The districts appearing on the official zoning map referred to in section 15.2.2 of this chapter shall be considered districts for the purposes of this title. (Ord. 2013-20)

   A.   The city, and all land subject to the jurisdiction of this title, is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this section.

   B.   The official zoning map as adopted or as hereafter amended, shall be located in the office of the planning services division. Also, a copy shall be located in the city clerk's office. It is the final authority as to the current zoning status of land and water areas, buildings, and other structures within the jurisdiction of this title. The map shall be identified by the signature of the mayor, attested by the city clerk, and shall bear the seal of the city under the following words:

(Ord. 2013-20)

   A.   Amendments to the official zoning map shall be made by ordinance adopted by the city council after due notice and public hearing pursuant to the procedures of section 15.6.7 of this title. The amendments thereto shall be listed in the order adopted in a separate register maintained in the office of the planning services division, and each amendment shall be identified as follows:

   B.   The foregoing entries shall be signed by the mayor, attested by the city clerk, and bear the seal of the city. Amendments to the official zoning map shall be recorded thereon by the planning services division and so noted on the amending ordinance prior to final recording of said ordinance by the city clerk.

   C.   In the event that the official zoning map becomes damaged, destroyed, lost, or difficult to interpret because of the nature or number of changes or additions, the city council may adopt a new official zoning map which shall supersede any prior zoning map. The new map may correct errors or omissions in prior maps, but no such correction shall have the effect of amending the original zoning map or any subsequent amendments thereof. The new official zoning map shall be identified by the signature of the mayor, attested by the city clerk, and bearing the seal under the following words:

   D.   It shall be unlawful for any person to amend or change the official zoning map except in conformity with the procedures set forth in this title. (Ord. 2013-20)

If there have been changes in the official map in any calendar year, the city council shall cause preparation and publication of the official zoning map reflecting the zoning district boundaries as of December 31 of the preceding year. Copies of the official zoning map shall be printed prior to March 31, of the succeeding year and shall bear the following words:

(Ord. 2013-20)

   A.   Rules: Where uncertainty exists as to the boundaries of districts as shown on the official zoning map, the following rules shall apply:

      1.   Boundaries indicated as approximately following the centerline of streets, highways, or alleys shall be construed to follow such centerlines.

      2.   Boundaries indicated as approximately following platted lot lines shall be construed as following such lot lines.

      3.   Boundaries indicated as approximately following city limits shall be construed as following such city limits.

      4.   Boundaries indicated as following railroad lines shall be construed to be midway between the main tracks.

      5.   Boundaries indicated as following shorelines of bodies of water shall be construed to follow shorelines, and in the event of change in the shoreline shall be construed as moving with the actual shoreline.

      6.   Boundaries indicated as parallel to or extension of features indicated in this subsection A and sections 15.2.3.3 through 15.2.3.5 of this chapter shall be so construed. Distances not specifically indicated on the official zoning map shall be determined by the scale of the map.

      7.   Except as provided in subsection A9 of this section, where physical or cultural features existing on the ground are at variance with those shown on the official zoning map, or in other circumstances not covered by subsections A1 through A6 of this section, the zoning board of appeals shall interpret the district boundaries.

      8.   Except where flood fringe boundary lines are involved, or where floodway district boundary lines are involved, where a district boundary line divides a lot which was in single ownership on the effective date hereof, the zoning board of appeals may permit the extension of the regulations for either portion of the lot not to exceed one hundred feet (100') beyond the district line into the remaining portion of the lot.

      9.   Where a flood fringe district boundary line or where a floodway district boundary line divides a property, the provisions of the respective district(s) (sections 15.2.6 and 15.2.7 of this chapter) shall apply only to that portion or portions of the property in the respective flood fringe or floodway districts.

      10.   Flood fringe and floodway district boundary lines on the official zoning map are necessarily generalized because of the official zoning map scale and limited topographical information available. Exact boundary lines shall be determined as provided in sections 15.2.6 and 15.2.7 of this chapter. When the floodway district boundaries shown on the flood insurance rate map (FIRM) along with the flood insurance study, Carbondale, Illinois, dated May 2, 2008; and adopted by section 15.2.7.1 of this chapter; the FIRM boundaries shall prevail. Whenever a floodway district boundary conflict is discovered, the planning services division shall correct the official zoning maps to correspond with the floodway boundary shown on the FIRM map. (Ord. 2013-20)

Regulations applicable within each district shall be applied uniformly to each class or kind of structure or land. In particular:

   A.   No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved, or structurally altered except in conformity with all of the regulations herein specified for the district in which it is located. All uses not expressly permitted as a permitted use, an accessory use, or a special use in accordance with the guidelines established in section 15.3.1.1 of this title are prohibited.

   B.   No building or other structure shall hereafter be erected or altered:

      1.   To exceed the height or bulk;

      2.   To accommodate or house a greater number of families;

      3.   To have narrower or smaller rear yards, front yards, side yards, or other open spaces than herein permitted; or in any other manner contrary to the provisions of this title.

   C.   No part of a yard, other open space, off street parking, or loading space required in connection with any building for the purpose of complying with this title shall voluntarily be included as part of a yard, open space, off street parking, or loading space similarly required for any other building or any other lot.

   D.   No yard or lot existing on the effective date hereof shall be voluntarily reduced in dimension or area below the minimum requirements set forth herein. Yards or lots created after the effective date hereof shall meet at least the minimum requirements established by this title.

   E.   All territory which may hereafter be annexed to the city shall retain its prior zoning classification until otherwise classified. (Ord. 2013-31)

In addition to those zoning districts established in the schedule of district regulations, the airport height control district, as regulated by the Southern Illinois Airport Authority and as delineated on the official zoning map, is hereby adopted by reference. (Ord. 2013-31)

The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, silos, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy. (Ord. 2013-31)

Every building hereafter erected or moved shall be on a lot adjacent to a public street, or with access to an all weather private street, which in turn intersects with a public street, and all structures shall be so located on lots as to provide safe and convenient access for servicing, fire protection, and required off street parking. An all weather private street shall be constructed to the same standards as a public street. (Ord. 2013-31)

No structures shall be permitted within fifty feet (50') of designated streams under the jurisdiction of this title. The fifty foot (50') setback shall be measured from the top of the stream bank as determined by the administrative official.

   A.   Designated Streams: The following, for the purposes of this title, shall be considered as designated streams:

      1.   Big Muddy River.

      2.   Crab Orchard Creek.

      3.   Drury Creek.

      4.   Glade Branch Creek.

      5.   Indian Creek.

      6.   Little Crab Orchard Creek.

      7.   Mud Creek.

      8.   Piles Fork Creek.

      9.   Plum Creek.

      10.   Sycamore Creek. (Ord. 2013-31)

   A.   Projections from a building or structure which are not designed for occupancy either above, below or within the projection may extend up to two feet six inches (2'6") into minimum yards with the following exceptions:

      1.   Said projections may extend up to four feet (4') into minimum front and rear yards on the south side of a building or structure.

      2.   In zoning districts where side yards are required, said projections may extend up to four feet (4') into minimum side yards on the south side of a building or structure only when a minimum of five feet six inches (5'6") remains between the farthest extremity of side projection(s) and the property line.

   B.   No structural supports of said projections may originate in any required minimum yards. Provided, however, that no part of an active solar collector device shall project into any minimum yard. (Ord. 2013-31)

   A.   The city council may adopt one or more interim zoning ordinances prohibiting any changes in uses and/or structures which may be in conflict with the uses and/or structures currently permitted in or with the requirements established for the applicable zoning districts and regulations of this title or which may be in conflict with a contemplated zoning proposal which the city council, planning services division, or planning commission is considering or studying or intends to study within a reasonable time.

   B.   The city council may enact an interim zoning ordinance without following the procedure otherwise required in this title preliminary to the adoption of a zoning ordinance or zoning ordinance amendment provided the procedures required by this section are followed. Any interim zoning ordinance shall be enacted only after a public hearing conducted by the city council. The decision to conduct a public hearing shall be made by majority vote of those council members present. At least a two-thirds (2/3) vote of those council members present, and in any event no less than four (4) votes, shall be required for adoption of any interim zoning ordinance.

   C.   In adopting an interim zoning ordinance, the city council shall act to protect the public health, safety and welfare. The purpose of any interim zoning ordinances shall be to temporarily preserve the status quo in any area within the city's zoning jurisdiction which is or may soon be undergoing substantial change in character or use or is under consideration for a substantial zoning change while the appropriate studies are being conducted and zoning amendments are being considered pursuant to the provisions of this title. (Ord. 2013-20)

Any interim zoning ordinance adopted shall be of no further force and effect after the specific date established in such interim zoning ordinance, said date being not more than twelve (12) months from the date of adoption of that interim zoning ordinance; provided, however, that after a public hearing conducted by the city council, the city council may by ordinance adopted by a two-thirds (2/3) vote of those council members present, but at least four (4) votes are required, extend the interim zoning ordinance for six (6) months. Such extension shall be enacted prior to the expiration of the interim zoning ordinance. No more than one extension may be adopted. No interim zoning ordinance shall be enacted for a piece of land within six (6) months of the expiration or repeal of a previous interim zoning ordinance applicable to the same piece of land. (Ord. 2013-20)

   A.   Notice of hearings held pursuant to this section shall be published at least once, not more than thirty (30) nor less than fifteen (15) days before the hearing in one or more newspapers of general circulation. The notice shall describe the nature of the interim zoning proposal and the area proposed to be included in the ordinance and shall indicate the time and place of the hearing.

   B.   Furthermore, prior to the city council conducting a public hearing to consider an interim zoning proposal, the city shall, no more than thirty (30) days or less than ten (10) days before the hearing, provide written notice to the apparent recipients of tax bills for all property subject to the interim zoning proposal. The determination of property tax bill recipient will be made from property tax information secured by the city from the county at least annually. Personal delivery or placement of the notice in the United States mail with sufficient first class postage affixed and addressed to the appropriate entity determined by the above procedure shall satisfy this written notice requirement. Written notice to the property tax bill recipients need not be given before a hearing to extend an interim zoning ordinance. (Ord. 2013-20)

At the conclusion of the public hearing to consider an interim zoning ordinance, the city council shall by motion state specific findings of fact. The findings of fact shall form the basis for adopting or rejecting the proposed interim zoning ordinance. (Ord. 2013-20)

Whenever an interim zoning ordinance is adopted which contains provisions which are different from or in conflict with those existing in this title, the provisions of the interim zoning ordinance shall prevail until such time as the interim zoning ordinance is repealed or expires pursuant to the provisions in section 15.2.4.2 of this chapter, whichever occurs first. However, if an existing use is damaged or destroyed while the interim zoning ordinance affecting the piece of land is in effect, then as long as the interim zoning ordinance remains in effect, the damaged or destroyed use may be replaced to the extent that it existed prior to being damaged or destroyed, but only insofar as such replacement complies with the provisions of this title as they pertained to that piece of land immediately prior to adoption of the interim zoning ordinance. (Ord. 2013-20)

This district is established to recognize that movements and shifts in population and changes in residential, commercial and industrial land use and customs threaten with deterioration and disappearance the property and improvements of the city which are sources of its tradition and stability. In the interest of the public's health, safety and general welfare and to advance sound urban planning, it is necessary that those properties and improvements having special historical, architectural, community or aesthetic significance be preserved, enhanced and continued in or restored to use. The preservation district is an overlay district and shall impose appropriate regulations on designated property, in addition to the requirements contained in the basic underlying zoning district. The purposes of the preservation district are the following:

   A.   To survey, identify, designate, preserve, enhance, and perpetuate those properties and improvements which reflect the historical, cultural, political, economic, artistic, social, ethnic or other heritage of nation, state or community; or which have a special community or aesthetic interest or value to the city or which may be representative of an architectural or engineering type inherently valuable for the study of a period, style, craftsmanship, method of construction, or use of indigenous materials;

   B.   To preserve and protect the character and vitality of traditional neighborhoods from the adverse effects of inappropriate development that could detract or have a blighting effect on the quality of life in these areas;

   C.   To preserve the existing housing stock to conserve and improve the city's tax base and to promote economic development through restoration, rehabilitation and maintenance;

   D.   To foster civic pride in the beauty and noble accomplishments of the past and to promote education of the general public concerning preservation;

   E.   To protect and enhance the attractiveness of the city to homeowners, homebuyers, tourists, visitors, businesses and shoppers, and thereby support and stimulate business, commerce and industry and provide an economic benefit to the city;

   F.   To foster and encourage preservation, restoration, and rehabilitation of structures, areas and neighborhoods, and thereby prevent future urban blight and in some cases reverse current urban deterioration;

   G.   To encourage the continued private ownership and use of designated properties and improvements to the maximum extent consistent with the above objectives. (Ord. 2013-20)

   A.   Nominations And Regulation Of Demolition During Nomination Review:

      1.   Nominations:

         a.   Nominations for landmarks, historic districts, and neighborhood preservation districts shall be made to the preservation commission on a form prepared by it and may be submitted by any person. The city council and/or preservation commission can direct the executive secretary by motion to file an application in its behalf. At a minimum all applications shall contain the following:

            (1)   A petition in support of the nomination signed by the owners of record of twenty five percent (25%) of the parcels of land located within the boundaries of the proposed designation.

            (2)   A map delineating the proposed boundaries and a legal description of all property within the boundaries.

            (3)   A written statement setting forth the reason(s) the property, structure or area is eligible for nomination. The statement shall indicate and substantiate which of the criteria in subsection B of this section are met by the nomination.

