(a)

Official zoning map.

(1)

The city is hereby divided into zones, or districts, as shown on the official zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared to be a part of this chapter.

(2)

The official zoning map shall be identified by the signature of the mayor attested by the city secretary, and bearing the seal of the city under the following words: "This is to certify that this is the Official Zoning Map referred to in Chapter 48 of the Code of Ordinances of the City of Los Fresnos, Texas.".

(3)

If, in accordance with the provisions of this article, changes are made in district boundaries or other matter portrayed on the official zoning map, such changes shall be entered on the official zoning map promptly after the amendment has been approved by the city council.

(4)

No changes of any nature shall be made in the official zoning map or matter shown thereon except in conformity with the procedures set forth in this article. Any unauthorized change of whatever kind by any person shall be considered a violation of this article and punishable as provided under section 48-318.

(5)

Regardless of the existence of purported copies of the official zoning map which may from time to time be made or published, the official zoning map which shall be located in the office of the city secretary shall be the final authority as to the current zoning status of land and water areas, buildings, and other structures in the city.

(b)

Replacement of official zoning map.

(1)

In the event that the official zoning map becomes damaged, destroyed, lost or difficult to interpret because of the nature or number of changes and additions, the city council may, by resolution, adopt a new official zoning map which shall supersede the prior official zoning map. The new official zoning map may correct drafting or other errors or omissions in the prior official zoning map, but no such correction shall have the effect of amending the original official zoning map or any subsequent amendment thereof.

(2)

Unless the prior official zoning map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment.

(c)

District designations. For the purposes of this article, the city is hereby divided into districts as provided in this article.

(d)

Determination of boundaries in questioned cases. Where uncertainty exists with respect to the boundaries of any of the aforesaid districts as shown on the official zoning map, the following rules shall apply:

(1)

Where district boundaries are indicated as approximately following lot lines, rail lines or water lines, such lines shall be construed to be such boundaries. All district boundary lines indicated on or within street rights-of-way shall be construed to be at the center of such right-of-way. Whenever any such street is vacated, the zoning indicated shall remain at the center of the vacated street right-of-way, unless changed through the normal zone change process.

(2)

Where district boundaries are so indicated that they are approximately parallel to the centerlines or street lines of streets, or the center or right-of-way lines of highways, rail lines or water lines, such district boundaries shall be construed as being parallel thereto and at such distance therefrom as indicated on the official zoning map. If distance is not given, such dimension shall be determined by the use of the scale on said map.

(3)

In the case of a district boundary line dividing a property in half, the district boundary line shall be construed to be consistent with the more restrictive zoning designation, and it shall apply to the entire property. In cases where the district boundary line divides a property into two unequal parts, the zoning district shall be construed to be consistent with the more restrictive zoning designation.

(e)

Zoning of newly annexed areas. All territory which may hereafter be annexed to the city shall be classified as lying and being in the R-1 (Single-Family Residential) district until such classification is changed by law or unless permanently zoned concurrent with annexation. The commission shall, within 120 days following annexation of any territory, recommend to the city council a permanent zoning classification and cause a zoning district map to be prepared if not permanently zoned with annexation. The procedure to be followed for permanent zoning shall be the same as is provided by law for the adoption of zoning changes, unless permanently zoned concurrent with annexation.

(Ord. No. 235, § 3, 6-22-1993)

(a)

Conformance required. Except as specified in this article, no land, building, structure or premises shall hereafter be used, and no building, or part thereof, or other structure, shall be located, erected, moved, reconstructed, extended, enlarged or altered except in conformity with the regulations herein specified for the district in which it is located; such regulations include, without limitation, the following: the use of buildings, signs, structures or land, including performance standards as defined herein, in connection with such use; the height, size, dimensions of buildings or structures; the size or dimensions of lots, yards, and other open spaces surrounding buildings; the provision, location, size, improvement and operation of off-street parking, loading and unloading spaces.

(b)

Additional uses; commission determination. In any zoning district, apart from those uses mentioned in this article as specifically permitted or similar uses, the only other land uses that may be allowed are those that may be permitted through the process of conditional use permits, zone changes or special use permits.

(c)

Conversion of buildings. See section 48-25.

(d)

Unsafe buildings. Nothing in these regulations shall prevent the strengthening or restoring to a safe condition of any part of any building or structure.

(e)

Division of existing lots.

(1)

No part of a yard, open space, or off-street parking or loading space required by this article for one land use shall be included as a part of a yard, open space, of off-street parking or loading space for another land use, unless specifically authorized by this article.

(2)

No yard or lot existing at the time of passage of the ordinance from which this article is derived shall be reduced in dimension or area below the minimum requirements set forth in this article. Yards or lots created after the effective date of the ordinance from which this chapter is derived shall meet at least the minimum requirements established by this article.

(Ord. No. 235, § 4, 6-22-1993)

(a)

Existing nonconforming uses; continuation. Except as specified in this article, the lawful use of a building, structure or land existing at the time of the adoption of the ordinance from which this article is derived may be continued, although such use does not conform with the provisions of this article for the district in which it is located. However, this section does not apply to division 7, subdivision IV, of this article, relating to regulation of signs. Continuation of nonconforming uses for signs shall only be as provided therein.

(b)

Nonconforming uses or buildings; enlargement. No existing building, structure or premises devoted to a use not permitted by this article in the district in which such building is located, except when required to do so by law or order, shall be enlarged, substituted or structurally altered, or, in cases in which the use in which the use is nonconforming, no expansion of that use is allowed which would necessitate additional parking or loading spaces.

(c)

Discontinuance of a use. No building, structure or land where a nonconforming use has been discontinued for a period of six consecutive months or more shall be put to a nonconforming use. When buildings (including mobile homes) are removed from a lot, the requirements of the zoning district shall apply to any new use.

(d)

Repairs and alterations. Repairs and maintenance work as required to keep it in sound condition may be made to a nonconforming building or structure. Alterations may be made that do not violate other parts of this article.

(e)

Replacing damaged building. Any nonconforming building or structure or one or more of a group of nonconforming buildings or structures which has been or may be damaged by fire, flood, explosion, earthquake, war or riot, or other calamity may be reconstructed and used as before if it is done within six months of such calamity, and if the area restored does not exceed the square foot area as it existed at the time of such calamity, and if other parts of this article are not violated. Said six-month time limit may be extended by the commission if the owner has shown a good faith effort to settle any insurance claims, or obtain financing, but has not been able to do so. If, however, the replacement cost of repairing the damage exceeds 50 percent of the appraised value of said building or structure, the right to operate such nonconforming use shall terminate. If normal wearing and age has caused a nonconforming building or structure to be in such a deteriorated condition that repair costs of the building or structure exceed 50 percent of the appraised value of said building or structure, the right to operate such nonconforming use shall terminate.

(f)

Nonconforming signs. See division 7, subdivision IV of this article.

(g)

Changing a nonconforming use.

(1)

Any nonconforming use that is changed to a conforming use cannot be changed back to a nonconforming use.

(2)

A nonconforming use may be changed to another nonconforming use provided that the following conditions are complied with:

a.

The new nonconforming use is a permitted use within the same or more restricted zoning district as the old nonconforming use.

b.

No new parking is constructed, and that the new use meets the required number of parking spaces determined by the available existing parking spaces.

c.

Compliance with all other requirements that are enumerated in this section.

(Ord. No. 235, § 5, 6-22-1993)

(a)

Purpose. It is the intent of the city within specified districts, to allow certain land uses which shall be specifically noted as conditional uses for that district. These conditional uses shall not be automatically allowable, but shall be approved or disapproved by the planning and zoning commission, after a public hearing held thereon. Conditional uses shall not be considered as a variance, waiver, nor a zone change to this article. The purpose of this procedure is to streamline and make more flexible the process of adjustments to this chapter in a limited number of specified situations.

(b)

Procedures.

(1)

Application. Application for a conditional use permit shall be filed with the planning department two weeks prior to the planning and zoning commission meeting. The application shall include the following:

a.

Name/address of owner/applicant.

b.

Address/property legal description.

c.

Statement that the applicant is the owner or authorized agent, or has a contract for sale.

d.

A statement describing the full nature and operating characteristics of the proposed use. For uses involving public assembly or industrial processing, or uses potentially generating high volumes of vehicular traffic, the commission may require specific information relative to the anticipated peak loads and peak use periods, relative to industrial processes and the ability of the use to meet performance standards, or substantiating the adequacy of proposed parking, loading and circulation facilities.

e.

Site plans, building elevations, improvement plans, and other such drawings, all sufficiently dimensioned land oriented to illustrate the following:

1.

The location and dimensions of boundary lines, easements, and required yards and setbacks.

2.

The location, height, bulk, general appearance, and intended use of existing and proposed buildings on the site, and the approximate location of existing buildings on abutting lots.

3.

The location of existing and proposed site improvements, including parking and loading areas, pedestrian and vehicular access, landscaped areas, utility or service areas, fencing and screening, signs and lighting, where applicable.

