For the purposes of this article the following zones are established:

(Ord. No. 2-12-2003, § 4.01, 2-12-2003)

The location and boundaries of the districts established in this article are shown upon the zoning map, which is incorporated into these suggested standards. The zoning map, together with all notations, references and other information shown thereon, and all amendments thereto, shall be a part hereof and shall have the same force and effect as if the zoning map, together with all notations, references and other information shown thereon, were fully set forth and described herein.

(Ord. No. 2-12-2003, § 4.02, 2-12-2003)

If the use of any area described on the zoning map as being for schools, parks, playgrounds and other public uses is abandoned or terminated, the area shall automatically be classified as a one-family dwelling district subject to the regulations and restrictions applicable thereto unless and until its classification is changed by amendment to this article; and areas so described on the zoning map shall be considered as belonging to the R-1 One-Family Dwelling District subject to the use indicated on the zoning map; their use shall comply with all restrictions to an R-1 district, excepting as necessitated by the designated use.

(Ord. No. 2-12-2003, § 4.03, 2-12-2003)

Prior to the annexation of any territory to the city, a plan for zoning the area to be annexed shall be made by the city council. The city council shall hold a public hearing in the manner provided in this article.

(Ord. No. 2-12-2003, § 4.04, 2-12-2003)

If uncertainty exists as to the boundary of any use district as shown on the zoning map, the following rules shall apply:

(1)

If district boundary lines are indicated as following streets, alleys or similar rights-of-way, they shall be construed as following the centerlines thereof.

(2)

If district boundary lines are indicated as approximately following lot lines, the lot lines shall be construed to be the boundaries.

(3)

If a lot held in one ownership and of record at the effective date of these suggested standards is divided by a district boundary line, the entire lot shall be construed to be within the less restricted district; provided that this construction shall not apply if it increases the area of the less restricted portion of the lot by more than 20 percent.

(Ord. No. 2-12-2003, § 4.05, 2-12-2003)

The purpose of the A-1 Agricultural District is to:

(1)

Establish a zoning district in which agriculture and certain related uses are encouraged as principal and primary uses of the land.

(2)

Preserve fertile tillable soils as a most valuable natural resource.

(3)

Enhance and maintain the sound economic base that agricultural pursuits provide the township and the county.

(4)

Guard and protect sociological relationships that are a necessary part of the lives and well-being of rural people in partnership with nature.

(5)

Provide open areas which contribute to the stability of the environment, relief from urban blight and enhancement of air and water quality.

(6)

Preserve a continuing food supply close to markets for residents of the township and the county.

(7)

Allow for the provision of important governmental support services to the agricultural community.

(Ord. No. 2-12-2003, § 5.01A, 2-12-2003)

(a)

Generally. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used except as otherwise provided in this article for other than one or more of the uses specified in this section.

(b)

Agricultural uses. Agricultural uses on parcels of ten or more acres are permitted as follows:

(1)

Farming, horticulture, forestry, crop and tree farming, conservation areas, truck farming, gardening, dairy farming, stock breeding and raising, horse breeding, domestic animals, poultry breeding and raising, together with the operation of any machinery or vehicles incidental to the use described in section 44-69(b). For purposes of this article, livestock management facilities are not included as a permitted use. Any operation that qualifies as a livestock management facility as defined by state law shall be subject to all state requirements and require a special use permit.

(2)

The composting of landscape waste, including, but not limited to, grass clippings, leaves, and chipped brush, if composted material is incorporated (tilled) at analytically determined agronomic rates including consideration of the carbon/nitrogen ratio, based on soil type, nutrient needs of the soil, nutrient needs of the crop to be grown, and nutrient contents of the material to be applied, and the activity does not require a permit from the state environmental protection agency provided all state requirements for composting and land application are met. For the purposes of this subsection, a farmer shall be considered an operator actively cultivating at least 40 contiguous acres of an annual crop planted and harvested within a 12-month period.

(3)

The land application of landscape waste, including, but not limited to, grass clippings, leaves and chipped brush if material is incorporated (tilled) into lands at analytically determined agronomic rates, including consideration of carbon/nitrogen ratio, based on soil type, nutrient needs of the soil, nutrient needs of the crop to be grown, and nutrient contents of the material to be applied, and the activity does not require a permit from the state environmental protection agency provided all state requirements for composting and land application are met. For the purposes of this subsection, a farmer shall be considered an operator actively cultivating at least 40 contiguous acres of an annual crop (planted and harvested within a 12-month period).

(4)

Buying/selling of livestock, but not a commercial feed lot or slaughterhouse.

(5)

Research or experimental farms.

(6)

Greenhouses and nurseries.

(7)

Sale of agricultural products produced on premises.

(c)

Residential uses. Residential uses are permitted as follows:

(1)

One single-family dwelling on a minimum parcel size of 40 acres.

(2)

One single-family dwelling on a parcel of less than 40 acres which parcel was legally created and recorded on or before the adoption of this article.

(d)

Special uses. In an A-1 Agricultural District, the following uses and their accessory uses may be allowed by a special use permit issued in accordance with this chapter:

(1)

Similar and compatible uses to those allowed as permitted uses in this district.

(2)

ECHO housing.

(3)

Essential services, including, but not limited to, police and fire stations, communication reception and transmission facilities, public utilities, gas regulator stations, telephone exchanges and electric substations.

(4)

Governmental buildings and facilities.

(5)

Agribusiness uses, including, without limitation:

a.

Riding stables, not nearer than 500 feet to any zoned rural residential district or 500 feet from an existing dwelling other than the dwelling of the owner or lessee of the site, but not less than 100 feet from any property line of the owner or lessee of the site.

b.

Livestock management facilities as defined by state law.

c.

Sale of farm supplies by farmers as agents, where grain elevators or similar commercial facilities are not maintained on the farm premises.

d.

Agricultural implement sales and services.

e.

Grain storage, when not accessory to the pursuit of agriculture.

f.

Fertilizer and seed sales, including bulk storage and mixing.

g.

Animal feed: preparation, grinding, mixing, and storage.

h.

Anhydrous ammonia sales and storage.

(6)

Mining or the extraction of minerals, sand, gravel, topsoil or other aggregates, including equipment, buildings or structures for screening, crushing, mixing, washing or storage, provided that:

a.

No open pit or shaft will be less than 200 feet from any public road or 50 feet from any side and rear property line.

b.

All buildings or structures shall be located not less than 200 feet from any property line.

c.

The borders of the property shall be fenced with a fence or wall at least six feet in height or shall have a six-foot high earthen berm and a six-foot high chainlink fence either in front or behind the berm.

d.

A plan of development of the reclamation of the land is provided as part of the application for special use.

e.

No blasting or other use of explosives is permitted unless specifically requested and authorized within the special use permit after the required public hearing by the zoning board of appeals. If permitted by the city council, blasting must conform to all applicable state and federal standards.

(7)

Hunting, fishing, game preserves and recreational clubs or camps.

(8)

Floodway development provided all requirements of the Federal Emergency Management Agency are met, all applicable permits obtained and copies of all plans and the permits are provided with applications for special use.

(e)

Temporary uses and structures. The following temporary uses and structures are permitted, provided a permit is issued:

(1)

Temporary building/trailer/yard for construction materials or equipment, that is incidental and necessary to construction in the zoning district. Each permit shall specify the location of the building, trailer or yard and the area of permitted operation. Each permit shall be valid for a period of not more than six calendar months and shall not be renewed for more than two successive periods.

(2)

Temporary office, both incidental and necessary for the sale or rental of real property. Each permit shall specify the location of the office and the area of permitted operation. Each such permit shall be valid for a period of not more than one year and shall not be renewed for more than two successive periods.

(3)

Mobile homes may be used for residential purposes only during the construction of a dwelling and must be removed within 30 days of completion of construction, whichever occurs first. In no case shall a mobile home be permitted to remain on the premises for more than 18 months.

(4)

Concrete ready-mix or asphalt concrete plants, when necessary and incidental to a major construction project. Each permit shall be valid for a period of not more than one year and shall not be renewed for more than three successive periods at the same location and the applicant is required to restore the property to its original condition at the applicant's expense, within 60 days of completion.

(f)

Accessory uses and structures. The following accessory uses and structures are permitted provided a permit is issued and provided they are operated and maintained under the same ownership on the same lot and do not include structures or structural features inconsistent with the permitted use or special use. Accessory uses may include home occupations. Accessory structures may include:

(1)

Buildings or other structures and devices customarily incidental to and commonly associated with a permitted use or special use.

(2)

Garages, carports or other parking spaces for the exclusive use of residents or occupants of the premises.

(3)

Living quarters for persons employed on the premises and not rented or otherwise used as a separate dwelling. For purposes of this article, this provision does not include migrant workers or migrant labor camps.

(4)

Swimming pools, exclusively for the use of the residents and their guests, provided that a safety fence surrounds the entire pool area and that the pool and safety fence are not located in the front yard and provided the pool is set back at least 20 feet from every property line.

(Ord. No. 2-12-2003, § 5.01A—E, 2-12-2003)

(a)

Minimum lot area. A separate ground area of not less than 40 acres shall be designated, provided and continuously maintained for each structure on land containing a permitted residential or special use. A separate ground area of not less than ten acres shall be designated, provided and continuously maintained for each parcel designated for bona fide agricultural uses which are not intended to have a residential dwelling on site.

(b)

Minimum lot width. A minimum lot width of 400 feet measured at the building setback line shall be provided for each parcel in an A-1 Agricultural District.

(c)

Front yard. All structures shall be set back at least 70 feet from the centerline of township and lesser roads, 85 feet from the centerline of county highways and 100 feet from the centerline of state and federal highways.

(d)

Side yard. All structures shall be set in a distance of not less than 20 feet from side lot lines.

(e)

Rear yard. All structures shall be set in a distance of not less than 20 feet from the rear lot line except that freestanding accessory structures shall be set in a distance not less than ten feet from the rear lot line.

(Ord. No. 2-12-2003, § 5.01F, 2-12-2003)

Farm building and structures, except for dwellings and garages, shall be exempt from the provisions of this article when used for permitted agricultural purposes. All setback and yard requirements shall apply to farm structures.

(Ord. No. 2-12-2003, § 5.01G(1), 2-12-2003)

One nonagricultural vehicle or one recreational vehicle may be parked in an open area visible from the road and must be owned or legally controlled by the residents or occupants of the principal use and legally licensed and operable (able to be driven). Small pick-up trucks or vans used principally as passenger cars are excluded from the restriction of this section provided the vehicles are not junk vehicles, are owned or legally controlled by the residents or occupants of the principal use, are legally licensed and operable (able to be driven).

(Ord. No. 2-12-2003, § 5.01G(2), 2-12-2003)

Any operation that qualifies as a livestock management facility, as defined by state law, must meet all applicable state requirements and have all the appropriate permits necessary. The documentation shall be submitted with any application for special use permit under this article. The facilities are permitted in the A-1 district only.

(Ord. No. 2-12-2003, § 5.01G(3), 2-12-2003)

The purpose of the A-2 Limited Agricultural District is to:

(1)

Further the use of lands optimally suited to neither prime agricultural or subdivision uses because of location, topography, soil characteristics, wetness, vegetation or other natural or manmade factors.

(2)

Provide rural residential use on agricultural ground not likely to be served by public sewer, water or other municipal amenities where part of the parcel satisfies the requirements for a domicile while other parts may be retained for open space or limited agricultural purposes.

