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La Valley Township City Zoning Code

PD PLANNED

DEVELOPMENT DISTRICT

§ 154.195 INTENT.

   (A)   It is the intent of this district to provide flexibility from conventional zoning regulations with increased public review for PD Planned Development District projects in order to:
      (1)   Encourage well planned, efficient development;
      (2)   Allow a planned and coordinated mix of land uses which are compatible and are harmonious, but previously discouraged by conventional zoning procedures;
      (3)   Encourage the redevelopment of contiguous large lot parcels into an integrated and orderly subdivision pattern, with particular attention to developing an efficient and coordinated network of internal streets;
      (4)   Promote the clustering of residential structures and other uses without increasing overall density of the development area in order to preserve unique and natural features such as woodlands, wetlands, natural drainage systems, and scenic areas;
      (5)   Protect sensitive areas and areas with restrictive soil conditions within development areas through clustering of uses on land more suited for building;
      (6)   Reserve adequate public right-of-way within development areas for the eventual extension of arterial and collector streets, including proper width and spacing of such streets; and
      (7)   Improve communication and cooperation among the county, townships, land developers, and interested residents in the development of agricultural land and redevelopment of existing areas.
   (B)   It is not the intent of the PD Planned Development District to accommodate or encourage the development of isolated small tracts where adjoining parcels are not considered within an overall development scheme.
(Ord. 0904-05, passed 5-20-2009)

§ 154.196 PROCEDURE.

   (A)   Initial development plan.
      (1)   (a)   When a petitioner wants to request a rezoning to the Planned Development District, he or she shall submit his or her request to the Office of Planning and Zoning, showing the information specified in § 154.197, a minimum of 30 days prior to the Planning Commission meeting at which consideration is desired.
         (b)   After the planned development request has been reviewed, the Planning Commission shall make a recommendation to the Board of County Commissioners on the requested rezoning. The Board of County Commissioners shall then act to approve or deny said request.
      (2)   This request for rezoning is subject to the requirements for amendment of the zoning regulations specified in §§ 154.400 through 154.404. No permit shall be issued within the development until the final development plan is approved and the plat is filed.
   (B)   Final development plan.
      (1)   Prior to construction on any lots in the planned development, the petitioner shall present a final development plan, showing the information specified in § 154.198, to the Planning Commission, who shall have the sole authority to approve, deny, or amend said plan.
      (2)   The final development plan may be submitted in conjunction with the initial development plan for concurrent approval on any subareas the developer is ready to commit to a final plan. All the information required for both an initial and final development plan must be shown for the area submitted for concurrent approval, except that the developer may reference the requirements of one of the traditional zoning districts as the development standard for a particular subarea.
   (C)   Amendments.
      (1)   Major amendments. Major amendments to the initial and/or final development plan shall be required to be approved as an amendment to the zoning regulations, requiring Planning Commission review, and Board of County Commissioners approval.
      (2)   Minor amendments. Minor amendments to the initial and/or final development plan shall be required to be approved by the Planning Commission at a hearing. Notice of such hearing shall be given by the posting of a sign on the property. Minor amendments to the initial development plan may also be made by the submission and approval of a final development plan, which is changed from the approved initial development plan. Any such amendments shall be shown as a change from the initial development plan on the final development plan.
      (3)   Minimal amendments. Minimal amendments to the final development plan shall be submitted to the Planning Director on a reproducible development plan showing the requested changes. The Planning Director may then approve such change, in writing, if he or she deems it appropriate.
(Ord. 0904-05, passed 5-20-2009)

§ 154.197 INITIAL DEVELOPMENT PLAN.

   Upon application for rezoning to the Planned Development District, the petitioner shall present an initial development plan to the Planning Commission for review and to the Board of County Commissioners for their approval showing the following information:
   (A)   Project name and legal description;
   (B)   A preliminary subdivision plan; and
   (C)   The proposed development scheme showing the following information:
      (1)   The proposed land uses, including the number and type of proposed residential buildings, the proposed number of dwelling units per building, the number and type of any proposed non-residential buildings, and their square footage;
      (2)   The proposed maximum density of the development, which shall not exceed the density allowed in the traditional zoning districts for similar uses, except where unique physical, environmental, or design characteristics make such densities undesirable;
      (3)   The proposed minimum setbacks which shall be no less than those required in the traditional zoning districts for similar uses, except where unique physical, environmental, or design characteristics make such setbacks undesirable;
      (4)   The proposed maximum height which shall be no greater than that required in the traditional zoning districts for similar uses, except where unique physical, environmental, or design characteristics make such heights undesirable;
      (5)   Proposed design features illustrating compatibility to the surrounding environment and neighborhood; and
      (6)   Anticipated subarea development sequence.
(Ord. 0904-05, passed 5-20-2009)

§ 154.198 FINAL DEVELOPMENT PLAN.

