In order to carry out the purpose and intent of this title, the incorporated area of the city is hereby divided into the following zoning districts:

 

(Ord. 09-O-60, 12-1-2009)

   A.   Maps Included By Reference:

      1.   Official Zoning Map:

         a.   With the exception of the airport overlay district discussed in subsection A2 of this section, the boundaries of districts are indicated upon the official zoning map of the city, which map is made a part of this title by reference. The official zoning map and all the notations, references and other matters shown on the map shall be as much a part of this title as if the notations, references and other matters set forth by said map were all fully described herein. The official zoning map shall be on file in the office of the city building official and shall bear the signature of the mayor attested by the city clerk, under the certification that it is the official zoning map of the unified development code.

         b.   The city council may, from time to time, adopt a new official zoning map which shall supersede the prior official zoning map, in the event that the official zoning map becomes damaged or destroyed, or for purposes of clarity due to a number of boundary changes, or to correct drafting errors or omissions; provided, however, that any such adoption shall not have the effect of amending the original unified development code or any subsequent amendment thereof.

      2.   Airport Overlay Map: The boundaries of the airport overlay district shall be the same as shown on the airport height zoning map. This map is hereby adopted by reference as the official airport overlay map. The map shall have the same force and effect as if it were fully set forth and described herein. The map is available for review in the office of the Community Development Department.

      3.   University Influence Area: The boundaries of the university influence area, as defined in the comprehensive plan, are hereby incorporated by reference, may be modified by ordinance from time to time and shall be added to the official zoning map.

   B.   Maintenance Of Zoning Map: If, in accordance with the provisions of this title, changes are made in the district boundaries or other matters portrayed on the official zoning map, the ordinance number and the date of each change shall be recorded by the city clerk on the official zoning map.

   C.   Interpretation Of Zoning Map:

      1.   Boundaries indicated as approximately following the centerlines of streets, highways, alleys or other public rights of way shall be construed to follow the centerlines.

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

      3.   Boundaries indicated as approximately following section lines, quarter lines, quarter section lines, or quarter-quarter section lines shall be construed as following the lines.

      4.   Boundaries indicated as approximately following corporate limits shall be construed as following corporate limits.

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

      6.   Boundaries indicated as approximately following the centerlines of rivers, streams, creeks or other waterways shall be construed to follow the centerlines.

      7.   Boundaries not capable of being determined in subsections C1 through C6 of this section shall be as dimensioned on the official zoning map or if not dimensioned, shall be determined by the scale shown on the map.

   D.      Relationship Between Zoning Districts And Future Land Use Categories: The adopted future land use classification map shall guide determination of appropriate zoning. Table 5-1 below shows the correlation between future land use categories and zoning districts. Where multiple districts may apply to a future land use category, appropriate zoning shall be based on compatibility with existing and planned land uses and public facilities. The planned unit development (PUD) district is the appropriate district for mixed use development. The PUD district, the airport overlay district and the university influence area may be applicable to any future land use category. (Ord. 03-O-9, 3-18-2003)

 

(Ord. 03-O-9, 3-18-2003; amd. 2006 Code; Ord. 2025-O-5, 2-18-2025)

   A.   Interpretation Of Matrices:

      1.   Use Categories And Specific Uses: Use categories listed in the first column of tables 5-2 and 5-3 of this section are defined in section 10-2-3 of this title. Specific uses are listed in the second column of the tables. If a specific use is listed in the tables, that use is allowed only within the districts indicated, not within the districts that allow the broader use category.

      2.   Permitted Uses: A "P" indicates that the listed use is allowed by right within the respective zoning district. Permitted uses are subject to all other applicable standards of this title.

      3.   Conditional Uses: A "C" indicates that the listed use is allowed within the respective zoning district only after review and approval of a conditional use permit, in accordance with the review procedures of subsection 10-4-3D of this title. Conditional uses are subject to all other applicable standards of this title.

         4.   Prohibited Uses: A "-" indicates that the listed use type is not allowed within the respective zoning district, unless it is otherwise expressly allowed by other regulations of this title. Unlisted uses are prohibited and the listing of a use as “prohibited” or “not allowed” in this section shall not be construed to permit unlisted uses by inference.

   B.   Residential Land Use Matrix: Table 5-2 of this section lists the principal uses allowed within residential zoning districts and uses permitted by conditional use permit in accordance with subsection 10-4-3D of this title.

(Ord. 03-O-9, 3-18-2003; amd. 2006 Code; Ord. 10-O-5, 3-16-2010; Ord. 11-O-44, 10-18-2011; Ord. 15-O-16, 5-5-2015; Ord. 18-O-4, 2-6-2018)

   C.   Nonresidential Land Use Matrix: Table 5-3 of this section lists the principal uses allowed within nonresidential zoning districts and uses permitted by conditional use permit in accordance with subsection 10-4-3D of this title.

   D.   Uses Not Provided For In Zoning Districts: In the case where a use is not specifically listed under any of the permitted, conditional, accessory or temporary uses in the district regulations, the building official shall determine the appropriate district or districts where such use shall be allowed based on a comparison of other uses which most closely resemble the unlisted use.

This section 10-5-4 is made in accordance with the adopted Comprehensive Plan for the City. The City is zoned in districts that are established to achieve the purposes set forth in each district's purpose and the general purposes established in chapter 1 of this title. (Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The purpose of the A Agricultural District is to provide for agricultural activities, for protection of resources such as forested areas, waterways and areas of unusual scenic value, and at the same time, to provide for rural residences on large lots for those who choose a rural environment and to prevent the untimely scattering of more dense urban uses which should be confined to areas planned for efficient extension of public services.

   B.   Authorized Uses: Section 10-5-3, table 5-2 of this chapter lists the uses authorized in the A District.

   C.   Density And Dimensional Standards: Development shall conform to the density and dimensional standards established in section 10-8-1, table 8-1 of this title.

   D.   Performance Standards: Development shall conform to the standards established in this title. The Public Works Director may require centralized water and wastewater provisions based upon lot size, environmental conditions or proximity to existing or planned utilities. (Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The RE Residential Estate District is intended for low density residential living in rural character subdivisions.

   B.   Authorized Uses: Table 5-2 (subsection 10-5-3C of this chapter) lists the uses authorized in the RE district.

   C.   Density And Dimensional Standards: Development shall conform to the density and dimensional standards established in table 8-1 (subsection 10-8-1C of this title).

   D.   Performance Standards: Development shall conform to the standards established in chapter 8 of this title.

   E.   Cluster Development: Cluster development, as described in section 10-8-3 of this title, may be allowed subject to the following conditions:

      1.   The density, including existing dwelling units, as determined under chapter 8 of this title, shall not exceed the maximum zoned densities by more than one hundred twenty percent (120%). There shall be no more than twenty (20) dwelling units per cluster.