4.

The location of existing/proposed watercourses and drainage features.

5.

The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements, where applicable.

6.

For sites with an average slope greater than 15 percent, a plan showing proposed grading, drainage and erosion control measures.

7.

The relationship of the site and the proposed use to surrounding uses, including pedestrian and vehicular circulation, current use of nearby parcels, and any proposed off-site improvements to be made.

(2)

Preliminary conference. The applicant may meet with the staff to consider alternatives and the nature of his petition prior to or during the application process.

(3)

Public hearing and notice. The planning and zoning commission shall hold a public hearing on each application for a conditional use permit. Written notice shall be given at least ten days prior to the public hearing to all property owners within 200 feet of the area presented. At the public hearing, the commission shall review the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained.

(4)

Review by the planning department. The planning department shall review the application or proposal and shall prepare a report thereon which shall be filed with the planning and zoning commission prior to the public hearing.

(5)

Action by the planning and zoning commission. The commission may grant the conditional use permit as presented, or in a modified form, or subject to conditions, or it may deny the application on the grounds of being incompatible with neighboring uses.

(6)

Review and evaluation criteria. The commission shall review and evaluate each conditional use application using the following criteria:

a.

That the granting of the permit will not be contrary to the public interest.

b.

Conformance with applicable regulations and standards established by the zoning district for which the use is identified.

c.

Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development and access and circulation features.

d.

Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use.

e.

Modifications to the site plan which would result in increased compatibility, or would mitigate potentially unfavorable impacts, or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare.

f.

Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use.

g.

Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards or impacts.

h.

Location, lighting, and signage; and relation of signs to traffic control and adverse effect on adjacent properties.

i.

Adequacy and convenience of off-street parking and loading facilities, where applicable.

(7)

Findings. The planning and zoning commission shall make the following findings prior to the granting of a conditional use permit:

a.

That the proposed use is compatible with the objectives of this article and the general purposes of the zone in the neighborhood in which the site is located.

b.

That the proposed use will comply with the applicable provisions of this article.

c.

That the proposed use and its site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity.

d.

That any conditions for approval are necessary to minimize potentially unfavorable impacts on nearby uses and to ensure compatibility of the proposed use with existing or permitted uses in the same district and the surrounding area.

e.

That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(8)

Conditions of approval.

a.

The planning and zoning commission may establish conditions for approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications regulating vehicular ingress and egress, and traffic circulation, regulation of signs, regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements, establishment of development schedules or time limits for performance of completion, and such other conditions as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare.

b.

The commission may set a time period after which the permit shall lapse, and the land uses allowed shall revert to that of the underlying zone. If the owner is not in compliance after the 30-day suspension, the permit shall be revoked without need for another hearing, and the owner shall terminate the use of the property as granted by the permit, and the land uses allowed shall revert to that of the underlying zone.

(9)

Suspension and revocation.

a.

Upon violation of any applicable provision of this article, or, if granted subject to conditions, upon failure to comply with stated conditions, a conditional use permit shall be suspended upon a 30-day notice of noncompliance given to the owner of a use or property subject to the conditional use permit.

b.

If no time period is established, then the permit shall run with the land until such time as there is a violation, and the permit is revoked, or until by action of the council the permit is revoked in the public interest.

c.

Notification shall be made through action of the planning and zoning commission, after a public hearing, and after a certified letter of said hearing is mailed to the owner at least two weeks prior to said hearing.

(10)

Conditional use permits; nonconforming uses. A conditional use permit may be applied for the reconstruction of a structure housing a preexisting nonconforming use if the structure is destroyed by fire, flood, or other calamity, to a greater extent than 50 percent. The extent of damage or partial destruction shall be based upon the ratio of the estimated cost of restoring the structure to its condition prior to such damage or partial destruction, to the appraised value of the structure as it existed prior thereto. Estimates for this purpose shall be made by or shall be reviewed and approved by the building department and shall be based on the minimum cost of construction in compliance with the currently adopted building code. If a conditional use permit is applied for, all the requirements of this section are applicable.

(11)

Effective date. The decision of the planning and zoning commission shall be effective ten days after the date of the decision.

(12)

Appeal to city council. A decision of the planning and zoning commission may be appealed to the city council not more than ten days after the date of action through the submission of a letter to the city secretary. Not more than 40 days following the filing of an appeal, the council shall hold a public hearing on the appeal. Notice shall be given ten days prior to council hearing to all property owners within 200 feet of the application. The decision of the council shall be final and become effective immediately. In order to appeal to city council, the appellant must be either the petitioner for the conditional use permit, or a property owner within 200 feet.

(13)

Certificates of occupancy. A certificate of occupancy shall be required after compliance with the stipulations of the permit, and prior to occupancy. No certificate of occupancy shall be granted until all the requirements imposed by the commission are complied with for the property in question.

(Ord. No. 235, § 6, 6-22-1993)

(a)

Purpose.

(1)

The planning and zoning commission of the city may, after conducting a public hearing as required for all amendments to this article in accordance with the provisions of section 48-316(c), authorize for specific parcels of land the issuance of special use permits in accordance with the requirements of this section.

(2)

The special use permit must be approved by the commission, and such action does not change the zoning on the land, but establishes a permit for a specific use with an approved plan. Violations of the approved plan are violations of this chapter and subject to the penalties contained herein. The commission shall execute the provisions of this section for the protection of the health, safety, comfort, convenience, and welfare of the public. Decisions shall not be detrimental to the economic welfare of the community and will be consistent with the intent and purpose of this article and the comprehensive plan.

(b)

Procedures.

(1)

Application. Application for a special use permit shall be filed with the planning department two weeks prior to the planning and zoning commission meeting when such application is to be considered. The application shall include the following:

a.

Name and address of owner and applicant.

b.

Address and property legal description.

c.

Statement that the applicant is the owner or authorized agent, or has a contract for sale.

d.

A statement describing the full nature and operating characteristics of the proposed use. For uses potentially generating high volumes of vehicular traffic, the commission may require specific information relative to the anticipated peak loads and peak use periods, the ability of the use to meet performance standards, or substantiating the adequacy of proposed parking, loading and circulation facilities.

e.

Site plans, building elevations, improvement plans, and other such drawings, all sufficiently dimensioned land oriented to illustrate the following:

1.

The location and dimensions of boundary lines, easements, and required yards and setbacks.

2.

The location, height, bulk, general appearance, and intended use of existing and proposed buildings on the site, and the approximate location of existing buildings on abutting lots.

3.

The location of existing and proposed site improvements, including parking and loading areas, pedestrian and vehicular access, landscaped areas, utility or service areas, fencing and screening, signs and lighting, where applicable.

4.

The location of existing/proposed watercourses and drainage features.

5.

The number of existing and proposed off-street parking and loading spaces, and a calculation of applicable minimum requirements, where applicable.

6.

For sites with an average slope greater than 15 percent, a plan showing proposed grading, drainage and erosion control measures.

7.

The relationship of the site and the proposed use to surrounding uses, including pedestrian and vehicular circulation, current use of nearby parcels, and any proposed off-site improvements to be made.

(2)

Preliminary conference. The applicant shall meet with the city staff from the planning department to consider alternatives and the nature of his petition prior to or during the application process.

(3)

Public hearing and notice. The planning and zoning commission shall hold a public hearing on each application for a special use permit. Written notice shall be given at least ten days prior to the public hearing to all property owners within 200 feet of the area presented. At the public hearing, the commission shall review the application and shall receive pertinent evidence concerning the proposed use and the proposed conditions under which it would be operated or maintained.

(4)

Review by the planning department. The planning department shall review the application or proposal and shall prepare a report thereon which shall be filed with the planning and zoning commission prior to the public hearing.

(5)

Action by the planning and zoning commission. The commission may grant the special use permit as presented, or in a modified form, or subject to conditions, or it may deny the application.

(6)

Review and evaluation criteria. The commission shall review and evaluate each special use application using the following criteria:

a.

That the granting of the permit will not be contrary to the public interest.

b.

Conformance with applicable regulations and standards established by the zoning district for which the use is identified.

c.

Compatibility with existing or permitted uses on abutting sites, in terms of building height, bulk and scale, setbacks and open spaces, landscaping and site development and access and circulation features.

d.

Potentially unfavorable effects or impacts on other existing or permitted uses on abutting sites, to the extent such impacts exceed those which reasonably may result from use of the site by a permitted use.

e.

Modifications to the site plan which would result in increased compatibility, or would result in unfavorable impacts, or would be necessary to conform to applicable regulations and standards and to protect the public health, safety, morals and general welfare.

f.

Safety and convenience of vehicular and pedestrian circulation in the vicinity, including traffic reasonably expected to be generated by the proposed use.

g.

Protection of persons and property from erosion, flood or water damage, fire, noise, glare and similar hazards or impacts.

h.

Location, lighting, and signage; and relation of signs to traffic control and adverse effect on adjacent properties.

i.