(3)

Provide areas where portions of the land may be kept open for the conservation and preservation of hilly areas, wetlands and other aquifer recharge and discharge areas, prairies, wooded regions, and other unique areas or to preserve open space, for either public or private benefit, and for the perpetuation of the diversity of natural ecological systems.

(4)

Provide lands for the opportunity to keep horses or other large animals and the right to practice, when compatible with residential uses in a limited area, agriculture, floriculture, horticulture, silvaculture, cultivation of field or garden crops or similar related uses.

(Ord. No. 2-12-2003, § 5.02A, 2-12-2003)

(a)

Generally. No land shall be used or occupied and no building, structure or premises shall be erected, altered, enlarged, occupied or used, except as otherwise provided in this article, for other than one or more of the following specified uses on parcels greater than five and less than ten acres:

(1)

Residential uses. Residential uses on parcels greater than five acres and less than ten acres are limited to one single-family detached dwelling.

(2)

Agricultural uses. Agricultural uses on parcels greater than five acres and less than ten acres include gardening including field crops, nurseries and greenhouses for private and wholesale use only and keeping of farm animals. Enclosed structures for the keeping of farm animals shall be no closer than 50 feet to any adjoining property line. There shall be not more than one animal unit per two acres or part thereof plus one additional animal unit per parcel. The following table shows the value in animal units for mature animals:

The city may determine the value in animal units for mature animals not listed in this section.

(b)

Special uses. In an A-2 Limited Agricultural District, the following uses and their accessory uses may be allowed by a special use permit issued in accordance with this chapter:

(1)

Similar and compatible uses to those allowed as permitted uses in this district.

(2)

ECHO housing.

(3)

Churches and other places of worship, provided the property has access to an adequate road system.

(4)

Railroad right-of way and passenger stations, but not including railroad yards and shops.

(5)

Floodway development, provided all requirements of the Federal Emergency Management Agency are met, all applicable permits obtained and copies of all plans and the permits are provided with applications for special use.

(6)

Public and quasi-public buildings and facilities, including, but not limited to, open areas, conservation areas and public centers, educational facilities, libraries and essential services, including, but not limited to, police and fire stations, cable television reception and transmission facilities, public utilities, gas regulator stations, telephone exchanges, electrical substations and sewage treatment plants.

(c)

Commercial uses. The following commercial uses are permitted:

(1)

Riding stables not nearer than 500 feet to any zoned residential district or 500 feet from any existing dwelling other than the dwelling of the owner or lessee of the site but not less than 100 feet from any property line of the owner or lessee of the site.

(2)

Kennels and veterinary establishments not nearer than 500 feet to any zoned residential district or 500 feet from any existing dwellings other than the dwelling of the owner or lessee of the site but not less than 100 feet from any property line of the owner or lessee of the site.

(3)

Greenhouses for retail use.

(4)

Nurseries for retail use.

(5)

Funeral homes and cemeteries.

(6)

Medical, dental and veterinary office when secondary to residence and attached or made a part thereof.

(d)

Temporary uses. The permitted temporary uses and structures for the A-2 district are the same as for the A-1 district.

(e)

Accessory uses and structures. Accessory structures and uses are allowed in this district provided a permit is issued and provided that they are operated and maintained under the same ownership, on the same lot and do not include structures or structural features inconsistent with the permitted use or special use. Accessory uses and structures permitted in the A-2 district are the same as those permitted in the A-1 district.

(Ord. No. 2-12-2003, § 5.02A—E, 2-12-2003)

A separate ground area of five acres or more must be provided and continuously maintained for each principal structure on land containing a permitted or special use. The lot width and setback requirements applicable to the A-1 district apply also to the A-2 district.

(Ord. No. 2-12-2003, § 5.02F, 2-12-2003)

The restrictions regarding farm buildings, parking of truck and recreational vehicles, and livestock management facilities (sections 44-33, 44-34, 44-35) applicable to A-1 districts apply to A-2 districts. In addition, tents shall not be erected, used or maintained on any lot except tents customarily used for temporary recreational purposes.

(Ord. No. 2-12-2003, § 5.02G, 2-12-2003)

The R-1 Residential Districts are established in order to protect public health and promote public safety, convenience, comfort, morals, prosperity, and welfare. These general goals include, among others, the following specific purposes:

(1)

To protect residential areas against fire, explosions, noxious fumes, offensive noise, smoke, vibrations, dust, odors, heat, glare and other objectionable factors.

(2)

To protect residential areas to the extent possible and appropriate in each area against unduly heavy motor vehicle traffic, especially through traffic, and to alleviate congestion by promoting off-street parking.

(3)

To protect and promote the public health and comfort by providing ample light and air to buildings and the windows thereof.

(4)

To promote public comfort and welfare by providing for useable open space on the same zoning lot with residential development.

(5)

To provide sufficient space in appropriate locations to meet the probable need for future residential expansions and to meet the need for necessary and desirable services in the vicinity of residences which increase safety and amenity for residents and which do not exert objectionable influences.

(6)

To promote the best use and development of residential land in accordance with a comprehensive land use plan to promote stability of residential development and protect the character and desirable development and to protect the value of land and improvements and so strengthen the economic base.

(Ord. No. 2-12-2003, § 6.01, 2-12-2003)

(a)

Generally. In an R-1 district, the following uses and their accessory uses are permitted outright:

(1)

One-family detached dwellings with no more than two accessory structures as defined herein.

(2)

Home occupations.

(3)

Truck gardening and other horticultural uses where no buildings are involved and where no sale of products is conducted on the premises.

(4)

Churches.

(5)

Convents, monasteries, rectories or parish houses to be occupied by not more than 15 persons.

(6)

Transitional uses, such as two-family dwellings, principle offices of physicians, dentists, lawyers, architects, real estate brokers, and other professional occupations, when conducted in a residential structure used primarily as a home and when located on lots having a side lot line adjoining a lot in a business or manufacturing district, or on lots having a side lot line adjacent to a railroad right-of-way or directly across a street or alley from a business or manufacturing district, provided that:

a.

The lot on which the transitional use is located does not extend more than 75 feet from the adjoining business or manufacturing district, or more than 120 feet in depth from the street line in cases where the lot does not adjoin but faces a business or manufacturing district.

b.

The home occupations are conducted in conjunction with the use of a dwelling unit as a home by the occupant thereof, with not more than two employees other than members of the related family, and that the residential character of the exterior of the dwelling is not changed.

(7)

Temporary buildings and uses for construction purposes for a period not to exceed one year.

(b)

Special uses. In an R-1 district, the following uses and their accessory uses may be allowed by a special use permit issued in accordance with this chapter:

(1)

Bus terminal, railroad passenger station, freight terminal or any other public transportation terminal facilities.

(2)

Clinic or medical center.

(3)

Cemeteries, crematories or mausoleums.

(4)

Golf courses, public and private.

(5)

Municipal or privately owned recreation building or community center.

(6)

Nursery school or day nursery.

(7)

Off-street parking areas and garages.

(8)

Police station or fire station.

(9)

Public buildings, including post office, library, museum or similar structures.

(10)

Public or private park or playground.

(11)

Public or privately owned and operated fairgrounds, permanent carnivals, kiddie parks or other similar amusement centers.

(12)

Public utility facilities, i.e., filtration plant, water reservoir or pumping station, heat or power plant, transformer station and other similar facilities.

(13)

Schools, elementary, high and college, public or private, but not including trade or commercial schools operated for profit.

(14)

Planned unit development.

(Ord. No. 2-12-2003, § 6.02A, B, 2-12-2003; Ord. No. 6-7-2006A, § 1, 6-7-2006)

(a)

Lot sizes. Every single-family detached dwelling erected or structurally altered in an R-1 district shall be on a lot having an area of not less than 9,000 square feet.

(b)

Yard areas. No building shall be erected or enlarged unless the following yards are provided and maintained in connection with the building, structure or enlargement.

(1)

Front yard. Each lot upon which a dwelling is constructed shall have a front yard of not less than 25 feet from the outermost portion of the face of the building (with the exception of eaves) to the property line. If 40 percent of existing buildings on one side of the street between intersecting streets have set back lines established less than 25 feet, new buildings need not set back more than the average of those already established, but in no event shall the setback be less than 15 feet, with the exception of corner lots. Corner lots must maintain the 25-foot front yard requirement at all times.

(2)

Side yard. On each lot upon which a dwelling is constructed, there shall be a side yard on each side not less than six feet from the solid foundation of the dwelling to the property line and at least three feet from the outer edge of any overhanging eaves of the building to the property line. Each side yard of a corner lot adjacent to a street shall be at least 15 feet from the solid foundation, or the outermost portion of the face, of the building with the exception of eaves to the property line.

(3)

Rear yard. Every lot or parcel of land upon which a building is constructed shall have a rear yard of not less than 25 feet on interior lots and 20 feet on corner lots. The minimum distance from the rear of any accessory building to the rear property line shall be at least eight feet.

(c)

Lot coverage (maximum area). Not more than 35 percent of the area of the zoning lot may be occupied by buildings or structures, including accessory buildings.

(d)

Permitted obstructions. The following may be located within or over required yards:

(1)

Terraces.

(2)

Awnings and canopies.

(3)

Chimneys, not exceeding three percent of the width of the yard.

(4)

Steps not over four feet in height.

(5)

Arbors and trellises.

(6)

Fences or walls not over six feet in height and located 18 inches inside of property line. Solid walls and all fences within 100 feet of an intersection of two roads shall not exceed three feet in height.

(7)

Fences in the front yard shall be decorative in nature (wood, stone, brick, split rail timbers, wrought iron), limited to three feet in height and set back 20 feet from the existing sidewalk or 35 feet from the nearest edge of the public road, most favorable side facing out.

(8)

Breezeways and open porches (rear yards only).

(9)

Open parking areas.

(e)

Dwelling sizes. Every single-family dwelling hereafter erected in any R-1 One-Family District shall have a total ground floor area of not less than 900 square feet measured from the outside of the exterior walls, including utility rooms, but excluding cellars, basements, open porches, breezeways, garages, and other spaces that are not used frequently or during extended periods for living, eating or sleeping purposes, and a minimum square footage of area on all other floors of at least 800 square feet.

(f)

Height of buildings. The maximum height of buildings permitted shall be as follows:

(1)

One-family detached dwellings: 25 feet, and not over 2½ stories.

(2)

Churches: 75 feet for towers or steeples but no more than 35 feet for the main structure.

(Ord. No. 2-12-2003, § 6.02C, 2-12-2003; Ord. No. 6-7-2006A, § 1, 6-7-2006)

(a)

Within the R-1 district, there shall be no more than five vehicles per residence parked on the lot on which the residence is located that are not parked in an enclosed building such as a garage that removes any the vehicles entirely from public view. For purposes of this section, each apartment within the R-1 district shall be considered a separate residence. Vehicles belonging to visitors that are parked on the premises for no more than 24 hours shall be exempt from this standard.

(b)

The owner of property on which a violation of this section shall be found to continue to exist after service of a five day written notice of the violation shall be liable for a fine of $75.00 for the first violation, $150.00 for the second violation, $300.00 for the third violation, and $500.00 for each subsequent violation. The owner shall also be liable for any and all attorney's fees and costs associated with enforcement of this article.

(Ord. No. 6-13-2001A, § 2, 6-13-2001)

The R-2 district is established for the same purposes as the R-1 district.

(a)

Generally. In the R-2 district, the following uses and their accessory uses are permitted outright:

(1)

Any use permitted in the R-1 One-Family Dwelling District.

(2)

Two-family dwellings.