      2.   Regulation Of Demolitions During Nomination Review: Upon receipt by the executive secretary of a properly completed nomination, no building or structure nominated and under consideration to be a landmark or part of a historic district pursuant to subsections A through D of this section shall be demolished without compliance with the following provisions:

         a.   Written notice of the proposed demolition shall be given to the preservation commission through the executive secretary, and the applicant for the demolition permit shall be notified in writing of the need and procedure for preservation commission review.

         b.   The preservation commission shall consider the proposed demolition. If the commission has no objection to the demolition the commission chairperson shall promptly notify the building and neighborhood services division. In the event the commission objects or takes no action within sixty (60) days from the date the demolition application was accepted by the building and neighborhood services division, then the building and neighborhood services division shall proceed to issue a demolition permit at the end of the sixty (60) day period if all other applicable city code requirements are met.

         c.   Provided, however, that when circumstances exists that pose an imminent threat to the health, safety or welfare of the public, the city council may authorize by motion the demolition of property without following the steps in subsections A2a and A2b of this section. Prior to the city council taking action, it shall be provided with a written report from an Illinois licensed structural engineer or architect or the city's building inspector. The report shall describe the condition of the structure and identify factors which may constitute an imminent threat to the health, safety or welfare of the public. When possible, notice of such potential council action shall be sent to the preservation commission members.

   B.   Preliminary Review:

      1.   Upon receipt of a properly completed nomination, the nomination and hardship review committee shall make a preliminary determination within forty five (45) days as to whether the nominated property, structure or area meets one or more of the following criteria for designation:

         a.   Its character, interest or value as part of the development, heritage or cultural characteristics of the community, county, state or country;

         b.   Its location as a site of a significant local, county, state or national event;

         c.   Its identification with a person or persons who significantly contributed to the development of the community, county, state or country;

         d.   Its embodiment of distinguishing characteristics of an architectural and/or landscape style valuable for the study of a period, type, method of construction or use of indigenous materials;

         e.   Its identification as the work of a master builder, designer, architect or landscape architect whose individual work has influenced the development of the community, county, state or country;

         f.   Its overall embodiment of elements of design, detailing, materials or craftsmanship which renders it architecturally significant;

         g.   Its overall embodiment of design elements that make it structurally or architecturally innovative;

         h.   Its unique location or singular physical characteristic that makes it an established or familiar visual feature;

         i.   Its character as a particularly fine or unique example of a utilitarian structure or group of such structures, including, but not limited to, farmhouses, gas stations or other commercial structures, with a high level of integrity or architectural significance; and/or

         j.   Its recognition as a Carbondale neighborhood, commercial area, or public activity center characterized by solid housing or commercial buildings (which are not necessarily significant or homogeneous in architectural design), and whose properties and structures are threatened by deterioration, demolition, or disharmonious alteration.

      2.   Any structure, property, or area that meets one or more of the above criteria shall also have sufficient integrity of location, design, materials, and workmanship to make it worthy of preservation or restoration. If a nomination is found to meet the above criteria, it shall proceed to the preliminary conference phase with the nomination and hardship review committee. If a nomination does not meet the above criteria, the committee shall deny the application and notify the applicant within seven (7) days of the preliminary determination of the reason(s) for the denial.

   C.   Preliminary Conference: Within seven (7) days following a preliminary determination that a nomination meets one or more of the criteria in subsection B of this section, the nomination and hardship review committee shall notify the applicant and establish a meeting time between the applicant, and representatives of the property owners within the proposed boundaries, and draft proposed design standards for the designation. The first meeting shall be held within thirty (30) days of the preliminary determination and additional meetings may be required. The design standards shall be based on the design guidelines contained in subsection 15.2.5.3A of this chapter and will provide a guide for evaluating applications for certificates of appropriateness within the designated district. The design standards may be more specific for the proposed designation depending on the character of the properties, structures or areas within the boundaries of the proposed designation.

   D.   Regulation During Consideration Period:

      1.   From the date that a petition in support of the nomination and the specific design standards signed by the owners of record of more than twenty five percent (25%) of the parcels of land in a proposed designation area is filed with the executive secretary until the city council acts on the nomination, the provisions of section 15.2.5.4, "Regulation Of Alteration, Construction And Demolition", of this chapter, shall apply as if the property were designated as requested. Provided, however, that the interim regulations shall in no case apply to property within public right of way, or if the applicant withdraws the nomination, or for a period of more than one hundred seventy five (175) days after the petition bearing the required signatures of the owners of record of more than twenty five percent (25%) of the parcels in the designation area is filed.

      2.   The city council may authorize by formal resolution the alteration, construction, or demolition of property within a proposed designation area when circumstances exist that pose an imminent threat to the health, safety or welfare of the public. Prior to the city council taking action, it shall be provided with a written report from an Illinois licensed structural engineer or architect or the city's building inspector. The report shall describe the condition of the structure and identify factors which may constitute an imminent threat to the health, safety or welfare of the public. When possible, notice of such potential council action shall be sent to the preservation commission members. Whenever possible, measures shall be taken to preserve the architecturally or historically significant features associated with the property.

   E.   Public Hearing:

      1.   Within thirty (30) days of the executive secretary validating the petition in support of the nomination and proposed design standards a public hearing shall be scheduled before the preservation commission. Notice shall be given of the time, date, place and purpose of the public hearing, not more than thirty (30) days nor less than fifteen (15) days prior to the date of the hearing by publishing a notice thereof at least once in one or more newspapers in general circulation in the city of Carbondale. The notice shall state the location and legal description of the proposed designation, and a statement summarizing how the proposed designation meets the criteria set forth in subsection B of this section.

      2.   The executive secretary shall cause a notice to be posted on the subject property according to the procedures specified in section 15.6.7.1 of this title; provided, however, that the notice shall also specify the type of designation being proposed and information as to how to obtain a copy of the proposed design standards for the nomination.

      3.   The executive secretary shall serve written notice on the applicant and the owners, as appear from authentic tax records of such county, of all property within the boundaries of the proposed designation and within two hundred fifty feet (250') of the proposed designation. The procedures specified in subsection 15.6.7.1C of this title, for notifying adjoining property owners shall be followed; provided, however, that the notice shall also specify the type of designation being proposed including a copy of the proposed design standards for the nomination and a statement summarizing how the proposed designation meets the criteria set forth in subsection B of this section.

      4.   The executive secretary shall serve written notice by regular mail or by personal delivery on the members of the planning commission at least ten (10) days prior to the preservation commission hearing. Said notice shall contain the same information required above to be provided to property owners.

      5.   At the hearing the preservation commission shall take testimony from the applicants, the owner(s) and any other interested parties. In addition, the preservation commission shall consider all written comments received by the preservation commission prior to the hearing. The preservation commission may present expert testimony or present its own evidence on the proposed designation. The hearing shall be closed upon completion of all testimony. A record of the proceedings shall be made and retained as a public record. The preservation commission shall review and evaluate all of the available information according to the criteria for designation contained in subsection B of this section. The preservation commission shall make findings of fact on the criteria for designation, the boundaries of the proposed designation and the design standards for the proposed designation.

      6.   If a petition in opposition to the designation is received prior to the closing of the hearing, signed by the owners of the majority of the parcels in the designation, a sixty five (65) day continuance may be passed by the commission to review the petition and discuss objections. The commission shall take action on the nomination during the continuance period and make a recommendation to the city council.

      7.   Within thirty (30) days after the public hearing the preservation commission shall make a recommendation on the nomination, unless a petition in opposition is received as stated above. The recommendation shall be submitted to the city council after opportunity is provided for planning commission review as specified below. The recommendation shall include:

         a.   A statement as to the nomination's compliance with the criteria for designation.

         b.   The property to be included in the boundaries of the proposed designation. The commission may not expand the boundaries beyond the property described in the application; however, the commission may recommend that property be deleted from the boundaries.

         c.   The design standards for the proposed designation. The commission may modify the design standards from those proposed at the preliminary conference.

   F.   Planning Commission Review: If the design standards proposed for the designation would impact general zoning regulations applicable to the district, then the designation shall be reviewed by the planning commission. The development services director, or designee, shall make this ruling. A copy of the minutes of the preservation commission's public hearing and its recommendation and nomination shall be forwarded to the planning commission for its review and comment. Within thirty (30) days of the preservation commission's recommendation action, the planning commission shall commence its review of the proposed nomination at a regular planning commission meeting. Within forty five (45) days, the planning commission shall make a recommendation or comment on the nomination to the city council.

   G.   City Council Action:

      1.   Within thirty (30) days after receiving at a city council meeting the recommendation of the preservation commission and the recommendation or comment of the planning commission, if applicable, the city council shall take formal action on the nomination. The city council shall either deny the nomination by resolution or approve the nomination, including the design standards by ordinance. The council may modify the boundaries and design standards for a nomination; however, the boundaries may not include property not included in the application.

      2.   The executive secretary shall notify by regular mail the applicants and the owner(s) of record of the property in the original application of the city council's action. If a nomination is approved it shall be noted on the official zoning maps on file in the city clerk's office.

   H.   Amending Or Rescinding Designations:

      1.   Amending A Designated District's Design Standards:

         a.   The procedures contained in this subsection shall be followed except that:

            (1)   The written statement referred to in subsection A1a(3) of this section shall set forth the reasons for the proposed amendments to the design standards rather than the reasons for eligibility.

            (2)   The preliminary review referred to in subsection B of this section shall be omitted and the application shall be reviewed in a preliminary conference within forty five (45) days of the receipt of a properly completed nomination as set forth in subsection C of this section; provided however, that the conference shall draft revised design standards for the designated district.

            (3)   The preservation commission's recommendation referred to in subsection E of this section shall be limited to the proposed amendments to the design standards.

            (4)   Subsection D, "Regulation During Consideration Period", of this section, shall not apply and the existing design standards for the designated district shall remain in effect.

      2.   Amending A Designated District's Boundaries By The Addition Of Property, Structures Or Area: The procedures contained in this subsection shall be followed except that:

         a.   The written statement referred to in subsection A1a(3) of this section shall also substantiate that the criteria for designation for the proposed addition is similar to and compatible with the criteria for designation that were found to be present for the designated district.

         b.   The preliminary review outlined in subsection B of this section shall also include a determination by the committee that the criteria for designation is similar to and compatible with the criteria for designation found to be present for the designated district to which the nomination is applying to be added.

         c.   The preliminary conference outlined in subsection C of this section shall be omitted and the design standards for the proposed addition shall be identical to the design standards for the designated district to which the nomination is applying to be added throughout the designation procedures. (Ord. 2013-20)

         d.   The preservation commission's recommendation referred to in subsection E7a of this section shall include a statement as to the nomination's similarity to and compatibility with the criteria for designation found to be present for the designated district to which it is applying to be added. However, subsection E7c of this section shall be omitted because the design standards for the proposed addition shall be identical to the design standards for the designated district to which the nomination is applying to be added.

      3.   Amending A Designated District's Boundaries By The Deletion Of Property, Structures Or Areas, Or By Rescinding A Designated District: The procedures contained in this subsection shall be followed except that:

         a.   The written statement referred to in subsection A1a(3) of this section shall set forth the reasons the property, structure or area should be deleted from a designated district or the designated district should be rescinded.

         b.   The preliminary review outlined in subsection B of this section shall either find that the application does not meet any of the criteria for designation, in which case the committee shall send the application to the commission for final review; or the committee shall find that the nomination does meet the criteria for designation and should therefore be denied.

         c.   The preservation commission's recommendation referred to in subsection E7a of this section shall include a statement as to the nomination's lack of compliance with the criteria for designation, rather than its compliance. Subsection E7b of this section shall refer to the boundaries to be deleted rather than the boundaries to be included in the designation. Subsection E7c of this section shall be omitted.

         d.   Subsection D, "Regulation During Consideration Period", of this section, shall not apply. The existing design standards shall remain in effect. (Ord. 2013-31)

   A.   Guidelines: The design standards for the regulation of alteration, construction and demolition in a designated district shall be based upon the standards and recommendations contained in the secretary of the interior's standards for rehabilitation and guidelines for rehabilitating historic buildings, and the architectural preservation guidelines, Carbondale, Illinois, existing on the date this section is adopted and as hereafter amended.

   B.   Specific Standards For Each District:

      1.   The specific design standards for a district shall be based upon any or all of the guidelines contained in subsection A of this section, and any other guidelines deemed appropriate by the city council.

      2.   Specific design standards shall be established in accordance with the procedures set forth in section 15.2.5.2 of this chapter. The design standards for each district shall be included as an exhibit to the ordinance approving the district. The design standards for each designated district shall be kept on file by the city clerk and by the executive secretary of the preservation commission. (Ord. 2013-31)

   A.   Certificate Of Appropriateness:

      1.   Any alteration, construction or demolition work on property within a designated district that is subject to the design standards for the district in which it is located, shall be issued a certificate of appropriateness by the preservation commission prior to the work commencing. No zoning certificate or building permit shall be issued for property within a designated district until the certificate of appropriateness has been issued to the applicant, who shall be the property owner or owner's agent, or until the executive secretary determines that the proposed work is not subject to the applicable design standards. A certificate of appropriateness shall be valid for a period of one year from the date of issuance. The executive secretary shall regularly submit to the commission a list of all zoning certificates and building permits that have been issued for property within each designated district for which an application for a certificate of appropriateness was not required. The executive secretary shall be responsible for notifying property owners within designated districts of the need to submit an application for a certificate of appropriateness for work subject to applicable design standards, but for which a zoning certificate and/or building permit is not required.

