(a)

Within the districts established by this chapter or amendments that may later be adopted, there exist lots, structures, and uses of land and structures which were lawful before this chapter was passed or amended, but which would be prohibited, regulated, or restricted under the terms of this chapter or future amendment.

(b)

It is the intent of this chapter to permit these nonconformities to continue until they are removed, but not to encourage their survival. Such uses are declared by this chapter to be incompatible with permitted uses in the districts involved. It is further the intent of this chapter that nonconformities shall not be enlarged upon, expanded or extended, nor be used as grounds for adding other structures or uses prohibited elsewhere in the same district.

(c)

A nonconforming use of a structure, a nonconforming use of land, or a nonconforming use of a structure and land shall not be extended or enlarged after passage of the ordinance from which this chapter is derived.

(Ord. of 1998, art. 5, § 1)

In any district in which single-family dwellings are permitted, notwithstanding limitations imposed by other provisions of this chapter, a single-family dwelling and customary accessory buildings may be erected on any single lot of record at the effective date of adoption or amendment of the ordinance from which this chapter is derived. Variance of area, width, and yard requirements shall be obtained only through action of the board of adjustment.

(Ord. of 1998, art. 5, § 2)

Where a lawful structure exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that could not be built under the terms of this chapter by reason of restrictions on area, lot coverage, height, yards, or other characteristics of the structure or its location on the lot, such structure may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No such structure may be enlarged or altered in a way which increases its nonconformity.

(2)

Should such structure be destroyed by any other means, other than a casualty loss, to an extent of more than 50 percent of its replacement cost at time of destruction, it shall not be reconstructed except in conformity with the provisions of this chapter, provided that a structure damaged by a casualty loss may be repaired or reconstructed in a manner that does not enlarge the structure or increase its nonconformity as it existed before the casualty loss.

(3)

Should such structure be moved for any reason for any distance whatever, it shall thereafter conform to the regulations for the district in which it is located after it is moved.

(Ord. of 1998, art. 5, § 3)

If a lawful use of a structure, or of a structure and premises in combination, exists at the effective date of adoption or amendment of the ordinance from which this chapter is derived that would not be allowed in the district under the terms of this chapter, the lawful use may be continued so long as it remains otherwise lawful, subject to the following provisions:

(1)

No existing structure devoted to a use not permitted by this chapter in the district in which it is located shall be enlarged, extended, constructed, reconstructed, moved, or structurally altered except in changing the use of the structure to a use permitted in the district in which it is located, provided that a structure damaged by a casualty loss may be repaired or reconstructed in a manner that does not enlarge the structure or the nonconforming use of the structure as it existed before the casualty loss.

(2)

Any nonconforming use may be extended throughout any parts of a building which were manifestly arranged or designed for such use at the time of adoption or amendment of the ordinance from which this chapter is derived, but no such use shall be extended to occupy any land outside such building.

(3)

Any structure, or structure and land in combination, in or on which a nonconforming use is superseded by a permitted use, shall thereafter conform to the regulations for the district in which such structure is located, and the nonconforming use may not thereafter be resumed.

(4)

When a nonconforming use of a structure, or structure and premises in combination, is discontinued or abandoned for six consecutive months, the structure, or structure and premises in combination, shall not thereafter be used except in conformance with the regulations of the district in which it is located.

(5)

Where nonconforming use status applies to a structure and premises in combination, removal or destruction of the structure shall eliminate the nonconforming status of the land.

(Ord. of 1998, art. 5, § 4)

Where, at the effective date of adoption or amendment of the ordinance from which this chapter is derived, lawful uses of land exist that are no longer permissible under the terms of this chapter as enacted or amended, such uses may be continued, so long as they remain otherwise lawful, subject to the following provisions:

(1)

No such nonconforming use shall be enlarged or increased, nor extended to occupy a greater area of land than was occupied at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(2)

No such nonconforming use shall be moved in whole or in part to any other portion of the lot or parcel occupied by such at the effective date of adoption or amendment of the ordinance from which this chapter is derived.

(3)

If any such nonconforming use of land ceases for any reason for a period of more than 30 days, any subsequent use of such land shall conform to the regulations specified by this chapter for the district in which such land is located.

(Ord. of 1998, art. 5, § 5)

(a)

General description. The A-1 Agricultural District is established for several purposes, as follows:

(1)

To provide for the continued use of land for predominantly agricultural purposes;

(2)

To preserve undeveloped areas until they can feasibly be developed at urban standards and with adequate public safeguards of health, safety, etc.; and

(3)

To restrict development in areas subject to severe inundation until such time as it can be shown that these areas are no longer subject to flooding.

(b)

Uses permitted. No buildings or use shall hereafter be established or enlarged within the A-1 General Agricultural District except a building or use devoted to one of the following purposes:

(1)

Agriculture, as defined in this chapter.

(2)

Single-family dwellings.

(3)

Churches and temples.

(4)

Elementary schools and high schools.

(5)

Golf courses, but not including golf driving ranges, pitch and putt courses, or miniature golf courses.

(6)

Parks and forest preserves, operated not for profit.

(7)

Temporary buildings and uses for construction purposes only and not for dwelling purposes, nor for a period that exceeds the completion of the construction.

(8)

Accessory buildings or uses incidental to the foregoing principal uses.

(9)

Municipal or community recreation centers.

(10)

Police or fire stations.

(11)

Public buildings or buildings operated in the public interest by a not-for-profit corporation, including art galleries, post offices, libraries, or museums.

(12)

Public or not-for-profit auditoriums, stadiums, arenas, armories, or sanitariums.

(13)

Public or private hospitals or sanitariums.

(14)

Public or private schools and colleges.

(15)

Public utility and service uses, including electrical substations, gas regulator stations, electrical, gas, telegraph, telephone and water transmission metering and distribution equipment and structures, microwave relay towers, water reservoirs or pumping stations, and other similar facilities.

(c)

Area and height. Including accessory buildings.

(Ord. of 1998, art. 6, § 1)

(a)

General description. The R-1 Single-Family Residential District is established as a district in which the use of the land is for single-family dwellings except as noted. It is the purpose and intent of this district to promote the development of and the continued use of the land for single-family dwellings and to prohibit commercial and industrial use or any other use which would substantially interfere with the development or continuation of single-family dwellings in this district. The intent is to further discourage any use in this district which would generate traffic or create congestion on neighborhood streets other than the normal traffic which serves the residents in the area. This district further encourages only those uses which, because of character or size, would not create additional requirements and costs for public services in excess of requirements and costs for single-family dwellings.

(b)

Uses permitted. The following uses are permitted in a R-1 Single-Family Residential District, and are subject to all the general provisions and regulations of this chapter:

(1)

Single-family detached dwellings.

(2)

Elementary schools, public and private, where the curriculum is similar in nature and preparation of course work to the public school.