Adequacy and convenience of off-street parking and loading facilities, where applicable.

(7)

Findings. The planning and zoning commission shall make the following findings prior to the granting of a special use permit:

a.

That the proposed use is compatible with the objectives of this article and the general purposes of the zone in the neighborhood in which the site is located.

b.

That the proposed use and its site development, together with any modifications applicable thereto, will be compatible with existing or permitted uses in the vicinity.

c.

That any conditions for approval are necessary to minimize potentially unfavorable impacts on nearby uses and to ensure compatibility of the proposed use with existing or permitted uses in the same district and the surrounding area.

d.

That the proposed use, together with the conditions applicable thereto, will not be detrimental to the public health, safety or welfare, or materially injurious to properties or improvements in the vicinity.

(8)

Conditions of approval. The planning and zoning commission may establish conditions for approval. Conditions may include, but shall not be limited to, requirements for special yards, open spaces, buffers, fences, walls and screening; requirements for installation and maintenance of landscaping and erosion control measures; requirements for street improvements and dedications regulating vehicular ingress and egress, and traffic circulation, regulation of signs, regulation of hours or other characteristics of operation; requirements for maintenance of landscaping and other improvements, establishment of development schedules or time limits for performance of completion, and such other conditions as the commission may deem necessary to ensure compatibility with surrounding uses, to preserve the public health, safety and welfare. The commission may set a time period after which the permit shall lapse, and the land uses allowed shall revert to that of the underlying zone.

(9)

Suspension and revocation.

a.

Upon violation of any applicable provision of this article, or, if granted subject to conditions, upon failure to comply with stated conditions, a special use permit shall be suspended by the commission.

b.

Notifications shall be made through action of the planning and zoning commission, after a public hearing, and after a certified letter of said hearing is mailed to the owner at least two weeks prior to said hearing. The commission shall give the owner not longer than 30 days to comply with the conditions of his permit.

c.

If the owner is not in compliance after the 30-day period, the permit shall be revoked without need for another hearing, and the owner shall terminate the use of the property as granted by the permit, and the land uses allowed shall revert to that of the underlying zone.

d.

In addition, the council may take action to revoke a permit issued by the commission if the operation of the specific use is determined to be contrary to the public interest. Said action must be taken after a public hearing, in which the owner/operator of the specific use has been given written notice.

(10)

Effective date. The decision of the planning and zoning commission shall be effective ten days after the date of the decision.

(11)

Appeal to city council. A decision of the planning and zoning commission may be appealed to the city council not more than ten days after the date of action through the submission of a letter to the city secretary. Not more than 40 days following the filing of an appeal, the council shall hold a public hearing on the appeal. Notice shall be given ten days prior to council hearing to all property owners within 200 feet of the land. The decision of the council shall be final and become effective immediately. In order to appeal to city council, the appellant must be either the petitioner for the special use permit, any party aggrieved by the decision of the commission, or the city.

(12)

Certificates of occupancy. A certificate of occupancy shall be required after compliance with the stipulations of the permit, and prior to occupancy. No certificate of occupancy shall be granted until all the requirements imposed by the commission are complied with for the property in question.

(Ord. No. 235, § 28.1, 6-22-1993)

Only those uses listed in this section shall be permitted as a special use.

(1)

Junkyards/automobile graveyards/secondhand stores with outdoor storage.

a.

Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning:

Automobile graveyard means any establishment or place of business which is maintained, used or operated for storing, keeping, buying or selling wrecked, scrapped, ruined or dismantled motor vehicles or motor vehicle parts outside of a building.

Junk means all old worn out and discarded material, in general, that may be turned to some use, including odds and ends, old iron or other metal, glass, cordage, rags, batteries, paper, trash, rubber debris, waste, parts of machinery and dismantled or wrecked automobiles or parts thereof.

Junkyard means any establishment or place of business maintained, used or operated for storing, keeping, buying or selling junk, for processing scrap metal, or for the maintenance or operation of an automobile graveyard outside of a building.

Secondhand stores with outdoor storage means any establishment or place of business which stores, keeps, buys or sells secondhand goods, including appliances, and stores such goods outside within the public view, for any period of 24 consecutive hours, except that used vehicles, such as cars, boats and trailers for sale or rent on a used car lot, or similar lot, shall not be considered a "secondhand store with outdoor storage."

b.

No junkyards, automobile graveyards or secondhand stores with outdoor storage may be maintained within the city unless:

1.

A special use permit is granted upon proper application; and

2.

The fencing requirements as described herein are installed and maintained by the owner or user of the property.

c.

All junkyards, automobile graveyards and secondhand stores with outdoor storage shall be enclosed either in a building or by a solid fence or wall at least six feet in height, which shall be constructed and maintained as follows:

1.

A building permit approving the proposed design placement, materials and construction specifications of any fence erected pursuant to this article shall be obtained from the city building inspection department prior to start of construction.

2.

All fences shall be constructed of solid wood, rock or masonry, or a combination thereof; provided, however, that any one side of a yard shall be bounded by a fence or wall constructed of only one of the above materials.

3.

All fences or walls shall be a minimum height of six feet, and shall extend downward to within three inches of the ground and shall test plumb and square at all times, unless otherwise dictated by the city building code.

4.

Where fences or walls are immediately adjacent to a residential zone, the first row of stacks of junk shall be set back from said wall or fence a minimum distance that is equal to the height of the fence.

5.

Fences or walls that front on arterial streets shall be set back 20 feet from the right-of-way or easement line of the road, or shall be set back from that line a distance equal to the average building setback line on both sides of the property, if those buildings are closer than 20 feet to the right-of-way or easement line of the road; however, in no case shall any fence be constructed closer than ten feet to that line.

6.

Any part of a fence or wall may consist in whole or in part of a solid wall and door, or walls and doors of any completely enclosed building on said premises, if such wall or door meets all construction requirements set forth in this section.

7.

Openings in the prescribed enclosures which are necessary to permit reasonable access shall be equipped with a gate, constructed and maintained in accordance with the requirements for a fence or wall hereinabove set forth. Such gates shall be closed and securely locked at all times except during normal business hours.

d.

Compliance with this section.

1.

Compliance with the fencing requirements set forth in this section shall be commenced at all existing junkyards and automobile graveyards, and secondhand stores with outdoor storage within 120 days after the passage of the ordinance from which this section is derived and shall be completed within one year of its passage.

2.

Newly annexed junkyards, automobile graveyards and secondhand stores with outdoor storage must commence with construction of fencing requirements within 120 days after annexation and must have completed fencing within one year after annexation.

3.

All junkyards, automobile graveyards and secondhand stores with outdoor storage already in use on the date of passage of the ordinance from which this section is derived shall be considered nonconforming uses and therefore shall not be required to obtain a special use permit.

e.

Access and inspection.

1.

All junkyards, automobile graveyards and secondhand stores with outdoor storage shall have the materials arranged so that reasonable access is provided for inspection by fire, health and police officials of the city.

2.

Oil, gasoline and other flammable liquids shall be drained from inoperable vehicles.

3.

Latches shall be removed from refrigerators, freezers and any appliance which might entrap a child. Plastic or metal containers which would allow water stagnation or offer rodents shelter shall have proper covers or be stored in such a manner as to preclude health nuisances.

f.

Exceptions.

1.

Any business which operates exclusively as a state licensed motor vehicle impound lot, provided that said business meets any applicable health or safety regulations of the city. Such impound lot is one wherein there are kept, or stored, solely to the exclusion of others, vehicles delivered by, or stored at, the request of the state, county, municipality, or agency thereof.

2.

Modifications to the fence requirements may be made by the planning and zoning commission upon review and approval of a site plan presented by the owner at a public hearing. Such modifications may not be granted unless there is evidence of, and the commission makes, the findings set forth in section 48-27(b)(7).

(2)

The manufacture, processing, blending, mixing, refining, storage, or distribution of the following products as defined in the Standard Fire Prevention Code and other applicable codes: explosives, blasting agents, flammable or combustible gases, solids, or liquids, hazardous chemicals, and liquefied petroleum gases where the storage exceeds that allowed for LP Gas in either the M-1 or M-2 districts. Excluded from this section, however, is the storage of incidental cleaning products, the retail sale of certain hazardous materials when packaged for sale at normal retail stores, and the underground storage of bulk fuel. In addition to the requirements of section 48-27, a report shall be submitted to the commission by the city fire marshal regarding the application of this special use stating the recommendations of that office.

(3)

Any use not permitted in the zoning districts of this article may be considered for a special use permit following the procedures as set forth in section 48-27.

(Ord. No. 235, § 28.2, 6-22-1993)

The official zoning map for the city is on file in the office of the city secretary.

(Ord. No. 235, 6-22-1993)

(a)

Purpose. The AG Agricultural District is designed for application to large tracts of a rural or semi-rural character and is intended to prevent isolated and premature urban land uses from locating on lands presently in use for agricultural, ranching and certain urban support uses requiring large land uses. It is intended that the AG district may be replaced by other district classifications at such time as market demand prompts more intense urban land use activities, subject to the availability of utilities and streets, and compatibility with existing developments.