      2.   No minimum or maximum lot size requirement applies; provided, that land area requirements for water supply and sewage disposal systems are met.

      3.   Clustered dwelling units shall have access from an all weather surfaced road or highway.

      4.   An application shall be accompanied by a subdivision map depicting each lot to be developed for clustered dwelling units.

   F.   Figure:

(Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The purpose of the R-1 single-family residence district is to provide for conventional detached single-family residential development on moderate sized lots where water and sewer facilities are provided. The R-1 district is intended for application to areas where urbanization and full utilities and public services exist or are planned in the reasonably near future.

   B.   Authorized Uses: Table 5-2 (subsection 10-5-3A of this chapter) lists the uses authorized in the R-1 district.

   C.   Density And Dimensional Standards: Development shall conform to the density and dimensional standards established in table 8-1 (subsection 10-8-1C of this title).

   D.   Performance Standards: All residences shall be limited to occupancy by a single "family", as defined in section 10-2-3 of this title.

   E.   Figure:

(Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The purpose of the R-2 and R-2U two-family duplex dwelling districts is to provide for a mix of single-family and duplex residential development on small lots where water and sewer services are provided. The R-2 and R-2U districts are intended for areas designated "210" (medium density residential attached). These districts should serve as a transition between R-1 districts and more intensive development. The R-2U district is intended to apply in the university influence area designated in the comprehensive plan. Higher occupancy rates are allowed and more stringent parking standards are required in the R-2U district than in the R-2 district due to the influence of the university.

   B.   Authorized Uses: Table 5-2 (subsection 10-5-3B of this chapter) lists the uses authorized in the R-2 and R-2U districts.

   C.   Density And Dimensional Standards: Development shall conform to the density and dimensional standards established in table 8-1 (subsection 10-8-1C of this title).

   D.   Performance Standards:

      1.   All residences in the R-2 district shall be limited to occupancy by a single "family", as defined in section 10-2-3 of this title.

      2.   In the R-2U district, dwelling units may be occupied by up to five (5) people, regardless of relationship, but not more than two (2) residents per bedroom.

   E.   Figure:

(Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The purpose of the R-3 and R-3U limited multi-family residential districts is to provide land areas for the development of a mix of different moderate density residential unit types which may serve as a transition between less intensive residential areas and commercial or university influence areas. The R-3U district is intended to apply in the university influence area designated in the comprehensive plan. More stringent parking standards are required in the R-3U district than in the R-3 district due to the influence of the university.

   B.   Authorized Uses: Table 5-2 (subsection 10-5-3B of this chapter) lists the uses authorized in the R-3 and R-3U districts.

   C.   Density And Dimensional Standards: Development shall conform to the density and dimensional standards established in table 8-1 (subsection 10-8-1C of this title).

   D.   Performance Standards:

      1.   Multi-family development shall comply with the standards established in subsection 10-8-1B9 of this title.

      2.   More stringent parking standards are applicable in the university influence area pursuant to section 10-8-4 of this title. (Ord. 03-O-9, 3-18-2003)

      3.   In the R-3 and R-3U district, single-family and multi-family dwelling units may be occupied by not more than two (2) residents per bedroom. (Ord. 03-O-9, 3-18-2003; amd. Ord. 07-O-16, 4-3-2007)

   E.   Figure:

(Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The purpose of the R-4 and R-4U multi-family residential districts is to provide areas for high density multi- family development that has convenient access to activity centers and major roadways. The density permitted in the R-4 and R-4U districts is intended to provide for the inclusion of adequate open space areas for residents. Greater densities or heights may be authorized for these districts through the creation of a planned unit development district. The R-4U district is intended to apply in the university influence area designated in the comprehensive plan. More stringent parking standards are required in the R-4U district than in the R-4 district due to the influence of the university.

   B.   Authorized Uses: Table 5-2 (subsection 10-5-3B of this chapter) lists the uses authorized in the R-4 and R-4U districts.

   C.   Density And Dimensional Standards: Development shall conform to the density and dimensional standards established in table 8-1 (subsection 10-8-1C of this title).

   D.   Performance Standards:

      1.   Multi-family development shall comply with the standards established in subsection 10-8-1B9 of this title.

      2.   More stringent parking standards are applicable in the university influence area pursuant to section 10-8-4 of this title.

      3.   In the R-4U district, single-family and multi-family dwelling units may be occupied by not more than two (2) residents per bedroom.

   E.   Figure:

(Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The purpose of the C-1 neighborhood service commercial district is to provide for limited shopping and personal service uses to serve the needs of surrounding nearby neighborhood.

   B.   Authorized Uses: Table 5-3 (subsection 10-5-3C of this chapter) lists the uses authorized in the C-1 district.

   C.   Dimensional Standards: Development shall conform to the dimensional standards established in table 8-1 (subsection 10-8-1C of this title).

   D.   Performance Standards: Development shall conform to the following performance standards in addition to the other provisions of this title:

      1.   A C-1 district shall be no greater than five (5) acres, nor less than one acre in size, unless the city council finds that the proposed uses may be established compatibly with adjacent neighborhoods.

      2.   The maximum building area within a C-1 district is ten thousand (10,000) square feet.

      3.   No service use shall employ more than five (5) persons in a single shift on the premises, not including employees whose principal duties are off the premises or temporary seasonal employees.

      4.   Parking spaces may be reduced by up to fifteen percent (15%) for retail and service uses in the C-1 district.

      5.   Outdoor storage, display or operation is prohibited.

      6.   Businesses shall not operate between the hours of eleven o'clock (11:00) P.M. and seven o'clock (7:00) A.M. unless authorized through a conditional use permit. (Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The purpose of the C-2 general commercial district is to provide sufficient space in appropriate locations for a wide variety of commercial activities generally serving a wide area and located particularly along certain existing major thoroughfares where a general mixture of commercial and service activity now exists.

   B.   Authorized Uses: Table 5-3 (subsection 10-5-3C of this chapter) lists the uses authorized in the C-2 district.

   C.   Dimensional Standards: Development shall conform to the dimensional standards established in table 8-1 (subsection 10-8-1C of this title).

   D.   Performance Standards: Development shall conform to the following performance standards in addition to the other provisions of this title:

      1.   All service recreation and entertainment uses, along with all drive-in or drive-through appurtenances, shall be located a minimum of one hundred feet (100') from any R-1 district.

      2.   Outdoor displays shall be limited to vehicles and temporary sales. All vehicles for sale shall be less than twelve thousand (12,000) pounds' gross weight.

      3.   All car storage lots shall be screened from any R district.

      4.   Outdoor storage, display and operations shall be screened from adjacent R districts. Outdoor storage and operations areas, but not sales display areas, shall be screened from view from abutting street rights of way.

