Article 23.5 — TRANSPORTATION OVERLAY ZONE (T-O)

There is hereby created and established in the city a transportation overlay zone, designated T-O. (Ord. 01-O-2377, eff. 8-10-2001)

The transportation overlay zone will be superimposed over the existing T zone. The transportation overlay zone establishes a process to allow limited expansion of the uses permitted on property located within the T zone in a manner that is consistent with the underlying zoning district and the elements of the general plan. (Ord. 01-O-2377, eff. 8-10-2001)

For the purposes of this article, the following words and phrases shall have the following meanings: ADJACENT TO THE C-3 ZONE: A site that shares a property line with a lot or parcel located in the C-3 zone. GROSS AREA: The total area enclosed by the exterior walls of a building or structure or portion thereof, including all nonhabitable space. (Ord. 01-O-2377, eff. 8-10-2001)

A transportation overlay zone may be applied in the T zone for any site which is adjacent to the C-3 zone and has a minimum area of one-half ([1] /2) acre. (Ord. 01-O-2377, eff. 8-10-2001)

All uses permitted and conditionally permitted in the T zone shall be permitted and conditionally permitted, respectively, in the T-O zone pursuant to the provisions set forth in article 23 of this chapter. In addition, the following uses shall be permitted in the T-O zone:

A. Surface parking, subject to the restrictions set forth in section 10-3-2356 of this article. Any site area, as defined by this chapter, developed with surface parking pursuant to this provision may also include within the T-O zone a building, or portion of a building, with a gross area of two hundred seventy five (275) square feet, provided such building is used primarily to support the surface parking use.

B. Any accessory structure located on the site area within the T-O zone, including, but not limited to, storage tanks, light standards, freestanding signs, landscape planters, and walls or fences, which was erected prior to June 19, 2001; provided such accessory structure is used primarily to support the surface parking use authorized by subsection A of this section and further provided the property owner submits a scaled plot plan to the department of planning and community development by August 19, 2001. Said plot plan shall be drawn to a reasonable scale and shall include

such information as the director of planning and community development may reasonably require. (Ord. 01-O-2377, eff. 8-10-2001)

The following restrictions shall apply to development in the T-O zone:

• A. All restrictions applicable to the T zone;

• B. All provisions of article 31 of this chapter;

C. No surface parking use shall be established, maintained, used, or occupied pursuant to subsection 10-3-2355A of this article unless the operator of the surface parking use and/or the owner of the lot or parcel on which the use is located or is to be located obtains approval from the architectural commission of a landscaping plan in accordance with the procedures set forth in article 30 of this chapter; and

D. No surface parking use or accessory structure shall be established, maintained, used, or occupied pursuant to subsection 10-3-2355A of this article unless the operator of the surface parking use and/or the owner of the lot or parcel on which the use is located or is to be located obtains approval from the director of planning and community development of a plot plan setting forth the layout of the surface parking use and the location of accessory structures on the lot or parcel. If, in the opinion of the director, the plot plan merits review by the planning commission, the director may refer such application to the planning commission for review. If the plot plan review accompanies an application for any other discretionary approval from the planning commission, the planning commission shall be the reviewing authority for the plot plan.

1. Findings: The director or planning commission may approve a plot plan for a surface parking use only upon finding:

a. That the site is adequate in size and shape to accommodate the surface parking use;

b. That the site is adequate in size and shape to provide adequate circulation for both pedestrian and vehicular traffic both on and off site.

c. The surface parking use is consistent with the elements of the city's general plan and purpose and intent of this article;

d. The surface parking use and all accessory structures, if any, maintain appropriate setbacks; and

e. The surface parking use and all accessory structures, if any, comply with all applicable provisions of this code.

2. Conditions: In granting approval for a plot plan for a surface parking use pursuant to this article, the director or planning commission shall impose such conditions on the approval which are reasonable and necessary to protect the health, safety and general welfare and to ensure the surface parking use is compatible with the intent and purpose of this article. Such conditions may pertain to one or more of the following:

• a. Setbacks and buffers;

• b. Landscaping and maintenance;

• c. Vehicular and pedestrian traffic circulation and safety;

d. Such other conditions as will promote orderly and efficient development in conformity with the intent and purpose of this article. (Ord. 01-O-2377, eff. 8-10-2001)

The procedure for applying the T-O zone to any properties located within the T zone shall be the same as described in article 39 of this chapter for zoning amendments. (Ord. 01-O-2377, eff. 8-10-2001)