The following districts are established:

(1)

Residential. The residential districts are:

(a)

RD rural development

(b)

R-1 low-density residential district

(c)

R-2 medium-density residential district

(d)

R-3 high-density residential district

(e)

R-4 multifamily residential district

(f)

R-5 mobile home park district

(2)

Commercial. The commercial districts are:

(a)

CBD-1 central business district

(b)

B-2 highway commercial district

(c)

B-3 general commercial district

(3)

Industrial. The industrial districts are:

(a)

I-1 light industrial district

(b)

I-2 general industrial district

(4)

C Conservancy district.

(5)

P Public, semipublic, institutional and recreational district.

(6)

Mixed-Use overlay district.

(7)

Wastewater treatment overlay district.

(8)

Wellhead protection overlay district.

(Ord. No. 643-09, §§ I, II, 4-8-09)

The boundaries of the districts enumerated in section 114-51 are established as shown on the official zoning map of the city or as defined herein for those districts mapped by definition. The official zoning map is adopted by reference and incorporated in this chapter as though set forth in full. Such map, together with a copy of this chapter, shall be available for public inspection in the office of the city clerk. The map shall be certified by the mayor and attested by the city clerk. The clerk shall record on the map any change in the district boundaries.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

The district boundaries are streets or alleys unless otherwise shown; and where the designation on the zoning map indicates that the various districts are approximately bounded by the centerline of a street or alley, such centerline shall be construed to be the district boundary line.

(2)

Where the district boundaries are not otherwise indicated, and where the property has been divided into blocks and lots, the district boundaries shall be construed to be lot lines; and where the designations on the zoning map are approximately bounded by lot lines, such lot lines shall be construed to be the district boundaries.

(3)

Where a lot held in one ownership and of record on the effective date of this chapter is divided by a district boundary line, the entire lot shall be construed to be within the more restricted district, with the exception that conservancy zoning shall only apply to the portion of the property deemed to have unsuitable soils.

(Ord. No. 643-09, §§ I, II, 4-8-09)

Any land annexed to the city shall be placed in the RD rural development district until the common council assigns such land to another district.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Side yards. Buildings over two stories in height shall require five feet of additional side yard on each side for every additional story.

(2)

Prohibited buildings or structures. For the purpose of promoting compatible development, stability of property values, to prevent impairment or depreciation of property values, and to encourage pedestrian-friendly, healthful environment, the following are prohibited in residential districts:

(a)

Design features that detract from a pedestrian orientation.

(b)

Structures designed in such a way that they are incompatible with their surroundings or are of such unorthodox or abnormal character in relationship to their surroundings as to be unsightly or offensive.

(c)

Structures or uses that would unnecessarily destroy or substantially damage the natural beauty of the area, particularly insofar as they would adversely affect values incident to ownership of land in that area; or which would unnecessarily have an adverse effect on the beauty and general enjoyment of existing structures on adjoining properties.

(d)

Structures or uses that would have a negative impact on the maintenance of safe and healthful conditions in the city.

(3)

Utility metering. Utilities must be separately metered for each dwelling unit. When additional units are created through the conversion of existing residential structures and/or through the conversion of existing buildings to condominium ownership whether or not additional units are created, individual metering shall be installed for all units.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Intent. The RD district provides a holding zone for areas that may be required for future urban development and allows for new large-lot residential development. When used as a holding zone these areas will be rezoned in accordance with the use designation appearing on the master (land use) plan map where logical extension of utilities and facilities can be assured, thereby discouraging the haphazard and premature development of the fringes of the community.

(2)

Permitted uses. See table in section 114-73 for permitted uses in the RD district.

(3)

Conditional uses. See table in section 114-73 for conditional uses in the RD district.

(4)

Lot and building requirements.

(a)

Minimum lot area: 87,120 square feet

(b)

Maximum building height: 50 feet

(c)

Minimum lot width: 270 feet

(d)

Minimum lot depth: 110 feet

(e)

Minimum setbacks:

1.

Minimum front yard: 35 feet

2.

Minimum rear yard: 35 feet

3.

Minimum side yard:

a.

Interior side: 100 feet

b.

Corner side: 35 feet

(5)

Accessory buildings and uses:

(a)

Accessory buildings and uses typically incidental to residential uses are permitted. These accessory uses include, but are not limited to the following: gazebos, garden sheds, play equipment, private garages, private greenhouses, swimming pools, guesthouses, and home occupations. (See article V, division 2 and division 3.)

(b)

Bath houses.

(c)

Tennis courts, provided they are located in a side or rear yard and no closer than 25 feet to a lot line.

(d)

Private stables (See section 114-104).

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Intent. The R-1 district provides for development on larger lots for families wishing a lower density, more open living environment.

(2)

Permitted uses. See table in section 114-73 for permitted uses in the R-1 district.

(3)

Conditional uses. See table in section 114-73 for conditional uses in the R-1 district.

(4)

Lot and building requirements.

(a)

Minimum lot area: 12,150 square feet

(b)

Maximum building height: 35 feet

(c)

Minimum lot width: 90 feet

(d)

Minimum lot depth: 110 feet

(e)

Minimum setbacks:

1.

Minimum front yard: 30 feet

2.

Minimum rear yard: 30 feet

3.

Minimum side yard:

a.

Interior side: 10 feet

b.

Corner side: 25 feet

(f)

Maximum lot coverage: 30 percent

(5)

Accessory buildings and uses. Accessory buildings and uses typically incidental to residential uses are permitted. These accessory uses include, but are not limited to the following: gazebos, garden sheds, play equipment, private garages, private greenhouses, swimming pools, and home occupations. (See article V, division 2 and division 3).

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Intent. The R-2 district provides protection from potentially conflicting uses for areas of existing medium-density residences and provides for the development of new areas of medium density.

(2)

Permitted uses. See table in section 114-73 for permitted uses in the R-2 district.

(3)

Conditional uses.

(a)

See table in section 114-73 for conditional uses in the R-2 district.

(b)

Conversion of single-family dwellings into two-family dwellings provided:

1.

No sale of the premises is pending.

2.

The existing structure will not be substantially altered, will still appear to be a single-family residence, and only one door will be visible from the front.

3.

Each dwelling unit will have a minimum of 600 square feet of floor area measured from the outside including utility rooms but excluding all other areas not used for living or sleeping purposes.

4.

Each unit will be provided with two off-street parking spaces, not located in a required yard.

5.

The lot is a minimum of 12,000 square feet in area.

(c)

Duplexes are subject to [subsections 114-58] (3)(b) 3., 4. and 5.

(4)

Lot and building requirements.

(a)

Minimum lot area: 9,000 square feet (single-family)

12,000 square feet (two-family)

(b)

Maximum building height: 35 feet

(c)

Minimum lot width: 75 feet

(d)

Minimum lot depth: 110 feet

(e)

Minimum setbacks:

1.

Minimum front yard: 25 feet

2.

Minimum rear yard: 25 feet

3.

Minimum side yard:

a.