      2.   When a demolition permit application is filed with the building and neighborhood services division, the inspector supervisor or his designee shall consult with city records and the executive secretary to determine if the building to be demolished has been: a) designated by the city council as being a landmark district, in a historic district, or in a neighborhood preservation district pursuant to section 15.2.5.2 of this chapter, b) nominated for designation as such a district and subject to provisions of subsection 15.2.5.2B of this chapter, or c) listed by the city council on an inventory of potential places to be considered for designation as a landmark district or part of a historic district. Should the building be found to fit one of these instances, the executive secretary shall notify the certificate of appropriateness committee of the need to review the application and a sixty (60) day stay of demolition shall go into effect.

      3.   When circumstances exist that pose an imminent threat to the health, safety or welfare of the public, the city council may authorize by formal resolution the alteration, construction or demolition of property within a designated district without a certificate of appropriateness. Prior to the city council taking action, it shall be provided with a written report from an Illinois licensed structural engineer or architect or the city's building inspector. The report shall describe the condition of the structure and identify factors which may constitute an imminent threat to the health, safety or welfare of the public. When possible, notice of such potential council action shall be sent to the preservation commission members. Whenever possible, measures shall be taken to preserve the architecturally and historically significant features associated with the property.

   B.   Application For Certificate Of Appropriateness: A certificate of appropriateness is required for any modification of a designated structure or for any construction in a designated historic district. See section 15.6.11 of this title. (Ord. 2013-20)

The purpose of this district is to avoid hazards to persons and damage to property resulting from flooding and to comply with the rules and regulations of the national flood insurance program found at 44 CFR parts 59-78 (hereinafter referred to as NFIP rules and regulations) and which are hereby adopted by reference and filed in the office of the city clerk. The flood fringe district is an overlay district, identified on the official zoning map as flood fringe, the requirements of which district are in addition to requirements contained in the basic underlying district. (Ord. 2013-20)

All uses and structures permitted in the underlying zoning district or granted as special uses in the underlying zoning district are likewise allowed except that all structures, fill, and uses shall be subject to floodplain development permit requirements for FF flood fringe district, outlined in sections 15.2.6.3, 15.2.6.4 and 15.2.6.5 of this chapter. (Ord. 2013-20)

Prior to the start of construction for any new construction, substantial improvement or development, including structures, fill, obstructions, storage or other use a floodplain development permit (FDP) shall be secured from the city. This permit is issued in addition to all other permits required by the city. This permit shall not be issued if the provisions of this section are not satisfied or if a permit required by Illinois or federal law has been denied. (Ord. 2013-20)

See section 15.6.6 of this title. (Ord. 2013-20)

For issuance of an FDP in the flood fringe, all new construction and substantial improvement, development or other use shall conform to the following standards:

   A.   Fill: Any proposed fill to be deposited in the flood fringe shall be in conjunction with permitted and special uses and shall be protected against erosion.

   B.   Structures: In order to minimize flood damage the following standards shall apply:

      1.   Wherever possible, structures shall be constructed with the long axis parallel to the direction of flood flow;

      2.   As practicable, structures shall be placed approximately on the same flood flow lines as those of adjoining structures;

      3.   Structures shall be firmly anchored to prevent flotation;

      4.   Residential structures shall be constructed on fill, piers, posts, or pilings so that the lowest floor surfaces including basements or cellars together with mechanical and utility equipment shall be at or above one foot (1') above the base flood elevation and be constructed of materials resistant to flood damage;

      5.   Nonresidential structures shall be constructed on fill, piers, posts, or pilings so that the lowest floor surfaces including basements or cellars together with mechanical and utility equipment are elevated or floodproofed to at least one foot (1') above the base flood elevation and be constructed of materials resistant to flood damage.

   C.   Subdivisions: See chapter 8 of this title.

   D.   Manufactured Homes:

      1.   All manufactured homes to be placed or substantially improved on an individually owned lot or in a manufactured home park or subdivision shall be elevated on a permanent foundation such that the lowest floor of the manufactured home including basement or cellar shall be at least one foot (1') above the base flood elevation and be securely anchored to an adequately anchored foundation system in accordance with the provisions of section 4-1-10 of this code and the Illinois mobile home tie down act issued pursuant to 77 Illinois administrative code section 870. If a manufactured home is elevated on pilings, the piling foundations shall be placed in stable soil no more than ten feet (10') apart and reinforcement shall be provided for pilings more than six feet (6') above ground level.

      2.   In the event it is not possible for the city to determine the base flood elevation in an area designated as zone A on the flood insurance rate map, Carbondale, Illinois, dated May 2, 2008, the manufactured home shall be installed using methods and practices which minimize flood damage. For the purposes of this requirement, manufactured homes must be elevated on a permanent foundation and anchored to resist flotation, collapse, or lateral movement. Methods of anchoring may include, but are not limited to, use of over the top or frame ties to ground anchors. This requirement is in addition to applicable state and local anchoring requirements for resisting wind forces.

   E.   Mechanical And Utility Equipment: All new construction and substantial improvement to mechanical and utility equipment including electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters and other service facilities including water supply and wastewater disposal systems shall be elevated or floodproofed to at least one foot (1') above the base flood elevation and constructed of materials resistant to flood damage. All new and replacement on site waste disposal systems shall be located to prevent impairment to them or contamination from them during flooding.

   F.   Storage Of Materials Or Equipment: Material or equipment may be stored in the flood fringe if firmly anchored to prevent flotation, if readily removable from the area within the time available after flood warning, or if stored one foot (1') or more above the base flood elevation.

   G.   Fully Enclosed Areas Below Lowest Floor: Fully enclosed areas, usable solely for the parking of vehicles, building access or storage in an area other than a basement, that are below the lowest floor that are subject to flooding shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this requirement must either be certified by an Illinois registered professional engineer or an Illinois registered architect or must meet or exceed the following minimum criteria:

      1.   A minimum of two (2) openings having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding shall be provided.

      2.   The bottom of all openings shall be no higher than one foot (1') above grade.

      3.   Openings may be equipped with screens, louvers, or other coverings or devices provided that they permit the automatic entry and exit of floodwaters.

   H.   Public Utilities: Public utilities and facilities such as sewer, gas, electric, and water systems shall be located and constructed to minimize or eliminate flood damage. New or replacement public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

   I.   Travel Trailers: All travel trailers (recreational vehicles) placed on property within the flood fringe shall be elevated with the lowest floor at or above the base flood elevation and be subject to elevation and anchoring requirements of "manufactured homes"; or be on site for less than one hundred eighty (180) consecutive days and be fully licensed and road ready. To be considered fully road ready, the trailer must be on wheels or a jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions.

   J.   Variance Procedure: Upon application and after fifteen (15) days' notice of a public hearing, the city council may grant a floodplain variance subject to compliance with the provisions of section 60.6 of the NFIP rules and regulations as amended and such other conditions as the city council deems necessary to comply with the intent of this district. The issuance of variances shall be for floodplain management purposes only.

   K.   Watercourse Standards: The development services director shall notify adjacent communities and the Illinois department of natural resources, office of water resources and the federal insurance administration prior to dry alteration or relocation of a watercourse. The flood carrying capacity within the altered or relocated portion of any watercourse shall be maintained.

   L.   Reports And Records:

      1.   The development services director shall provide the city council, the Illinois department of natural resources, office of water resources, and the federal insurance administration with an annual report on forms as provided to the city by the federal insurance administration.

      2.   The planning services division shall maintain the records of lowest floor elevations, floodproofing certifications, and all variance documents required by the federal insurance administration.

   M.   Disclaimer Of Liability: The degree of protection required by this section is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by manmade or natural causes. This section does not imply that development either inside or outside the floodplain will be free from flooding or damage. This section does not create liability on the part of the city or any officer or employee thereof for any flood damage that results from proper reliance on this section or any administrative decision made lawfully thereunder.

   N.   Identification Required: It is a requirement of the NFIP that regulatory floodway is identified. Within any floodway identified on the flood insurance rate map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply:

      1.   No development shall be allowed which, acting in combination with existing and anticipated development will cause any increase in flood heights or velocities or threat to public health and safety. These developments are outlined by the IDNR/OWR statewide permit 2-13.

      2.   The floodway for the floodplains of Crab Orchard Creek, Glade Creek, Little Crab Orchard Creek, Piles Fork Creek, and Carbondale Reservoir shall be as delineated on the countywide flood insurance rate map as prepared by FEMA. The floodways for each of the remaining floodplains of Carbondale shall be according to the best data available from federal, state, or other sources. (Ord. 2013-20)

This district is intended to protect against hazards to persons and damage to property resulting from flooding, and to comply with the rules and regulations of the national flood insurance program found at 44 CFR parts 59-78 which are hereby adopted by reference, and filed in the office of the city clerk. The floodway district is an overlay district intended to preserve that area of the floodplain identified on the official zoning map as floodway, to convey and store the base (100-year) flood and to protect such area from encroachment. (Ord. 2013-20)

All uses and structures permitted in the underlying zoning district or granted as special uses in the underlying zoning district are likewise allowed except that all structures, fill, and uses shall be subject to floodplain development permit requirements for FW floodway district outlined in sections 15.6.6.3 and 15.6.6.4 of this title and section 15.2.7.5 of this chapter. (Ord. 2013-20)

Prior to the start of construction for any new construction, substantial improvement or development, including structures, fill, obstructions, storage or other use a floodplain development permit (FDP) shall be secured from the city. This permit is issued in addition to all other permits required by the city. This permit shall not be issued if the provisions of this section are not satisfied or if a permit required by Illinois or federal law has been denied. (Ord. 2013-20)

See section 15.6.6 of this title. (Ord. 2013-20)

For issuance of an FDP in the floodway all new construction, substantial improvement, development or other use shall conform to the following standards:

   A.   Fill: No fill may be placed in the floodway.

   B.   Structures:

      1.   No structures shall be constructed within the floodway, with the following exceptions:

         a.   Open air pavilions for recreational purposes.

         b.   Recreational playground equipment.

      2.   Structures shall be firmly anchored to prevent flotation.

      3.   No pavement and/or impervious surface on private property are allowed within the floodway with the exception of recreational trails.

   C.   Subdivisions: See chapter 8 of this title.

   D.   Mechanical And Utility Equipment: All substantial improvement to mechanical and utility equipment including electrical, heating, ventilation, plumbing, air conditioning equipment, utility meters and other service facilities including water supply and wastewater disposal systems shall be elevated or floodproofed to at least one foot (1') above the base flood elevation and constructed of materials resistant to flood damage. All new and replacement on site waste disposal systems shall be located to prevent impairment to them or contamination from them during flooding.

   E.   Public Utilities: Public utilities and facilities such as sewer, gas, electric, and water systems shall be located and constructed to minimize or eliminate flood damage. Replacement public sanitary sewer systems and water supply systems shall be located and constructed to minimize or eliminate infiltration of floodwaters into the systems and discharges from the systems into floodwaters.

   F.   Travel Trailers: All travel trailers (recreational vehicles) placed on property within the floodway shall be elevated with the lowest floor at or above the base flood elevation and be subject to elevation and anchoring requirements of "manufactured homes"; or be on site for less than one hundred eighty (180) consecutive days and be fully licensed and road ready. To be considered fully road ready, the trailer must be on wheels or a jacking system, be attached to the site only by quick disconnect type utilities and security devices, and have no permanently attached additions.

   G.   Variance Procedure: Upon application and after fifteen (15) days' notice of a public hearing, the city council may grant a floodplain variance subject to compliance with the provisions of section 60.6 of the NFIP rules and regulations, as amended, and such other conditions as the city council deems necessary to comply with the intent of this district. The issuance of variances shall be for floodplain management purposes only.

   H.   Watercourse Standards: The development services director shall notify adjacent communities and the Illinois department of natural resources, office of water resources and the federal insurance administration prior to any alteration or relocation of a watercourse. The flood carrying capacity within the altered or relocated portion of any watercourse shall be maintained.

   I.   Reports And Records:

      1.   The development services director shall provide the city council, the Illinois department of natural resources, office of water resources, and the federal insurance administration with an annual report on forms as provided by the federal insurance administration.

      2.   The planning services division shall maintain the records of lowest floor elevations, floodproofing certifications, permit applications, and all variance documents required by the federal insurance administration.

   J.   Disclaimer Of Liability: The degree of protection required by this section is considered reasonable for regulatory purposes and is based on available information derived from engineering and scientific methods of study. Larger floods may occur or flood heights may be increased by manmade or natural causes. This section does not imply that development either inside or outside the floodplain will be free from flooding or damage. This section does not create liability on the part of the city or any officer or employee thereof for any flood damage that results from proper reliance on this section or any administrative decision made lawfully thereunder.

   K.   Identification Required: It is a requirement of the NFIP that regulatory floodway is identified. Within any floodway identified on the flood insurance rate map, and within all other floodplains where a floodway has not been delineated, the following standards shall apply:

      1.   No development shall be allowed which, acting in combination with existing and anticipated development will cause any increase in flood heights or velocities or threat to public health and safety. These developments are outlined by the IDNR/OWR statewide permit 2-13.

