Mounds City Zoning Code

The zoning districts set forth in this section are established as set forth in table 44-27.

Table 44-27

Zoning Districts

(Code 2001, § 17.08.010; Ord. No. 7-1988-1, § 200, 1988; Ord. No. 2004-813, 9-21-2004)

The locations and boundaries of the various districts as defined herein shall be established by ordinance and shall be shown and delineated on the official zoning map of the town. The official zoning map shall be maintained by the town clerk and may be divided into parts, and such parts may be separately employed for identification purposes when adopting or amending the official zoning map or for any reference to the official zoning map.

(Code 2001, § 17.08.030; Ord. No. 7-1988-1, § 202, 1988)

District boundary lines shall be described by legal description or by a map. When a legal description is used, the boundary line shall be deemed to extend to the centerline of abutting streets and shall be so designated on the official zoning map. When a map is used, district boundary lines shall be established by dimensions, property lines, recorded lot lines, or the centerline of abutting street, alley, or railroad right-of-way, as the same were of record at the time of adoption. In all cases where there is doubt as to the exact location of district boundary lines, the same shall be determined by the board of adjustment.

(Code 2001, § 17.08.040; Ord. No. 7-1988-1, § 203, 1988)

The agriculture districts are designed to:

(1)

Protect agricultural land;

(2)

Discourage wasteful scattering of development in rural areas;

(3)

Obtain economy of public fund expenditures for improvements and services.

(Code 2001, § 17.12.010; Ord. No. 7-1988-1, § 300, 1988)

(a) Exceptions and additional restrictions can be found in article III, Use Units, and article IV, Design and Use Regulations.

(b) Off-street parking and loading regulations can be found in article III for each use unit type and in article V of this chapter, Off-street Parking and Loading.

(c) Nonconforming uses are controlled by article IV, Design and Use Regulations, and article VI of this chapter, Nonconforming uses and structures.

The principal uses permitted in the agriculture districts are designated by use units. The use units are groupings of individual uses and are fully described, including their respective off-street parking, loading, screening requirements and other use conditions in this chapter. The use units permitted in the agriculture district are set forth in table 44-50:

Table 44-50

Principal Use Units Permitted in the Agriculture District

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

;le=2;*X = Use by right; E = Special exception.

;le=2;**= Nursing home, community or neighborhood group home, convent, monastery and novitiate are the only uses within Use Unit 8 permitted by special exception.

(Code 2001, § 17.12.020; Ord. No. 7-1988-1, § 310, 1988)

Accessory uses customarily incident to a principal use permitted in an agriculture district are permitted in such district. In addition, the uses set forth in table 44-51 are permitted as accessory uses.

Table 44-51

Accessory Uses Permitted in the Agriculture District

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

(Code 2001, § 17.12.030; Ord. No. 7-1988-1, § 320.1, 1988)

(a)

General conditions.

(1)

An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building.

(2)

Accessory buildings shall meet the minimum yard or building setback requirements.

(b)

Accessory signs.

(1)

One bulletin board may be erected on each street frontage of an educational, religious, institutional, or similar use requiring announcement of its activities. The bulletin board shall not exceed 12 square feet in surface area or 15 feet in height, and illumination, if any, shall be by constant light.

(2)

One identification sign may be erected on each street frontage of a permitted nonresidential use. The sign shall not exceed 32 square feet in surface area or 15 feet in height, and illumination, if any, shall be by constant light.

(3)

A real estate sign advertising the sale, rental, or lease of the premises may be erected on each street frontage of the premises. The sign shall not exceed 80 square feet in surface area or 15 feet in height, and illumination, if any, shall be by constant light.

(c)

Wind energy conversion systems (WECS).

(1)

All WECS tower structures shall comply with the design and construction techniques in the BOCA Basic Building Code. Compliance shall be certified in writing by the manufacturer's engineering staff or by a registered structural engineer.

(2)

Towers shall have either tower-climbing apparatus located not closer than 12 feet from the ground or shall have a locked anti-climb device installed on the tower.

(3)

Safety wires shall be installed on the turnbuckles of the guy wires for all guyed WECS towers.

(4)

A WECS shall be equipped with both manual and automatic controls to limit the rotational speed of the blade below the design limits of the rotor. The conformance of rotor and overspeed control design with good engineering practices shall be certified by the manufacturer's engineering staff or by a registered mechanical engineer. The compatibility of the tower and the rotor shall also be certified by the manufacturer or by a registered mechanical engineer. If the WECS is within 300 feet of a structure or tree, the lowest moving part of the WECS shall be a minimum of 30 feet above the highest structure or potential tree height, whichever is higher.

(5)

No part of a WECS shall be located within or over drainage, utility, or other established easements.

(6)

No part of a WECS shall be located within or over any required minimum front, side, or rear yard setbacks.

(Code 2001, § 17.12.040; Ord. No. 7-1988-1, § 320.2, 1988)

The area and dimension requirements for the agriculture district are set forth in table 44-53:

Table 44-53

Area and Dimension Requirements in the Agriculture District

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

(Code 2001, § 17.12.050; Ord. No. 7-1988-1, § 330, 1988)

The special exception uses permitted in the agriculture district, as designated in table 44-50, are subject to the requirements set out in this section, and such additional safeguards and conditions as may be imposed by the board of adjustment.

(1)

The accessory use provisions of the agriculture district pertaining to signs are applicable to accessory signs for uses permitted by special exception.

(2)

Special exception uses shall conform to the area and dimension requirements of the use district in which located, unless the use unit requirements are more restrictive, in which case the more restrictive shall control.

(3)

A nursing home, community or neighborhood group home, convent, monastery or novitiate shall meet the use conditions as set forth in section 44-207(c)).