   Prior to construction on any lots in the Planned Development Zoning District, the petitioner shall present a final development plan to the Planning Commission for their approval. The final development plan shall show the following information:
   (A)   The subdivision name, the legal description, and the individual project name (if any);
   (B)   Boundaries of the subarea or subareas submitted for approval superimposed on the map of the initial development plan;
   (C)   A subdivision plat of the subarea or subareas submitted for approval; and
   (D)   A scale drawing showing the following information will be required for everything except single-family detached dwelling subareas:
      (1)   Size and location of proposed structures including height and number of units;
      (2)   Calculated floor area for each structure and a generic listing of the uses within said structure;
      (3)   Off-street parking lot arrangement designating all parking spaces, off-street loading spaces, and any outdoor trash container spaces;
      (4)   Any sidewalks, bikeways, or other paths;
      (5)   Landscaping plans showing the type and location of any walls or fences, the placement, size and species of any trees or shrubs, and berms in areas that will be sod or seeded;
      (6)   All existing and proposed utilities, drainageways, water courses, and location of above ground existing utilities on adjacent property;
      (7)   Proposed final ground contours;
      (8)   Existing and proposed uses adjacent to the area;
      (9)   Documentation of the ownership and maintenance responsibility of any common open spaces, structures, or facilities including private streets;
      (10)   (a)   Any subareas proposed for multiple residential development will be required to provide an open area for recreation;
         (b)   Said open spaces shall not be included in any required yard, but shall be located in the same subarea it is intended to serve;
      (11)   Proposed parking and loading spaces which shall be in conformance with §§ 154.300 through 154.304, except where unique physical, environmental, or design characteristics make such requirements undesirable; and
      (12)   (a)   Unless otherwise specified on the final development plan, all development standards shall be the same as those set forth in the traditional zoning districts, which shall be referenced for each subarea as a part of the final development plan.
         (b)   For example, townhouses on Block X shall be developed in conformance with the requirements of the RD Residential District.
(Ord. 0904-05, passed 5-20-2009)

§ 154.199 AMENDMENTS.

   (A)   Major amendments. The following changes in an initial and/or final development plan are considered major amendments:
      (1)   Any change in the proposed land uses;
      (2)   Any major change in the street pattern; and
      (3)   An increase in density above that is provided for in division (B)(5) below.
   (B)   Minor amendments. The following changes in an initial and/or final development plan are considered minor amendments:
      (1)   Any adjustment in the size or shape of the building envelope (increasing the height or reducing the building setback);
      (2)   Major decrease in density;
      (3)   Any decrease in the size of required open areas;
      (4)   A minor change in the street pattern; and
      (5)   Any increase in density of a subarea:
         (a)   Less than 25% for a subarea with less than eight units;
         (b)   Less than 15% for a subarea with between nine and 20 units; and
         (c)   Less than 8% for a subarea with 21 units or more.
   (C)   Minimal amendments. The following changes in an initial and/or final development plan are considered minimal amendments:
      (1)   Any adjustment of a building within a previously established building envelope; and
      (2)   A minor reduction in density.
(Ord. 0904-05, passed 5-20-2009)

§ 154.200 PLANNED DEVELOPMENT DISTRICTS.

   Planned development districts shall be as enumerated in §§ 154.201 et seq.
(Ord. 0904-05, passed 5-20-2009)

§ 154.201 TALLGRASS PLANNED DEVELOPMENT DISTRICT.

   The regulations set forth herein or elsewhere in this chapter are the district regulations in the Tallgrass Planned Development District.
   (A)   Uses permitted. A building or premises shall be permitted to be used for a single-family dwelling and maximum of two dwelling units, each of which is to be used for a supervised, residential chemical dependency recovery program.
   (B)   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in this district and restricted as follows:
      (1)   (a)   A maximum of three accessory buildings limited to a total maximum floor area of 1,500 square feet with any building not to exceed 800 square feet;
         (b)   The accessory buildings shall specifically include a maximum of one horse barn or stable, a maximum of two equipment and machinery sheds, and other accessory buildings as permitted by this chapter;
      (2)   Horses not to exceed six in number;
      (3)   All accessory uses listed in § 154.248 shall be permitted; and
      (4)   A parking lot with a maximum of 45 parking spaces.
   (C)   Parking regulations. Parking regulations shall be regulated in conformance with the provisions of §§ 154.300 through 154.304, except that off-street parking for specific uses shall be required as follows:
      (1)   Single-family dwelling: one space for each dwelling unit; and
      (2)   A maximum of two dwellings units, each of which is to be used for a supervised, residential chemical dependency recovery program: one parking space for every two beds.
   (D)   Sign regulations. Sign regulations shall be regulated in conformance with the provisions of §§ 154.315 through 154.323, except that signs for specific uses shall be limited as follows:
      (1)   Single-family dwelling: the same regulations shall apply as in the R Rural Residential District; and
      (2)   A maximum of two dwelling units, each of which is to be used for a supervised, residential chemical dependency recovery program: the same regulations shall apply as permitted in § 154.319(D).
   (E)   Density, area, yard, and height regulations. The same requirements shall apply as in the RR Rural Residential District.
   (F)   Other regulations. Other regulations shall include the following.
      (1)   All dwellings permitted in this district shall be served by an on-site wastewater system, installed, and operated in accordance with the DENR and county regulations.
      (2)   The landscaping, shrubbery, and trees on the property shall be maintained in similar or improved condition from the date of approval of this chapter. Such requirement shall not prevent the occupant(s) from removing or relocating any landscaping, shrubbery, or trees on the property in order to construct any improvements permitted in this district or in furtherance of the maintenance of the landscaping, shrubbery, and trees in a similar or improved condition.
      (3)   (a)   Prior to occupancy by participants in the recovery program, the dwelling(s) will be inspected by the appropriate entity for compliance with any applicable fire, building, plumbing, mechanical, and/or electrical codes and regulations.
         (b)   If any deficiencies are noted, the same shall be corrected before participants in the recovery program are allowed to move in.
(Ord. 0904-05, passed 5-20-2009)