(b)

Uses permitted. The following use types are permitted in the AG district:

(1)

Single-family residential.

(2)

Modular residential.

(3)

Mobile home.

(4)

Quarters for hired help (as accessory buildings).

(5)

Municipal animal control facility, water and wastewater facilities.

(6)

Golf course.

(7)

Public park and recreation services and facilities.

(8)

Clubs: FFA/4H.

(9)

Experiment station.

(10)

Farmers market.

(11)

Farming.

(12)

Game preserves.

(13)

Garden center.

(14)

Grain storage.

(15)

Grazing.

(16)

Horticulture.

(17)

Livestock exhibition and sales facilities.

(18)

Pasture.

(19)

Public sanitary landfill facilities.

(20)

Plant nursery.

(21)

Poultry production.

(22)

Ranches.

(23)

Riding academy.

(24)

Stables.

(25)

Tree service.

(26)

Truck farms.

(27)

Veterinary clinics.

(28)

Office and storage facilities (enclosed) incidental to the use listed.

(29)

Home occupations.

(30)

Any use judged to be a similar use with similar effects upon the property and adjoining property, but not specifically listed in this subsection (b), or elsewhere in this article.

(c)

Lot area, width, yard and height regulations. Each site in the AG Agricultural District shall meet the following requirements:

(1)

Parking. Off-street parking shall be in accordance with the provisions of division 7, subdivision III of this article.

(2)

Signs. Signs shall be in accordance with the provisions of division 7, subdivision IV of this article.

(Ord. No. 235, § 7, 6-22-1993)

(a)

Purpose. The OSR Open Space-Recreation District is intended to be used in those areas where the recreational potential of the land, whether public or private, is judged by the city to be the highest and best use of the land; or applied to lands which contain areas of critical environmental importance whether flood zones, steeply sloping hillsides, scenic vistas, or other areas that should be preserved in their natural or semi-natural state.

(b)

Uses permitted. The following use types are permitted in the OSR district:

(1)

Publicly owned and operated parks, playgrounds, recreation facilities and open spaces.

(2)

Community recreation facilities for use by residents and guests of a particular residential development, such as tennis courts, marinas, playgrounds, etc.

(3)

Campground facilities providing camping or parking areas and incidental services for travelers.

(4)

Outdoor sports and recreation conducted in open or partially enclosed or screened facilities, including, but not limited to, golf courses, swimming pools, tennis or racquetball courts.

(5)

Outdoor entertainment to include sports arenas, racing facilities, amusement parks, lakes and water sports.

(6)

Game preserves.

(7)

Uses incidental to the permitted uses, such as offices, club houses, dressing rooms, showers, rest rooms, and guest quarters which may be rented or leased for short or long terms.

(8)

Any uses judged to be a similar use with similar effects upon the property, but not specifically listed in subsections (b)(1) through (b)(7) of this section, or elsewhere in this article.

(c)

Lot area, width, yard and height regulations. Each site in the OSR Open-Space-Recreation District shall meet the following requirements:

(1)

Parking. Off-street parking shall be in accordance with the provisions of division 7, subdivision III of this article.

(2)

Signs. Signs shall be in accordance with the provisions of division 7, subdivision IV of this article.

(Ord. No. 235, § 8, 6-22-1993)

(a)

Purpose. The purpose of the Estate Single-Family District is to provide for areas of large lot single-family residences. These areas would not be considered suitable for business, nor higher density residential.

(b)

Uses permitted. The following use types are permitted in the Estate district:

(1)

Single-family site built dwellings.

(2)

Accessory buildings, including servants' or guest quarters, and detached garages.

(3)

Home occupation.

(4)

Private neighborhood parks and playgrounds, provided that no main building or swimming pool located in that private park or playground equipment shall be located closer than 75 feet from any other lot.

(c)

Conditional uses. The following use types are conditional uses in the Estate district:

(1)

Public parks or playgrounds.

(2)

Churches or other places of worship and Sunday schools.

(3)

Nursery schools and day care centers, provided that such schools/centers are located in a residential structure that remains in appearance as a residential structure.

(d)

Lot area, width, yard and height regulations. Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(Ord. No. 235, § 9, 6-22-1993)

(a)

Purpose. The purpose of the R-1 Single-Family District is to provide areas of moderate sized lots for single-family residential detached dwellings and to offer those residing families protection from the encroachment of business or higher density residential uses. However, it is also the intent of this district to allow on a conditional basis certain limited businesses, two-family residences, modular homes, or community/public land uses, but only after an approval at a public hearing in front of the planning and zoning commission.

(b)

Uses permitted. The following use types are permitted in the R-1 district: all permitted uses in the Estate Single-Family District.

(c)

Conditional uses. The following use types are conditional uses in the R-1 district:

(1)

Any conditional use listed in the Estate district.

(2)

Two-family dwellings.

(3)

Civic/community uses:

a.

Administrative services.

b.

Local utility services.

c.

Municipal maintenance and service facilities.

d.

Park and recreation services and facilities.

e.

Public utility substations, gas compressor or regulator station; radio or television broadcasting transmitter or tower, microwave relay tower, pump houses or lift stations, high-power transmission lines.

f.

Public library or museum.

g.

Elementary school, nursery school, kindergarten or day care for children, whether public or private.

(4)

Neighborhood businesses.

(d)

Lot area, width, yard and height regulations. Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(Ord. No. 235, § 10, 6-22-1993)

Editor's note— Ord. No. 235-GG, § 11, adopted Aug. 11, 2015, repealed § 48-97, which pertained to R-1A single-family district and derived from Ord. No. 235, § 11, 6-22-1993.
Ord. No. 235-GG further stipulated that "areas already zoned R-1A Single Family District will continue to follow the guidelines as required. All future residential uses will be R1 Single Family District or other districts such as R2 or Estate."

(a)

Purpose. The purpose of the R-2 Two-Family District is to permit areas of moderate residential density, including two-family homes as well as single-family. The basic desired character of these areas remains residential. However, it is also the intent of this district to allow on a conditional basis certain limited businesses, three or four dwelling unit buildings, modular homes, or community/public land uses, but only after an approval at a public hearing in front of the planning and zoning commission.

(b)

Uses permitted. The following use types are permitted in the R-2 district:

(1)

All permitted uses in the Estate Single-Family District.

(2)

Two-family dwellings.

(3)

Zero lot line dwellings, provided that the dwellings meet all the platting requirements of the R-C zone for zero lot line dwellings.

(4)

Churches, other places of worship, Sunday schools.

(c)

Conditional uses. The following use types are conditional uses in the R-2 district:

(1)

All conditional uses allowed in the R-1 Single-Family District, not otherwise listed in subsection (b) of this section as a permitted use.

(2)

Three- or four-family dwellings.

(3)

Neighborhood business.

(d)

Lot area, width, yard and height regulations. Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(g)

Performance standards. Performance standards shall be in accordance with section 48-27.

(Ord. No. 235, § 12, 6-22-1993)

(a)

Purpose. The purpose of the R-LB Residential-Limited Business District is to provide for areas where a mix of uses which are low to moderate density residential and limited business can be properly blended. The basic character of the area is to remain residential, but with permitted uses allowing two- or three-family units and limited businesses. One intent of this district is to be used in older residential areas that are in a transition phase from single-family dwellings. The district would allow some conversion of existing homes to two- or three-family dwellings, or offices, or other very limited businesses in order to encourage redevelopment, but grant protection to the remaining single-family homes from the normal effects of zone changes to multifamily or commercial zoning. The design of all new construction, rehabilitation, or reconstruction shall be similar to that of the single-family home.

(b)

Uses permitted. The following use types are permitted in the R-LB district:

(1)

All permitted uses in the R-2 Two-Family District.

(2)

Three-family dwellings.

(3)

Professional and business offices such as physician, dentist, artist, lawyer, engineer, planner, architect, accountant, real estate, insurance, or similar offices, provided that retail and wholesale sales shall not be permitted except as a minor, incidental service to the permitted use.

(4)

Public parks and recreation facilities.

(5)

Public library or museums.

(6)

Art gallery, dance, music or drama studio, and sale of related work or goods as a part of the gallery or studios.

(7)

Health, exercise or weight control studios.

(8)

Children's day care facility/nursery.

(9)

Neighborhood businesses.

(10)

Public/private elementary schools.

(11)

Administrative services.

(12)

Restaurants, convenience.

(13)

Cemetery or mausoleum.

(c)

Conditional uses. The following use types are conditional uses in the R-LB district:

(1)

All conditional uses listed in the R-1 R-2 districts, not otherwise listed in subsection (b) of this section as a permitted use.

(2)

Clubs and lodges.

(d)

Lot area, width, yard and height regulations. Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(g)

Performance standards. The exterior design of all new construction, rehabilitation, or reconstruction of any building within this district shall appear to be a residence from the outside.