(Code 2001, § 17.12.060; Ord. No. 7-1988-1, § 340, 1988)

(a)

General purposes. The residential districts are designed to:

(1)

Achieve the residential objectives of the comprehensive plan;

(2)

Protect the character of residential areas by excluding inharmonious commercial and industrial activities;

(3)

Achieve a suitable environment for families by permitting in residential areas appropriate neighborhood facilities, such as churches, schools, and certain cultural and recreational facilities;

(4)

Preserve openness of the living areas and avoid overcrowding by requiring minimum yards, open spaces, and lot areas and by controlling the size of structures;

(5)

Permit a variety of dwelling types and densities to meet the varying needs of families;

(6)

Control the density of residential development to facilitate the planning for an economical provision of streets, utilities, and other public facilities.

(b)

Purposes of the RS residential single-family districts. The RS-1, RS-2 and RS-3 districts are designed to permit the development and conservation of detached dwellings on individual lots in suitable environments in a variety of densities to meet the varying requirements of families.

(c)

Purposes of the RMH Residential Mobile Home Park District. The RMH district is designed for the development of managed mobile home parks providing internal mobile home spaces on a rental basis and situated upon a contiguous tract of land under one ownership, properly designed to ensure a suitable living environment.

(Code 2001, § 17.16.010; Ord. No. 7-1988-1, § 400, 1988)

(a)

Exceptions and additional restrictions can be found in article III, Use Units, and article IV, Design and Use Regulations.

(b)

Off-street parking and loading regulations can be found in article III for each use unit type and in article V of this chapter, Off-street Parking and Loading.

(c)

Nonconforming uses are controlled by article IV, Design and Use Regulations, and article VI of this chapter, Nonconforming uses and structures.

The principal uses permitted in the residential districts are designated by use unit. The use units are groupings of individual uses and are fully described, including their respective off-street parking, loading, and screening requirements and other use conditions in this chapter. The use units permitted in residential districts are set forth in table 44-83:

Table 44-83

Principal Use Units Permitted in Residential Districts

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

;le=2;*X = Use by right; E=Special exception; D=Doublewide mobile home

;le=2;**Nursing home, community or neighborhood home, convent, monastery and novitiate are the only uses within Use Unit 8 that are permitted by special exception in the RS-1 district

(Code 2001, § 17.16.020; Ord. No. 7-1988-1, § 410, 1988; Ord. No. 2004-813, 9-21-2004)

(a)

Accessory uses permitted. Accessory uses customarily incident to a principal use permitted in a residential district are permitted in such district. In addition, the following uses set forth in table 44-84 are permitted as accessory uses:

Table 44-84

Accessory Uses Permitted in Residential Districts

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

*By special exception requiring board of adjustment approval

(b)

Accessory use conditions.

(1)

General Conditions.

a.

An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building.

b.

A detached accessory building shall not be located in the front or side yard or encroach upon a minimum building setback line, but this limitation shall not apply to carports, provided the minimum required front yard or side yard or setback line is observed.

c.

Within the rear yard, a detached accessory building shall be located at least five feet from any interior lot line.

d.

One unoccupied recreational vehicle, a length of 35 feet or less, may be parked upon a lot as an accessory use.

(2)

Home occupations. An occupation, profession, or trade customarily carried on by occupants of a dwelling unit as a secondary use which is clearly incidental to the principal use of the dwelling unit for residential purposes is allowed as an accessory use in residential districts, subject to the following provisions:

a.

Location. Home occupation shall be conducted only within principal structure.

b.

Area. The maximum floor area utilized for home occupation purposes shall not exceed 25 percent of the total floor area of the principal structure.

c.

Employees. The home occupation shall be engaged in only by the family or person occupying the dwelling as a private residence. No person shall be employed at the home in the home occupation other than a member of the immediate family residing on the premises.

d.

Merchandise. The home occupation shall not involve the retail sale of merchandise manufactured off the premises.

e.

Visibility of merchandise. No merchandise shall be displayed in such a manner as to be visible from off the premises.

f.

Outdoor storage. No outdoor storage shall be allowed in connection with any home occupation.

g.

Maintenance of residential character. No alteration of the residential character of the premises may be made, including the removal of garage doors.

h.

Signs. No signs, display or advertising on premises, visible from outside the lot, shall be permitted.

i.

Disturbances. No mechanical or electrical equipment or other activities shall be allowed which create a noise, dust, odor, or electrical disturbance.

j.

Traffic and parking. No home occupation shall generate more than 15 trips per day to and from the premises, and all parking needs generated shall be accommodated by off-street parking which does not alter the residential character of the premises.

(3)

Roomers and boarders. In a dwelling unit occupied as a private residence, one or more rooms may be rented or table board furnished to not more than:

a.

Two persons who are not members of the family occupying said premises as a permitted accessory use; or

b.

More than two persons by special exception requiring board of adjustment approval.

However, in either case, no window display or sign board shall be used to advertise such use.

(4)

Signs.

a.

One bulletin board may be erected on each street frontage of any educational, religious, institutional, or similar use requiring announcement of its activities. The bulletin board shall not exceed 12 square feet in surface area, nor 15 feet in height, and illumination if any, shall be by constant light.

b.

One identification sign may be erected on each perimeter street frontage of a multifamily development, mobile home park, single-family subdivision or permitted nonresidential use. The sign shall not exceed 32 square feet in surface area, nor 15 feet in height, and illumination, if any, shall be by constant light.

c.

During the period of construction, a temporary sign advertising the construction of improvements on the premises may be erected on each perimeter street frontage of the development. The sign shall not exceed 400 square feet in surface area or 15 feet in height, and illumination, if any, shall be by constant light.

d.