Interior side: Ten percent of lot width at building line

b.

Corner side: 25 feet

(f)

Maximum lot coverage: 40 percent

(5)

Accessory buildings and uses. Accessory buildings and uses typically incidental to residential uses are permitted. These accessory uses include, but are not limited to the following: gazebos, garden sheds, play equipment, private garages, private greenhouses, swimming pools, guesthouses, and home occupations. (See article V, division 2 and division 3.)

(6)

Zero lot line as conditional use.

(a)

A conditional use may be issued for a zero lot line dwelling. "Zero lot line dwelling" means a single structure consisting of two residential dwelling units which exist on two lots (that are created upon completion of construction of the single structure) that have a property line along a common wall where the residential dwelling units meet and are attached.

(b)

Additional requirements.

1.

Each unit shall have a separate sewer and water lateral connection.

2.

A minimum one hour fire rated wall assembly division separating living areas from the lowest level to flush against the underside of the roof is required between each dwelling unit. Further, each dwelling unit shall have its own walls, so as to create a situation where no common walls are present.

(c)

Compliance with land division regulations. The division of land occurring upon completion of construction of the zero lot line dwelling shall comply with all applicable land division regulations contained in the City Code.

(d)

Certified survey maps for zero lot line dwellings. A Certified Survey Map in compliance with chapter 90 of this Code prepared by a certified surveyor for a zero lot line dwelling shall be reviewed and approved by the city plan commission before a building permit may be issued for construction of the zero lot line dwelling. The certified survey map shall show the proposed location of structures, the side yard, rear yard and street yard setbacks, and the proposed sizes of the lots to be created upon the construction of the zero lot line dwelling.

(Ord. No. 643-09, §§ I, II, 4-8-09; Ord. No. 692-13, § 1, 11-19-13)

(1)

Intent. The R-3 district provides protection from potentially conflicting uses for those areas of small lot residences that were developed in the more distant past and provides for the development of new areas of high density. The R-3 district also provides for the conversion of larger single-family homes to two-family dwellings, under certain conditions.

(2)

Permitted uses. See table in section 114-73 for permitted uses in the R-3 district.

(3)

Conditional uses.

(a)

See table in section 114-73 for conditional uses in the R-3 district.

(b)

Conversion of single-family dwellings into two-family dwellings provided:

1.

No sale of the premises is pending.

2.

The existing structure will not be substantially altered, will still appear to be a single-family residence, and only one door will be visible from the front.

3.

Each dwelling unit will have a minimum of 600 square feet of floor area measured from the outside including utility rooms but excluding all other areas not used for living or sleeping purposes.

4.

Each unit will be provided with two off-street parking spaces, not located in a required yard.

5.

The lot is a minimum of 12,000 square feet in area.

(c)

Duplexes are subject to [subsections 114-59] (3)(b)3., 4. and 5.

(4)

Lot and building requirements.

(a)

Minimum lot area: 7,000 square feet (single-family)

12,000 square feet (two-family)

(b)

Maximum building height: 35 feet

(c)

Minimum lot width: 50 feet

(d)

Minimum lot depth: 110 feet

(e)

Minimum setbacks:

1.

Minimum front yard: 25 feet

2.

Minimum rear yard: 20 feet

3.

Minimum side yard:

a.

Interior side: 10 percent of lot width at building line

b.

Corner side: 25 feet

(f)

Maximum lot coverage: 40 percent

(5)

Accessory buildings and uses. Accessory buildings and uses typically incidental to residential uses are permitted. These accessory uses include, but are not limited to the following: gazebos, garden sheds, play equipment, private garages, private greenhouses, swimming pools, and home occupations. (See article V, division 2 and division 3.)

(6)

Zero lot line as conditional use.

(a)

A conditional use may be issued for a zero lot line dwelling. "Zero lot line dwelling" means a single structure consisting of two residential dwelling units which exist on two lots (that are created upon completion of construction of the single structure) that have a property line along a common wall where the residential dwelling units meet and are attached.

(b)

Additional requirements.

1.

Each unit shall have a separate sewer and water lateral connection.

2.

A minimum one hour fire rated wall assembly division separating living areas from the lowest level to flush against the underside of the roof is required between each dwelling unit. Further, each dwelling unit shall have its own walls, so as to create a situation where no common walls are present.

(c)

Compliance with land division regulations. The division of land occurring upon completion of construction of the zero lot line dwelling shall comply with all applicable land division regulations contained in the City Code.

(d)

Certified survey maps for zero lot line dwellings. A certified survey map in compliance with chapter 90 of this Code prepared by a certified surveyor for a zero lot line dwelling shall be reviewed and approved by the city plan commission before a building permit may be issued for construction of the zero lot line dwelling. The certified survey map shall show the proposed location of structures, the side yard, rear yard and street yard setbacks, and the proposed sizes of the lots to be created upon the construction of the zero lot line dwelling.

(Ord. No. 643-09, §§ I, II, 4-8-09; Ord. No. 692-13, § 2, 11-19-13)

(1)

Intent. The R-4 district provides for the conversion of single-family structures to two-family and multifamily uses in the established portions of the city where larger two-story homes predominate and provides for new areas of modern, multifamily developments, including condominiums.

(2)

Permitted uses.

(a)

See table in section 114-73 for permitted uses in the R-4 district.

(b)

Conversion of single-family dwellings into two-family dwellings provided:

1.

No sale of the premises is pending.

2.

The existing structure will not be substantially altered, will still appear to be a single-family residence, and only one door will be visible from the front.

3.

Each dwelling unit will have a minimum of 600 square feet of floor area measured from the outside including utility rooms but excluding all other areas not used for living or sleeping purposes.

4.

Each unit will be provided with two off-street parking spaces, not located in a required yard.

5.

The lot is a minimum of 12,000 square feet in area.

(c)

Duplexes are subject to [subsections 114-60] (2)(b) 3., 4. and 5.

(3)

Conditional uses. See table in section 114-73 for conditional uses in the R-4 district.

(4)

Lot and building requirements, for single-family dwellings (if two-family, multifamily or conversion see [subsection](5).

(a)

Minimum lot area: 7,000 square feet

(b)

Maximum building height: 35 feet

(c)

Minimum lot width: 50 feet

(d)

Minimum lot depth: 110 feet

(e)

Minimum setbacks:

1.

Minimum front yard: 25 feet

2.

Minimum rear yard: 20 feet

3.

Minimum side yard:

a.

Interior side: Six feet on either side; both side yards shall total no less than 18 feet

b.

Corner side: 25 feet

(f)

Maximum lot coverage: 60 percent

(5)

Lot and building requirements, other than single-family dwellings.

(a)

Minimum lot area:

1.

Two-family dwellings: 12,000 square feet

2.

Multiple-family dwelling: 15,000 square feet

(b)

Maximum building height: 50 feet

(c)

Minimum lot width: 80 feet

(d)

Minimum lot depth: 110 feet

(e)

Minimum setbacks, provided building does not exceed 30 feet in height. For buildings exceeding 30 feet in height, the minimum front yard and the minimum interior side yard shall be increased by one foot for each two feet or fraction thereof by which the building height exceeds 30 feet:

1.