(3)

Public parks or playgrounds.

(4)

Agricultural uses of the garden type that are not intended for commercial purposes.

(5)

Family day care home.

(c)

Uses permitted subject to additional requirements. The following uses are permitted, provided they meet the requirements noted for each use in addition to applicable area regulations:

(1)

Churches: A minimum lot size of one acre and major street frontage as shown on the thoroughfare plan.

(2)

Library, provided it has major street frontage as shown on the thoroughfare plan.

(3)

Home occupation, provided that it is in keeping with the meaning of the term "home occupation" as defined in this chapter.

(4)

Plant nursery, provided that no building or structure is maintained in connection therewith and no retailing or any material is carried on upon the premises.

(5)

Golf course, private or public, or country club, provided that the chief activity is for recreational purposes and any commercial activity is accessory or incidental thereto.

(6)

Junior high or senior high schools, provided that they have major street frontage as shown on the thoroughfare plan.

(7)

Accessory buildings which are not a part of a main building may include one private garage.

(8)

Temporary structures which are incidental to the construction of the main building and will be removed when the main structure is completed.

(9)

Parking lot required to serve the uses permitted in this district.

(10)

A temporary bulletin board or sign not exceeding 12 square feet in area appertaining to the lease, hire or sale of a building or premises, which board or sign shall be removed as soon as the premises is leased, hired or sold.

(d)

Area and height regulations.

(1)

Side yard.

a.

For buildings of more than one story, the minimum width of the side yard on interior lot lines shall be not less than ten feet.

b.

For a principal building other than a one-family dwelling, the minimum width of side yard shall be not less than one-half the height of the building, but in no case less than 15 feet.

(2)

Rear yard. Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten feet to the rear lot line.

(3)

Lot size requirements. The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be a minimum of 40 feet, however, the front building line on the lot shall be a minimum of 50 linear feet measured at an equal distance parallel to and from the front lot line.

(e)

Off-street parking. Except as provided for elsewhere in this chapter, all permitted uses in the R-1 residence district shall comply with the following minimum requirements for off-street parking:

(1)

Single-family dwellings: One off-street parking space for each dwelling unit.

(2)

Schools, elementary schools, junior and senior high schools, including public, private and parochial schools: One off-street parking space for each employee plus one for each classroom, plus one for each 50 square feet of assembly area with stationary or movable seats.

(3)

Other uses permitted: One off-street parking space for each five seats provided for patron use, or one space for each 400 square feet of gross floor area used or intended to be used for service to the public as customers, patrons, or clients, whichever requires the greatest number of parking spaces. The open space required by front yard requirements shall not be used for parking.

(4)

Utilities service installations: One off-street parking space for each 400 square feet of floor space.

(f)

Sewer service. No dwelling unit in an R-1 Single-Family District shall be constructed which is not provided with an effective connection to a public sewer system unless or until the county public health officer certifies that a septic tank or any substitute disposal system can be satisfactorily installed on the lot. As a basis for making his decision, the county public health officer may require such precaution tests as he deems to be necessary. Such tests are to be made at the expense of the homeowner.

(g)

Signs and billboards. No signs, billboards, posters, bulletin boards, or other similar matter shall be permitted in the R-1 Single-Family Residential District except as follows:

(1)

Temporary signs not to exceed the duration of six months to advertise the premises for sale, rent or lease, except original sale.

(2)

One bulletin board not exceeding 50 square feet may be erected by each church.

(3)

Official public notices may be erected on affected property.

(4)

One unilluminated name plate not exceeding two square feet in area, and not containing lettering other than the name of the owner or occupants or name or address of the premises.

(Ord. of 1998, art. 6, § 2)

(a)

General description. This residential district is intended to provide for both low and high population density. It is established as a district in which the principal uses of the land are for multifamily dwellings and similar high-density residential development. The intent is to encourage the development and the continued use of land for multifamily dwellings and to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of multifamily dwellings in this district. It is further intended to discourage any use which would generate traffic or create congestion on the neighborhood streets other than the normal traffic which serves the multifamily dwellings or similar residential uses in this district and discourage any use which, because of its characteristics or size, would create additional requirements and costs for public services which are in excess of such requirements and costs if the district were developed solely for multifamily or other similar residential uses.

(b)

Uses permitted. The following uses are permitted in any R-2 General Residential District and are subject to all the general provisions and regulations of this chapter:

(1)

Any use permitted in R-1 Single-Family Residential District.

(2)

Duplexes.

(3)

Multifamily dwellings.

(4)

Roominghouses or boardinghouses.

(5)

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(c)

Uses permitted subject to additional requirements. The following uses are permitted, provided they meet the requirements noted for each use in addition to applicable area regulations:

(1)

Convalescent homes, rest homes, nursing homes and hospitals, public or private, provided they have frontage on a major street as shown on the thoroughfare plan.

(2)

Lodges and other service institutions, provided they are located on a lot of not less than one acre and have frontage on a major street as shown on the thoroughfare plan.

(3)

Any uses permitted subject to additional requirements in this subsection (c).

(d)

Area and height regulations.

(1)

Front yard.

a.

When a yard has double frontage, the front yard requirements shall be complied with on both streets.

b.

One foot of setback for each one foot of height for all uses other than single-family and duplex.

(2)

Side yard.

a.

For dwellings and accessory buildings located on corner lots, there shall be a side yard setback from the intersecting street of not less than 15 feet.

b.

One foot of setback for each one foot of height for all uses other than single-family and duplex.

(3)

Rear yard.

a.

Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten feet to the rear lot line.

b.

One foot of setback for each one foot of height for all uses other than single-family and duplex.

(4)

Lot size requirements. There shall be a lot area of not less than 7,000 square feet for a two-family dwelling, and an additional area of not less than 2,000 square feet for each unit more than two. If the lot is a wedge-shaped lot which meets the requirements of minimum lot size, it may have less than the minimum requirements for frontage as long as the front building line of the lot is a minimum of 50 linear feet. If two stories, the additional square footage reburied for each unit shall be 500 instead of 2,000.

(e)

Off-street parking. In the R-2 General Residential District, the off-street parking requirements are the same as those in section 48-32.

(f)

Sewer service. No dwelling unit in the R-2 General Residential District shall be constructed which is not provided with an effective connection to a public sewer system unless and until the public county health officer certifies that a septic tank or any substitute disposal system can be satisfactorily installed on the lot. As a basis for making his decision, the health officer may require such precaution tests as he deems to be necessary. Such tests are to be made at the expense of the homeowner.

(g)

Signs and billboards. The control of signs and billboards in the R-2 General Residential District is the same as that in section 48-67(g).