A temporary real estate sign advertising the sale, rental or lease of the premises may be erected on each street frontage of a lot. The sign shall not exceed four square feet in surface area or more than six feet in height and shall not be illuminated in any way.

(5)

Family day care homes. Family day care homes must meet the following requirements:

a.

Must be licensed by the state department of human services.

b.

Must obtain a zoning clearance permit from the building inspector if established after the effective date of the ordinance from which this section is derived.

c.

A maximum of five children, including those pre-school children under five years of age who reside in the residence, may be cared for in the home.

d.

No person shall be employed other than a member of the immediate family residing on the premises or a substitute caretaker as required by the standards for family day care homes adopted by the state department of human services.

e.

No signs advertising the family day care home shall be permitted on the lot.

f.

No exterior alterations of the dwelling or any customary accessory structure shall be made which would detract from the residential character of the structures.

g.

No family day care home may be located on a lot within 300 feet of another lot containing a family day care home if any boundary of said lots abuts the same street. The term "street" as used herein means any named or numbered street along its full length, irrespective of any intervening street.

h.

State licensed family day care homes in existence on the effective date of this amendment, but which would be prohibited by the spacing requirements herein, may continue as otherwise regulated herein.

(Code 2001, § 17.16.030; Ord. No. 7-1988-1, § 420, 1988)

(a)

Area and dimension requirements in the RS and RMH districts are shown in table 44-85(1):

Table 44-85(1)

Area and Dimension Requirements in the RS Districts

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

(b)

Area, dimension and development requirements for mobile home parks in the RMH district.

(1)

Development requirements.

a.

The tract shall comprise a single, contiguous parcel except where the site is divided by public streets or alleys.

b.

Minimum internal street surfacing width is 24 feet (not dedicated).

c.

All mobile home dwellings placed shall be completely skirted with skirting foundation.

d.

All mobile home dwellings placed shall be anchored by an anchoring system.

e.

All mobile home dwellings placed shall be certified and display such certification that they have been constructed and comply with the National Mobile Home Construction and Safety Standards or pass an inspection for compliance with town standards.

f.

One identification sign may be erected on each perimeter street frontage. The sign shall not exceed 32 square feet in surface area or 15 feet in height, and illumination, if any, shall be by constant light.

g.

All mobile home dwellings/modular dwellings placed within the town limits shall not be older than five years from the manufactured date of the said dwelling to the date of application to the zoning board.

(2)

Area and dimension requirements.

a.

Area and dimension requirements for mobile home parks in the RMH district are as set forth in table 44-85(2):

Table 44-85(2)

Area and Dimension Requirements in the RMH District for Mobile Home Parks

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

b.

Common park/recreational open space and facilities (which may include trails, playgrounds, community buildings and tot-lots) shall be delineated and provided in any development established under these regulations equal to at least six percent of the total gross tract area, exclusive of open area on each space.

c.

A six-foot screening fence shall be provided along the perimeter boundaries of the development. Areas used for the collection of trash and garbage shall be screened, both externally and internally, from view. (The planning commission may waive this requirement during the site plan review process if surrounding development makes the screening fence unnecessary.)

(3)

Mobile Home Lot Requirements. Lot requirements for mobile home parks in the RMH district are as set forth in table 44-85(3):

Table 44-85(3)

Lot Requirements in the RMH District for Mobile Home Parks

(Code 2001, § 17.16.040; Ord. No. 430.2, § A7, 2000; Ord. No. 7-1988-1, § 430, 1988)

(a)

Purpose. By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval is required for all approved mobile home park developments and multifamily complexes over eight units for the purposes of assuring proper accessibility, circulation, functional relationships of uses, and compatibility with adjoining and nearby development. No building permit shall be issued nor use commenced on a site approved for these uses except in accordance with a site plan submitted to and approved by town staff.

(b)

Application for site plan review. An application for site plan review shall be filed with the planning commission staff. The application shall be in such format and content as the planning commission may by resolution establish, with three copies of the site plan submitted. A site plan shall consist of maps containing:

(1)

Proposed location of uses, including off-street parking, open spaces, public uses, and placement of mobile homes;

(2)

Location, height, and size of buildings and other structures;

(3)

Proposed location of all existing or proposed site improvements, including drains, culverts, retaining walls and fences;

(4)

Public and private vehicular and pedestrian circulation;

(5)

Proposed location and development of buffer areas, screening and landscaping;

(6)

The location of all residential uses expressed in number of dwelling units;

(7)

A computation of lot area, building floor area, and building coverage;

(8)

Proposed location, height, and size of any ground sign;

(9)

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

(10)

Existing topographic character of the land including identification of floodplain areas, treed areas and slope analysis;

(11)

An explanation of the character of the development.

(Code 2001, § 17.16.050; Ord. No. 7-1988-1, § 440, 1988)

The special exception uses, permitted in the residential districts, as designated in table 44-83, are subject to the minimum requirements set out in this section and such additional safeguards and conditions as may be imposed by the board of adjustment.

(1)

The accessory use provisions of the residential districts pertaining to signs are applicable to accessory signs for principal uses permitted by special exception.

(2)

In the RS districts, children's nurseries shall comply with the lot width, lot area, height, and yard requirements for single-family use and, in addition, a maximum floor area ratio of 0.5 shall apply.

(3)

In the RS districts, multifamily dwellings shall comply with the area and dimension requirements contained in table 44-85.

(4)

Except as provided in subsections (2) and (3) of this section, and section 44-249, special exception uses shall comply with the least restrictive yard and height requirements of the district in which located and, in addition, shall comply with the following requirements:

a.

Maximum floor area ratio of 0.5;

b.

Minimum lot size of 10,000 square feet;

c.

Minimum frontage of 100 feet;

d.

A minimum building setback of 25 feet from abutting properties located within an R district;

provided that if the use unit requirements are greater, the use unit requirements shall control.