Minimum front yard: 25 feet

2.

Minimum rear yard: 30 feet

3.

Minimum side yard:

a.

Interior side: 10 feet

b.

Corner side: 25 feet

(f)

Minimum floor area:

1.

Two-family dwellings: 700 square feet per unit

2.

Multiple-family dwellings: 650 square feet per unit

(g)

Maximum lot coverage: 40 percent (buildings and structures)

60 percent (impervious surface)

(6)

Accessory buildings and uses. Accessory buildings and uses typically incidental to residential uses are permitted. These accessory uses include, but are not limited to the following: gazebos, garden sheds, play equipment, private garages, private greenhouses, swimming pools, and home occupations. (See article V, division 2 and division 3).

(7)

Additional requirements for R-4 districts. The following special requirements shall apply to multifamily uses:

(a)

Multifamily residential dwellings with three or more dwelling units shall place all refuse containers in visually screened areas.

(8)

Zero lot line as conditional use.

(a)

A conditional use may be issued for a zero lot line dwelling. "Zero lot line dwelling" means a single structure consisting of two residential dwelling units which exist on two lots (that are created upon completion of construction of the single structure) that have a property line along a common wall where the residential dwelling units meet and are attached.

(b)

Additional requirements.

1.

Each unit shall have a separate sewer and water lateral connection.

2.

A minimum one hour fire rated wall assembly division separating living areas from the lowest level to flush against the underside of the roof is required between each dwelling unit. Further, each dwelling unit shall have its own walls, so as to create a situation where no common walls are present.

(c)

Compliance with land division regulations. The division of land occurring upon completion of construction of the zero lot line dwelling shall comply with all applicable land division regulations contained in the City Code.

(d)

Certified survey maps for zero lot line dwellings. A certified survey map in compliance with chapter 90 of this Code prepared by a certified surveyor for a zero lot line dwelling shall be reviewed and approved by the city plan commission before a building permit may be issued for construction of the zero lot line dwelling. The certified survey map shall show the proposed location of structures, the side yard, rear yard and street yard setbacks, and the proposed sizes of the lots to be created upon the construction of the zero lot line dwelling.

(Ord. No. 643-09, §§ I, II, 4-8-09; Ord. No. 692-13, § 3, 11-19-13)

(1)

Intent. The R-5 mobile home park district provides for the continuation of the existing mobile home park in the city. It is not the city's intention to create any additional areas of R-5 zoning.

(2)

Permitted uses. See table in section 114-73 for permitted uses in the R-5 district.

(3)

Conditional uses. See table in section 114-73 for conditional uses in the R-5 district.

(4)

Lot and building requirements:

(a)

Minimum lot size: 5,000 square feet

(b)

Minimum setbacks: 20 feet

(c)

Minimum mobile home park size: 2 acres

(5)

Accessory buildings and uses. Accessory buildings and uses typically incidental to residential uses are permitted. These accessory uses include, but are not limited to the following: gazebos, garden sheds, play equipment, private garages, private greenhouses, swimming pools, and home occupations. (See article V, division 2 and division 3).

(6)

Screening required. Unless adequately screened by existing vegetative cover, such parks shall be screened by a temporary planting of fast-growing material, capable of reaching a height of 15 feet or more, such as hybrid poplar, and a permanent evergreen planting such as white or Norway pine, the individual trees to be in such numbers and so arranged that, within ten years, they will have formed a screen equivalent in opacity to a solid fence or wall. Such permanent planting shall be grown or maintained to a height of not less than 15 feet.

(7)

Additional requirements.

(a)

The minimum roadway width shall be 26 feet and shall meet the same construction specifications as public streets.

(b)

Each mobile home shall be properly anchored.

(c)

Each park shall have a minimum of ten units.

(d)

A common recreational area shall be provided as follows:

1.

For ten to 20 units, 700 square feet per unit.

2.

For 21 to 50 units, 14,000 square feet plus 600 square feet per unit in excess of 20;

3.

Fifty-one to 100 units, 32,000 square feet plus 500 square feet per unit in excess of 50; and

4.

For 100 and up units, 55,000 square feet plus 400 square feet per unit in excess of 100.

(e)

All lots shall be served by public water and sewer mains. These mains shall be installed at the expense of the developer, with design material and construction meeting the requirements of the city, and shall be dedicated to the city.

(f)

Each lot shall be provided with individually metered water and sewer service from the public main, and shall pay the normal water and sewer tap-on fees as required for single-family dwelling units.

(g)

No sales of new or used mobile homes by dealers or brokers shall be permitted within such park.

(h)

Also see section 114-108.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Outdoor display. All activities shall be conducted within enclosed buildings with the exception that an area may be designated for outdoor sales and display of merchandise provided:

(a)

It is limited in size to 25 percent of the indoor floor space.

(b)

It is located on private property.

(c)

The area is not designated as required parking or required open space.

(d)

The plan commission may waive the limitations (above) through the issuance of a conditional use permit.

(2)

Screening required. Within the side and rear lot lines of any commercially zoned lot abutting any residential district, screening (a wall or solid fence, at least six feet high and of such density to completely block the view from adjacent residential property) shall be installed unless upon the prior approval of the plan commission landscaping is approved for substitution.

(3)

Refuse storage. With the exception of the CBD-1 central business district, all refuse shall be stored in covered containers placed in visually screened areas. In the CBD-1, covered containers are required and reasonable efforts shall be made to provide screening. All refuse containers existing on the effective date of this chapter shall be made to comply by January 1, 2010.

(4)

For the B-2 and B-3 districts, buildings over two stories in height shall require five feet for each additional story in addition to the required minimum side yards.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Intent. The CBD-1 central business district is an established pedestrian-oriented district comprising the core of the city's traditional downtown.

(2)

Permitted uses. See table in section 114-73 for permitted uses in the CBD-1 district.

(3)

Conditional uses. See table in section 114-73 for conditional uses in the CBD-1 district.

(4)

General use restrictions.

(a)

All activities must be located in an enclosed building (except as provided under section 114-62).

(b)

Processing and manufacturing are permitted in the CBD-1 district provided the activity is clearly incidental to a retail use conducted on the premises.

(c)

Processing and manufacturing beyond that deemed incidental may take place as a conditional use, provided the business has a retail component that occupies at least 25 percent of its total floor area and all other conditions established during the approval process are satisfied.

(d)

A conditional use permit is required for all businesses offering goods or services to customers waiting in motor vehicles.

(e)

Dwelling units and lodging rooms are not permitted below the second floor without conditional use approval.

(5)

Lot and building requirements.

(a)

Minimum lot area: None

(b)

Maximum building height: 40 feet

(c)

Minimum lot width: None

(d)

Minimum lot depth: None

(e)

Minimum setbacks*:

1.

Minimum front yard: None

2.