(Ord. of 1998, art. 6, § 3)

(a)

General description. This commercial district is intended for a unified grouping, in one or more buildings, of retail shops and stores and personal services that provide for the regular needs and are for the convenience of the people residing in the adjacent residential neighborhoods. It is intended that the suburban convenience center be developed as a unit with adequate off-street parking space for customers and employees, and with appropriate landscaping and screening.

(b)

Uses permitted. All buildings or uses hereafter established or enlarged shall comply with the conditions and restrictions enumerated below. Any of the following uses shall be permitted:

(1)

Artist supplies and hobby shops.

(2)

Automobile service stations.

(3)

Bakery shops.

(4)

Barber and beauty shops.

(5)

Bookstores.

(6)

Churches.

(7)

Clothing or wearing apparel shops.

(8)

Drug stores.

(9)

Dairy products stores.

(10)

Delicatessens.

(11)

Florist shops.

(12)

Gift shops.

(13)

Grocery stores.

(14)

Hardware stores.

(15)

Jewelry shops.

(16)

Laundry and dry cleaning pickup stations.

(17)

Liquor stores.

(18)

Medical facilities.

(19)

Office general.

(20)

Pharmacies.

(21)

Public uses.

(22)

Restaurants.

(23)

Self-service laundries.

(24)

Shoe repair shops.

(25)

Tailor shops.

(26)

Toy stores.

(27)

Variety stores.

(28)

Any other commercial uses deemed by the board of adjustment to be of a similar nature.

(29)

All advertising signs relating to the shopping center, the stores and shops therein shall be designed as an integral part of the shopping center development and shall be harmonious with the other design features of the center.

(30)

Accessory buildings and uses customarily incidental to the above uses.

(c)

Area regulations.

(1)

Minimum area. The parcel of land on which a convenience commercial center is located shall not be less than 12,000 square feet or more than two acres in area.

(2)

Yard requirements. It is intended that the grouping of buildings and parking areas be designed to protect, insofar as possible, adjacent residential areas. In no case shall the design of the shopping center provide less than the following standards:

a.

All buildings shall be set back from all street right-of-way lines not less than 25 feet.

b.

On the side of a lot adjoining a residential district, there shall be a side yard setback of one foot for each one foot of height.

(d)

Bulk limitations (floor area ratio). In no instance shall the total floor space of the structures in this district exceed the relationship of one to four i.e., there must be provided four square feet of lot area to each one square foot of floor space in the structure.

(e)

Off-street parking. In the C-1 Convenience Commercial District, three square feet of space dedicated to parking and automobile maneuvering must be provided for each one square foot of floor space which may be a part of the open space.

(f)

Sewer service. No structure or use in this district shall be erected or commenced which does not have a connection to the public sewer system, unless and until the county health officer certifies that a septic tank or any substitute disposal system can be installed and operated effectively. As a basis for making his decision, the health officer may require such precaution tests as he deems to be necessary. Such tests are to be made at the expense of the landowner.

(g)

Signs and billboards. All signs in the C-1 District shall be erected upon private property and shall not encroach upon any public street or walk except as provided by the applicable codes and then they shall not overhang at a height of less than nine feet and shall not have a maximum projection greater than 72 inches.

(1)

Any projection sign in the C-1 District shall not exceed 50 square feet in size, nor will it exceed the height of the building.

(2)

No source of incandescent lighting used for illuminating signs shall be directly visible from any street or highway or from any residence, hotel or from any room used for sleeping purposes.

(3)

The use of red, green or amber illumination in connection with any sign shall not be permitted within 100 feet of any intersection. Any use of red, green or amber illumination in connection with any sign must be so located that it in no way creates a confusion with any traffic signal or may be interpreted by any motorist as a traffic signaling device.

(Ord. of 1998, art. 6, § 4)

(a)

Generaldescription. This commercial district is established as a district in which the principal use of land is for establishments offering accommodations, supplies, or services to motorists, and for certain specialized uses such as retail outlets, extensive commercial amusements and service establishments which may serve the entire community but do not and should not locate in the central business district or the convenience district.

(b)

Uses permitted.

(1)

Any use permitted in the C-1 Convenience Commercial District.

(2)

Other uses, including:

a.

Amusement enterprises.

b.

New and used automobile sales and service, new and used machinery sales and service, and public garages.

c.

Advertising signs or structures.

d.

Ambulance services, office or garage.

e.

Bakeries.

f.

Boat sales.

g.

Bowling alleys.

h.

Bus terminals.

i.

Churches.

j.

Clothing stores.

k.

Dance halls.

l.

Department stores.

m.

Drive-in theaters or restaurants.

n.

Electrical transmission stations.

o.

Feed and fuel stores.

p.

Food stores.

q.

Frozen food lockers.

r.

Furniture repair and upholstery.

s.

Funeral parlors.

t.

Garden stores.

u.

Golf courses, miniature or practice range.

v.

Heating and plumbing sales and service.

w.

Hospitals for small animals.

x.

Interior decorating stores.

y.

Ice plants.

z.

Key shops.

aa.

Kennels.

bb.

Laundries.

cc.

Motels.

dd.

Music, radio, and television shops and repair.

ee.

Night clubs.

ff.

Novelty shops.

gg.

Pawn shops.

hh.

Pet shops.

ii.

Printing plants.

jj.

Public uses.

kk.

Recreation centers (private).

ll.

Research laboratories.

mm.

Roller skating rinks.

nn.

Sign painting shops.

oo.

Sporting goods stores.

pp.

Stock broker.

qq.

Theaters.

rr.

Taverns.

ss.

Toy stores.

tt.

Travel trailer park and sales.

uu.

Wholesale distributing centers.

vv.

Day care centers.

ww.

Mini storage

(3)

Buildings, structures, and accessory uses customarily incidental to any of the above uses, provided that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.

(4)

Any other store or shop for retail trade or for rendering personal, professional or business service which does not produce more noise, odor, dust, vibration, or traffic than those above.

(c)

Area and height regulations.

(d)

Off-street parking. In the C-2 Highway Commercial and Commercial Recreation District, two square feet of off-street parking space dedicated to parking automobile maneuvering must be provided for each one square foot of total floor space.

(Ord. No. 565, 3-29-1995; Ord. of 1998, art. 6, § 5; Ord. No. 711, 8-30-2007)

(a)

General description. This commercial district is designed for the conduct of personal and business services and the general retail trade of the community. It is designed to accommodate a wide variety of commercial uses in the central business district or areas of mixed business enterprises. It will not normally be applied in the case of new commercial areas.

(b)

Uses permitted. Property and buildings in a C-3 General Commercial District may be used for the following purposes:

(1)

Any use permitted in a C-1 or C-2 Commercial District.

(2)

Any other retail, personal service, business service, or professional use not already mentioned.

(3)

Any public buildings or uses.

(4)

Buildings, structures, and accessory uses customarily incidental to any of the above uses, provided that there shall be no manufacturing of products other than such as are customarily incidental to retail establishments.