(5)

Wind energy conversion systems (WECS) which comply with the requirements of section 44-52(c).

(Code 2001, § 17.16.060; Ord. No. 7-1988-1, § 450, 1988)

(a)

General purposes. The commercial districts are designed to:

(1)

Achieve the commercial objectives of the comprehensive plan;

(2)

Meet the needs for commercial services and goods of the trade area;

(3)

Preserve and promote the development of efficient commercial facilities and encourage a compatible relationship between commercial facilities and other land uses and thoroughfares by:

a.

Differentiating the types and purposes of commercial activities;

b.

Establishing area and dimension controls;

c.

Requiring off-street loading and parking facilities;

d.

Controlling the number, area, location, and types of signs;

e.

Protecting the character of commercial districts and their peculiar suitability for commercial uses.

(b)

Purposes of the CG General Commercial District. The CG district is designed to:

(1)

Accommodate existing development of mixed commercial uses which are well established, while providing a degree of protection to adjacent residential areas;

(2)

Accommodate the grouping of certain commercial and light industrial uses which are compatible with one another.

(c)

Purposes of the CH Commercial High Intensity District. The CH district is designed to accommodate high intensity commercial and related uses.

(Code 2001, § 17.20.010; Ord. No. 7-1988-1, § 500, 1988)

(a)

Exceptions and additional restrictions can be found in article III, Use Units, and article IV, Design and Use Regulations.

(b)

Off-street parking and loading regulations can be found in article III for each use unit type and in article V of this chapter, Off-street Parking and Loading.

(c)

Nonconforming uses are controlled by article IV, Design and Use Regulations, and article VI of this chapter, Nonconforming Uses and Structures.

The principal uses permitted in the commercial districts are designated by use units. The use units are groupings of individual uses and are fully described, including their respective off-street parking, loading, and screening requirements and other use conditions in this chapter. The use units permitted in commercial districts are set forth in table 44-119.

Table 44-119

Principal Use Units Permitted in Commercial Districts

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

*X = Use by right; E = Special exception

(Code 2001, § 17.20.020; Ord. No. 7-1988-1, § 510, 1988)

(a)

Accessory uses permitted. Accessory uses customarily incident to a principal use permitted in a commercial district are permitted in such district.

(b)

Accessory use conditions.

(1)

Accessory buildings shall meet the minimum building setback lines of the applicable district.

(2)

An accessory building erected as an integral part of the principal building shall be made structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building.

(3)

Signs in the commercial districts, whether accessory or principal uses, are subject to the use conditions of the Use Unit 21 of article III of this chapter.

Table 44-120

Accessory Uses Permitted in Commercial Districts

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

(Code 2001, § 17.20.030; Ord. No. 7-1988-1, § 520, 1988)

Table 44-121

Area and Dimension Requirements in the Commercial Districts

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

* N/A = Not applicable

(Code 2001, § 17.20.040; Ord. No. 7-1988-1, § 530, 1988)

All special exception uses shall comply with the area and dimension requirements of the use district in which located.

(Code 2001, § 17.20.050; Ord. No. 7-1988-1, § 540, 1988)

(a)

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

Sexual conduct means and includes:

(1)

The fondling or other touching of human genitals, pubic region, buttocks, or female breasts;

(2)

Ultimate sex acts, normal or perverted, actual or simulated, including intercourse, oral copulation, sodomy;

(3)

Masturbation; and

(4)

Excretory functions as part of or in connection with any of the activities set forth in subsections (a)(1)through (3) of this definition.

Sexually-oriented businesses.

Adult amusement or entertainment means amusement or entertainment which is distinguished or characterized by an emphasis on acts or material depicting, describing or relating to sexual conduct or specified anatomical areas, as defined herein, including but not limited to topless or bottomless dancers, exotic dancers, strippers, male or female impersonators or similar entertainment.

Adult bookstore means an establishment having as a significant portion of its stock in trade books, film, magazines and other periodicals which are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult mini motion picture theater means an enclosed building with a capacity of less than 50 persons used for presenting material distinguishing or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult motel means a motel wherein material is presented, as part of the motel services, via closed circuit TV or otherwise, which is distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult motion picture arcade means any place to which the public is permitted or invited wherein coin or slug-operated or electronically, electrically or mechanically controlled, still or motion picture machines, projectors, or other image-producing devices are maintained to show images to five or fewer persons per machine at any one time, and where the images so displayed are distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Adult motion picture theater means an enclosed building with a capacity of 50 or more persons used for presenting material distinguished or characterized by an emphasis on depicting or describing sexual conduct or specified anatomical areas.

Massage parlor means any place where for any form of consideration or gratuity, massage, alcohol rub, administration of fomentations, electric or magnetic treatments, or any other treatment or manipulation of the human body occurs as part of or in connection with sexual conduct or where any person providing such treatment, manipulation or service related thereto exposes specified anatomical areas.

Model studio means any place other than university or college art classes where, for any form of consideration or gratuity, figure models who display specific anatomical areas are provided to be observed, sketched, drawn, painted, sculptured, photographed, or similarly depicted by persons paying such consideration or gratuity.

Sexual encounter center means any building or structure which contains, or is used for commercial entertainment where the patron directly or indirectly is charged a fee to engage in personal contact with or to allow personal contact by, employees, devices or equipment or by personnel provided by the establishment which appeals to the prurient interest of the patron, to include, but not to be limited to bath houses, massage parlors, and related or similar activities.

Specified anatomical areas means and includes:

(1)

Human genitals, pubic region, buttocks, and female breasts below a point immediately above the top of the areola;

(2)

Human male genitals in a discernible turgid state, even if completely and opaquely covered.

(b)

Prohibition.

