(a)

Scope and general description. This section applies to the A-1 Agricultural District. The A-1 Agricultural District is established for several purposes:

(1)

To provide for the continued use of land for predominately agricultural purposes;

(2)

To preserve undeveloped areas until they can feasibly be developed at urban standards and with adequate public safeguards of health, safety, etc.; and

(3)

To restrict development in areas subject to severe inundation until such time as it can be shown that these areas are no longer subject to flooding.

(b)

Uses permitted. No buildings or use shall hereafter be established or enlarged within the A-1 General Agricultural District, except a building or use devoted to one of the following purposes:

(1)

Accessory buildings or uses incidental to permitted uses.

(2)

Agriculture.

(3)

Single-family dwellings.

(4)

Churches or temples.

(5)

Elementary schools and high schools.

(6)

Golf courses, but not including golf driving ranges, pitch and putt courses, or miniature golf courses.

(7)

Park and forest preserves, operated not-for-profit.

(8)

Temporary buildings and uses for construction purposes, only and not for dwelling purposes, nor for a period that exceeds the completion of the construction.

(9)

Municipal or community recreation centers.

(10)

Police or fire stations.

(11)

Public utility and service uses, including electric substations, gas regulator stations, electric, gas, telegraph, telephone and water transmission metering and distribution equipment and structures, microwave relay towers, water reservoirs or pumping stations, and other similar facilities.

(c)

Area and height regulations.

(1)

Minimum lot area: five acres.

(2)

Minimum lot frontage: 150 feet.

(3)

Maximum percent coverage: 30 percent including accessory buildings.

(4)

Maximum height: 35 feet.

(5)

Minimum front yard setback: 50 feet.

(6)

Minimum side yard setback: 25 feet.

(7)

Minimum rear yard setback: 50 feet.

(Zoning Ord. 1973, § 7)

(a)

Scope and general description. This section applies to the R-1 Single-Family Residential District. The R-1 Single-Family Residential District is established as a district in which the use of the land is for single-family dwellings except as noted. It is the purpose and intent of this district to promote the development and continued use of land for single-family dwellings and to prohibit commercial and industrial use or any use which would substantially interfere with the development or continuation of single-family dwelling in this district. The intent is to further discourage any use in this district which would generate traffic or create congestion on neighborhood streets other than the normal traffic which serves the residents in the area. This district further encourages only those uses which because of character or size, would not create additional requirements and costs for public services which are in excess of such requirements and costs if the district was not developed solely for single-family dwellings.

(b)

Uses permitted. The following uses are permitted in an R-1 Single-Family Residential District, and are subject to all the general provisions and regulations of this chapter.

(1)

Single-family detached dwellings.

(2)

Elementary schools, public and private where the curriculum is similar in nature and preparation of course work to the public.

(3)

Public park or playground.

(4)

Agricultural uses of the garden type that are not intended for commercial purposes.

(5)

Churches or temples.

(6)

Utilities service installations.

(c)

Uses permitted subject to additional requirements. The following uses are permitted provided they meet the requirements noted for each use in addition to applicable area regulations:

(1)

Library, provided it has major street frontage as shown on the thoroughfare plan.

(2)

Home occupation, provided that it is in keeping with the meaning of home occupation as defined in this chapter.

(3)

Plant nursery, provided that no building or structure is maintained in connection therewith and no retailing of any materials carried on upon the premises.

(4)

Golf course, private or public, or country club, provided that the chief activity is for recreational purposes and any commercial activity is accessory or incidental thereto.

(5)

Middle schools or junior or senior high schools, provided that they have major frontages as shown on the trafficways plan.

(6)

Accessory buildings which are not a part of a main building may include one private garage.

(7)

Temporary structures which are incidental to the construction of the main building and will be removed when the main structure is completed.

(8)

Parking lot required to serve the uses permitted in this district.

(9)

A temporary bulletin board or sign not exceeding 12 square feet in area appertaining to the lease, which board or sign shall be removed as soon as the premises are leased, hired or sold.