      2.   The floodway for the floodplains of Crab Orchard Creek, Glade Creek, Little Crab Orchard Creek, Piles Fork Creek, and Carbondale Reservoir shall be as delineated on the countywide flood insurance rate map as prepared by FEMA. The floodways for each of the remaining floodplains of Carbondale shall be according to the best data available from federal, state, or other sources. (Ord. 2013-20)

This district is established primarily as a conservation measure to preserve for existing and future generations a part of the ecological balance between man and his natural environment. Through the maintenance of large areas of land devoted to woodlands, much benefit can be derived by many people in the form of diminished air and water pollution and soil erosion; cover for wildlife and flora; and the preservation of related natural resources located therein. These designated areas may be located along the rivers and streams, the hills, or level areas within the jurisdiction of this title. Once established, no forestry district shall be diminished in size for any purpose except public health, safety or recreation in which case the city council shall take extreme care in permitting a special use. Such land designated as a forestry district will be publicly owned or owned by a nonprofit land conservancy. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the F column on the use table in section 15.2.28 of this chapter shall be allowed in the forestry district. (Ord. 2013-20)

Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel. See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the F column on the use table in section 15.2.28 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

None. (Ord. 2013-20)

Not applicable. (Ord. 2013-20)

Not applicable. (Ord. 2013-20)

Not applicable. (Ord. 2013-20)

Not applicable. (Ord. 2013-20)

This district is created to provide land for purposes devoted primarily to the production of agricultural products such as field crops, livestock, fowl and other conventional agricultural pursuits. Other limited compatible uses are also permitted. This district is also created to assist in the conservation of the natural resources within the jurisdiction of this title by encouraging practices which will conserve soil, soil resources, water, water resources, and prevent soil erosion and floodwater damages. Utilities other than electricity and telecommunications should be provided by the land user thereby discouraging the uneconomical extension of public water supply and sewage disposal facilities. Uses not related to agriculture are discouraged. When the public interest will be served and only when a contribution will be made to orderly growth, portions of this district may be rezoned for alternative uses. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the AG column on the use table in section 15.2.28 of this chapter shall be allowed in the general agriculture district. (Ord. 2013-20)

   A.   Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel, including, but not limited to:

      Artificial lakes.

      Home occupation.

      Living quarters for a person employed on the premises and his/her family on parcels ten (10) acres or more.

      Market facilities for sale of farm produced goods.

      Open storage incidental to a permitted principal use for commercial purposes other than agricultural production is allowed in this district, subject to the standards of section 15.4.5 of this title.

   B.   Junkyards are strictly prohibited.

   C.   See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the AG column on the use table in section 15.2.28 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

Five (5) acres for permitted uses. (Ord. 2013-20)

One hundred fifty feet (150'). (Ord. 2013-20)

Eighty feet (80') along federal or state highways; sixty feet (60') along other public roads. (Ord. 2013-20)

Thirty feet (30'). (Ord. 2013-20)

Ten percent (10%) of lot width on each side, but shall not be less than fifteen feet (15') and need not be more than thirty feet (30'). (Ord. 2013-20)

No structures or enclosed pens in which livestock, fowl, and animals are kept shall be closer than two hundred feet (200') from any residential or commercial structure on an adjacent property, except chicken coops containing six (6) or fewer chickens in conformity with title 3 of this code. (Ord. 2013-20)

Not applicable. (Ord. 2013-20)

As required in section 15.4.8 of this title. (Ord. 2013-20)

For the principal residential structure, one family plus one person not related to the family. (Ord. 2013-20)

No more than one principal residential structure is permitted on any single lot. (Ord. 2013-20)

This district is established to provide areas for large lot single-unit residential purposes wherein utilities other than electricity may be provided by the land user. Any land designated for this use shall have a minimum of ten (10) contiguous acres including any public right of way for each RR district so established. (Ord. 2013-20)

Ten (10) contiguous acres. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the RR column on the use table in section 15.2.28 of this chapter shall be allowed in the rural residential district. (Ord. 2013-20)

   A.   Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel, including, but not limited to:

      Artificial lakes.

      Livestock for personal use.

      Noncommercial greenhouses.

   B.   See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the RR column on the use table in section 15.2.28 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

One acre. (Ord. 2013-20)

No more than one principal residential structure is permitted on any single lot. (Ord. 2013-20)

One hundred fifty feet (150'). (Ord. 2013-20)

Sixty feet (60'). (Ord. 2013-20)

Thirty feet (30'). (Ord. 2013-20)

Ten percent (10%) of lot width on each side, but shall not be less than fifteen feet (15') and need not be more than thirty feet (30'). (Ord. 2013-20)

No structures or enclosed pens in which livestock, fowl and animals are kept shall be closer than two hundred feet (200') from any residential or commercial structure on an adjacent property, except chicken coops containing six (6) or fewer chickens in conformity with title 3 of this code. (Ord. 2013-20)

Thirty five feet (35'). (Ord. 2013-20)

One family plus one person not related to the family. (Ord. 2013-20)

As required in section 15.4.8 of this title or in the special use performance standards. (Ord. 2013-20)

This district is established to provide areas for single-unit residential purposes, and to provide maximum protection from the encroachment of other types of uses which are not appropriate to low density residential areas. Other reasons for the establishment of these districts are: to maintain a quiet atmosphere within the districts; to discourage incompatible uses within the district. Care has been taken and shall be taken in the delineation and expansion of these districts to assure that adequate public water is available and that individual sewage disposal systems will not be required. Four (4) such districts are established with varying lot sizes and densities (R-1-15, R-1-12, R-1-8, R-1-5). (Ord. 2013-20)

No more than one principal structure shall be located on any single lot. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the R-1 column on the use table in section 15.2.28 of this chapter shall be allowed in the R-1 low density residential district. (Ord. 2013-20)

Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel. See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the R-1 column on the use table in section 15.2.28 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

In no case shall the principal entrance to a dwelling exit into a side yard, as shown in the following illustration:

(Ord. 2013-20)

The average lot area for each district is detailed in the table below subject to the following provisions:

   A.   No lot shall be ten percent (10%) less than the average minimum.

   B.   At least seventy five percent (75%) of the lots shall be of the average size.

   C.   The average lot size shall be designed to meet all other minimum code requirements for lots within this district.

   D.   The average lot size shall be applied to all lots within an individual subdivision developed after the adoption of this title and shall not be applied retroactively.

            AVERAGE LOT AREA

 

 

   (Ord. 2013-20)

    MINIMUM LOT WIDTH

 

 

(Ord. 2013-20)

The minimum front yard depth is detailed in the table below. Subdivisions developed before 1974 will be allowed to calculate an average front yard depth based on the following guidelines:

   A.   Only those subdivisions developed before 1974 will be allowed to calculate an average front yard depth.

   B.   The average front yard depth shall be calculated based upon the front yard setback for all homes located within the block. For the purpose of this section, the block shall be identified as all homes with frontage on the same street that are located between the two (2) nearest public/private streets.

            MINIMUM FRONT YARD DEPTH

 

 

(Ord. 2013-20)

   MINIMUM REAR YARD DEPTH

 

 

(Ord. 2013-20)

Ten percent (10%) of lot width on each side, but shall not be less than five feet (5') and need not be more than fifteen feet (15'). (Ord. 2013-20)

   MINIMUM FLOOR AREA

 

 

(Ord. 2013-20; amd. Ord. 2024-24)

Thirty five feet (35'). (Ord. 2013-20)

One family plus one person not related to the family. (Ord. 2013-20)

As required in section 15.4.8 of this title or in the special use performance standards. (Ord. 2013-20)

This district is established to provide areas for single- and two-unit residential purposes. Persons and families residing in this district are entitled to protection from the encroachment of other types of uses not compatible with low to medium density residential areas. In relation to R-1 (low density residential) districts, the R-1-D district is intended to provide for high traffic flow; maintain a relatively quiet atmosphere; provide adequate open space; and discourage incompatible uses while serving as a buffer between single-unit residential districts and medium to high density residential districts. Adequate public water and municipal sanitary sewer service is required. Four (4) such districts are established with varying lot sizes and densities (R-1-15D, R-1-12D, R-1-8D, R-1-5D). (Ord. 2013-20)

No more than one principal structure shall be located on a single lot. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the R-1-D column on the use table in section 15.2.28 of this chapter shall be allowed in the R-1-D low density residential district, two-unit dwellings district. (Ord. 2013-20)

Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel. See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the R-1-D column on the use table in section 15.2.28 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

In no case shall the principal entrance to a dwelling exit into a side yard. For an illustration of the permitted locations for a principal entrance, please refer to section 15.2.11.6 of this chapter. (Ord. 2013-20)

 

 

(Ord. 2013-20)

   MINIMUM LOT WIDTH BY DISTRICT AND USE

 

 

(Ord. 2013-20)

   MINIMUM FRONT YARD DEPTH

 

 

(Ord. 2013-20)

Fifteen feet (15'). (Ord. 2013-20)

Ten percent (10%) of lot width on each side but shall not be less than eight feet (8') and need not be more than fifteen feet (15') with the exception of townhouses which may be constructed up to side lot lines where they abut another townhouse. (Ord. 2013-20)

   MINIMUM FLOOR AREA FOR EACH UNIT, EXCLUSIVE OF GARAGE

 

 

(Ord. 2013-20; amd. Ord. 2024-24)

Thirty five feet (35'). (Ord. 2013-20)

   A.   Maximum occupancy for single-unit dwellings including townhouses, two-unit dwellings, condominiums (residential) with two (2) or fewer units: One family plus one person per dwelling unit. (Ord. 2013-20)

As required in section 15.4.8 of this title. (Ord. 2013-20)

   A.   This district is established to provide areas for single-, two-, three- and four-unit residential purposes. Persons and families residing in this district are entitled to protection from the encroachment of other types of uses which are not appropriate to medium density residential areas.

   B.   In relation to R-1 (low density residential) districts, the R-2 district is intended to provide for higher traffic flow; maintain a relatively quiet atmosphere; discourage incompatible uses; provide less, but adequate open space. Care has been taken and shall be taken in the delineation and expansion of this district to assure that adequate public water is available and that individual sewage disposal systems will not be required. (Ord. 2013-20)

No more than one principal structure shall be located on a single lot. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the R-2 column on the use table in section 15.2.28 of this chapter shall be allowed in the R-2 medium density residential district. (Ord. 2013-20)

Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel. See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the R-2 column on the use table in section 15.2.28 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

In no case shall the principal entrance to a dwelling exit into a side yard, as shown in the illustration located in section 15.2.11.6 of this chapter. In buildings containing more than two (2) units, this provision shall only apply to the first two (2) units. (Ord. 2013-20)

   MINIMUM LOT AREA

 

 

(Ord. 2013-20)

Fifty feet (50'); except townhouses on separate lots, twenty five feet (25'). (Ord. 2013-20)

Twenty five feet (25') or twenty percent (20%) of lot depth, whichever is less. (Ord. 2013-20)

Fifteen feet (15'). (Ord. 2013-20)

Ten percent (10%) of lot width on each side but shall not be less than eight feet (8') and need not be more than fifteen feet (15') with the exception of townhouses which may be constructed up to side lot lines where they abut another townhouse. (Ord. 2013-20)

Six hundred (600) square feet per dwelling unit. (Ord. 2013-20)

Thirty five feet (35'). (Ord. 2013-20)

One family per dwelling unit plus one person; or two (2) persons for the first three hundred (300) square feet of floor area plus one person for each additional two hundred fifty (250) square feet of floor area. (Ord. 2013-20)

As required in section 15.4.8 of this title. (Ord. 2013-20)

This district is created to allow more intensive residential development including multi-unit structures, and also to provide for adequate off street parking and open space. It will permit a larger variety of uses which are not incompatible with the aims of this district, which shall be predominantly residential in character. Adequate public water and sewer are to be available to meet the needs of this high density residential area and shall be available in any additional area proposed for this district. (Ord. 2013-20)

   A.   Residential Uses: The maximum residential density allowed for a site in the R-3 zoning district is eighteen (18) dwelling units per acre with a maximum floor area ratio (FAR) of 0.400.

   B.   Minimum Open Space: An R-3 development shall include recreational space of two hundred (200) square feet for each dwelling unit in the proposed project. Recreation space shall maintain a minimum width of twenty feet (20') in order to be considered recreation space. Required recreation space shall be deed restricted to maintain its character as open space which shall not be paved or covered in any way except as allowed by this section. Play equipment for children with pervious, safe, ground cover may be allowed in the open space and shall not be considered cover. Up to twenty percent (20%) of the required recreation space for a project may be covered by tennis courts, swimming pools or other hard surfaces designed for recreational use.

   C.   Limitations: The stated density limitation is an absolute maximum that can be achieved only through careful design. Providing required off street parking, required buffers and required recreation space will limit the effective density on many sites. The varied height standard of section 15.2.14.11 of this chapter may also limit the effective achievable density on some sites. (Ord. 2013-20)

No restrictions. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the R-3 column on the use table in section 15.2.28 of this chapter shall be allowed in the R-3 high density residential district. (Ord. 2013-20)

   A.   Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel.

   B.   No areas for outdoor storage, trash collection or compaction, loading, HVAC equipment or similar uses shall be located within twenty five feet (25') of any public street, public sidewalk, or property zoned R-1 or R-2. See section 15.4.5 of this title for additional standards for open storage.

   C.   See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the R-3 column on the use table in section 15.2.28 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

   A.   Residential uses: Five thousand (5,000) square feet minimum except townhouses on separate lots two thousand five hundred (2,500) square feet minimum.

   B.   Nonresidential uses: Five thousand (5,000) square feet. (Ord. 2013-20)

   A.   Residential uses: None.

   B.   Nonresidential uses: Fifty feet (50') if on a separate lot. (Ord. 2013-20)

No structures shall be constructed within ten feet (10') of any property line of a project, with the exception of townhouses which may be constructed up to side lot lines where they abut another townhouse. (Ord. 2013-20)

   A.   Multiple-unit dwellings, per dwelling unit exclusive of garages: Three hundred (300) square feet.

   B.   Rooming houses, fraternities, sororities, or dormitories: Three hundred (300) square feet plus two hundred (200) square feet per bed in accordance with design capacity.