(1)

No person shall cause or permit the establishment of any of the sexually-oriented businesses, as defined in subsection (a) of this section, in an area zoned other than "CG."

a.

In addition, no person shall cause or permit the establishment of any of the sexually-oriented businesses, as defined in subsection (a) of this section:

1.

Within 1,000 feet of any other sexually-oriented business;

2.

Within 500 feet of a church, school (of the type which offers a compulsory education curriculum), public or private park; or

3.

Within 300 feet of areas zoned residential or within 300 feet of a non-arterial street which provides access to a residentially zoned area.

b.

Provided further that the board of adjustment may permit by special exception sexually-oriented businesses, as defined in subsection (a) of this section in an I district, subject to the distance limitations set forth herein.

(2)

The establishment of a sexually-oriented business shall include the opening of such business as a new business, the relocation of such business, the enlargement of such business in either scope or area, or the conversion of an existing business location of any of the uses described in subsection (a) of this section.

(3)

Nothing in this section is intended to make legal any business or activity that is expressly declared illegal under the provision of this chapter or under any state or federal laws.

(Code 2001, § 17.20.060; Ord. No. 7-1988-1, § 550, 1988)

(a)

Purposes. By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval is required for all commercial developments for the purposes of assuring proper accessibility, circulation, functional relationships of uses, and compatibility with adjoining and nearby development. No building permit shall be issued nor use commenced within this development except in accordance with an approved site plan.

(b)

Application for site plan review. An application for site plan review shall be filed with the planning commission staff.

(1)

The application shall be in such format and content as the planning commission may by resolution establish, with three copies of the site plan submitted

(2)

The plan must show information showing compliance with applicable sections of this chapter and all other applicable town codes and ordinances.

(c)

The planning commission may delegate and assign the review and approval of site plan to its staff on tracts less than 18,000 square feet or structural amendment of less than 2,000 square feet or ten percent (whichever is greater). Appeals from denial of staff shall be made to planning commission.

(d)

The planning commission's decision shall be final.

(e)

The site plan shall contain:

(1)

Proposed location of uses, including off-street parking design and layout (see article V of this chapter for minimum required dimensions and design standards), open spaces and public uses;

(2)

Location, height, and size of buildings and other structures;

(3)

Proposed location of all existing or proposed site improvements including curb lines, curb cuts and their radii, neighboring curb cuts, drains, culverts, retaining walls and fences;

(4)

Internal public and private vehicular and pedestrian circulation;

(5)

Proposed location and development of buffer areas, screening and landscaping;

(6)

The intensity of uses expressed in floor area, allocated to each identifiable segment of the development;

(7)

A computation of lot area, building floor area, and building coverage for each type of proposed use;

(8)

Proposed location, height, and size of any ground signs;

(9)

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

(10)

Existing topographic character of the land including identification of floodplain areas, treed areas, slope analysis and soil analysis;

(11)

An explanation of the character of the development.

(Code 2001, § 17.20.070; Ord. No. 7-1988-1, § 560, 1988)

(a)

General purposes. The industrial districts are designed to:

(1)

Achieve the industrial objectives of the comprehensive plan;

(2)

Meet the needs for industrial services and goods of the town trade area;

(3)

Preserve and promote the development of efficient industrial areas and to minimize the adverse effects of industrial uses on other land uses and thoroughfares by:

a.

Differentiating the types and purposes of industrial or industrial activities;

b.

Establishing area and dimension controls;

c.

Requiring off-street loading and parking facilities;

d.

Controlling the number, area, location, and types of signs;

e.

Protecting the character of industrial districts and their peculiar suitability for industrial uses.

(b)

Purposes of the IL Industrial Light District. The IL district is designed to provide areas suitable for manufacturing, wholesaling, warehousing, and other industrial activities which have no objectionable environmental influences.

(c)

Purposes of the IM Industrial Moderate District. The IM district is designed to group together a wide range of industrial uses, which may produce moderately objectionable environmental influences in their operation and appearance.

(d)

Purposes of the IH Industrial Heavy District. The IH district is designed to provide areas for manufacturing and other industrial activities which may constitute substantial environmental influences or hazards.

(Code 2001, § 17.24.010; Ord. No. 7-1988-1, § 600, 1988)

(a)

Exceptions and additional restrictions can be found in article III, Use Units, and article IV, Design and Use Regulations.

(b)

Off-street parking and loading regulations can be found in article III for each use unit type and in article V of this chapter, Off-street Parking and Loading.

(c)

Nonconforming uses are controlled by article IV, Design and Use Regulations, and article VI of this chapter, Nonconforming uses and structures.

The principal uses permitted in the industrial districts are designated by use units. The use units are groupings of individual uses and are fully described, including their respective off-street parking, loading, and screening requirements and other use conditions in this chapter. The use units permitted in the industrial districts are set forth below in table 44-148.

Table 44-148

Principal Use Units Permitted in Industrial Districts

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

*X = Use by right; E = Special exception

(Code 2001, § 17.24.020; Ord. No. 7-1988-1, § 610, 1988)

(a)

Accessory uses permitted. Accessory uses customarily incident to a principal use permitted in an industrial district are permitted in such district.

(b)

Accessory use conditions.

(1)

Accessory buildings shall meet the minimum building setback lines of the applicable district.

(2)

An accessory building erected as an integral part of the principal building shall be structurally a part thereof, shall have a common wall therewith, and shall comply with the requirements applicable to the principal building.

(3)

Accessory storage of materials, equipment, or products within 200 feet of an abutting R district shall be screened by the erection of a screening wall or fence along the lot line or lines in common with the abutting R district.

