Columbia Specific regulatory procedures ordinance (§ 29-6.4)

(a) Zoning compliance. Each application under this chapter that does not require one or more of the specific regulatory procedures in subsections (b) through (q) below shall be reviewed for zoning compliance. Zoning compliance checks shall be conducted by the department, and applications shall be approved if they comply with this chapter. The department's decision may be appealed to the board pursuant to section 29-6.3(f).

(b) Building permit.

(1) No erection, alteration, or enlargement of a building may begin until the owner of the property on which the building is or will be located, or the owner's authorized agent, has applied to the director for a building permit and the director has issued a building permit authorizing the proposed erection, alteration, or enlargement. The director shall issue a building permit if the application is consistent with the requirements of this chapter, all adopted and applicable building codes of the city, and all other regulations of the city. Failure to comply with the provisions of this chapter shall be good cause for the revocation of any building permit by the director. A record of such applications and plans shall be kept in the office of the department.

(2) Building permits may not be issued for a tract or parcel of land consisting of two (2) or more adjacent lots or one lot and a portion of another lot.

(3) A building permit shall only be issued on a lot as defined in section 29-1.11.

(4) No building permit shall be issued for construction of a new building on a lot that does not have access allowing vehicles, pedestrians, and bicycles to pass from a public street directly onto the lot, provided non-residential lots within a unified development may obtain access to a public street to the lot over an irrevocable access easement approved by the city counselor, or designee.

(5) No building permit shall be issued for construction of a new building on a lot until the director determines sufficient infrastructure exists, or will exist at the time the building is completed and occupied, to support the proposed use, including, but not limited to adequate utilities, storm drainage, water, sanitary sewer, electricity, streets and sidewalks.

(c) Certificate of occupancy.

(1) Requirement. No vacant land shall be occupied or used except for agricultural uses, and no building erected or structurally altered shall be occupied or used until a certificate of occupancy has been issued by the director. A certificate of occupancy shall state that the building or proposed use of a building or land complies with this chapter and with all the building and health laws and ordinances of the city.

(2) Vacant land. A certificate of occupancy for the use of vacant land, or the change in the character of the use of land, shall be applied for before any such land shall be occupied or used, and a certificate of occupancy shall be issued within ten (10) days after the application has been made, provided such use is in conformity with the provisions of this chapter.

(3)

Buildings. A certificate of occupancy for a new building or the alteration of an existing building shall be applied for in writing coincident with the application for a building permit, and shall be issued within ten (10) days after the erection or alteration of such building or part of the building has been completed in conformity with this chapter. Pending the issuance of a regular certificate, a temporary certificate of occupancy may be issued by the director for a period not exceeding six (6) months, during the completion of alterations or during partial occupancy of a building pending its completion. The temporary certificate shall not be construed as altering the respective rights, duties or obligations of the property owners or of the city relating to the use or occupancy of the premises, or any other matter covered by this chapter, and the temporary certificate shall not be issued except under such restrictions and provisions as will ensure the safety of the occupants.

(d) Variance.

(1) Procedure.

(i) An applicant may apply for a variance from the zoning regulations of this chapter, but no variance may change the review and approval procedure for any type of application set forth in this chapter.

(ii) An application for a variance shall be decided by the board pursuant to the criteria shown in subsection (2) below, with the following exceptions:

(A) No variances from the subdivision standards in section 29-5.1 are permitted. Requests for deviations from the subdivision standards shall be considered by the commission and decided by council during the subdivision of land procedures in section 29-5.2.

(B) Variances in the historic preservation overlay district shall be approved as described in section 29-2.3(c)(14) (variances).

(C) Variances in the floodplain overlay district shall be approved as described in section 29-2.3(d)

(15) (variance procedures) and section 29-2.3(d)(16) (conditions for variances).

(D) Variances from sign regulations shall be approved as described in section 29-6.4(d)(2)(ii) (sign variances).

(iii) Any person or persons, jointly or severally aggrieved by any decision of the board, any taxpayer, or any officer or director of the city, may appeal a decision of the board to a court of competent jurisdiction.

