The regulations established by this chapter within each district or within all districts shall be deemed minimum relations necessary for protection of the public health, safety, and general welfare, and said regulations shall apply uniformly to each class or kind of structure or land use, except as follows:

(1)

No building, structure, or land shall hereafter be used or occupied, and no building or structure or part thereof shall hereafter be erected, constructed, reconstructed, moved or structurally altered, except in conformity with all the regulations herein specified.

(2)

No building or other structure shall be erected or altered to:

a.

Exceed the height or bulk;

b.

Accommodate or house a greater number of families;

c.

Occupy a greater percentage of lot area;

d.

Have narrower or smaller yards or other open spaces than specified.

(3)

No part of a yard or other open space required above or in connection with any building or structure for the purpose of complying with this chapter shall be included as part of a yard or other open space similarly required for any other building or structure.

(4)

No yard or lot existing at the time of passage of the ordinance from which this chapter is derived shall be reduced in dimension or area below the minimum requirements set forth herein. 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 herein.

(5)

In each district, no use other than the types specified shall be allowed. Uses specified as "permitted" shall be permitted upon application to the zoning administrator. Uses specified as "permitted as special exception" are special exceptions, and no permit shall be issued for such uses except with the written approval of the board of adjustment and subject to such conditions as the said board may require to preserve and protect the character of the district.

(Ord. of 2-16-2010, § 400)

(a)

General purpose. The purpose of this district is to provide suitable areas for agricultural and very low density single-family residential use. It is the intent of this chapter to protect agricultural use, the conservation of undeveloped areas and amenities, and to preserve additional area for future urbanization. Further, A-1 Districts should be confined to the outlying portions of the city where public services are not yet available or are not adequate to support high density urban development.

(b)

Permitted uses. Single-family dwellings and accessory uses:

(1)

Agricultural uses, including farm buildings and excluding feed lots and sales or auction yards and barns.

(2)

Field and truck crops.

(3)

Timberland and tree farms.

(4)

Orchards and vineyards.

(5)

Manufactured homes on three-acre lots.

(c)

Uses permitted as special exceptions.

(1)

Public schools.

(2)

Parochial or private schools having a teaching curriculum and teaching conditions equivalent to public schools.

(3)

Public service facilities.

(4)

Churches.

(5)

Children's camps on sites of 40 acres or more.

(6)

Country clubs.

(7)

Golf courses, except miniature courses or driving ranges.

(8)

Yacht clubs, marinas, boathouses, and accessory bait shops and snack bars.

(9)

Boat docks.

(10)

Recreational areas.

(11)

Privately operated outdoor recreational facilities, including, but not limited to, riding stables, lakes, swimming pools, tennis courts, stock car racetracks, motor cross, and miniature golf courses, provided they are located on sites containing not less than five acres.

(12)

Parks and forest preserves.

(13)

Fish camps and hunting clubs not operated as a commercial enterprise.

(14)

Lodges.

(15)

Day care centers.

(16)

Group quarters for agricultural workers.

(17)

Temporary labor camps necessary for the gathering of crops.

(18)

Raising fowl.

(19)

Feedlots for livestock, hog farms, rabbit hutches and similar intensive farming operations.

(20)

Roadside stands for the display or sale of agricultural products raised, produced and processed on the premises.

(21)

Auction barns or yards.

(22)

Extraction of minerals.

(23)

Television, radio and telecommunications towers and related facilities exceeding the general height limits of the A-1 District may be allowed in A-1 areas designated on the city's land use plan as future highway commercial.

(24)

New cemeteries or enlargement of existing cemeteries.

(25)

Veterinary clinics and dog kennels on sites of not less than three acres, provided not more than 20 percent of the site area may be occupied by buildings.

(26)

Small assembly or manufacturing uses not employing more than two persons and from which no noise, glare, heat, vibration, smoke, dust, or other noxious influence can be detected at the property line.

(27)

Utility substations.

(28)

Home occupations, subject to standards as set out in article V of this chapter.

(d)

Uses prohibited.

(1)

Commercial and industrial uses (except those outlined above).

(2)

High density residential uses.

(3)

Mobile home parks.

(4)

Travel trailer camps and other high density uses requiring substantial public services.

(e)

Required lot area and width, yards, building area and height.

(1)

Minimums. The minimums for required lot area and width, yards, building and area height are as follows:

a.

Lot area for single-family residence: Three acres.

b.

Lot width: 250 feet.

c.

Depth of front yard: 30 feet.

d.

Depth of rear yard: 30 feet.

e.

Width of side yards: 30 feet.

f.

Horizontal separation of detached buildings on a lot: 30 feet.

(2)

Maximums. The maximums for required lot area and width, yards, building and area height are as follows:

a.

Lot coverage: Five percent of lot area.

b.

Height of structures: Two stories or 35 feet.

Exception: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(Ord. of 2-16-2010, § 401)

(a)

General purpose. The purpose of this district is to permit the development and continued maintenance of low residential densities in an urban setting consisting primarily of single-family residential development, by relatively low overall density with lots of at least 12,000 square feet per dwelling unit.

(b)

Uses permitted. The uses permitted in this district are single-family residential dwellings and accessory uses and structures and permitted and exempted signs as listed within this district.

(c)

Uses permitted as special exceptions. The uses permitted as special exceptions in this district are as follows:

(1)

Home occupations.

(2)

Country clubs and semi-public recreational areas.

(3)

Churches.

(4)

Private or parochial schools having a teaching curriculum and teaching conditions equivalent to public schools.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Commercial and industrial uses.

(2)

Individual mobile homes.

(3)

Mobile home parks or subdivisions.

(4)

Trailer parks and related uses.

(e)

District regulations. The district regulations for this district are as follows:

(1)

Minimum lot area: 12,000 square feet.

(2)

Minimum lot width: 80 feet.

(3)

Minimum depth of front yard: 30 feet.

(4)

Minimum depth of rear yard: 30 feet.

(5)

Minimum width of side yard: Ten feet.

(6)

Maximum lot coverage: 25 percent of lot area.

(7)

Maximum height of structures: Two stories or 35 feet.

Exception: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(8)

Minimum floor area for single-family dwelling: 1,500 square feet.

(f)

Other requirements. The following sections may have requirements which apply to this district:

(1)

Section 42-92, Amenity incentives in residential districts.

(2)

Article V, Regulations applicable to all districts, of this chapter.

(Ord. of 2-16-2010, § 402)

(a)

General purpose. The purpose of this district is to permit the development and continued maintenance of low to medium residential density in an urban setting with an overall density of 10,000 square feet per dwelling unit and related public and semi-public uses in a residential environment.

(b)

Uses permitted. The uses permitted in this district are single-family residential dwellings and accessory uses and structures, and permitted and exempted signs as listed within this district.

(c)

Uses permitted as special exceptions. The uses permitted as special exceptions in this district are as follows:

(1)

Home occupations.

(2)

Country clubs and semi-public recreation areas.

(3)

Churches.

(4)

Private or parochial schools have a curriculum and teaching conditions equivalent to public schools.

(5)

Child day care centers.

(6)

Nurseries.

(7)

Similar uses best located in a residential environment.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Commercial and industrial uses.

(2)

Individual mobile homes.

(3)

Mobile home parks and subdivisions.

(4)

Trailer parks and related uses.

(e)

District regulations. The district regulations for this district are as follows:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: 75 feet.

(3)

Minimum depth of front yard: 30 feet.

(4)

Minimum depth of rear yard: 30 feet.

(5)

Minimum width of side yard: Eight feet.

(6)

Maximum lot coverage: 25 percent of lot area.

(7)

Maximum height of structures: Two stories or 35 feet.

Exception: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(8)

Minimum floor area for single-family dwelling: 1,200 square feet.

(f)

Other requirements. The following sections may have requirements which apply to this district:

(1)

Section 42-92, Amenity incentives in residential districts.

(2)

Article V, Regulations applicable to all districts, of this chapter.

(Ord. of 2-16-2010, § 403)

(a)

General purpose. The purpose of this district is to permit the development and continued maintenance of higher residential densities in an urban setting consisting primarily of single-family residential development with a lot of at least 8,000 square feet and related public and semi-public uses in a residential environment.

