(a)   General intent and purpose. It is the purpose of every district defined in this article to protect sensitive environmental resources and to ensure that all uses are adequately served by public facilities and services including sewage disposal, potable water, fire protection, streets, and sidewalks. Each district is intended to accommodate permitted uses and structures in a manner that minimizes negative impacts on abutting properties and complements the unique character and identity of the city through appropriate architectural design including building size, building height, building materials, building location, signage, landscaping, buffering, safe circulation of vehicular and pedestrian traffic, and other pertinent development features.

(b)   Permitted uses. The use regulations established in this article are uniform throughout this chapter for each zoning district and shall be applied consistently to each class of land, building or structure within each district in order to promote the public health, safety, and general welfare of the residents of the city. A use of land or structures not specifically mentioned in the provisions of this chapter shall, upon application, be classified by the zoning official who may seek the recommendation of the planning commission prior to making a final determination. Uses that are contrary to federal, state or local laws or ordinances are prohibited. Within each zoning district there are three permitted categories of use defined as follows:

   (1)   Uses permitted by right. No structure or land shall be used and no structure constructed except for one or more of the uses specified as uses permitted by right unless otherwise provided for in this chapter.

   (2)   Accessory uses. A use of land or of a structure, or portion thereof, which is customarily and naturally incidental to, subordinate to, and devoted exclusively to the principal use of the land or structure and located on the same lot with the principal use.

   (3)   Uses authorized by special use permit. A use of land or of a structure, or portion thereof, which may be permitted through the application and approval of a special use permit as provided for in article VI of this chapter.

(c)   General development standards. This subsection defines general development standards for each zoning district. Any use of land or structures shall comply with these development standards unless otherwise provided for in this chapter in addition to all applicable federal, state, and local requirements.

   (1)   Dimensional regulations.

      a.   Lot dimensional regulations.

         1.   See table 100-1 in chapter 100 and related footnotes.

         2.   See section 74-133(a) in chapter 74.

      b.   Building dimensional regulations. See table 100-2 in chapter 100 and related footnotes.

   (2)   Site plan review. Refer to division 1 of article VII of this chapter.

   (3)   Signage requirements. Refer to chapter 58.

   (4)   Parking requirements. Refer to article IX of this chapter.

   (5)   Supplemental regulations. Refer to article V of this chapter.

(Ord. No. 152, 5-1-2006; Ord. No. 188, 4-2-2012)

(a)   Intent and purpose. It is the primary purpose of this district to provide opportunities for the continuation of agricultural activities while also providing opportunities for single-family residential development patterns and lifestyles of a more rural and suburban character than provided elsewhere in the city. It is also expected that property within this district may transition to other more intensive uses. It is the intent of this district that development ensure a stable and healthy residential environment with suitable open spaces. The lot area requirements contained herein are minimum requirements but larger lot areas may be required where natural site conditions dictate and/or public sewer or water is not available. Persons considering residing within this district should be aware that the traditional odors, noises, dust, pesticide applications, and other generally recognized agricultural activities associated with farming may continue on a long term basis in this district. However, in light of the comparatively high-density character of the city and the associated concentration of persons and families, including school and religious facilities, intensive agricultural activities such as large concentrated livestock operations are not considered appropriate uses in this district.

(b)   Uses permitted by right.

   (1)   Single-family dwelling.

   (2)   Farm as defined in chapter 1 that does not include farm animals except as specified in section 122(c).

   (3)   Public and private conservation areas and structures for the conservation of water, soils, open space, forest, and wildlife resources (refer to section 94-192(8)).

   (4)   Public areas, such as forest preserves, game refuges, forest type recreation areas, and similar public uses of low intensity residential recreational character (refer to section 94-192(8)).

   (5)   A state licensed residential facility, except adult foster care facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

(c)   Permitted accessory uses.

   (1)   Accessory uses and structures as defined by this chapter.

   (2)   Home occupations (refer to section 94-173(a)).

   (3)   The keeping of customary farm animals, with the exception of hogs and poultry, on a parcel used wholly or in part as a single-family residence located outside of a platted or condominium subdivision, which is operated for non-commercial or hobby purposes involving five or less animal units, and which is sited and operated in accordance with generally accepted agricultural and management practices and regulations issued by the Michigan Department of Agriculture. No accumulation of refuse from animals is permitted within 150 feet of any public right-of-way or 75 feet of any property line.

   (4)   Roadside stands selling products grown or produced in Ingham County provided that contiguous space for off-street parking of customer vehicles is furnished.

   (5)   Rooming houses but not to exceed two rooming units.

   (6)   A family day care home licensed under the provisions of MCL 722.111 in which one but fewer than seven minor children are received for care and supervision in a private home for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption.

(d)   Uses authorized by special use permit.

   (1)   Religious institutions and structures for religious worship (refer to section 94-192(8)).

   (2)   Day care facility or foster care facility providing care for more than six but not more than 12 individuals in a state licensed residential facility, except adult foster care facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

   (3)   Public buildings including nonresidential governmental, utility, or public service use excluding storage yards, transformer stations, and substations (refer to section 94-192(8)).

   (4)   Public or private educational structures or uses (refer to section 94-192(8)).

   (5)   Cemeteries, public or private.

   (6)   Kennels, veterinary hospitals, veterinary clinics.

   (7)   Public event facilities and fair grounds (refer to section 94-192(8)).

   (8)   Public or private recreation facilities including parks, playgrounds, ball fields, athletic fields, swimming pools, community centers, golf courses, and country clubs (refer to section 94-192(8)).

   (9)   Planned residential developments (PRD) (refer to section 94-192(1)).

   (10)   Agricultural land uses, including farms with farm animals, livestock feeding operations and livestock production facilities, which are sited and operated in accordance with generally accepted agricultural and management practices and regulations issued by the Michigan Department of Agriculture. No accumulation of refuse from animals is permitted within 150 feet of any public right-of-way or 75 feet of any property line.

   (11)   Stables, riding stables and equestrian centers.

   (12)   Drilling and exploring operations for oil, gas, or other hydrocarbon materials.

(e)   Development standards. Any use of land or structures in this district shall comply with the general development standards of section 94-121(c) of this chapter. In addition, the following standards shall also apply to any use of land or structures in this district.

   (1)   The roof pitch ratio of the principle structure shall be a minimum of four foot vertical rise to 12 foot horizontal run.