§ 154.202 COMMERCE PARK PLANNED DEVELOPMENT DISTRICT.

   The regulations set forth herein or elsewhere in this chapter are the district regulations for the 18/29 Commerce Park Planned Development District:
   (A)   Uses permitted. A building, space, lot, or premises shall be permitted to be used for the following purposes and not otherwise in the following identified district or subarea.
      (1)   Subarea A. Livestock sales barn and all usual improvements for the conduct of a livestock auction business, including livestock pens, loading/unloading chutes, vehicle and trailer parking areas, and lagoons or ponds associated with the detention of storm waters, animal wastes, and human wastes, designed, maintained, and operated in accord with the general or site specific permit of the Department of Environment and Natural Resources, or other applicable law or regulation otherwise applicable to a concentrated animal feeding operation, such uses to observe all applicable setback or separation distances provided for in § 154.250(F), as amended.
      (2)   Subarea B.
         (a)   Office, bank, or financial institution; nursery or greenhouse; retail sales and trade, personal services, communication facilities and warehousing; wholesale trade; equipment sales, display, service, rental or repair; transportation services; lumberyard, building construction center; contractor’s shop and storage yard; car wash; permitted special uses: warehousing and repair services, and communication facilities; and, provided:
            1.   No outside storage is conducted on the premises;
            2.   No storage of a regulated substance is undertaken; and
            3.   The building contains 20,000 square feet of area or less; veterinarian clinic, provided no outside kenneling of animals; frozen food locker, containing 20,000 square feet of area or less; on site signs, in conformity with §§ 154.335 through 154.340; uses, as would otherwise be appropriate in the C District, as listed in § 154.116 and § 154.117; light manufacturing; and uses similar to those listed, but not otherwise specified.
         (b)   When a conditional use permit shall have been granted under the provisions of §§ 154.375 through 154.386 et seq., animal slaughter, meat packing, or processing; or uses which store or handle a regulated substance.
         (c)   Vehicle or equipment parking areas, and lagoons or ponds associated with the detention of storm waters and human wastes, to be designed, maintained, and operated in accord with permits and requirements of the Department of Environment and Natural Resources, or other applicable law or regulation otherwise applicable to such uses.
   (B)   Accessory uses. Accessory uses and buildings permitted are those customarily incident to any permitted use in the following referenced district or subarea thereof, and further restricted as follows:
      (1)   Subarea A. Livestock sales barn may additionally provide auction services on-site for farm machinery or goods or other personal property, and may also provide, by lease to tenant or otherwise, on-premises food and beverage services, including café, to serve the needs of patrons, visitors, or general public; and
      (2)   Subarea B. Uses normally ancillary or subordinate to the permitted uses, as specified in division (B)(1) above.
   (C)   Parking regulations. The parking regulations for the 18/29 Commerce Park Planned Development District are as follows:
      (1)   Subarea A. Parking regulations for this subarea shall be those specified in § 154.300(B); off-street parking may be provided within 300 feet of the livestock sales barn, the number of spaces to be consistent with § 154.301(K), based on the number of seats in the sales pavilion area, without increase on account of café or other accessory uses therein.
      (2)   Subarea B. Parking regulations for this subarea shall be as follows.
         (a)   One parking space shall be provided for each 400 square feet of floor area.
         (b)   Parking lots and driveways shall be hard-surfaced, or finished by durable recycled materials, as selected by the developer.
         (c)   Parking may be provided within 300 feet of the principal use.
   (D)   Sign regulations. Sign regulations for the 18/29 Commerce Park Planned Development District, both Subareas A and B, shall be as follows:
      (1)   On-site signs. The provisions of § 154.316(C), shall apply to this District, and the provisions of § 154.318(B), shall apply to this District.