   C.   Single-unit, two-unit, three-unit and four-unit dwellings: Six hundred (600) square feet per dwelling unit. (Ord. 2013-20)

One hundred twenty five feet (125') but no building shall exceed a height of thirty feet (30') plus one additional foot for each two feet (2') of horizontal separation between the building and the nearest portion of any R-1 zoning district. (Ord. 2013-20)

One family per dwelling unit plus one person; or two (2) persons for the first three hundred (300) square feet of floor area plus one person for each additional two hundred fifty (250) square feet of floor area. (Ord. 2013-20)

See section 15.4.7.1 of this title for additional design standards that apply to certain buildings in this district. (Ord. 2013-20)

Off street parking and loading shall conform to section 15.4.8 of this title. (Ord. 2013-20)

This district is established to permit such flexibility and provide performance criteria which can result in planned residential developments which produce:

   A.   A greater choice in the type of environment and living units available to the public;

   B.   Open space and recreation areas;

   C.   A pattern of development which preserves trees, outstanding natural topography and geological features and prevents soil erosion;

   D.   A creative approach to the use of land and related physical development;

   E.   An efficient use of land resulting in more efficient use of utilities and streets;

   F.   An environment of stable character in harmony with surrounding development;

   G.   A more desirable environment than would be possible through the strict application of other sections of this title.

The planned unit development section is designed to provide for small and large scale developments incorporating a single type or a variety of residential and related uses which are planned and developed as a unit. Such development may consist of individual lots or it may group buildings on combinations of lots or tracts of land. Open space for common use must be a major element of the plan. (Ord. 2013-20)

Residential uses and structures shown with a "P" (for "permitted") in the PUD column on the use table in section 15.2.28 of this chapter shall be allowed in the PUD planned unit development district. (Ord. 2013-20)

   A.   Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel. See section 15.3.4.1 of this title for standards for accessory structures.

   B.   Commercial and institutional uses in conjunction with a residential development as shown with a "P" in the PUD column on the use table in section 15.2.28 of this chapter shall be allowed in the PUD planned unit development district. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the PUD column on the use table in section 15.2.28 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

   A.   For land within the corporate limits a minimum tract of one acre for the entire development.

   B.   For land outside the corporate limits a minimum tract of four (4) acres for the entire development. (Ord. 2013-20)

One hundred fifty feet (150') for the entire development. (Ord. 2013-20)

Twenty feet (20') for entire development. (Ord. 2013-20)

Twenty feet (20') for entire development. (Ord. 2013-20)

Twenty feet (20') for entire development. (Ord. 2013-20)

One family per dwelling unit plus one person; or two (2) persons for the first three hundred (300) square feet of floor area plus one person for each additional two hundred fifty (250) square feet of floor area. (Ord. 2013-20)

See section 15.4.7.1 of this title for additional design standards that apply to certain buildings in this district. (Ord. 2013-20)

As required by section 15.4.8 of this title. (Ord. 2013-20)

   A.   Residential Uses: The maximum residential density allowed for a site in any PUD zoning district is twenty five (25) dwelling units per acre with a maximum floor area ratio (FAR) of 0.600.

   B.   Commercial Uses: Permitted commercial uses may be substituted for residential uses at a rate of two thousand five hundred (2,500) square feet of commercial space for each fifty (50) dwelling units subject to section 15.2.15.15 of this chapter.

   C.   Minimum Recreation Space:

      1.   A PUD development shall include recreational space of two hundred (200) square feet for each of the first fifty (50) dwelling units and one hundred (100) square feet of recreational space for each unit thereafter in the proposed project. Recreation space shall maintain a minimum width of fifty feet (50') in order to be considered recreation space. Required recreation space shall be deed restricted to maintain its character as open space which shall not be paved or covered in any way except as allowed by this section. Play equipment for children with pervious, safe, ground cover may be allowed in the open space and shall not be considered cover. Up to twenty percent (20%) of the required recreation space for a project may be covered by tennis courts, swimming pools or other hard surfaces designed for recreational use.

      2.   In a PUD development requiring a minimum of ten thousand (10,000) square feet of recreation space, the least dimension shall not be less than one hundred feet (100').

   D.   Limitations: The stated density limitation is an absolute maximum that can be achieved only through careful design. Providing required off street parking, required buffers and required open space will limit the effective density on many sites. (Ord. 2013-20)

   A.   Zoning Review: Preliminary plan required in order to establish the planned unit development zone and land use pattern.

      1.   A planned unit development zone may be permitted by the city council only after a public hearing by the planning commission. The developer shall present plans, reports and related information in sufficient detail to enable the planning commission to evaluate the proposed planned unit development in accordance with this section. Such plans shall be in accordance with this section. Such plans shall be of a general nature showing the schematic design of the planned unit development and contain the following:

         a.   Legal description of property to be zoned.

         b.   Location, number, and type of structures proposed for various sections of the development.

         c.   Locations of internal streets with right of way widths indicated and their relationship to existing neighborhood streets and thoroughfare plan.

         d.   Location and area of semipublic recreation areas.

         e.   General utility layout and location of any public utility sites (i.e., power substations, water, sanitary sewer, and storm sewer lines, etc.).

         f.   Location and size of any commercial areas.

         g.   Map showing relationship of the proposed development to the comprehensive plan with particular emphasis on relationship to adjoining uses.

         h.   Tabulation of total land areas and percentages devoted to each use.

         i.   Intensity/density numbers required for such a development.

         j.   Proposed parking lot locations and capacities.

         k.   Proposed staging of development (if any).

      2.   A date for a public hearing shall not be set until all of the above required information has been presented to the administrative official. Upon receipt of the preliminary plans, the administrative official shall schedule a public hearing before the planning commission.

      3.   In reviewing the planned unit development zoning, the commission shall determine if:

         a.   There is reasonable justification for the planned unit development zoning at the proposed location.

         b.   The planned unit development zoning and the assigned density will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor diminish and impair property values within the neighborhood.

         c.   The establishment of the planned unit development zoning will not impede the normal and orderly development and improvement of surrounding property.

         d.   The proposed planned unit development zoning will permit and encourage an environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood.

         e.   The district will conform to the policies and goals of the comprehensive plan for the city and will be consistent with the intention of this title.

         f.   Community facilities, including schools, parks, sewer and water systems are adequate to provide properly for the proposed development.

      4.   The planning commission shall make a recommendation to the city council on the appropriateness of the proposed planned unit development. The commission shall give special consideration to the density of the existing, surrounding land uses and the density suggested by the comprehensive plan for the area.

      5.   After the hearing, the planning commission shall make a recommendation to the city council for denial or approval of the planned unit development zoning. The city council shall deny or approve the planned unit development zoning and establish a maximum FAR.

   B.   Design Review: Final plan required for design review and approval of the planned unit development.

      1.   The applicant shall submit final plans for design approval within the eighteen (18) months after the planned unit development zoning approval. If more than eighteen (18) months elapse after zoning approval and final plans have not been submitted to the administrative official, the planning services division shall notify the city council. An extension in this time limit may be granted by the city council if good cause can be shown by the applicant. If such time extension is not granted, the planning services division shall begin proceedings to have the land rezoned to its previous zoning district designation.

      2.   Upon receipt of the final plans, the administrative official shall process the plans in the manner prescribed in the site plan procedure as delineated in section 15.6.10 of this title. The administrative official shall notify all property owners within two hundred fifty feet (250') of the proposed development by regular mail that a final PUD plan has been submitted and is available for public review in the planning office. This notice shall be sent no later than fifteen (15) days prior to city council review.

      3.   Upon DAC review, the administrative official shall only indicate tentative approval of the site plan and final plans. Upon granting tentative approval, the administrative official shall schedule a meeting before the city council for the design review of the planned unit development. These plans shall establish the design standards for the planned unit development.

      4.   In addition to the information required by sections 15.6.10.3 and 15.6.10.4 of this title, the final development plan shall include:

         a.   Delineation of development staging; each development stage must have final plan approval.

         b.   Any variation from schematic plan approved at the time of zoning review.

         c.   Tabulation of total land areas and percentages thereof designated for various uses.

         d.   Covenants (proposed and existing).

      5.   In reviewing the planned unit development design plan, the city council shall determine if:

         a.   The elements of the plan are arranged and designed to reflect the principles and objectives of the intent of this title.

         b.   The design of the planned unit development will not be detrimental to the public health, safety, or general welfare.

The city council shall approve or deny said final development plan within forty five (45) days after receipt of said plans from the administrative official. If the city council grants final development plan approval, the city administration may then grant final site plan approval to the development. (Ord. 2013-20)

   A.   Commercial areas may be in a separate structure or incorporated with a residential structure. The following requirements shall be met before any commercial uses may be incorporated:

      1.   A planned unit development containing fifty (50) dwelling units shall be allowed two thousand five hundred (2,500) square feet of commercial space. For each additional dwelling unit, fifty (50) square feet of commercial space will be allowed, provided that no commercial structure shall exceed five thousand (5,000) square feet. No commercial space within a particular phase of development shall be occupied until one hundred percent (100%) of the dwelling units within that phase are complete.

      2.   The structure, if separate, shall be of an architectural design compatible with that of the dwelling units.

      3.   One parking space for every four hundred (400) square feet of commercial floor area shall be provided.

      4.   Signs shall be limited to an identification sign at each access point to the commercial building. (See section 15.4.10.7 of this title.)

   B.   The method for providing water and sewage service must be reviewed by the development assistance committee before the city council approves the final plans.

   C.   All utilities must be underground.

   D.   Satisfactory arrangements shall be made for improving, operating, and maintaining common facilities including streets, drives, parking areas, open spaces, and recreation areas before the city council approves the final plans. (Ord. 2013-20)

   A.   Plans Recorded And Kept On File: After approval by the city council, the final development plans shall be recorded with the city clerk and also kept on file in the office of the administrative official.

   B.   Minor Changes: All final plans recorded hereunder shall be binding upon the applicants therefor, their successors and assigns; shall limit and control issuance and validity of all zoning permits; and shall restrict and limit the construction, location, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans; provided however, that upon application to and approval by the planning services division minor changes may be permitted if such minor changes will not cause any of the following to occur:

      1.   A change in the character of the development.

      2.   An increase in the floor area.

      3.   An increase in the intensity of use.

      4.   A reduction in the originally approved separations between buildings.

      5.   An increase of the problems of circulation, safety and utilities.

      6.   Any detrimental effects on adjacent property.

      7.   A reduction in the originally approved setbacks from property lines.

      8.   An increase in ground coverage by structures.

      9.   A reduction in the ratio of off street parking and loading space to gross floor area in the structures.

      10.   A change in the subject, size, lighting, or orientation of originally approved signs.

   C.   Building Permit: After city council approval of the final plans, the applicant shall have eighteen (18) months to obtain a building permit and start construction. If more than eighteen (18) months' time elapses after final plan approval and construction has not begun, the planning services division shall notify the city council. An extension of this time limit may be granted by the city council if good cause can be shown by the applicant. If such time extension is not granted, the planning services division shall begin proceedings to have the land rezoned to its previous zoning district designation.

   D.   Alterations Or Additions To Recorded Final Plans: Any alteration or additions to recorded final plans other than as provided in subsection B of this section of this section shall require approval in the same manner as final plans as provided in this title. (Ord. 2013-20)

This district is created to provide areas in which mobile home parks may be situated for residential dwelling purposes. It is the intent that this district be a desirable permanent area providing adequate open space, and essentially the same considerations be given to residents as are given to residents of R-1 and R-2 districts. The property should not be within an area used nor planned for industrial development, nor should the occupants of the proposed parks be, in any way, adversely affected by nearby existing or planned industrial uses. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the RMH column on the use table in section 15.2.28 of this chapter shall be allowed in the planned mobile home district. (Ord. 2013-20)

Accessory uses and structures customarily incidental to principal uses and structures and on the same parcel, including, but not limited to:

   A.   One single-unit dwelling of conventional construction per mobile home park for occupancy by the manager of the park and his family.

   B.   Storage buildings.

   C.   See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the RMH column on the use table in section 15.2.28 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control uses. (Ord. 2013-20)

One acre. (Ord. 2013-20)

Two hundred feet (200'). (Ord. 2013-20)

Thirty feet (30'). (Ord. 2013-20)

Twenty feet (20'). (Ord. 2013-20)

Twenty feet (20'). (Ord. 2013-20)

Twenty five feet (25'). (Ord. 2013-20)

One family per dwelling unit plus one person; or two (2) persons for the first three hundred (300) square feet of floor area, plus one person for each additional two hundred fifty (250) square feet of floor area. (Ord. 2013-20)

   A.   Site Requirements:

      1.   All mobile homes shall be set back at least ten feet (10') from all internal private roads.

      2.   The minimum distance required for the separation of a mobile home from any other mobile home or other building shall be fifteen feet (15').

      3.   An RMH development shall include landscaped open space of two hundred (200) square feet for each dwelling unit in the proposed project. Landscaped buffers required under section 15.4.1.6 of this title may be counted toward half the required open space, but at least half the required open space shall be designed for use by residents of the project as active or passive recreation space separate from the buffers. Required open space shall be deed restricted to maintain its character as open space which shall not be paved or covered in any way except as allowed by this section. Play equipment for children with pervious, safe ground cover may be allowed in the open space and shall not be considered cover. Up to twenty percent (20%) of the required open space for a project may be covered by tennis courts, swimming pools or other hard surfaces designed for recreational use. All other required open space shall be landscaped in accordance with section 15.4.1.3 of this title. All utilities such as sewer, water, electricity, gas, oil, telephone, and cable television, shall be placed underground.

      4.   A six foot (6') ornamental wall, chainlink fence with slats, or other ornamental fence, dense evergreen hedges (to have attained a height of 6 feet in not more than 3 years) or a combination of the above shall be constructed along property lines contiguous to areas of existing conventional residential construction and subject to the provision of architectural review by the planning services division.