(b)

Uses permitted. The uses permitted in this district are single-family residential dwellings and accessory uses and structures, and permitted and exempted signs as listed in this district.

(c)

Uses permitted as special exceptions. The uses permitted as special exceptions in this district are as follows:

(1)

Home occupations.

(2)

Country clubs and semi-public recreation areas.

(3)

Churches.

(4)

Private or parochial schools having a curriculum and teaching conditions equivalent to public schools.

(5)

Child day care centers.

(6)

Nurseries.

(7)

Multifamily residences.

(8)

Open space, courtyards and town greens incorporated into the development.

(9)

Similar uses best located in a residential environment.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Commercial and industrial uses.

(2)

Individual mobile homes.

(3)

Mobile home parks and subdivisions.

(4)

Trailer parks and related uses.

(e)

District regulations. The district regulations for this district are as follows:

(1)

Minimum lot area: 8,000 square feet.

(2)

Minimum lot width: 70 feet.

(3)

Minimum depth of front yard: 25 feet.

(4)

Minimum depth of rear yard: 25 feet.

(5)

Minimum width of side yard: Eight feet.

(6)

Maximum lot coverage: 30 percent of lot area.

(7)

Maximum height of structures: Two stories or 35 feet.

Exception: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(8)

Minimum floor area for single-family dwelling: 1,000 square feet.

(f)

Other requirements. The following sections may have requirements which apply to this district:

(1)

Section 42-92, Amenity incentives in residential districts.

(2)

Article V, Regulations applicable to all districts, of this chapter.

(Ord. of 2-16-2010, § 404)

(a)

General purpose. This district is designed to provide suitable areas for moderate density residential and related uses. While this district principally is for single-family and two-family dwellings, it is the intention of this chapter to allow small townhouse apartment complexes as a special exception where public services are adequate, provided the overall population density of the district is not increased beyond that permitted by two-family residences. Townhouse apartment complexes are intended primarily to be located in buffer areas between single-family uses and commercial, industrial or institutional uses, at major intersections and related areas and not scattered indiscriminately throughout this district.

(b)

Uses permitted. The uses permitted in this district are single-family and two-family residential dwellings and accessory uses and structures, and permitted and exempted signs as listed in the district.

(c)

Uses permitted as special exceptions. The uses permitted as special exceptions in this district are as follows:

(1)

All uses as permitted as special exceptions in the R-1B and R-1C Districts.

(2)

Bed and breakfasts.

(3)

Townhouse (or rowhouse) apartments with not more than four dwelling units in a building with a total lot area of at least 12,000 square feet, a lot width of not less than 120 feet and side yards and side yards of at least ten feet. Front yards, height, and lot coverage regulations for townhouses shall be as specified in the R-2 District regulations for two-family units. Additionally, development must comply with the design guidelines ordinance.

(4)

And similar uses best located in a residential environment.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Commercial and industrial uses.

(2)

Individual mobile homes.

(3)

Mobile home parks and subdivisions.

(4)

Trailer parks and related uses.

(e)

District regulations. The district regulations for this district are as follows:

(1)

Single-family dwelling.

a.

Minimum lot area: 8,000 square feet.

b.

Minimum lot width: 70 feet.

c.

Minimum depth of front yard: 25 feet.

d.

Minimum depth of rear yard: 25 feet.

e.

Minimum width of side yard: Eight feet.

f.

Maximum lot coverage: 30 percent of lot area.

g.

Maximum height of structure: Two stories or 35 feet.

Exception: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

h.

Minimum floor area: 1,000 square feet.

(2)

Two-family dwelling.

a.

Minimum lot area: 12,000 square feet.

b.

Minimum lot width: 80 feet.

c.

Minimum depth of front yard: 25 feet.

d.

Minimum depth of rear yard: 25 feet.

e.

Minimum width of side yard: Eight feet.

f.

Maximum lot coverage: 30 percent of the lot area.

g.

Maximum height of structure: Two stories or 35 feet.

Exception: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

h.

Minimum floor area: 1,700 square feet.

(f)

Other requirements. The following sections may have requirements which apply to this district:

(1)

Section 42-92, Amenity incentives in residential districts.

(2)

Article V, Regulations applicable to all districts, of this chapter.

(Ord. of 2-16-2010, § 405)

(a)

General purpose. The purpose of this district is to provide areas for the development of moderate to high density residential use in areas with adequate community facilities, public utilities, transportation facilities, and other public services. It is the intent of this chapter that large scale use of this district be limited to the intermediate and central portions of the city. However, the use of this district on a smaller scale is appropriate in suburban areas as a transitional or buffer zone between low density residential districts and commercial districts, industrial districts, major traffic arteries, or other uses that are not compatible with a low density residential environment.

(b)

Uses permitted. The uses permitted in this district are as follows:

(1)

Single-family.

(2)

Two-family.

(3)

Multifamily dwellings.

(4)

Boardinghouses.

(5)

Bed and breakfasts.

(6)

Churches.

(7)

Home occupations.

(8)

Accessory uses and structures.

(9)

Permitted and exempted signs as listed in the district.

(c)

Uses permitted as special exceptions. The uses permitted as special exceptions in this district are as follows:

(1)

All uses as permitted as special exceptions in the R-1B and R-1C Districts.

(2)

Group homes and personal care homes.

(3)

Professional offices and medical clinics and similar uses.

(4)

Manufactured and mobile homes.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Retail commercial uses.

(2)

Industrial uses.

(3)

Manufactured home parks and subdivisions.

(4)

Trailer parks.

(5)

Related uses.

(e)

District regulations. The district regulations for this district are as follows:

(1)

Single-family dwelling.

a.

Minimum lot area: 7,500 square feet.

b.

Minimum lot width: 60 feet.

c.

Minimum depth of front yard: 25 feet.

d.

Minimum depth of rear yard: 25 feet.

e.

Minimum width of side yard: Eight feet.

f.

Maximum lot coverage: 40 percent of the lot area.

g.

Maximum height of structure: Two stories or 35 feet.

Exception: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

h.

Minimum floor area: 850 square feet.

(2)

Two-family dwelling.

a.

Minimum lot area: 10,000 square feet.

b.

Minimum lot width: 70 feet.

c.

Minimum depth of front yard: 25 feet.

d.

Minimum depth of rear yard: 25 feet.

e.

Minimum width of side yard: 7½ feet.

f.

Maximum lot coverage: 40 percent of lot area.

g.

Maximum height of structure: Two stories or 35 feet.

Exception: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

h.

Minimum floor area (per unit): 850 square feet.

(3)

Multifamily dwelling.

a.

Minimum lot area: 12,000 square feet, plus 2,000 square feet per dwelling.

b.

Minimum lot width: 80 feet.

c.

Minimum depth of front yard: 25 feet.

d.

Minimum depth of rear yard: 25 feet.

e.

Minimum width of side yard: Ten feet.

f.

Maximum lot coverage: 40 percent of lot area.

g.

Maximum height of structure: Two stories or 35 feet.

Exception: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

h.

Minimum floor area (per unit): 850 square feet.

i.

Outer court: The width of any outer court shall not be less than two-thirds the height of any opposing wall forming said court. The depth of an outer court shall not be greater than 1½ times the width.

j.

Inner court: The least dimension of an inner court shall not be less than the full height of any wall forming said court, but not less than 40 feet. An open and unobstructed passageway shall be provided at the grade level of each inner court. Such passageway shall have a cross sectional area and suitable headroom to permit the passage of firefighting equipment and shall be continuous from the court to a yard or unobstructed open area between buildings.

(f)

Other requirements. The following sections may have requirements which apply to this district:

(1)

Section 42-92, Amenity incentives in residential districts.

(2)

Article V, Regulations applicable to all districts, of this chapter.

(3)

Design guideline ordinance.

(Ord. of 2-16-2010, § 406)

(a)

General purpose. The purpose of this district is to provide suitable areas for the establishment of manufactured home parks or subdivisions designed for non-transient use and provided with adequate utilities, services, open spaces and amenities normally associated with moderate to high density residential developments.