(3)

Offices of physicians, dentists, lawyers, architects, real estate brokers and other professional occupations, including funeral homes when conducted in a residential structure providing the residential character of the building is not altered extensively.

(4)

Boardinghouses and lodginghouses.

(b)

Special uses. In an R-2 district, the following uses and their accessory uses may be allowed by a special use permit issued in accordance with this chapter:

(1)

Any special use permitted in the R-1 district.

(2)

Rest homes and nursing homes.

(3)

Telephone exchange, antenna towers, and other outdoor equipment essential to the operation of the exchange.

(4)

Planned unit development.

(Ord. No. 2-12-2003, § 6.03A, B, 2-12-2003; Ord. No. 6-7-2006A, § 2, 6-7-2006)

(a)

Height of buildings. No building shall hereafter be erected or structurally altered to exceed three stories, nor shall it exceed 45 feet in height.

(b)

Lot size. Every single-family detached dwelling hereafter erected or structurally altered shall be on a lot having an area of not less than 9,000 square feet. Semi-detached dwellings and duplexes shall have a minimum lot area of 5,000 square feet of area per family.

(c)

Lot coverage. Not more than 40 percent of the area of a lot may be covered by buildings or structures.

(d)

Yard areas. No building or structure or enlargement of any building or structure shall be hereafter erected or maintained unless the following criteria are met in connection with the structure or enlargement:

(1)

Front yard. The same regulations shall apply as are required in the R-1 district.

(2)

Side yards. For one- and two-family dwellings the same regulations shall apply as are required in the R-1 district. For one-family row dwellings the same regulations shall apply as required in the R-1 district except that there may be not less than 15 feet between adjacent row buildings.

(3)

Rear yards. The same regulations shall apply as required in the R-1 district.

(e)

Dwelling sizes. For one-family dwellings, the same regulations shall apply as are required in the R-1 district. Two-family dwellings and one-family row dwellings must have a total floor area of not less than 800 square feet per floor.

(Ord. No. 2-12-2003, § 6.03, 2-12-2003; Ord. No. 6-7-2006A, § 2, 6-7-2006)

The multiple dwelling unit district is designed for multifamily dwellings and apartments with three or more units and not more than ten units in a building and single-family attached dwellings of three or more units and not more than six units in a building. The multiple dwelling unit district shall be serviced by the municipal sewer and water system.

(Ord. No. 2-12-2003, § 6.04, 2-12-2003; Ord. No. 6-7-2006A, § 3, 6-7-2006)

(a)

Generally. The following uses are permitted in the R-3 district:

(1)

Any use permitted in the R-1 and R-2 districts.

(2)

Multiple-family dwellings and apartments having at least three but not more than ten units in a building.

(3)

Single-family attached dwellings having at least three but no more than six units in a building.

(4)

Home occupations as defined herein.

(b)

Special uses. In the R-3 district, the following uses may be permitted by a special use permit:

(1)

Art galleries and museums.

(2)

Churches, rectories and parish houses.

(3)

Convents, monasteries and seminaries.

(4)

Community buildings and social and recreational centers of a community nature and operated not for profit.

(5)

Public facilities such as police and fire stations, community water works.

(6)

Hospitals and health centers, public or private.

(7)

Libraries.

(8)

Multiple-family attached dwellings having more than ten units per building.

(9)

Single-family attached dwellings having more than six units in a building.

(10)

Institutions for the care of the elderly and for children, including nursing homes.

(11)

Planned unit development.

(Ord. No. 2-12-2003, § 6.04B, 2-12-2003; Ord. No. 6-7-2006A, § 3, 6-7-2006)

For single-family detached dwellings the requirements of the R-1 district shall apply. For two-family dwellings the requirements of the R-2 district shall apply. For single-family attached and multifamily dwellings the following shall apply:

(Ord. No. 2-12-2003, § 6.04C(1), 2-12-2003; Ord. No. 6-7-2006A, § 3, 6-7-2006)

The front yard setback shall be 35 feet. Side and rear yard setbacks shall be ten feet.

(Ord. No. 2-12-2003, § 6.04C, 2-12-2003; Ord. No. 6-7-2006A, § 3, 6-7-2006)

The mobile home park district is established as a means of providing balance and variety to dwelling types available while still maintaining the integrity of existing and proposed residential neighborhoods and preserving to the maximum extent possible outstanding natural features. Mobile home park regulations are designed to provide adequate standards to protect the public health, safety, convenience, and welfare of the residents.

(Ord. No. 2-12-2003, § 6.05A, 2-12-2003)

(a)

Generally. In an MHP district, the following uses and their accessory uses are permitted outright:

(1)

Single-family dwellings.

(2)

Public parks, playgrounds, athletic fields, forest preserves.

(3)

Home occupations.

(4)

Golf courses.

(5)

Mobile home parks which comply with the below stated mobile home park regulations.

(b)

Special uses. In an MHP district, the following uses and their accessory uses may be allowed by a special use permit issued in accordance with this chapter:

(1)

Civic buildings.

(2)

Nursery schools, preschools, and day care centers.

(3)

Public and private utility facilities.

(4)

Religious institutions.

(c)

Mobile home accessory uses. Allowable accessory uses include, but are not limited to, the following:

(1)

Terraces.

(2)

Awnings and canopies.

(3)

Arbors and trellises.

(4)

Decorative fences or wall in a front yard so long as not more than three feet in height and not constructed of chainlink or woven wire.

(5)

Fences or walls in rear or side yard not over six feet in height.

(6)

Breezeways and open porches.

(7)

Accessory storage buildings provided that the storage building does not exceed 100 square feet and does not exceed eight feet in height and the building is fully enclosed and securely anchored to a concrete slab or concrete foundation.

(Ord. No. 2-12-2003, § 6.05B, C, E(11), 2-12-2003)

The minimum lot size in an MHP district is three acres.

(Ord. No. 2-12-2003, § 6.05D, 2-12-2003)

Each mobile home park shall have a total lot area of not less than three contiguous acres under single ownership or unified control.

(Ord. No. 2-12-2003, § 6.05E(2), 2-12-2003)

Every mobile home park shall be located on a well-drained area and be properly graded so as to prevent the accumulation of storm or other wastes. No mobile home or mobile home park shall be located in any area that is situated so that drainage of contaminated liquids or solids can be deposited on its location.

(Ord. No. 2-12-2003, § 6.05E(3), 2-12-2003)

Every mobile home site shall abut upon a roadway within the mobile home park. A two-way street must be at least 32 feet in width if parking is permitted on both sides; 25 feet in width if parking is permitted on only one side; or 18 feet in width if parking is prohibited. A one-way street must be at least 14 feet in width if parking is prohibited. All streets shall be paved with asphalt or concrete, maintained in good condition, adequately lighted and provided with adequate storm drainage.

(Ord. No. 2-12-2003, § 6.05E(4), 2-12-2003)

Each mobile home park must be fenced against all public highways or thoroughfares with a woven wire or solid fence of a minimum height of 48 inches. There shall be provided a screening buffer strip along the boundary of the mobile home park where it abuts a residential district. The screening shall be at least five feet in height. The strip shall be a densely planted hedge or shrubbery so as to effectively cause a visual barrier and still allow a breeze to pass.

(Ord. No. 2-12-2003, § 6.05E(5), 2-12-2003)

Recreation facilities such as playgrounds, swimming pools or tot lots shall be provided to meet the needs of the clientele that the park is designed to serve.

(Ord. No. 2-12-2003, § 6.05E(6), 2-12-2003)

A minimum of 500 square feet per mobile home site, exclusive of that provided for individual mobile home spaces and buffers, shall be required for the purpose of providing open space and recreational areas for the residents of the mobile home park.

(Ord. No. 2-12-2003, § 6.05E(7), 2-12-2003)

(a)

Site size; units per site. Every mobile home site shall have a minimum size of 3,000 square feet. Only one mobile home shall be placed on each site.

(b)

Setbacks. Every mobile home site shall be setback from public streets a minimum of 75 feet from the right-of-way and from internal roads a minimum of 25 feet from the right-of-way.

(c)

Yards. Every mobile home site shall have minimum yard space extending from the mobile home of 30 feet for the front yard, 16 feet for side yards, and 30 feet for the rear yard. A minimum of ten feet of yard space shall extend from any accessory building.

(d)

Building height. The maximum building height shall be 15 feet.

(e)

Home size. Mobile homes shall have a gross floor area of 700 square feet or more.

(f)

Additions. No addition to a mobile home shall be greater than the area in square feet of the existing mobile home. No addition or alteration to the mobile home shall exceed in height the height of the existing mobile home. Any addition to a mobile home shall be deemed a part of the mobile home and shall conform to the same setbacks of the existing mobile home and shall conform to other above stated regulations.

(Ord. No. 2-12-2003, § 6.05E(8)(c)—(f), (9)(a)—(b), (10), 2-12-2003)

Mobile home parks, subject to the rules and restrictions outlined below, shall be used to lease mobile homes for occupancy or lease mobile home sites where tenants may place a mobile home. Within a mobile home park leases for occupancy of a mobile home or a mobile home site shall be for rental periods not to exceed 18 months.

(Ord. No. 2-12-2003, § 6.05E(1)(a), 2-12-2003)

No mobile home sites may be individually sold. In addition, a mobile home park may not be used as a campground or for transient occupancy. Occupants of a mobile home park must be offered a lease for not less than 12 months.

(Ord. No. 2-12-2003, § 6.05E(1)(b), (c), 2-12-2003)

Unoccupied mobile homes and other types of vehicles may not be located on a mobile home park for the purpose of inspection or sale except that mobile homes affixed to a mobile home site as required below for occupancy may be sold or offered for sale and incidental sales of personally owned vehicles by occupants of a site in a mobile home park are permitted.

(Ord. No. 2-12-2003, § 6.05E(1)(d), 2-12-2003)

At least two off-street hard-surfaced parking spaces shall be provided for each mobile home lot. The size of each space must be at least eight feet by 20 feet.

(Ord. No. 2-12-2003, § 6.05E(8)(a), 2-12-2003)

Each mobile home site shall have utility hookups to water, sewer and electricity. Water and sewer systems comply with all city ordinances.

(Ord. No. 2-12-2003, § 6.05E(8)(b), 2-12-2003)

(a)

Minimum housing standards. Each mobile home must contain electrical, water and heating systems, a kitchen, a flush toilet, a bedroom, and a shower or bath, all in livable and operable condition.

(b)

Foundation. Each mobile home must be set on a concrete slab or concrete piers equal in size of the mobile home and with sufficient strength to withstand the weight of the mobile home.

(c)

Tie-downs. Tie-downs are required for each mobile home. Each tie-down shall be well anchored and withstand a minimum tensile strength of 4,800 pounds. A minimum of four tie-downs shall be provided at each lot.

(d)

Skirting. Vented skirting of nonflammable material for mobile homes is required. Areas enclosed by the skirting shall be maintained so as not to provide a harborage for rodents or create a fire hazard. It is also recommended that insulation be provided inside the skirting to prevent the freezing of pipes.

(e)

Compliance required for occupancy. No mobile home shall be occupied for dwelling purposes until it is properly placed on a mobile home site and connected to water, sewerage, electrical and other utilities and complies with all provisions of this article.

(Ord. No. 2-12-2003, § 6.05E(9)(c)—(g), 2-12-2003)

In every mobile home park there shall be a mobile home park manager in charge of the park. The manager shall:

(1)

Keep a register that is to be open at all reasonable times and upon reasonable notice to inspection by appropriate state and local officials of all owners and occupants of homes located in the park.