      5.   A landscaping plan of the proposed park, including at least one tree per mobile home lot of at least one and one-half inch (11/2") diameter measured three feet (3') aboveground, shall be submitted for approval by the administrative official. No more than thirty percent (30%) of the landscaped area may be maintained in ornamental rock or gravel.

   B.   Access And Street Requirements:

      1.   All mobile home lots must be served from internal private streets within the mobile home park and there shall be no direct access from a mobile home lot to a public street or alley.

      2.   The minimum number of required parking spaces shall conform with section 15.4.8 of this title.

      3.   All interior private streets shall be a minimum of twenty four feet (24') in width which may include parking areas. However, a minimum of ten feet (10') for a one-way street or twenty feet (20') for a two-way street shall be reserved for traffic lanes and shall not contain any parking. All streets and parking areas shall be paved with hot mix asphalt, concrete, or the equivalent thereof surfacing which shall be durable and well drained under normal use and weather conditions.

      4.   No internal private street access to public streets shall be located closer than one hundred twenty five feet (125') to any public street intersection.

      5.   All interior cul-de-sac streets shall have a minimum outside turning radius of thirty eight feet (38').

      6.   All interior private street corners shall have a minimum fifteen foot (15') radius.

      7.   All streets shall be lighted in accordance with the standards of the city and the state for mobile home parks.

      8.   Stop signs shall be placed at all intersections involving public streets and yield signs placed appropriately on internal private streets.

   C.   Additional Facilities:

      1.   Each mobile home park shall provide screened areas for refuse disposal of an adequate size for the number of units served, and shall provide for the collection of such refuse on a regularly scheduled basis. The location of such trash collection points shall not be more than two hundred feet (200') from any mobile home measured along an all weather surface.

      2.   Each mobile home park shall be responsible to ensure that storage area is provided containing a minimum of two hundred (200) cubic feet of space capable of being locked for each rental mobile home. Such facilities shall be provided on each individual lot or in centralized locations not more than one hundred feet (100') from each lot served. Such storage facilities shall be designed in a manner that will not detract from the appearance of the development and shall be constructed of a suitable weatherproof material. (Ord. 2013-20)

   A.   The procedure for granting RMH zoning approval shall follow the procedures established in subsections 15.2.15.14A, B, and 15.2.15.16D, and section 15.2.15.15 of this chapter.

   B.   Prior to the beginning of construction, a set of final plans shall be provided to the planning services division for review to determine compliance with the performance standards of section 15.2.16.12 of this chapter. No construction shall begin until the planning services division certifies the plan's compliance. (Ord. 2014-48)

This district is created to encourage the adaptive reuse of nonresidential buildings constructed in residentially zoned neighborhoods. The application of this district should increase the quality of life within neighborhoods by allowing nonresidential buildings to be used in a manner that has a positive impact rather than serve as a blighting force. Proposed uses should cater to the surrounding neighborhoods but may also need to have a broad community appeal in order to be economically viable. There should be a focus on providing pedestrian friendly options that encourage walking and biking, and eliminates the need for large parking areas. (Ord. 2014-48)

Those properties that contain a structure originally constructed for nonresidential purposes and any related parking that are located in a residentially zoned district, may apply for a rezoning to neighborhood business. Adjoining properties not associated with the nonresidential structure/parking area may be included in the NB district only upon approval by a favorable vote of two-thirds (2/3) of those council members present, but at least four (4) votes are required. (Ord. 2014-48)

Principal uses and structures shown with a "P" (for "permitted") in the NB column on the use table in section 15.2.29 of this chapter shall be allowed in the neighborhood business district. (Ord. 2014-48)

Accessory uses and structures customarily incidental to principal uses and structures. (Ord. 2014-48)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the NB column on the use table in section 15.2.29 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control uses.

   C.   When reviewing a request for a special use, the planning commission should consider the additional criteria outlined in subsection 15.6.8.2C of this title. (Ord. 2014-48)

The size of the district shall be controlled by the area of the property upon which the existing nonresidential structure and any existing parking is located. The NB district shall only extend beyond the limits of the property upon which the existing structure/parking area is located, with approval by a favorable vote of those council members present, but at least four (4) votes are required. (Ord. 2014-48)

The minimum setback requirements (front, side, and rear) shall be considered to be the approved footprint of the nonresidential structure at the time the rezoning request is adopted by the city council. The approved footprint may include modifications to the existing structure. (Ord. 2014-48)

Due to the intent of the neighborhood business district there are no minimum parking requirements, although consideration should be given to the amount of anticipated neighborhood walk-in traffic, bicycle facilities, available on street parking, the proposed use of the building(s), and peak time parking demands. (Ord. 2014-48)

Open storage incidental to the principal use is allowed in this district, subject to the standards of section 15.4.5 of this title. (Ord. 2014-48)

   A.   Zoning Review: A development plan is required in order to establish the neighborhood business district.

      1.   A neighborhood business district may be permitted by the city council only after a public hearing by the planning commission. The developer shall present plans in sufficient detail to enable the planning commission to evaluate the proposed neighborhood business in accordance with this section. Such plans shall be of a general nature showing the schematic design of the neighborhood business and contain the following:

         a.   Legal description of property to be zoned.

         b.   Location, number, and type of existing/proposed structures.

         c.   The distance from all existing/proposed structures to the property line(s).

         d.   Location and size of any signs.

         e.   Tabulation of total land areas and percentages devoted to each use.

         f.   Existing/proposed parking area locations and capacities.

         g.   Existing/proposed bicycle facilities.

         h.   Any proposed open storage.

         i.   Any proposed modifications to the exterior of the building.

      2.   A date for a public hearing shall not be set until all of the above required information has been presented to the administrative official. Upon receipt of the preliminary plans, the administrative official shall schedule a public hearing before the planning commission.

      3.   In reviewing the neighborhood business district, the commission shall determine if:

         a.   The property meets all eligibility requirements as detailed in this section.

         b.   There is reasonable justification for the neighborhood business district at the proposed location.

         c.   The neighborhood business district will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor diminish and impair property values within the neighborhood.

         d.   The establishment of the neighborhood business district will not impede the normal and orderly development and improvement of surrounding property.

         e.   The proposed neighborhood business district will permit and encourage an environment of sustained desirability and stability, and that it will be in harmony with the character of the surrounding neighborhood.

         f.   The district will conform to the policies and goals of the comprehensive plan for the city and will be consistent with the intention of this title.

      4.   The planning commission shall make a recommendation to the city council for denial or approval of the neighborhood business zoning. The commission shall give special consideration to the density of the existing, surrounding land uses and the density suggested by the comprehensive plan for the area. The city council shall deny or approve the neighborhood business zoning. (Ord. 2014-48)

   A.   Modification Review:

      1.   Modifications may be allowed within a previously adopted neighborhood business district upon city council review and action. The following modifications may be made to a previously adopted neighborhood business zone:

         a.   An expansion of the building footprint.

            (1)   An expansion of the building footprint shall be subject to review by the planning commission in accordance with the procedures outlined in section 15.6.7.1 of this title.

         b.   An increase in the size or amount of accessory structures.

         c.   An increase in the amount of parking stalls.

         d.   An increase in the size, location, or amount of signs.

         e.   A modification to the exterior of the building.

      2.   The developer shall present plans in sufficient detail to enable the city council to evaluate the proposed modifications to the neighborhood business district in accordance with this section. Such plans shall be of a general nature showing the schematic design of the proposed modifications to the neighborhood business and contain the following:

         a.   Location and type of proposed modification.

         b.   The distance from all proposed additions/structures to the property line(s).

         c.   Proposed additional parking stall locations with dimensions.

      3.   Upon receipt of the modified plans, the administrative official shall notify all property owners within two hundred fifty feet (250') of the neighborhood business district by regular mail that a modification to the district has been submitted and is available for public review in the planning office. A notification shall also be given utilizing the neighborhood notification program outlined in section 15.6.13 of this title. Both notices shall be sent no later than fifteen (15) days prior to city council review of the modified plans.

      4.   In reviewing the modification to the neighborhood business district, the city council shall determine if:

         a.   The proposed modifications are arranged and designed to reflect the principles and objectives of the neighborhood business district.

         b.   The proposed modifications will not be detrimental to the public health, safety, or general welfare of the surrounding neighborhood.

      5.   The city council shall approve or deny the proposed modification within forty five (45) days after receipt of said modification from the administrative official. If the city council grants approval of the modification, the administrative official may then issue permits authorizing the modification. (Ord. 2014-48)

This residential district is created to provide appropriately located areas for harmonious intermediate uses to serve as buffers between residential districts and nonresidential districts; to create a suitable environment for professional and administrative office buildings compatible with surrounding residential uses; specially designed for such purposes and located on sites large enough to provide room for landscaping, open spaces, and off street parking facilities; to minimize traffic congestion and to avoid the overloading of utilities. It is intended that this district preserve the residential appearance and character of a neighborhood. (Ord. 2014-48)

Principal uses and structures shown with a "P" (for "permitted") in the PAR column on the use table in section 15.2.29 of this chapter shall be allowed in the PAR professional administrative office, residential district. (Ord. 2014-48)

Accessory uses and structures customarily incidental to permitted principal uses and structures and on the same parcel. (Ord. 2014-48)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the PAR column on the use table in section 15.2.29 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

Six thousand (6,000) square feet. (Ord. 2013-20)

Fifty feet (50'). (Ord. 2013-20)

Twenty five feet (25') or twenty percent (20%) of lot depth, whichever is less. (Ord. 2013-20)

Fifteen feet (15'). (Ord. 2013-20)

Ten percent (10%) of lot width on each side but shall not be less than eight feet (8') and need not be more than fifteen feet (15'). (Ord. 2013-20)

Thirty feet (30'). (Ord. 2013-20)

As required in section 15.4.8 of this title, and located no closer to a public street than any principal building on the lot. In the case of corner lots or through lots, parking can be located no closer to the public street with the highest average daily traffic count than any principal building is located to that street. (Ord. 2013-20)

No more than one principal structure shall be located on any single lot. (Ord. 2013-20)

This district is created to reserve appropriately located areas for harmonious intermediate uses to serve as buffers between residential districts and nonresidential districts; to create a suitable environment for professional and administrative office buildings, specially designed for such purposes and located on sites large enough to provide room for landscaping, open spaces, and off street parking facilities; to minimize traffic congestion and to avoid the overloading of utilities. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the PA column on the use table in section 15.2.29 of this chapter shall be allowed in the PA professional administrative office district. (Ord. 2013-20)

Accessory uses and structures customarily incidental to a permitted principal use and structure and on the same parcel. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the PA column on the use table in section 15.2.29 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

Six thousand (6,000) square feet. (Ord. 2013-20)

Fifty feet (50'). (Ord. 2013-20)

Ten feet (10'). (Ord. 2013-20)

Where use abuts a residential district and is not separated from the district by a street or alley, side and rear yard requirements shall conform to those of the abutting residential zone. Otherwise, none required for structures up through three (3) stories, and two feet (2') required at grade for each story over three (3) stories. (Ord. 2013-20)

One hundred twenty five feet (125'). (Ord. 2013-20)

As required in section 15.4.8 of this title. (Ord. 2013-20)

This district is created to provide areas for certain commercial, service, and public uses adjacent to or near major thoroughfares. The permitted uses in this district are of a type which more typically serves consumers on special purpose trips and are therefore not as dependent on being associated with other uses. It is intended that all uses, including accessory uses, in this district provide an appropriate amount of off street parking and loading facilities. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the SB column on the use table in section 15.2.29 of this chapter shall be allowed in the SB secondary business district. (Ord. 2013-20)

Accessory uses and structures customarily incidental to principal uses and structures. See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the SB column on the use table in section 15.2.29 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

Seven thousand five hundred (7,500) square feet. (Ord. 2013-20)

Seventy feet (70'). (Ord. 2013-20)

Twenty feet (20'). (Ord. 2013-20)

None required; however, this provision shall not be construed to eliminate any required off street loading. (Ord. 2013-20)

None required on interior lots; however, this provision shall not be construed to eliminate any required off street loading. Twenty feet (20') for corner lots on second street frontage. (Ord. 2013-20)

Thirty five feet (35'). (Ord. 2013-20)

As required in section 15.4.8 of this title. (Ord. 2013-20)

Open storage incidental to the principal use is allowed in this district, subject to the standards of section 15.4.5 of this title. (Ord. 2013-20)

This district is created to provide for planned shopping centers. It is intended to promote the grouping of commercial uses and provide areas large enough to establish harmonious relationships between structures, people, and the automobile with the use of well planned parking and access, pedestrian walkways, courtyards, malls, and open spaces. Strip type development is discouraged. Developments which exist at the time this title was adopted may be included in a BPL district because they are similar in use and character to the permitted uses of this district and this statement of intent. Also, certain areas, which lend themselves appropriately to this statement of intent but which, on the effective date hereof are not occupied by commercial uses, but have strong pressures to be used as such, have been classified BPL. (Ord. 2013-20)

Principal uses and structures shown with a “P” (for “permitted”) in the BPL column on the use table in section 15.2.29 of this chapter shall be allowed in the BPL planned business district. “P-RO” uses in the BPL column shall be allowed in the Retail Revitalization Overlay District. (Ord. 2013-20;Ord. 2023-10)

   A.   Only those accessory uses and structures customarily incidental to principal uses and structures.

   B.   No areas for outdoor storage, trash collection or compaction, loading, HVAC equipment or similar uses shall be located within twenty five feet (25') of any public street, public sidewalk, or property zoned R-1 or R-2. See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an “S” (for “special use”) in the BPL column on the use table in section 15.2.29 of this chapter. “S-RO” in the BPL column may permit as special uses in the Retail Revitalization Overlay District.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20; Ord. 2023-10)

Ten thousand (10,000) square feet. (Ord. 2013-20)

One hundred feet (100'). (Ord. 2013-20)

Twenty feet (20'). (Ord. 2013-20)

   A.   Ten feet (10') for stand alone developments.

   B.   Lots as part of a contiguous development may have zero lot line construction when adjoining another building. (Ord. 2013-20)

   A.   Ten feet (10') for stand alone developments.

   B.   Lots as part of a contiguous development may have zero lot line construction when adjoining another building. (Ord. 2013-20)

   A.   Parking: Spaces and design standards as required in section 15.4.8 of this title.

   B.   Loading: Loading spaces as required in section 15.4.8 of this title. Off street loading facilities shall be provided as distinctly separated from parking lots and designed so as there will be a minimum or no conflict with parking lots. (Ord. 2013-20)

   A.   Zoning Review: Preliminary plan required in order to establish the BPL planned business district zoning designation.