(5)

Telecommunication facilities constructed in conformance with the requirements of Ordinance No. 636 of the city regulating city telecommunication facilities.

(c)

Area and height regulations.

(d)

Off-street parking. In the C-3 General Commercial District, there shall be provided one off-street parking space for each 400 square feet of gross retail floor area.

(Ord. of 1998, art. 6, § 6; Ord. No. 672, § I, 1-29-2003)

(a)

General description. The purpose of the I-1 Light Industrial District is to provide a location for industries which do not by their nature create nuisances. The intent is to preserve this land for industry in a location beneficial to industries and to prohibit nonindustrial uses. Because of the traffic generated and other objectionable influences created in this district, it is necessary to provide a buffer or setback area between this district and any other zoning district except the I-2 District.

(b)

Standards. Any use constructed, established, altered, or enlarged in the I-1 Light Industrial District after the effective date of the ordinance from which this chapter is derived shall be so operated as to comply with the following standards:

(1)

No building shall be used for residential purposes, except that a watchman may reside on the premises.

(2)

No retail sales or services shall be permitted, except as incidental to or accessory to a permitted use.

(3)

No noise from any operation conducted on the premises, other than that emanating from vehicular traffic, either continuous or intermittent, shall be detectable at any boundary line of the I-1 District.

(4)

No toxic matter, noxious matter, smoke, gas, or odorous or particulate matter shall be emitted that is detectable beyond the lot lines of the zoning lot on which the use is located.

(5)

No vibrations shall be detectable beyond the lot lines of the zoning lot on which the use is located.

(6)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residence district.

(7)

The manufacture of flammable materials which produce explosive vapors or gases is prohibited.

(8)

Any operation that produces intense glare or heat shall be performed within a completely enclosed building, and expected sources of light shall be screened so as not to be detectable beyond the lot lines.

(c)

Uses permitted.

(1)

Building materials sales.

(2)

Commercial radio and television transmitting antenna towers and other electronic equipment requiring outdoor towers, including antenna towers for the dispatching of private messages.

(3)

Compounding, processing and blending chemical products, but not including any materials which decompose by detonation.

(4)

General and administrative offices.

(5)

Machine shops and metal products manufacture and tool and dye shops, provided they do not include any of the following equipment: automatic screw machines, drop forges or riveting machines.

(6)

Mail order houses.

(7)

Manufacturing and assembling (or any combination of such processes) products from wood, cork, glass, leather, fur, plastic, felt and other textiles, but not including, as a principal operation, the processing of any raw materials.

(8)

Manufacturing and assembling electrical and electronic products and equipment.

(9)

Printing and binding plants.

(10)

Public utility distribution centers.

(11)

Research laboratories.

(12)

Warehouses and storage facilities.

(13)

Water filtration plants, pumping stations, reservoirs, and lift stations.

(14)

Any other manufacturing process or establishment which can operate in compliance with the aforementioned requirements.

(15)

Accessory uses incidental to and on the same zoning lot as a principal use.

(d)

Area and height regulations. All buildings and uses hereafter established or enlarged shall comply with the following requirements.

(e)

Off-street parking. Off-street parking as required in section 48-32.

(f)

Sewer service. No structure or use in the I-1 District shall be erected, commenced, or allowed to continue which does not have a connection to the public sewerage system unless and until the county public health officer certifies that a septic tank or any substitute disposal system can be installed and operated effectively. As a basis for making his decision, such health officer may require such precaution test as he deems to be necessary. Such tests are to be made at the expense of the landowner.

(g)

Signs and billboards. In the I-1 Light Industrial District, the use of signs and billboards is the same as that in section 48-69(g) for the C-1 Convenience Commercial District.

(Ord. of 1998, art. 6, § 7)

(a)

General description. The purpose of the I-2 Heavy Industrial District is to provide a location for industries which may by their nature create nuisances. The intent is to preserve this land especially for industry in locations with access to major streets as designated on the major street plan, as well as locations generally accessible to railroad transportation. Because of the nuisances or other objectionable influences that may be created in this district, it is necessary to provide a buffer or setback strip between this district and other zoning districts, except the I-1 District.

(b)

Standards. Any use constructed, established, altered, or enlarged in the I-2 Heavy Industrial District after the effective date of the ordinance from which this chapter is derived shall be so operated as to comply with the following standards. No use already established on the effective date of the ordinance from which this chapter is derived shall be so altered or modified as to conflict with, or further conflict with, the applicable standards established hereinafter for the I-2 Heavy Industrial District.

(1)

No building shall be used for residential purposes, except that a watchman may reside on the premises.

(2)

No retail sales or services shall be permitted, except as incidental to or accessory to a permitted use.

(3)

No storage, manufacture, or assembly of goods shall be conducted out of a building unless the nearest point of the activity is more than 100 feet from the boundary of any use district.

(4)

Exterior lighting fixtures shall be shaded wherever necessary to avoid casting direct light upon property located in any residence district.

(5)

All manufacturing, fabricating, assembly, disassembly, repairing, storing, cleaning, servicing, and testing of goods, water, and merchandise shall be carried on in such a manner as not to be injurious or offensive by reason of the emission or creation of noise, vibration, smoke, dust or other particulate matter, toxic or noxious matter, odorous, glare, or heat, fire or explosive hazards.

(6)

No activities involving storage, utilization, or manufacture of materials or products which decompose by detonation shall be permitted.

(c)

Uses permitted. All buildings or uses hereafter established or enlarged shall comply with the following conditions or restrictions:

(1)

Any use permitted in the I-1 Light Industrial District.

(2)

Blacksmiths, tinsmiths, and sheet metal shops.

(3)

Bottling works.

(4)

Canning or preserving factories.

(5)

Coal storage plants.

(6)

Ice cream production and distribution.

(7)

Machinery rental, sales, and service.

(8)

Machine shops.

(9)

Manufacturing, fabricating, assembling, repairing, storing and cleaning, servicing, or testing any of the following materials, goods or merchandise:

a.

Apparel.

b.

Beverages (non-alcoholic), processing and bottling.

c.

Building materials specialties.

d.

Clothing.

e.

Compounding and packaging of chemicals.

f.

Cosmetics and toiletries.

g.

Dairy products.

h.

Drugs and pharmaceutical products.

i.

Electrical and acoustic products and components.

j.

Food products (except fish, sauerkraut, vinegar and yeast).

k.

Furniture.

l.

Glass products.

m.

Ice, dry and natural.

n.

Jewelry.

o.

Medical laboratory supplies, equipment and specialties.

p.

Metal products and utensils.

q.

Musical instruments.

r.

Optical goods.

s.

Paper products, including boxes and containers.

t.

Radio, phonograph recorder and television sets and parts.

u.

Textiles.

v.

Toys and children's vehicles.

w.

Trailers and carts.

x.