Minimum rear yard: None

3.

Minimum side yard:

a.

Interior side: None, provided a minimum of ten feet is provided from existing buildings unless they share a party wall.

b.

Corner side: None, provided plan commission grants an exception to the vision clearance triangle requirements. See section 114-99.

*Where a CBD-1 commercial lot abuts a residential district, the rear and side yard minimum requirements shall be those of the B-3 district

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Intent. The B-2 highway commercial district is intended to accommodate and regulate business uses which are directly and indirectly accessed from arterial streets and highways, generally requiring large lots for off-street parking and loading.

(2)

Permitted uses. See table in section 114-73 for permitted uses in the B-2 district.

(3)

Conditional uses. See table in section 114-73 for conditional uses in the B-2 district.

(4)

Lot and building requirements.

(a)

Minimum lot area: 21,730 square feet

(b)

Maximum building height: 50 feet

(c)

Minimum lot width: 90 feet

(d)

Minimum lot depth: 110 feet

(e)

Minimum setbacks:

1.

Minimum front yard: 50 feet (may be used for parking developments)

2.

Minimum rear yard: 20 feet

3.

Minimum side yard:

a.

Interior side: 20 feet

b.

Corner side: 30 feet

c.

Interior side setbacks may be reduced to zero where buildings share a party wall, provided conditional use approval has been granted.

(f)

Maximum lot coverage: 50 percent

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Intent. The B-3 general commercial district is intended to accommodate and regulate business uses outside the central business district at various location throughout the city.

(2)

Permitted uses. See table in section 114-73 for permitted uses in the B-3 district.

(3)

Conditional uses. See table in section 114-73 for conditional uses in the B-3 district.

(4)

Lot and building requirements.

(a)

Minimum lot area: 9,600 square feet

(b)

Maximum building height: 50 feet

(c)

Minimum lot width: 80 feet

(d)

Minimum lot depth: 110 feet

(e)

Minimum setbacks:

1.

Minimum front yard: 30 feet (may be used for parking developments)

2.

Minimum rear yard: 20 feet

3.

Minimum side yard:

a.

Interior side: 20 feet

b.

Corner side: 30 feet

c.

Interior side setbacks may be reduced to zero where buildings share a party wall, provided conditional use approval has been granted.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Intent. The I-1 light industrial district accommodates light industrial and support services development within the city and reserves additional lands in appropriate locations for new or relocated industrial and support service uses.

(2)

Permitted uses. See table in section 114-73 for permitted uses in the I-1 district.

(3)

Conditional uses. See table in section 114-73 for conditional uses in the I-1 district.

(4)

General use restrictions.

(a)

All business, production, servicing and processing shall take place within completely enclosed buildings.

(b)

Storage may be outdoors if storage areas are completely enclosed by a solid wall or fence (including doors and gates) at least six feet high and not more than eight feet high. Storage shall not exceed the height of the fence.

(c)

All outside storage must be on a dust-free paved surface.

(5)

Lot and building requirements.

(a)

Minimum lot area: 21,780 square feet

(b)

Maximum building height: 50 feet

(c)

Minimum lot width: 90 feet

(d)

Minimum lot depth: 110 feet

(e)

Minimum setbacks:

1.

Minimum front yard: 20 feet

2.

Minimum rear yard: 20 feet

3.

Minimum side yard*:

a.

Interior side: 10 feet

b.

Corner side: 20 feet

c.

Interior side setbacks may be reduced to zero where buildings within one lot or buildings on adjoining lots share a party wall.

d.

Any party desiring a zero setback as set forth above must first obtain a conditional use permit, regardless if the use is permitted or conditional.

*Side yards. Buildings over two stories in height shall require five feet for each additional story in addition to the required minimum side yards.

(Ord. No. 643-09, §§ I, II, 4-8-09; Ord. No. 706-14, §§ 1, 2, 5-6-14)

Editor's note— Ord. No. 706-14, adopted May 6, 2014, § 5, provides: "Sunset Provision. The provisions of this Ordinance shall expire on December 31, 2014 at midnight unless extended by affirmative action of the City Council."

(1)

Intent. The I-2 general industrial district accommodates general industrial development within the city and reserves additional lands in appropriate locations for new or relocated industries of a more intensive nature than those in the I-1 district.

(2)

Permitted uses. See table in section 114-73 for permitted uses in the I-2 district.

(3)

Conditional uses. See table in section 114-73 for conditional uses in the I-2 district.

(4)

General use restrictions.

(a)

All business, production, servicing and processing shall take place within completely enclosed buildings.

(b)

Storage may be outdoors if storage areas are completely enclosed by a solid wall or fence (including doors and gates) at least six feet high and not more than eight feet high. Storage shall not exceed the height of the fence.

(c)

All outside storage must be on a dust-free paved surface.

(5)

Lot and building requirements.

(a)

Minimum lot area: 21,780 square feet

(b)

Maximum building height: 50 feet

(c)

Minimum lot width: 90 feet

(d)

Minimum lot depth: 110 feet

(e)

Minimum setbacks:

1.

Minimum front yard: 20 feet

2.

Minimum rear yard: 20 feet

3.

Minimum side yard*:

a.

Interior side: 10 feet

b.

Corner side: 20 feet

c.

Interior side setbacks may be reduced to zero where buildings within one lot or buildings on adjoining lots share a party wall.

d.

Any party desiring a zero setback as set forth above must first obtain a conditional use permit, regardless if the use is permitted or conditional.

*Side yards. Buildings over two stories in height shall require five feet for each additional story in addition to the required minimum side yards.

(Ord. No. 643-09, §§ I, II, 4-8-09; Ord. No. 706-14, §§ 3, 4, 5-6-14)

Editor's note— Ord. No. 706-14, adopted May 6, 2014, § 5, provides: "Sunset Provision. The provisions of this Ordinance shall expire on December 31, 2014 at midnight unless extended by affirmative action of the City Council."

(1)

Intent. The C conservancy district provides protection against problems that may result from development upon areas that may contain unsuitable soils. If an owner or developer of a parcel zoned conservancy can demonstrate that soil samples indicate soils suitable for the type of development contemplated or proposed construction methods would adequately overcome existing soil problems, the parcel may, upon proper application, be rezoned to a use consistent with the land use scheme indicated on the master (land use) plan map.

(2)

Permitted uses. See table in section 114-73 for permitted uses in the C district.

(3)

Conditional uses. See table in section 114-73 for conditional uses in the C district.

(4)

Height, area and setback requirements. There are no height, area and setback requirements. For conditional uses, they shall be established during the conditional use process.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Intent. To allow for the continuation and establishment of such public and semipublic uses in the City of Columbus as may be consistent with furtherance of the purpose and intent of this chapter. Such uses include, but are not limited to, places of religious assembly, schools, cemeteries, parks, and recreational areas.

(2)

Permitted uses. See district use table in section 114-73 for permitted uses.

(3)

Conditional uses. See district use table in section 114-73 for conditional uses.