      5.   Big box stores, and other buildings greater than fifty thousand (50,000) square feet, shall be authorized only subject to a conditional use permit. The board and council shall consider the following standards, in addition to those established in subsection 10-4-3E of this title:

         a.   Parking lots for more than one hundred (100) vehicles shall be split up so that seasonal and overflow parking areas are located to the side of the building.

         b.   Landscaping shall be incorporated throughout the site with appropriately scaled plantings that will create a natural transition between the large and small buildings.

         c.   At least ten percent (10%) of the parking lot shall be landscaped with additional accent plantings placed throughout the pedestrian areas abutting the building facades. Landscaping shall be done in conformance with chapter 8 of this title.

         d.   Outdoor storage areas, loading areas and trash receptacles shall be located behind the buildings, but shall not be located within the access drives or circulation paths. All such areas shall be screened from view of any residential district or use, highways and arterials. Screening shall be done in conformance with chapter 8 of this title.

         e.   Mechanical and electrical equipment shall be located within the structure when possible. External equipment shall be screened or finished to match the colors of adjacent building materials. (Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The purpose of the C-3 central business district is to provide opportunity for a broad spectrum of commercial uses (particularly retail, service and office uses) with second floor residential uses that promote a vibrant, pedestrian oriented business area. To promote walkability, parking requirements are minimal and standards include maximum building setbacks (build-to lines).

   B.   Authorized Uses: Table 5-3 (subsection 10-5-3C of this chapter) lists the uses authorized in the C-3 district.

   C.   Dimensional Standards: Development shall conform to the intensity and dimensional standards established in table 8-1 (subsection 10-8-1C of this title).

   D.   Performance Standards: Development shall conform to the standards established in chapter 8 of this title. (Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The purpose of I-1 light industrial district is to provide for heavy commercial and light industrial uses with minimal outdoor operations.

   B.   Authorized Uses: Table 5-3 (subsection 10-5-3C of this chapter) lists the uses authorized in the I-1 district.

   C.   Intensity And Dimensional Standards: Development shall conform to the intensity and dimensional standards established in table 8-1 (10-8-1C of this title).

   D.   Performance Standards: Development shall conform to the standards established in chapter 8 of this title. The following additional performance standards are applicable to the I-1 district:

      1.   I-1 districts shall be located adjacent to arterials and highways.

      2.   All buildings and outdoor operating areas shall be set back a minimum of fifty feet (50') from the property line of any residentially zoned property; except, that the community development director, or their designee, may authorize a reduction in the width of the setback where a type E buffer yard is provided pursuant to section 10-8-5 of this title.

      3.   Outside storage of materials, products or equipment shall be limited to areas of the side and rear yards and shall be screened from abutting streets, R districts and C districts.

      4.   Loading docks shall be located in the side or rear yards; provided, that any loading area facing a street shall be screened in accordance with chapter 8 of this title.

      5.   Any use located within an I-1 district shall operate only in accordance with the following minimum standards regarding vibration, smoke, odor, noise, glare, wastes, fire hazards and hazardous materials. Conditional uses located within the I-1 district may have higher standards of performance placed upon them through the approval process.

         a.   Vibration: No activity or operation shall cause, at any time, vibration of the earth perceptible without instruments; except, that vibration caused by blasting may be conducted in accordance with requirements of the fire department.

         b.   Smoke, Particulate Matter And Gases: All activities and operations shall comply with the adopted air quality regulations of the Illinois division of environmental protection, Illinois department of health and the United States environmental protection agency.

         c.   Odor: Noxious or toxic odors discharged by the activity or operation shall not be detectable beyond the property line of the lot on which it is located.

         d.   Noise: No noise shall be emitted beyond the property line or zoning district boundary line. At no time shall the volume of sound continuously or recurrently generate more sound than sixty five (65) dB measured at the property line or zoning district boundary line or as otherwise regulated.

         e.   Glare: Glare from spotlights or high temperature processes, whether direct or reflected, shall not be visible beyond the property line on which the activity or operation is located.

         f.   Solid And Liquid Waste: All solid waste, debris and garbage shall be contained within an approved, closed and screened dumpster(s), refuse bin(s) and/or trash compactor(s) until removed from the site. Exterior incineration of trash or garbage shall not be permitted 1 . Sewage and liquid wastes shall be discharged only in full compliance with applicable county, state and federal laws.

         g.   Fire Hazards: Activities or operations within the I-1 district shall be operated in conformance with the requirements of the fire department and any applicable state regulations.

         h.   Hazardous Materials: Activities or operations within I-1 district shall provide a list of all materials to be used or located on the site, whether on a full time or part time basis, that are covered by SARA title III community right to know. This information shall be provided at the time of site plan review. If the activity or operation is existing and is a change of use or expansion, such information shall be provided to the community development director, or their designee, with the change of use permit application or other required permit, but prior to the introduction of the hazardous materials to the site. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025)

   A.   Purpose: The purpose of the I-2 heavy industrial district is to provide for a wide variety of manufacturing, fabricating, processing, wholesale distributing and warehousing uses appropriately located for access by major thoroughfares or railroads, but to restrict or prohibit those industries which have characteristics likely to produce negative impacts or adverse effects within or beyond the limits of the district.

   B.   Authorized Uses: Table 5-3 (subsection 10-5-3C of this chapter) lists the uses authorized in the I-2 district.

   C.   Intensity And Dimensional Standards: Development shall conform to the intensity and dimensional standards established in table 8-1 (subsection 10-8-1C of this title).

   D.   Special Conditions: The performance standards for the I-1 district, subsection 10-5-4-10D5 of this chapter, shall apply to land uses located in the I-2 district in addition the following standards:

      1.   I-2 districts shall be at least ten (10) acres in size and shall not require access from local or collector streets passing through residential districts.

   A.   Purpose: The purpose of the C/D corridor development district is to encourage economic development activity along the Route 16 corridor between the cities of Charleston and Mattoon, thus expanding employment opportunities in Coles County and enhancing its tax base. The C/D district is founded on a cooperative working relationship between those parties with an interest in encouraging the economic development in the county and facilitating quality development along the corridor. To that end, the requirements of the C/D district are intended to encourage development that both enhances the economy of the county and the aesthetics of the area, and maintains and encourages environmental quality.

   B.   Authorized Uses: Table 5-3 (subsection 10-5-3C of this chapter) lists the uses authorized in the C/D district.

   C.   Prohibited Uses: Authorized uses in table 5-3 (subsection 10-5-3C of this chapter) shall not be construed to include the following uses that are prohibited in the C/D district:

Asphalt plants.

Auto salvage yards.

Batching plants.

Commercial feedlots.

Concrete plants.

Foundry.

Hides, skins, and raw furs processing.

Junkyards.

Landfills.

Refuse incinerators.