   (2)   The principle structure shall be attached to a solid foundation.

   (3)   A principle residential structure shall provide a minimum of 15% of the total living space area as non-living space available for storage.

   (4)   A principle residential structure shall be constructed to be compatible in design and appearance with conventional onsite constructed structures.

(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006)

(a)   Intent and purpose. It is the primary purpose of these districts to provide opportunities for single-family residential development patterns and lifestyles of a more suburban and urban character than available in the AG district. The RS districts provide for varying lot sizes and development densities to allow for variation in housing preferences and market conditions and to provide the city with reasonable discretion in determining the most appropriate district under specific conditions including on-site and surrounding conditions. It is the intent of these districts that development ensure a stable and healthy residential environment with suitable open spaces and to prohibit uses that undermine this intent.

(b)   Uses permitted by right.

   (1)   Single-family dwelling.

   (2)   Public or private park land of a non-commercial nature composed primarily of vegetated open space where the principal mode of travel to the site is non-motorized and the principal activities at the site are low-intensity uses such as nature conservation and interpretive areas, children's playgrounds, sled hills, and open lawn areas for non-structured play. Such park land is not to be interpreted to include skateboard parks, motorized activities, team sports including sports fields, and activities that are generally accompanied by public gatherings and spectators (refer to section 94-192(8)).

   (3)   A state licensed residential facility, except adult foster care facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

(c)   Permitted accessory uses.

   (1)   Accessory uses and structures as defined by this chapter.

   (2)   Home occupations (refer to section 94-173(a)).

   (3)   A family day care home licensed under the provisions of MCL 722.111 in which one but fewer than seven minor children are received for care and supervision in a private home for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption.

(d)   Uses authorized by special use permit.

   (1)   Religious institutions and structures for religious worship (refer to section 94-192(8)).

   (2)   Day care facility or foster care facility providing care for more than six but not more than 12 individuals in a state licensed residential facility, except adult foster care facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

   (3)   Public buildings including nonresidential governmental, utility, or public service use excluding storage yards, transformer stations, and substations (refer to section 94-192(8)).

   (4)   Public or private educational structures or uses (refer to section 94-192(8)).

   (5)   Planned residential developments (PRD) (refer to section 94-192(1)).

   (6)   Bed and breakfast (refer to section 94-192(7)).

   (7)   Public or private recreation facilities including parks, playgrounds, ball fields, athletic fields, swimming pools, community centers, golf courses, and country clubs (refer to section 94-192(8)).

(e)   Development standards. Any use of land or structures in this district shall comply with the general development standards of section 94-121(c) of this chapter. In addition, the following standards shall also apply to any use of land or structures in this district.

   (1)   The roof pitch ratio of the principle structure shall be a minimum of four foot vertical rise to 12 foot horizontal run.

   (2)   The principle structure shall be attached to a solid foundation.

   (3)   A principle residential structure shall provide a minimum of 15% of the total living space area as non-living space available for storage.

   (4)   A principle residential structure shall be constructed to be compatible in design and appearance with conventional onsite constructed structures.

(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006)

(a)   Intent and purpose.  It is the primary purpose of this district to provide opportunities for one-family and two-family residential development patterns and lifestyles and to provide opportunities for small multiple-family housing options with appropriate limitations. It is the intent of this district that development ensure a stable and healthy residential environment with suitable open spaces and to prohibit uses that undermine this intent.

   (1)   Single-family dwelling.

   (2)   Public or private park land of a non-commercial nature composed primarily of vegetated open space where the principal mode of travel to the site is non-motorized and the principal activities at the site are low-intensity uses such as nature conservation and interpretive areas, children's playgrounds, sled hills, and open lawn areas for non-structured play. Such park land is not to be interpreted to include skateboard parks, motorized activities, team sports including sports fields, and activities that are generally accompanied by public gatherings and spectators (refer to section 94-192(8)).

   (3)   A state licensed residential facility, except adult foster care facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

   (4)   Two-family dwelling.

   (5)   Multiple-family dwelling, not to exceed three dwelling units and two stories, provided no such dwelling is located within less than 750 feet from another such dwelling within the R2F district as measured by a straight line between the closest points of the subject lots.

(c)   Permitted accessory uses.

   (1)   Accessory uses and structures as defined by this chapter.

   (2)   Home occupations (refer to section 94-173(a)).

   (3)   Rooming houses but not to exceed two rooming units.

   (4)   A family day care home licensed under the provisions of MCL 722.111 in which one but fewer than seven minor children are received for care and supervision in a private home for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption.

(d)   Uses authorized by special use permit.

   (1)   Religious institutions and structures for religious worship (refer to section 94-192(8)).

   (2)   Day care facility or foster care facility providing care for more than six but not more than 12 individuals in a state licensed residential facility, except adult foster care facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

   (3)   Public buildings including nonresidential governmental, utility, or public service use excluding storage yards, transformer stations, and substations (refer to section 94-192(8)).

   (4)   Public or private educational structures or uses (refer to section 94-192(8)).

   (5)   Planned residential developments (PRD) (refer to section 94-192(1)).

   (6)   Bed and breakfast (refer to section 94-192(7)).

   (7)   Public or private recreation facilities including parks, playgrounds, ball fields, athletic fields, swimming pools, community centers, golf courses, and country clubs (refer to section 94-192(8)).

(e)   Development standards. Any use of land or structures in this district shall comply with the general development standards of section 94-121(c) of this chapter. In addition, the following standards shall also apply to any use of land or structures in this district.

   (1)   The roof pitch ratio of the principle structure shall be a minimum of four foot vertical rise to 12 foot horizontal run.

   (2)   The principle structure shall be attached to a solid foundation.

   (3)   A principle residential structure shall provide a minimum of 15% of the total living space area as non-living space available for storage.

   (4)   A principle residential structure shall be constructed to be compatible in design and appearance with conventional onsite constructed structures.

(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006; Ord. No. 230, 9-28-2020)

(a)   Intent and purpose. It is the primary purpose of this district to provide housing opportunities and lifestyles in the form of multiple family dwellings, such as apartments and townhouses. It is the intent of this district that development ensure a stable and healthy residential environment with suitable open spaces and to prohibit uses that undermine this intent.

(b)   Uses permitted by right.

   (1)   Single-family dwelling.