(Ord. No. 235, § 13, 6-22-1993)

(a)

Purpose. It is the intent of the R-C Residential Cluster District to provide for the development of moderate-density residential uses and structures. In fulfilling the intent of this district, the townhouse or rowhouse concept may be used which permits the construction of single-family dwellings immediately adjacent to one another without side yards between the individual units and which units may or may not be structurally connected. The intent of this district may also be fulfilled by the use of the zero lot line concept (patio/garden homes), permitting the construction of single-family dwellings on lots without a side yard requirement. This concept permits better use of the entire lot by condensing the usual front, rear and side yards into one or more internal gardens or patios.

(b)

Uses permitted. The following use types are permitted in the R-C district:

(1)

Any and all uses permitted in the R-2 residential zone.

(2)

Townhouse projects as a cluster development.

(3)

Zero lot line dwellings as a cluster development.

(4)

Condominiums as described in subsection (d)(4) of this section.

(c)

Conditional uses. The following use types are conditional uses in the R-C district: any conditional use allowed in the R-2 zone.

(d)

Lot area, width, yard and height regulations. All building setback requirements listed in subsections (d)(1) through (d)(4) of this section are to be measured from the property line when adjoining a public street, and from the back of curb when adjoining a private drive.

(1)

Townhouses.

a.

Minimum lot width: 24 feet.

b.

Area/dwelling: Total land area minus area dedicated to public divided by total number of dwellings equals 2400 square feet.

c.

Maximum building height: 35 feet.

d.

Minimum side yard: None, except in the following situations:

1.

15 feet on corner lots.

2.

Ten feet when abutting the property line of the perimeter of the townhouse subdivision.

3.

Ten feet when abutting property zoned for single- or two-family residences.

4.

Ten feet when abutting single- or two-family residences within the R-C zone.

e.

Minimum front yard:

1.

When fronting on arterial street: 25 feet.

2.

When fronting collector or minor streets: 20 feet.

3.

When rear entry access is provided, the front yard when fronting minor streets may be reduced to 15 feet.

f.

Minimum rear yard:

1.

When abutting on arterial street: 25 feet.

2.

When abutting collector or minor streets: 20 feet.

3.

When abutting the development property line: 15 feet.

g.

Other setback or yard requirements are intended to allow lot sizes to vary and distances are measured differently in various situations as described in this subsection:

1.

When opposite rows of townhouses face each other without also facing a private drive or public street, the separation between buildings shall be as follows:

(i)

30 feet; provided, however, that this shall not preclude the ability to offset individual townhouses where it is not desired to have townhouses in one line. The 30 feet shall be measured between townhouses directly across the court space and not on an angle to adjoining two houses.

(ii)

Where two rows of townhouses are built at approximately a 90 degree angle to each other, a minimum space of 20 feet shall be maintained between any portion of the side of one building and the front/rear of the other.

2.

When two rows of buildings face a private drive, a minimum distance of 15 feet shall be maintained between the building and curb, except that each carport/garage shall be set back from the curb a minimum of 19 feet.

3.

When the private drive is accessed by from only one row of townhouses, the minimum setback requirement for that row of townhouses shall be six feet. This shall also be the case in situations where opposite rows of dwellings each face upon a private drive, which drive is divided by an open space (median, boulevard, or other suitable space) effectively separating the two drives.

4.

When one row of dwellings face or back to the development property line, a minimum setback of 15 feet shall be maintained, unless the property line abuts a public street.

(2)

Zero lot line homes.

a.

Minimum lot width: 30 feet.

b.

Area/dwelling: Total land area-area dedicated to public total number of dwellings: 3,000 square feet.

c.

Maximum building height: 35 feet.

d.

Minimum side yard: Except as described in subsection (h)(5) of this section, the zero lot line home shall be built with one side wall on one property line, whether that wall is an exterior wall or whether it abuts the side wall of another similar unit or whether it shares one common wall with another similar unit. The opposite side yard shall be a minimum of ten feet in all cases except a corner lot where it shall be a minimum of 15 feet. The side yard abutting the development property line shall be a minimum of ten feet. Where two rows of zero lot line homes are built at approximately a 90 degree angle to each other, a minimum space of 20 feet shall be maintained between any portion of the side of one building and the front/rear of the other.

e.

Minimum front yard: Same as in a townhouse project.

f.

Minimum rear yard: Same as in a townhouse project.

(3)

R-1/R-1A/R-2 uses. Lots used for single-family detached dwellings shall be designated on the subdivision plat and approved by the commission.

a.

Minimum lot width: 40 feet.

b.

Minimum lot area per dwelling: 5,000 square feet.

c.

Maximum building height: 35 feet.

d.

Minimum side yard setback: Five feet, or a minimum of ten feet between buildings. In all cases, a 15 foot corner lot side yard is required.

e.

Minimum front or rear yard setback: Same as for townhouses.

(4)

Condominiums. Dwellings may be developed under a condominium arrangement in this district without platting individually owner lots; provided, however, that all density, setbacks, yard, area, height, and parking requirements shall be the same as required for townhouses or zero lot line homes, whichever is applicable. In a situation where the condominium arrangement is similar to a townhouse site plan, then the minimum building width for the condominiums shall be the same as the minimum townhouse lot width.

(5)

Other. For other height, area or setback requirements, see division 7, subdivision II of this article.

(e)

Common courts. Cluster residential projects may be designed with common areas, referred to as common courts. These courts shall be maintained in private ownership and shall be platted either as separate lots owned in common by all property owners, or as an easement across the private lots. The allowed joint uses of all owners shall be clearly indicated on the plat. Common courts shall meet the following minimum criteria, subject to commission approval:

(1)

If used for vehicular purposes:

a.

All private drives shall be constructed in a manner to meet minimum city specifications for public streets, except as those standards pertain to the minimum width requirements. Plans shall be approved by the city engineer.

b.

No common drive shall be in excess of 500 feet if a dead end, nor shall a common drive serve more than 20 dwellings if a dead end.

c.

There shall be a clearly painted 20-foot wide fire lanes where the city fire marshal so recommends. Signs shall also be posted to clearly warn residents of the fire lane which shall prohibit all parking.

d.

Pavement widths shall be measured from face of curb to face of curb.

e.

No parking shall be allowed in the common drive unless extra width is added to accommodate the 20 foot fire lane plus parking.

f.

No private drive shall provide access to adjoining property.

g.

Dead-end private drives in excess of 100 feet in length shall be provided with a suitable turnaround for emergency vehicles. Said turnaround need not be a cul-de-sac as described in the public street design criteria, but shall be approved by the planning and zoning commission.

(2)

All pedestrian common courts shall be landscaped as approved by the commission in a site plan, or in accordance with landscaping policy set by the commission and approved by the city planning department.

(f)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(g)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(h)

Other design criteria.

(1)

For townhouses and zero lot line homes, no windows, doors or other openings shall be permitted in the wall that rests upon any lot line.

(2)

All townhouse projects shall be encouraged to design communal garbage disposal units with proper fencing, walls or landscaping.

(3)

A series of townhouse dwelling units shall not exceed eight units in number, nor exceed 250 linear feet in length. Between end units in two rows of townhouses not facing each other, there shall be an open space of 20 feet.

(4)

One end home in a series of zero lot line homes may be detached and not placed with a wall on a property line if the lot is a corner lot and the unit has a 15-foot setback to the one street side and a ten foot setback to the interior lot line.

(5)

Impervious surfaces shall not cover more than 75 percent of the entire tract held in private ownership.

(6)

Each subdivision plat designating lots for zero lot line homes shall contain restrictions providing for maintenance/drainage easements along the side lot line abutting the zero lot line sides of each dwelling.

(i)

Homeowners' associations/condominium associations. Each development that contains commonly owned property shall have prepared the necessary documents which shall include a clearly written statement that the city shall never be responsible for the maintenance of any private facilities or drives, a fee schedule for the homeowners to provide for the maintenance of common areas, and an enforceable and legal method for the collection of said fees. These documents shall be approved by the city attorney's office.

(Ord. No. 235, § 14, 6-22-1993)

(a)

Purpose. The purpose of the R-3 and R-3A Multifamily Districts is to provide for a variety of housing types, but primarily moderate density apartments or condominiums. This zoning district is the first of the zoning districts which should be located on major streets with the appropriately sized utility services necessary for higher density residential uses.

(b)

Uses permitted. The following use types are permitted in the R-3 and R-3A districts:

(1)

Any use permitted in the R-2 Two-Family District, or R-C Residential-Cluster District, provided that for R-C developments, the property is platted in accordance with the R-C requirements.

(2)

Multifamily dwellings, including apartments and condominiums.

(3)

Children's day care or nursery facilities.

(4)

Public parks, playgrounds, and recreational facilities.

(5)

Public or private elementary schools.

(6)

Churches or other places of worship and Sunday schools.

(7)

Residential care services.

(c)

Conditional uses. The following use types are conditional uses in the R-3 and R-3A district:

(1)

All conditional uses listed in the R-LB district, not otherwise listed as a permitted use in subsection (b) of this section.