(4)

Lot and building requirements.

(a)

No land zoned P public, semipublic, institutional, and recreational district shall be further subdivided for any use other than its current use without rezoning. See section 114-22 regarding the rezoning of such lands.

(b)

A conditional use permit is required for most development or expansion in the P district, including the expansion of existing facilities. See section 114-73 for permitted and conditional uses.

(c)

Setbacks and building height limits for conditional uses in this district shall be established specific to that use during the conditional use approval process, consistent with the purpose and intent of this chapter.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Intent. To allow for the continuation and establishment of a range of limited-scale business uses that may exist in close proximity to residential uses while remaining consistent with the purpose and intent of this chapter.

(2)

Defined. The mixed-use overlay district is applicable to all those properties with frontage on Ludington Street between Farnham Street and Middleton Street and all those properties with frontage on James Street between Lewis Street and River Road, with the exception of any property zoned CBD-1 central business district.

(3)

Permitted uses. All those uses permitted in the underlying zoning district.

(4)

Conditional uses. All those uses allowed in the CBD-1 central business district which are not otherwise allowed by the underlying zoning district.

(5)

Lot and building requirements. Lot and building requirements are those which are applicable to the underlying zoning district.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Intent. To limit development in proximity to the municipal wastewater treatment to those uses deemed most consistent with the purpose and intent of this ordinance.

(2)

Defined. The wastewater treatment overlay district is hereby defined as all those areas located within 500 feet of the perimeter of the wastewater treatment plant property.

(3)

Restricted. No new residential zoning and no new residential uses shall be established within the wastewater treatment overlay district subsequent to the effective date of this ordinance.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

Intent. To limit development in proximity to municipal wellhead(s) to such uses as may be compatible with protection of the public works supply.

(2)

Defined. The wellhead protection overlay district is hereby defined as all areas within 1,200 feet of any municipal wellhead(s) unless such district is subsequently mapped. If mapped, the district is comprised only of those mapped areas.

(3)

Restricted. All nonresidential uses established subsequent to the effective date of this ordinance within the wellhead protection overlay district shall be subject to conditional use review and approval under article II, division 3, for the purpose of restricting uses that may pose a threat to the public water supply.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(1)

The City of Columbus Use Table as set forth below lists the uses allowed within each of the zoning districts in the city. Each zoning district is listed along the top of the table and each use is listed in the rows. A "P" in the box indicates that a use is permitted by right in the respective zoning district. A "C" in the box indicates that a particular use is classified as a conditional use and is allowed only under specific conditions and with a conditional use permit as outlined in article 2, division 3 of this chapter. If the box is blank, a specific use is not permitted in that zoning district, subject to the provisions of section 114-12 of this chapter.

(2)

The use table set forth in this section classifies different principal uses according to their different impacts. Whenever an activity is commonly associated with the principal use and integrally related to the principal use then such activity may be regarded as accessory to the principal use and may be allowed under the umbrella of the principal use whether or not it is listed in the use table for the district, provided it constitutes only one incidental part of the total activity that takes place on the lot. Where such use is listed as a conditional use in the zoning district, it shall be subject to the conditional use review and approval process. If a use is not listed as either a permitted or conditional use in the zoning district, the zoning administrator, subject to the provisions of section 114-12 of this chapter, may allow the use, and then the use shall be subject to the conditional use review and approval process. For purposes of interpretation, a use may be regarded as incidental if it is incidental or insubstantial in and of itself in relation to the principal use. To be "commonly associated" with a principal use, it is not necessary for an accessory use to be connected with such principal use more times than not, but only that the association of such accessory use with such principal use takes place with sufficient frequency that there is common acceptance of their relatedness.

(3)

Definitions.

•

RD is the rural development district;

•

R-1 is low density residential district;

•

R-2 is medium density residential district;

•

R-3 is high density residential district;

•

R-4 is multi-family residential district;

•

R-5 is mobile home park district;

•

CBD-1 is central business district;

•

B-2 is highway commercial district;

•

B-3 is general commercial district;

•

I-1 is light industrial district;

•

I-2 is general industrial district;

•

C-1 is conservancy district;

•

P is Public, semi-public, institutional and recreational district.

(4)

The district use classification table is as follows:

DISTRICT USE CLASSIFICATION TABLE

(Ord. No. 643-09, §§ I, II, 4-8-09; Ord. No. 668-11, § 1, 12-6-11; Ord. No. 671-12, § 1, 3-6-12; Ord. No. 704-14, § 2, 5-6-14; Ord. No. 692-13, § 4, 11-19-13; Ord. No. 715-15, § 2, 1-21-15; Ord. No. 748-19, § 1, 5-21-19)

(1)

General intent. The PUD planned unit development districts are intended to be created, pursuant to Wis. Stats. § 62.23(7)(b) as amended, for the purpose of permitting developments that will derive maximum benefit from coordinated area site planning, diversified location of structures, and mixed compatible uses that result in the provision of a safe and efficient system for pedestrian and vehicular traffic, attractive recreation and landscaped open spaces, economic design and location of public and private utilities and community facilities; and ensure adequate standards of construction and planning. The unified and planned development of a site, in single or corporate ownership or control at the time of application, may be permitted in a planned unit development district with one or more principal uses or structures and related accessory uses and structures. The regulations within a planned unit development district need not be uniform throughout the individual PUD district.

(2)

Application and interpretation.

(a)

Adoption of a PUD ordinance establishes the base zoning for the district. The PUD is not an overlay district. A two-stage approval process is necessary for completion of the PUD. Following review, public hearing, and approval of preliminary plat and plans for the PUD, initial approval is granted. Final plans must be submitted and final approval granted prior to the issuance of building permits for construction in the PUD. The final approval may be completed in phases, subject to restrictions set forth herein.

(b)

The provisions of this division shall apply to all planned unit developments in the city. In interpreting and applying the provisions of this division, planned unit developments will be held to the minimum requirements for the promotion and effectuation of the purpose and intent set forth in subsection (1) of this section.

(c)

Except as otherwise provided for herein, all planned unit developments shall be developed in accordance with all applicable provisions of this chapter. When this division imposes restrictions or requirements greater than those imposed by any other provisions of this chapter, the provisions of this division shall control.

(d)

Planned unit developments may deviate from strict compliance with the required density, dimension, area, height, bulk, parking and other regulations for the standard zoning districts and other provisions of this chapter, including the establishment of two or more principal buildings or uses on a single zoning lot provided:

1.

Such deviations are limited to the extent specified in the preliminary plan, plat and other documents authorizing the planned unit development.

2.

The planned unit development is consistent with the purpose and intent for planned unit development set forth in subsection (1).

(3)

Procedure for planned unit development.

(a)

Pre-application and sketch plans:

1.

Any property owner may submit to the zoning administrator a sketch plan for the purpose of obtaining guidance in the development of the property. (See subsection (4)(a) for submittal requirements).

2.