   (2)   Public or private park land of a non-commercial nature composed primarily of vegetated open space where the principal mode of travel to the site is non-motorized and the principal activities at the site are low-intensity uses such as nature conservation and interpretive areas, children's playgrounds, sled hills, and open lawn areas for non-structured play. Such park land is not to be interpreted to include skateboard parks, motorized activities, team sports including sports fields, and activities that are generally accompanied by public gatherings and spectators (refer to section 94-192(8)).

   (3)   A state licensed residential facility, except adult foster care facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

   (4)   Two-family dwelling.

   (5)   Multiple-family dwellings, not to exceed eight dwelling units per building and not to exceed two stories per building.

(c)   Permitted accessory uses.

   (1)   Accessory uses and structures as defined by this chapter.

   (2)   Home occupations (refer to section 94-173(a)).

   (3)   Rooming houses but not to exceed four rooming units.

   (4)   A family day care home licensed under the provisions of MCL 722.111 in which one but fewer than seven minor children are received for care and supervision in a private home for periods of less than 24 hours a day, unattended by a parent or legal guardian, except children related to an adult member of the family by blood, marriage, or adoption.

(d)   Uses authorized by special use permit.

   (1)   Religious institutions and structures for religious worship (refer to section 94-192(8)).

   (2)   Day care facility or foster care facility providing care for more than six but not more than 12 individuals in a state licensed residential facility, except adult foster care facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

   (3)   Public buildings including nonresidential governmental, utility, or public service use excluding storage yards, transformer stations, and substations (refer to section 94-192(8)).

   (4)   Public or private educational structures or uses (refer to section 94-192(8)).

   (5)   Planned residential developments (PRD) (refer to section 94-192(1)).

   (6)   Bed and breakfast (refer to section 94-192(7)).

   (7)   Multiple-family dwellings containing more than eight dwelling units per building or more than two stories per building.

   (8)   Public or private recreation facilities including parks, playgrounds, ball fields, athletic fields, swimming pools, community centers, golf courses, and country clubs (refer to section 94-192(8)).

(e)   Development standards. Any use of land or structures in this district shall comply with the general development standards of section 94-121(c) of this chapter. In addition, the following standards shall also apply to any use of land or structures in this district.

   (1)   The roof pitch ratio of the principle structure shall be a minimum of four foot vertical rise to 12 foot horizontal run.

   (2)   The principle structure shall be attached to a solid foundation.

   (3)   A principle residential structure shall provide a minimum of 15% of the total living space area as non-living space available for storage.

   (4)   A principle residential structure shall be constructed to be compatible in design and appearance with conventional onsite constructed structures.

(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006)

(a)   Intent and purpose. It is the primary purpose of this district to provide housing opportunities and lifestyles in the form of manufactured housing communities as regulated under the Mobile Home Commission Act (MCL 125.2301 et seq.) and the Mobile Home Commission rules promulgated there under. It is the purpose of this district that, because of the comparative speed at which a manufactured housing community can be constructed and because of the potential for a rapid increase in demand upon public infrastructure and services, the district be established only where development will not outpace the ability of the city to effectively manage and accommodate demands upon public infrastructure and services and maintain the quality of life, local character, and identity of the city. It is the intent of this district that development ensure a stable and healthy residential environment with suitable open spaces and to prohibit uses that undermine this intent.

(b)   Uses permitted by right.

   (1)   Manufactured home park in compliance with the state Mobile Home Commission Act (MCL 125.2301 et seq.).

   (2)   Public or private park land of a non-commercial nature composed primarily of vegetated open space where the principal mode of travel to the site is non-motorized and the principal activities at the site are low-intensity uses such as nature conservation and interpretive areas, children's playgrounds, sled hills, and open lawn areas for non-structured play. Such park land is not to be interpreted to include skateboard parks, motorized activities, team sports including sports fields, and activities that are generally accompanied by public gatherings and spectators (refer to section 94-192(8)).

   (3)   Day care or foster care providing care for six or less individuals in a state licensed residential facility, except adult foster care facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

(c)   Permitted accessory uses.

   (1)   Accessory uses and structures as defined by this chapter.

   (2)   Home occupations (refer to section 94-173(a)).

(d)   Uses authorized by special use permit.

   (1)   Religious institutions and structures for religious worship (refer to section 94-192(8)).

   (2)   Day care facilities or foster care facility providing care for more than six but not more than 12 individuals in a state licensed residential facility, except adult foster care facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

   (3)   Public buildings including nonresidential governmental, utility, or public service use excluding storage yards, transformer stations, and substations (refer to section 94-192(8)).

   (4)   Public or private educational structures or uses (refer to section 94-192(8)).

   (5)   Multiple-family dwellings.

   (6)   Public or private recreation facilities including parks, playgrounds, ball fields, athletic fields, swimming pools, community centers, golf courses, and country clubs (refer to section 94-192(8)).

(e)   Development standards. Any use of land or structures in this district shall comply with the general development standards of section 94-121(c) of this chapter. In addition, the following standards shall also apply to any use of land or structures in this district.

   (1)   Parking requirements. Paved parking spaces for two vehicles are required for each home site. The location of parking spaces on corner sites shall not obstruct traffic visibility. Visitor parking spaces shall be provided within 500 feet of each site at a ratio of one visitor space per three sites. Refer to article IX of this chapter for additional requirements.

   (2)   Access. Ingress and egress shall be to a major public street which shall be paved to a minimum width of 33 feet. Entrances and exits shall be provided with adequate acceleration and deceleration lanes as required by the city.

   (3)   Internal street width.

      a.   Two-way streets. A minimum width of 21 feet where no parallel parking is permitted, 31 feet where parking is permitted on one side, and 41 feet where parking is permitted on both sides.

      b.   One-way streets. A minimum width of 13 feet where no parallel parking is permitted, 23 feet where parking is permitted on one side, and 33 feet where parallel parking is permitted on both sides.

      c.   Dead-end streets. The vehicular turn-around for dead end streets shall comply with the standards for a cul-de-sac in chapter 74.

   (4)   Utilities. All public utilities shall be provided by the park developer and furnished to each site underground only. Fire hydrants shall be provided with sufficient water supply pipe sizing as determined by the fire chief and so spaced that no site is farther than 400 feet from a hydrant.

   (5)   Sidewalks. Sidewalks not less than four-feet wide shall be provided to each manufactured home park site.

