§ 12.5. Adaptive reuse projects.

1.

Intent. Typically, various land use activities are provided for in one or more zoning districts. The criteria for such allocations is based upon similarities in the nature of uses and their relationship to other such uses and adjoining development. Zoning districts are also established to coordinate with and provide for the effectuation of the city's long-range development plan.

The city does, however, possess various existing specialized structures which have become functionally obsolete for their original purpose and whose redevelopment or conversion in conformance with the city comprehensive development plan would be unnecessarily burdensome. It is therefore, the intent of this section to set forth the basic qualifying criteria, project classification, development standards, and submittal requirements necessary to provide for the adaptive reuse of eligible properties within the city to support the local economic and employment base without adversely affecting the public health, safety, and welfare of the city as a whole.

2.

Qualifying criteria:

a.

The city commission shall approve the adaptive reuse of nonresidential buildings and uses. In qualifying a site for adaptive reuse, the city commission shall find the following conditions to exist:

(1)

The subject site is zoned in compliance with the city's comprehensive development plan;

(2)

The use can no longer be reasonably continued for its existing purpose by reason of market conditions or operational constraints (i.e., limited site size, floor area deficiencies, parking or loading area, etc.)

(3)

Site redevelopment in accordance with local development codes would be unnecessarily burdensome by reason of ordinance compliance (restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot) or cost; and

(4)

The subject site has frontage on, or direct access to, an improved major or secondary thoroughfare.

b.

The city commission may not grant adaptive reuse status to any property whose principal structures are found to be destroyed by any means to the extent of more than 50 percent of its replacement cost. Any subsequent use of such land shall conform to the regulations of the zoning district in which it is located.

3.

Data required:

a.

Application for adaptive reuse project as provided under the provisions of this Ordinance shall be made to the city clerk by filing an application form; submitting required data, exhibits, and information; and depositing the required fee as established by resolution of the city commission, and as may be amended from time-to-time. No portion of such fee shall be reimbursable to the applicant.

b.

An application shall contain the following:

(1)

Applicant's name, address, and telephone number.

(2)

Address and tax description number of the subject parcel.

(3)

A signed statement that the applicant is the owner of the subject parcel, or is acting as the owner's representative.

(4)

A certified survey drawing of the subject parcel.

(5)

Supporting statements, evidence, data, information and exhibits which address those qualifying criteria for assessing special condition use permit applications outlined in subsection 2., above.

4.

Public hearing requirements:

a.

Upon receipt of an application for an adaptive reuse project, the planning commission shall hold a public hearing, one notice of which shall be published not less than five nor more than 15 days prior to the public hearing date in a newspaper of general circulation in the city and sent by first class mail to the owners of the property for which an adaptive reuse project is being considered, to the owners of record of all real property and to the occupants of all structures located within 300 feet of the boundaries of the property in question. The notice shall:

(1)

Describe the nature of the adaptive reuse request.

(2)

Adequately describe the property in question.

(3)

State the date, time, and place of the public hearing.

(4)

Indicate when and where written comments concerning the request will be received.

5.

Project classification:

a.

Upon holding a public hearing, the planning commission shall determine whether the qualifying criteria have been met as set forth in paragraph 2. above.

The planning commission shall within 30 days of making such determination forward to the city commission its finding and recommendation.

b.

The city commission, upon receipt of the finding, may table action for purposes of further study or gaining additional information; deny the application for adaptive reuse upon finding that the criteria have not been met, or approve the application for adaptive reuse upon finding that the qualifying criteria have been met.

c.

If the applicant for adaptive reuse is approved, the city commission shall designate the applicant's property as either a Class I or Class II site.

(1)

Class I sites permit the conversion of institutional or business uses in residential zones. Properties may be redeveloped/converted to offices, multifamily developments, care facilities and similar uses deemed no more objectionable then the forementioned uses.

(2)

Class II sites permit the conversion of industrial uses in residential or commercial zones. Properties may be redeveloped/converted to any Class I purpose, business uses, as well as less intensive industrial development in areas zoned for business.

6.

Development standards:

a.

In areas meeting the above criteria, development standards may be modified by the planning commission upon finding adequate evidence that the proposed use:

(1)

Will be compatibly designed, constructed, and maintained with the existing and intended character of the vicinity;

(2)

Will not be hazardous or disturbing to existing or future neighboring uses;

(3)

Will be served adequately by essential public services and facilities or the agencies responsible for the establishment of the proposed use shall be able to adequately provide for such services; and,

(4)

Will not involve uses, activities, processes, materials, equipment, and conditions of operation that will be detrimental to any persons, property, or the general welfare by reason of excessive smoke, fumes, glare, noise, vibration, or odor.

b.

The planning commission may require such additional safeguards as deemed necessary for the protection of the general welfare and for insuring individual property rights and for insuring that the intent and objectives of this Ordinance will be observed.

7.

Site plan requirements:

a.

Site plan approval shall be required in accordance with section 13.1 of this Ordinance and all applicable ordinances.

(1)

The planning commission may, at its discretion, concurrently review the site plan at the time of its review of qualifying criteria.