(2)

Maintain the mobile home park in a clean, orderly and sanitary condition at all times and ensure that sanitation pickup service for all residents is provided on at least a weekly basis.

(3)

Cooperate with local health officials in all cases of persons or animals infected or suspected of being infected with communicable disease.

(4)

Prohibit abandoned or junk vehicles.

(5)

Prohibit parking of motor homes except for short time visitors.

(6)

Prohibit burning of trash.

(7)

Post copies of mobile home park regulations at one or more conspicuous places in the mobile home park where they can be easily seen by the mobile home park personnel and visitors.

(Ord. No. 2-12-2003, § 6.05E(12), 2-12-2003)

(a)

Jurisdictional applicability. This section, as it relates to mobile homes and mobile home parks, applies to both territory within the city corporate limits and territory outside the corporate limits but zoned by the city.

(b)

Mobile home permit required. Before any new mobile home is moved into a mobile home park and before any construction on a mobile home lot or any structural addition or alteration to the exterior of a mobile home, a mobile home permit must be obtained.

(c)

Building or zoning permit required. Prior to construction or modification of a mobile home park, the mobile home park owner must obtain a mobile home park building permit if the construction is to occur within the corporate limits, or a mobile home park zoning permit if the construction is to occur outside the corporate limits in an area zoned by the city. An application for obtaining a building permit must illustrate compliance with this chapter and any other applicable law, ordinance or regulation. An application for obtaining a zoning permit must illustrate compliance with this chapter.

(d)

Content of building permit application. A building permit application must provide as follows:

(1)

A complete plan of the mobile home park drawn on a topographic map at a scale of not less than one inch equals 200 feet.

(2)

The number, location, and dimensions of all mobile home lots.

(3)

The location and width of roadways, walkways, easements, setback lines, planting strips, and recreation areas.

(4)

The location of automobile parking areas and service buildings, if provided.

(5)

The location and size of utility service lines, wells, on-site septic systems, electrical, telephone and fuel.

(6)

Plans and specifications of all buildings and other improvements constructed, or to be constructed, within the mobile home park, including a detailed sketch of a typical mobile home lot.

(e)

Procedure. Procedure for obtaining and displaying permits as to mobile homes and mobile home parks within the corporate limits shall be the same as for building permits.

(Ord. No. 2-12-2003, § 16.06, 2-12-2003)

The B-1 Central Business District is designed to allow for a mixture of retail, specialty and office uses, and zoning regulations for this district shall recognize the historic significance and special layout of the original central business district and immediately surrounding adjacent areas in the city.

(Ord. No. 2-12-2003, § 7.02A, 2-12-2003)

(a)

Building height. No building or structure shall exceed 35 feet or three levels, not including a basement, whichever is less.

(b)

Floor area. The floor area ratio shall not exceed 1.0.

(c)

Lot size. There is no minimum required area or width for lots in this district.

(d)

Front yards. Front yards shall not be required, unless any adjacent lot has a front yard established in which case the front yard shall not be less than the average depth of the front yards of the adjacent lots.

(e)

Side yards. Side yards shall not be required, unless any adjacent lot has a side yard established, in which case the side yard shall be not less than the average depth of the side yards of the adjacent lots.

(f)

Rear yards. Rear yard shall be not less than 20 feet in depth.

(Ord. No. 2-12-2003, § 7.02B, 2-12-2003)

(a)

Generally. The following uses are permitted in B-1 districts:

(1)

Art galleries, museums and other semi-public indoor exhibition uses, but not including auction rooms.

(2)

Catering establishments.

(3)

Banks and financial institutions.

(4)

Establishments for educational services, including trade schools, dancing, music and singing schools.

(5)

Establishments for personal services, including hairstyling, clothes cleaning and shoe repair.

(6)

Meat markets, including markets for sale of meat and meat products to restaurants, hotels, clubs and other similar establishments when conducted as part of the retail business on the premises.

(7)

Offices for business and professional use, including doctor, attorney, insurance, financial establishments and real estate.

(8)

Offices for commercial services, including advertising, radio, television, newspapers, interior decorating and printing.

(9)

Restaurants, including the sale of liquor in conjunction therewith.

(10)

Stores for retail sales of household goods, garden supplies, sporting goods, and personal products, including food, drugs, alcoholic beverages, clothing, furniture, appliances, hardware, gifts, specialty items, antiques and supplies.

(11)

Taverns.

(12)

Single-family or multiple-family dwellings are permitted but only on the second and third floor of buildings located in the central business district.

(b)

Special uses. In a B-1 district, the following uses and their accessory uses may be allowed by a special use permit issued in accordance with this chapter:

(1)

Establishments for machinery and appliance repair and for retail gasoline sales, including automotive repair.

(2)

Facilities for indoor entertainment and recreation, including theater, bowling alley, pool hall, roller skating rinks and private clubs, including game rooms or amusement centers.

(3)

Nursery schools.

(4)

Day care centers.

(5)

Messenger services.

(6)

Firearm and gun stores.

(7)

Senior citizen housing and retirement homes.

(8)

Public utility and public service uses, including fire stations, police stations, electric substations, telephone exchanges, and transit and transportation facilities.

(9)

Planned unit developments

(Ord. No. 2-12-2003, § 7.02C, D, 2-12-2003)

(a)

Business to be conducted indoors; exceptions. All business, service, storage, merchandise, display, and, where permitted, repair and processing shall be conducted wholly within an enclosed building, except as otherwise permitted herein for specified uses such as off-street automobile parking, off-street loading, open sales lots or outside storage in districts and for activities where they are permitted.

(b)

Goods to be new and sold at retail; exceptions. Goods sold shall consist primarily of new merchandise, and any goods produced on the premises shall be sold at retail on the premises unless otherwise permitted herein for specified uses.

(c)

Nuisance processes and equipment prohibited. Processes and equipment employed and goods processed or sold shall be limited to those which are not objectionable by reason of odor, dust, smoke, cinders, gas, noise, vibration, refuse matter or water-carried waste.

(Ord. No. 2-12-2003, § 7.01, 2-12-2003)

The B-2 Community Business District is designed to allow for the development of single or clustered commercial activities outside of the historic, central business district within the city and to compliment this district while, at the same time, to create opportunities for the provision of business services for the city as a whole.

(Ord. No. 2-12-2003, § 7.03A, 2-12-2003; Ord. No. 8-13-2003A, § 1, 8-13-2003)

(a)

Building height. No building or structure shall exceed 60 feet or five levels, not including a basement, whichever is less.

(b)

Floor area. The floor area ratio shall not exceed 1.0.

(c)

Lot size. No lot shall be less than 5,000 square feet.

(d)

Front yard. Front yard shall not be less than ten feet in depth.

(e)

Side yard. Side yards shall be as follows:

(1)

If a side lot line coincides with a side lot line in an adjacent residential district, a side yard shall be provided on the B-2 district premises in accordance with the requirements under this article for the residential use on the adjacent residential lot.

(2)

A side yard adjoining a street shall be not less than ten feet in width.

(3)

A side yard shall otherwise be not less than five feet.

(f)

Rear yard. The rear yard shall not be less than 20 feet in depth.

(Ord. No. 2-12-2003, § 7.03B, 2-12-2003; Ord. No. 8-13-2003A, § 1, 8-13-2003)

(a)

Generally. The following uses are permitted in B-2 districts:

(1)

Dwelling units or lodging rooms may be permitted only for hotel/motel use.

(2)

All uses permitted in the B-1 district are also permitted in the B-2 district.

(3)

Bakeries which employ not more than eight persons and where not more than 50 percent of the floor area is devoted to processing.

(4)

Bicycle stores for sales, repair or rental.

(5)

Camera and photographic supply stores.

(6)

Carpet and rug stores.

(7)

China and glassware stores.

(8)

Coin and philatelic stores.

(9)

Currency exchanges.

(10)

Custom dressmaking.

(11)

Department stores.

(12)

Dry-goods stores.

(13)

Flower stores.

(14)

Furrier shops, including the incidental storage and conditioning of furs.

(15)

Hotels, including dining and meeting rooms, provided that businesses shall not occupy space fronting on a hotel hall or lobby.

(16)

Laboratories for medical, dental research or testing purposes.

(17)

Laundries of an automatic self-service or hand wash type.

(18)

Loan offices.

(19)

Locksmith shops.

(20)

Mail order service stores.

(21)

Physical culture and health services, gymnasiums, reducing salons and tanning salons.

(22)

Post offices.

(23)

Sewing machine sales and service, household machines only.

(24)

Adult uses.

(b)

Special uses. In a B-2 district, the following uses and their accessory uses may be allowed by a special use permit issued in accordance with this chapter:

(1)

All special uses allowed in the B-1 district, excluding those that are otherwise listed as permitted uses in the B-2 district.

(2)

Automobile accessory shops.

(3)

Churches, temples, monasteries, convents, theological schools, rectories and parish houses.

(4)

Health centers.

(5)

Municipal water filtration plants, pumping stations, reservoirs and sewage treatment plants.

(6)

Public libraries.

(7)

Parking lots and storage garages for motor vehicles under 1½ tons capacity only.

(8)

Planned unit developments.

(9)

Radio and television towers.

(10)

Recreational buildings and community centers.

(11)

Wholesale establishments.

(12)

Medical cannabis dispensary, adult-use dispensing organization.

(c)

Existing structures. For any building existing on the effective date of the ordinance from which this article is derived, that was originally designed and built as a single-family dwelling, one dwelling unit may be provided and used as a single-family dwelling by the owner of record and his immediate family, provided that the dwelling unit shall be on the second floor above ground level and yards shall be provided in the same manner as required for in R-1 districts.

(Ord. No. 2-12-2003, § 7.03C, 2-12-2003; Ord. No. 8-13-2003A, § 1, 8-13-2003; Ord. No. 12-11-2019(B), § 3, 12-11-2019)

The business operation restrictions applicable to B-1 districts are applicable also to B-2 districts.

Dwelling units and lodging rooms other than the watchman's quarters and those specifically permitted by special use permit are not permitted.

(Ord. No. 2-12-2003, § 8.01A, 2-12-2003)

All serving or processing businesses, except for off-street parking and loading, shall be within completely enclosed buildings unless otherwise specifically permitted by other provisions of this article.

(Ord. No. 2-12-2003, § 8.01B, 2-12-2003)

All storage, except for motor vehicles in operable condition, shall be within completely enclosed buildings or effectively screened by a solid wall or fence including solid entrance and exit gates, not less than six feet or more than eight feet in height and higher than any stacked goods in any instance. Goods shall be stacked no higher than eight feet.

(Ord. No. 2-12-2003, § 8.01C, 2-12-2003)

(a)

Measurement. Noise levels shall be measured with a sound level meter and associated octave bank filter manufactured according to standards prescribed by the American Standards Association. Measurements shall be made using the flat network of sound level meter and shall include continuous noise and those noises which shall cause rapid fluctuations of the needle of the sound level meter with a variation of not more than plus or minus two decibels. Noise incapable of being so measured shall be measured with an impact noise meter manufactured by the general radio company, or its equivalent, and shall comply with the applicable performance standards for noise.

(b)

Maximum permissible noise level. At no point on the boundary of a residence or business district shall the sound pressure level of any individual operation or plant other than background noises produced by sources not under control of this article, such as operation of motor vehicles or other transportation facilities, exceed the decibel levels in the designated octave bands shown in the following table:

(c)

Vibration. No industrial operation or activity except those not under the direct control of the proprietor shall cause at any time ground-transmitted vibrations in excess of the limits set forth in this subsection. Vibration shall be measured at any point along a residential district boundary with a three component measuring instrument approved by the zoning administrator and shall be expressed as displacement in inches.