Residential uses on zoning lots smaller than ten (10) acres in size.

Slaughterhouses.

   D.   Lot Controls:

      1.   Minimum Lot Size:

         a.   The minimum lot size for a zoning lot, any part of which is located within one thousand feet (1,000') of Route 16, shall be two (2) acres (87,120 square feet).

         b.   The minimum lot size for a zoning lot located more than one thousand feet (1,000') from Route 16 shall be one acre (43,560 square feet).

      2.   Minimum Lot Width:

         a.   The minimum lot width for a zoning lot, any part of which is located within one thousand feet (1,000') of Route 16, shall be two hundred feet (200').

         b.   The minimum lot width for a zoning lot located more than one thousand feet (1,000') from the Route 16 right of way shall be one hundred feet (100').

      3.   Corridor Open Space:

         a.   In order to ensure quality development and preserve views along Route 16, a corridor open space is established abutting Route 16. The open space corridor shall be located in the one hundred feet (100') closest to the property lines abutting Route 16. The fifty feet (50') of the open space corridor closest to Route 16 shall be defined as the "front fifty feet (50')". The fifty feet (50') of the open space corridor located farthest from Route 16 shall be defined as the "rear fifty feet (50')". Unless otherwise noted in this section, no activities or obstructions other than as listed in this section shall be allowed in the front fifty feet (50') of this open space area, as measured perpendicular from the property line abutting Route 16, and this area shall be planted and maintained with live landscape material.

         b.   Parking, as required under subsection E7 of this section, shall be permitted within the rear fifty feet (50') from Route 16. Should parking be located within this portion of the corridor open space, it shall be landscaped as required in subsection E9 of this section.

         c.   Low profile ground signs, as permitted in subsection E6c(2) of this section, shall be set back at least twenty five feet (25') from Route 16.

         d.   Directional signs, as permitted by subsection E6c(4) of this section, shall be permitted in the corridor open space when said signs are used in indication of the site ingress and egress.

         e.   The one hundred foot (100') corridor open space is to be landscaped as required in subsection E9d of this section.

         f.   Pole signs, as permitted by subsection E6c(3) of this section, shall be set back at least fifty feet (50') from Route 16.

         g.   Signs not listed in this section are prohibited in the open space corridor.

      4.   Yard Requirements:

         a.   All structures shall be set back a distance of at least twenty five feet (25') from all front, side and rear lot lines and the corridor open space.

         b.   In the case of zoning lots adjacent to major roads in the C/D district, all structures shall be set back a distance of at least fifty feet (50') from the road. Major roads shall be defined as Loxa Road, Old State Road, and Township Roads 800N, 1050E, 1200E, 1230E, 1300E, 1350E and 1400E.

      5.   Transitional Yards:

         a.   There shall be established a transitional yard of the first fifty feet (50') abutting the edge of the C/D district. Open storage, refuse containers or other structures accessory or otherwise, shall not be located within the transitional yard and shall be adequately screened from view if visible from any residential lot(s).

         b.   Every parking lot in a transitional yard shall be buffered and screened by a perimeter landscaped open space having a width of at least five feet (5'). The landscaping and screening treatment of such space shall be designed and maintained to a height of at least three feet (3') above the surface of the parking lot.

      6.   Height:

         a.   Structures located on a zoning lot, any part of which is located within one thousand feet (1,000') of Route 16, shall have a maximum height of sixty feet (60').

         b.   Structures located within two hundred feet (200') of the C/D district boundary shall have a maximum height of thirty five feet (35').

         c.   Notwithstanding the foregoing, all structures in the C/D district shall also be subject to the height limitation established by the Coles County memorial airport hazard zoning regulations, as directed by subsection E2 of this section.

      7.   Maximum Lot Coverage: The maximum coverage of any zoning lot within the C/D district by buildings, parking, roads or any other impervious surface shall not exceed seventy percent (70%).

   E.   General Requirements And Restrictions:

      1.   Nonconforming Uses: Where, at the effective date hereof, a lawful use of land exists that is made no longer permissible under the terms of the C/D district, such use may continue subject to the nonconforming use provisions of chapter 6 of this title.

      2.   Airport Restrictions: Any development within the C/D district that is also within the area controlled by the Coles County memorial airport hazard zoning regulations must meet the requirements of both sets of regulations. In cases where differences exist between the two (2) regulations, the more restrictive standard shall apply.

      3.   Performance Standards: All uses in the C/D district which require buildings and/or open areas for manufacturing, fabrication, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes shall conform to the performance standards defined in subsection 10-5-4-10D5 of this chapter as concerns smoke, fly ash, dust, odor, gases and fumes, glare, vibration, and noise and sound.

      4.   Severe Slope Restrictions: To protect the visual and environmental quality of the C/D district, no building shall be constructed on any portion of a zoning lot that exceeds a thirty percent (30%) slope. In addition, all buildings and structures shall be set back from the toe of the slope a minimum of ten feet (10') and an average of twenty feet (20').

      5.   Curb Cuts:

         a.   In order for the city to support an application to the Illinois department of transportation for a new vehicular ingress/egress onto Route 16, the zoning lot which will gain access to Route 16 must conform to the requirements of this subsection E5.

         b.   Vehicular ingress/egress onto Route 16 shall be permitted only if it:

            (1)   Is at least twenty (20) acres in size.

            (2)   Has a minimum frontage on Route 16 of one thousand feet (1,000').

            (3)   Is not within one thousand two hundred fifty feet (1,250') of an existing road or curb cut.

         c.   As a condition of approving any development with a curb cut onto Route 16, the owner shall grant an easement for the purpose of linking adjacent properties with an access road. Such easement shall be fifty feet (50') in width, parallel and abutting the property line along Route 16. The access road shall be centered within the easement. Such road will be utilized in cases where an applicant meets the requirements of subsections E5b(1) and E5b(2), but not subsection E5b(3) of this section.

         d.   Access roads in the C/D district will be constructed to the specifications defined in chapter 8 of this title, except as defined otherwise in this subsection E5. The applicant for whom the access road is constructed will bear responsibility of construction and maintenance of the access road, and submit to the city a letter of credit, which sum shall ensure adequate design, construction and maintenance of the road. The terms of the letter of credit, as to period and amount, shall be established by the city council.

         e.   Where a zoning lot has access from a road that intersects with Route 16, the centerline of the road; provided, that access shall be at least one hundred fifty feet (150') from the Route 16 right of way.

      6.   Signs:

         a.   Master Sign Plan Required: For any zoning lot on which the owner proposes to erect one or more signs, the owner, their agent or assignee shall submit a master signage plan to the community development director, or their designee. The building official shall approve the master signage plan, which will meet the requirements of this subsection E6, prior to the issuance of a building permit, and all signs placed on the zoning lot shall conform to the master signage plan and the requirements of this subsection E6. Such plan may be amended, from time to time, upon approval by the community development director, or their designee. The master signage plan shall contain the following information:

            (1)   An accurate plot plan of the zoning lot, at a specified scale.