(2) Criteria for approval. The board may approve an application for a variance from the terms and provisions of this chapter if it determines that all of the following are true.

(i) General criteria.

(A) The variance is required to address practical difficulties or unnecessary hardships related to the shape, size, terrain, location or other factors of the applicant's site, those difficulties or hardships are not generally applicable to property in the area, and the difficulties or

hardships were not created by the actions of the applicant;

(B) The variance will not have the effect of permitting a use of land that is not indicated as a permitted or conditional use in section 29-3.1 (permitted use table) in the zone district where the property is located, nor shall a variance be granted to modify a standard that operates as part of the definition of any use;

(C) The variance will not permit a development that is inconsistent with the adopted comprehensive plan;

(D) The variance is the least change from the requirements of this chapter necessary to relieve the difficulty or hardship; and

(E) The variance will not harm the public health, safety, or welfare or be injurious to other property or improvements in the area where the property is located.

(ii) Sign variance. The board may only grant a variance to the sign regulations in section 29-4.8 if it also determines (in addition to the criteria in subsection (i) above) that variance will not change both the maximum size and the maximum height of freestanding signs.

(iii) Floodplain regulations. In addition to the findings in subsection (i) above, no variance to the floodplain overlay district regulations in section 29-2.3(d) shall have any effect unless the record of the proceeding before the board contains a written opinion of a registered professional engineer that the granting of the variance would not result in any increase in quantity or velocity of flow, degradation of water quality, or negative impacts upon adjoining or downstream properties, nor upon the stormwater system, which shall be accompanied with supporting documentation used by the engineer in rendering the opinion required by this section.

(e) Adjustment of form-based controls.

(1) Minor. An applicant for a permit or approval in the M-DT district may apply for an adjustment to the form-based controls in section 29-4.2 and the director may approve the adjustment if the director determines that all of the following criteria have been met:

(i) The proposed adjustment will not result in development that is inconsistent with the intended character of the M-DT district or the regulating plan for the block face including the applicant's property or the block face(s) immediately across the street(s) from the applicant's property;

(ii) The proposed adjustment will result in a building and site design of equal or superior quality and visual interest to that required by the application of the form-based controls in section 29-4.2; and

(iii) The proposed adjustment will not result in any of the following:

(A) Change a minimum or maximum height requirement by more than five (5) percent;

(B) Change a finished floor elevation requirement by more than five (5) percent;

(C) Change a street wall height, length, or access gate requirement by more than ten (10) percent;

(D) Move a required building line further from the street;

(E) Move a required building line more than six (6) inches closer to the street;

(F) Reduce a minimum percentage of a building frontage that must be built to the required building line by more than five (5) percent of the required length;

(G) Move a parking setback line more than five (5) feet closer to any street;

(H) Increase the maximum average spacing of building entrances by more than ten (10) percent;

(I) Change a minimum or maximum fenestration requirement by more than five (5) percent; or

(J) Change the minimum or maximum depth of a building projection by more than five (5) percent.

(2) Major. All other variances from the form-based controls in section 29-4.2 shall require an approval by the board, after a public hearing, following the procedure in section 29-6.4(d) but based on the criteria in section 29-6.4(e)(1)(i) and (ii) above instead of the criteria in section 29-6.4(d).

(f) Sign permit.

(1) Applicability.

(i) A permit is required prior to the erection, construction, reconstruction, alteration, moving, conversion or maintenance of any sign, except those signs listed in subsection (ii) below or signs otherwise exempted in this chapter or other ordinances or regulations of the city.

