Freeport City Zoning Code

155.300 ZONING

DISTRICTS

§ 155.301 ZONING DISTRICTS ESTABLISHED

The City is divided into zones, or districts, which are shown on the Official Zoning Map and listed in Table 155.301-1, Zoning Districts Established, below.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Effective on: 1/10/2022

§ 155.302 OFFICIAL ZONING MAP

(A)

Generally. An up-to-date and official copy of the City of Freeport Zoning Map is maintained by the Administrator and is available for inspection during regular business hours at City Hall.

(B)

Force and Effect. The Official Zoning Map and all notations, references, and other information shown on the map are incorporated into of Chapter.

(C)

Omitted Land. It is the intent of this Chapter for the entire area within the City's municipal limits to be zoned. This includes all land and water areas, rivers, streets, alleys, railroads, and other rights-of-way. Any area not shown on the Official Zoning Map as being included in a specific zone shall be classified as Semi-Urban Residential (R1).

(D)

Annexed and Undesignated Property. For the purposes of ensuring that all land within the municipal limits has a zoning designation, any land that is not assigned a zoning district on the Official Zoning Map or any land that is annexed into the City, without an express zoning district designated within the annexation ordinance, shall be zoned as Semi-Urban Residential (R1).

(E)

Interpreting the Zoning Map. Where the Official Zoning Map appears to be unclear regarding the location of district boundaries, the Administrator, or at the Administrator's discretion, the Planning and Zoning Commission, shall make a determination using the following criteria:

(1)
Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the centerline of such features. Where the location of these features on the ground differs from that shown on the Official Zoning Map, the features on the ground control.
(2)
Property Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines shall be construed to be the boundaries.
(3)
Watercourses. Boundaries shown as following, or approximately following, the shoreline or centerline of drainage ways, rivers, streams, water bodies, or other watercourses shall be construed as following the channel shoreline or centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel shoreline or centerline.
(4)
Un-subdivided Land or No Identifiable Feature. Where un-subdivided land, or where a zoning district boundary follows no identifiable feature, the location of the boundary, unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules:
1. (a)
  Legal Description. The boundary shall be according to the legal description in the ordinance establishing the district boundaries;
2. (b)
  Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the Official Zoning Map.
3. (c)
  Map Scale. The boundary shall be located using the map scale appearing on the Official Zoning Map.
(5)
Floodplain Boundaries. When not otherwise determined, the boundaries of flood zones shall follow contour or elevation lines at the elevation above sea level indicated on the official Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM). Elevations between stream cross-sections on the FHBM or FIRM shall be determined by proportional interpolation.
(6)
Vacation or Abandonment. Where a public street, alley, or parcel of land is officially vacated or abandoned, the regulations applicable to the abutting property apply equally to the vacated or abandoned street, alley, or parcel of land.

Effective on: 1/10/2022

§ 155.303 PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS

(A)

Purposes. In order that the public health, safety, integrity, and general welfare may be furthered to meet shifting market demands, the Planned Unit Development (PUD) zone is established to provide project variety and diversity through the modification of standards within this Chapter, so that maximum community benefits can be gained for the following purposes:

(1)
To encourage a pattern of development that enhances the landscape in a manner which could not otherwise be accomplished within the other zones as established in § 155.301, Zoning Districts Established, such that placement and construction of buildings, paths, and roads will enhance the natural assets, and unique landforms which are already present on-site;
(2)
To encourage innovations in residential, commercial, recreational, and industrial development such that the demands of the population may be met by a greater variety in type, design, and layout of buildings; and
(3)
To provide for necessary commercial, recreational, and educational facilities conveniently located in proximity to residential uses.

(B)

Applicability.

(1)
Threshold. No PUD zone shall be created unless it is demonstrated that the zone materially advances the purposes set out in subsection (A) above.
(2)
Higher Quality Development Required. Any development approved through the use of the PUD zone shall be of a higher quality than would otherwise be achieved through the application of this Chapter. PUD zones shall not be used to avoid the intent of requirements of this Chapter which provides for community benefit that more than offsets the impacts of the development allowed with a PUD.

(C)

Use Regulations. A building or premise in this zoning district may be used for any use allowed in any district contained in this Chapter, except those uses specifically prohibited by this Chapter.