            (2)   The location of all buildings, parking, driveways and landscaped areas on the zoning lot.

            (3)   The computation of the maximum total sign area, the maximum area for each individual sign, the height of each individual sign and the total number of signs to be erected on the zoning lot.

            (4)   An accurate indication on the plan of the proposed location of each present and future sign, except temporary signs need not be shown.

         b.   Maximum Sign Area:

            (1)   Maximum Total Sign Area: The maximum total sign area for all signs on a zoning lot in the C/D district, except incidental signs, building markers and temporary signs, shall not exceed the lesser of the following:

               (A)   Maximum number of total square feet: Five hundred (500).

               (B)   Square feet of signage per linear foot of street frontage: One (1.0).

            (2)   Lots Fronting On Two Or More Streets: Lots fronting on two (2) or more streets are allowed the permitted sign area for each street frontage. However, the total sign area that is oriented toward a particular street may not exceed the portion of the lot's total sign area allocations that is derived from the lot, building or wall area frontage on that street.

            (3)   Computation Of Area Of Individual Signs: The area of a sign face (which is also the sign area of a wall sign or other sign with only one face) shall be computed by means of the smallest square, circle, rectangle, triangle or combination thereof that will encompass the extreme limits of the writing, representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed, but not including any supporting framework, bracing or decorative fence or wall when such fence or wall otherwise meets the regulations of this title and is clearly incidental to the display itself.

            (4)   Computation Of Area Of Multi-Faced Signs: The sign area for a sign with more than one face shall be computed by adding together the area of all sign faces visible from any one point. When two (2) identical sign faces are placed back to back, so that both faces cannot be viewed from any point at the same time, and when such sign faces are part of the same sign structure and are not more than forty two inches (42") apart, the sign area shall be computed by the measurement of one of the faces.

            (5)   Computation Of Height: The height of a sign shall be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of: a) existing grade prior to construction; or b) the newly established grade after construction, exclusive of any filling, berming, mounding or excavating, solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined, sign height shall be computed on the assumption that the elevation of the normal grade at the base of the sign is equal to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the zone lot, whichever is lower.

         c.   Permitted Signs: The following signs are permitted in the C/D district:

            (1)   Flat signs; provided, that such signs shall not extend more than twenty four inches (24") from the wall or building to which they are attached, the bottom of such signs shall be at least ten feet (10') above grade, and such signs shall not cover or block any window, opening, architectural feature or architectural detail. The sign and any appurtenant devices or structural supports shall not project above the cornice or fascia of the building to which it is attached.

            (2)   Low profile ground signs; provided, there shall be only one sign per street frontage; and further provided, that each such sign shall not exceed a height of eight feet (8') and an area of ninety six (96) square feet.

            (3)   Pole signs; provided, that there shall be only one sign per street frontage; and further provided, that each such sign shall not exceed a height of twenty five feet (25') and an area of one hundred twenty five (125) square feet.

            (4)   Directional signs; provided, the total aggregate sign area of all incidental signs shall not exceed forty eight (48) square feet; and further provided, that each individual sign shall not exceed a height of three feet (3').

            (5)   Temporary real estate signs; provided, there shall be only one sign per street frontage; and further provided, that each sign shall not exceed an area of twelve (12) square feet and a height of five feet (5'). Temporary real estate signs shall be removed from the property upon the completion or discontinuance of the sale of said property.

            (6)   Temporary construction signs; provided, there shall be only one sign per street frontage; and further provided, that each sign shall not exceed an area of twelve (12) square feet and a height of five feet (5'). Temporary construction signs shall be removed from the property upon the completion or discontinuance of said construction.

            (7)   Temporary noncommercial signs; provided, that such signs for purposes of public elections are displayed not more than thirty (30) days prior to the election and shall be removed within seven (7) days after the date of the election for which they are displayed.

            (8)   Governmental signs.

            (9)   Corporate flags, flags of the United States, the state, the city, foreign nations having diplomatic relations with the United States, and any other flag adopted or sanctioned by an elected legislative body of competent jurisdiction; provided, that such flags shall be limited to a total of four (4), and each flag shall not exceed sixty (60) square feet in area and shall not be flown from a pole, the top of which is more than forty feet (40') in height. These flags shall be flown in accordance with the protocol established by the congress of the United States for the stars and stripes.

            (10)   Building marker; provided, such sign shall not exceed an area of four (4) square feet.

            (11)   An industrial/business park containing at least four (4) sites or ten (10) acres may be permitted one directory sign identifying the industrial/business park by name and identifying the occupants of the industrial/business park. Said sign shall not exceed one hundred (100) square feet in size for the first ten (10) acres of the industrial/business park area, plus one hundred (100) square feet for each additional ten (10) acre increment of the industrial/business park area, to a total of four hundred (400) square feet. The portion of the directory sign area dedicated any given tenant shall be deducted from that tenant's allowable sign area, as controlled by subsection E6b(1) of this section.

         d.   General Requirements: The following general requirements shall apply to all signs in the C/D district:

            (1)   All signs, except noncommercial messages, shall be appurtenant to a permitted use of the property on which displayed.

            (2)   No sign shall exceed a height of fifteen feet (15') when said sign is located on a lot on which the primary use of the property is agricultural or the property is vacant.

            (3)   No sign shall be erected in any location where, by reason of its position, it will obstruct the view of any authorized traffic sign, signal, or other traffic control device.

            (4)   No spotlight, floodlight or lighted sign shall be installed in any way which will permit the rays of such sign's light to penetrate beyond the property on which such light or lighted sign is located in such manner as to constitute a nuisance.

            (5)   All signs shall be imprinted with the sign owner's name and address and the sign erector's name and address. Signs not carrying such an imprint will be presumed to be owned by the person in possession of the property on which the sign is located.

            (6)   All signs shall comply with the applicable provisions of the building code, the fire code, and the electrical code of the city.

            (7)   All signs shall be maintained in good structural condition and in compliance with all applicable city codes as well as the provisions contained in this section.

            (8)   No sign shall be animated in the C/D district.

            (9)   No signs shall be erected upon or project through the roof of any building nor shall any sign attached to a building extend above the roofline.

            (10)   Notwithstanding any other provisions in this section, the following signs shall be exempted from these regulations and need not be designated in the master sign plan:

               (A)   Official signs promulgated by municipalities, state government, special districts or the department of transportation.

               (B)   Signs affixed by public utilities to their poles and other facilities for identification.

            (11)   No sign may be erected or maintained which contains, includes or is illuminated by any flashing, intermittent or moving lights except those giving public service information such as weather, date and temperature.