The zoning administrator and/or planner shall review the sketch plan and informally discuss the merits and/or problems of the proposed development. A summary of the discussion shall be forwarded to the common council and the plan commission for review and comment. No formal action in support or in opposition to the proposed sketch plan will be taken at this stage.

(b)

Preliminary plan and plat stage:

1.

Following the sketch plan and pre-application stage, if utilized, the property owner shall submit to the zoning administrator a completed application for a planned unit development and copies of the associated preliminary plan and plat, containing such information and in such form as required in this section. (See subsection (4)(b)).

2.

The zoning administrator shall refer said plan and plats to the plan commission for public hearing and review, and to any other officers or staff as he deems necessary in order to provide review and comment to the plan commission.

3.

The plan commission shall, after public notice in the manner required for conditional uses under section 114-28 of this chapter, hold a public hearing on the application for approval of a planned unit development and the preliminary plan and plat, and shall recommend to the common council approval, approval with modifications or denial of the application based on specific findings of fact. The plan commission may call any additional witnesses and/or receive independent testimony as it may deem necessary and may continue said hearing to a future date in order to explore all outstanding questions and to achieve thorough findings of fact.

4.

The common council shall receive the recommendations of the plan commission and other recommendations of staff and officers as have been requested, and shall either approve, approve with modification or deny the application. If the common council elects to approve the application in any form, the common council shall by ordinance approve the preliminary plan and plat, and grant initial approval for a planned unit development. Said ordinance may authorize, in the discretion of the common council, the submission of final plans and plats, and the development of the planned unit development, in phases, and include such conditions as the common council may deem appropriate.

5.

No building permit shall be issued until approval of the final plan and plat for the entire proposed planned unit development. For phased projects permits may be issued for construction within those project phases for which final approval has been granted.

6.

Once the preliminary plan and plat have been approved, the zoning of the subject parcel becomes PUDI and is regulated by the particulars of the PUDI ordinance adopted for the project. The PUDI ordinance may be subject to automatic revocation under the terms set forth in subsection (e) below.

(c)

Final plan and plat stage:

1.

Within one year after the adoption of the ordinance approving the preliminary plan and plat and granting initial approval for the planned unit development, the property owner shall file with the zoning administrator copies of the final plan and plat of planned unit development. Upon receipt, the zoning administrator shall refer said plan and plat to the plan commission. The zoning administrator may also refer said plan and plat to any other officers or staff as he deems necessary in order to provide review and comment to the plan commission. Notwithstanding any provision contained herein to the contrary, when the common council has approved the phasing of any planned unit development, the final plan and plat for each phase shall be filed within the timeframes established by the common council.

2.

Within 30 days after receipt of all documentation, if the final plan and plat are, in the opinion of the plan commission, deemed to be sufficient, in compliance with all applicable city ordinances and in substantial conformity with the approved preliminary plan and plat including any conditions of approval, they shall be approved by the plan commission and recommended to the common council. Copies of the final plan and plat, along with a letter of transmittal and recommendation, shall be transmitted by the plan commission to the common council.

3.

Within 30 days after receipt of the plan commission's recommendation, and in no event later than 60 days after the filing of the final plan and plat, or the last required document or other paper, whichever is later, and provided all requirements set forth in this section have been met, the common council shall receive said recommendation and approve said final plan and plat, or approve said plan and plat with modifications, or deny said final plan and plat. In the event the common council denies the final plan and plat submitted, it shall return same to the plan commission with specific findings as to how said final plan and plat is not in substantial conformity with the ordinance granting said initial planned unit development approval and approving the preliminary plan and plat, and all other ordinances of the city.

4.

Changes in the final plan and plat before approval: If the final plan and plat are not in substantial conformity with the approved preliminary plan and plat, the plan commission shall not approve said final plan and plat, but instead, shall require a new application. The common council may, however, approve deviations from any phasing schedule contained within the ordinance granting the planned unit development approval without a new application.

5.

Once the final plat and plan receive council approval, the zoning of the subject parcel becomes "PUD #_____" and the land therein may only be utilized in a manner that is consistent with the terms of the adoption ordinance. Where the PUD establishes approved deviation from requirements set forth elsewhere in the zoning ordinance those shall be specifically set forth, otherwise the terms of the zoning ordinance control.

(d)

Changes in the recorded plan and plat. If the property owner desires to amend the plan or plat once approved, he shall file an application for amendment. Amendments fall into one of three categories as detailed for conditional uses under section 114-33. In addition to the criteria detailed in that section, any change in use or density is deemed to be a major amendment.

(e)

Revocation of planned unit development approval; reversion of zoning; failure to complete planned unit development:

1.

Planned unit developments are permitted based upon conditions and considerations existing at the time of approval. Planned unit developments shall be constructed and completed in a timely manner. Any approval authorizing a planned unit development shall be automatically revoked under the following conditions:

a.

Where no phasing plan has been approved by the common council, and:

i.

A complete application for final plan and plat approval has not been filed within one year after the date of the passage of the ordinance granting the initial planned unit development approval; or,

ii.

Construction of the planned unit development has not commenced, and proceeded diligently, within one year after the date of approval of the final plan and plat.

b.

Where a phasing plan has been approved by the common council in the ordinance granting the planned unit development approval, and where there has been a failure to adhere to any of the deadlines with respect to the phasing of such planned unit development.

2.

The ordinance granting approval of a planned unit development may also stipulate other conditions for the reversion of such zoning to the underlying zoning classification existing at the time application for a planned unit development was filed. If such underlying zoning was a county classification, the zoning may be reverted to the RD rural development district classification under this chapter.

3.

Upon making a determination that a planned unit development approval has been automatically revoked pursuant to this subsection, the administration shall send written notice of said determination to the owner of the subject property by certified mail, return receipt requested. Said determination may be appealed in the manner provided under article II, division 5 of this chapter.

4.

Upon the revocation of a planned unit development approval and/or reversion of any zoning with respect to any property, such property shall be developed, used and maintained only in conformity with the permitted uses and other requirements of the zoning district in which it is located.

(f)

Extension of time for planned unit developments. Upon written application and for good cause shown, the common council may, by ordinance, in its sole discretion, grant one extension of time not to exceed one year from the time limitations set forth in this subsection or in any approved phasing plan.

(4)

Content of plans and plats.

(a)

Sketch plan: A drawing of the proposed planned unit development prepared at a scale that provides a clear understanding of the way in which the property is intended to be developed. The plan shall indicate the overall concept of the development including the land use pattern, general circulation system, open space and/or park system and other major features. The plan shall indicate:

1.

Boundary lines, approximate distances.

2.

General areas around the site, including land use and streets.

3.

Proposed streets.

4.

Proposed land uses.

5.

Map data, name of development, owner, north-point, scale, acreage and date of preparation.

6.

Site data—A listing in tabular form of the various land uses and areas thereof, number of dwelling units and estimated population.

7.

A statement of existing and proposed ownership.

8.

A general statement describing the existing site features, including topography and flooding conditions, vegetation and other factors.

9.

A general statement of the current status of necessary utilities.

