[R.O. 2012 §408.010; Ord. No. 12-03-04, 3-5-2012]
[R.O. 2012 §408.020; Ord. No. 12-03-04, 3-5-2012]
A.
The
/U District may be established when either of the following conditions
exists:
B.
The /U zoning classification may be established, amended or removed only in accordance with rezoning procedures of Chapter 400. The only difference is that the /U District provisions apply only to the subsurface area and do not affect the zoning classification of the land surface above the /U District.
C.
The
initial designation or amendment must be accompanied by a certified
survey map showing the extent of existing underground mining, the
extent of proposed underground mining, and all points of access to
the surface, whether vehicle entrances, pedestrian entrances, or openings
for utility or ventilation.
[R.O. 2012 §408.030; Ord. No. 12-03-04, 3-5-2012]
A.
The
following uses are permitted by right in the /U Underground Overlay
District:
1.
Any use permitted by right, permitted by right with minimum use standards,
or by special use permit in the zoning district controlling the surface
property at the primary entrance (that having the most traffic) to
the underground space is permitted in the /U District.
2.
When not allowed by the surface zoning classification, extraction may be allowed by special use permit in accordance with Section 400.230.
3.
Other allowed uses may be allowed in the subject /U District by the
City Council at the time the /U District is established, provided
that such use is not otherwise prohibited by other relevant City ordinance.
[R.O. 2012 §408.040; Ord. No. 12-03-04, 3-5-2012]
A.
Underground
space in the /U District is subject to the following standards and
requirements:
1.
Building permits are required to develop a habitable underground
building and to qualify for a certificate of occupancy.
2.
Access to underground uses must be by means only of non-residential
zoning districts. Access to underground uses must be through property
owned by or controlled by operators of the underground space. Such
access must connect immediately to a major thoroughfare without first
proceeding through or by other properties; or such entrances must
be on property properly zoned to contain the uses developed within
the underground space.
3.
In order to qualify for building permits or certificates of occupancy,
the owners or operators of underground space must have on file with
the City a certificate by a registered professional engineer regarding
the structural integrity of the underground space. Such certificate
may provide for exceptions or conditions that apply as a condition
of building permit approval.
4.
All above ground ventilation equipment and utility installations
must be screened from view of streets and adjacent R-zoned lots by
landscaping or structures that are architecturally compatible with
surrounding development.
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The City Council may impose conditions of approval as it deems
appropriate to the particulars of the request. Approval of a special
use is at the sole discretion of the City Council and is not a use
of right. Such approval, when given, shall be solely for the location
proposed, and shall not be transferable voluntarily or involuntarily
or by operation of law; but shall be personal to the permittee to
whom such special use permit is granted. The City Council may revoke
a special use permit for cause shown, after a hearing. Failure to
meet minimum requirements of the law or conditions of the special
use permit shall be grounds for revocation.
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