(ii) The following types of signs may be erected without the issuance of a permit or payment of a permit fee, but each such sign shall meet all the standards and requirements for that type of sign in section 29-4.8 (signs):

(A) Signs indicating a home or apartment or non-residential building or structure, or part of a home, apartment, building or structure, for sale, rent, or lease;

(B) Construction signs;

(C) Memorial signs or tablets when cut into masonry surface or when constructed of bronze or other incombustible material;

(D) Government building signs erected on a municipal, state or federal building that announce the name, nature of the occupancy and information as to use of or admission to the premises.;

(E) Official signs furnished by the superintendent of the Missouri State Highway Patrol designating an official vehicle inspection station in accordance with RSMo 307.365. One such sign shall be allowed for each street frontage at all such official vehicle inspection stations, in addition to the signs allowed by the following provisions;

(F) Noncommercial signs;

(G) Commercial flags allowed under section 29-4.8(c)(11);

(H) Signs prohibiting peddlers, solicitors, hawkers, itinerant merchants or transient vendors of merchandise, when placed upon private residential property;

(I) "No Parking" signs that comply with section 29-4.8(e)(8) or section 14-561 of the City Code; provided the sign does not exceed eighteen (18) inches by twenty-four (24) inches in dimension; and

(J) Garage sale signs.

(2) Procedure.

(i) The director shall approve the application if the director determines that it complies with this chapter and all other ordinances and regulations of the city.

(ii) No permit shall be issued for erection of a sign on property on which a sign plan has been approved under section 29-6.4(g) (sign plan approval), where the sign does not conform with the requirements of that plan, without the removal at the applicant's expense of all signs permitted by the plan and not otherwise permitted.

(iii) A permit issued under this section 29-6.4(f) shall become null and void six (6) months after the date of issuance if the work authorized by the permit has not been completed.

(iv) The director may revoke any permit issued pursuant to this section 29-6.4(f) if the permit holder does not comply with any of the provisions of this chapter.

(g) Sign plan approval. The owner or lessee of the premises upon which a sign is to be erected may file an application with the board for approval of a sign plan upon forms provided by the city and the board may approve a sign plan allowing different numbers and types of signs permitted on a property if it determines that the following criteria are met. Sign plans are not allowed in a PD district. An adjustment to a permitted sign in a PD district requires an amendment to the PD district approval.

(1) No unlawful signs shall be permitted;

(2) Each sign meets the size, setback and other limitations and requirements for that type or class of sign in section 29-4.8;

(3) The sign plan reduces the number of signs that would otherwise be permitted on the property;

(4) The sign plan reduces the total square footage of signs that would otherwise be permitted on the property;

(5) The sign plan does not violate the spirit or intent of section 29-4.8; and

(6) All nonconforming signs on the property or premises shall be brought into compliance with the requirements of this chapter.

(h) Temporary parking permit.

(1)

Procedure. The director may issue temporary permits to allow parking of motor vehicles in a yard area as prohibited in section 29-4.3(f)(3) (parking-use of yards), for a period of up to forty-eight (48) hours on Saturdays, Sundays, and holidays, if the director determines that the criteria in subsection (2) have been met.

(2) Criteria for approval.

(i) The parking is necessary for an event of city-wide or area-wide concern that will attract traffic that cannot be effectively served by existing accessible parking facilities; and

(ii) The permit will not permit parking in the yard area of a one-family, one-family attached or twofamily dwelling.

(i) Floodplain development permit. Floodplain development permits shall be approved as described in section 29-2.3(d) (floodplain overlay district).

(j) Optional development standards approval.

(1) Applicability.

(i) The provisions of this section apply to:

(A) Property owners in the R-2 district that apply to have the development of their property subject to the "cottage" development standards rather than the "current" development standards as shown in Table 29-2-3 and Table 4.1-1.

(B) Property owners in the M-N district that apply to have the development of their property subject to the "pedestrian" development standards rather than the "current" development standards as shown in Table 29-2-7 and Table 4.1-2.

(C) Property owners in the M-C district that apply to have the development of their property subject to the "transit" development standards rather than the "current" development standards as shown in Table 29-2-8 and Table 4.1-2.

(ii) Any such application shall request that the city approve the application of all of the optional development standards available for the zone district in which the property is located, as listed in Tables 29-2-3, 29-2-7, 29-2-8, 4.1-1, and 4.1-2 respectively. The board may not approve an application requesting application of some but not all of the optional development standards listed in the applicable tables for the zone district where the property is located.