(b)

Uses permitted. The uses permitted in this district are single-family mobile homes and manufactured homes and accessory uses and structures, including service centers (including laundromat, vending machines, and related uses) designed primarily for residents of the manufactured home development, and permitted and exempted signs and listed for the district.

(c)

Uses permitted as special exceptions. The uses permitted as special exceptions in this district are as follows:

(1)

Conventional single-family dwellings.

(2)

Home occupations.

(3)

Child day care centers.

(4)

Nurseries.

(5)

Similar uses.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Commercial and industrial uses.

(2)

Travel trailer and related uses.

(e)

District regulations. The district regulations for this district are as follows:

(1)

Minimum size of park or subdivision: Two acres.

(2)

Minimum manufactured home lot area: 3,000 square feet.

(3)

Minimum lot width: 32 feet.

(4)

Maximum development density: Ten mobile home spaces per gross acre of development area.

(5)

Minimum width of side yard: Ten feet.

(6)

Minimum depth of front and rear yards: 15 feet.

(7)

Minimum setbacks: All mobile homes shall be located at least 25 feet from any park or subdivision boundary line abutting on a public street and at least 15 feet from any other park or subdivision boundary line, including the boundary line of private streets. There shall be a minimum distance of 20 feet between individual manufactured homes and between manufactured homes and common parking areas or other buildings.

(8)

Maximum height of structures: Two stories or 35 feet.

(f)

Standards for development of manufactured home parks.

(1)

Article V of this chapter may have requirements which apply to this district.

(2)

All manufactured home parks shall conform with the following standards for development:

a.

A road with pavement at least 20 feet wide shall provide direct access to a public street and to each manufactured or mobile home lot. The area occupied by the road shall not fulfill any of the area requirements for any lot. All roads shall be designed to enable mobile homes entering the park to reverse directions without having to back more than one manufactured home length.

b.

Two paved automobile parking spaces shall be provided on every manufactured or mobile home lot. The parking spaces will measure ten feet wide by 20 feet deep, and will be adjacent to the manufactured or mobile home.

c.

All manufactured or mobile home parks shall conform with the state board of health regulations which prescribes standards for water supply, sewage disposal and other facilities. Each manufactured or mobile home park shall be adequately drained so that no manufactured home or mobile home lot shall be subject to the collection of stormwater.

d.

All streets, roadways and driveways within the park shall meet the minimum construction standards recommended by the city engineer.

e.

All streets, roadways and driveways within the park shall be adequately lighted at night.

f.

No manufactured home district shall contain less than two acres.

g.

A manufactured or mobile home stand or pad is required for each manufactured or mobile home lot. Each pad shall be well drained, uniformly graded and compacted as approved by the city engineer.

(Ord. of 2-16-2010, § 407)

(a)

General purpose. The purpose of providing amenity incentives for the residential zone districts is to encourage the provision of specified amenities in connection with developments in exchange for development bonuses such as higher permitted densities. The amenities can include the provision of recreational facilities, preservation of natural features such as lakes, woods, wetlands, natural drainage features, floodplains and common open space. An applicant for site plan review or for a building permit who provides an amenity in a development in a specified district in accordance with the provisions set forth in this article shall be entitled to an amenity incentive as provided for in this section.

(b)

Applicable. This section applies to sections 42-86, 42-87, 42-88, 42-89 and 42-90 only.

(c)

Preliminary site plan required. The administrative official shall have the authority to review site plans required by this section to determine whether an amenity complies with the provision of this section, and if it does so comply, to grant the amenity incentive to which the applicant is entitled to under the provision of this section.

(d)

Procedures. An application for an amenity incentive shall be accompanied by a preliminary site plan and narrative presenting the following information:

(1)

A written statement describing the amenity and location of the development for which the incentive is requested.

(2)

Information including distances, dimensions, floor area, and any other information deemed applicable in order to determine whether an amenity qualifies for an amenity incentive, and the amount of such amenity incentive.

(3)

The type and amount of the amenity incentive the applicant is requesting along with the applicant's computation of such amount.

(4)

A site plan drawn to scale incorporating the amenity incentive requested and illustrating the location and type of amenity to be provided.

a.

The administrative official, in connection with his review of the site plan, shall determine whether an amenity to be provided complies with the provisions of this section, and if so, shall approve the amenity incentive provided for in this section. If the amenity to be provided for which the amenity incentive is requested does not comply with the provisions of this section, the amenity incentive shall be disapproved.

b.

The applicant may appeal the decision of the administrative official with respect to the applicant's eligibility for an amenity incentive and the amount to the governing authority.

(e)

Amenity incentives allowed. The provisions of the following amenities in the residential zone districts will qualify a residential development for the following increases in density, provided that the total density increase does not exceed 25 percent of the maximum density permitted in the district where the property is located:

(Ord. of 2-16-2010, § 408)

(a)

General purpose. The purpose of this district is to provide moderate density areas for the development on relatively small lots and parcels of retail trade, personal services and business service type commercial uses designed principally to serve the day-to-day needs of residents of nearby residential neighborhoods. Due to the haphazard pattern of development within these areas, particularly the lack of coordination and integration of circulation and parking between uses and structures in different ownerships, it is the intent of this chapter that the C-1 District be used primarily to regulate the expansion of existing commercial areas. New neighborhood commercial areas should be developed as planned unit developments, in accordance with the provisions of this chapter.

(b)

Uses permitted. The uses permitted in this district are first floor commercial establishments, such as:

(1)

Apparel shops.

(2)

Appliance and/or computer stores.

(3)

Art or photo studios.

(4)

Barber or beauty shops.

(5)

Day care centers.

(6)

Doctor or dentist offices.

(7)

Drug stores.

(8)

Dry cleaning and laundry pickup stations.

(9)

Flower or plant stores.

(10)

Galleries, display.

(11)

Grocery stores.

(12)

Hardware stores.

(13)

Health clubs/gymnasiums, health spas, weight loss control centers and reducing salons.

(14)

Indoor recreation centers, arcades with video, pinball machines, but excluding bowling alleys and skating rinks.

(15)

Inn, less than 12 rooms.

(16)

Music or dancing academies.

(17)

Nursery schools.

(18)

Office buildings.

(19)

Offices, such as legal, finance, insurance and real estate.

(20)

Package liquor stores.

(21)

Post offices or postal facilities.

(22)

Public service facilities (i.e., library, public parks and playgrounds).

(23)

Print shops.

(24)

Repair and service shops for repair and servicing of appliances, bicycles, electrical, shoes, keys, computers and similar articles.

(25)

Restaurants and carryout restaurants.

(26)

Retail shops, other.

(27)

Tanning beds (allowed in beauty shops, barbershops or health spas).

(28)

Apartment buildings.

(29)

Rowhouses.

(30)

Duplexes.

(31)

Side yard houses.

(32)

Accessory units.

(33)

Upper story residential as meets all building code standards.

(c)

Uses permitted as special exceptions. The uses permitted as special exceptions in this district are as follows:

(1)

Night clubs, bars and other areas serving beer, mixed drinks and/or featuring live entertainment.

(2)

Loading docks and service areas and related uses.

(3)

Car washes.

(4)

Churches.

(5)

Clinics.

(6)

Clubs, lodges, country clubs.

(7)

Gas pumps, as an accessory to a convenience or grocery store.

(8)

Group homes and personal care homes.

(9)

Tanning beds as an accessory used to any retail or service business.

(10)

Used car lots and automobile agencies.

(11)

Other similar uses.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Commercial uses requiring outdoor storage.

(2)

Industrial uses.

(3)

Automobile repair shops or garages.

(4)

Warehouses.

(5)

Truck terminals.

(e)

District regulations. The district regulations for this district are as follows:

(1)

Minimum lot size: 5,000 square feet.

(2)

Maximum height: Two stories.

(3)

Setbacks from lot lines:

a.

Front: Minimum six feet, maximum 24 feet.

b.

Side: Minimum 12 feet, maximum 24 feet.

c.

Rear: Five feet minimum or 15 feet from centerline of alley.