Wood products, including wooden boxes and containers.

y.

Milk, bottling and distribution.

z.

Monumental stone cutting.

aa.

Motor freight terminals.

bb.

Pattern shops.

cc.

Printing plants.

dd.

Soldering and welding shops.

ee.

Sign painting.

ff.

Railroad yards and switching areas, including lodging and sleeping facilities for transient railroad labor.

gg.

Spray painting and mixing.

hh.

Bulk fuel sales and storage.

ii.

Automobile wrecking and junk yards, provided they are enclosed throughout the entire perimeter by a solid fence not less than eight feet in height.

jj.

Processing of meat and vegetable products, including the slaughter of animals.

(d)

Area regulations.

(1)

Minimum area. There are no requirements for minimum lot area in the I-2 Heavy Industrial District.

(2)

Yard requirements. Yard requirements in the I-2 District are the same as those in section 48-72(d) for the I-1 District.

(3)

Coverage. Buildings shall not cover more than 50 percent of the site on which the use is located.

(e)

Off-street parking. Off-street parking is as required in section 48-32.

(f)

Sewer service. No structure or use in the I-2 District shall be erected, commenced, or allowed to continue which does not have a connection to the public sewerage system unless and until the county public health officer certifies that a septic tank or any substitute disposal system can be installed and operated effectively. As a basis for making his decision, the health officer may require such precaution tests as he deems necessary. Such tests are to be made at the expense of the landowner.

(g)

Signs and billboards. In the I-2 District, the control of signs and billboards is the same as that in section 48-69 for the C-1 District.

(Ord. of 1998, art. 6, § 8)

(a)

General description. Public use districts are publicly owned areas intended to be used only for public or recreational purposes.

(b)

Use of public areas: rezoning after discontinuance of use. Areas indicated on the zoning map as public parks, school sites, cemeteries, recreation areas, libraries, fire stations, water works, airports, hospitals or other public uses shall not be used for any purpose other than that designated. When the use of the area is discontinued, it shall automatically be zoned to the most restricted adjoining districts.

(Ord. of 1998, art. 6, § 9; Ord. No. 651, 9-26-2001)

(a)

General description. This commercial office district is intended to provide a location for these professional offices as a buffer between more intensive retail commercial or office uses. This district places a great emphasis on open space and aesthetic considerations in building construction and landscaping. Uses should be limited to low rise professional offices or low-density residential structures which may be designed in combination with each other. The total land area should be small in order to avoid conflict with adjacent R-1 and R-2 zones. It shall not be construed that this district should be used to cause strip commercial development of any street in the city.

(b)

Uses permitted. Property and buildings in the SOD Suburban Office District shall be used for the following purposes: buildings in which no activity is carried on catering to retail trade with the general public and no stock of goods is maintained for sale to customers, except for a pharmacy or optician which are located within a clinic and have no visibility from adjacent streets. These uses shall include, but shall not be limited to, doctors, dentists, lawyers, architects, engineers, accountants, and photographers; provided, however, this shall in no way be construed as permitting undertaking establishments, funeral homes, veterinarian offices, and drug, alcohol or substance abuse treatment or rehabilitation clinics or facilities or any other facility or establishment which requires or permits patients or patrons to stay overnight or otherwise reside upon the premises.

(c)

Area and height regulations.

(1)

Front yard.

a.

The minimum depth of the front yard shall be 25 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings all of which have observed an average setback line of greater than the minimum setback provided, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by existing buildings, but this regulation shall not require a front yard of greater depth than 40 feet on minor streets.

c.

When a yard has double frontage, the front yard requirements shall apply to each frontage.

(2)

Side yard. For detached structures and for unattached sides of attached structures located on an interior lot, a side yard setback of not less than five feet shall be provided on the unattached sides of the main structure of one story and an additional three feet of side yard shall be provided for each additional story or part thereof. For detached buildings of accessory use, there shall be a side yard setback of not less than five feet.

(3)

Rear yard.

a.

For main structures, there shall be a rear yard setback of not less than 20 feet.

b.

Unattached buildings of accessory use may be located in the rear yard of the main structure; provided, however, that no accessory building shall be located closer than ten feet to the rear lot line.

(4)

Lot size requirements.

a.

There shall be a lot area of not less than 10,000 square feet.

b.

There shall be a minimum lot frontage of 75 feet. If the lot is a wedge-shaped lot which meets the requirements of minimum lot size, it may have less than the minimum requirements for frontage as long as the front building line of the lot is a minimum of 75 linear feet.

(5)

Coverage. The main and accessory buildings shall not cover more than 50 percent of the lot area.

(6)

Height requirements. The maximum building height shall not exceed 35 feet. If 50 percent or more of the existing structures on one side of the street between two intersecting streets are improved with heights of less than the maximum, the proposed structure shall conform to the average existing building heights.

(d)

Off-street parking. One off-street parking space shall be provided for each 400 square feet of gross building floor area.

(e)

Sewer service. No structural unit in a SOD Suburban Office District shall be constructed which is not provided with an effective connection to a public sewer system.

(f)

Signs and billboards. One unilluminated name plate not exceeding ten square feet in area, and not containing lettering other than the name relating to the principal use shall be permitted.

(Ord. of 1998, art. 6, § 10)

(a)

General description. The M-1 Manufactured or Mobile Home Subdivision District is established as a district in which the use of land is for single-family manufactured or mobile home dwellings and the uses described in chapter 28. It is the purpose and intent of this district to promote the development of and continued use of the land for single-family dwellings and to prohibit commercial and industrial use or any other use which would substantially interfere with the development or continuation of single-family dwellings in this district. The intent is to further discourage any use in this district which would generate traffic or create congestion in neighborhood streets other than the normal traffic which serves the residents in the area. This district further encourages only those uses which, because of character or size, would not create additional requirements and cost for public services which are in excess of such requirements and costs, if the district was not developed for single-family manufactured or mobile home dwellings.

(b)

Uses permitted. The following uses are permitted in a M-1 Manufactured or Mobile Home Subdivision District and are subject to the general provisions and regulations of this chapter:

(1)

Single-family detached manufactured or mobile home dwellings.

(2)

Public parks or playgrounds.

(3)

Other uses authorized by chapter 28.

(4)

Accessory buildings.

(c)

Area and height regulations.

(1)

Manufactured ormobile home lot.

Subdivision requires a minimum area of ten acres.

(2)

Signs and billboards. No signs, billboards, posters, bulletin boards, or other similar matter shall be permitted in the M-1 Manufactured or Mobile Home Subdivision District except as follows:

a.

Temporary signs, not to exceed the duration of six months, to advertise the premises for sale, rent or lease, except original sale.

b.

Official public notices may be erected on affected property.

c.

One unilluminated name plate not exceeding two square feet in area, and not containing lettering other than the name of the owner or occupants or name or address of the premises.