(Ord. No. 2-12-2003, § 8.02A, B, 2-12-2003)

(a)

Emission prohibited. The emission of smoke or particulate matter in the manner or quantity as to endanger or to be detrimental to the public health, safety, comfort or welfare is unlawful. The emission of smoke or particulate matter of density greater than No. 2 on the Ringelmann Chart, or in quantity of more than eight smoke units per hour per stack, is prohibited at all times except as otherwise provided in this section.

(b)

Air pollution. Dust and other types of air pollution, borne by wind from the various sources as storage areas, yards, roads and the like within lot boundaries, shall be kept to a minimum by appropriate landscaping, paving, oiling, fencing or other acceptable means.

(c)

Exception. During a single one-hour period in each 24-hour day, and only during that length of time, each stack may exceed their limits when blowing soot or cleaning fires. Smoke of Ringelmann No. 3 density or greater shall then be permitted for not more than three minutes per period.

(d)

Measurement. For the purpose of grading the density of smoke, the Ringelmann Chart published by the U.S. Bureau of Mines shall be employed. The rate of emissions of particulate matter from all sources within the boundaries of any lot shall not exceed a net figure of one pound per acre of lot area during any one hour.

(Ord. No. 2-12-2003, § 8.02C, 2-12-2003)

No use for any period of time shall discharge across the boundaries of the lot wherein it is located toxic or noxious matter in the concentration as to be a nuisance or detrimental to or endanger the public health, safety, comfort or welfare or cause injury or damage to property or business.

(Ord. No. 2-12-2003, § 8.02D, 2-12-2003)

The emission of odorous matter in the concentrations as to be readily detectable at any point along the boundaries of the property or in the concentrations as to create a nuisance or hazard beyond the boundaries is prohibited.

(Ord. No. 2-12-2003, § 8.02E, 2-12-2003)

The storage, utilization or manufacture of solid materials or products ranging from incombustible to moderate burning is permitted. The storage, utilization or manufacture of solid materials or products ranging from free to active burning is permitted provided the following conditions are met:

(1)

The materials or products shall be stored, utilized or manufactured within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the city and the national fire protection association.

(2)

All the buildings shall be set back at least 40 feet from all lot lines.

(3)

All the buildings shall be protected throughout by an automatic fire extinguishing system installed in accordance with the standards and regulations of the city and the national fire protection association.

(Ord. No. 2-12-2003, § 8.02F(1), (2), 2-12-2003)

(a)

The storage, utilization and manufacture of flammable liquids or materials which produce flammable or explosive vapors under ordinary weather temperatures shall be permitted in accordance with the limitations in this section, exclusive of storage in underground tanks and exclusive of storage of finished products in original sealed containers.

(b)

The materials or products shall be stored, utilized or manufactured within completely enclosed buildings or structures having incombustible exterior walls and handled in accordance with the standards and regulations of the city and the national fire protection association.

(c)

All the buildings shall be set back at least 40 feet from all lot lines or in lieu thereof shall be protected by an automatic fire extinguishing system installed in accordance with standards and regulations of the city and the national fire protection association.

(d)

The storage of flammable liquids in excess of the following quantities shall not be permitted:

(Ord. No. 2-12-2003, § 8.02F(3), 2-12-2003)

Activities involving the storage or manufacture of materials or products which decompose by detonation are not permitted in the CM district.

(Ord. No. 2-12-2003, § 8.02F(4), 2-12-2003)

Any operations producing intense glare, heat or flash shall be performed within a completely enclosed building in such manner as not to create a nuisance or hazard along lot lines.

(Ord. No. 2-12-2003, § 8.02F(5), 2-12-2003)

Airborne radioactive materials shall not exceed, at any point on or beyond the lot line, the lowest concentration permitted for the general population by applicable federal and state laws and regulations in effect. No activity involving radiation hazards shall be permitted which at any point on or beyond the lot line emits radiation in excess of the smallest amount permitted in the applicable federal and state laws and regulations.

(Ord. No. 2-12-2003, § 8.02F(6), 2-12-2003)

The CM Commercial Manufacturing District is designed primarily for production, processing, cleaning, serving, testing, repairs or storage of materials, goods or products, except those uses involving the storage, utilization or manufacture of materials or products which decompose by detonation, which shall not be injurious or offensive to the occupants of adjacent premises by reason of emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious matters, odors, fire, glare, heat or flash. Additionally, this district is designed to accommodate those commercial establishments which are not properly found in a central business district.

(Ord. No. 2-12-2003, § 8.03A, 2-12-2003)

(a)

Building height. No building or structure shall exceed 40 feet in height except that the following buildings and structures (and any infrastructure related to them) may be erected above the height herein prescribed: penthouses for roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the structure, and fire or parapet walls, skylights, steeples, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, electric and telephone service poles, water tanks, silos, bins, storage hoppers, elevators or similar structures.

(b)

Floor area. The floor area ratio shall not exceed 0.50.

(c)

Lot size. Each zoning lot shall contain at least 10,000 square feet and be at least 75 feet in width at the building set back line.

(d)

Yards. For buildings over 25 feet in height, all minimum yard requirements specified in this subsection shall be increased one foot for every foot over 25 feet of building height. Minimum yard requirements are as follows:

(1)

Front yard. There shall be a front yard having a depth of not less than 40 feet. Lots on a corner or double-frontage lots shall be required to provide front yards on each street side of lot.

(2)

Rear yard. There shall be a rear yard having a depth of not less than 20 feet.

(3)

Side yards. There shall be side yards having a depth of not less than 20 feet.

(e)

Landscaped surface ratio. The landscaped surface ratio shall be no less than 0.30.

(Ord. No. 2-12-2003, § 8.03B, 2-12-2003; Ord. No. 02-11-2015(A), § 1, 2-11-2015)

The following uses of land and buildings shall be permitted in the CM district:

(1)

Agricultural equipment sales and services, exterior storage and display equal to not more than 50 percent of the zoning lot and in compliance with front yard requirements.

(2)

Air conditioning and heating sales and service.

(3)

Amusement establishments, including carnivals, kiddie parks, miniature golf courses, driving ranges and other similar outdoor amusement facilities.

(4)

Animal hospitals, kennels or pounds.

(5)

Auction rooms.

(6)

Automobile uses, as follows:

a.

Accessory shops.

b.

Dealers.

c.

Glass and muffler installation shops.

d.

Laundries.

e.

Service garages and body repair shops.

f.

Storage lots.

(7)

Bakeries, including the sale of bakery products to restaurants, hotels, clubs and other similar establishments when conducted as part of a retail business on the premises.

(8)

Banks and financial institutions.

(9)

Battery and tire service stations.

(10)

Banquet, convention and exhibition halls.

(11)

Blueprint and photocopying shops.

(12)

Body shops.

(13)

Bowling alleys.

(14)

Building materials, sales yards and storage (outside storage shall not exceed 16 feet in height).

(15)

Business machine uses, as follows:

a.

Sales store.

b.

Service shops.

c.

Manufacturing.

d.

Warehousing.

(16)

Cabinet shops.

(17)

Camping equipment sales and storage.

(18)

Carpet sales and storage and cleaning.

(19)

Cartage and express facilities.

(20)

Casket and casket supply sales.

(21)

Cemetery monument works.

(22)

Cleaning and laundering shops.

(23)

Contractor or construction offices.

(24)

Data processing centers.

(25)

Drug stores.

(26)

Dying shops.

(27)

Electrical repair shops.

(28)

Electronic component manufacturing, piece work and repairs.

(29)

Farm implement sales shops.

(30)

Feed and seed stores.

(31)

Food storage lockers.

(32)

Freight warehousing.

(33)

Furnace sales and service.

(34)

Furniture sales and warehousing.

(35)

Garages and parking lots, other than accessory.

(36)

Grain elevators, storage and processing.

(37)

Greenhouses, wholesale and retail.

(38)

Human clinics.

(39)

Ice cream and milk processing.

(40)

Laboratories (medical, dental, research, experimental and testing).

(41)

Machinery and equipment shop for retail sales, provided:

a.

No service repair or reconditioning performed therein; and

b.

Storage of all machinery must be within enclosed buildings.

(42)

Offices.

(43)

Pet shops.

(44)

Precision instruments sales and manufacturing.

(45)

Publishing house.

(46)

Rail freight stations and yards.

(47)

Recreational facilities.

(48)

Rental shops.

(49)

Restaurants, (including the sale of liquor therewith)

(50)

Roller rinks.

(51)

Sales lots.

(52)

Service stations.

(53)

Shoe manufacturing.

(54)

Taxi stands, offices and garages.

(55)

Temporary buildings for construction purposes.

(56)

Trailer sales and service.

(57)

Truck sales, storage and repair.

(58)

Upholstery shops.

(59)

Vocational schools.

(60)

Warehousing, distribution and otherwise.

(61)

Public and community service uses, as follows:

a.

Bus terminals, bus garages, bus lots.

b.

Street car terminals.

c.

Electric substations.

d.

Fire stations.

e.

Municipal or privately-owned recreation buildings or community centers.

f.

Parks and recreation areas.

g.

Police stations.

h.

Telephone exchanges.

i.

Water filtration plants.

j.

Water pumping stations.

k.

Water storage tanks.

l.

Water reservoirs.

(62)

Watchmen dwelling units for watchmen and their families when located on the premises where they are employed in the capacity.

(Ord. No. 2-12-2003, § 8.03C, 2-12-2003)

In a CM district, the following uses of land and buildings may be allowed by a special use permit issued in accordance with this chapter:

(1)

Airport or aircraft landing fields.

(2)

Blacksmith or welding shops.

(3)

Catering establishments.

(4)

Churches, temples, synagogues, parish houses, rectories, convents, monasteries.

(5)

Clubs, lodges (nonprofit), fraternal or religious institutions.

(6)

Department stores.

(7)

Dog kennels.

(8)

Electric motor and generator manufacturing.

(9)

Employment agencies.

(10)

Exterminating shops.

(11)

Food mills and packing.

(12)

Gypsum products.

(13)

Hardware stores.

(14)

Hospitals, sanitariums, alcohol/drug rehabilitation centers.

(15)

Hotels/motels.

(16)

Leather goods processing and sales.

(17)

Libraries.

(18)

Livestock depots and buying or sales yards.

(19)

Machine shops.

(20)

Manufacturing of products involving processes using incombustible to moderate burning materials.

(21)

Meat processing.

(22)

Museums.

(23)

News agency.

(24)

Office supplies.

(25)

Orthopedic and medical appliance stores.

(26)

Paint and wallpaper sales and manufacturing.

(27)

Paper products manufacturing.

(28)

Photo processing.

(29)

Planned unit developments.

(30)

Poultry processing and sales.

(31)

Print shops.

(32)

Race tracks.

(33)

Radio stations.

(34)

Radio and television towers.

(35)

Recycling centers.

(36)

Sewage treatment plants.

(37)

Sewing machine sales and service.

(38)

Shoe repair.

(39)

Stadiums, auditoriums and arenas.

(40)

Structural steel processing.

(41)

Taverns.

(42)

Theaters, drive-in.

(43)

Toy shops.

(44)

Travel bureaus.

(45)

TV sales and repair.

(46)

Woodworking.

(47)

Medical cannabis dispensary, medical cannabis cultivation center, adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization and transportation organization.