(4)

Business signs for scientific research facilities and institutions not exceeding in the aggregate 0.5 square feet of display surface area per one lineal foot of street frontage may be erected on each street frontage of a lot. Ground signs shall not exceed 30 feet in height. No business sign shall be located within 50 feet of an R district if visible from such district. Illumination, if any, shall be by constant light.

(5)

Except as provided in subsection (b)(4) of this section, accessory signs in the I district are subject to the use conditions in Use Unit 21.

(Code 2001, § 17.24.030; Ord. No. 7-1988-1, § 620, 1988)

Area and dimension requirements are as set out in table 44-150:

Table 44-150

Area and Dimension Requirements in the Industrial Districts

(The provisions of the following table are subject to exceptions and restrictions, if any, established in articles III and IV of this chapter.)

*N/A = Not applicable

(Code 2001, § 17.24.040; Ord. No. 7-1988-1, § 630, 1988)

Special exception uses shall conform to the area and dimension requirements of the zoning district in which located.

(Code 2001, § 17.24.050; Ord. No. 7-1988-1, § 640, 1988)

By reason of potential adverse effects on public services or to neighboring land uses, site plan review and approval is required for all industrial developments for the purpose of assuring proper accessibility, circulation, functional relationships of uses and compatibility with adjoining and nearby development. No building permit shall be issued nor use commenced within this development except in accordance with an approved site plan. See section 44-124(b) and (c) which also apply to the industrial site plan review process.

(Code 2001, § 17.24.060; Ord. No. 7-1988-1, § 650, 1988)

Planned unit development is an alternative to conventional development where the particular tract is under common ownership or control and a detailed plan (outline development plan) for the development of the tract as a unit is proposed and submitted for public review. The supplemental zoning district PUD must be approved by the board of trustees as a prerequisite to the planned unit development.

(Code 2001, § 17.28.010; Ord. No. 7-1988-1, § 710, 1988)

The purposes of the planned unit development are to:

(1)

Permit innovative land development while maintaining appropriate limitation on the character and intensity of use and assuring compatibility with adjoining and proximate properties;

(2)

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

(3)

Provide and preserve meaningful open space;

(4)

Achieve a continuity of function and design within the development.

(Code 2001, § 17.28.020; Ord. No. 7-1988-1, § 720, 1988)

(a)

Planned unit development is permitted on tracts having the supplemental district designation PUD. In every instance, the PUD is to be reviewed as to the proposed location and character of the uses and the unified treatment of the development of the tract. The regulations of the general zoning district or districts remain applicable except as specifically modified pursuant to the provisions of this chapter. No modification of use or area and dimension requirements of the applicable general use district or districts shall be permitted unless a subdivision plat incorporating the provisions and requirements of this chapter is submitted to and approved by the planning commission and board of trustees and filed of record in the office of the county clerk of the county in which property is located.

(b) Exceptions and additional restrictions can be found in article III, Use Units, and article IV, Design and Use Regulations.

(c) Off-street parking and loading regulations can be found in article III for each use unit type and in article V of this chapter, Off-street Parking and Loading.

(d) Nonconforming uses are controlled by article IV, Design and Use Regulations, and article VI of this chapter, Nonconforming uses and structures.

(Code 2001, § 17.28.030; Ord. No. 7-1988-1, § 730, 1988)

(a)

Principal uses. The development may consist of one or more of the uses (except uses contained within Use Unit 21) permitted by right or exception within the general zoning district or districts within which the planned unit development is located, provided:

(1)

That if any part of the planned unit development is located within a residential district, the permitted uses may additionally include one or more of the dwelling types contained in Use Unit 6, single-family dwelling; Use Unit 7, duplex dwelling; or Use Unit 8, multifamily dwelling;

(2)

That Use Unit 9, mobile home dwelling, is a permitted use only within the planned unit developments which are located in whole or in part in an RS-3 or RMH district. The permitted uses may be reallocated within the development irrespective of the general zoning district boundaries.

(b)

Accessory uses. Accessory uses customarily incident to the principal uses within the PUD are permitted.

(1)

Accessory commercial facilities. In addition to accessory uses customarily incidental to a permitted principal residential use accessory use, accessory commercial facilities may be included within the residential portion of a PUD in accordance with the following standards:

a.

The accessory commercial uses shall be limited to the following uses:

Bakery, retail only

Barbershop

Beauty shop

Bookstore

Cafeteria

Candy store

Coffee shop

Dairy store

Delicatessen

Dry cleaning pickup

Food specialty shop

Gift, novelty, souvenir shop

Grocery (other than supermarkets)

Health food store

Hobby shop

Ice cream store

Laundry pickup

Liquor store

Newsstand

Offices (performing services to residential areas)

Pharmacy

Private club

Pro shop

Restaurant (other than drive-ins)

Shoe repair shop

Tailor shop

Tobacco store.

b.

The aggregate floor area of the accessory commercial facilities shall not exceed 50 square feet per dwelling unit or a total of 30,000 square feet.

c.

Each accessory commercial establishment, except private clubs or restaurants, shall be limited to a maximum of 3,500 square feet of floor area.

d.

Accessory commercial signs shall be limited to one nameplate of not more than 16 square feet for each establishment. Nameplates shall be attached flat against a building wall and shall not be animated, flashing, or have other than indirect illumination. Window signs shall not be permitted.

e.

The accessory commercial uses shall be internally oriented, designed primarily for the service, convenience, and benefit of the residents of the PUD and shall be designed and located in such manner as to be compatible with the residential use of the PUD and of adjacent properties. No freestanding accessory commercial structure shall be located within 300 feet of the perimeter of a planned unit development.

(2)

Signs. Signs accessory to residential uses or uses permitted by exception in residential districts shall comply with the provisions of the residential districts. Business signs accessory to principal office, commercial or industrial uses shall not exceed the following limitations; provided, however, board of trustees may impose such additional restrictions as are necessary to maximize compatibility with other neighboring uses:

a.