            (12)   No sign may be erected or maintained which is not effectively shielded so as to prevent beams or rays of light from being directed at any portion of the traveled way of any street or road so as to cause glare or impair the vision of the driver of any motor vehicle.

            (13)   Structures for any ground or pole sign shall be more than one hundred feet (100') from any other structure for a ground or pole sign. This requirement shall not apply to structures which are separated or screened by buildings, natural surroundings or other obstructions in such a manner that only one sign face located within such distance is visible at any one time.

            (14)   Vehicles with exterior markings of any size, identifying or advertising a commercial enterprise, shall not be stored in any front or corner side yard. Such vehicles shall also be screened from view from all adjoining properties and streets.

         e.   Legal Nonconforming Signs:

            (1)   Any legal nonconforming sign may continue in use and be maintained for life of the sign in order to amortize the investment therein.

            (2)   A legal nonconforming sign shall not be enlarged upon, expanded or extended.

            (3)   Any legal nonconforming sign damaged by fire, flood, explosion, war, riot or act of God may be restored or reconstructed; provided, that said restoration or reconstruction does not expand the preexisting nonconformity and is completed within two (2) months.

      7.   Parking Requirements:

         a.   The off street parking requirements for uses permitted in the C/D district shall be as follows:

 

         b.   Off street parking shall not be located in any yards in the C/D district, except as otherwise permitted in this subsection.

      8.   Loading Requirements:

         a.   The off street loading berths required for uses permitted in the C/D district shall be as follows:

 

         b.   No loading dock shall be located in the front yard of any zoning lot in the C/D district.

         c.   No loading dock shall be located within the open space corridor or any transitional yard.

         d.   Screening of the loading dock shall be in conformance with subsection E9 of this section.

      9.   Landscaping And Screening:

         a.   Landscape Plan: A landscape plan shall be required for all exterior construction and development activity. Such landscape plan shall be drawn in conformance with the requirements specified herein. Landscape plans must be approved by the community development director, or their designee, prior to the issuance of a building permit for exterior construction and development. All landscape plans submitted for approval shall contain or have attached the following information unless certain requirements are waived by the community development director, or their designee, due to nonapplicability:

            (1)   The location and dimensions of all existing and proposed structures, aboveground or belowground utilities, parking lots and drives, roadways and rights of way, sidewalks, bicycle paths, ground signs, refuse disposal areas, bicycle parking areas, fences, freestanding electrical equipment, tot lots and other recreational facilities, and other freestanding structural features as determined necessary by the community development director, or their designee. This drawing may be incorporated with the master signage plan as determined by subsection E6a of this section.

            (2)   The location, quantity, size and name, both botanical and common names, of all proposed planting materials.

            (3)   The location of existing buildings, structures and plant materials on adjacent public or private property within twenty feet (20') of the site.

            (4)   Existing and proposed grading of the site indicating contours at two foot (2') intervals; proposed berming, indicating contours at one foot (1') intervals.

            (5)   Specification of the size and type and boundaries of all proposed ground cover.

            (6)   The location, quantity, size and name, both botanical and common names, of all existing planting materials.

            (7)   Elevations of all fences proposed for location on the site.

            (8)   Elevations, cross sections and other details as determined necessary by the community development director, or their designee.

         b.   Selection, Installation And Maintenance Of Plant Materials:

            (1)   Planting materials used in conformance with the provisions contained herein shall be of good quality, of a species normally grown in central Illinois, and capable of withstanding the extremes of individual site microclimates. Size and density of plant material, both at the time of planting and at maturity, are additional criteria which must be considered when selecting plant materials.

            (2)   All landscaping materials shall be installed in accordance with the current planting procedures established by the American Association of Nurserymen. The installation of all plant material required by this subsection E9 may be delayed until the next optimal planting season, that being the period between April 1 and October 30.

            (3)   The owner of the premises shall be responsible for the maintenance, repair and replacement of all landscaping materials and barriers, including refuse disposal areas and street rights of way, as may be required by the provisions of this section.

            (4)   All landscaping materials shall be maintained in good condition so as to present a healthy, neat and orderly appearance, and plant material not in this condition shall be replaced when necessary and shall be kept free of refuse and debris. Fences, walls and other barriers shall be maintained in good repair.

         c.   Design Criteria: Landscape plans described in subsection E9a of this section shall be prepared based on the following design criteria. The evaluation and approval of landscape plans shall also be based on these design criteria:

            (1)   The scale and nature of landscaping materials should be appropriate to the size of the structures and surrounding existing materials. Large scaled buildings, for example, should generally be complemented by larger scaled plants.

            (2)   Plant material should be selected for its form, texture, color, pattern of growth and adaptability to local conditions.

            (3)   Evergreens should be incorporated into the landscape treatment of a site, particularly in those areas screening parking lots.

            (4)   All shade trees and ornamental trees shall have a minimum trunk size of two and one-half inches (21/2") in diameter upon installation, as measured six inches (6") above the established ground level.

            (5)   Plant material should be placed intermittently against long expanses of building walls, fences and other barriers to minimize the stark appearance and create a softening effect.

            (6)   Planting beds should be mulched with bark chips, feather rocks or similar materials. Mulch shall not be used as a substitute for plant materials.

            (7)   Detention/retention basins and ponds shall be landscaped. Such landscaping should include shade and ornamental trees, evergreens, shrubbery, hedges, sod and/or other planting materials.

            (8)   Deciduous trees should be placed on the south and west sides of the building to provide shade from the summer sun. Evergreens and other materials should be concentrated on the north side of buildings to dissipate the effect of winter winds.

            (9)   Existing plant material shall, wherever practical as determined by the building official, be incorporated into the landscape treatment of a site. The removal of trees within public rights of way is expressly forbidden without the approval of the community development director, or their designee.

         d.   Open Space Corridor And Transitional Yards:

            (1)   Except as provided elsewhere in this subsection E9, the open space corridor and all transitional yards shall be devoted exclusively to landscaping. Driveways and sidewalks needed to serve a permitted use may be located within the open space corridor and transitional yards subject to the requirements of subsection E5 of this section and approval of the community development director, or their designee.

            (3)   Where, as permitted under subsection E7b of this section, parking is provided in the rear fifty feet (50') of the corridor open space, the parking lot shall be buffered and screened by a perimeter landscaped open space having a width of at least five feet (5'). The landscaping and screening treatment of such space shall be designed and maintained to a height of at least three feet (3') above the surface of the parking lot.

         e.   Refuse Containers, Outdoor Storage And Loading Docks:

            (1)   All refuse containers and all areas of permitted outdoor storage shall be fully enclosed by an opaque fence, wall or densely planted evergreen hedge of a height sufficient to completely screen such containers or storage areas from view from all adjoining properties and all streets.