(2)

Club/lodge.

(d)

Lot area, width, yard and height regulations. Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(Ord. No. 235, § 15, 6-22-1993)

(a)

Purpose. The purpose of the R-M Residential-Modular District is to provide for subdivisions planned for the placement of single-family detached dwellings approved by the state as modular homes. Single-family detached site-built homes or industrialized housing may also be constructed on any of the lots within this district. The R-M district should be treated as a single-family zone and protected in that environment as the other single-family zones in the city.

(b)

Uses permitted. The following use types are permitted in the R-M district:

(1)

All uses in the R-1 Single-Family District.

(2)

Modular homes, site-built homes or industrialized housing, but not including manufactured home rental communities.

(c)

Conditional uses. The following use types are conditional uses in the R-M district: All conditional uses listed in the R-1 Single-Family District.

(d)

Lot area, width, yard and height regulations. Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(g)

Plan requirements. A plan for the proposed subdivision shall be submitted for approval by the city. The plan:

(1)

Shall include, as a minimum:

a.

A description of the outer boundaries of the proposed subdivision or park;

b.

A plan for paved private streets and parking areas;

c.

A plan for entrances/exists;

d.

A plan for fencing all or a part of the outer perimeter of the development; and

e.

Construction standards, skirting, permanent foundations.

(2)

May be submitted as a map or site plan, or in narrative form or a combination of the two.

(3)

May be approved, disapproved, or approved with modifications by the city, and shall be incorporated as a part of the ordinance changing the zoning.

(Ord. No. 235, § 16, 6-22-1993)

(a)

Purpose. The purpose of the M-H Manufactured Housing District is to provide for subdivisions and rental communities for manufactured housing.

(b)

Uses permitted. The following use types are permitted in the M-H district:

(1)

Mobile home park. A mobile home park which is unified development for rental purposes, approved by the planning and zoning commission, consisting of mobile home sites, plots, and/or provisions for transient travel trailer accommodations on a tract of land under a single ownership and management, containing at least three acres, with not more than ten sites for manufactured housing, exclusive of trailer campers, per acre. The commission may require a larger area if, in its judgment, the larger development would be more harmonious with adjoining properties.

a.

Accessory buildings and uses customarily incident to above uses, including manager's dwelling unit and office, storage building, restrooms, wash rooms, bath house, in conjunction with a swimming pool, for the private use of the occupants of the park, recreation building, and similar uses.

b.

Auxiliary or incidental business operated for the sole convenience of the park residents only as follows: food market, personal services, restaurant and mobile home or travel trailer sales. Said auxiliary or incidental uses shall be located at least 100 feet from any public street.

c.

One lighted identification sign not exceeding 100 square feet of sign area may be established on the premises of the trailer park; provided, however, that said sign may be double faced.

(2)

Manufactured housing subdivision. This is a subdivision approved by the planning and zoning commission and may consist of lots for manufactured homes, industrialized housing, and site built homes. Commission approval of any such subdivision shall consider the need to ensure that the subdivision is of sufficient size so as to create an integral subdivision and not a small island of manufactured housing within a larger area of site built homes. A minimum size of three acres is required, but the commission may require more if, in its judgment, a larger subdivision would be more harmonious with adjoining properties. This type of subdivision can be created new, or the zoning district may be applied to an existing platted area within the city.

(3)

RV parks can allow recreational resort cottages with a minimum of 400 square feet to a maximum of 700 square feet with wooden piers or steel frames. They must have skirting, be tied down and meet building codes in effect.

(c)

Home requirements.

(1)

All homes, porches and other additions will be skirted with necessary vents, screen and manways, and will be kept closed at all times unless in use. Foundations to support said homes shall be either poured concrete or solid blocks. No wood support will be allowed.

(2)

Skirting, porches, awnings and other additions, when installed, shall be maintained in good repair. The use of space immediately underneath a manufactured home shall not be used for storage.

(3)

All manufactured homes shall be anchored in accordance with state law governing such anchoring.

(4)

All homes shall have a covered carport or garage with an attached storage room with a minimum of 50 square feet with a door, which will be kept closed at all times, unless in use.

(5)

All manufactured homes, when moved in, must not be older than five years old and be a minimum of 12 feet wide by 60 feet long and must meet all state requirements for manufactured homes.

(6)

Homes of the wood pier and beam construction type will not be allowed to be moved into the subdivision, unless said home is of new construction.

(7)

Site built homes must have a minimum of 900 square feet living area with an attached carport or garage.

(d)

Location.

(1)

No residence or other structure permitted in this zone may be erected, altered, placed, moved, or converted on any lot or tract unless said lot or tract is in conformity with all minimum area regulations specified in this section.

(2)

No manufactured housing may be parked or stored within this zoning district without being set-up, anchored, connected to utilities and either occupied or ready for occupancy.

(3)

Manufactured housing is not allowed in any zoning district other than the M-H or R-M districts, as permitted, with the exception of sales lots for said housing when located in a district permitting those sales.

(e)

Size of lot or space.

(1)

Mobile home park.

a.

Minimum lot width: 40 feet.

b.

Minimum lot area: 3,600 square feet, except for travel trailers, which shall be determined by the commission.

(2)

Manufactured homes.

a.

Minimum lot width: 50 feet.

b.

Minimum lot area: 5,000 square feet.

(3)

Previously subdivided lots in mobile home zone. Such lots shall not be reduced in size below the minimum lot size established in subsection (e)(2) of this section.

(f)

Yards, setbacks and height limits for rental communities.

(1)

Front yards: 20 feet. For existing mobile home parks, setbacks for the front and rear yards may be reduced to less than the required provided that the home is not placed closer to the lot lines than the average setback of homes on the same side of the same block, and provided that off-street parking is established in accordance with this chapter.

(2)

Side yards: Five feet.

(3)

Rear yards: Ten feet ^. For existing mobile home parks, setbacks for the front and rear yards may be reduced to less than the required provided that the home is not placed closer to the lot lines than the average setback of homes on the same side of the same block, and provided that off-street parking is established in accordance with this chapter.

(4)

Building height limits: 15 feet.

(g)

Height, area, and setback regulations for subdivisions. Height, area, and setback regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(h)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(i)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(j)

Plan requirements. A plan for the proposed manufactured housing development shall be submitted for approval by the city. The plan:

(1)

Shall include, as a minimum:

a.

A description of the outer boundaries of the proposed subdivision or park;

b.

A plan for paved private streets and parking areas;

c.

A plan for entrances/exits;

d.

A plan for fencing all or a part of the outer perimeter of the development;

e.

The proposed density of the park; and

f.

Construction standards, skirting and permanent foundations.

(2)

May be submitted as a map or site plan, or in narrative form or a combination of the two.

(3)

May be approved, or disapproved, or approved with modifications by the city, and shall be incorporated as a part of the ordinance changing the zoning.

(Ord. No. 235, § 17, 6-22-1993; Ord. No. 235-E, § 17.1(2-A), 10-8-1996; Ord. No. 522, 6-8-2021)

(a)

Purpose. The purpose of the C-1 Neighborhood Commercial District is to provide for office and limited business activities which may be located abutting residential neighborhoods and which will fit harmoniously into and will service primarily the adjacent residential neighborhoods. Neighborhood commercial districts should be located on either collector or arterial streets.

(b)

Uses permitted. The following use types are permitted in the C-1 district:

(1)

All uses allowed in the R-3 Multifamily District.

(2)

Administrative and business offices.

(3)

Administrative services.

(4)

Club/lodge.

(5)

Community recreation.

(6)

Consumer repair services.

(7)

Cultural services.

(8)

Local utility services.

(9)

Medical offices.

(10)

Neighborhood businesses.

(11)

Park and recreation services and facilities.

(12)

Personal and personal improvement services.

(13)

Professional offices.

(14)

Primary education facilities.

(15)

Residential care services.

(16)

Restaurants, convenience.

(17)

Safety services.

(c)

Conditional uses. The following use types are conditional uses in the C-1 district:

(1)

All conditional uses allowed in the R-1 zone not otherwise listed as a permitted use.

(2)

Cemetery, mausoleum, crematorium.

(3)

Convalescent services.

(4)

Convenience storage.

(5)

Financial services.

(6)

Guidance services.

(7)

Pet services.

(8)

Plant nurseries.

(9)

Postal facilities.

(10)

Public assembly.

(11)

Restaurant, general.

(12)

Secondary education facilities.

(13)

Service stations.

(d)

Lot area, width, yard and height regulations. Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(Ord. No. 235, § 18, 6-22-1993)

(a)

Purpose. The purpose of the C-2 General Commercial District is to provide for those retail businesses, offices and services requiring locations in a highly active business climate with access to streets designated as arterial streets on the city's circulation plan. The term "access" means driveway locations that direct traffic onto the arterial streets and not into residential areas. This zone permits moderate to high density residential, but excludes the construction of new single- or two-family dwellings, except as a conditional use.