General use conditions.

1.

No outdoor advertising signs shall be permitted.

2.

No roof, projecting, flashing (does not include time and temperature signs), animated or revolving signs are permitted.

3.

No ground sign shall be located within 150 feet of any residential area, either within or abutting the PUD, unless separated by an arterial street.

4.

Any ground sign shall maintain a minimum separation of 100 feet from any other ground sign.

5.

Ground signs shall not exceed 25 feet in height, measured from the mean curb level of the lot upon which it is erected, except a sign when located behind the building setback line may exceed 25 feet, but shall not exceed 40 feet in height.

6.

Only one side of a double-faced sign shall be included in computation of display surface area.

7.

The following signs shall not be included in the computation of display surface area:

(i)

Nameplates, attached to the face of the wall and not exceeding two square feet in surface area;

(ii)

Temporary real estate and construction signs;

(iii)

Signs which are not visible from a public street;

(iv)

Signs painted on the glass surface of windows or doors, and pertaining to the business conducted therein;

(v)

Tablets built into the wall of a building or other structure and used for inscriptions or as memorial tablets or for similar purposes;

(vi)

Signs of a warning, directive, or instructional nature erected by a public utility, franchised transportation company or governmental agency;

(vii)

Legal notices and street numbers;

(viii)

Election campaign signs, if erected not more than 45 days prior to an election and removed within seven days following an election;

(ix)

Signs located within a building;

(x)

Signs, not exceeding three square feet of display surface area, of a warning, directive or instructional nature, including entrance, exit and restroom signs;

(xi)

Signs which are attached as labels of a commodity offered for sale.

b.

Designated nonresidential development area.

1.

The aggregate display surface area for wall or canopy signs shall not exceed two square feet per each lineal foot of the building wall to which the sign or signs are affixed.

2.

In addition to the wall or canopy signs permitted in this subsection (b)(2)b, a lot containing one or more business establishments may utilize for business signs an aggregate display surface area of ground signs as follows:

(i)

If not more than one ground sign is erected, 1.0 square foot of display surface area per each lineal foot of street frontage, provided that only arterial street frontage shall be used in the computation of display surface area for lots that abut more than one street.

(ii)

If more than one ground sign is erected, 0.5 square feet of display surface area per each lineal foot of street frontage, provided that only arterial street frontage shall be used in the computation of display surface area for lots that abut more than one street.

3.

In addition to the wall or canopy signs permitted in this subsection (b)(2)b, and in addition to the business signs permitted in this subsection (b)(2)b, a lot containing four or more business establishments may erect one ground sign for each arterial street frontage identifying the commercial complex and individual tenants therein, not exceeding in aggregate display area one square foot per four lineal arterial street frontage.

(Code 2001, § 17.28.040; Ord. No. 7-1988-1, § 740, 1988)

(a)

Intensity of use. It is the intent of this chapter that the aggregate intensity of use within the planned unit development remains substantially the same as that which would be permitted if the area were developed conventionally, but that within the development, the intensity may be reallocated irrespective to the general zoning district boundaries. Note: For the purposes of intensity computations, the term "gross area" means the lot area plus one-half of the width of the right-of-way of any abutting street to which the lot has access.

(1)

Residential intensity. The residential intensity shall not exceed a maximum number of dwelling units computed as follows:

a.

The minimum land area per dwelling unit, for the purpose of the computation in this subsection, shall be the least restrictive minimum land area per dwelling unit permitted in the applicable district as set forth in section 44-85(a) and (b).

b.

Each 600 square feet of a quasi-dwelling, such as a care home, shall constitute a dwelling unit. If the PUD is within two or more residential districts, the permitted density shall be the sum of the permitted dwelling units computed separately for the gross area within each district.

c.

For a PUD located totally within a residential district or districts, the gross area for the purposes of the computation in this subsection shall be reduced by the area or areas designated for any principal use other than dwellings, quasi-dwellings, residential open space and recreation areas.

(2)

Nonresidential intensity. The nonresidential intensity shall not exceed a maximum permitted floor area computed as follows:

(3)

Intensities for a multiple-use PUD. The intensity of use of a PUD located within two or more zoning districts of the following differing general classifications: residential, commercial, or industrial shall be separately calculated and allocated within the planned unit development by said general classification.

(b)

Lot width and lot area minimums. Within a PUD, a minimum lot size requirement of 800 square feet shall apply to lots utilized for dwelling purposes. A minimum lot width requirement of 20 feet shall apply to lots utilized for dwelling purposes.

(c)

Livability space. Within a PUD, livability space shall be provided in an aggregate amount of not less than the amount of livability space required by the applicable use district for conventional development of a comparable number of dwelling units. Required livability space shall be provided on the lot containing the dwelling unit or units on which computed or in common areas. Common livability space shall be designed and located so as to be accessible to the dwelling units it is intended to serve. Provisions for the ownership and maintenance of common livability space as will ensure its continuity and conservation shall be incorporated in the subdivision plat, in compliance with the provisions of section 44-180(e).

(d)

Building height and yards. Within a PUD, the planning commission shall prescribe building height limitations and minimum yards, which shall be incorporated within the subdivision plat in compliance with the provisions of section 44-180(e).

(e)

Setbacks from abutting public streets. Within a PUD, building setbacks from abutting public streets, for residential use, shall not be less than as prescribed for an RS-3 district as set out within section 44-85. Within a PUD, building setbacks from abutting public streets for nonresidential uses shall not be less than as prescribed for a CG district as set out within section 44-121.