      (2)   Regulations for on-site signs. Wall signs, projecting signs, roof signs, and freestanding signs in the District shall be governed by the provisions of § 154.317.
      (3)   Off-site signs. Off-site signs are not allowed in the District, except the livestock sale barn in Subarea A may maintain a freestanding sign within Subarea B, of size and height otherwise consistent with this division (D). The developer or manager of the property in the District may also maintain a pylon or other sign arrangements at or near the public entrance to the District for purposes of maintaining signs as if a “shopping center” within the meaning of § 154.318(A), provided the application of § 154.318(A) shall not prevent the use of other on-site freestanding signs within the District as meet the requirements of § 154.317(D).
   (E)   Density, area, yard, and height regulations.
      (1)   Subarea A.
         (a)   Density. A maximum of one livestock sales barn may be located in Subarea A, and minimum lot size for such use shall be five acres.
         (b)   Other regulations. Front, side, and rear yards as pertain in the I-2 General Industrial District. Maximum height, 48 feet, except for on-site signs where greater height may be allowed under § 154.161, and communications devices and support structures, which shall be governed by the maximum height restrictions of § 154.162.
      (2)   Subarea B.
         (a)   Density. On principal use per lot, one-acre minimum lot size.
         (b)   Other regulations. Thirty feet front yard, 20 feet side yard, 20 feet rear yard.
         (c)   Maximum height. Thirty-five feet, except for on-site or off-site signs where greater height may be allowed under § 154.161.
   (F)   Other regulations. Additional regulations for the District include the following:
      (1)   Subarea A.
         (a)   All liquid animal wastes shall be contained in lagoons constructed and maintained in accordance with plans approved by the DENR, and the livestock sales barn shall be covered either by a general or site-specific permit.
         (b)   All waste disposal and management, including dry manure and mixed waste materials, shall be conducted and pursued under a waste management plan, prepared by a licensed engineer, consistently with § 154.250(D) and reviewed by the DENR, reviewable also at the option of the Planning Commission. The waste management plan shall meet all minimum requirements of § 154.250, including the disposal separation distances specified in § 154.250(D)(2)(e).
         (c)   The animal waste facilities used by the livestock sales barn shall meet, at minimum, the setback chart provided for a Class C CAFO in § 154.250(F) (unless such separation distance is waived by an authorized person, business, or governmental entity, by written instrument duly recorded and running with the land to be burdened), notwithstanding any intensity of use under which the animal units on hand for purposes of sale by their owners may be greater than the animal units meeting the definition of a Class C CAFO.
         (d)   The livestock sales barn shall not keep or maintain an animal on the premises, meeting the definition of livestock, and intended by the owners to be sold at a publicly advertised or announced sale, for more than 60 consecutive hours.
         (e)   All structures shall be designed so that human wastes from uses in the subarea shall be connected to and collected in a sewage lagoon designed and maintained in accord with the regulations of the DENR.
         (f)   Trash bins or other receptacles outside of structures or buildings shall be screened or fenced, and periodically emptied and removed (not less than once per week) by commercial refuse haulers.
         (g)   No trash, garbage, or other refuse shall be stockpiled, burned, or buried upon any premises within the subarea, provided manure may be accumulated pending disposal in accord with the waste management plan.
      (2)   Subarea B.
         (a)   All structures shall be designed so that human wastes from uses in the subarea shall be connected to and collected in a sewage lagoon designed and maintained in accord with regulations of the DENR.
         (b)   Trash bins or other receptacles outside of structures or buildings shall be screened or fenced, and periodically emptied and removed (not less than once per week) by commercial refuse haulers. No trash, garbage, or refuse shall be burned or buried on any premises within the subarea.
(Ord. 0904-05, passed 5-20-2009)

§ 154.203 TOM SAWYER PLANNED DEVELOPMENT DISTRICT.