(2) Procedure.

(i) The department shall review the application and make a recommendation to the board, which shall hold a public hearing on the application.

(ii) If approved by the board, the applicability of the optional development standards shall be indicated by recording a notice with the recorder of deeds.

(iii)

The owner of property for which optional development standards have been approved subject to this section 29- 6.4(j) may apply to have the "current" development standards reapplied to the property, and the board may approve that application, through the same process and using the same criteria used to approve the optional development standards.

(3) Criteria for approval. The board may approve an application for optional development standards if it determines that the following criteria have been met:

(i) The use of optional development standards is consistent with the intended character of the area as shown and described in the city's adopted comprehensive plan;

(ii) The use of the optional development standards will provide adequate off-street parking for the permitted uses available in the zone district where the property is located, and will not result in significant increases in off-site parking on sections of local neighborhood streets other than those immediately fronting the applicant's property; and

(iii) The use of the optional development standards will not create additional traffic congestion or risks to public health and safety in the surrounding area.

(k) Certificate of appropriateness. A certificate of appropriateness in the HP-O district shall be approved as described in section 29-2.3(c)(8).

(l) Landmark and historic district designation. Designation of landmark and historic districts shall be approved as described in sections 29-2.3(c)(5) and (6). If designated, the district shall be added to the list of approved districts in section 29-2.3(c)(7).

(m) Conditional use permit.

(1) Procedure.

(i) Except as otherwise specifically provided elsewhere in this chapter, the department shall review the application and shall forward a recommendation to the commission based on the criteria listed in subsection (2) below.

(ii) The commission shall hold a public hearing on the application and shall make a recommendation to the council. The commission's recommendation shall be based on the criteria in subsection (2) below and shall be in writing.

(iii)

After the public hearing in front of the commission, the commission may make a tentative recommendation and direct the department to draft a proposed written recommendation to be presented to commission at its next meeting. The applicant may also submit a proposed recommendation to the commission. The commission may accept, reject, amend or modify any proposed recommendation and shall submit a proposed recommendation to the council.

(iv) The council shall take final action on the application after considering the criteria in subsection (2) below. The council's decision shall be in writing. The council may accept, reject, amend or modify any written recommendation of the commission and adopt such recommendation as its final written decision.

(v) An application for a conditional use permit may be combined with an application for a variance, but the board shall decide the application for a variance based on the criteria for approval in section 29-6.4(d) (variance) before the commission holds its public hearing on the conditional use permit.

(vi) A conditional use permit is to allow that use on a specific site and may not be transferred to any other site.

(2) Criteria for approval. After giving due consideration to the following criteria, the commission may recommend and the council may grant a conditional use permit which may include any conditions deemed necessary to carry out the provisions and intent of this chapter.

(i) General criteria.

(A) The proposed conditional use complies with all standards and provisions in this chapter applicable to the base and overlay zone district where the property is located;

(B) The proposed conditional use is consistent with the city's adopted comprehensive plan;

(C) The proposed conditional use will be in conformance with the character of the adjacent area, within the same zoning district, in which it is located. In making such a determination, consideration may be given to the location, type and height of buildings or structures and the type and extent of landscaping and screening on the site;

(D) Adequate access is provided and is designed to prevent traffic hazards and minimize traffic congestion;

(E) Sufficient infrastructure and services exist to support the proposed use, including, but not limited to, adequate utilities, storm drainage, water, sanitary sewer, electricity, and other infrastructure facilities are provided; and

(F) The proposed conditional use will not cause significant adverse impacts to surrounding properties.