(Code 2001, § 17.28.050; Ord. No. 7-1988-1, § 750, 1988)

The planning commission shall prescribe perimeter requirements for screening, landscaping, and setbacks as are necessary to ensure compatibility with adjoining and proximate properties, which shall be incorporated within the subdivision plat in compliance with the provisions of section 44-180(e).

(Code 2001, § 17.28.060; Ord. No. 7-1988-1, § 760, 1988)

Off-street parking and loading spaces shall be provided as specified in the applicable use units and in conformance with the requirements of article V of this chapter. Required spaces may be provided on the lot containing the uses for which it is intended to serve or in common areas. Common parking areas shall be designed and located so as to be accessible to the uses they are intended to serve. Provisions for the ownership and maintenance of common parking space as will ensure its continuity and conservation shall be incorporated in the subdivision plat, in compliance with the provisions of section 44-180(e).

(Code 2001, § 17.28.070; Ord. No. 7-1988-1, § 770, 1988)

(a)

General. Any person, corporation, partnership, association, or combination thereof, owning or possessing a property right or interest in or to a tract of land may make application for the supplemental district designation PUD. Such application shall be accompanied by an outline development plan processed in the manner set forth in subsections (b), (c) and (d) of this section. An application for the supplemental district designation PUD may be processed simultaneously with an application for an amendment to the general zoning district and made contingent upon approval of said application.

(b)

Application and outline development plan. An application for a planned unit development shall be filed with the planning commission. The application shall be accompanied by a fee in accordance with the established fee schedule on file in the office of the town clerk. Such fee shall not include advertising and sign costs, which shall be billed to the applicant. The application shall be in such form and content as the planning commission may by resolution establish, provided that ten copies of an outline development plan shall accompany the filing of the application. The outline development plan shall consist of maps and text which contain:

(1)

A site plan reflecting:

a.

Proposed location of uses, including off-street parking, open spaces and public uses;

b.

Development standards for location, height, setback and size of buildings and other structures;

c.

Public and private vehicular and pedestrian circulation;

d.

The approximate intensity of residential uses expressed in the number of dwelling units and the approximate intensity of nonresidential uses expressed in floor area, allocated to each identifiable segment of the planned unit development;

e.

Proposed screening and landscaping;

f.

Proposed location, height and size of any ground sign;

g.

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

(2)

Existing topographic character of the land, including identification of floodplain areas, treed areas, slope analysis and soil analysis.

(3)

An explanation of the character of the PUD.

(4)

The expected schedule of development.

(5)

Detailed landscaping plan.

(6)

The planning commission may require elevations and perspective drawings of the proposed buildings as part of required detailed site plan review.

(c)

Public hearing and planning commission action. The planning commission, upon the filing of an application for the PUD supplemental district designation shall set the matter for public hearing and give proper notice as provided in section 44-399(b). Within 60 days after the filing of an application, the planning commission shall conduct the public hearing and shall determine:

(1)

Whether the PUD is consistent with the comprehensive plan;

(2)

Whether the PUD is in harmony with the existing and expected development of surrounding areas;

(3)

Whether the PUD is a unified treatment of the development possibilities of the project site;

(4)

Whether the PUD is consistent with the stated purposes and standards of this chapter.

The planning commission shall forward its recommendation, the application, and the outline development plan to the board of trustees for further hearing as provided in section (d) of this section.

(d)

Board of trustees action. Upon receipt of the application, outline development plan, and planning commission recommendation, the board of trustees shall review the outline development plan to the planning commission for further consideration. Upon approval, the zoning map shall be amended to reflect the supplemental designation PUD, and the applicant shall be authorized to process a subdivision plat incorporating the provisions of the outline development plan.

(e)

Planned unit development subdivision plat. A planned unit development subdivision plat shall be filed with the planning commission and shall be processed in accordance with the subdivision regulations, and, in addition to the requirements of subdivision regulations, shall include:

(1)

Details as to the location of uses and street arrangement;

(2)

Provisions for the ownership and maintenance of the common open space as will reasonably ensure its continuity and conservation. Open space may be dedicated to a private association or to the public, provided that a dedication to the public shall not be accepted without the approval of the board of trustees;

(3)

Such covenants as will reasonably ensure the continued compliance with the approved outline development plan. The planning commission may require covenants which provide for detailed site plan review and approval of individual lots by said commission prior to the issuance of any building permits within the PUD. In order that the public interest may be protected, the town shall be made beneficiary of covenants pertaining to such matters as location of uses, height of structures, setbacks, screening, and access. Such covenants shall provide that the town may enforce compliance therewith, and shall further provide that amendment to such covenants shall require the approval of the planning commission and the filing of record of a written amendment to the covenants, endorsed by the planning commission.

(f)

Issuance of building permits. After the filing of an approved PUD subdivision plat and notice thereof to the building inspector, no building permits shall be issued on lands within the PUD except in accordance with the approved outline development plan. A building permit for a freestanding or separate commercial structure within a PUD containing no commercial zoning shall not be issued until building permits have been issued for at least one-half of the number of dwelling units on which the authorization of the commercial use is based.

(g)

Amendments. Minor changes in the PUD may be authorized upon approval by the planning commission and board of trustees which may direct the processing of an amended subdivision plat, incorporating such changes, so long as a substantial compliance is maintained with the outline development plan and the purposes and standards of the PUD provisions thereof. Changes which would represent a significant departure from the outline development plat shall require compliance with the notice and procedural requirements of an original planned unit development.

(h)

Abandonment. Abandonment of a planned unit development shall require the board of trustees' approval, after recommendation by the planning commission, of an application for amendment to the zoning map repealing the supplemental designation of PUD. Upon final action authorizing the abandonment of the planned unit development, no building permit shall be issued except in accordance with the restrictions and limitations of the general zoning district or districts.

(Code 2001, § 17.28.080; Ord. No. 7-1988-1, § 780, 1988)