(4)

Awnings may encroach on the public sidewalk without limit. Stoops may encroach up to 50 percent of the depth of the setback. Balconies and bay widows may encroach up to 25 percent of the depth of the setback.

(5)

Loading docks and service areas shall be permitted on the frontage line only by variance.

(6)

A first level residential or lodging function shall be raised a minimum of two feet from the average sidewalk grade.

(f)

Other district standards. The following sections and ordinances may have requirements which apply to this district:

(1)

Article V, Regulations applicable to all districts, of this chapter.

a.

The sign guidelines in section 42-138.

b.

The parking requirements in section 42-134.

1.

Vehicular parking shall be computed as outlined in article V of this chapter.

2.

On-street parking available along the frontage lines that correspond to each lot shall be counted toward the parking requirement of the building on the same lot.

3.

Parking shall be accessed by the rear alley or rear lane when such is available.

4.

The required parking may be provided within one-quarter mile of the site that it serves, subject to approval by variance.

5.

Vehicular entrance of a parking lot on a frontage line shall be no wider than 24 feet.

6.

Pedestrian entrances to all parking lots and parking structures shall be directly from a frontage line.

c.

Accessory structures.

d.

Bufferyards.

(2)

Design guideline ordinance.

a.

Requirement for site plan review.

b.

Requirements for design standards.

(Ord. of 2-16-2010, § 409)

(a)

General purpose. The purpose of this district is to provide for the expansion, preservation and perpetuation of the high density central business district commercial complex with lower height scale.

(b)

Uses permitted. The uses permitted in this district are as follows:

(1)

All retail commercial uses, personal service and business service and miscellaneous commercial uses permitted in the C-1 District, with the exception of apartment complexes.

(2)

Hotels and motels.

(3)

Theaters and places of amusement.

(4)

Upper story residential.

(5)

Conference centers.

(6)

Museums.

(7)

Bakeries.

(c)

Uses permitted by special exception. The uses permitted as special exceptions in this district are as follows:

(1)

Warehouses with adequate off-street loading and no outdoor storage.

(2)

Automobile agencies, dealerships and used car lots.

(3)

Apartment complexes.

(4)

Group homes and personal care homes.

(5)

Passenger terminal.

(6)

Parking garages.

(7)

Outdoor advertising.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Commercial uses requiring outdoor storage.

(2)

Industrial uses.

(3)

Animal clinics, kennels or hospitals.

(4)

Junkyards.

(5)

Mobile homes or mobile home sales.

(6)

Travel trailers and related uses.

(7)

New and use car lots.

(e)

District requirements. The district requirements for this district are as follows:

(1)

Minimum lot area: 5,000 feet.

(2)

Minimum lot width: 50 feet.

(3)

Depth of front yard:

a.

Minimum: Six feet.

b.

Maximum: 12 feet.

(4)

Minimum depth of rear yard: five feet.

(5)

Width of side yard:

a.

Minimum: 12 feet.

b.

Maximum: 24 feet.

(6)

Height of structures:

a.

Minimum: Two stories.

b.

Maximum: Four stories.

(7)

The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(8)

Maximum lot coverage: 80 percent.

(9)

Awnings may encroach on the public sidewalk with limits. Stoops may encroach 100 percent of the depth of a setback. Open porches and awnings may encroach up to 50 percent of the depth of the setback. Balconies and bay windows may encroach up to 25 percent of the depth of the setback.

(f)

Other district standards. The following sections and ordinances may have requirements which apply to this district:

(1)

Article V, Regulations applicable to all districts, of this chapter.

a.

Sign guidelines (section 42-138).

1.

One address number no more than six inches measured vertically shall be attached to the building in proximity to the principal entrance or at a mailbox.

2.

There shall be blade signs, not to exceed six square feet for each separate business entrance, and they may be attached perpendicular to the façade. A single external sign band may be applied to the façade of each building, providing that such sign not exceed three feet in height by any length.

3.

Signage shall be externally lit, except that signage within the shop front glazing may be neon lit.

b.

Parking requirements (section 42-134).

1.

Refer to article V of this chapter for calculations.

2.

On-street parking available along the frontage lines that correspond to each lot shall be counted toward the parking requirement of the building on the same lot.

3.

Parking shall be accessed by a rear alley or lane when such is available.

4.

Parking lots shall be masked from the frontage line by a liner building or street screen.

5.

Required parking may be provided within one-quarter mile of the site that it serves subject to approval by variance.

6.

Pedestrian entrances to all parking lots and parking structures shall be directly from a frontage line.

c.

Accessory structures.

d.

Bufferyards.

(2)

Design guideline ordinance.

a.

Requirement for site plan review.

b.

Requirements for design standards.

(Ord. of 2-16-2010, § 410)

(a)

General purpose. It is the purpose of this district to provide moderate density areas for the development on relatively small lots and parcels of retail trade, personal services, and business service type commercial uses designed principally to serve the day to day needs of residents of nearby residential neighborhoods. Due to the haphazard pattern of development in these areas, particularly the lack of coordination and integration of circulation and parking between uses and structures in different ownerships, it is the intent of this ordinance that the C-2A District be used primarily to regulate expansion of existing commercial areas.

(b)

Uses permitted. The uses permitted in this district are as follows:

(1)

Retail commercial establishments, such as grocery stores.

(2)

Restaurants, cafes, and cafeterias.

(3)

Drug stores and pharmacies.

(4)

Hardware stores.

(5)

Apparel shops.

(6)

Florist shops.

(7)

Appliance stores.

(8)

Personal service establishments, such as health clubs, barber and beauty shops, shoe repair and related uses.

(9)

Business services, such as finance.

(10)

Insurance services.

(11)

Real estate offices.

(12)

Banks.

(13)

Post offices and related uses.

(14)

Miscellaneous commercial uses, such as theaters.

(15)

Dry cleaning.

(16)

Laundry pickup stations.

(17)

Offices.

(18)

Related uses.

(c)

Uses permitted as special exceptions. The uses permitted as special exceptions in this district are as follows:

(1)

Night clubs, bars, and other areas serving beer, mixed drinks and/or featuring live entertainment.

(2)

Automobile agencies and used car lots.

(3)

Group homes and personal care homes.

(4)

Second story residential uses.

(5)

Related uses.

(6)

Use and new automobile sales.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Commercial uses requiring outdoor storage.

(2)

Industrial uses.

(3)

Automobile repair shops or garages.

(4)

Warehouses.

(5)

Truck terminals.

(6)

Pawn shops.

(7)

Package liquor stores.

(8)

Convenience stores.

(9)

Adult entertainment or sexually oriented businesses.

(e)

District regulations. The district regulations for this district are as follows:

(1)

Minimum lot area: 5,000 square feet.

(2)

Minimum lot width: 50 feet.

(3)

Minimum depth of front yard: 40 feet.

(4)

Minimum depth of rear yard: 15 feet.

(5)

Minimum width of side yard: Five feet.

(6)

Maximum height of structures: Two stories or 35 feet.

(f)

Other district standards. The following sections and ordinances may have requirements which apply to this district.

(1)

Article V, Regulations applicable to all districts, of this chapter.

a.

Sign guidelines. Refer to article V of this chapter for regulations.

b.

Parking requirements. Refer to article V of this chapter for calculations.

c.

Accessory structures.

d.

Bufferyards.

(2)

Design guideline ordinance.

a.

Requirement for site plan review.

b.

Requirements for design standards.

(Ord. of 2-16-2010, § 411)

(a)

General purpose. The purpose of this district is to provide for retail and service outlets serving not only nearby residential areas, but distant areas as well and especially the needs of through highway traffic. The districts are primarily located along heavily traveled state and federal highways.

(b)

Uses permitted. The uses permitted in this district are as follows:

(1)

Any use permitted in the C-2A District.

(2)

Warehouse and wholesale outlets.

(3)

Motor vehicle sales, service and repair and any minor storage of equipment or materials or damaged vehicles where storage is secondary and incidental to the primary use as seals, services or repairs is permitted, but shall not exceed five salvage motor vehicles on the property at one time and shall be completely concealed from the surrounding properties. Minor services and repairs shall include, but not be limited to:

a.