(Ord. No. 2-12-2003, § 8.03D, 2-12-2003; Ord. No. 12-11-2019(B), § 4, 12-11-2019)

The M-1 Manufacturing District is designed primarily for those industries which may produce greater hazards or nuisance and for areas that are relatively isolated from residential and commercial districts.

(Ord. No. 2-12-2003, § 8.04A, 2-12-2003)

(a)

Building height. No building or structure shall exceed 40 feet in height except that the following buildings and structures (and any infrastructure related to them) may be erected above the height herein prescribed: penthouses for roof structures for the housing of elevators, stairways, tanks, ventilating fans, or similar equipment required to operate and maintain the structure, and fire or parapet walls, skylights, steeples, flagpoles, chimneys, smokestacks, radio and television aerials, wireless masts, electric and telephone service poles, water tanks, silos, bins, storage hoppers, elevators or similar structures.

(b)

Floor area. The floor area ratio shall not exceed 0.40.

(c)

Lot size. Each zoning lot shall contain at least 10,000 square feet and shall be at least 75 feet in width at the building setback line.

(d)

Yard requirements. For buildings over 25 feet in height, all minimum yard requirements specified in this subsection shall be increased one foot for every foot over 25 feet of building height. Minimum yard requirements are as follows:

(1)

Front yard. There shall be a front yard having a depth of not less than 40 feet. Lots on a corner or double-frontage lots shall be required to provide front yards on each street side of lot.

(2)

Rear yard. There shall be a rear yard having a depth of not less than 20 feet.

(3)

Side yard. There shall be side yards having a depth of not less than 20 feet.

(e)

Landscaped surface ratio. The landscaped surface ratio shall be no less than 0.30.

(Ord. No. 2-12-2003, § 8.04B, 2-12-2003; Ord. No. 02-11-2015(A), § 1, 2-11-2015)

The following uses are permitted in M-1 Manufacturing Districts:

(1)

Amusement establishments.

(2)

Body shops.

(3)

Brick and structural clay products manufacturing.

(4)

Business machine manufacturing.

(5)

Chemical processing.

(6)

Concrete and clay works.

(7)

Electronic component manufacturing and piece work.

(8)

Electroplating.

(9)

Food mills, manufacturing, packaging and processing.

(10)

Foundries.

(11)

Grain storage.

(12)

Graphite products manufacturing.

(13)

Gravel and stone processing.

(14)

Gypsum manufacturing.

(15)

Heavy machinery manufacturing.

(16)

Laboratories.

(17)

Machine shops.

(18)

Manufacturing products and processes involving incombustible to moderate burning materials.

(19)

Meat processing, packing and slaughter houses.

(20)

Metal reduction and refinement.

(21)

Milk and ice cream processing.

(22)

Office buildings.

(23)

Paint and wallpaper manufacturing.

(24)

Paper products manufacturing.

(25)

Plastic processing.

(26)

Poultry processing.

(27)

Public utility garages and storage.

(28)

Research and development laboratories.

(29)

Soap manufacturing.

(30)

Steel and concrete products works.

(31)

Stockyards.

(32)

Stone, marble and granite grinding.

(33)

Structural steel manufacturing.

(34)

Toy manufacturing.

(35)

Woodworking and wood products manufacturing.

(Ord. No. 2-12-2003, § 8.04C, 2-12-2003)

In an M-1 district, the following uses of land and buildings may be allowed by a special use permit issued in accordance with this chapter:

(1)

Airplane sales and service establishments.

(2)

Airports.

(3)

Amusement parks.

(4)

Animal clinics.

(5)

Auto wrecking yards and junkyards, providing they are contained within completely enclosed buildings or screened by a solid wall or uniformly painted solid fence at least 12 feet high.

(6)

Business offices.

(7)

Cemetery monument works.

(8)

Farm implements and supplies.

(9)

Freight warehousing and distribution.

(10)

Greenhouses.

(11)

Leather goods processing.

(12)

Lumber yards.

(13)

Mining, stone and gravel quarries and crushing, grading, washing and loading equipment and structures.

(14)

Pharmaceutical and cosmetic manufacturing.

(15)

Planned unit developments.

(16)

Precision instrument manufacturing.

(17)

Printing plants.

(18)

Publishing houses.

(19)

Race tracks.

(20)

Railroad and motor freight terminals.

(21)

Railroad roundhouses, maintenance buildings and switching yards.

(22)

Rental shops.

(23)

Repair garages.

(24)

Reservoirs.

(25)

Sales lots and showrooms.

(26)

Service stations.

(27)

Shoe manufacturing.

(28)

Storage, including the following uses and materials or products:

a.

Goods used in or produced by manufacturing activities permitted in this district.

b.

Pumps and slag piles.

c.

Explosives.

d.

Grain.

e.

Manure, peat and topsoil.

f.

Petroleum and petroleum products.

(29)

Taxi stands.

(30)

Theaters, drive-in.

(31)

Trailer sales.

(32)

Television repair and manufacturing.

(33)

Rail or motor truck freight terminals, cartage facilities, railroad switching and classification yards, repair shops, roundhouses; and loading and hauling of sand or other aggregate or minerals, including equipment, buildings, and/or structures for storage.

(34)

Medical cannabis dispensary, medical cannabis cultivation center, adult-use cannabis cultivation center, craft grower, processing organization, infuser organization, dispensing organization and transportation organization.

(Ord. No. 2-12-2003, § 8.04D, 2-12-2003; Ord. No. 10-22-2014, § 1, 11-12-2014; Ord. No. 12-11-2019(B), § 5, 12-11-2019)

(a)

The flood hazard areas of the city are subject to periodic inundation which results in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare. These flood losses are caused by the cumulative effect of obstructions in floodplains causing increases in flood heights and velocity, and by the occupancy of flood hazard areas by uses vulnerable to floods or hazardous to other lands which are adequately elevated, floodproofed or otherwise protected from flood damages.

(b)

It is the purpose of this division to promote the public health, safety, and general welfare and to minimize public and private losses due to flood conditions in specific areas by provisions designed to restrict or prohibit uses which are dangerous to health safety and property due to water erosion or in flood heights or velocities; to require that uses vulnerable to floods, including facilities which serve the uses, be protected against flood damage at the time of initial construction; to control the alteration of natural floodplains, stream channels, and natural protective barriers which are involved in the accommodation of floodwaters; and to control filling, grading, dredging, and other development which may increase erosion or flood damage.

(Ord. No. 2-12-2003, § 10.01, 2-12-2003)

This division contains the regulations for the FP flood district of the city. Property zoned FP is also zoned under another applicable district governed by the city zoning ordinance. The FP district is an overlay district, and the other applicable district is then the subject property or areas underlying zoning. The overlay FP designation and applicable regulations supersede the underlying zoning standards and regulations.

(Ord. No. 2-12-2003, § 10.02, 2-12-2003)

(a)

The boundaries of the FP district are surface elevations at all locations within the city that delineate the level of flooding resulting from the 100-year frequency flood event, or base flood elevations, and any other areas within the city which by the determination of the federal emergency management agency, the U.S. Army Corps of Engineers, the state water survey, the city engineer or any registered professional engineer with supporting documentation from the state water survey's floodplain information depository, is a flood hazard area subject to periodic inundation.

(b)

All of the area within the FP district is the floodplain, as defined in this section, and is subject to provisions herein. A portion of the area within this district is designated as the floodway, as established by maps applicable to this district or otherwise determined to be the channel or watercourse and those portions of adjoining floodplains which are required to carry and discharge the 100-year flood with no significant increase in the base flood elevation. The portion of the floodplain on either side and immediately adjacent to the floodway is the flood fringe.

(Ord. No. 2-12-2003, § 10.03, 2-12-2003)

The property owner or user shall submit a plan to the city which shall include a report by a registered professional engineer of demonstrated competence in hydrology as to the adequacy of the proposed plan for development in addressing and avoiding flooding problems of other properties and such other hydraulic problems as may result from proposed improvements. If the plan only delineates the floodplain elevations on the ground and no change or construction is proposed involving land below the floodplain elevation, the plan may be submitted under the seal of a registered land surveyor.

(Ord. No. 2-12-2003, § 10.04I(8), 2-12-2003)

The city may require such additional data or engineering studies from the applicant as may be necessary to determine the adequacy of the proposed plan. Additionally, the city, at its discretion, may retain outside consultant services for review of plans submitted for development within the floodplain or floodway. The cost of contracting for said consulting services shall be borne by the applicant.

(Ord. No. 2-12-2003, § 10.04I(8), 2-12-2003)

(a)

The degree of flood protection required by this article is considered reasonable for regulatory purposes and is based on available information from engineering and scientific methods of study. This subsection does not imply that development either inside or outside of the floodplain district will be free from flooding or flood related damage.

(b)

The approval of the city of any plans submitted pursuant to this article does not constitute a representation, guarantee or warranty of any land by the city or any of its officers or employees as to the practicality or safety of any protective measure and shall create no liability upon or cause of action against the public entity, officers or employees for any damage that may result pursuant thereto.

(c)

Approval of the plan by the city or its designee does not relieve an owner or user from fulfilling the requirements set forth in any other city ordinance or county, state or federal law regarding construction or development within the floodplain.

(Ord. No. 2-12-2003, § 10.04, 2-12-2003)

(a)

When permitted. Development in and filling of the flood fringe will only be permitted if protection is provided against the base flood or 100-year frequency flood by proper elevation and compensatory storage and other provisions of this article are met. No use will be permitted which adversely affects the capacity of drainage facilities or systems.

(b)

Filling and excavating; roads. Only limited filling and excavating necessary for an approvable development is allowed. The construction and maintenance of roads necessary for permitted uses are allowed only on a limited basis and where no alternate location outside the floodplain is available.

(c)

Land surface modification. Land surface modification within the flood fringe shall be permitted for the purpose of constructing stormwater drainage swales between the developed area of a lot, including a stormwater detention facility on a lot, and a stream or detention facility.

(d)

Balancing fill and excavation. Whenever any portion of the designated floodplain district is authorized for use, the volume of space which will be occupied by the authorized fill or structure below the base flood or 100-year frequency elevation shall be compensated for and balanced by hydraulically equivalent volume of excavation taken from below said elevation. The excavation volume shall be no less than 1.1 times the volume of storage lost due to the fill or structure. In the case of streams or watercourses, the excavation shall be made opposite or adjacent to the areas so filled or occupied.

(e)

Replacement of lost flood storage. All flood storage lost below the existing ten-year elevation, where known, shall be replaced below the proposed ten-year elevation, when applicable. All the excavations shall be constructed to drain freely and openly to the watercourse.

(Ord. No. 2-12-2003, § 10.04A—D, 2-12-2003)

(a)

Floodplain districts generally. The following uses are permitted in floodplain districts generally:

(1)

Farming;

(2)

Golf courses;

(3)

Hunting, fishing and propagation of wildlife;

(4)

Stormwater management or flood control facilities;

(5)

Public parks;

(6)

Scenic areas;

(7)

Swimming pools;

(8)

Wildlife refuge areas;

(9)

Any use permitted in floodways pursuant to this section; and

(10)

Local public or private utility facilities; provided that any installation, other than poles, shall be adequately screened with landscaping fencing or walls or a combination thereof, placed underground or enclosed in a structure in the a manner so as to blend with and compliment the character of the surrounding area. All plans for screening these facilities shall be submitted to the city for review prior to the issuance of any development or building permit.

(b)

Floodways. The following uses are permitted in floodways:

(1)

Public flood control structures, dikes, dams and other public works or private improvements relating to the control of drainage, flooding of existing structures, erosion, water quality or habitat for fish, wildlife and native vegetation.