      1.   Planned business zoning requires a public hearing before the planning commission. The developer shall present plans, reports and related information in sufficient detail to enable the planning commission to evaluate the proposed planned business district in accordance with this section. Such plans shall be of a general nature showing the schematic design of the planned business district and contain the following:

         a.   Legal description of property to be zoned.

         b.   Location of the district boundaries.

         c.   Location, number, and type of structures proposed for various areas in the development.

         d.   Location of internal streets with right of way widths indicated and their relationship to existing neighborhood streets and the thoroughfare plan.

         e.   Location of proposed curb cuts.

         f.   Location of proposed parking area.

         g.   Location and size of public utilities and power substations.

         h.   Map showing relationship of the proposed development to the comprehensive plan with particular emphasis on relationship to adjoining zones.

A date for a public hearing shall not be set until all of the above required information has been presented to the administrative official. Upon receipt of the preliminary plans, the administrative official shall schedule a public hearing before the planning commission.

      2.   In reviewing the planned business zoning, the commission shall determine if:

         a.   There is reasonable justification for a planned business district at the proposed location.

         b.   The planned business district will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted nor diminish and impair property values within the neighborhood.

         c.   The establishment of the planned business district will not impede the normal and orderly development and improvement of surrounding property.

         d.   The proposed planned business district will permit and encourage an environment of sustained desirability and stability, and that it will be compatible with the character of the surrounding neighborhood.

         e.   The district will conform to the policies and goals of the city's comprehensive plan and will be consistent with the intent of this title.

After the hearing, the planning commission within fifteen (15) days shall make a recommendation to the city council for denial or approval of the planned business zoning. The city council shall deny or approve the planned business zoning.

   B.   Final Plan Design Review And Approval: Final plan required for design review and approval of the planned business development.

      1.   The applicant shall submit final plans for design approval within eighteen (18) months after planned business zoning approval. If more than eighteen (18) months elapse after zoning approval and final plans have not been submitted to the administrative official, the planning services division shall notify the city council. An extension to the eighteen (18) month time limit may be granted by the city council if good cause is shown by the applicant. If such extension is not granted the planning services division shall begin proceedings to have the land rezoned to its previous zoning district designation.

      2.   Upon receipt of the final plans, the administrative official shall process the plans in the manner prescribed in the site plan procedure as delineated in section 15.6.10 of this title; provided, however, that the administrative official shall only indicate tentative approval of the site plan and final plans. Upon granting tentative approval, the administrative official shall schedule a meeting before the city council for the design review of the planned business development. These plans shall establish the design and performance standards for the planned business development.

      3.   In addition to the information required by section 15.6.10.3 and chapter 4 of this title, the final development plan shall include:

         a.   The nature of any unique design characteristics.

         b.   Relationship of vehicular traffic system in regards to pedestrian traffic flow systems.

         c.   Delineation of development staging; each development stage must have final plan approval.

         d.   Location of all structures within the planned business development.

         e.   All landscaping (species, location and initial size).

         f.   Any variations from schematic plan approved at the time of zoning review.

         g.   Location and specification of pedestrian walkways.

         h.   Nature of sign system.

         i.   Location and nature of any drive-in facilities.

      4.   In reviewing the planned business development design plan the city council shall determine if:

         a.   The elements of the plan are arranged and designed to reflect the principles and objectives of the intent of this section.

         b.   The design of the planned business development will not be detrimental to the public health, safety, or general welfare.

The city council shall approve or deny said development plans within forty five (45) days after receipt of said plans from the administrative official. After the city council grants final development plan approval, the city administration may then grant final site plan approval to the development.

      5.   After approval by the city council, the final development plan shall be recorded by the city clerk and kept on file in the office of the administrative official.

      6.   All final plans recorded hereunder shall be binding upon the applicants therefor, their successors and assigns, shall limit and control issuance and validity of all zoning permits and shall restrict and limit the construction, location, use and operation of all land and structures included within such plans to all conditions and limitations set forth in such plans; provided, however, that upon application to and approval by the planning services division minor changes may be permitted if such minor changes will not cause any of the following to occur:

         a.   A change in the character of the development.

         b.   An increase in the ratio of the gross floor area in structures to the lot area.

         c.   An increase in the intensity of use.

         d.   A reduction in the originally approved separations between buildings.

         e.   An increase of the problems of circulation, safety and utilities.

         f.   Any detrimental effects on adjacent property.

         g.   A reduction in the originally approved setbacks from property lines.

         h.   An increase in ground coverage by structures.

         i.   A reduction in the ratio of off street parking and loading space to gross floor area in the structures.

         j.   A change in the subject, size, lighting, or orientation of originally approved signs.

      7.   After city council's approval of the final development plans, the applicant shall have eighteen (18) months to obtain a building permit and start construction. If more than eighteen (18) months' time elapses after final plan approval and construction has not begun, the planning services division shall notify the city council. However, an extension to this time limit may be granted by the city council if good cause can be shown by the applicant. If such extension is not granted, the planning services division shall begin proceedings to have the land rezoned to its previous zoning district designation.

      8.   Any alterations or additions to recorded final plans, other than as subject to the conditions provided in subsection B6 of this section, shall require approval in the same manner as final plans as provided in this title.

   C.   Procedures For Additions Or Alterations: Procedures for additions or alterations to commercial developments which may exist on the effective date hereof and are included in a BPL district.

      1.   If such developments were previously approved, the plans and agreements so approved shall be considered final plans meeting the requirements of this title and such developments shall conform to said previously approved plans. Any alterations or additions to said plans shall require approval in the same manner as final plans as provided in this title.

      2.   If no previously approved plan exists for such existing developments on the effective date hereof, a final plan shall be approved as provided in this title before any alterations or additions to the development may be made. (Ord. 2013-20)

This district is established to provide areas for wholesale trade and retail trade uses which may require outdoor storage of merchandise. Many service uses are also permitted. This district provides a suitable transition from other commercial districts to industrial districts. It is intended that all uses, including accessory uses, in this district provide appropriate amounts of off street parking and loading facilities. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the BWA column on the use table in section 15.2.29 of this chapter shall be allowed in the BWA wholesale and automotive district. (Ord. 2013-31)

Accessory uses and structures customarily incidental to principal uses and structures. See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the BWA column on the use table in section 15.2.29 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

Seven thousand five hundred (7,500) square feet. (Ord. 2013-20)

Seventy feet (70'). (Ord. 2013-20)

None. (Ord. 2013-20)

None required; however, this provision shall not be construed to eliminate any required off street loading areas. (Ord. 2013-20)

None required; however, this provision shall not be construed to eliminate any required off street loading areas. (Ord. 2013-20)

Thirty five feet (35'). (Ord. 2013-20)

As required in section 15.4.8 of this title. (Ord. 2013-20)

All open storage shall be kept in a neat and orderly manner and shall not exceed twenty feet (20') in height. Where a use abuts a residential district and is not separated from said residential district by a public street, open storage shall be screened from view by a planting screen of at least six feet (6') in height. (Ord. 2013-20)

This district is the location of the most valuable land in the community, and, in its establishment, the aims are to protect the community created values by encouraging uses serving, primarily, pedestrian oriented traffic; encouraging and preserving the traditional streetscape; discouraging uses requiring large areas of land in proportion to pedestrian traffic generated; and encouraging intensive use of the land. Uses permitted in this district include establishments dealing predominantly in retail trade, public and private offices, and personal and business services. It is intended that off street parking needs in this district be met with public or commercially operated parking lots instead of by the individual establishments in order that the land be more efficiently used and traffic be more easily controlled. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the BPR column on the use table in section 15.2.29 of this chapter shall be allowed in the BPR primary business district. (Ord. 2013-20)

Only those accessory uses and structures customarily incidental to principal uses and structures, including, but not limited to:

   A.   Offices in conjunction with and subsidiary to principal use.

   B.   Sale of gasoline and oil at retail only in conjunction with and subsidiary to a commercial parking garage.

   C.   Warehousing and enclosed storage in conjunction with and subsidiary to a principal use; but not including drive-in facilities.

   D.   Accessory structures are not permitted in this district.

   E.   No areas for outdoor storage, trash collection or compaction, loading, HVAC equipment or similar uses shall be located within twenty five feet (25') of any public street, public sidewalk, or property zoned R-1 or R-2. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the BPR column on the use table in section 15.2.29 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control.

   C.   Any drive-in or drive-through facility accessory to a permitted use shall be considered a special use and subject to the provisions of subsection 15.3.3.1K of this title. (Ord. 2013-20)

None. (Ord. 2013-20)

None required, however, at least seventy percent (70%) of the front of the building shall be constructed to a point not to exceed five feet (5') from the front lot line. The remainder of the front yard shall be limited to courtyard and/or pedestrian common areas including, but not limited to: benches, bike racks, outdoor cafes, decorative planters, public art, etc. Adequate site distance shall be provided at all points of ingress and egress. (Ord. 2017-17)

None; however, this provision shall not be construed to eliminate any required off street loading. (Ord. 2017-17)

None; however, this provision shall not be construed to eliminate any required off street loading. (Ord. 2017-17)

See section 15.4.7.2 of this title for additional design standards that apply to buildings in this district. (Ord. 2017-17)

In the BPR district, no permitted principal use shall be required to provide off street parking. Such parking may be provided at the option of the owner. Parking is limited to the side and rear of the structure. If parking is adjacent to a public right of way, a ten foot (10') natural buffer shall be provided. One tree shall be planted within this natural buffer every fifteen feet (15'). The additional trees shall be in addition to any trees required based on the number of parking spaces. (Ord. 2017-17)

As required in section 15.4.8 of this title. (Ord. 2017-17)

One family per dwelling unit plus one person; or two (2) persons for the first three hundred (300) square feet of floor area plus one person for each additional two hundred fifty (250) square feet of floor area. (Ord. 2017-17)

This district is established to provide space for certain types of industrial and/or manufacturing and/or warehousing or storage operations which are compatible with adjoining districts. Such uses generally require open storage of materials, goods, or equipment before, during, or after the manufacturing process, but are of a low noise or nuisance level. Land designated for this district should be located in relation to the thoroughfare network of the community, as well as rail and air, if required, so as not to disrupt normal traffic flow. (Ord. 2017-17)

Principal uses and structures shown with a "P" (for "permitted") in the LI column on the use table in section 15.2.29 of this chapter shall be allowed in the LI light industrial district. (Ord. 2017-17)

Only those accessory uses and structures customarily incidental to principal uses and structures, including, but not limited to:

Offices.

Waste treatment facilities.

Wholesale trade of products produced on the premises.

See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2017-17)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the LI column on the use table in section 15.2.29 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

None. (Ord. 2013-20)

One hundred twenty feet (120'). (Ord. 2013-20)

Twenty feet (20'). (Ord. 2013-20)

Twenty feet (20'). (Ord. 2013-20)

Twelve feet (12'). (Ord. 2013-20)

Thirty five feet (35'). (Ord. 2013-20)

As required in section 15.4.8 of this title. (Ord. 2013-20)

Any use hereafter established in the LI light industrial district shall conform to the following performance standards. Prior to an issuance of a building permit for new construction within this district or the issuance of a certificate of occupancy use for any use in this district, evidence that the proposed use, as planned or built will conform to these performance standards, shall be presented to the administrative official.

   A.   Smoke: No light industrial use may emit more than ten (10) smoke units per hour per stack or smoke in excess of Ringelmann no. 2. However, once during any twenty four (24) hour period, for soot blowing, process purging, and fire cleaning, each stack may emit an additional ten (10) smoke units, and during that time it may emit smoke up to and including Ringelmann no. 3.

Note: The term "Ringelmann number" means the number of the area on the Ringelmann chart that most nearly matches the light obscuring capacity of smoke. The Ringelmann chart is described in the U.S. bureau of mines information circular 8333, on which are illustrated graduated shades of gray for use in estimating smoke density. Smoke below the density of Ringelmann no. 1 shall be considered as no smoke or Ringelmann no. 0; and "smoke unit" means the number obtained when the smoke density in Ringelmann numbers is multiplied by the time of emission in minutes. For the purposes of this calculation, a Ringelmann density reading shall be made at least once a minute during the period of observation. Each reading shall then be multiplied by the time in minutes during which it is observed. The products so computed shall then be added to give the total number of smoke units observed during the entire observation period.

   B.   Odor: No light industrial use may release an odor that is either noxious or unreasonably disturbing.

   C.   Toxic Materials: For a light industrial use, the emission of toxic and noxious materials may not produce any concentration at a residence or business district boundary line exceeding three percent (3%) of the threshold limit values for toxic materials in industry as set forth in "threshold limit values" for the current year, as adopted at the annual meeting of the American Conference Of Governmental Industrial Hygienists.