(Ord. of 1998, art. 6, § 11)

(a)

General description. The M-2 Manufactured or Mobile Home Park District is established as a district in which the use of the land is for a manufactured or mobile home park for single-family manufactured or mobile home dwellings as authorized by chapter 28. It is the purpose and intent of this district to promote the development of and continued use of the land for rental spaces for single-family manufactured or mobile home dwellings and supporting facilities authorized by chapter 28, and to prohibit commercial and industrial use or any other use which would substantially interfere with the development or continuation of single-family manufactured or mobile home dwellings upon rental spaces in this district. The intent is to further discourage any use in this district which would generate traffic or create congestion in neighborhood streets other than the normal traffic which serves the residents in the area. This district further encourages only those uses which, because of character or size, would not create additional requirements and costs for public services which are in excess of such requirements and costs if the district was not developed for single-family manufactured or mobile home dwellings in a manufactured or mobile home park.

(b)

Uses permitted. The following uses are permitted in a M-2 Manufactured or Mobile Home Park District and are subject to the general provisions and regulations of this chapter:

(1)

Single-family detached manufactured or mobile home dwellings.

(2)

Public parks or playgrounds.

(3)

Other uses authorized by chapter 28.

(4)

Accessory buildings.

(c)

Area and height regulations.

(d)

Signs and billboards. No signs, billboards, posters, bulletin boards, or other similar matter shall be permitted in the M-2 Manufactured or Mobile Home Park District except as follows:

(1)

Temporary signs not to exceed the duration of six months to advertise the premises for sale, rent or lease, except original sale.

(2)

One bulletin board not exceeding 50 square feet may be erected by each church.

(3)

Official public notices may be erected on affected property.

(4)

One unilluminated name plate not exceeding two square feet in area, and not containing lettering other than the name of the owner or occupants or name or address of the premises.

(5)

One unilluminated sign announcing the name of the park, per entrance to the park.

(Ord. of 1998, art. 6, § 12)

(a)

General description. The R-3 District is established as a district in which the use of land is for freestanding manufactured or mobile homes, single-family dwellings, or multifamily dwellings. The intent is to encourage the use of the district as a residential neighborhood.

(b)

Uses permitted. The following uses are permitted in a R-3 District and are subject to the general provisions and regulations of this chapter:

(1)

Any use permitted in section 48-67(b) or section 48-68(b).

(2)

Freestanding manufactured or mobile home dwellings.

(3)

Duplexes.

(4)

Multifamily dwellings.

(5)

Accessory buildings and uses customarily incidental to the above uses when located on the same lot.

(6)

Public parks or playgrounds.

(c)

Area and height regulations.

(1)

Setback requirements. One foot of setback shall be provided for each one foot of height on all sides for all uses other than single-family and duplex.

(2)

Lot size requirements. There shall be a lot area of not less than 7,000 square feet for a two-family dwelling, and an additional area of not less than 2,000 square feet for each dwelling unit more than two. If the lot is a wedge-shaped lot which meets the requirements of minimum lot size, it may have less than the minimum requirements for frontage as long as the front building line of the lot is a minimum of 50 linear feet. If the dwelling structure is two stories, the additional square footage required for each unit shall be 500 square feet instead of 2,000 square feet.

(d)

Signs and billboards. No signs, billboards, posters, bulletin boards, or other similar matter shall be permitted in the R-3 District, except as follows:

(1)

Temporary signs, not to exceed the duration of six months, to advertise the premises for sale, rent or lease, except original sale.

(2)

One bulletin board not exceeding 50 square feet may be erected by each church.

(3)

Official public notices may be erected on affected property.

(4)

One unilluminated name plate not exceeding two square feet in area, and not containing lettering other than the name of the owner or occupants or name or address of the premises.

(e)

Off-street parking. In the R-3 District, the off-street parking requirements are the same as those in an R-2 General Residential District.

(f)

Sewer service. No dwelling unit in an R-3 District shall be constructed which is not provided with an effective connection to a public sewer system.

(Ord. of 1998, art. 6, § 13)

(a)

General provisions. The planned unit development, herein referred to as PUD, is a special zoning district category that provides an alternate approach to conventional land use controls. The PUD may be used for particular tracts or parcels of land that are under common ownership and are to be developed as one unit according to a master development plan. The PUD is subject to special review procedures, and once approved by the city council, it becomes a special zoning classification for the property it represents.

(b)

Intent and purpose. The intent and purpose of the planned unit development provisions are to:

(1)

Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use, ensuring compatibility with adjoining and proximate properties, and following the guidelines of the comprehensive plan;

(2)

Permit flexibility within the development to maximize the unique physical features of the particular site;

(3)

Encourage efficient use of land, facilitate economic arrangement of buildings and circulation systems, and encourage diversified living environments and land uses;

(4)

Achieve a continuity of function and design within the development and to encourage diversified living environments and land uses; and

(5)

Provide a vehicle for negotiating modifications in standard development requirements in order to both encourage innovative development and protect the health, safety and welfare of the community.

(c)

Planned unit development authorized. A PUD may be authorized by an amendment to the official zoning districts map after public hearings by the planning commission and city council, provided it complies with the following requirements:

(1)

Locations and uses. A PUD shall be considered a special zoning district; and it may be authorized for any use or combination of uses permitted in this chapter.

(2)

Planned unit development master plan required.

a.

The basis for review and approval of a PUD application shall be the PUD master plan, which shall be adopted as a part of the ordinance of rezoning in conformance with the requirements described in these regulations.

b.

For a simplified PUD, the PUD master plan shall be the simplified PUD application to be provided by the building inspector. A simplified PUD is one which complies with the following:

1.

It is for a single tract or parcel of land that is no more than two acres in size;

2.

It is governed by the regulations of only one conventional zoning district;

3.

The use regulations of the conventional zoning district are modified only to decrease, not increase, the number of allowed uses (permitted, conditional, special exception and special permit uses); and

4.

The development regulations of the conventional zoning district are modified only to make them more restrictive, not less restrictive.

(i)

A site plan may be required by the building inspector, if it is deemed necessary to effectively review the application.

(ii)

For all other PUDs, the PUD master plan shall consist of two elements, the design statement and the master development plan map.

(3)

Effect of planned unit development approval.

a.

Approval of a zoning change to a PUD adopts the master plan prepared by the applicant and reviewed as a part of the application. The master plan establishes new and specific requirements for amount and type of land use, residential densities, development regulations and location of specific elements of the development, such as open space and screening.

b.

The PUD classification replaces any previous zoning district classification of a parcel.

c.

Where there is no provision in the PUD master plan for special development regulations, the requirements of the most restrictive conventional zoning district in which a proposed use or a structure is permitted shall be applied to the development.

(d)

Criteria for planned unit development review and approval.