(2)

Storm and sanitary sewer outfalls.

(3)

Underground and overhead utilities.

(4)

Public open space and recreational facilities such as playing fields and trail systems.

(5)

Boat docks for other than commercial or industrial use.

(6)

Bridges, culverts, roadways, unpaved walkways, railways and any modification thereto, which are necessary for crossing the floodway.

(7)

Floodproofing activities to protect existing structures.

(8)

Reconstruction or repairs to buildings damaged or needing replacement but only to the extent that there is no increase made to the original outside dimensions of the subject buildings.

(Ord. No. 2-12-2003, § 10.04E(1), (2), 2-12-2003)

In an FP district, the following uses of land and buildings may be allowed by a special use permit issued in accordance with this chapter:

(1)

Airstrips, runways and heliports.

(2)

Extraction of raw materials from the earth and processing thereof, but not including manufacture of a product.

(3)

Outdoor rifle and archery ranges.

(4)

Public utility towers.

(Ord. No. 2-12-2003, § 10.04F, 2-12-2003)

(a)

Increase in flood heights or velocity prohibited. No development shall create a damaging or potentially damaging increase in flood heights or velocity.

(b)

Sewer and water system to comply with city regulations. All sewage and water systems shall be installed in accordance with requirements of the city council.

(c)

Approval of soil and sedimentation control plan required. A soil and sedimentation control plan must be submitted to and approved by the city before a building or development permit may be issued.

(d)

Manmade levees, berms and other obstructions prohibited. No manmade levees, berms or other similar obstructions to the flow of floodwaters are permitted without the approval of the city building inspector.

(e)

Permits required by other governmental agencies to be acquired. Permits required by other county, state or federal agencies and departments shall be acquired and submitted to the city prior to the issuance of a development or building permit.

(f)

Minimum elevation of new structures and improvements. All new structures and improvements shall be elevated so that the lowest point of the lowest floor including basement floor is a minimum of two feet above the floodplain elevation (FPE).

(g)

Requirements for construction on permanent landfill. A structure or improvement may be constructed on permanent landfill provided that the following requirements are met:

(1)

The area of fill shall be cleared of all growth and objects unsuitable for use as foundation material.

(2)

The fill shall be placed in layers no greater than one foot prior to compaction.

(3)

The surface of the fill shall be a minimum of two feet above FPE. The fill shall extend at least ten feet beyond the foundation of the structure before sloping below the FPE.

(4)

The fill shall be protected against scour and erosion that occurs during flooding.

(Ord. No. 2-12-2003, § 10.04H, I(1)—(7), 2-12-2003)

(a)

Minimum lot area requirement for farming and golf courses. The permitted land use of farming shall be situated on tracts of land containing not less than 20 acres. The permitted land use of golf courses shall be situated on tracts of land containing not less than five acres.

(b)

Minimum lot area requirement for other uses. For permitted and special land uses other than farming and golf courses, the uses shall be situated on tracts of not less than the minimum lot area required by the provisions of the underlying zoning district regulations.

(c)

Setbacks from road right-of-way. No structure shall be allowed within 40 feet of any roadway right-of-way line, subject to greater setback required by the underlying zoning district.

(d)

Obstruction of sight distance triangle. Notwithstanding any other provision of this section, on corner lots, no structure or plant material exceeding three feet in height above the elevation of the street pavement is allowed within the sight distance triangle.

(e)

Information and directional signs within front yard setback. Permitted information signs, six feet or less in height, and permitted directional signs, three feet or less in height, are allowed within the minimum front yard setback.

(f)

Setback for structures exceeding 30 feet in height; exception for utility towers. Any structure, other than a public utility tower authorized by a special use permit, which exceeds 30 feet in height shall be set back from all property lines at least one additional foot for every foot of height above 30 feet.

(g)

Maximum structure height. The total height of any structure shall not exceed that permitted in the underlying zoning district, except where the use of the property includes structures restricted in height by the requirements of a special use permit.

(Ord. No. 2-12-2003, § 10.04G, H, 2-12-2003)

In accordance with 92 Ill. Admin. Code 708, for construction in the regulatory floodway, the city shall require, without exception, that all applicants for development secure review and permits from the state department of transportation division of water resources in the following instances:

(1)

If and when any work is proposed by persons or organizations exempt from this article;

(2)

Projects involving dams or impoundment structures and any and all state, federal or local units of government projects;

(3)

Review of an engineer's determination that an existing bridge or culvert is not a source of flood damage;

(4)

Review of an engineer's determination that a proposed bridge affected by backwater from a downstream receiving stream may be built with a smaller opening; or

(5)

Proposals for alternative transition sections and hydraulically equivalent storage as required by this article.

(Ord. No. 2-12-2003, § 10.04E(6)(a), 2-12-2003)

It is prohibited to construct or place any new structure, fill, detention or retention facilities, building additions, buildings on stilts, excavation or channel modifications done for the convenience of site design, fencing including landscaping or planting designed to act as a fence and storage or materials within the regulatory floodway.

(Ord. No. 2-12-2003, § 10.04E(6)(b), 2-12-2003)

(a)

The Planned Unit Development (PUD) District is established to protect the public health, safety, comfort, convenience and the general welfare by providing and encouraging flexibility in attractive site development made possible by good site planning in accordance with an overall design. The intent is to allow the designer the necessary flexibility to arrange land use physical and environmental features into an internally harmonious design compatible with the site and surrounding area.

(b)

The planned unit development approach upholds overall development standards and at the same time permits variable land use, density, design and intensity within the site.

(c)

In addition, the planned unit development district is intended to uphold the objectives of the city's comprehensive land use plan, zoning ordinance, and the requirements of the subdivision control ordinance through all regulations pertaining to the control of land development, including state law and all other applicable rules, regulations, specifications and standards.

(Ord. No. 2-12-2003, § 9.01, 2-12-2003)

Except as specifically provided otherwise in this section, planned unit developments shall be developed in conformity with the city subdivision regulations and all other applicable codes and ordinances of the city. All streets, sewers, utilities and other improvements, whether publicly or privately owned and maintained, shall be constructed and installed in conformity with city subdivision regulations.

(Ord. No. 2-12-2003, § 9.03A, D, 2-12-2003)

(a)

All owners to join in application. At the time of the application the entire tract or parcel of land to be occupied by the planned unit development shall be developed as a unit under single ownership or control. If there are two or more owners, the application for the planned unit development shall be filed jointly by all owners.

(b)

Trust interest to be disclosed; copy of trust agreement required. If the title is held in a trust, the names of all beneficiaries shall be disclosed in a sworn statement, and a copy of the trust agreement shall be submitted with the application.

(c)

Copy of purchase agreement required for incomplete purchases. If the land is being purchased and the transaction has not been completed, a photocopy of the purchase agreement shall be submitted by the present owner with the application.

(Ord. No. 2-12-2003, § 9.03B, 2-12-2003)

Prior to final approval of any planned unit development, the public or private ownership and maintenance responsibilities of the development shall be established by the city, in accordance with the following standards:

(1)

Permissible ownership. Public ownership shall be by either the city, park district or forest preserve. Private ownership shall be by a property owner's association duly established by articles of incorporation and bylaws.

(2)

Conveyance and maintenance of common open space. All land shown on the development plan as common open space must be conveyed in compliance with the following:

a.

It may be conveyed to a public agency pending acceptance which will agree to maintain the common open space and any buildings or structures which have been placed upon it.

b.

It may be conveyed to trustees provided in an indenture establishing an association or similar organization for the maintenance of the planned unit development.

c.

It may be retained and maintained by the developer.

d.

If the common open space is not conveyed to a public agency, conveyance or retention must be made subject to covenants to be approved by the city council which restrict the common open space to the uses specified on the approved preliminary plan and which provided for the maintenance of the common open space in a manner which assures its continuing use and maintenance.

e.

No common open space may be put to any use not specified in the approved preliminary plan submittals unless the approved preliminary plan submittals have been amended to permit that use.

f.

If the common open space is not conveyed to a public agency, either one of the following methods of enforcement must be provided:

1.

The legal right to develop the common open space for the uses specified in the approved preliminary plan must be conveyed to a public agency.

2.

The restrictions governing the use, improvement and maintenance of the common open space must be stated as conditions to the conveyance or retention of the common open space, the fee title to the common open space to vest in a public agency in the event of substantial default in the stated conditions.

g.

If the common open space is not conveyed to a public agency, the covenants governing the use, improvements, and maintenance of the common open space may authorize a public agency to enforce their provisions.

h.

Provisions shall be executed for conveyance and maintenance of open space designated for each section of the land plan at the time of construction within the section.

(Ord. No. 2-12-2003, § 9.03H, 2-12-2003)

To meet unique circumstances presented by each planned unit development and to protect the health, safety, and general welfare of the existing city residents and the residents of the proposed development, the city council reserves the right to attach any other conditions it deems necessary, but not specifically provided herein, for any proposed planned unit development.

(Ord. No. 2-12-2003, § 9.03I, 2-12-2003)

Planned unit developments shall be allowed in any district subject to the specific requirements and conditions established in this section and may be allowed by establishing use permits in all residential, commercial and industrial districts.

(Ord. No. 2-12-2003, § 9.04A, 2-12-2003)

(a)

Development must be minimum of five acres. The proposed site of the planned unit development must be at least five acres unless otherwise approved for the development by the city council.

(b)

Maximum ground area occupied by buildings and structures. The total ground area occupied by buildings and structures shall not exceed 35 percent of the total ground area of the planned unit development.

(c)

Maximum area devoted to commercial and institutional uses. Not more than 30 percent of the ground area or gross floor area of the development shall be devoted to the attendant commercial or institutional uses in a residential planned unit development.

(d)

Minimum required open space. At least 30 percent of the net area of every residential planned unit development shall be usable common open space meeting the following requirements:

(1)

Parcel size. Each parcel of common open space used for active recreation shall be at least 10,000 square feet, with a minimum dimension of 50 feet, except that when designated for trail purposes, the minimum dimension shall be 20 feet.

(2)

Parcel location. All parcels must be linked by sidewalks and each parcel must be highly accessible to all the residents it is intended to serve.

(3)

Water coverage. Not more than 33 percent of the land designated as open space may be covered by water on a permanent basis and open space which is used for water drainage purposes shall not be considered for active use.

(4)

Slope. Not more than 20 percent of the open space may have a finished grade exceeding seven percent.

(Ord. No. 2-12-2003, § 9.03C, E—G, 2-12-2003)

Planned unit developments may contain uses and structures not permitted in the zoning district provided the developer shows the city council that his design accomplishes the standards and objectives of this section.

(1)

Residential developments. In residential planned unit developments, nonresidential uses of a religious, cultural, recreational or commercial character shall be permitted to the extent they are designed and intended to serve primarily the residents of the area; and to the extent that they can be integrated with the residential development. They shall conform in appearance to the residential structures or be compatible with them. They shall not be established prior to the construction of residential developments unless specifically authorized by the city council.

(2)

Commercial developments. Commercial planned unit developments shall be permitted to promote cooperative development of business centers with adequate off-street parking, controlled access to highways and other thoroughfares, to separate pedestrian and vehicle traffic, to aid in stabilizing property values, to develop centers of size and location compatible with market potential, to buffer adjacent residential areas with landscaped green space and to encourage harmonious architecture between adjacent commercial structures and between homes and commercial structures.