(b)

Uses permitted. The following use types are permitted in the C-2 district:

(1)

All uses allowed in the C-1 Neighborhood Commercial District, except that single-family detached dwellings and two-family dwellings are not a permitted use; however, existing one- or two-family dwellings are valid nonconforming uses and may be enlarged or structurally altered notwithstanding the provisions of section 48-25(b).

(2)

Agricultural sales and service.

(3)

Automotive/boat rental/services.

(4)

Automotive/boat sales and repair.

(5)

Automotive and equipment services.

(6)

Building maintenance services.

(7)

Business support services.

(8)

Business/trade school.

(9)

Campground.

(10)

Cemetery.

(11)

Cocktail lounge.

(12)

College or university facilities.

(13)

Commercial off-street parking.

(14)

Communications services.

(15)

Convalescent services.

(16)

Convenience storage.

(17)

Day care services.

(18)

Equipment sales and service.

(19)

Farmers market.

(20)

Financial services.

(21)

Food sales.

(22)

Funeral services.

(23)

Garden center.

(24)

General retail sales.

(25)

Guidance service.

(26)

Horticulture/tree service.

(27)

Hospital services.

(28)

Hotels/motels.

(29)

Kennels.

(30)

Laundry services.

(31)

Liquor sales (off-premises).

(32)

Lumber yards which are fenced on all sides abutting a residential district with a solid wood, rock or masonry fence of a minimum height of six feet and of a character as would be found in a residential zone.

(33)

On-premises sales and consumption of alcoholic beverages.

(34)

Outdoor sports/recreation.

(35)

Pet services.

(36)

Plant nurseries.

(37)

Postal facilities.

(38)

Professional and medical offices.

(39)

Public assembly.

(40)

Recreation, commercial

(41)

Recreational vehicle park and sales, service and repair.

(42)

Research services.

(43)

Restaurants, general.

(44)

Secondary education facilities.

(45)

Transportation terminals.

(46)

Veterinary services.

(47)

Any use judged to be a similar use with similar effects upon the property and adjacent property not otherwise listed as a permitted, conditional, or prohibited use in this article.

(c)

Conditional uses. The following use types are conditional uses in the C-2 district:

(1)

Construction materials sales and services.

(2)

Custom manufacturing.

(3)

Detention facilities

(4)

Maintenance and service facilities.

(5)

Mobile home sales and service.

(6)

Resource extraction.

(7)

Single- or two-family residences.

(8)

Trucking and transportation services.

(9)

Vehicle storage.

(10)

All uses allowed in C-1, R-1, R-2, R-3 and R-3A districts.

(d)

Lot area, width, yard and height regulations. Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(Ord. No. 235, § 19, 6-22-1993)

(a)

Purpose. The purpose of the C-3 Central Business District is to provide for a core area of the city which serves as a highly intense business center, and because of the significant development density, this district has special needs which have been translated into this article in the form of height, area, and parking regulation adjustments which encourage the growth of such a core business center of the city This district is also intended to provide for high density residential or mixed residential-commercial use.

(b)

Uses permitted. The following use types are permitted in the C-3 district:

(1)

Multifamily dwellings, or any residential dwelling built within the same building as a commercial business.

(2)

All uses allowed in the C-2 General Commercial District, except as may be listed in subsection (c) of this section.

(3)

Detention facilities.

(4)

Any use judged to be a similar use with similar effects upon the property and adjacent property not otherwise listed as a permitted, conditional, or prohibited use in this article.

(c)

Conditional uses. The following use types are conditional uses in the C-3 district:

(1)

Dwellings, single-family.

(2)

Dwellings, two-family.

(3)

Funeral services.

(4)

Outdoor sports and recreation, commercial.

(5)

Transportation terminals.

(6)

Veterinary services.

(7)

All uses allowed in the C-1 and C-2 districts.

(d)

Lot area, width, yard and height regulations. Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(Ord. No. 235, § 20, 6-22-1993)

(a)

Purpose. The purpose of the C-4 Heavy Commercial District is to provide for certain quasi-industrial uses that should not normally be considered industrial uses, but quite often have operating characteristics or traffic service requirements incompatible with residential, office or limited commercial uses within the district or abutting it. The permitted uses include the type described above and other commercial uses that can be compatible with these quasi-industrial uses. The C-4 district is the type of district that should have direct access to an arterial street, as described in the C-2 district.

(b)

Uses permitted. The following use types are permitted in the C-4 district:

(1)

Agricultural sales and service.

(2)

Building maintenance services.

(3)

Business support services.

(4)

Commercial off-street parking.

(5)

Communication services.

(6)

Construction sales and service.

(7)

Consumer repair services.

(8)

Convenience storage.

(9)

Farmers market.

(10)

Garden center.

(11)

Horticultural/tree services/plant nurseries.

(12)

Laundry services.

(13)

Lumber yards, provided that any outdoor storage shall be fenced along all property lines which abut a residential district with a solid wood, rock or masonry fence of a minimum height of six feet and a character as would be found in a residential zone. Abutting residential districts shall include those across a street from the lumber yard.

(14)

Manufacturing, custom.

(15)

Manufacturing, limited, and product assembly.

(16)

Mobile home sales/service.

(17)

Postal facilities.

(18)

Research services.

(19)

Safety services.

(20)

Transportation terminals.

(21)

Trucking and transportation facilities.

(22)

Utility services, local.

(23)

Warehousing and distribution, limited.

(24)

Any use judged to be a similar use with similar effects upon the property and adjacent property not otherwise listed as a permitted, conditional, or prohibited use in this article.

(c)

Conditional uses. The following use types are conditional uses in the C-4 district:

(1)

Administrative and business offices.

(2)

Automotive/boat sales, rental and repair service.

(3)

Automotive and equipment services.

(4)

Business/trade school.

(5)

Cemetery.

(6)

Cocktail lounge, and other on-premises sales and consumption of alcoholic beverages.

(7)

Day care services.

(8)

Detention facilities.

(9)

Equipment sales and repair services.

(10)

Food sales.

(11)

General retail sales.

(12)

Guidance services.

(13)

Kennels.

(14)

Maintenance/service facilities.

(15)

Park and recreation services.

(16)

Personal improvement services.

(17)

Personal services.

(18)

Pet services.

(19)

Professional and medical offices.

(20)

Public assembly.

(21)

Recreation, commercial.

(22)

Recreational vehicle park and sales, service and repair.

(23)

Religious assembly.

(24)

Residential, multifamily.

(25)

Restaurants, convenience and general.

(26)

Service stations.

(27)

Utility facilities, major.

(28)

Vehicle Storage.

(29)

Veterinary services.

(30)

All uses allowed in the C-1, C-2, C-3, R-1, R-2, R-3 and R-3A districts.

(d)

Lot area, width, yard and height regulations. Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(Ord. No. 235, § 21, 6-22-1993)

(a)

Purpose. The purpose of the M-1 Light Industrial District is to provide for areas in which manufacturing and other light industries are encouraged to develop. With that intent, residential and lighter commercial uses are not permitted unless on a conditional basis. An M-1 zone should have direct access to an arterial street, as described in the C-2 zone.

(b)

Uses permitted. The following use types are permitted in the M-1 district:

(1)

All permitted uses in the C-4 Heavy Commercial District.

(2)

General warehousing and distribution.

(3)

Light manufacturing and product assembly.

(4)

Lumber yards.

(5)

LP gas storage to 3,000 gallons water storage capacity with a hazardous materials permit obtained from the city fire department.

(6)

Any use judged to be a similar use with similar effects upon the property and adjacent property not otherwise listed as a permitted, conditional or prohibited use in this article.

(7)

All permitted uses in the M-1 district shall be limited to 150,000 square feet of gross building area. Hazardous materials as outlined in section 48-28 shall not be permitted in any zoning district without a special use permit as described in section 48-27.

(c)

Conditional uses. The following use types are conditional uses in the M-1 district:

(1)

All conditional uses listed in the C-4 Heavy Commercial District, except multifamily dwellings.

(2)

Resource extraction, and ready mix concrete plants.

(3)

M-1 district uses that exceed 150,000 square feet.

(4)

All uses allowed in the C-1, C-2 and C-3 districts.

(d)

Lot area, width, yard and height regulations. Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(Ord. No. 235, § 22, 6-22-1993)

(a)

Purpose. The purpose of the M-2 Heavy Industrial District is to provide for locations suitable for industrial, manufacturing, and similar land uses that may produce more significant off-site impacts such as noise, traffic or other potentially negative impacts, except those defined as hazardous materials and listed in section 48-28. Traffic access shall be as defined for the M-1 district.

(b)

Uses permitted. The following use types are permitted in the M-2 district:

(1)

Any use permitted in the M-1 Light Industrial District and the C-3 district with the addition that all uses may build with unlimited square footage.

(2)

Airports.

(c)

Conditional uses. The following use types are conditional uses in the M-2 district:

(1)

All conditional uses listed in the M-1 Light Industrial District.