(1)

Purpose. Because the PUD provides the opportunity for higher densities, greater design flexibility, mixed land uses, and improved marketability, the applicant should be prepared to provide amenities and services that might not be required or possible in a conventional development. Review and approval of a PUD is, therefore, a process of negotiation between the city government and the applicant to achieve the intents and purposes of these regulations and the comprehensive plan. The following factors should be specifically included as review criteria for the evaluation of a PUD application. Other factors not listed herein may also be considered in the review process in order to respond to specific design and land use proposals.

(2)

Design standards.

a.

The proposed PUD shall be designed to provide for the unified development of the area in accordance with the spirit and purpose of the comprehensive plan and the land uses and zoning districts adjacent to it.

b.

Design of the PUD may provide for modification of conventional zoning ordinance requirements for such elements as yard areas, densities, setback, and height on individual lots in accordance with the PUD master plan.

c.

Density, land use, and intensity of use requirements shall be based on the PUD master plan and shall be reviewed carefully for conformance to the comprehensive plan.

d.

Building code requirements shall not be reduced in the design of a PUD.

e.

The maximum number of dwelling units within a PUD shall be based on calculation of gross density. Gross density shall be established in the PUD master plan and shall be calculated by dividing the total land area to be developed for residential uses (exclusive of arterial streets) by the number of dwelling units.

f.

Location and type of housing shall be established in a general pattern and shown on the master development plan map.

(3)

Minimum design and construction standards for streets and alleys. Streets and alleys for both urban and non-urban PUDs shall be designed and constructed in accordance with city standards and specifications for right-of-way width, curbs, gutters, paving and paving cross sections, provided that modifications may be requested and approved as a part of the master plan if the following criteria are met:

a.

Public streets and alleys. Proposed public street and alley modifications shall satisfy the following criteria:

1.

Street right-of-way and paving widths shall be adequate to provide a traffic-carrying and utility installation capacity related to the design of the overall street system, the function of the individual street, and the land uses served.

2.

Paving cross sections shall be designed to be adequate to provide acceptable drainage in conformity with the drainage plan for the PUD; to receive loading commensurate with anticipated traffic based on the design of the overall street system; and to have a maintenance level commensurate with that of facilities constructed to regular standards.

b.

Private streets and alleys. Proposed private street and alley modifications shall satisfy the criteria for public facility modifications listed above and the following:

1.

Private streets shall not be connected to an adjacent parcel which is not a part of the PUD in a manner that will circulate traffic into and through the private street system.

2.

The owner/applicant shall clearly demonstrate the existence and capabilities of a property owner's association to provide the ongoing and long-term maintenance of the private street and alley facilities that will not be provided by the city.

(4)

General design and development guidelines.

a.

Densities. Proposed residential densities should conform to density guidelines in the comprehensive plan and should be allocated in a manner and at a scale that will be compatible with adjacent developed neighborhoods.

b.

Amenities. Amenities should be considered as an important justification for development and city approval of a PUD. Where gross or net densities are to be increased to promote economy of development, or where other methods of land use intensification are proposed, usable open space should be furnished along with provision for its permanent retention and continued maintenance. Sidewalks and pedestrian ways should be planned where it is necessary to provide for amenity and public safety.

c.

Streets.

1.

Street design should be innovative and should restrict through traffic from residential areas as much as possible.

2.

Encouragement should be given to design of short local streets serving limited areas, such as the residential cul-de-sac. Reduction of conventional minor street design widths should be considered appropriate on such streets, when they are designed with limited length and only one access point.

3.

Reduction of design widths on streets designed in a conventional pattern should not be approved.

4.

Development of a private street system should be considered appropriate under certain conditions where there is no through traffic. However, a private street system should not serve as a reason for reduction of minimum design and paving standards.

5.

On-street parking bays or other similar areas where vehicles must be backed into the traffic flow should not be approved on arterial or collector streets or any local street; provided, however, that certain cul-de-sac or small loop street designs may be considered as appropriate.

d.

Relationship to abutting uses.

1.

The master development plan map should show graphically the treatments that will be employed to separate the PUD from abutting properties, including commitments to landscaping, screening, earth berms, or similar techniques.

2.

It is appropriate to specifically establish areas with height limitations where a transition to more intense uses is proposed or where a higher intensity development is proposed to abut a lower intensity area.

e.

Mixed land use developments. Where a PUD proposes a mix of uses which would generally be incompatible with a conventional development, the PUD master plan should specifically establish appropriate guidelines to ensure a harmonious development.

f.

Common access. In commercial or industrial developments, the PUD master plan should establish specific standards and locations for common access driveways both within the development and abutting arterial streets. Approval of the bonus provisions in this chapter for shared parking facilities should only be authorized in a PUD where this access commitment is provided in the PUD master plan.

(e)

PUD application and review procedures; planned unit development submission requirements.

(1)

The developer of a PUD shall follow a five-step application and review procedure:

a.

Optional pre-application review.

b.

Application for rezoning, submission of PUD master plan, including the design statement and master development plan map.

c.

Preliminary plat, where required by the subdivision regulations.

d.

Final plat, where required by the subdivision regulations.

e.

Application for a building permit and site plan review.

(2)

Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted in subsections (e)(1)c. and d. of this section. The planning commission and city council may, however, review more than one step at the same public hearing. The final plat, however, shall be considered at a separate hearing.

(3)

Public hearings.

a.

Public hearings shall be held on the application for rezoning and the PUD master plan in accordance with regular procedures for zoning applications established in this chapter.

b.

Public hearings on required plats shall be held in accordance with regular procedures established in this chapter and in the subdivision regulations.

(f)

Planned unit development review procedures.

(1)

Step 1; pre-application review. Prior to submission of an application for rezoning to a planned unit development, the applicant should discuss with the building inspector the procedure for adopting a planned unit development and the requirements for the general layout of major roadways and utilities, access to arterials, or general design and narrative, the availability of existing services, and similar matters. The building inspector shall also advise the applicant, where appropriate, to discuss the proposed planned unit development with those officials who must eventually approve the various aspects of the proposal coming within their jurisdiction. The intent of the pre-application review is to expedite the mandatory design review process and to facilitate the approval of a PUD master plan.

(2)

Step 2; application for rezoning and PUD master plan.

a.

The PUD application for rezoning submitted with a request for annexation or otherwise shall be filed in accordance with this chapter and on application forms. The PUD master plan, which is submitted with the application for rezoning, shall consist of a design statement and a master development plan map. The applicant shall also provide other supporting maps as necessary to meet the submission requirements of this section.

1.