Auto renting.

b.

Drive-through oil and lubrication services.

c.

Muffler shops.

d.

Glass/windshield repair.

e.

Sound and security system installation.

f.

Tire sales, alignment and installation.

g.

New auto part sales and new auto accessory sales.

h.

Car wash and detailing shops.

i.

Other related sales, minor services and repairs.

(4)

Mobile home sales, service, repair and storage facilities, including camping trailers, tents, and touring vans, but not including mobile homes and not allowing storage of damaged mobile homes.

(5)

Convenience store.

(6)

Drive-in restaurants and refreshment stands.

(7)

Flea markets, indoor.

(8)

Greenhouses or nurseries.

(9)

Hotels, motels or motor lodges.

(10)

Lawn, tree or garden services.

(11)

Lumberyards.

(12)

Mortuaries or funeral homes.

(13)

Parking, automobile parking lot or garage.

(14)

Photo finishing.

(15)

Plumbing shops.

(16)

Print shops.

(17)

Processing and manufacturing incidental to a retail establishment, but which creates no noticeable obnoxious effects to surrounding property owners or tenants.

(18)

Public service facility.

(19)

Public garage.

(20)

Radio or TV studio.

(21)

Radio and television towers, antennas, or earth stations not exceeding 35 feet in height.

(22)

Recreation center, arcade with video, pinball games.

(23)

Retail service truck route center.

(24)

Schools, public and private.

(25)

Tanning salons.

(26)

Telephone service or switching center.

(27)

Used car, trailer, boat sales, recreational vehicles, camper sales and storage lots.

(c)

Uses permitted as special exceptions. The uses permitted as special exceptions in this district are as follows:

(1)

Amusements, commercial outdoor.

(2)

Auditoriums/conference centers, including sports and entertainment events, community functions, and civic religious and nonprofit events.

(3)

Campgrounds, travel trailer parks.

(4)

Churches.

(5)

Clinics.

(6)

Civic, social, or fraternal organization.

(7)

Contractor's yard or storage, outdoor.

(8)

Drive-in theaters.

(9)

Group homes and personal care homes.

(10)

Health spas, reducing salons, and similar uses.

(11)

Flea markets, outdoor.

(12)

Hospitals.

(13)

Laboratories.

(14)

Lounges, bars, taverns and similar establishments.

(15)

Machine shops.

(16)

Massage therapists in conjunction with a beauty/nail shops, barbershops/hair stylist shops or medical offices.

(17)

Mini-warehouses under the following conditions:

a.

The site must contain a minimum of two acres, but not more than five acres.

b.

The minimum distance between buildings shall be 25 feet.

c.

One parking space for each 50 compartments must be provided.

d.

A maximum six-foot-high fence shall be erected; the composition of which shall be approved by the board of adjustment. A portion of the 50 feet front yard setback requirements for fences may be waived at the discretion of the board of adjustment.

e.

Only one sign meeting the requirements of article V of this chapter is allowed.

f.

Only dead storage will be allowed; no transfer and storage business will be allowed.

g.

No explosives, radioactive, or other hazardous material will be stored on the premises.

h.

Other conditions deemed necessary and appropriate by the board of adjustment to uphold the intent of the comprehensive plan may be attached to any approval, including, but not limited to, lighting, screening, landscaping, architectural design and live-in managers. Along with the special exception application, the applicants must submit to the board of adjustment a development plan showing the proposed buildings in relation to the property, ingress and egress and architectural drawings of the buildings.

(18)

Pawn shop.

(19)

Printing and publishing establishments.

(20)

Radio and television towers or antennas, or earth stations exceeding 35 feet in height.

(21)

Tanning beds as an accessory use to any retail or service business.

(22)

Motor vehicle repair services that operate principally as automotive repair shops, body shops with or without painting booths, full service auto repairs, including major automotive diagnostic and rebuilding services exceeding five vehicles to be stored on the property at one time for periods in excess of five days, provided all vehicles are completely concealed from all surrounding property. Such services shall include, but shall not be limited to:

(23)

Comprehensive auto repair, including:

a.

Engine installation.

b.

Body shops.

c.

Transmission, automotive repairs.

d.

Old, salvaged and rebuilt auto part sales.

e.

Other related major automotive services.

f.

Special exception applicants shall submit to the board of adjustment a development plan, including, but not limited to, fencing of solid board and of uniform construction and color.

(24)

Temporary use of prefabricated buildings or mobile homes for any permitted or special exception use listed above, other than accessory buildings.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Residential uses other than travel trailer parks or housing for night watchmen or caretakers.

(2)

Mobile homes or mobile home parks or subdivisions.

(3)

Heavy industrial uses.

(4)

Processing or storage of hazardous materials.

(5)

Sawmills.

(6)

Related uses.

(e)

District regulations. The district regulations for this district are as follows:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: 80 feet.

(3)

Minimum depth of front yard: 30 feet.

(4)

Minimum width of side yards: Ten feet.

(5)

Minimum depth of rear yard: 20 feet.

(6)

Maximum lot coverage: 60 percent of lot area.

a.

A maximum of 80 percent of the development site may be covered by impervious surface.

b.

A minimum of 20 percent of the total area of the site, as measured in square footage, shall permanently remain a pervious surface.

(7)

Maximum height: Two stories or 35 feet.

Exception: The height limitations contained in the district regulations do not apply to spires, belfries, cupolas, antennas, water tanks, ventilators, chimneys, or other appurtenances usually required to be placed above the roof level and not intended for human occupancy.

(f)

Other district standards. The following sections and ordinances may have requirements which apply to this district.

(1)

Article V, Regulations applicable to all districts, of this chapter.

a.

Sign guidelines. Refer to article V of this chapter for regulations.

b.

Parking requirements. Refer to article V of this chapter for calculations.

c.

Accessory structures.

d.

Bufferyards.

(2)

Design guideline ordinance.

a.

Requirement for site plan review.

b.

Requirements for design standards.

(Ord. of 2-16-2010, § 412)

(a)

General purpose. The IL (Industrial Light) Districts provide for a mix of light manufacturing, office park, flex space and limited retail and service uses that service the industrial uses with proper screening and buffering, all compatible with adjoining uses. The IL Districts may include small lots. It is the intent of this chapter that these districts be located in areas where it is deemed desirable to locate industry with a minimum degree of noxious characteristics and in areas where street pavements, utilities and other public facilities and service are of capable of supporting industrial demands.

(b)

Uses permitted. The uses permitted in this district are as follows:

(1)

Any heavy commercial use allowed by right or as a special exception in the C-3 District.

(2)

Light industrial uses that are not obnoxious, offensive, or detrimental to neighboring properties by reason of generation or emission of dust, smoke, odors, noise, vibrations, or other nuisances, or dangerous by virtue of fire or explosion.

(3)

Aluminum can processing and recycling center.

(4)

Convenience store.

(5)

Dwelling for night watchmen or caretakers.

(6)

Nursery and greenhouse for growing or propagation of plants, trees, and shrubs.

(7)

Printing and publishing.

(8)

Banks, drive-in or otherwise.

(9)

Hotel, motel or tourist court.

(10)

Commercial center.

(11)

Restaurant, with or without incidental consumption of alcoholic beverages.

(12)

Lumberyard and building materials.

(13)

Outdoor resale business.

(14)

Research and development services (scientific, medical and technology).

(15)

Services to buildings and dwellings (pest control, janitorial, landscaping, carpet/upholstery cleaning, parking and crating).

(16)

Miniature golf establishment.

(17)

Fitness, recreational sports, gym, or athletic club.

(18)

Active open space/athletic fields/golf courses.

(19)

Day care center.

(20)

Public administration.

(21)

Post office.

(22)

Automobile, truck, trailer and recreational vehicles sales and service.

(23)

Multi-storied parking structure with ramps.

(24)

Bus terminal.

(25)

Road, ground passenger and transit transportation.

(26)

Local transit systems.

(27)

Charter bus.

(28)

Taxi and limousine service.

(29)

School and employee bus transportation.

(30)

Postal transportation services.