(2)

LP gas storage to 180,000 gallons water storage capacity, and with a hazardous materials permit from the city fire department.

(d)

Lot area, width, yard and height regulations. (Same as the M-1 district.) Lot area, width, yard and height regulations shall be in accordance with the provisions of division 7, subdivision II of this article.

(e)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(f)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(Ord. No. 235, § 23, 6-22-1993)

(a)

Purpose. The purpose of the PUD Planned Unit Development District is to provide areas where a variety of living environments and commercial or industrial developments may be developed in a planned design that relaxes and makes more flexible the normal strict standards of the other zoning districts, but at the same time is also designed to protect adjacent properties or areas considered to be of critical concern.

(b)

Uses permitted. The following use types are permitted in the PUD district:

(1)

PUD residential. Single-family, two-family and multifamily residential, including townhouses, zero lot line homes, or condominiums, and R-M uses.

(2)

PUD commercial. All commercial uses listed as permitted uses in this article, plus mobile home parks.

(3)

PUD industrial. All industrial uses as permitted uses in this article.

(4)

PUD mixed uses. Any combination of the residential, commercial, or industrial.

(c)

Development concept. An applicant/owner may apply for approval of a PUD development plan in any permitted use category using either one of the following two procedural tracks:

(1)

Pre-development—Track I.

a.

Minimum standards. This procedure allows for the owner of a property to apply for a zone change when his development plans have not yet been determined. However, certain minimum standards must be decided upon and approved as follows:

1.

Land use intensity. Land use intensity shall be approved which shall define maximum floor area ratio, minimum open space ratio, minimum recreation space, and location of major streets.

2.

PUD commercial. Factors to be determined prior to approval are location of major streets and access to those streets, types of commercial uses to be allowed, maximum height of buildings and setbacks from existing streets and the outside perimeter of the property, and maximum impervious surface ratio.

3.

PUD industrial. Factors to be determined prior to approval are location of major streets and access to those streets, types of industrial uses to be allowed, maximum height of buildings and setbacks from existing streets and the outside perimeter of the property, and maximum impervious surface ratio.

4.

PUD mixed use. Factors to be considered shall be the appropriate mix of subsections (c)(1)a.1, 2, and 3 of this section. At this stage of zoning the commission is not required to site each type of use on the property, but imply to determine the proper mix of uses utilizing the guidelines listed in subsections (c)(1)a.1, 2, and 3 of this section.

b.

After a public hearing with notice to surrounding property owners as described in subsection (f) of this section, the planning and zoning commission shall recommend approval, approval with modifications, or disapproval to the city council with the minimum standards as decided upon. However, if approved by the council, this does not authorize the owner to obtain building permits. A development plan as described in subsection (d) of this section must be approved by the commission prior to any construction whether it be streets, utilities, buildings, or grading or excavating.

(2)

Development—Track II. This procedure is designed for those applicant/owners who are ready to proceed with development and have their preliminary planning accomplished. The information and standards that are needed for track I are also included in the development plan. The commission shall make a recommendation for approval, approval with modifications or disapproval of the zone change and development plan to the council. The council shall then approve or disapprove the zone change with its associated development plan. Approval of the development plans requires that said plan be adhered to and building or construction permits may be issued but in accordance with said plan.

(d)

Development plans. The applicant/owner shall present plans, reports, and related information in sufficient detail to enable the commission to evaluate the proposed development in accordance with said plan.

(1)

Residential development plan. A residential development plan shall be submitted which shall meet the requirements as listed in this subsection. The plan shall be incorporated as a part of the zone change ordinance, and no deviations from said plan are allowed without another zone change application, with the exception of minor adjustments that may become necessary as approved by staff that do not deviate from the intent of the plan as adopted by the council or commission. The value of the adjacent properties shall be protected and enhanced through the proper location and use of buildings, recreation/open space, streets, and landscaping. In addition, certain incentives are enumerated in this section which are intended to make the development more cost effective.

a.

The first requirement that shall be determined is the floor to area ratio. The land use intensity standards as developed by the FHA-HUD will serve as a guide in making decisions, but the commission and council shall have the flexibility in assigning the ratio that best suits the development in their judgment.

b.

The second requirement of the residential development plan is to submit the information required for a preliminary plat in accordance with chapter 38. This stage of the development may also meet the requirements of a preliminary plat provided that all the requirements of the appropriate section of chapter 38 are met.

c.

The third requirement of the residential development plan is to provide a site plan which will establish the location of all buildings, recreation/open space, parking and loading spaces, setbacks of buildings from streets and abutting properties.

d.

The fourth requirement of the residential development plan is that a description of land uses shall be specified for each building, and all land areas. This shall include the following:

1.

Residential housing types, i.e., single-family detached, townhouses, zero lot line homes, duplexes, multifamily apartments, condominiums, etc.

2.

Residential densities.

3.

Description of the open space, and type of recreation area.

4.

Description of landscaping.

(2)

Commercial development plan. The commercial development will not need to establish a floor to area ratio. Therefore, this plan shall begin with the second requirement of the residential development plan. The one additional requirement of this section concerns only mobile home parks. If a mobile home park is a part of a PUD application, that park shall meet or exceed the minimum standards for a mobile home park, as listed in section 48-103.

a.

The first requirement of this plan shall be the submission of the information required for a preliminary plat as in the residential development plan, and as stated therein may serve as the preliminary plat.

b.

The second requirement of this plan is the same as the third requirement of the residential development plan, i.e., a site plan as outlined in subsection (d)(1)c of this section.

c.

The third requirement of this plan is the same as the fourth requirement of the residential development as outlined in subsection (d)(1)d of this section, which requires a description of all land uses, except that the description shall be for commercial uses rather than residential.

(3)

Industrial development plan. The same three requirements of the commercial development plan are required here, with the exception that all references to commercial shall be deleted, and industrial shall be used in lieu thereof.

(4)

Mixed use development plan.

a.

The mixed use development plan shall consist of any combination of two or more of the plans listed in subsection (d)(1), (d)(2), and (d)(3) of this section. If the site area is divided horizontally by use, i.e., residential, commercial, or industrial in different parcels, than an accurate legal description must be provided for each parcel. In those situations, then the same requirements of each respective plan is required for each section.

b.

If, however, a site plan proposes a mix of uses in the same area, such as a residential, office, retail combination, than floor to area ratios shall not be used. However, the commission or council shall designate minimum open space and/or recreational space, and approve street and parking lot locations.

c.

After this step has been determined, all remaining steps in the respective development plans shall be accomplished to present a total plan for the entire track in one composite plan.

(e)

Subdivision standards. All requirements of chapter 38 shall be met prior to the issuance of any permits for construction.

(1)

Lot area, width, height, and yard regulations. The area, width, height and yard standards of the other zones in this article shall serve as a guide, but shall not strictly apply to this zone. It is the intent of this zone to create flexibility in standards, while at the same time insuring appropriate planning through the approval of the development and site plans.

(2)

Parking. Parking regulations shall be in accordance with the provisions of division 7, subdivision III of this article.

(3)

Signs. Sign regulations shall be in accordance with the provisions of division 7, subdivision IV of this article.

(4)

Owners' associations. In development plans which contain common areas that shall be owned jointly by the various owners of the development, an owners association shall be legally established and approved by the city attorney that will ensure the proper maintenance, operation, use and enforcement of the grounds and restrictions.

(f)

Procedures.

(1)

This planned unit development is a zone, and other than as approved with an annexation, all PUD applications shall be heard in accordance with established zone change procedures. The one different aspect regarding the PUD is that if an applicant requests a zone change to a PUD on the track I route, as described in subsection (c)(1) of this section, then the final development plan approval, after the zone change has been approved by the city council, shall be approved by the planning and zoning commission at a second public hearing. This second public hearing shall have notice given to the surrounding property owners as with the initial meeting; however, a public notice in the newspaper 15 days prior to this second hearing shall be given for the commission's second public hearing meeting. The commission must approve the plan by majority vote of the full commission membership. Appeal of the commission's decision to the city council may be made by either the applicant or one of the notified property owners or by the city, but must be filed with the city secretary within the ten days of the commission's decisions. Approval of the development plan by the commission shall become effective after ten days. Should the applicant undertake the zone change on the track II route, as described in subsection (c)(2) of this section, then the same zone change procedures for a normal zone change shall be applicable for the proposal with development plan. There would be no second public hearing in front of the commission for approval of the development plan as this plan would in incorporated as a part of the original zone change application.

(2)

Additionally, as with any other zoning amendment, the city may initiate the zone change hearing. The commission may also recommend to city council a zone change to the PUD district rather than a zone change to another zone that may have been requested by the applicant. If so, the commission's recommendation would incorporate the elements of the track I route.

(g)

Violations and penalties. Violations of this section, including violations of the development plan, shall be subject to the immediate termination of any building permits, and other penalties as outlined in section 48-318.

(Ord. No. 235, § 24, 6-22-1993)