(ii) Criteria for communication antennas and towers. When considering a conditional use permit application for a communications antenna or tower, the application shall be submitted to the board and the board shall consider the following criteria in addition to those listed in subsection

(i) above, and its decision shall be based on substantial evidence in the written record:

(A) Whether or not existing towers are located within the geographic area necessary to meet the applicant's engineering requirements;

(B) Whether or not existing towers, structures or buildings within the applicant's required geographic area are of sufficient height to meet system engineering requirements;

(C) Whether or not existing towers or structures have sufficient structural strength to support the applicant's proposed antenna;

(D) Whether or not the fees, costs, or other contractual terms required by the owner(s) of existing tower(s), structure(s) or building(s) within the required geographic area of the applicant or to retrofit the existing tower(s) or structure(s) are reasonable;

(E) Whether or not there are other limiting conditions that render existing towers, structures or buildings within the applicant's required geographic area unsuitable;

(F) Whether or not the proposal minimizes the number and size of towers or structures that will be required in the area;

(G) Whether or not the applicant has previously failed to take advantage of available shared use opportunities provided by this section or otherwise; and

(H) Whether or not the applicant has provided sufficient evidence indicating that the tower will be made available for use by others, subject to reasonable technical limitations and reasonable financial terms.

(iii) Criteria for short-term rentals. When considering a conditional use permit application for a shortterm rental (STR), the commission and council shall consider the following criteria in addition to those listed in subsection (i) above:

(A) Whether the proposed STR is used for any part of the year by the registrant as a residence. If so, for how long?

(B) Whether or not there are established STRs within three hundred (300) feet of the proposed STR measured in all directions from property lines "as the crow flies."

(C) Whether the proposed registrant has previously operated an STR and if such operation has resulted in a history of complaints, a denied STR certificate of compliance, or revocation of an issued STR certificate of compliance.

(D) Whether the proposed STR will increase the intensity of the use of the property and cause increased traffic or noise coming from the property.

(E) Whether there is support for the establishment of the proposed STR from neighboring property owners.

(n) Text and zoning map amendments.

(1) General zoning map and text amendments.

(i) Applicability.

(A) Any person, firm, or corporation owning real property within the city, the commission, or the council may file an application to change the text of this chapter.

(B) Any person, firm, or corporation owning real property within the city, or the commission, or the council, may file an application to change the boundaries of any base or overlay district on the zoning map, including, but not limited to, proposed changes in the regulating plan for the M-DT district;

provided that no person, firm, or corporation may file an application to change the boundaries of a base or overlay zone district or any portion of the regulating plan for property not owned by that person, firm, or corporation.

(C) No application for a general zoning map or text amendment shall request changes in the alternative; the requested text and/or boundary change shall be stated as a single proposal to the city. An applicant may include separate requests for changes to more than one section of the chapter, or to the zoning map as applied to more than one lot, tract or parcel in common ownership, so long as no changes are presented in the alternative.

(D) No application to amend the zoning map may be filed if it is the same or substantially the same as an application submitted within the previous twelve (12) months that was denied by the council or withdrawn by the applicant after a negative recommendation from the commission. The council may, in its sole discretion, authorize a resubmittal within the twelvemonth period after reviewing a written request from the applicant that provides justification for the early resubmittal.

(ii) Procedure.

(A) The department shall review the application and shall forward copies of the application and supporting documents to other city departments and public or quasi-public agencies affected by the requested change. The departments or agencies to which the application is sent shall, within ten (10) days of receipt of the application and supporting materials, forward their recommendations to the department. The failure of a department or agency to respond within ten (10) days shall be construed as that department or agency having no objections to the proposed change.

(B) The department shall make a written recommendation to the commission as to whether the proposed change conforms to the city's adopted comprehensive plan, whether adequate utilities, storm drainage, water, sanitary sewer, electricity, and other infrastructure facilities are available to support development that would be enabled by a proposed zoning map change, and the expected results of the proposed change.

(C)

The commission shall hold a public hearing on the application and shall make a recommendation to the council.

(D) The council shall take final action on the application. The council shall not approve a change to the chapter text or zoning map that allows less restrictive development, or that enlarges the area to be rezoned beyond the area that was the subject of the public notice and commission public hearing.