            (2)   No refuse containers or storage areas shall be located within any required yard.

            (3)   Outdoor storage of semitractor-trailers, heavy construction vehicles and agricultural vehicles, as permitted in this section, shall not require screening, except as controlled by subsection E6d(14) of this section.

            (4)   Screening for loading docks and service areas shall be a minimum of six feet (6') and entirely screen the area from public right of way and incorporate materials and finishes similar or compatible with those of the primary structures.

         f.   Parking Lots: Every parking lot shall be buffered by a perimeter landscaped open space of at least five feet (5'). The landscaping treatment of such space shall be designed and maintained with ground cover, or a combination of ground cover, ornamental shrubs, and trees, unless otherwise specified in this section.

   F.   Approval Process: Site plan review shall be required pursuant to the provisions of this subsection in addition to the other requirements of this section before building permits may be issued, and shall apply to all uses whether permitted, conditional or accessory. The following regulations shall apply generally to all uses contained within the C/D district:

      1.   Intent: The intent of this subsection is to promote safe and efficient use of land, to contribute to an orderly and harmonious appearance of the Route 16 corridor, and to further enhance property values. The site plan review process is intended to help ensure that newly developed properties and redeveloped properties are compatible with adjacent development, and that adverse impacts of development are minimized. The site plan review process in the C/D district is to provide for review of:

         a.   Compatibility of a project with its environment, other land uses and existing buildings in the area.

         b.   Compatibility of a project with the site plan review criteria for development of the Route 16 corridor, as defined in subsection F5 of this section.

         c.   Compliance of a project with the use, lot, and general requirements of this zoning district, as depicted in Route 16 corridor design manual.

      2.   Hearing Body: A corridor review committee (hereafter referred to as the CRC) is hereby authorized to hear and make recommendations to the city council on uses proposed in the C/D district. The CRC shall consist of a representative from each of the following:

         a.   The city of Charleston city council.

         b.   The city of Mattoon city council.

         c.   The city of Charleston board of zoning appeals and planning.

         d.   The city of Mattoon plan commission.

         e.   Coles Together.

         f.   Coles County airport authority.

         g.   Corridor zone land owners' associations.

      3.   Procedures: Prior to issuance of a building permit, all development within the C/D district that does not conform to the requirements of this section, must be approved by the city council in conformance with the following process:

      a.   Applicant will complete an application for zoning compliance in the C/D district on forms provided by the city.

      b.   Within fifteen (15) days of receipt of an application for zoning compliance approval, the community development director, or their designee, shall schedule the applicant before the next available plan review meeting of the CRC and shall notify the public of such meeting in conformance with the requirements of a type 3 permit application in accordance with section 10-4-1 of this title.

      c.   The CRC shall conduct a plan review hearing to consider the merits of the development proposal and its compliance with the standards of the C/D district.

      d.   Upon completion of the hearing, the CRC shall make a recommendation to the city council regarding compliance of the proposed development with the requirements of this section.

      e.   The community development director, or their designee, shall schedule a public hearing before the city council within thirty (30) days, and shall make a public notice regarding the city council hearing, in compliance with section 10-4-1 of this title.

      f.   Upon completion of the public hearing, the council shall vote to approve or deny the plan or to approve the plan subject to specific modifications. The mayor shall sign a concept plan, noting any approved or required changes from said plan, and file it with the community development director, or their designee.

      g.   Upon application for building permit, the community development director, or their designee, shall compare the building permit application to the filed concept plan. The building permit application must substantially conform to the concept plan and fully comply with the requirements of this section.

      h.   Requests for departures from approved plans will be required to follow the same procedure as outlined in this section.

      4.   Submission Requirements:

         a.   A concept plan including the following information shall be prepared by the applicant and submitted to the CRC at the formal review meeting:

            (1)   Land use on the site.

            (2)   Land uses within one thousand feet (1,000') of the property.

            (3)   Location of available utilities.

            (4)   Property boundaries.

            (5)   Topographical data showing floodplain, if any.

            (6)   Access points to the site.

            (7)   Location of buildings.

            (8)   Distances for setbacks and height.

            (9)   Tabulation of relevant lot and building data.

            (10)   Address and phone of applicant.

            (11)   Scale and north arrow.

            (12)   Location and direction of surface and subsurface drainage and retention.

         b.   The CRC may, by majority vote, require that the landscape plan (subsection E9 of this section) and master sign plan (subsection E6 of this section) be presented at their formal review meeting.

      5.   Review Criteria: In evaluating a concept plan for development in the C/D district, the CRC shall consider how the proposed plan meets the following land use and design criteria:

         a.   Land Use Criteria:

            (1)   Avoid incompatibilities with larger existing users in corridor (i.e., Coles County memorial airport and Sarah Bush Lincoln Hospital), understanding that they are important economic development components of the corridor and county.

            (2)   Focus office/commercial/light industrial development (enclosed activities) along the frontage of Route 16 to enhance its appearance and image.

            (3)   Locate industrial uses which may have an adverse impact on the appearance and image of the corridor away from Route 16.

            (4)   Attract airport related uses near the airport.

            (5)   Attract additional medical related uses near the hospital.

            (6)   Facilitate reuse or redevelopment of residential structures along Route 16 for commercial uses.

         b.   Design Criteria:

            (1)   Avoid overburdening of soil, air, water or infrastructure in the Route 16 corridor.

            (2)   Protect and enhance open/recreation uses in the study area, particularly the Charleston county club, the hiking/biking trail, wooded areas and creeks and rivers.

            (3)   Encourage redevelopment of older nonproductive uses.

            (4)   Build private roads to public standards.

            (5)   Protect residential uses from adverse impacts of nonresidential activities.

            (6)   Minimize changes in natural terrain.

            (7)   Separate residential uses from major noise producing sources.

            (8)   Separate internal traffic circulation from parking aisles.

            (9)   Minimize visual impact of parking visible from the street.

            (10)   Minimize impacts of airport noise. (Ord. 03-O-9, 3-18-2003; amd. Ord. 2025-O-5, 2-18-2025; Ord. 2025-O-22, 5-6-2025)

   A.   Purpose: The purpose of the M manufactured home park district is to provide for the creation of planned manufactured home developments in appropriate locations. Manufactured home parks are intended to provide all the amenities of a small neighborhood, including shelters, open space and recreational facilities.

   B.   Authorized Uses: In addition to manufactured homes, a manufactured home park may include a clubhouse and a store for residents of the park that does not exceed twenty five (25) square feet per manufactured home in the park.

   C.   Development Standards: The development standards in section 10-7-18 of this title shall apply to manufactured home parks in addition to the other requirements of this title. Manufactured home parks shall include at least five (5) acres to provide adequate area for required improvements and buffers.