(D)

Height, Lot, and Yard Requirements. The height, lot, and yard requirements shall conform to those requirements of the appropriate subsections of this ordinance for the appropriate intended use, except that modifications in these regulations may be granted if it shall be found that such modifications will not adversely affect nearby properties and provides a higher standard of built environment than what is presently permitted.

(E)

Area Requirements.

(1)
The entire tract to be zoned (PUD) may be considered as one building lot, or separate areas intended for separate land uses may be considered as separate building lots. Area requirements shall conform to those regulations for the appropriate intended use, except that for each 75 dwelling units, one acre of land shall be designated and appropriately developed as recreational or open space.
(2)
A minimum land area of one acre shall be required before application for a PD will be approved.

(F)

Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 155.600, Parking and Loading.

(G)

Subdivision Regulations. All requirements of Chapter 154, Subdivision Regulations, shall be complied with, except for height, lot, yard, and area requirements should it found that the proposed development provides a higher standard of built environment.

(H)

Common Areas.

(1)
Joint Ownership. Any and all developments which create joint ownership of property shall be developed through the PUD process of this Section.
(2)
Legal Instrument. A legal instrument detailing the legal and maintenance responsibilities of a Property Owners Association or similiar organization shall be approved by the City Attorney.

(I)

Procedural Process. See § 155.1108, Zoning Map Amendment (Rezoning).

Effective on: 1/10/2022

Freeport City Zoning Code

155.300 ZONING

DISTRICTS

§ 155.301 ZONING DISTRICTS ESTABLISHED

The City is divided into zones, or districts, which are shown on the Official Zoning Map and listed in Table 155.301-1, Zoning Districts Established, below.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Effective on: 1/10/2022

§ 155.302 OFFICIAL ZONING MAP

(A)

Generally. An up-to-date and official copy of the City of Freeport Zoning Map is maintained by the Administrator and is available for inspection during regular business hours at City Hall.

(B)

Force and Effect. The Official Zoning Map and all notations, references, and other information shown on the map are incorporated into of Chapter.

(C)

(D)

(E)

(1)
Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the centerline of such features. Where the location of these features on the ground differs from that shown on the Official Zoning Map, the features on the ground control.
(2)
Property Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines shall be construed to be the boundaries.
(3)
Watercourses. Boundaries shown as following, or approximately following, the shoreline or centerline of drainage ways, rivers, streams, water bodies, or other watercourses shall be construed as following the channel shoreline or centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel shoreline or centerline.
(4)
Un-subdivided Land or No Identifiable Feature. Where un-subdivided land, or where a zoning district boundary follows no identifiable feature, the location of the boundary, unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules:
1. (a)
  Legal Description. The boundary shall be according to the legal description in the ordinance establishing the district boundaries;
2. (b)
  Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the Official Zoning Map.
3. (c)
  Map Scale. The boundary shall be located using the map scale appearing on the Official Zoning Map.
(5)
Floodplain Boundaries. When not otherwise determined, the boundaries of flood zones shall follow contour or elevation lines at the elevation above sea level indicated on the official Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM). Elevations between stream cross-sections on the FHBM or FIRM shall be determined by proportional interpolation.
(6)
Vacation or Abandonment. Where a public street, alley, or parcel of land is officially vacated or abandoned, the regulations applicable to the abutting property apply equally to the vacated or abandoned street, alley, or parcel of land.

Effective on: 1/10/2022

§ 155.303 PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS

(A)

(1)
To encourage a pattern of development that enhances the landscape in a manner which could not otherwise be accomplished within the other zones as established in § 155.301, Zoning Districts Established, such that placement and construction of buildings, paths, and roads will enhance the natural assets, and unique landforms which are already present on-site;
(2)
To encourage innovations in residential, commercial, recreational, and industrial development such that the demands of the population may be met by a greater variety in type, design, and layout of buildings; and
(3)
To provide for necessary commercial, recreational, and educational facilities conveniently located in proximity to residential uses.

(B)

Applicability.

(1)
Threshold. No PUD zone shall be created unless it is demonstrated that the zone materially advances the purposes set out in subsection (A) above.
(2)
Higher Quality Development Required. Any development approved through the use of the PUD zone shall be of a higher quality than would otherwise be achieved through the application of this Chapter. PUD zones shall not be used to avoid the intent of requirements of this Chapter which provides for community benefit that more than offsets the impacts of the development allowed with a PUD.

(C)

(D)

(E)

Area Requirements.