(E) If a protest against a change to the zoning map duly signed and acknowledged by the owners of thirty (30) percent or more, either of the area of land (exclusive of streets and alleys) included in such proposed change, or within an area determined by lines drawn parallel to and one hundred eighty-five (185) feet distant from the boundaries of the area proposed to be changed, the zoning map change amendment shall only be adopted if it receives the affirmative vote of two-thirds (⅔) of the members of the council then in office and not disqualified from voting under section 2-53.1 of the City Code. An abstention shall not be counted either for or against the amendment. In order to be valid, protest petitions must be filed with the city clerk no later than noon on the Wednesday before the council meeting at which the proposed amendment is scheduled to be considered for passage.

(F) The city manager may place a council bill that changes the zoning map, including but not limited to a proposed change in the regulating plan for the M-DT district, or approves a development plan, or amends this chapter, on the council consent agenda if the city manager determines that the following criteria have been met:

1) The commission has recommended approval of the application and less than twenty-five

(25) percent of the commissioners present voted against the motion to recommend approval;

2) The applicant agrees with the commission recommendation, including but not limited to any conditions, limitations, or restrictions to the application as originally filed; 3) No protest petition has been timely filed with the city clerk; and 4) The commission has not recommended that the proposal be considered under old business.

(G) Any council bill to change the zoning map including but not limited to proposed changes in the regulating plan for the M-DT district; placed on the consent agenda shall be removed and placed under old business at the request of any council member. The council may remove any such bill from the consent agenda and place it under old business at the council meeting at which the council bill is scheduled to be considered for passage.

(2) Zoning map amendments to PD district.

(i) Applicability.

(A) Applications to change the zoning map to designate land into a PD district, or to modify a PD district, shall be made, reviewed, and decisions made as described in section 29-6.4(n)(1) above, except to the extent those requirements are modified in this subsection.

(B) Rezoning to a PD district requires council approval of a zoning map amendment, a statement of intent for the proposed development, and a development plan for the property. The statement of intent and development plan shall be binding on the owner and its successors and assigns. Later development applications must be consistent with the approved statement of intent and development plan, or the development plan will need to be modified by council action.

(ii) Approval procedure.

(A) Before filing an application, the applicant must first meet with the director for a concept review of the proposal. The concept review is an informal discussion to discuss land use and development concepts, consistency with the city's adopted comprehensive plan, applicable sections of this chapter and other city ordinances and regulations, and other concerns about the impacts of the proposed change that may be raised.

The application shall be accompanied by a statement of intent including, at a minimum, those items listed below and a development plan meeting the city's requirements as defined within the UDC Administrative Manual. The application and development plan shall be reviewed by the department and commission, and shall be the subject of final action by council, simultaneously. No application for a zoning map change to a PD district shall be approved without approval of an accompanying statement of intent or development plan. The required statement of intent shall, at a minimum, include the following items:

1) The uses proposed in the PD district using the same names for uses, or combinations of those names, shown in Table 29-3.1. Such list may not contain any use that is not shown in Table 29-3.1 as that table appears at the time of the application; 2) The type(s) of dwelling units proposed and any accessory buildings proposed; 3) The maximum number of dwelling units and bedroom mix (multi-family only) proposed and the development density (net and gross);

4) Minimum lot sizes, if applicable, maximum building height, minimum building setbacks from perimeter and interior streets, other property lines and minimum setbacks between buildings;

5)

The total number of parking spaces proposed (on-site or off-site) and the parking ratio per dwelling unit. Where off-site parking is proposed documentation shall be provided showing compliance with the provisions of this chapter;

6) The minimum percentage of the entire site to be maintained in open space, shown by the percent in landscaping and the percent left in existing vegetation; and 7) Any amenities proposed, such as swimming pools, golf courses, tennis courts, hiking trails or club houses.

(B) The application materials shall document whether adequate utilities, storm drainage, water, sanitary sewer, electricity, and other infrastructure facilities are available to support the proposed development.

