shall within forty-five (45) days recommend initiation of a new Public Hearing before the Board to revert the Property to its prior classification in accord with the proceedings specified in Section 410.060, Petitions for Change, Filing Fee, Form and Contents. When a "PID" District has terminated by reason of provisions of this Subsection, no building permit shall be issued on that Property until a Public Hearing has been held for the purpose of reinstating the "PID" District or reversion of said Property to its prior zoning classification and action taken thereon by the Board.
9. Unfinished Portions Of A Site Plan. Any ground in an unfinished phase of a Site Plan in the "PID" District not completed within one (1) year from the date of Site Plan approval by the Board shall be graded and seeded with a perennial grass seed. Said undeveloped ground shall be maintained with appropriate mowing and trimming to meet City standards, until it becomes an active construction site.
Application Materials
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Planned Unit Development Application