   D.   Glare And Heat: No light industrial use may cause heat at the lot line so intense as to be a public nuisance or hazard. No such use may cause illumination at or beyond any residence district boundary in excess of one-tenth (1/10) foot-candle.

Note: The term "foot-candle" means a unit of illumination equal to the illumination at all points that are one foot (1') from a uniform point source of one candlepower.

   E.   Particulate Matter: The term "particulate matter" means divided liquid or solid material that is discharged and carried along in the air.

      1.   The rate of emission of particulate matter from all sources within the boundaries of any lot may not exceed a net figure of one pound per hour per acre for a light industrial use, of which no more than ten percent (10%) by weight may be particles larger than forty four (44) microns (325 mesh). The net rate of emission shall be computed by:

         a.   Determining the maximum emission in pounds per hour from each source of emission within the boundaries of the lot and dividing this figure by the number of acres of lot area, thus obtaining the gross hourly emission rate per acre for each source;

         b.   Deducting from that gross rate the appropriate correction factors for height of emission and stack velocity as respectively specified in subsections E2 and E3 of this section, thus obtaining the net hourly emission rate per acre from each source; and

         c.   Adding the individual rates of emission so computed to obtain the total net hourly emission rate per hour from all sources within the boundaries of the lot.

      2.   The allowance for height of emission is as follows (interpolate for intermediate values):

            MAXIMUM HEIGHT FOR PARTICULATE MATTER EMISSION

 

      3.   The allowance for velocity of emission is as follows (interpolate for intermediate values):

            ALLOWANCE FOR VELOCITY OF PARTICULATE MATTER EMISSION

 

 

      4.   Dust and other kinds of air pollution that are borne by wind from such sources within lot boundaries as storage areas, yards, and roads shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing, or other means.

   F.   Vibration:

      1.   No light industrial use may cause, at the lot line, continuous earthborn vibrations higher than the limits set forth in column I of the following table. Nor may it cause, at any residence district boundary, continuous earthborn vibrations higher than the limits set forth in column II of the following table.

            MAXIMUM VIBRATION

 

Note: The term "displacement" means the maximum amount of motion in any direction as determined by any three-component (simultaneous) measuring system approved by the administrative official; and "three-component measuring system" means instrumentation that can measure earthborn vibrations in a horizontal as well as a vertical plan.

      2.   Discrete pulses that do not exceed one hundred (100) impulses per minute may not produce higher than twice the displacement specified in the table.

   G.   Noise: The noise standards established in title 4, chapter 6 of this code shall be the noise standards for light industrial purposes.

   H.   Fire Hazards: Solid substances ranging from free or active burning to intense burning may be stored, used, or manufactured only within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system. The storage, utilization, or manufacture of flammable liquids or materials which produce flammable vapors or gases shall be permitted in accordance with the rules and regulations of the state fire marshal. A certificate of compliance, issued by the state fire marshal's office, stating that the plan and specifications for a light or general industrial use comply with the rules and regulations of the state fire marshal shall accompany the application for a zoning certificate.

   I.   Detonation Materials: No activity involving the storage or use of materials that decompose by detonation may be carried on except in accordance with the rules issued by the state fire marshal. No activity involving the manufacturing of materials that decompose by detonation may be carried on in this district. Materials that decompose by detonation include primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and their components, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds, such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than thirty five percent (35%); and nuclear fuels, fissionable materials and products, and reactor elements such as uranium 235 and plutonium 239.

   J.   Exceptions: These performance standards do not apply to:

      1.   Site preparation or construction maintenance, repair, alteration or improvement of buildings, structures, equipment, or other improvements on or within the lot line;

      2.   Conditions beyond the control of the user such as fire, explosion, accident, failure or breakdown;

      3.   Safety or emergency warning signals or alarms necessary for the protection of life, limb, or property.

   K.   Open Storage: Open storage of materials shall be kept in a neat and orderly manner. Open storage shall not exceed fifteen feet (15') in height. All the open storage areas shall be screened from public view by a fence of at least six feet (6') in height. All open storage areas shall be paved with a dust free surface. (Ord. 2013-20)

This district is established to provide areas for industrial and/or manufacturing and/or warehouse or storage operations which may require buildings and/or open area for fabricating, processing, repairing, dismantling or disposal of equipment, raw materials, manufactured products or wastes. Land designated for this district should be located in relation to the thoroughfare network of the community, as well as rail and air if required, so as to not disrupt normal traffic flow. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the GI column on the use table in section 15.2.29 of this chapter shall be allowed in the GI general industrial district. (Ord. 2013-20)

Only those accessory uses and structures customarily incidental to principal uses and structures, including, but not limited to:

Offices.

Waste treatment facilities.

Wholesale trade of products produced on the premises.

See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the GI column on the use table in section 15.2.29 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control. (Ord. 2013-20)

None. (Ord. 2013-20)

One hundred twenty feet (120'). (Ord. 2013-20)

Twenty feet (20'). (Ord. 2013-20)

Twenty feet (20'). (Ord. 2013-20)

Twenty feet (20'). (Ord. 2013-20)

None. (Ord. 2013-20)

As required in section 15.4.8 of this title. (Ord. 2013-20)

Any use thereafter established in the GI general industrial district shall conform to the following performance standards. Prior to the issuance of a building permit for new construction within this district or the issuance of a certificate of occupancy use for any use in this district, evidence that the proposed use, as planned or built will conform to these performance standards, shall be presented to the administrative official. The performance standards for the GI district shall be the same as for the LI district as provided in section 15.2.24.12 of this chapter, except as follows:

   A.   Detonation Materials: No activity involving the storage, use, or manufacturing of materials that decompose by detonation may be carried on except in accordance with the rules issued by the state fire marshal. These materials include primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; high explosives such as TNT, RDX, HMC, PETN, and picric acid; propellants and their components, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks, such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerin; unstable organic compounds, such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than thirty five percent (35%); and nuclear fuels, fissionable materials and products, and reactor elements such as uranium 235 and plutonium 239. (Ord. 2013-20)

This district is created to delineate areas subject to the control of Southern Illinois University. The lands, buildings, and uses thereof are subject to requirements of the state of Illinois. (Ord. 2013-20)

Any uses and structures ordinarily connected with the operation of a university. There are no standards for minimum lot dimensions and minimum lot depth for permitted uses in this district. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit a special use on any land zoned SIU on the official zoning map which is not owned by Southern Illinois University. A special use shall be triggered in the event of a change of use of land, use of structure, or use of land and structure in combination.

   B.   The lot area, lot width, yards and height limitations of this district shall be determined as part of the special use approval process.

   C.   Special uses as set forth in section 15.3.3.1 of this title and the additional design or performance standards shall be applied to any approved special use within this district. (Ord. 2013-20)

This district is created to allow for the planned and flexible development of property owned and maintained by the Southern Illinois Airport Authority and Southern Illinois University. It is intended that a buffer be provided around the perimeter of the airport district to lessen the impact of development on surrounding property owners. The airport land use plan for Southern Illinois Airport approved at the time the property is zoned PAD planned airport district, shall be adopted as the development plan for the district. Any land designated for this use shall have a minimum of five hundred (500) contiguous acres. (Ord. 2013-20)

Principal uses and structures shown with a "P" (for "permitted") in the PAD column on the use table in section 15.2.29 of this chapter shall be allowed in the planned airport district. (Ord. 2013-20)

Only those accessory uses and structures customarily incidental to principal uses and structures, including, but not limited to:

Artificial lakes.

Market facilities for sale of products grown on the premises.

Open storage of equipment, but not junkyards, in accordance with performance measures.

Water treatment and sewage disposal facilities; public.

See section 15.3.4.1 of this title for standards for accessory structures. (Ord. 2013-20)

   A.   After a public hearing before the planning commission, the city council may permit as special uses any of the uses shown with an "S" (for "special use") in the PAD column on the use table in section 15.2.29 of this chapter.

   B.   Some special uses are subject to additional design or performance standards, as set forth in section 15.3.3.1 of this title; the existence of such standards for a particular use in a particular district is generally indicated through a note on the use table, but in case of any conflict, the provisions of section 15.3.3.1 of this title shall control.

   C.   Any land zoned PAD on the official zoning map of the city which is not owned by Southern Illinois Airport Authority nor owned by or leased to Southern Illinois University shall be treated as a special use in the event a change of use of land, use of structure, or use of land and structure in combination is applied for. (Ord. 2013-20)

None. (Ord. 2013-20)

As set forth in airport hazard zoning regulations adopted by the division of aeronautics on April 28, 1976, and as hereafter amended. (Ord. 2013-20)

One family per dwelling unit plus one person; or two (2) persons for the first three hundred (300) square feet of floor area plus one person for each additional two hundred fifty (250) square feet of floor area. (Ord. 2013-20)

For purposes of these PAD planned airport district regulations, an airport use may be situated at any location within the planned airport district, whether or not within any building site area designated on the airport land use plan. An "airport use" is hereby defined to mean any one of the following:

   A.   Airfield components including runways, taxiways, ramps, aprons, related site improvements, lighting systems, navigational aids and weather systems; aircraft hangars; aircraft fueling stations; airport administrative and maintenance buildings; airport utility systems; parking and roadway systems; fencing, gates and overhead lighting systems; or any use mandated by the federal aviation administration or the division of aeronautics. (Ord. 2013-20)

Any use hereafter established in the planned airport district shall conform to the following performance standards prior to the issuance of a zoning certificate. Evidence that the proposed use, as planned or built will conform to these performance standards, shall be presented to the administrative official.

   A.   All uses, other than "airport uses" as defined in section 15.2.27.8 of this chapter, shall maintain a sixty foot (60') setback from any adjoining district. The setback area shall be maintained as open space/greenways, parking lots or in agricultural crops, except that for industrial uses the setback area shall include a landscaped berm at least eight feet (8') in height.

   B.   The minimum setback between a residential structure and any other principal structure shall be at least twenty feet (20').

   C.   All uses must comply with the performance standards as required in section 15.2.24.12 of this chapter, except for subsection 15.2.24.12K of this chapter.

   D.   Miniwarehouses as permitted shall meet the following requirements in addition to any other requirements established by this chapter:

      1.   Storage of explosives or radioactive materials is prohibited.

   E.   Open storage of materials shall be kept in a neat and orderly manner. Open storage shall not exceed twenty feet (20') in height. Where an open storage use is within two hundred fifty feet (250') of a residential district, the storage area shall be screened from public view by a fence or planting screen of at least six feet (6') in height. All open storage areas shall be paved with a dust free surface. Open storage, other than display of items for sale, is not permitted in conjunction with retail, wholesale and warehousing uses.

   F.   Day care centers, including child care centers, shall provide adequate screening and/or fencing and be designated to be compatible with permitted uses and be subject to all state licensing and fire regulations.

   G.   All utilities shall be underground except electrical transmission lines and water storage facilities. (Ord. 2013-20)

   A.   The airport land use plan for the Southern Illinois Airport approved at the time the property is zoned PAD shall serve as the development plan. The plan shall delineate building site areas. Structures within the district, other than "airport uses" as defined in subsection H of this section, shall be constructed only within areas delineated on the airport land use plan as building sites.

   B.   In the event construction, alteration, or moving of structures or use of land is to occur within the PAD which is an "airport use" as defined herein, or a use or structure connected with the operation of Southern Illinois University, the airport authority or Southern Illinois University, as the case may be, shall give written notification to the city which briefly describes the use or structure, accompanied by a copy of the airport layout plan of the airport authority as submitted to the federal aviation administration, which shall be marked so as to delineate the location and size of such use or structure. The city shall expeditiously indicate its receipt of such notification by issuance of a zoning certificate for such purpose.

   C.   In the event construction, alteration, or moving of structures or use of land is to occur within the PAD which is not an "airport use" as defined herein, nor a use or structure connected with the operation of Southern Illinois University, a zoning certificate shall be obtained from the city prior to construction which will certify that the use or structure is consistent with the development plan.

   D.   Neither a site plan nor a building permit application shall be required of the airport authority or Southern Illinois University, nor shall a building permit be required of either, for any development in the PAD unless the PAD is in the corporate limits of the city. (Ord. 2013-20)

If the airport authority desires to amend the development plan, then an amended plan must be approved by the city council. Approval of amendments to the development plan requires the following:

   A.   Planning Commission Review: The following is required in order to amend the planned airport district development plan:

      1.   An amendment to the airport district development plan may be permitted by the city council only after a public hearing by the planning commission. The Southern Illinois airport authority shall present plans and related information in general detail to enable the planning commission to evaluate the proposed amendment to the airport's development plan. Such plans shall be in accordance with this section, and shall be of a general nature utilizing the airport land use plan with requested changes demonstrated thereon as to building sites and nonbuilding areas, incorporating therein the setbacks required by this section. (Ord. 2013-20)

      2.   A date for a public hearing shall not be set until all of the above required information has been presented to the administrative official, and upon receipt of same, the administrative official shall schedule a public hearing before the planning commission in accordance with section 15.6.8 of this title.

      3.   The planning commission shall conduct a public hearing and thereafter make a recommendation to the city council on the appropriateness of the location for each new or altered building site and for denial or approval of the amended development plan.

   B.   City Council Review: The city council shall deny or approve the amended development plan within forty five (45) days after the planning commission public hearing. If approved, the amended development plan shall serve as the development plan for the PAD planned airport district, and all proposed development must be consistent with the plan prior to the issuance of any zoning certificate by the city. (Ord. 2014-48)

   City of Carbondale15.2.28:    PERMITTED AND SPECIAL USES, RESIDENTIAL AND RURAL DISTRICTS:

   RESIDENTIAL DISTRICTS USE TABLE