   (6)   Common open space. Each manufactured home park shall provide at least eight percent of the total site area for common open space. The planning commission may approve a common open space system for the manufactured home park which is evenly distributed throughout the site and represents not less than eight percent of the total site area.

   (7)   Landscaping. The manufactured home park shall meet the landscape requirements as outlined in division 2 of article VII of this chapter. In addition, trees of one-inch caliper minimum shall be installed and maintained on both sides of the street at a maximum spacing of 50 feet. A perimeter green belt of not less than 15 feet shall be provided which shall include fencing, landscaping, or screening for adjacent land uses.

   (8)   Building permits. A building permit shall be issued before a manufactured unit is placed on a site in a manufactured home park. A manufactured unit may not be occupied until a certificate of occupancy has been issued by the building official.

   (9)   Design and operating standards. The design, development, operation and business practices of manufactured home parks shall be subject to all current rules promulgated by the state Mobile Home Commission under the Mobile Home Commission Act (MCL 125.2301 et seq.), which are hereby incorporated by reference as part of this chapter.

(Ord. No. 152, 5-1-2006)

(a)   Intent and purpose. It is the primary purpose of this district to provide opportunities for business establishments that are predominantly comprised of professional offices, medical offices, administrative offices, and other businesses of a similar office character.

(b)   Uses permitted by right.

   (1)   Offices for attorneys, accountants, architects, engineers, and similar professions.

   (2)   Offices for financial institutions, real estate offices, insurance offices, investment brokers, credit reporting agencies, business management and consulting, information technology services and consulting, and similar business offices.

   (3)   Photographic studios.

   (4)   Professional services establishments providing human health care on an outpatient basis.

   (5)   Medical, optical and dental offices and laboratories.

   (6)   Offices for non-profit organizations, professional associations, labor unions, civic-social-fraternal organizations, political organizations, and religious organizations.

   (7)   Music, dance, or performing arts studios.

   (8)   Personal service establishments.

   (9)   Single family residences (refer to section 94-123).

   (1)   Accessory uses and structures as defined in this chapter.

   (2)   Automatic teller machines (walk-up only).

   (1)   Religious institutions and structures for religious worship (refer to section 94-192(8)).

   (2)   Day care facility or foster care facility providing care for more than six but not more than 12 individuals in a state licensed residential facility, except adult foster care facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

   (3)   Public buildings including nonresidential governmental, utility, or public service use excluding storage yards, transformer stations, and substations (refer to section 94-192(8)).

   (4)   Public or private educational structures or uses (refer to section 94-192(8)).

   (5)   Mortuaries and funeral homes (not including crematories).

   (6)   Research, development, and prototype manufacturing.

   (7)   Any use permitted in this district involving one or more structures that occupy, either individually or collectively, more than 15,000 square feet of gross floor area.

   (8)   Two family.

(Ord. No. 152, 5-1-2006; Ord. 211, 9-5-2017; Ord. 218, 5-21-2018)

(a)   Intent and purpose. It is the primary purpose of this district to provide in areas of a predominantly residential character, opportunities for office establishments which, because of the uses authorized and the required site development standards, are deemed compatible with such residential areas and which may be a benefit to such areas as a result of the services provided.

(b)   Uses permitted by right.

   (1)   Offices for professional practitioners in the component fields of medicine, dentistry, psychiatry, and psychology including practitioners committed to ministering to individual and community health. These offices can include group or clinical practice and therapeutic paramedical services.

   (2)   Offices for the practice of law, professional services, business services, scientific endeavors, creative activities, and the operation of professional associations, societies, and institutes.

   (3)   Single family residence (refer to section 94-123).

   (1)   Day care facility or foster care facility providing care for more than six but not more than 12 individuals in a state licensed residential facility, except adult foster care

      facilities for care and treatment of persons released from or assigned to or at adult correctional facilities (refer to section 94-192(8)).

   (2)   Two-family residences (refer to section 94-124).

   (3)   Bed and breakfast (refer to section 94-192(7)).

   (4)   Any use permitted in this district involving one or more structures that occupy, either individually or collectively, more than 15,000 square feet of gross floor area.

   (1)   Veterinary clinics.

   (2)   Hospitals, sanitariums, nursing homes, adult foster care large group home (13 to 20 individuals), and adult foster care congregate facility (more than 20 individuals).

   (3)   Retail sales and services.

   (4)   Personal services such as hair, cosmetic, and body care.

   (5)   Materials processing such as photo labs, chemical and testing labs.

   (6)   Mortuaries and funeral homes.

   (7)   Any land use which produces noise, glare, vibration, or odor at the property line.

   (8)   Any land use which generates vehicular and/or pedestrian movement in excess of that which is normally prevailing in the district or adjoining districts.

(Ord. No. 152, 5-1-2006; Ord. 218, 5-21-2018)

   (1)   Offices for financial institutions, real estate offices, insurance offices, investment brokers, credit reporting agencies, business management and consulting, information technology services and consulting, and similar business offices.

   (2)   Photographic studios.

   (3)   Professional services establishments providing human health care on an outpatient basis.

   (4)   Medical, optical and dental offices and laboratories.

   (5)   Offices for non-profit organizations, professional associations, labor unions, civic-social-fraternal organizations, political organizations, and religious organizations.

   (6)   Music, dance, or performing arts studios.

   (7)   Offices for professional practitioners in the component fields of medicine, dentistry, psychiatry, and psychology including practitioners committed to ministering to individual and community health. These offices can include group or clinical practice and therapeutic paramedical services.

   (8)   Offices for the practice of law, professional services, business services, scientific endeavors, creative activities and similar professions, and the operation of professional associations, societies, and institutes.

   (9)   Retail trade, office and personal service businesses including financial institutions, hardware and appliance stores, barber and beauty shops, clothing, food, restaurants, with or without outdoor food and drink service (refer to section 94-173(j)), drug, variety, furniture, jewelry, self-service and/or drop off laundry including dry cleaning performed off-premise, small job printing provided non-explosive fluids are used and similar uses when conducted within a building and no part of which consists of manufacturing or processing on the premises.

   (10)   Bed and breakfast (refer to section 94-192(7)).

   (11)   Residential use located above a business use that meets the minimum floor area standards of the RM multiple-family residential district.

   (12)   Establishments licensed for the sale of alcoholic beverages where consumption is allowed on and/or off the premises.