   The regulations set forth herein or elsewhere in this chapter are the district regulations for the Tom Sawyer Planned Development District:
   (A)   Uses permitted. A building, space, lot, or premises shall be permitted to be used for the following purposes and not otherwise in the following identified district or subarea:
      (1)   Subarea A.
         (a)   Permissive uses. Office; bank or financial institution; group day care, day care center, group home; mortuary; indoor recreational facility; nursery or greenhouse; church; neighborhood utility facility.
         (b)   Permitted special uses. Retail sales and trade, personal services, communication facilities, and warehousing, provided:
            1.   No outside storage is conducted on the premises;
            2.   No storage of a regulated substance is undertaken; and
            3.   The building contains 10,000 square feet of area or less; veterinarian clinic, provided no outside kenneling of dogs; frozen food locker, containing 10,000 square feet of area or less; on-site signs, in conformity with §§ 154.315 through 154.323.
         (c)   Conditional uses. Contractor’s shop and storage yard; garage, public storage; retail sales and trade, including new or used farm and livestock-related equipment; trailers and vehicles but only in Lots 1 and 2 of Block 1 of the Tom Sawyer Addition.
      (2)   Subarea B. The buildings, lots, or premises in this Subarea will be permitted to be used for “single-family dwelling,” served by an on-site wastewater system, installed and operated in accordance with the DENR and county regulations.
   (B)   Accessory uses. Accessory uses and buildings permitted are those customarily incident to any permitted use in the following referenced district or subarea thereof, and further restricted as follows:
      (1)   Subarea A. Consistent with § 154.119; and
      (2)   Subarea B. Consistent with § 154.079.
   (C)   Parking regulations. The parking (together with off-street loading requirements) regulations for the Planned Development District shall be in accord with the following.
      (1)   Subarea A. Parking regulations and off-street loading requirements for Subarea A shall be those specified in §§ 11.04 and 11.05 of Harrisburg Zoning Regulations, as such are in force and in effect on the date of this section, incorporated herein by this reference.
      (2)   Subarea B. Parking regulations for Subarea B shall be those specified in § 11.04 of Harrisburg Zoning Regulations, such as are in force and in effect on the date of this section, incorporated herein by this reference.
   (D)   Sign regulations. Sign regulations for the Planned Development District, Subarea A, shall be as follows:
      (1)   On-site signs. The provisions of § 11.06, “On-Premises Signs,” Harrisburg Zoning Regulations, for Zoning District “GB” shall apply to this District, Subarea A, as such are in force and in effect on the date of this section, having been incorporated herein by this reference.
      (2)   Regulations for on-site signs. Wall signs, projecting signs, roof signs, and freestanding signs in this District, Subarea A, shall be governed by the provisions of § 11.06, Harrisburg Zoning Regulations, as such are in force and in effect on the date of this section, and establishing regulations for “on-premises” signs in the “GB” Zoning District, such regulations being incorporated herein by this reference.
      (3)   Off-site signs. Off-site signs shall be allowed in this District, Subarea A, consistently with the provisions applicable to “off-premises” signs in the “GB” Zoning District, § 11.07, Harrisburg Zoning Regulations, as such are in force and in effect on the date of this section, and incorporated herein by this reference.
   (E)   Density, area, yard, and height regulations.
      (1)   Subarea A. All uses in this District shall, if also named as a permitted use in § 8.01 of Harrisburg Zoning Regulations, shall comply with the density, area, yard, and height regulations established in § 8.02 of Harrisburg Zoning Regulations, such as are in force and in effect on the date of this section, incorporated herein by this reference. All uses in the District not shown as a permitted use in § 8.01 of Harrisburg Zoning Regulations (as in force on the date of this section), but shown as a permitted use in § 9.01 of Harrisburg Zoning Regulations, shall comply with the regulations established in § 9.02 of Harrisburg Zoning Regulations, as are in force and in effect on the date of this section, incorporated herein by this reference.
      (2)   Subarea B. Uses in this District shall comply with the minimum area, width, front yard, side yard, rear yard, and maximum height requirements of § 4.02 of Harrisburg Zoning Regulations, as well as § 5.08 of this Harrisburg Zoning Regulations.
   (F)   Other regulations. Additional regulations for the District include the following:
      (1)   Subarea A. All uses within the District shall observe and comply with “Architectural Standards, General Landscaping and Buffer Requirements,” all as set forth in § 11.11 of Harrisburg Zoning Ordinance as is in force and effect on the date of this section, incorporated herein by this reference; in particular, uses shall comply with § 11.11(C.5) to the extent such use is a non-residential building abutting Minnesota Avenue (abutting Subarea A to the east). In the event of conflict between the requirements of this chapter and Harrisburg Zoning Regulations as to minimum requirements, all uses shall comply with the most restrictive minimum requirements, while as to maximum requirements, all uses shall observe and comply with both regulations.
      (2)   Subarea B. All uses within the District shall observe and comply with “Architectural Standards, General Landscaping and Buffer Requirements,” all as set forth in § 11.11 of Harrisburg Zoning Ordinance, as well as §§ 11.02, 11.03, 11.08, and 11.10 of Harrisburg Zoning Regulations, all as in force and effect on the date of this section, incorporated herein by this reference.
(Ord. 0904-05, passed 5-20-2009; Ord. 0909-24, passed 9-29-2009)

§ 154.204 VAN BEEK FAMILY FOUNDATION PLANNED DEVELOPMENT DISTRICT.