10.

Other information as the plan commission may from time to time deem necessary.

(b)

Preliminary plan and plat stages:

1.

Preliminary plan and plat: A drawing of the planned unit development shall be prepared at a scale of not less than one inch = 100 feet and shall show proposed streets, all buildings and their uses, common open space, recreation facilities, parking areas, service areas, and other facilities to indicate the character of the proposed development. The submission may be composed of one or more sheets and drawings and shall include:

a.

Legal description.

b.

Boundary line: bearings and distance.

c.

Easements: location, width and purpose.

d.

Streets on and adjacent to the tract: Street name, right-of-way width, existing or proposed centerline elevations, pavement type, walks, curbs, gutters, culverts, etc.

e.

Utilities on and adjacent to the tract: Location, size and invert elevation of sanitary, storm and combined sewers; location and size of water mains; location of gas lines, fire hydrants, electric and telephone lines and street lights; direction and distance to and size of nearest usable water mains and sewers adjacent to the tract showing invert elevation of sewers.

f.

Ground elevations on the tract: For land that slopes less than one-half percent, show one-foot contours; for land that slopes more than one-half percent, show two-foot contours, also show spot elevations at all breaks in grades, along all drainage channels or swales and at points of special significance.

g.

Surface hydrology and geological conditions: Identification of existing surface drainage patterns, topography, major and minor watersheds, locations of 100-year floodplain limits, and the location and results of tests made to ascertain surface and subsurface soil, rock and groundwater conditions, including a soil analysis indicating soil types, code numbers, limitations for urbanized areas, conservation and agricultural productivity, soil wetness and erosion potential; depth to groundwater unless test pits are dry at a depth of five feet.

h.

Other conditions on the tract: Watercourse, floodplains, marshes, rock outcrops, wooded areas, isolated trees one foot or more in diameter, other natural and environmental resources, houses, barns, accessory buildings and other significant features.

i.

Other conditions on adjacent land: Approximate direction and gradient of ground slope, including any embankments or retaining walls; character and location of major buildings, railroads, power lines, towers or other nonresidential land uses or adverse influences; owners of adjacent unplatted land; for adjacent platted land, refer to subdivision plat by name and show approximate percent built-up, typical lot size and dwelling type.

j.

Zoning: Show zoning districts on and adjacent to the tract.

k.

Proposed public improvements: Highways or other major improvements planned by public authorities for future construction on or near the tract.

l.

Open space: all parcels of land intended to be dedicated for public use or reserved for the use of all property owners with the purpose indicated.

m.

Structures: General location, purpose and height, in feet or stories, of each building other than single-family residences.

n.

Map data: Name of development, name of site planner, north-point, scale, date of preparation and acreage of site.

o.

All submittal requirements detailed in section 114-26 pertaining to conditional uses that are not included in the list above.

p.

Miscellaneous: Such additional information as may be required by the plan commission.

2.

Objectives: A statement of planning objectives to be achieved by the planned unit development. This statement should include a description of the character of the proposed development and the rationale behind the assumptions and choices of the developer.

3.

Character: Explanation of the character of the planned unit development and the manner in which it has been designed to take advantage of the flexibility of these regulations, including a statement explaining the applicant's need for any deviations from strict compliance with any provision of this chapter, and the public benefits to accrue from the development.

4.

Ownership: Statement of present and proposed ownership of all land within the project.

5.

Names and addresses: The names and addresses of the persons to whom any notices required under this chapter must be sent, including the applicant, the developer, and the owners of adjoining property.

6.

Phasing schedule (if applied for):

a.

Configuration of each phase with emphasis on the area, density, uses and public facilities or required improvements to be developed within each phase. Design of each phase shall be shown on the plan, plat and through supporting graphic material.

b.

The sequence in which phases will be developed.

c.

The time within which any such phase will be submitted for final plan and plat approval.

d.

The time within which building permit applications will be submitted and construction will be commenced with respect to each phase.

e.

The time within which each phase will be completed.

f.

The sequence and timing of construction of all public or other required onsite and/or off-site improvements.

g.

Provisions for the maintenance and landscaping of any phases prior to the submission of final plans and plats with respect thereto.

7.

Covenants, conditions, restrictions, easements: Proposed covenants, conditions, restrictions and easements which will provide for the perpetual use, maintenance, and conformity of the planned unit development in accordance with the approved planned unit development documents and this chapter.

8.

Density: Provide information on the density of residential uses, including the number of dwelling units by type, the number of buildings by type and the number of bedrooms in each building and dwelling unit type.

9.

Nonresidential use: Provide information on the type and amount of ancillary and nonresidential uses, including the amount of open space.

10.

Service facilities: Provide information on all public improvements, quasi-public or common improvements and off-street parking facilities.

11.

Architectural plans: Preliminary architectural plans for all primary buildings shall be submitted in sufficient detail to permit an understanding of the style of the development, the design and materials of the buildings and number, size and type of dwelling units. The floor area of each building type and total ground coverage of buildings shall also be provided.

12.

Landscape plans: Preliminary plans for grading, plant materials, berming and aesthetic features shall be submitted.

13.

Facilities plans: Preliminary engineering plans or information, adequate to indicate that the proposed development can be serviced, shall be submitted for:

a.

Roads, including classification, width of right-of-way, width of pavement and typical construction details.

b.

Sanitary sewers.

c.

Stormwater management.

d.

Water supply system.

e.

Lighting program.

f.

Sidewalk, parks and cycle trails.

14.

School impact study: Provide information on the student load and financial impact on the local school districts, including the anticipated timeline for arrival of potential students.

15.

Tax impact study: Provide information on the taxes to be generated by the proposed project and the cost to the various taxing bodies to provide the necessary services to the project.

16.

Traffic analysis: Provide information on the adequacy of the local transportation and thoroughfare system to handle anticipated traffic volumes generated by the planned unit development. Also, an analysis should be made of the adequacy of the internal vehicular circulation pattern.

17.

Market study: Provide economic feasibility study of the proposed development, including information on land utilization, and marketing potential. Evidence should be presented showing the need for and feasibility of the proposed development.

(c)

Final plan and plat stage:

1.

Final plan and plat: A final planned unit development plan and plat, suitable for recording with the county recorder of deeds, shall be prepared. The purpose of the final plan and plat is to designate with particularity the land subdivided into conventional lots as well as the division of other land, not so treated, into open areas and building areas. The final plan and plat shall include, but not be limited to:

a.

An accurate legal description of the entire area under immediate development within the planned unit development, or phase thereof being finally approved.

b.

A subdivision plat of all subdivided lands in the same form and meeting all the requirements of a normal subdivision plat.

c.

An accurate legal description of each separate unsubdivided use area, including open space.

d.

Depiction of the exact location of all buildings to be constructed.

e.

Certificates, seals and signatures required for the dedication of lands and recording the document.

f.

Tabulation on separate unsubdivided use area, including land area, number of buildings and number of dwelling units per acre.

2.