(C) If the proposed PD development will require subdivision or resubdivision of land, the requirements of section 29-5 regarding subdivision of land shall apply, but the application for a PD district and subdivision of land may be completed simultaneously as described in section 29-5.2(c)(2). Any design modifications to the subdivision regulations proposed as part of the PD application shall be clearly stated on the PD development plan. Such design modifications shall be considered along with commission and council review of the plan.

(D) No building permit shall be issued for any construction in a PD district until the development plan has been approved by the council.

(E) No building permit shall be issued for any construction in a PD district that requires subdivision or resubdivision of land until a final subdivision plat for the property on which permits are requested has been approved by council.

(F) If the PD includes buildings other than single-family detached dwellings or two-family dwellings, with each such dwelling located on an individual platted lot, 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 for compliance with the approved development plan.

(G) If construction consistent with the approved development plan has not begun within three (3) years after council approval of the development plan or a major modification of the development plan, the development plan shall expire and be of no force or effect, and no permit for development within the PD district shall be approved until a new development plan is approved pursuant to the same procedures used to approve the initial PD district. Prior to expiration of the PD development plan, the council may extend the time for a oneyear period, on a one-time-only basis. A request for a time extension must be made in the form of a letter signed by the property owner or his agent.

(iii) Modification procedure.

(A)

Minor changes to an approved development plan may be approved by the director. If the PD district contains any single-family detached dwellings or two-family dwellings, minor changes are those that:

1) Comply with the original statement of intent;

2) Do not increase the project density in total or in areas of the PD; 3) Do not change the dwelling unit type (attached, detached, multi-family) being altered; 4) Do not increase the height or size of any building;

5) Do not change the size or nature of public or private infrastructure; 6) Do not change the project amenities such as landscaping, open space, common area or recreational facilities;

7) Do not rearrange the locations of buildings;

8) Do not increase any parking area;

9) Do not change the permitted use of any structure; and 10) Do not create a potential increase in traffic.

(B) If the PD district contains does not contain any single-family detached dwellings or two-family dwellings, minor changes are those that:

1) Do not increase the height or size of any building;

2) Do not increase any parking area;

3) Do not rearrange the locations of buildings;

4) Do not change the size or nature of public or private infrastructure; and 5) Do not change the project amenities such as landscaping, open space, common area or recreational facilities.

(C) Changes that do not meet the criteria for a minor change under subsection (a) or (b) above, as applicable, shall follow the same procedure as if it were a new development plan for the PD district.

(3) Zoning map amendment to UC-O district. Applications to change the zoning map to designate land into a UC-O district, or to modify a UC-O district, shall be made, reviewed, and decisions made as described in section 29-6.4(n)(1) above, except to the extent those requirements are modified in section 29-2.3(a) (UC-O district).

(4) Zoning map amendment to SR-O district. Applications to change the zoning map to designate land into a SR-O district, or to modify a SR-O district, shall be made, reviewed, and decisions made as described in section 29-6.4(n)(1) above, except to the extent those requirements are modified in section 29-2.3(b) (SR-O district).

(5) Zoning map amendment to R-MH district.

(i) Applicability.

(A)

Applications to change the zoning map to designate land into an R-MH district, or to modify an R-MH district, shall be made, reviewed, and decisions made as described in section 29-6.4(n)(1) above, except to the extent those requirements are modified in this subsection.

(B) Applications to change the zoning map to designate land into an R-MH district require council approval of both a zoning map amendment and a development plan for the property that shall be binding on the owner and its successors and assigns. Later development applications must be consistent with the approved development plan, or the development plan will need to be modified by council action.

(ii) Procedure.

(A) Before filing an application, the applicant must first meet with the director for a concept review of the proposal. The concept review is an informal discussion to discuss land use and development concepts, consistency with the city's adopted comprehensive plan, applicable sections of this chapter and other city ordinances and regulations, and other concerns about the impacts of the proposed change that may be raised.

(B) The application shall be accompanied by a preliminary development plan meeting the city's requirements, and the application and development plan shall be reviewed by the department and commission, and shall be the subject of final action by council, simultaneously. No application for a zoning map change to an R-MH district shall be approved without approval of an accompanying preliminary development plan.