   (13)   Public assembly buildings, indoor theaters, and auditoriums.

   (1)   Public buildings including nonresidential governmental, utility, or public service use excluding storage yards, transformer stations, and substations (refer to section 94-192(8)).

   (2)   Public or private educational structures or uses (refer to section 94-192(8)).

   (3)   Vehicular drive-in service when associated with a principal use.

   (4)   Off-street public or private parking facilities (refer to section 94-192(8)).

   (5)   Boarding and rooming houses.

   (6)   Pub, tavern, or restaurant with outdoor entertainment, including music.

   (7)   Any use permitted in this district involving one or more structures that occupy, either individually or collectively, more than 15,000 square feet of gross floor area.

   (8)   Monopole telecommunication towers and antennae in accordance with the requirements of section 94-173(d)(13)(a)5.

   (9)   Short-term dwelling rental (refer to section 94-192(11)).

(Ord. No. 152, 5-1-2006; Ord. No. 156, 9-5-2006; Ord. No. 161, 9-4-2007; Ord. No. 166, 8-4-2008; Ord. No. 227, 10-7-2019; Ord. No. 239, 11-9-2022)

(a)   Intent and purpose. It is the primary purpose of this district to provide opportunities for business establishments that address the retail and service needs of both local and regional populations, including the highway traveler and uses that draw from a regional market or which uniquely benefit from close proximity to the US-127 interchanges.

(b)   Uses permitted by right.

   (1)   Offices for financial institutions, real estate offices, insurance offices, investment brokers, credit reporting agencies, business management and consulting, information technology services and consulting, and similar business offices.

   (2)   Photographic studios.

   (3)   Professional services establishments providing human health care on an outpatient basis.

   (4)   Medical, optical and dental offices and laboratories.

   (5)   Offices for non-profit organizations, professional associations, labor unions, civic-social-fraternal organizations, political organizations, and religious organizations.

   (6)   Music, dance, or performing arts studios.

   (7)   Offices for professional practitioners in the component fields of medicine, dentistry, psychiatry, and psychology including practitioners committed to ministering to individual and community health. These offices can include group or clinical practice and therapeutic paramedical services.

   (8)   Offices for the practice of law, professional services, business services, scientific endeavors, creative activities and similar professions, and the operation of professional associations, societies, and institutes.

   (9)   Retail trade, office and personal service businesses including financial institutions, hardware and appliance stores, barber and beauty shops, clothing, food, restaurants with or without outdoor food and drink service (refer to section 94-173(j)), drug, variety, furniture, jewelry, self-service and/or drop-off laundry including dry cleaning performed off-premise, small job printing provided non-explosive fluids are used and similar uses when conducted within a building and no part of which consists of manufacturing or processing on the premises.

   (10)   Boarding and rooming houses.

   (11)   Bed and breakfast (refer to section 94-192(7)).

   (12)   Residential use located above a business use that meets the minimum floor area standards of the RM multiple-family residential district.

   (13)   Establishments licensed for the sale of alcoholic beverages where consumption is allowed on and/or off the premises.

   (14)   Outdoor retail sales and service.

   (15)   Wholesale businesses.

   (16)   Plumbing, heating, retail sales and service and other similar uses.

   (17)   Farm machinery and implement sales.

   (18)   Nursery, shrubbery, and garden supply centers.

   (19)   Public assembly buildings, indoor theaters, and auditoriums.

(c)   Permitted accessory uses. Accessory uses and structures as defined in this chapter.

(d)   Uses authorized by special use permit.

   (1)   Community commercial centers (refer to section 94-192(5)).

   (2)   Public buildings including nonresidential governmental, utility, or public service use excluding storage yards, transformer stations, and substations (refer to section 94-192(8)).

   (3)   Public or private educational structures or uses (refer to section 94-192(8)).

   (4)   Vehicular drive-in service.

   (5)   Off-street public or private parking facilities.

   (6)   Communication towers and antennas (refer to section 94-173(d)).

   (7)   Hotels and motels.

   (8)   New and used motor vehicle, boat and trailer sales and service.

   (9)   Automobile service stations and automobile repair garages (refer section 94-192(2)).

   (10)   Automatic and self-serve car wash.

   (11)   Mini-warehouse.

   (12)   Adult businesses (refer to section 94-173(h)).

   (13)   Pub, tavern, or restaurant with outdoor entertainment including music.

   (14)   Any use permitted in this district involving one or more structures that occupy, either individually or collectively, more than 15,000 square feet of gross floor area.

(e)   Development standards. Any use of land or structures in this district shall comply with the general development standards of section 94-121(c) of this chapter.

(Ord. No. 152, 5-1-2006; Ord. No. 156, 9-5-2006; Ord. No. 166, 8-4-2008)

(a)   Intent and purpose. It is the primary purpose of this district to provide opportunities for business establishments that address the local day-to-day office, retail, and service needs of the city's residents and visitors, and nearby surrounding populations, and which are not located in the city's historic business area (C-1 District) nor cater to the highway traveler or serve more regional populations, for which the C-2 District has been established.

(b)   Uses permitted by right.

   (1)   Offices for financial institutions, real estate offices, insurance offices, investment brokers, credit reporting agencies, business management and consulting, information technology services and consulting, and similar business offices.

   (2)   Photographic studios.

   (3)   Professional services establishments providing human health care on an outpatient basis.

   (4)   Medical, optical and dental offices and laboratories.

   (5)   Offices for non-profit organizations, professional associations, labor unions, civic-social-fraternal organizations, political organizations, and religious organizations.

   (6)   Music, dance, or performing arts studios.

   (7)   Offices for professional practitioners in the component fields of medicine, dentistry, psychiatry, and psychology including practitioners committed to ministering to individual and community health. These offices can include group or clinical practice and therapeutic paramedical services.

   (8)   Offices for the practice of law, professional services, business services, scientific endeavors, creative activities and similar professions, and the operation of professional associations, societies, and institutes.

   (9)   Retail trade, office and personal service businesses including financial institutions, hardware and appliance stores, barber and beauty shops, clothing, food, restaurants with or without outdoor food and drink service (refer to section 94-173(j)), drug, variety, furniture, jewelry, self-service and/or drop-off laundry including dry cleaning performed off-premise, small job printing provided non-explosive fluids are used and similar uses when conducted within a building and no part of which consists of manufacturing or processing on the premises.