(1)
The entire tract to be zoned (PUD) may be considered as one building lot, or separate areas intended for separate land uses may be considered as separate building lots. Area requirements shall conform to those regulations for the appropriate intended use, except that for each 75 dwelling units, one acre of land shall be designated and appropriately developed as recreational or open space.
(2)
A minimum land area of one acre shall be required before application for a PD will be approved.

(F)

Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 155.600, Parking and Loading.

(G)

(H)

Common Areas.

(1)
Joint Ownership. Any and all developments which create joint ownership of property shall be developed through the PUD process of this Section.
(2)
Legal Instrument. A legal instrument detailing the legal and maintenance responsibilities of a Property Owners Association or similiar organization shall be approved by the City Attorney.

(I)

Procedural Process. See § 155.1108, Zoning Map Amendment (Rezoning).

Effective on: 1/10/2022

Freeport City Zoning Code

155.300 ZONING

DISTRICTS

§ 155.301 ZONING DISTRICTS ESTABLISHED

The City is divided into zones, or districts, which are shown on the Official Zoning Map and listed in Table 155.301-1, Zoning Districts Established, below.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Table 155.301-1 Zoning Districts Established
Zoning District Name	Zoning District Purpose
Zoning District Name	Zoning District Purpose	Residential Districts
R1, Semi-Urban Residential	This district consists mainly of areas containing single-family dwellings and of open spaces where low-density, detached single-family development on large lots is desired.
R2, Semi-Urban Residential Infill	This district consists of areas containing single-family, detached or single-family, attached dwellings on medium-sized lots and areas containing single-family, attached or detached dwellings, cottages, townhomes, or a combination of listed housing types on existing small, narrow lots.
MH, Manufactured Home Subdivision	This district consists primarily of HUD-code manufactured homes.
WR, Waterfront Residential	This district consists of waterfront areas occupied by or suitable for single-family dwellings and of open spaces where single-family development appears desirable.
MF, Multiple-Family	This district consists mainly of areas containing multiple-family development or which are centrally located or suitable for multiple-family development. In addition to the general purposes applying to all residential districts, the regulations of MF are designed to encourage the provision of conveniently located, maintained multi-family housing.
Non-Residential and Mixed Use Districts
DT, Downtown District	This district is designed to enhance the economic development and quality of life for the citizens of Freeport, residents of the district, and visitors. The district serves to promote access by the general public to enjoy its beauty, balanced with development as a place of residence and commerce. The district is designed to preserve and enhance Freeport's established downtown with a compact pedestrian-friendly scale that creates a mix of residential and smaller-scale commercial uses, on-street and off-site parking, and urban character typical of a downtown core.
C-1, Retail Business	This district consists mainly of land occupied by or suitable for neighborhood shopping facilities for the retailing of “convenience goods” and the furnishing of certain personal services to satisfy most of the daily needs of the adjacent residential neighborhood.
C-2, General Commercial	This district consists mainly of land occupied by or suitable for a wide range of retail and wholesale activities. Land in this district is located mainly along major highways and in the vicinity of industrial areas. The C-2 District regulations are designed to permit development of the enumerated functions and to provide space for commercial uses which are generally not appropriate for Retail Business District.
C-3, Entertainment District	This district consists of industrial uses and adult-oriented business uses as defined in Chapter 123 of the City Code.
W-1, Waterfront - Resort and Marina	This district consists mainly of areas occupied by or suitable for harbor and marine resort-related activities including the storage, transport, and handling of goods and materials related to pleasure and charter boats as well as such commercial uses as may have a natural relation to such activities, uses, and facilities.
IN, Industrial	This district consists of land for a wide range of commercial, manufacturing, and other industrial activities subject to limitations intended to protect nearby residential and commercial districts and to protect the permitted uses from one another. Uses in this district include manufacturing, wholesale, warehousing, transportation of goods and port, harbor, or other marine-related uses.
PUD, Planned Unit Development	The unified and coordinated development of parcels or tracts of land. Certain freedom of choice as to intended land uses shall be permitted, provided that the essential site development regulations are complied with and that the intended uses are not in conflict with the general purpose and intent of this Chapter.
Overlay District
TC, Town Center	This district consists of two blocks within the City's Downtown which is designed to be the center of the City. As such, a historic pattern of development is desired.