   The regulations set forth herein or elsewhere in this chapter are the district regulations for the Van Beek Family Foundation Planned Development District.
   (A)   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
      (1)   A maximum of one single-family dwelling;
      (2)   Museum;
      (3)   Events center with sleeping quarters; and
      (4)   Agriculture.
   (B)   Accessory uses. Accessory uses and buildings permitted are those buildings and uses customarily incident to a use allowed in the A-l Agricultural District.
   (C)   Parking regulations. Parking shall be regulated in conformance with the provisions of the A-l Agricultural District.
   (D)   Sign regulations. Signs shall be regulated in conformance with the provisions of the A-l Agricultural District.
   (E)   Density, area, yard, and height regulations. Density, area, yard, and height shall be regulated in conformance with the provisions of the A-1 Agricultural District.
(Ord. 0904-05, passed 5-20-2009)

§ 154.205 L.G. EVERIST/ACE READY MIX PLANNED DEVELOPMENT DISTRICT.

   The regulations set forth herein or elsewhere in this chapter are the district regulations in the L.G. Everist/Ace Ready Mix Planned Development District.
   (A)   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
      (1)   Wet and dry ready-mix concrete plant.
      (2)   Hot-mix asphalt plant.
      (3)   Contractor shop.
      (4)   Truck repair shop.
      (5)   General maintenance facilities.
      (6)   Those uses allowed as permissive, permitted special and conditional in the I-2 Zoning District.
   (B)   Accessory uses. Accessory uses and buildings permitted are those detached accessory buildings and uses customarily incidental to any use permitted use in the district.
   (C)   Parking regulations. Parking shall be regulated in conformance with the provisions of the I-2 General Industrial District.
   (D)   Sign regulations. Signs shall be regulated in conformance with the provisions of the I-2 Zoning District.
   (E)   Density, area, yard and height regulations. The same requirements shall apply as in the I-2 Zoning District except maximum height is 110 feet.
   (F)   Other regulations.
      (1)   Sample runoff water testing by a licensed laboratory for contaminants every quarter for the first year. Test a minimum of once per year thereafter if no problem exists the first year. Sample testing will be done following and site improvements and prior to start of operations to identify any water contaminants. Owner to pay for all testing.
      (2)   All construction related materials and equipment shall be stored or staged in designated areas. Any on-site fuel storage will be in approved containment systems.
      (3)   Lighting fixtures used to illuminate signs, parking areas, or for other purposes shall be so arranged that the source of light does not shine directly into adjacent properties or into traffic.
      (4)   Any truck washout area constructed must be a closed system where the wash water is filtered and reused.
      (5)   Dust shall be controlled with adequate mitigation methods on gravel roadways adjacent to the site, as well as any unpaved areas within the site.
      (6)   Returned concrete (Bring Back Mud) may be placed on-site, allowed to cure and crushed and stockpiled on-site in a designated and contained area.
      (7)   Returned asphalt surfacing may be placed on-site and crushed and stockpiled on-site in a designated and contained area.
      (8)   When possible, natural storm water drainage shall be preserved. Storm water shall be retained on-site in either existing or new wetlands or retention pond.
      (9)   An access management plan shall be submitted concurrent with the final development plan for county review and approval.
      (10)   Prior to issuance of a building permit, a final development plan shall be presented to the Planning Commission for their approval.
(Ord. 2203-04, passed 3-1-2022)

§ 154.206 NINE MILE PARK PLANNED DEVELOPMENT DISTRICT.

