Sec. 5.2.2. Metro-Park Overlay District (-MPOD)

Sec. 5.2.2. Metro-Park Overlay District (-MPOD)

1. Applicability
   No building, structure, use, impervious surface, tree conservation area or light shall be constructed, established, moved, altered, changed or increased in size within a -MPOD except in conformity with the regulations contained in this section for the adopted -MPOD.
2. Permitted Uses
   Uses permitted in the underlying district are permitted in a -MPOD.
3. Prohibited Uses and Activities
   Prohibited uses and activities in a -MPOD:
   1. Any establishment, use or trade that emits detectable odor at a Metro-Park boundary more than 15 minutes in any 1 day or more than 2 days out of the calendar month;
   2. Above-ground storage of hazardous waste, as defined in the Code of Federal Regulations 2161.3 and 263.33, or as the same may be amended by law, except up to 55 gallons which shall be stored inside a fully impervious structure. This prohibition does not include underground storage in tanks which meet applicable fire prevention standards and federal and state regulations and otherwise comply with the City Code; and
   3. Use of outdoor speakers within 500 feet of a Metro-Park boundary.
4. Setbacks
   1. Separation and Protective Yards
      1. The setbacks of the underlying zoning district shall apply with the exception that any portion of a site that is two acres and larger abutting a Metro-Park boundary requires a 32-foot wide primary tree conservation area along the entire length of the property boundary.
      2. No tree or land disturbing activity, animal pen, structure, fence, septic system, stormwater facility or vehicular surface area may be located within 32 feet of a Metro-Park boundary.
   2. Natural Resource Buffer Yards
      All sites two acres and larger with watercourses that both drain into a Metro-Park and have concentrated flow from a drainage area of at least 5 acres must establish a primary tree conservation in accordance with Sec. 9.2.3.
   3. Height
      1. Buildings and structures located within 1,000 feet of a Metro-Park boundary shall be limited to a maximum height of 45 feet, provided that no building is greater than 2½ stories.
      2. Buildings and structures not otherwise restricted to a lower height located further than 1,000 feet from a Metro-Park boundary, which are more than 45 feet high or contain more than 2½ stories can add 25 feet of additional setback from the 1,000-foot distance from the edge of the Metro-Park boundary for each foot of height greater than 45 feet.
5. Supplementary Regulations
   1. Lighting
      1. No exterior lighting may cause illumination in excess of 0.4 foot candles measured at the boundary of the Metro-Park.
      2. Full-cutoff lights must be used for all lighting.
      3. No external illumination of buildings that face the boundary of the Metro-Park is allowed except for the exterior lighting of building entrances, exits or loading docks.
      4. No provision of a -MPOD shall be in conflict with applicable FAA lighting regulations.
   2. Impervious Surface Coverage
      Excluding streets, impervious surface areas may not be added so that the impervious surface lot coverage exceeds 45% in areas that drain into the Metro-Park. Impervious surface coverage greater than 30% but less than 45% of the lot is allowed but only when identified pollutants (such as nitrogen and/or phosphorous) are reduced by a minimum of 25%.
6. Hardships
   1. In those instances where in accordance with Sec. 10.2.10., the Board of Adjustment determines that the application of these regulations would deprive the landowners of reasonable use of their land, the Board of Adjustment may alter the impervious surface coverage limits, increase height restrictions and reduce the widths of the protective yard as determined necessary.
   2. Maintenance of the protective yard should be given the highest priority bythe Board of Adjustment when making its determination to modify one or more of these regulations.
7. Existing Structures, Uses and Impervious Surfaces
   1. All structures, uses and impervious surfaces, watercourses and lighting existing at the time that the -MPOD is first applied to the property shall not be deemed a zoning nonconformity solely because of this overlay district.
   2. All additions, changes, expansions and alterations to existing structures, impervious surfaces, lighting and uses must comply with the regulations of the -MPOD, unless the Board of Adjustment approves a special use permit under Sec. 10.2.9. allowing the addition, change, expansion or alteration.
   3. In addition to the showings required by Sec. 10.2.9.E.4. through 8., all of the following standards shall be met:
      1. The expansion does not, singularly or collectively, exceed 25% of the total gross floor area of the building or use existing at the time the -MPOD overlay zoning district regulations were first applied to the property.
      2. The building or use existed at the time the -MPOD overlay zoning district regulations requirements were first applied to the property.
      3. The requested activity complies with all requirements and regulations of this UDO other than the -MPOD overlay zoning district regulations.
      4. Except where pre-existing structures, septic systems, wells, stormwater facilities, and vehicular surface drives and vehicular spaces that do not exceed the maximum allowed in table 7.1.2.C prevent the planting of trees, tree conservation areas are established in accordance with Sections 5.2.2.C.1.a. and 5.2.2.C.2.
   4. Nothing shall be deemed to permit the reconstruction—similar or different, whole or in part—of a building, improvement or use existing at the time the NCOD overlay zoning regulations were first applied to the property that has been voluntarily demolished or discontinued. Voluntarily torn down buildings and improvements or discontinued uses shall be replaced with buildings, improvements and uses that comply with the regulations of the -MPOD.