   D.   Transfer Of Ownership: All land within a manufactured home park shall remain under common ownership, and no person shall sell, convey, or transfer ownership of any property or any portion thereof.

   E.   M Zone Designation: The applicant for the creation or expansion of a manufactured home park shall submit a detailed scaled site plan illustrating sufficient information to ensure compliance with the regulations of this title. (Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The PUD district is an overlay district that provides the flexibility to deviate from the setbacks, street widths and land use limitations applicable in conventional zoning districts. The district is intended to:

      1.   Encourage innovative land planning and site design concepts, and mixed use development through greater design and land use flexibility;

      2.   Include landscaping, passive and/or active recreation areas, open space, trails and greenways, preservation of special natural and historic features, or some other site amenities that contribute to the creation of an exceptional development that will be a long term asset to users of the site and the city as a whole;

      3.   Encourage the conservation and more efficient use of open space ancillary to the development;

      4.   Encourage the efficient use of land, and to reflect changes in land development and service delivery so that there are economic benefits to the public and the applicant;

      5.   Promote the integration of commercial, recreational and educational facilities and residential uses;

      6.   Encourage development of well located, clean, safe and pleasant industrial and business park sites;

      7.   Lessen the burden of traffic on streets, roads and highways; and

      8.   Achieve other comprehensive plan goals.

   B.   Authorized Uses: The council shall determine the appropriate uses in a PUD at the time of the PUD application and attach a list of authorized uses to each approved PUD plan.

   C.   Density And Dimensional Standards: Development shall conform to the density and dimensional standards of the underlying district established in table 8-1 (subsection 10-8-1C of this title), except as expressly approved in the PUD plan. Densities greater than those designated in the adopted future land use plan shall be based on the compatibility of the proposed development with adjacent uses, the adequacy of facilities and services and the amenities provided for users of the development. The intensity of nonresidential development shall be established as a maximum floor area ratio (FAR) at the time of planned development approval. In determining the maximum FAR, the board of zoning appeals and planning and city council shall consider:

      1.   The intensity of adjacent development;

      2.   Demands for the nonresidential development proposed in the PUD;

      3.   The mix of residential and nonresidential development in the vicinity;

      4.   The adequacy of transportation facilities, including streets, parking, transit facilities and bicycle/pedestrian facilities; and

      5.   The adequacy of utilities and public facilities and services.

   D.   Performance Standards: Development shall conform to the standards established in this title. The following additional performance standards are applicable to the PUD district:

      1.   Dimensional Standards: All dimensional standards established in chapter 8 of this title shall apply to development within the planned development unless the city council finds that potential negative impacts of proposed exceptions to minimum standards are fully mitigated and are offset by community amenities provided in the development. Furthermore, the applicant must meet the following standards:

         a.   Setback Standards: Building setbacks shall not be less than the minimum setback standards established in chapter 8 of this title for the underlying district unless the applicant can demonstrate that:

            (1)   Buildings can be designed safely and compatibly with lesser setbacks;

            (2)   Reduced setbacks are offset by the provision of readily accessible private or common open space;

            (3)   Modified setbacks provide for the protection of steep hillsides, wetlands or other environmentally sensitive natural features; and

            (4)   All buildings are provided with adequate emergency access for fire protection.

         b.   Architectural Standards: The architecture of the nonresidential construction shall be compatible with the adjacent residential development. Residential development restrictions may be required as part of the development approval process.

      2.   Community Amenities: Deviation from the standards may be recommended by the board and approved by the city council subject to the provision of the following community amenities:

         a.   Transportation amenities, including additional trails, bike or pedestrian amenities, and transit oriented improvements (including school bus shelters);

         b.   Excess park land dedication and facilities for active or passive recreation;

         c.   Open space or agricultural land reservation;

         d.   Community facilities for provision of public services beyond those required for development within the PUD; or

         e.   Other provisions in excess of minimum standards that the board and the city council find provide sufficient community benefit to offset the proposed deviation from strict development standards. (Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The purpose of the AOD airport overlay district is to ensure that the development and use of land does not interfere with normal use of the county airport.

   B.   Authorized Uses: All uses authorized by the underlying zoning district shall be allowed except as limited by federal aviation administration regulations.

   C.   Density And Dimensional Standards: Development shall conform to the density and dimensional standards of the underlying district established in table 8-1 (subsection 10-8-1C of this title); except, that height standards are limited in accordance with subsection D of this section.

   D.   Performance Standards: The airport protection zone overlay district (APZOD) special height regulations, as mandated by the department of transportation, federal aviation administration, federal aviation regulations, 14 CFR part 77, 1996, and as shown on the county airport height zoning map, which are both incorporated by reference hereto, shall apply to any airport land, other than a helicopter landing facility, owned and operated by a public agency, and shall be applied in combination with the underlying zoning district classification. The location of the APZOD boundaries is generally shown on the development plan map in the comprehensive plan and in the Charleston airport height zoning map. The airport layout plan (ALP), on file at the county airport, shall be referred to for the exact location of APZOD boundaries, and all development shall be in compliance with the ALP and the applicable federal aviation regulations. (Ord. 03-O-9, 3-18-2003)

Development within the flood hazard overlay district (FHOD) shall be in conformance with title 9, chapter 11 of this code, which is incorporated by reference herein. These standards shall be applied in combination with the underlying zoning district classification. The exact location of the flood hazard boundaries for a lot or parcel shall be as indicated on the flood insurance rate map (FIRM) for the area in which the particular lot or parcel is located. (Ord. 03-O-9, 3-18-2003)

   A.   Purpose: The purpose of the GOVT government district is to ensure that the development and use of land is consistent with governmental purposes.

   B.   Authorized Uses: All uses authorized by the governmental unit shall be allowed except as limited by federal aviation administration regulations. All governmental owned property shall be classified as being in the government district.

   C.   Performance Standards: Development shall conform to the general development standards established in this title.

   D.   Nongovernmental Uses: If governmental land is transferred to private ownership, the zoning designation of the land shall be automatically reclassified as the most restrictive adjacent zoning district. Private development shall conform to the general development standards for the redesignated zoning district as established in this title. (Ord. 09-O-60, 12-1-2009)

   A.   Purpose: The purpose of the RTA residential transition area overlay district is to ensure that the development and use of land provides for an appropriate transition from higher intensity developments to single-family residential developments with consideration for the intensity of adjacent developments.

   B.   Authorized Uses: All uses authorized by the underlying zoning district shall be allowed.

   C.   General Development Standards: Development shall conform to the general development standards of the underlying district established in this title; except, that height standards are limited in accordance with subsection D of this section.

   D.   Performance Standards: All development in the residential transition area overlay district (RTA) shall be limited to thirty five feet (35') or two and one-half (21/2) stories as the maximum height. (Ord. 09-O-60, 12-1-2009)