(31)

Courier and messenger services.

(32)

Highway rest stops and welcome centers.

(33)

Roadside stands.

(34)

Outdoor stage, bandstand or similar use.

(35)

Crop production.

(36)

Forestry and logging.

(37)

Fishing, hunting, and trapping, including game preserves and retreats.

(38)

Support functions for agriculture and forestry.

(39)

Warehouses and storage buildings.

(40)

Ice plants.

(41)

Ice cream plant and creameries.

(42)

Cold storage plants.

(43)

Bottling plants.

(44)

Bulk storage of nonhazardous materials.

(45)

Business signs, roof signs outdoor advertising signs and similar uses.

(c)

Special exceptions. It is the intent of this chapter that the only objectionable characteristics of uses in this district shall be relatively high traffic generation, substantial volumes of truck traffic and outdoor storage of supplies and materials. The performance standards of specific industrial use will determine its suitability for location in this district. It is the further intent of this chapter that other light industrial uses other than those mentioned above be allowed in this district as special exceptions based upon a finding by the mayor and board of aldermen that the performance standards of their specific use comply with the definition of a heavy commercial or light industrial use. The following also qualify as special exceptions:

(1)

Temporary use of prefabricated buildings or mobile homes for any permitted use other than as accessory buildings.

(2)

Transportation terminal, tractor-trailer storage yard, and cargo container storage yard, provided that:

a.

The applicant shall submit a development plan for approval by the board of adjustment.

b.

24 hour, on-site management shall be provided, located in a permanent building.

c.

All areas used for access, maneuvering, standing, parking, and/or display of vehicles, trucks, trailers, heavy equipment and cargo containers shall be paved with a Portland cement or asphaltic concrete surface, maintained for all-weather use, and so drained to prevent the sheet flow of water across sidewalks, public streets, or adjacent properties.

d.

The party conducting the use shall submit a proposed truck route from and to the site, which shall be subject to the approval of the mayor and board of aldermen.

e.

The party conducting the use shall be responsible for any off-site improvements (water, sanitary sewer, drainage, or road improvements), as determined by the city engineer, required to make the subject site usable for the proposed use.

f.

The party conducting the use shall submit a performance guarantee, acceptable to the city, in the amount and for a time period established by the city engineer to guarantee that the city streets are properly maintained to city specifications as long as the proposed use is operated from the subject site.

g.

The subject site shall not be visible from any adjacent public street or residential area. Where the subject site is visible from the adjacent public street or residential area, an earthen berm sufficient in height to totally screen the sight and any vehicles or containers stored thereon shall be provided, a minimum of 20 feet in height. The berm shall be stabilized and landscaped. A landscape plan shall be submitted to the board of adjustment for review and approval.

(3)

Vehicle impound lots, wrecker/towing service, vehicle recovery and any major storage of equipment or damaged vehicles principally inoperable and stored for a limited period, provided that all vehicles are completely concealed from all surrounding property. Special exception applicants shall submit to the board of adjustment a development plan which meets the following requirements, including, but not limited to:

a.

Fencing of solid wall and complete privacy, a minimum of six feet in height, of uniform construction and color.

b.

All driveways, parking, loading, vehicle circulation areas and vehicle storage areas shall be paved of asphalt, surrounded with a minimum of 6/18 concrete curbing.

(4)

Telecommunication towers and related facilities exceed the general height limits allowed in the IL District.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Residential uses other than travel trailer parks or housing for night watchmen or caretakers.

(2)

Mobile homes or mobile home parks or subdivisions.

(3)

Heavy industrial uses.

(e)

District requirements. The district requirements for this district are as follows:

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot width: 80 feet.

(3)

Minimum depth of front yard: 30 feet.

(4)

Minimum width of side yards: Ten feet.

(5)

Maximum lot coverage: 60 percent.

(6)

Maximum height: Maximum height is approved by the city fire chief.

(f)

Other district standards. The following sections and ordinances may have requirements which apply to this district:

(1)

Article V, Regulations applicable to all districts, of this chapter.

a.

Sign guidelines. Refer to article V of this chapter for regulations.

b.

Parking requirements. Refer to article V of this chapter for calculations.

c.

Accessory structures.

d.

Bufferyards.

(2)

Design guideline ordinance.

a.

Requirement for site plan review.

b.

Requirements for design standards.

(Ord. of 2-16-2010, § 413)

(a)

General purpose. IH (Industrial Heavy) Districts accommodate areas of heavy concentrated fabrication, manufacturing, and industrial uses that are suitable based upon adjacent land uses, access to transportation, and the availability of public services and facilities. It is the intent of this district to provide an environment for industries that is unencumbered by nearby residential or commercial development.

(b)

Uses permitted. The uses permitted in this district are as follows:

(1)

Any commercial or industrial use permitted by right or as a special exception in the IL (Industrial Light) District.

(2)

Gasoline station.

(3)

Bus, truck or mobile home or large vehicle dealer.

(4)

Car and truck washes.

(5)

Car, trucks, trailers, recreational vehicles, etc., leasing.

(6)

Assembly and construction type plants.

(7)

Process plants (metal, chemicals, etc.).

(8)

Construction related business.

(9)

Demolition business.

(10)

Recycling business.

(11)

Mini-warehouse storage facility.

(12)

Warehouses, including refrigerated or cold storage and large area distribution or transit warehouse.

(13)

Wholesale trade, durable and nondurable goods.

(14)

Correctional or rehabilitation facility.

(15)

Half-way houses.

(16)

Cremation facilities.

(17)

Airport and related uses.

(18)

Solid waste landfill facility.

(19)

Water tank (elevated, at grade, underground).

(20)

Water treatment and purification facility.

(21)

Solid waste landfill facility.

(22)

Solid waste collection.

(23)

Septic tank and related services.

(24)

Sewer treatment plant.

(25)

Animal production, including slaughter.

(26)

Stables and other equine-related facilities.

(27)

Kennels and other canine-related facilities.

(28)

Mineral extraction.

(c)

Uses permitted as special exceptions. It is the intent of this chapter that heavy industrial uses that are potentially dangerous or hazardous to neighboring uses by virtue of fire, explosion or other dangers be permitted in this district as special exceptions based upon a finding by the mayor and board of aldermen that adequate special provisions have been taken both by the city and the industrial use to protect the public health, safety and welfare. The following are considered special exceptions:

(1)

Telecommunication towers and related facilities exceeding the general height limits allowed in IH Districts.

(2)

Manufacturing, processing or bulk storage of explosives, acids or toxic gases.

(3)

Refining, processing or bulk storage of petroleum products.

(4)

Similar uses.

(d)

Uses prohibited. The prohibited uses in this district are as follows:

(1)

Residential uses other than quarters for night watchmen, caretakers or security personnel.

(2)

Mobile homes and mobile home parks or subdivisions.

(e)

District regulations. The district regulations for this district are as follows:

(1)

Minimum lot area: One acre.

(2)

Minimum lot width: 150 feet.

(3)

Minimum depth of front yard: 60 feet.

(4)

Minimum wide of side yard: 25 feet.

(5)

Minimum depth of rear yard: 50 feet.

(6)

Maximum lot coverage: 60 percent.

(7)

Maximum height: Maximum height approved by the city fire chief.

(f)

Other district standards. The following sections and ordinances may have requirements which apply to this district:

(1)

Article V, Regulations applicable to all districts, of this chapter.

a.

Sign guidelines. Refer to article V of this chapter for regulations.

b.

Parking requirements. Refer to article V of this chapter for calculations.

c.

Accessory structures.

d.

Bufferyards.

(2)

Design guideline ordinance.

a.

Requirement for site plan review.

b.

Requirements for design standards.

(Ord. of 2-16-2010, § 414)

(a)

General purpose. Planned unit developments are established to:

(1)

Provide flexibility in the planning and construction of development projects by allowing a combination of uses developed in accordance with an approved plan that protects adjacent properties.

(2)

Provide an environment within the layout of a site that contributes to a sense of community and a coherent living style.

(3)

Encourage the preservation and enhancement of natural amenities and cultural resources; to protect the natural features of a site that relate to its topography, shape and size; and to provide for a minimum amount of open space.