   (10)   Bed and breakfast (refer to section 94-192(7)).

   (11)   Residential use located above a business use that meets the minimum floor area standards of the RM multiple-family residential district.

   (12)   Establishments licensed for the sale of alcoholic beverages where consumption is allowed on and/or off the premises.

   (13)   Enclosed public assembly buildings, indoor theaters, and auditoriums.

   (14)   Veterinary clinics and hospitals, not including kennels.

(c)   Permitted accessory uses. Accessory uses and structures as defined in this chapter.

   (1)   Public buildings including nonresidential governmental, utility, or public service use excluding storage yards, transformer stations, and substations (refer to section 94-192(8)).

   (2)   Public or private educational structures or uses (refer to section 94-192(8)).

   (3)   Vehicular drive-in service when associated with a principal use.

   (4)   Off-street public or private parking facilities (refer to section 94-192(8)).

   (5)   Boarding and rooming houses.

   (6)   Pub, tavern, or restaurant with outdoor entertainment, including music.

   (7)   Community commercial centers (refer to section 94-192(5), except that the lot area and width shall comply with the standards listed in section 94-121(c)(1)(a)).

   (8)   Outdoor retail sales and service (refer to section 94-192(10)).

(Ord. No. 152, 5-1-2006; Ord. 156, passed 9-5-2006; Ord. 166, 8-4-2008; Ord. No. 209, 6-5-2017)

(a)   Intent and purpose. It is the purpose of this district to provide opportunities for a variety of industrial activities that can be generally characterized as being of low intensity, including the absence of objectionable external affects such as noise, fumes, vibrations, odors and traffic patterns, and resulting in limited demands for additional public services. Manufacturing operations in this district are generally intended to utilize previously prepared materials as opposed to the use, alteration, or manipulation of raw materials.

(b)   Uses permitted by right.

   (1)   Industrial parks.

   (2)   Research, development, and prototype manufacturing facilities and offices.

   (3)   Warehousing, grain elevators, grain storage, refrigerated storage, bulk storage of petroleum products, and general storage.

   (4)   Local and regional transit and passenger transportation facilities, and trucking terminals, maintenance and service facilities.

   (5)   Laundry services.

   (6)   The manufacturing, compounding, processing or treatment of such products as bakery goods, candy, cosmetics, dairy products, and food products.

   (7)   Assembly of merchandise such as electrical appliances, and electronic or precision instruments.

   (8)   Printing, lithographic, blueprinting, copying, and similar uses.

   (9)   Light manufacturing activity which, by the nature of the materials, equipment, and processes utilized, is to a considerable extent clean, quiet, and free from any objectionable or dangerous nuisance or hazard including any of the following goods or materials:

      a.   Furniture and fixtures.

      b.   Paper and paperboard products.

      c.   Jewelry, silverware and plated ware.

      d.   Musical instruments and parts.

      e.   Toys and sporting goods.

      f.   Signs, advertising displays and canvas products.

      g.   Office computing and accounting equipment.

      h.   Jobbing and repair machine shops.

   (10)   Body and paint shops for automobiles and other vehicles.

(c)   Permitted accessory uses. Accessory uses and structures as defined in this chapter.

(d)   Uses authorized by special use permit.

   (1)   Day care facilities serving the principal uses in the —1 district if the planning commission determines that the nature of the principal use and/or the relative location of the principal use or other uses to the day care facility does not pose any significant threat to the safety of children attending the day care facility (refer to section 94-192(8)).

   (2)   Public buildings for governmental utility or public service use, including storage yards, transformer stations, and substations (refer to section 94-192(8)).

   (3)   Communication towers and antennas (refer to section 94-173(d)).

   (4)   Sale of repaired, used vehicles, by special use permit as an accessory use (refer to section 94-151(c)) to a paint and body shop for automobiles and other vehicles (refer to section 94-151(b)(10)) which meets and complies with the following conditions and criteria.

      a.   Only the sale of vehicles which have been purchased in a state of disrepair and then repaired at the premises operated as a body and paint shop pursuant to section 94-151(b)(10).

      b.   The sale of repaired vehicles shall not exceed a total sum of eighteen (18) per calendar year.

      c.   No advertising shall occur to be placed on the premises indicating the sale of used vehicles. This shall include no “for sale” signage on the vehicle itself unless such vehicle is located on the premises where it is not readily visible to the general public from any nearby roads.

      d.   No repaired vehicles shall be kept or stored at the front of the site or at any location on the site where they are reasonably visible to the general public from abutting roadways.

      e.   The owner maintain accurate records on the premises for each vehicle purchased for repair reflecting the date of purchase, purchase price, seller, a brief description of repairs accomplished, and sale price. Such records shall be made available for inspection by the zoning official upon request.

      f.   Compliance with all other provisions of these Ordinances including the requirements for a Special Use Permit as well as section 94-151(e).

      g.   The owner complies with any federal, state, or county ordinances or requirements relative to the sale of vehicles, obtains all required licenses and/or permits and maintains them in good standing at all times.

      h.   For purposes of the subsection 94-151(d)(4), the following definitions shall apply:

         1.   Vehicles shall means and refer to automobiles, trucks, motorcycles, and similar items.

         2.   State of disrepair shall mean that the vehicle in question had such damage or necessitated repairs to its power train, chassis, other non-exterior visible items and/or body work and where the necessary repairs, at normal retail pricing would exceed twenty-five (25%) of the retail value of the vehicle, after repair.

(e)   Development standards. Any use of land or structures in this district shall comply with the general development standards of section 94-121(c) of this chapter.

(Ord. No. 152, 5-1-2006; Ord. No. 195, 11-18-2013)

(a)   Intent and purpose. It is the primary purpose of this district to provide opportunities for a variety of industrial activities, including assembly, packaging, fabrication, processing, compounding, and manufacturing processes that rely on raw materials or previously prepared materials.

(b)   Uses permitted by right.

   (1)   Industrial parks.

   (2)   Research, development, and prototype manufacturing facilities and offices.

   (3)   Warehousing, grain elevators, grain storage, refrigerated storage, bulk storage of petroleum products, and general storage.

   (4)   Local and regional transit and passenger transportation facilities, and trucking terminals, maintenance and service facilities.

   (5)   Laundry services.

   (6)   The manufacturing, compounding, processing or treatment of such products as bakery goods, candy, cosmetics, dairy products, and food products.