Final site plan, architectural plans, landscape plans, lighting plan and stormwater management plan.

3.

Open space documents: All open space shall either be conveyed to a municipal or public corporation, conveyed to a not-for-profit corporation or entity established for the purpose of benefiting the owners and residents of the planned unit development, or retained by the developer with legally binding guarantees, in a form approved by the corporation counsel, that the open space will be permanently preserved as open area. All land conveyed to a not-for-profit corporation or like entity shall be subject to provisions for maintenance and improvement of the open area.

4.

Public facilities: All public and quasi-public or common improvements made necessary as a result of the planned unit development shall either be constructed in advance of the approval of the final plat or a letter of credit shall be posted to guarantee construction of the required improvements. The letter of credit, payable to the city, shall be sufficient to cover the full cost of the improvements plus 25 percent. Detailed construction plans shall be submitted for all public facilities to be built.

5.

Construction plans: Detailed plans shall be submitted for the design, construction or installation of site amenities, including buildings, landscaping, stormwater management facilities, lakes and other site improvements. A soil erosion and sedimentation control plan is also required.

6.

Construction schedule: a final construction schedule shall be submitted for that portion of the planned unit development for which approval is being requested.

7.

Guarantee deposit: Deposits sufficient to ensure the completion of all planned unit developments shall be made to the city in a form acceptable to the corporation counsel.

8.

Covenants, conditions, restrictions, easements: Final covenants, conditions, restrictions and easements, in forms acceptable to the corporation counsel, which will provide for the perpetual use, maintenance, and conformity of the planned unit development in accordance with the approved planned unit development documents and this chapter.

9.

Setbacks, open space ratios, maximum building height, maximum percentage of lot coverage, maximum floor area ratio, and other dimensional standards for all areas not to be developed at the time of approval.

10.

Permitted, conditional and accessory uses allowed in the district.

(5)

Standards. Planned unit development shall meet the following standards:

(a)

Comprehensive plan and planned unit development purpose and intent: a planned unit development must conform with the intent and spirit of the planning objective of the city's comprehensive plan and the planned unit development purpose and intent.

(b)

Size and ownership: the site of the planned unit development must be under single ownership and/or unified control and be at least ten acres for a residential PUD of exclusively single-family dwelling units, at least five acres for a residential PUD containing multifamily dwelling units, and at least two acres for a nonresidential PUD.

(c)

Compatibility: The uses permitted in the planned unit development must be of a type and so located as to avoid adverse impact upon surrounding properties.

(d)

Need: A clear showing of need must be made. It is the responsibility of the applicant to demonstrate that the project could not be accomplished by utilizing conventional zoning.

(e)

Yards:

1.

Each required yard of each lot along the periphery of the planned unit development shall be at least equal in width or depth to those provided under the requirements of the adjacent zoning district.

2.

Buildings must be a minimum of 24 feet apart.

3.

Buildings more than 24 feet in height shall provide a setback from any property line not less than the height of such buildings.

(f)

Parking requirements: Adequate parking shall be provided, and clear justification shall be provided for any parking ratio that does not meet standards specified in other sections of this chapter.

(g)

Access: Adequate provision shall be made to provide ingress and egress so designed as to minimize the traffic congestion in the public streets.

(h)

Design standards: The provisions of the land subdivision regulations of the city shall be adhered to, unless waived through standard application procedures.

(i)

Residential planned unit development: Planned unit developments, or the portions thereof, devoted to residential uses shall be limited to a maximum number of dwelling units set forth in the PUD approval ordinance. Net residential density shall also be set forth therein and shall be calculated as follows: the net residential area shall be divided by the number of dwelling units located thereon. The net residential area shall be determined by subtracting 20 percent from the gross area of the planned unit development for streets and other required improvements, regardless of the amount of land actually devoted to same. The area of land devoted to common open space, public use and/or recreational use shall be included in the net residential area.

(j)

Nonresidential and mixed residential/nonresidential planned unit developments: Planned unit developments, or the portions thereof, devoted to nonresidential use shall meet the maximum floor area ratio and maximum percentage of lot coverage set forth in the PUD ordinance as approved. This is also the case for planned unit developments, or the portions thereof, devoted to mixed residential/nonresidential uses.

(6)

Findings. The plan commission shall, after the public hearing, set forth to the common council the reason for the recommendation, and said recommendation shall set forth with particularity what respects the proposal would be in the public interest, including but not limited to findings of fact on the following:

(a)

In what respects the proposed plan is consistent with the comprehensive plan and the stated purpose and intent of the planned unit development regulations.

(b)

The extent to which the proposed plan meets the requirements and standards of the planned unit development regulations.

(c)

The extent to which the proposed plan departs from the zoning and subdivision regulations otherwise applicable to the subject property, including but not limited to the density, dimension, area, bulk and use, and the reasons why such departures are deemed to be in the public interest.

(d)

The method by which the proposed plan makes adequate provision for public services, provides adequate control over vehicular traffic, provides for and protects designated common open space and furthers the amenities of light and air, recreation and visual enjoyment.

(e)

The relationship and compatibility of the proposed plan to the adjacent properties and neighborhood.

(f)

The desirability of the proposed plan as regards physical development, tax base and economic well-being of the city.

(7)

Conditions and guarantees. The plan commission may recommend and the common council may stipulate such conditions and restrictions upon the establishment, location, design, layout, height, density, construction, maintenance, aesthetics, operation and other elements of the planned unit development as deemed necessary for the protection of the public interest, improvement of the development and protection of the adjacent area. In all cases in which planned unit developments are granted, the common council shall require such evidence and guarantees as it may deem necessary to ensure that the conditions will be complied with.

(8)

Administration and enforcement.

(a)

Administrative and enforcing officer: The zoning administrator shall be the enforcing and administrative officer of this division including the following:

1.

Administratively process all planned unit development amendments for future development or changes in use.

2.

Maintain permanent and current records regarding planned unit development and their regulatory ordinances, including all amendments thereto.

3.

Receive and file all sketch, preliminary and final planned unit development plans and plats.

4.

Forward all copies of proposed planned unit development plans and plats to the plan commission and to other agencies, boards or officers of the city, as directed by the plan commission or the common council.

5.

Make all other determinations and perform all other administrative actions required by this division.

(b)

Fee: A fee shall accompany each application for planned unit development approval. Such fee shall be paid to the city at the time of the filing of each such application. No plan shall be approved nor shall any building or other permit be issued thereon without the fee required herein having first been paid. The fee shall be in an amount established from time to time by ordinance adopted by the common council. Any fee collected pursuant to this section shall be in addition to and not in lieu of any other fee imposed by the terms of this chapter.

(9)

Maintenance and use of planned unit development. Every planned unit development shall at all times be maintained, used and kept in full conformance with the provisions of this chapter and those plats, plans and specifications expressly incorporated in any ordinance or resolution specifically governing the construction and development of the planned unit development.

(Ord. No. 643-09, §§ I, II, 4-8-09)

(Reserved for the establishment of future planned unit development districts.)