(4)

Provide for a more efficient arrangement of land uses, buildings, circulation systems, and infrastructure.

(5)

Encourage infill projects and development of sites made difficult for conventionally designed development because of shape, size, abutting development, poor accessibility or topography.

(b)

Evaluation criteria. In order to foster the attractiveness of a planned unit development district and its surrounding neighborhoods, preserve property values, provide an efficient road and utility network, ensure the movement of traffic, implement comprehensive planning and better serve the public health, safety and general welfare the following criteria apply to the master site plans.

(1)

Insofar as practicable, the landscape shall be preserved in its natural state by minimizing tree and soil removal.

(2)

Proposed buildings shall be sited harmoniously to the terrain and to other buildings in the vicinity that have a visual relationship to the proposed buildings.

(3)

With respect to vehicular and pedestrian circulation and parking, special attention shall be given to the location and number of access points to public streets, width of interior drives and access points, general interior circulation, separation of pedestrian and vehicular traffic, and the arrangement of parking areas that are safe and convenient and, insofar as practicable, do not detract from the design of proposed structures and neighboring properties.

(4)

Private streets and gates may be approved as part of the application, but are not required.

(5)

A planned unit development shall be approved only after submission of the detailed master site plans and improvement drawings and specifications by the property owner and/or developer, review of these data of by the board of adjustment and approval by the mayor and board of aldermen.

(c)

Minimum size. There is no minimum size for a planned unit development district.

(d)

Permitted uses and density.

(1)

Uses. A planned unit development may include the following and those designated in the approved master site plan:

a.

Residential, commercial and industrial uses.

b.

Cluster housing.

c.

Common areas.

d.

Unusual arrangements of buildings on site.

e.

Other combinations of buildings and uses that depart from standard development.

(2)

Density table. The master site plan shall divide the planned unit development district into land-use categories and shall indicate the uses permitted in each category.

(3)

Attached dwelling units. Attached dwelling units may be included in all planned unit development districts, except for land-use categories designated R-1A (Single-family Residential Large Lot).

(4)

Lots. There is no minimum area requirement for lots, and lots do not need to front onto a street. Lot boundaries may coincide with structure boundaries, except where perimeter lot setbacks are required.

(5)

Height and yard requirements.

a.

Height limitation. The maximum height of structures shall be as designated for each land-use category or category of uses.

b.

Required setbacks. Setbacks shall be governed by the planned unit development district plan. Lots located on the perimeter of a planned unit development district shall adhere to the minimum and maximum setback requirements of the base zoning district, unless a lesser setback is approved in the master site plan. There are no setbacks for interior lots, provided that the requirements of the uniform building codes are met. If access to a garage or carport is provided from the front or side of a lot, then the garage/carport shall maintain a 20 feet setback from the back of the sidewalk, or curb if there is no sidewalk, as measured along the centerline of the driveway.

(6)

Infrastructure requirements.

a.

Streets and sidewalks. Sidewalks and streets within the planned unit development may be public or private. However, the board of adjustment may require dedication and construction of public streets through or into the planned unit development. Public or private streets shall conform to the city's transportation standards.

b.

Utilities. All utility systems shall comply with the utility standards of the city. Water and sanitary sewer systems with the planned unit development may be publicly or privately owned. However, the maintenance of private systems shall be the responsibility of the proposed development's community association. Public utility systems shall be approved by the city.

c.

Easements. Publicly owned and/or maintained utilities shall be placed on public streets or easements that are a minimum of 16 feet in width, unless a narrower width is approved by the applicable utility. Dead end easements shall not be permitted, unless a city approved vehicular turnaround is provided at the end of each such easement.

d.

Garbage collection. If, in the opinion of the city, private streets in a planned unit development are arranged so that garbage may be collected without creating a safety hazard, the city will provide garbage pickup, provided that proper indemnification is received from the community association or individual property owners. Garbage collection locations shall be subject to the approval of the public works director of the city. In the event the city does not collect garbage within a planned unit development, all units within the planned unit development may be exempted from payment of garbage fees upon furnishing evidence, ensuring acceptable removal of all garbage and refuse by private means. To receive such exemption, written application must be submitted to and approved by the municipal clerk of the city.

e.

Parks/open spaces. Each master site plan shall provide for a minimum amount of parks/open spaces as follows:

1.

Parks/open space percentages. The minimum open space percentage requirements are indicated in the above table. They are calculated by dividing the total open space within the planned unit development by the gross site area. The land-use category shall be determined by the base zoning district. For planned unit developments that include both residential and nonresidential uses the required open space shall be calculated by multiplying the open space percentage by the area of each use and add the products thus obtained.

2.

Reduction of parks/open space. At its discretion, the board of adjustment may approve a decrease in the amount of required parks/open space when the master site plan includes unique design features or amenities that achieve an especially attractive and desirable development, such as, but not limited to, terraces, sculptures, water features, preservation and enhancement of unusual natural features, or landscape sculpture (i.e., areas that are intensely landscaped).

f.

Parking requirements. Off-street parking and truck loading facilities shall be provided in accordance with the parking standards in article V of this chapter. Parking shall be prohibited on any private street less than 28 feet in width; if utilized on streets 28 feet or wider, the parking must be clearly distinguishable from the movement lanes.

g.

Common areas and facilities. Adequate provision shall be made for a community association or other legal entity with the direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common areas and facilities, including private streets and sidewalks, which are a part of the planned unit development. The applicant shall submit a legal instrument establish a plan for the use and permanent maintenance of the common areas/facilities and demonstrating that the community association is self-perpetuating and adequately funded to accomplish its purposes, and provide the city with written permission for access at any time without liability when on official business, and further, to permit the city to remove obstructions if necessary for emergency vehicle access and assess the cost of removal to the owner of the obstruction. The instrument must be approved by the city as to legal form prior to any plat recordation and shall be recorded at the same time as the plat.

(7)

Expiration. An amendment to the official zoning map allowing a planned unit development and any building permit or other permits, exceptions, modifications, or variances issued for construction of said development shall expire at the end of one year if substantial construction of the project has not been initiated. In this event, zoning of the property shall revert back to the classification in effect at the time of the amendment.

(8)

Master site plan approval. Rezoning of the property for a planned unit development district shall not be approved by the mayor and board of aldermen, unless and until all provisions of this section have been fulfilled. The board of adjustment has the authority to recommend and the mayor and board of aldermen have the authority to require reasonable charges in the planned unit development as a prerequisite to approval. The master site plan shall incorporate any conditions imposed with the grant of the PUD zoning.

(9)

Site plan required. A planned unit development district shall be approved only after submission of detailed site plan and improvement drawings and specifications by the property owner and/or developer, review the data by the board of adjustment and approval by the mayor and board of aldermen. An amendment to the zoning map to rezone a parcel of property for a planned unit development district shall authorize only the specific development and uses set forth in the detailed site plan and improvement drawings approved by the mayor and board of aldermen.

(10)

Procedures. The procedures for securing approval of a planned unit development district shall include the requirements of article IX (Amendments of this chapter), article II (Plat approval procedures) of chapter 32, pertaining to subdivisions, and applicable elements of design guidelines ordinance, and the following requirements:

a.

Preliminary plat approval. The preliminary plat of the development, as required by article II of chapter 32, pertaining to subdivisions, shall include a preliminary site plan of the project area depicting all buildings, structures, and landscaping to be constructed in the district. The materials of construction (outline specifications) and the proposed use of buildings and structures shall be noted on the site plan or in supplementary data submitted with the preliminary plat. If the project is to be developed in stages over a period of several years, the buildings, structures, and landscaping to be constructed in the first and subsequent stages shall be clearly depicted by the site plan and preliminary plat. The preliminary plat submittal shall include any existing or proposed deed restrictions on the land and an outline of any exceptions, modifications, or variances to existing regulations of the city required by the developer and the reasons thereof.

b.

Final plat approval. The final plat of the development, as required by article II of chapter 32, pertaining to subdivisions, shall include a final site plan of the project area depicting the location and dimensions of all buildings, structures, and landscaping to be constructed in the district. The final plat submittal shall be accompanied by complete plans and specifications for all construction.

c.