(3)

Industrial developments. Industrial planned unit developments are permitted to promote the establishment of industrial parks, to permit grouping of industrial buildings with integrated design and a coordinated physical plan, to encourage provision of recreational facilities within industrial areas and to buffer adjacent residential areas with landscaped green space.

(Ord. No. 2-12-2003, § 9.04B, 2-12-2003)

Setback, area and bulk requirements may depart from conformance with the zoning and subdivision regulations in order to take advantage of peculiar site characteristics or accomplish the purpose of this section with the following conditions:

(1)

Setbacks along the periphery of the development shall be provided as required by regulations of the zoning district in which the development is located or which it abuts.

(2)

Setbacks of attendant uses must be the same as those for the primary use.

(3)

Overall bulk shall not exceed normally permitted bulk by more than 20 percent.

(Ord. No. 2-12-2003, § 9.04G, 2-12-2003)

No building may be closer to an adjacent building or an exterior lot line than the distance equaling the height of the taller of the two buildings.

(Ord. No. 2-12-2003, § 9.04C, 2-12-2003)

There shall be a landscaped buffer area of not less than 35 feet wide whenever a residential land use abuts an office or retail commercial land use and not less than 50 feet wide whenever a residential land use abuts an industrial land use.

(Ord. No. 2-12-2003, § 9.04D, 2-12-2003)

Net density of dwelling units within a residential planned unit development shall not exceed the normally permitted net density of the zoning district in which it is located by 25 percent.

(Ord. No. 2-12-2003, § 9.04E, 2-12-2003)

Excellence of design shall be recognized by treatment of landscape, street and building placement, open space provision and design, use of natural resources, hiding of functional elements, such as utility services, architectural amenities, efficiency of land use, safety, and increased provision and convenience of recreational or commercial opportunities.

(Ord. No. 2-12-2003, § 9.04F, 2-12-2003)

A planned unit development shall be administered as an application to establish use under this chapter and as a subdivision under city zoning regulations. The procedure outlined below is intended as a guide to the specific exceptions and requirements for planned unit developments and the procedure by which they are granted and administered.

(Ord. No. 2-12-2003, § 9.05A, 2-12-2003)

(a)

Informal submission of documents. Prior to filing of an application for approval of the planned unit development, the subdivider shall submit to the office of the city clerk plans and data as specified in this section. Preapplication document submission does not require formal application, fee or filing of plans with the city clerk.

(b)

Meeting with city council. The subdivider may request a meeting with the city council in order to discuss his plans and particular problems.

(c)

Plans and supporting documentation. Information shall describe or outline the existing conditions of the site and the proposed development as necessary to supplement the submitted plans. This information may include:

(1)

Data on existing covenants, land characteristics and available community facilities and utilities;

(2)

Information describing the subdivision proposal, number of residential lots, typical lot width and depth, price range, business areas, school, playground and park areas, and other public areas.

(Ord. No. 3-13-96B, § 6.01, 3-13-1996)

(a)

Subdivision procedure applicable. The application of a developer for approval of a planned unit development shall proceed in three stages in the manner provided in city subdivision regulations.

(b)

What constitutes filing; fee. The application shall be considered filed upon receipt of all the required data and payment of planned unit development filing fee as provided on the city fee schedule.

(c)

Preliminary development plan. In addition to the various items required to be included in the preliminary plan in the city subdivision regulations, the following items shall be required to complete the preliminary development plan to be submitted with an application under this subdivision:

(1)

Narrative statement of the planning objectives met by the proposed planned unit development, including description of its character, the rationale behind the concept, and how it fits in with the comprehensive land use plan of the city;

(2)

Development schedule indicating the approximate dates when construction of the planned unit development or its various stages can be expected to begin and be completed;

(3)

General analysis of the impact on traffic facilities;

(4)

General analysis of the impact on municipal utilities;

(5)

Net acreage devoted to each proposed land use type, including parks, open space and streets;

(6)

Total number and types of proposed dwelling units;

(7)

Estimated population by housing type broken down into elementary school, middle school, high school and adult groupings;

(8)

Existing improvements, including location, widths and name of all existing or previously plotted streets or other rights of way showing types of improvement, if any, railroad and utility rights-of-way, parks and other public open spaces, buildings and structures, historic sites and landmarks;

(9)

Draft of proposed annexation agreement, if applicable;

(10)

Architectural elevations for all residential structures;

(11)

General landscape plan indicating the treatment of common open spaces and the location of required or other buffer areas;

(12)

A list of all requested variances from the standard zoning regulations for each land use type; and

(13)

Any additional information required by the city to evaluate the character and impact of the proposed planned unit development.

(d)

Public hearing. The city council shall, within 45 days after a preliminary development plan is filed with it, hold a public hearing to consider all aspects of the preliminary development plan, including all proposed stages or units of development. Notice of the time and place of the hearing shall be given not less than seven or more than 30 days before the hearing, by publishing a notice thereof in a newspaper of general circulation within the city and its immediate surrounding area.

(e)

Action by city council. The city council shall approve, approve with conditions or disapprove the preliminary development plan within 30 days after the public hearing unless the time is extended by mutual consent of the city council and applicant. The city council may extend the time period for approval of the final development plan, but the period shall not exceed five years.

(f)

Effect of city council approval. Approval by the city council of the preliminary development plan does not constitute acceptance of the planned unit development.

(g)

Effective period of approval; lapse. Approval of the preliminary development plan by the city council shall remain in effect for a period of 12 months. At the end of 12 months time, after approval by the city council, the approval shall become null and void unless a final development plan has been approved.

(Ord. No. 2-12-2003, § 9.05C, 2-12-2003)

(a)

Time of filing; reproducible material required. The developer shall file an application for approval of a final development plan with the city council. The application shall be filed within the time specified in this chapter and presented on acceptable reproducible material.

(b)

Substantial compliance with approved preliminary plan required. The final development plan for which approval is sought shall be in substantial compliance with the preliminary development plan as approved. A development plan submitted for final approval shall be deemed to be in substantial compliance with the preliminary plan as approved, provided any modification by the developer of the preliminary plan as approved does not reduce the area set aside for common open space, increase the floor area proposed for non-residential use by more than five percent, or increase the total ground area covered by buildings by more than five percent.

(c)

Content of application; accompanying documentation. An application for approval of final development plan shall include the following:

(1)

Detailed engineering plans and specifications for land grading, site preparation, streets, utilities, drainage, and any other requirements of the city subdivision regulations as set forth in the city subdivision regulations;

(2)

Final development plat information as set forth in the city subdivision regulations;

(3)

Proof that the developer has acquired legal title to all land within the planned unit development or is the contract purchaser of the property;

(4)

Articles of incorporation and bylaws for any property owners association to be established;

(5)

Restrictive covenants and other legal instruments deemed necessary to guarantee the proper upkeep and use of the common open space and recreational facilities therein;

(6)

Restrictive covenants that owner proposes to regulate and maintain land uses in general and otherwise protect the proposed development;

(7)

Performance guarantee or bond in conformance with the city subdivision regulations.

(d)

Public hearing; when required; notice; final determination. A public hearing shall be held to consider any final development plan not in substantial compliance with the preliminary plan as approved; provided, however, that no public hearing need be held to consider modifications in the location and design of streets or facilities for water for disposal of stormwater, stormwater detention and retention facilities, and sanitary sewage, unless called by the city council. Notice of any such public hearing shall be given in the same manner as for public hearing on applications for approval of preliminary plans. The city council shall approve, approve with conditions or disapprove the final development plan within 30 days after the public hearing.

(e)

Burden of proof as to proposed modifications of preliminary plan. The burden shall be upon the developer to show the city council good cause for any variation between the preliminary plan as approved and the final plan as submitted.

(f)

Action by city council if public hearing is not required. In the event a public hearing is not required for final approval, and the application for final approval has been filed, together with all drawings, specifications and other documents required in support thereof, the city council shall, within 30 days of the filing, grant the plan approval, unless one of the following applies:

(1)

When plan contains variances but remains in substantial compliance with preliminary plan. In the event the final plan as submitted contains variances from the preliminary plan as approved but remains in substantial compliance with the preliminary plan as approved:

a.

The city council may, after a meeting with the developer, refuse to approve the final plan and shall, within 30 days from the filing of the application for final approval, so advise the developer in writing of the refusal, setting out the reasons why one or more of the variances are not in the public interest.

b.

In the event of refusal, the developer may re-file his application for final approval without the variances objected to by the city council at any time within which he shall be entitled to apply for final approval. If the time within which the developer shall be entitled to apply for final approval has expired at the time the city council advised the developer that the variances were not in the public interest, then the developer shall have 30 days within which to re-file his application for final approval without the variation.

c.

If the developer fails to re-file within the allowed period, he shall be deemed to have refused to accept the requirements and final approval shall be deemed to have been denied.

(2)

When plan is not in substantial compliance with preliminary plan. If the final development plan as submitted for approval is not in substantial compliance with the preliminary plan as approved:

a.

The city council shall, within 30 days of the date of the application for approval of the final plan is filed, notify the developer in writing, setting out the particular ways which the final plan is not in substantial compliance with the preliminary plan as approved.

b.

The developer may make the changes in the final plan as are necessary to bring it into compliance with the preliminary plan, or may file a written request with the city council that it hold a public hearing on his application for final approval.

c.

The developer may take either of the alternate actions at any time within which he would be entitled to apply for final approval, or within 60 additional days if such time for applying for final approval shall have expired at the time when the city council advised the developer that the final plan was not in substantial compliance.

d.

In the event the developer shall fail to take either of the alternate actions within such time, he shall be deemed to have abandoned the plan.

(Ord. No. 2-12-2003, § 9.05D(1)—(8), 2-12-2003)

Approval of the final development plan shall not constitute a waiver of the requirement to obtain building permits, utility tap-on permits or occupancy permits. In addition, approval of the final development plan shall not constitute acceptance of the required improvements by the city.

(Ord. No. 2-12-2003, § 9.05D(8)(a), (b), 2-12-2003)

The final plat, together with the ordinance approving the planned unit development and all pertinent covenants and restrictions, shall be recorded in the office of the county recorder of deeds and shall be binding upon the applicants, their successors and assigns. Covenants and restrictions may make reference to exhibits which shall be maintained on file with the city clerk.

(Ord. No. 2-12-2003, § 9.05D(9)(a), (b), 2-12-2003)

(a)

Generally. Any planned unit development project receiving approval of the city council shall be developed only in accordance with the final plan submitted to the city council.

(b)

Approved time schedule; extensions. Approval of any planned unit development by the city council shall carry with it approval of the time schedule for completion of each phase or segment thereof as contained in the petition, including any changes or amendment imposed by the city council and accepted by the petitioner. In the event any portion of the time schedule is not met, the city council, upon written request of the petitioner for an extension of time, delivered to the city council at least 20 days prior to the expiration of the completion date for which the extension is requested, may, for good cause shown, extend the completion date for such length of time as the city council, in its sole discretion, deems justified by the circumstances. There is no limit upon the number of time extensions which may be requested.

(c)

Failure to comply with approved time schedule; lapse of approval. Upon the failure of a petitioner to satisfactorily meet any phase or segment of the completion schedule within 30 days after the expiration thereof, the planned unit development granted as a special use under this article shall terminate and become null and void, and the tract of land subject to the special use shall revert to its previous zoning classification; provided, however, that the city council shall permit such portion of the planned unit development special use to remain in effect with respect to such tract as is reasonably warranted by the then current state of development to avoid manifest injustice to the petitioner and his successors.

(Ord. No. 2-12-2003, § 9.05D(9), (10), 2-12-2003)