The master development plan map shall be a graphic representation of the development plan for the area, prepared at a scale appropriate for the size of the project but no less than the minimum required for preliminary plats in the subdivision regulations. The purpose of the map is to conceptually portray the development commitments described in the PUD design statement. It is not a requirement that the map show such items as subdivision lines, location of specific structures, or exact location of streets. The complexity of the map information will depend upon the number and extent of varied land uses in the PUD. A single-use PUD, for example, should require less graphic information than a mixed use proposal, and it may be sufficient to outline and identify those general areas where conventional zoning district regulations will be utilized. The map shall show the following:

(i)

Location of proposed land uses and residential densities;

(ii)

Location of collector streets within the PUD and adjacent arterial streets;

(iii)

Sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, both existing and proposed;

(iv)

Location and approximate size of proposed open space and recreation areas;

(v)

Areas where access to streets will be limited, and location of driveways where appropriate;

(vi)

Any other pertinent information necessary for review, approval, and administration of the PUD.

2.

The PUD design statement shall be a written report submitted as a part of the PUD master plan containing a minimum of the following elements:

(i)

Title of the PUD;

(ii)

List of the owners or developers;

(iii)

Statement on the general location and relationship to adjoining land uses, both existing and proposed;

(iv)

Description of the PUD concept, including an acreage or square foot breakdown of land use areas and densities proposed, a general description proposed, a general description of building use types, proposed restrictions, and typical site layouts;

(v)

The existing PUD zoning districts in the development area and surrounding it;

(vi)

A list of all special development regulations or the conventional zoning district regulations which will be applicable; plus a list of requested variations to the subdivision regulations or other applicable development regulations;

(vii)

A statement on the existing and proposed streets, including right-of-way standards and street design concepts;

(viii)

The following physical characteristics: elevation, slope analysis, soil characteristics, tree cover, and drainage information;

(ix)

A topographic map with minimum two-foot contour intervals;

(x)

Drainage information, including number of acres in the drainage area and delineation of applicable flood levels;

(xi)

A statement of utility lines and services to be installed, including which lines will be dedicated to the city and which will remain private;

(xii)

The proposed densities, and the use types and sizes of structures; and

(xiii)

A description of the proposed sequence of development.

b.

Upon final approval by the city council of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the official zoning district map. The ordinance of rezoning shall adopt the PUD master plan by reference, and it shall be attached to the ordinance and become a part of the official records.

c.

The PUD master plan shall control the use and development of the property, and all building permits and development requests shall be in accord with the plan until it is otherwise amended by the city council. The developer shall furnish a reproducible copy of the approved master development plan map for signature by the chairperson of the planning commission, the mayor, and acknowledgement by the city clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the city clerk.

(3)

Step 3; preliminary plat. Upon approval of the PUD master plan and the ordinance of rezoning, the developer shall prepare a preliminary plat for the entire development area. Where a recorded plat exists and where there will be no extensive easements, no property owner's association, no plat restrictions, and no sale of lots which do not conform to the platted lot lines, the planning commission may waive the platting requirement.

(4)

Step 4; final plat. Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the city council. In addition to these procedures, the final plat shall include:

a.

Provisions for the ownership and maintenance of common open space. The open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the city council.

b.

A homeowner's or property owner's association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, service and parking areas, and recreation areas.

c.

Covenants shall be submitted to reasonably ensure the continued compliance with the approved PUD master plan. In order that the public interest may be protected, the city shall be made a beneficiary of the covenants. Such covenants shall provide that the city may enforce compliance therewith.

d.

If there is no plat required, then Paragraphs a., b., and c. above shall be submitted and aproved as a part of the PUD master plan at the time of rezoning.

(5)

Step 5; site plan. A site plan shall be submitted upon the application for a building permit and reviewed in accordance with procedures established in this chapter.

(g)

PUD review, approval and modification.

(1)

Design review process mandatory.

a.

At step 2, all planned unit development applications shall be reviewed through the design review process. Upon receipt of a completed application and application fee for PUD master plan review, the building inspector shall transmit the application and all supporting material to the various city departments involved with the design review process and to appropriate officials or agencies of city, county, adjoining counties or municipalities, school and special districts, and other official bodies as deemed necessary or as mandated by law including any review required by regional or state bodies under applicable state or federal law. Each participant shall consider all pertinent information, and shall provide the building inspector with a certified report of its findings, comments, and recommendations. The certified reports shall be transmitted to the building inspector within a period of time that shall permit the applicant to receive a design review report certified by the building inspector within 15 days following the acceptance of the application. A copy of the report will be entered into the project file. The report or revisions thereto shall also be forwarded to the planning commission with the application of PUD master plan and rezoning approval.

b.

The certified design review report shall advise the applicant whether or not significant changes or modifications should be made to the PUD master plan application prior to the proposal's consideration by the planning commission. The applicant may elect to present the application to the planning commission without modification.

c.

This process shall conform to the plat review process in the subdivision regulations. Where a preliminary plat and a PUD master plan are submitted together, they may be reviewed concurrently.

(2)

Public hearings. Public hearings by the planning commission shall be required prior to approval of steps 2 through 4. Notice shall be provided in accordance with regular procedures established in this chapter.

(3)

Administrative approval of minor amendments.

a.

The building inspector shall be permitted to approve minor amendments and adjustments to the PUD master plan, provided the following conditions are satisfied:

1.

The project boundaries are not altered.

2.

Uses other that those specifically approved in the PUD master plan are not added. Uses may be deleted but not to the extent that the character of the project is substantially altered.

3.

The allocation of land to particular uses or the relationship of uses within the project are not substantially altered.

4.

The density of housing is not increased more than ten percent or decreased by more than 30 percent.

5.

The land area allocated to nonresidential uses is not increased or decreased by more than ten percent.

6.

Floor area, if prescribed, is not increased or decreased by more that 25 percent.

7.

Floor area ratios, if prescribed, are not increased.

8.

Open space ratios, if prescribed, are not decreased.

9.

Height restrictions, yard requirements, lot coverage restrictions and other area, height and bulk requirements prescribed in the PUD master plan are not substantially altered.

10.

The circulation system is not substantially altered in design, configuration or location.

11.

The design and location of access points to the project are not substantially altered either in design or capacity.

b.

The building inspector shall determine if proposed amendments to an approved master development plan satisfy the above criteria. If the building inspector finds that these criteria are not satisfied, an amended PUD master plan shall be submitted for full review and approval according to the procedures set forth in these regulations.

c.

Any amendments or adjustments to the PUD master plan must be approved in writing by the building inspector.

(h)

Reversion; property owner request. If the property owner determines to abandon the PUD concept and nullify the PUD master plan, he shall make application for rezoning either to the original status or to a new classification. The application shall be heard according to regular procedures by the planning commission and city council.

(i)

Review; continuing review by city. If development of the PUD has not been started within three years of the date of approval of the PUD master plan, the building inspector shall request a report from the applicant/owner to determine the status of the project. Such additional requests may be made as necessary.

(Ord. of 1998, art. 6, § 14; Ord. No. 608, 4-8-1998)