Other data required. The board of adjustment and/or mayor and board of aldermen may require the developer to submit other data necessary for evaluating the effects of the proposed development on the city as a whole or areas adjacent to the district. These data may include, but are not necessarily limited to, the following, all of which must be prepared by competent professionals:

1.

Estimates of traffic generation, turning movements and related information.

2.

Fire protection requirements, including fire flows, residual pressures and related information.

3.

Estimates of domestic water consumption and sewage generation, including peak flows.

4.

Estimated industrial waste characteristics and strengths.

5.

Estimates of environmental hazards or nuisances (such as noise, glare, dust, smoke, odors) to be generated by the project.

(Ord. of 2-16-2010, § 415)

(a)

General purpose.

(1)

These are districts in which additional requirements are imposed on certain properties within one or more underlying general or special uses district. Some overlay zoning districts do not change the use and dimensional regulations of the general districts but instead impose additional requirements. Others change just one or more general district requirements, either by not allowing some uses that are otherwise permitted or by allowing additional density or uses if certain standards are complied with. The city has two such overlay zones:

a.

Airport overly.

b.

Waterfront overlay.

(2)

In accordance with the city's comprehensive plan, other overlay zones may be added, including, but not limited to historic preservation, neighborhood protection and gateway overlay zones in accordance with amendment procedures required by this chapter.

(b)

Applicable to all overlay zones.

(1)

The overlay zoning district addresses special siting, use and compatibility issues that require use and development regulations in addition to those found in the underlying zoning district.

(2)

If any regulation in an overlay zoning district requires lower densities, greater setbacks, or otherwise imposes greater standards than those required by the base zoning district, the more restrictive standard applies.

(3)

The zoning designation of property located within an overlay zoning district shall consist of the regular zone acronym and the overlay zoning district symbol as a suffix. (Example: IH (Industrial Heavy) within the AO (Airport Overlay) would be designated as IH (AO).)

(4)

The applicant for a zoning development approval in an overlay zone shall include and submit adequate information and detail necessary to ensure that the limitations of the subject zone will not be exceeded.

(Ord. of 2-16-2010, § 416)

(a)

General purpose. The intention of this section is to regulate and restrict the height of structures and objects of natural growth and otherwise regulate the use of property in the vicinity of the proposed Trent Lott International Airport by creating certain airport zones within the zoned districts. This section implements the following plan policies:

(1)

Land use adjacent to the airport should be reserved for commercial and industrial development related to air transportation or those businesses needing easy access to airport facilities;

(2)

Airport related uses will be encouraged in the areas near the airport; and

(3)

Residential land uses will be discouraged in the areas where noise exceeds recommended land use standards.

(b)

Airport zones established and defined.

(1)

There is created within the city certain zones that include all of the land lying within instrument approach zones, non-instrument approach zones, transition zones, horizontal zones and conical zones, as defined. Such areas and zones are shown on a map entitled zoning overlay map, and is adopted and made a part of this section by reference. This map shall be filed and kept as part of the official zoning map of the city.

_____

(2)

Definitions:

(c)

Height limitations. Except as otherwise provided in this section, no structure or tree shall be erected, altered or allowed to grow or be maintained in any zone created by this article to a height in excess of the height limit established for that zone. Such height limitations are established for each of the zones in the foregoing table. Where an area is covered by more than one height limitation, the more restrictive limitation shall apply.

(d)

Use restrictions. No use may be made of land within any zone established by subsection (2) of this section in such as manner as to:

(1)

Create electrical interference with radio communication between the airport and aircraft;

(2)

Make it difficult for flyers to distinguish between airport lights and other lights;

(3)

Result in glare in the eyes of flyers using the airport;

(4)

Impair visibility in the vicinity of the airport; or

(5)

Otherwise endanger the land, taking off, or maneuvering of an aircraft.

(e)

Regulations to be considered in review of zoning development approval of applications. This section in its entirety shall be considered by the zoning administrator when reviewing applications for zoning development approvals. The applicant for a zoning development approval shall include and submit adequate information and detail necessary to ensure that the limitations of this article shall not be exceeded. Such information shall include, at a minimum, a completed Federal Aviation Administration (FAA) Form 7460-1, along with the comments submitted on the completed Form 7460-1 by the FAA.

(f)

Conditions on variances. Except as provided in the succeeding section application of regulations to preexisting structures and uses of this article, any variance authorized to this overlay zone shall be so conditioned as to require the owner of structure or tree in question, at his own expense, to install, operate and maintain such markers and lights as may be deemed necessary by the board of adjustment, acting with the advice and recommendation of the FAA or the airport manager.

(g)

Applications to preexisting structures and uses.

(1)

Except as provided in subsection (g)(2) of this section, the regulations prescribed by this section shall not be construed to require the removal, lowering, or other changes or alterations of any structure or tree not conforming to the regulations as of the date of the adoption of the ordinance from which this chapter is derived, or where applicable, as of the effective date of any subsequent amendment to these regulations. Nothing contained in this section shall require any change in the construction, alteration, or intended use of any structure, the construction or alteration of which was begun prior to March 17, 2010, or where applicable prior to the effective date of any subsequent amendment, and is diligently prosecuted.

(2)

The owner of any structure, tree, natural growth, or use that existed prior to March 17, 2010, or where applicable prior to the effective date of any subsequent amendment to this section, and which is inconsistent with or in violation of this section or an amendment, shall be required, as a condition of the continued maintenance of such structure, tree or use to permit the installation, operation and maintenance of such markers and lights as deemed necessary by the FAA of the airport manager, in order to indicate the presences of such object or hazardous use to operators of aircraft in the vicinity of the airport. Such markers and lights shall be installed, operated, and maintained at the expense of the city and not of such owner.

(h)

Exemption of utility structures. Structures of public utilities shall be excluded from the requirements of this article, provided that plans for such structures have been first reviewed and determined by the FAA to have no adverse effect on air navigation as provided in part 77 of the FAA's regulations.

(Ord. of 2-16-2010, § 417)

(a)

General purpose.

(1)

The purpose of the waterfront overlay zone is to establish and maintain certain specific land uses, buildings and structures that derive the greatest benefit from their proximity to water areas and to create a regulatory mechanism which fosters the orderly development of said waterfront areas and enhances and protects both the environmental sensitivity and economic importance of the community's waterfront. The waterfront overlay zone does not change:

a.

The existing zoning district.

b.

Uses permitted.

c.

Uses permitted as special exceptions.

d.

Uses prohibited.

e.

District regulations.

(2)

However, it is intended to serve as an umbrella over and designed to overlay or be superimposed over the other defined zoning districts within the city. The waterfront overlay zone is a special area that requires review and regulation in addition to the regulations in the other zoning districts. There may be other requirements and regulations required by the agency review set out in the subsequent section of this chapter.

(b)

Agency review. The city board of adjustment shall serve as the review commission and shall review the plans for renovations, new construction, development and uses of property within the waterfront overlay zone in excess of $10,000.00. The review and consideration of the board of adjustment shall assure compliance with the general purposes of the district, to include, but not limited to, a review of the use and/or construction using the following criteria:

(1)

To determine whether or not all environmental regulations are followed and to determine the environmental impact by the use, particularly considering the use and effect on the water and waterfront area of the city.

(2)

To determine whether or not the use is in harmony with surrounding property uses and in harmony with the orderly development of the city's waterfront areas.

(3)

To determine whether or not the use derives benefit from the proximity to water.

(4)

To determine the economic importance and impact of the use for the entire city.

(5)

To determine whether or not additional or special requirements and stipulations should be attached to the use to meet the purposes of this section.

(6)

The review commission shall make the review set out above and make recommendations to the mayor and board of aldermen of the city for final approval.

(c)

Waterfront overlay zones established. There is created within the city certain waterfront zones. Such areas and zones are shown on a map entitled zoning overlay map, which is adopted and made a part of this section by reference. This map shall be filed and kept as part of the official zoning map of the city.

(Ord. of 2-16-2010, § 418)