(C) If council approves the zoning map change ordinance and the preliminary development plan, with or without conditions, the applicant shall submit a final R-MH development plan to the director. The director shall approve the application if it complies with this chapter, all other city ordinances and regulations, and is consistent with the preliminary development plan as approved by council.

(D) If the proposed R-MH development will require subdivision or resubdivision of land, the requirements of section 29-5 regarding subdivision of land shall apply, but the application for a R-MH district and subdivision of land may be completed simultaneously as described in section 29-5.2(c)(2). Any design modification to the subdivision regulations proposed as part of the R-MH application shall be clearly stated on the development plan. Such design modification shall be considered along with commission and council review of the plan.

(E) No building permit shall be issued for any construction in an R-MH district until the final development plan has been approved by the director.

(F) No electrical permit shall be granted for a manufactured home located in an R-MH district with an approved final development plan unless the placement of the manufactured home is in compliance with the approved final development plan.

(G)

No building permit shall be issued for any construction in an R-MH district that requires subdivision or resubdivision of land until a final subdivision plat for the property on which permits are requested has been approved by council.

(iii) Enlarging existing manufactured home parks. An application to enlarge manufactured home parks existing on the effective date shall be subject to all provisions of this section relating to requirements for adoption of a new R-MH district. When a final development plan is approved for an extension of a manufactured home park existing on the effective date the screening requirements of section 29-4.4 shall apply to the entire manufactured home park.

(o) Comprehensive plan amendment.

(i) Applicability. This procedure may be used to amend the city's adopted comprehensive plan or to adopt a new comprehensive plan. An application to amend the comprehensive plan may be filed by the commission, the council, or any resident of the city. An application to adopt a new comprehensive plan may be filed by the commission or the council.

(ii) Procedure.

(A) The director shall review the application and make a report to the commission regarding the areas of change from the adopted comprehensive plan and the anticipated long-term impacts of those changes on the growth, development, and sustainability, and affordability of the city, the investment climate in the city, and the efficiency of city administration.

(B) The commission shall review the application, hold a public hearing on the proposed amendment, and make a recommendation to council.

(C) The council shall take final action on the application.

(p) Tall structures in the M-DT district.

(i) Applicability. This procedure shall apply to proposed construction of buildings located upon frontages designated as urban general/urban general storefront on the M-DT regulating plan that seek to exceed the permitted maximum building height as defined within section 29-4.2 of this chapter.

(ii) Procedure. All proposed buildings that exceed the maximum building height shall require council approval. Requests for tall structure approval in district M-DT shall require a petition on a form provided by the director and shall be referred to the commission for a recommendation and council consideration of an ordinance approving the tall structure in the same manner and following the same procedural steps as described in section 29-6.4(n) of this chapter.

Petitioners shall provide the planning and zoning commission with preliminary building plans (elevations and representative floor plans), site plan including adjacent streets and alleys, and a shade study. A "shade study" represents, in graphic form, the shade cast by the tall structure on adjacent properties and streets, by time of day and by season. An example of adverse impacts revealed by a shade study would be complete shading of rooftop solar panels mounted on an adjacent, lower building.

A tall building may be approved by the council if it satisfies the following criteria:

(A) The height is consistent with adopted city plan recommendations for maximum building height in the specific location;

(B) The additional height will not have an adverse impact on the availability of air and light to adjacent buildings and public streets; adequate spacing exists between the proposed building and openings in the walls of an adjacent building or between the proposed building and rooftop spaces used as amenities to allow the penetration of sunlight to those openings or rooftop spaces;

(C) The additional height will not create demand on any public utility or public infrastructure in excess of available capacity, as concluded by an engineering analysis of the projected utility loads and the existing and planned capacities of infrastructure to accommodate it; and

(D) Public sidewalks, crosswalks, and streets adjacent to the site are of sufficient capacity to handle the anticipated pedestrian and vehicular traffic generated by the tall structure, as concluded by a traffic impact analysis.