Effective on: 1/10/2022

§ 155.302 OFFICIAL ZONING MAP

(A)

Generally. An up-to-date and official copy of the City of Freeport Zoning Map is maintained by the Administrator and is available for inspection during regular business hours at City Hall.

(B)

Force and Effect. The Official Zoning Map and all notations, references, and other information shown on the map are incorporated into of Chapter.

(C)

(D)

(E)

(1)
Rights-of-Way or Easements. Where boundary lines appear to follow existing streets, alleys, railroad tracks, utility lines, or similar features, the zoning boundary shall be construed to follow the centerline of such features. Where the location of these features on the ground differs from that shown on the Official Zoning Map, the features on the ground control.
(2)
Property Lines. Where the boundaries are indicated as approximately following property or other lot lines, such lines shall be construed to be the boundaries.
(3)
Watercourses. Boundaries shown as following, or approximately following, the shoreline or centerline of drainage ways, rivers, streams, water bodies, or other watercourses shall be construed as following the channel shoreline or centerline. In the event of a natural change in the location of such streams or other watercourses, the zoning district boundary shall be construed as moving with the channel shoreline or centerline.
(4)
Un-subdivided Land or No Identifiable Feature. Where un-subdivided land, or where a zoning district boundary follows no identifiable feature, the location of the boundary, unless the same is indicated by dimensions, shall be determined by applying, in order, the following rules:
1. (a)
  Legal Description. The boundary shall be according to the legal description in the ordinance establishing the district boundaries;
2. (b)
  Text Dimensions. The boundary shall be located by reference to dimensions shown in the text on the Official Zoning Map.
3. (c)
  Map Scale. The boundary shall be located using the map scale appearing on the Official Zoning Map.
(5)
Floodplain Boundaries. When not otherwise determined, the boundaries of flood zones shall follow contour or elevation lines at the elevation above sea level indicated on the official Flood Hazard Boundary Map (FHBM) or Flood Insurance Rate Map (FIRM). Elevations between stream cross-sections on the FHBM or FIRM shall be determined by proportional interpolation.
(6)
Vacation or Abandonment. Where a public street, alley, or parcel of land is officially vacated or abandoned, the regulations applicable to the abutting property apply equally to the vacated or abandoned street, alley, or parcel of land.

Effective on: 1/10/2022

§ 155.303 PLANNED UNIT DEVELOPMENT (PUD) REGULATIONS

(A)

(1)
To encourage a pattern of development that enhances the landscape in a manner which could not otherwise be accomplished within the other zones as established in § 155.301, Zoning Districts Established, such that placement and construction of buildings, paths, and roads will enhance the natural assets, and unique landforms which are already present on-site;
(2)
To encourage innovations in residential, commercial, recreational, and industrial development such that the demands of the population may be met by a greater variety in type, design, and layout of buildings; and
(3)
To provide for necessary commercial, recreational, and educational facilities conveniently located in proximity to residential uses.

(B)

Applicability.

(1)
Threshold. No PUD zone shall be created unless it is demonstrated that the zone materially advances the purposes set out in subsection (A) above.
(2)
Higher Quality Development Required. Any development approved through the use of the PUD zone shall be of a higher quality than would otherwise be achieved through the application of this Chapter. PUD zones shall not be used to avoid the intent of requirements of this Chapter which provides for community benefit that more than offsets the impacts of the development allowed with a PUD.

(C)

(D)

(E)

Area Requirements.

(1)
The entire tract to be zoned (PUD) may be considered as one building lot, or separate areas intended for separate land uses may be considered as separate building lots. Area requirements shall conform to those regulations for the appropriate intended use, except that for each 75 dwelling units, one acre of land shall be designated and appropriately developed as recreational or open space.
(2)
A minimum land area of one acre shall be required before application for a PD will be approved.

(F)

Parking Regulations. Off-street parking spaces shall be provided in accordance with the requirements for specific uses set forth in § 155.600, Parking and Loading.

(G)

(H)

Common Areas.

(1)
Joint Ownership. Any and all developments which create joint ownership of property shall be developed through the PUD process of this Section.
(2)
Legal Instrument. A legal instrument detailing the legal and maintenance responsibilities of a Property Owners Association or similiar organization shall be approved by the City Attorney.

(I)

Procedural Process. See § 155.1108, Zoning Map Amendment (Rezoning).

Effective on: 1/10/2022