   (7)   Assembly of merchandise such as electrical appliances, and electronic or precision instruments.

   (8)   Printing, lithographic, blueprinting, copying, and similar uses.

   (9)   Light manufacturing activity which by the nature of the materials, equipment, and processes utilized are to a considerable extent clean, quiet, and free from any objectionable or dangerous nuisance or hazard including any of the following goods or materials:

      a.   Furniture and fixtures.

      b.   Paper and paperboard products.

      c.   Jewelry, silverware and plated ware.

      d.   Musical instruments and parts.

      e.   Toys and sporting goods.

      f.   Signs, advertising displays and canvas products.

      g.   Office computing and accounting equipment.

      h.   Jobbing and repair machine shops.

   (10)   Body and paint shops for automobiles and other vehicles.

   (11)   Heavy construction and general building companies.

   (12)   Industrial manufacturing, processing, or assembling of the following:

      a.   Prefabricated buildings and structural members.

      b.   Fabricated metal products including heavy machinery and industrial equipment.

      c.   Stone, clay, and glass products.

      d.   Aluminum, bronze, copper, copper-alloy and other non-ferrous castings.

      e.   Machinery such as engines, turbines, farm implements, and industrial machinery and equipment.

      f.   Transportation equipment, such as motor vehicles and non-motorized vehicles and parts.

      g.   Agricultural products.

      h.   Biological products, drugs, medicinal, chemical and pharmaceutical products.

      i.   Monuments, cut stone and stone products.

(c)   Permitted accessory uses. Accessory uses and structures as defined in this chapter.

(d)   Uses authorized by special use permit.

   (1)   Above ground storage of flammable liquids or combustible materials.

   (2)   Cement and asphalt plants.

   (3)   Communication towers and antennas (refer to section 94-173(d)).

   (4)   Junk and salvage yards (refer to section 94-192(3)).

   (5)   Livestock auction yard and livestock transport facilities.

   (6)   Refineries and power generating plants.

   (7)   Railroad terminals.

   (8)   Meat or poultry processing plant.

   (9)   Dry or liquid bulk blending plant.

   (10)   Nitrogen fertilizer and anhydrous ammonia.

   (11)   Repair and storage of damaged mobile homes.

   (12)   Racetrack or racing theatre (refer to section 94-192(9)).

   (13)   Casino (refer to section 94-192(9)).

   (14)   Removal and disposal of soil, sand, gravel, and other materials (refer to section 94-192(4)).

   (15)   Drilling, exploring and production operations for oil, gas, or other hydrocarbon materials.

(e)   Development standards. Any use of land or structures in this district shall comply with the general development standards of section 94-121(c) of this chapter.

(Ord. No. 152, 5-1-2006)

(a)   Intent and purpose. It is the purpose of this district to establish provisions for the submission, review and approval of applications for specific development proposals that rely on more flexible land use and development standards than would normally be permitted by other districts. Such developments shall be authorized as "planned unit developments" pursuant to Section 4b of the City/Village zoning Act. It is the purpose of this district that such PUD districts and development be established only where it is determined that such approval supports the objectives of this chapter and results in a benefit to the community that would not otherwise be realized under traditional district provisions. Such benefit may address innovation in land use and site layout; economy and efficiency in the use of land, natural resources, energy, and the providing of public services and utilities; useful open space; improved housing, employment, and shopping opportunities; and greater compatibility of design and use with the characteristics of the project area and between neighboring properties. This district and its provisions is not intended as a device for ignoring this chapter or the planning upon which it is based. To this end, the provisions of this section are intended to result in land use and development substantially consistent with the planned development pattern for the city, with modifications and departures from generally applicable chapter requirements made in accordance with standards provided in this section to ensure appropriate, fair, and consistent decision making.

(b)   Uses permitted by right. Any land use authorized in this chapter is permitted in this district as a principal use provided that public health, safety, and welfare are not impaired and the essential character of the proposed development meets the general intent of the Master Plan. Where the Master Plan provides for residential development patterns, commercial and other non-residential uses may be permitted as part of a development which also contains a residential component, provided that the applicant demonstrates that the residential uses will be predominant. The planning commission shall determine predominance of use after taking into account the following criteria:

   (1)   The extent to which a non-residential use serves residents in the development compared to others who travel to the site.

   (2)   The amount of traffic generated by the non-residential use.

   (3)   The operational hours of the non-residential use.

   (4)   The proportional land area allocated to the non-residential use.

   (5)   The building area allocated to the non-residential use.

(c)   Permitted accessory uses. Any accessory use authorized in this chapter is permitted in this district if such use is consistent with the requirements of subsection (b).

(d)   Uses authorized by special permit. Any use authorized by special use permit in this chapter is permitted in this district as if such uses were permitted by right. No special use permits are required in this district.

(e)   Site development standards and deviations. The site development standards for all proposed individual land uses and facilities in this district shall conform to this chapter and any applicable sections of this code, including such standards pertaining to lot area and dimensions, density, lot coverage, setbacks, building height, parking, loading, landscaping and screening, road widths, and similar requirements, except that the city council may permit deviations from such standards where such deviations will result in a higher quality of development than would be possible without the deviations.

   (1)   Except where a deviation is granted, standards pertaining to lot area and dimensions, density, lot coverage, and setbacks shall comply with those standards of the district which most closely characterizes the dominant character of the development.

   (2)   Except where a deviation is granted, mixed uses shall comply with the regulations applicable for each individual use, including those standards contained in article VI, of this chapter. If regulations are inconsistent with each other, the regulations applicable to the most dominant use shall apply.

   (3)   Deviation from development standards may be authorized only upon a finding by the city council that there are adequate features or planning mechanisms designed into the project to achieve the objectives intended to be accomplished with respect to each of the standards from which a departure is sought.

(f)   PUD is a separate district. A PUD is permitted only in association with a PUD District. The approval of a PUD shall require an amendment to the Zoning Map constituting a part of this chapter so as to designate the property "PUD", and the PUD shall be subject to the approved PUD application including a site plan.

(g)   Minimum eligibility criteria. The following minimum eligibility criteria shall be met for PUD approval.

   (1)   Recognizable and substantial benefit. The development shall result in a recognizable and substantial benefit to the ultimate users of the project and to the community. Such benefit must otherwise be unfeasible or unlikely under the regulations of other districts.