   The regulations set forth herein or elsewhere in this chapter are the district regulations for the Nine Mile Park Planned Development District:
   (A)   Subarea A.
      (1)   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
         (a)   Office;
         (b)   Bank or financial institution;
         (c)   Group day care, day care center, group home;
         (d)   Mortuary;
         (e)   Indoor recreational facility;
         (f)   Nursery or greenhouse;
         (g)   Church;
         (h)   Antenna support structure;
         (i)   Retail sales and trade, personal services, repair services, communication facilities, and warehousing;
         (j)   Veterinarian clinic, animal hospital, or animal shelter;
         (k)   Frozen food locker;
         (l)   Off-premises signs in conformance with §§ 154.335 through 154.340;
         (m)   Wholesale trade;
         (n)   Bar or lounge;
         (o)   Equipment sales, display, and repair;
         (p)   Motor vehicle sales, display, service, and rental;
         (q)   Auto body shop;
         (r)   Transportation, including gasoline service station, truck stop, and terminal;
         (s)   Recycling facility;
         (t)   Fireworks sales, provided sales are conducted from a permanent building when business operations exceed nine days;
         (u)   Uses which store or handle a regulated substance;
         (v)   Lumberyard;
         (w)   Contractor's shop and storage yard;
         (x)   Car wash;
         (y)   Airport/heliport;
         (z)   Hotel or motel;
         (aa)   Hospital;
         (bb)   Motor vehicle repair shop;
         (cc)   Public utility facility;
         (dd)   Campground;
         (ee)   Commercial recreation facility;
         (ff)   Wind conversion system;
         (gg)   Telecommunication and broadcast tower in conformance with § 154.252;
         (hh)   Electrical substation;
         (ii)   Light manufacturing;
         (jj)   Agriculture;
         (kk)   Public park; forest preserve;
         (ll)   Golf course, golf driving range;
         (mm)   Historic sites;
         (nn)   Private outdoor recreation facility;
         (oo)   Day or summer camp;
         (pp)   Rifle and pistol range; trap shoot;
         (qq)   Stable;
         (rr)   Kennel;
         (ss)   Roadside stand;
         (tt)   Fairgrounds;
         (uu)   Bed and breakfast establishment;
         (vv)   Hunting lodge;
         (ww)   Neighborhood utility facility; and
         (xx)   Public facility owned and operated by a governmental entity.
      (2)   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district.
      (3)   Parking regulations. Parking shall be regulated in conformance with the provisions of the C Commercial Zoning District.
      (4)   Sign regulations. Signs shall be regulated in conformance with the provisions of the C Commercial Zoning District.
      (5)   Density, area, yard and height regulations. The density, area, yard and height regulations shall be the same as the C Commercial Zoning District.
   (B)   Subarea B.
      (1)   Uses permitted. A building or premises shall be permitted to be used for the following purposes:
         (a)   Wet and dry ready-mix concrete plant;
         (b)   Hot-mix asphalt plant;
         (c)   Contractor's shop and storage yard;
         (d)   Truck repair shop;
         (e)   General maintenance facilities;
         (f)   Off-premises signs in conformance with §§ 154.335 through 154.340;
         (g)   Wholesale trade;
         (h)   Retail sales and trade, personal services, repair services, communication facilities, and warehousing; and
         (i)   General manufacturing.
      (2)   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incident to any permitted use in the district.
      (3)   Parking regulations. Parking shall be regulated in conformance with the provisions of the I-2 General Industrial Zoning District.
      (4)   Sign regulations. Signs shall be regulated in conformance with the provisions of the I-2 General Zoning District.
      (5)   Density, area, yard and height regulations. The maximum height and minimum lot requirements within Subarea B shall be as follows:
         (a)   General requirements: all uses.
            1.   Density         -
            2.   Lot area         -
            3.   Lot width         -
            4.   Front yard         30 feet
            5.   Side yard         10 feet
            6.   Rear yard         20 feet
            7.   Maximum height   110 feet
         (b)   There shall be a required front yard on each street side of a double frontage lot.
         (c)   There shall be a required front yard on each street side of a corner lot.
      (6)   Other regulations. Other regulations shall be:
         (a)   That any wet and dry ready-mix concrete plant unit shall be enclosed.
         (b)   That sample runoff water testing by a licensed laboratory for contaminants shall be conducted every quarter for the first year. That testing shall be a minimum of once per year thereafter if no problem exists the first year. That sample testing will be done following any site improvements and prior to start of operations to identify any water containment. That the owner/operator shall pay for all testing.
         (c)   That all construction related materials and equipment shall be stored or staged in designated areas. That any on-site fuel storage will be in approved containment systems.
         (d)   That any security lighting shall be installed to limit light pollution.
         (e)   That any truck washout area shall be a closed system where the wash water is filtered and reused.
         (f)   That dust will be controlled with adequate mitigation methods on any unpaved areas within the site.
         (g)   That any returned and recycled concrete will be crushed and stockpiled on- site in a designated area.
         (h)   That any returned and recycled asphalt will be crushed and stockpiled on- site in a designated area.
         (i)   That all activities shall comply with all federal, state, and local laws and regulations.
         (j)   That access approval shall be submitted concurrent with the final development plan.
         (k)   That prior to issuance of a building permit, a final development plan shall be presented to the Planning Commission for their approval.
(Ord. 2207-31, passed 7-26-2022)

§ 154.207 1-29 AG AND INDUSTRIAL PARK PLANNED DEVELOPMENT DISTRICT.