   (2)   Availability and capacity of public services. The proposed type and intensity of use shall not result in an unreasonable burden on public services, facilities, and utilities.

   (3)   Compatibility with the master plan. The proposed development shall be in accordance with the goals and policies of the City of Mason Master Plan.

   (4)   Compatibility with the intent and purpose. The proposed development shall be consistent with the intent and purpose as stated in subsection (a).

   (5)   Economic impact. The proposed development shall not impede the continued use or development of surrounding properties for uses permitted on such properties.

   (6)   Unified control of property. The proposed development shall be under single ownership or control such that there is a single person or entity having responsibility for completing the project in conformity with this chapter and the specifications of the PUD approval. This provision shall not prohibit a transfer of ownership or control, upon due notice to the zoning official.

(h)   Approval procedure.

   (1)   Optional preapplication conference. Prior to the submission of a preliminary site plan for PUD approval, the applicant may request a meeting with one or more representatives of the planning commission and city council, together with such consultants and other officials and staff as either the city or the applicant deem appropriate. The purpose of the meeting is to inform city officials of the general theme for the proposed development and to provide the potential applicant with information regarding land development policies, procedures, standards and requirements of the city pertaining to the proposed development. Statements made in the course of a preapplication conference shall not be legally binding commitments. At or prior to the preapplication conference (or conferences), the applicant may present a general sketch plan of the proposed PUD that provides an overview of the proposed project.

   (2)   Preliminary plan: application, public hearing, and action.

      a.   The applicant shall submit to the zoning official 20 copies of a PUD application supplied by the zoning official, which shall also include a preliminary site plan. The zoning official shall forward copies to the planning commission. The preliminary site plan shall comply with the requirements of division 1 of article VII of this chapter and include a detailed text description of the proposed development and all requirements from which the applicant is seeking a departure. The zoning official shall transmit copies of the PUD application to other agencies and individuals selected to review such plans including city staff, city consultants, the county drain commissioner, and the county road commission.

      b.   The planning commission shall review the application, including comments by any reviewing agencies or individuals, and shall be entitled to make reasonable inquiries of and receive answers from the applicant. Following review of the application, including the preliminary site plan, the planning commission shall act on the application as if it were an application for rezoning, and in doing so, shall follow the provisions of article XII of this chapter.

      c.   Following the public hearing and any fact finding and additional studies, the planning commission shall prepare written findings regarding the application's conformance with the applicable requirements of this chapter, including the site plan approval standards of division 1 of article VII of this chapter and the special use approval standards of section 94-191(f). The planning commission shall recommend to the city council to approve, deny, or approve with conditions the application, including the preliminary site plan. The planning commission shall prepare and transmit a report to the city council stating its conclusions and recommendation, the basis for its decision, and any recommended conditions relating to an affirmative decision.

      d.   After holding a public hearing on the application with notice as provided in section 94-101 of this chapter, the city council shall take final action to approve, deny, or approve with conditions the application, including the preliminary site plan. In reviewing the application, the city council shall consider the applicable requirements of this chapter, including the site plan approval standards of division 1 of article VII of this chapter and the special use approval standards of section 94-191(f). The city council shall prepare and transmit a report to the applicant stating its conclusions and decision, the basis for its decision, and any conditions relating to an affirmative decision. The effect of city council approval of the application shall be:

         1.   To authorize the fundamental PUD character and layout embodied in the preliminary plan, including any conditions applied to the approval, prior to the preparation of a final site plan.

         2.   To authorize a change to the zoning map to classify the subject property as PUD upon approval of the final site plan by the city council.

   (3)   Final plan and permit issuance:

      a.   Within 24 months following receipt of preliminary plan approval, the applicant shall submit to the zoning official 20 copies of a final plan, or phase one of a final plan, including a final site plan conforming with division 1 of article VII of this chapter and including a detailed text description of the proposed development and all regulations from which the applicant is requesting a departure. If the final plan has not been submitted within such period, the preliminary plan approval shall become null and void unless the city council extends the time for submission of the final plan upon a showing by the applicant that no material change of circumstances has occurred having bearing on the original action of the city council.

      b.   The zoning official shall record the date of the receipt of the final site plan and transmit copies to the planning commission and other agencies or individuals selected to review such plans including city staff, city consultants, the county drain commissioner, and the county road commission.

      c.   The planning commission shall review the final plan and shall be entitled to make reasonable inquiries of and receive answers from the applicant. The planning commission shall prepare and transmit a report to the city council stating its conclusions and recommendation, the basis for its recommendation, and any conditions relating to an affirmative decision. The planning commission shall recommend to the city council to approve, deny, or approve with conditions the final plan. The city council shall take final action to approve, deny, or approve with conditions the final plan. In reviewing the final plan, the city council shall consider the applicable requirements of this chapter, including the site plan approval standards of division 1 of article VII of this chapter and the special use approval standards of section 94-191(f). The city council shall prepare and transmit a report to the applicant stating its conclusions and decision, the basis for its decision, and any conditions relating to an affirmative decision.

      d.   If and when the final site plan is approved, all improvements and use of the property shall be in conformity with the final site plan and any conditions imposed. The applicant shall record an affidavit with the register of deeds containing the legal description of the entire project, specifying the date of approval, and declaring that all future improvements will be carried out in accordance with the approved PUD unless a revision is approved by the city council upon request or approval of the applicant or applicant's transferee and/or assignees. Upon receipt of the recorded documents, the zoning official shall issue a permit for that portion of the PUD project receiving final site plan approval and the city administrator shall amend the zoning map of the city.

(i)   Phasing.

   (1)   Where a project is proposed for construction in phases, the project shall be so designed that each phase, when completed, shall be capable of standing on its own in terms of the presence of services, facilities, and open space, and shall contain the necessary components to insure protection of natural resources and the health, safety and welfare of the users of the PUD and residents, businesses and properties of the surrounding area.

   (2)   In developments that include mixed components such as residential and commercial, the city council may require that a specified portion of one component be constructed prior to the initiation of construction of other components, to ensure the intent and spirit of the PUD as approved. For example, if a city area is planned for predominantly residential development and a PUD application is approved that consists of both residential and commercial components, the city council may require that a certain portion of the residences be constructed prior to the initiation of construction of the commercial component.

(Ord. No. 152, 5-1-2006; Ord. No. 157, 11-6-2006)