   The regulations set forth herein or elsewhere in this chapter are the district regulations in the I-29 Ag and Industrial Park Planned Development District.
   (A)   Subarea A (Tract 1).
      (1)   Uses permitted. A building or premises shall be permitted for those uses allowed as permissive, permitted special and conditional in the C Commercial Zoning District, except warehousing may exceed 10,000 square feet.
      (2)   Accessory uses. Accessory uses and buildings permitted are those detached accessory buildings and uses customarily incidental to any use permitted in the district.
      (3)   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 154.300 et seq.
      (4)   Sign regulations. Signs shall be regulated in conformance with the provisions of the C Commercial Zoning District.
      (5)   Density, area, yard and height regulations. The same requirements shall apply as in the C Commercial Zoning District.
      (6)   Other regulations.
         (a)   When possible, natural storm water drainage shall be preserved. Storm water shall be retained on-site in either existing or new wetlands or retention pond.
         (b)   A site landscape improvement plan for Subarea A shall be submitted with the final development plan for county review and approval, and shall include plant material selections and locations for trees, shrubs, berms, and fencing.
         (c)   Outside storage of any materials, supplies, or products shall not be permitted within any required setback or buffer area, and shall be properly screened.
         (d)   Lighting fixtures used to illuminate signs, parking areas, or for other purposes shall be so arranged that the source of light does not shine directly into traffic or adjacent properties.
         (e)   An access management plan shall be submitted concurrent with the final development plan for county review and approval.
         (f)   Prior to issuance of a building permit, a final development plan shall be presented to the Planning Commission for its approval.
   (B)   Subarea B (Tract 2).
      (1)   Uses permitted. A building or premises shall be permitted for those uses allowed as permissive, permitted special and conditional in the C, I-1, and I-2 zoning districts, except warehousing may exceed 10,000 square feet.
      (2)   Accessory uses. Accessory uses and buildings permitted are those detached accessory buildings and uses customarily incidental to any use permitted in the district.
      (3)   Parking regulations. Parking shall be regulated in conformance with the provisions of §§ 154.300 et seq.
      (4)   Sign regulations. Signs shall be regulated in conformance with the provisions of the C and I zoning districts.
      (5)   Density, area, yard and height regulations. The same requirements shall apply as in the I-2 Zoning District.
      (6)   Other regulations.
         (a)   When possible, natural storm water drainage shall be preserved. Storm water shall be retained on-site in either existing or new wetlands or retention pond.
         (b)   A minimum buffer of 25 feet shall be required around the entire perimeter of Subarea B. The buffer shall contain or shall be planted with trees and shrubs of sufficient density and of sufficient height (but in no case less than six-feet high at the time of planting) to afford adequate visual and noise protection. All screen planting shall be maintained in a clean and neat condition so as to accomplish its purpose continuously.
         (c)   Outside storage of any materials, supplies, or products shall not be permitted within any required setback or buffer area, and shall be properly screened.
         (d)   Lighting fixtures used to illuminate signs, parking areas, or for other purposes shall be so arranged that the source of light does not shine directly into traffic or adjacent properties.
         (e)   An access management plan shall be submitted concurrent with the final development plan for county review and approval.
         (f)   Prior to issuance of a building permit, a final development plan shall be presented to the Planning Commission for its approval.
(Ord. 2106-32, passed 6-22-2021)

§ 154.208 PURE BLISS PLANNED DEVELOPMENT DISTRICT.

   The regulations set forth herein or elsewhere in this chapter are the district regulations for the Pure Bliss Planned Development District.
   (A)   Uses permitted.
      (1)   Cannabis cultivation facility, provided it:
         (a)   Provides proof of registration with the State Department of Health, and at all times maintains a valid, accurate, and up-to-date registration with the State Department of Health. Should registration be revoked at any time, any permitted special use or conditional use shall immediately become void;
         (b)   Does not operate within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of a facility to the nearest property line of a public or private school;
         (c)   Operates entirely within an indoor, enclosed and secure facility;
         (d)   Does not emit dust, fumes, vapors or odors that can be seen, smelled or otherwise perceived from beyond the lot line for the property where the facility is operating.
      (2)   Cannabis product manufacturing facility, provided it:
         (a)   Provides proof of registration with the State Department of Health, and at all times maintains a valid, accurate, and up-to-date registration with the State Department of Health. Should registration be revoked at any time, any permitted special use or conditional use shall immediately become void;
         (b)   Does not operate within 1,000 feet, measured by a straight line in all directions, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises of a facility to the nearest property line of a public or private school;
         (c)   Operates entirely within an indoor, enclosed and secure facility;
         (d)   Does not emit dust, fumes, vapors or odors that can be seen, smelled or otherwise perceived from beyond the lot line for the property where the facility is operating.
      (3)   Agriculture.
   (B)   Accessory uses. Accessory uses and buildings permitted are those accessory buildings and uses customarily incidental to any permitted use allowed in the A-l Agricultural District.
   (C)   Parking regulations. Parking shall be regulated in conformance with the provisions of the A-l Agricultural District.
   (D)   Sign regulations. Signs shall be regulated in conformance with the provisions of the A-l Agricultural District.
   (E)   Density, area, yard and height regulations. The density, area, yard and height shall be regulated in conformance with the provisions of the A-l Agricultural District.
   (F)   Final development plan. Prior to future additions or any modifications to the agricultural building, a final development plan shall be presented to the Planning Commission for its approval.
(Ord. 2302-14, passed 2-7-2023)