(10)

Public buildings or buildings operated in the public interest by a not-for-profit corporation, including art galleries, post offices, libraries or museums.

(11)

Public or not-for-profit auditoriums, stadiums, arenas, armories, or sanitariums.

(12)

Public or private schools and colleges.

(d)

Area and height regulations.

(1)

Side yard.

a.

For buildings of more than one story, the minimum width of the side yard on interior lot lines shall be not less than ten feet.

b.

For a principal building other than a one-family dwelling, the minimum width of side yard shall not be less than one-half the height of the building but in no case less than 15 feet.

(2)

Rear yard.

a.

Unattached buildings of accessory use may be located in the rear yard of a main building; provided, however, that no accessory building shall be located closer than ten feet to the rear lot line.

(3)

Lot size requirements.

a.

The frontage of any wedge-shaped lot which meets the requirements of minimum lot size may be a minimum of 40 feet; however, the front building line on the lot shall be a minimum of 60 linear feet measured at an equal distance parallel to and from the front lot line.

(e)

Off-street parking. Except as provided for elsewhere in this chapter, all permitted uses in the R-1 Single-Family Residence District shall comply with the following minimum requirements for off-street parking:

(1)

Single-family dwelling. One off-street parking space for each dwelling unit.

(2)

Schools, elementary schools, junior and senior high schools, including public, private and parochial schools. One off-street parking space for each employee plus one for each classroom, plus one for each 50 square feet of assembly area with stationary or movable seats.

(3)

Other uses permitted. One off-street parking space for each five seats for patron use, or one space for each 400 square feet of gross floor area used or intended to be used for service to the public as customers, patrons, or clients, whichever requires the greatest number of parking spaces. The open space required by front-yard requirements shall not be used for parking.

(4)

Utilities service installations. One off-street parking space for each 400 square feet of floor space.

(Zoning Ord. 1973, § 8)

(a)

Scope and general description. This section applies to the R-2 General Residential District. This residential district is intended to provide for both low and high population density. It is established as a district in which the principal uses of the land are for multifamily dwellings and similar high-density residential development. The intent is to encourage the development and the continued use of land for multifamily dwellings and to prohibit commercial and industrial uses or any other use which would substantially interfere with the development or continuation of multifamily dwellings in this district. It is further intended to discourage any use which would generate traffic or create congestion on the neighborhood streets other than the normal traffic which serves the multifamily dwellings or similar residential uses in this district and discourage any use which, because of its characteristics or size, would create additional requirements and costs for public services which are in excess of such requirements and costs if the district were developed solely for multifamily or other similar residential units.

(b)

Uses permitted. The following uses are permitted in any R-2 General Residential District, and are subject to all the general provisions and regulations of this chapter.

(1)

Accessory buildings and uses customarily incidental to uses provided for in this subsection or in subsections (b) and (c) of this section when located on the same lot.

(2)

Any use permitted in section 98-179(b).

(3)

Duplex.

(4)

Multifamily dwellings.

(5)

Roominghouse or boardinghouse.

(c)

Uses permitted subject to additional requirements. The following uses are permitted, provided they meet the requirements noted for each use in addition to applicable area regulations:

(1)

Convalescent home, rest home, nursing home and hospitals, public or private, provided they have frontage on a major street as shown on the thoroughfare plan.

(2)

Lodges and other service institutions, provided they are located on a lot of not less than one acre and have frontage on a major street as shown on the thoroughfare plan.

(3)

Child care centers or day nurseries provided it is located on a lot not less than 10,000 square feet in area and having its principal access on a major street as shown on the trafficways plan.

(4)

Any uses permitted subject to additional requirements in section 98-179(c).

(d)

Uses permitted on review. The following uses may be permitted on review by the planning commission after a public hearing.

(1)

Doctors or dentists office or clinic.

(2)

Hospital.

(3)

Mobile home park in compliance with subsection (h) of this section.

(4)

Sanatorium.

(e)

Area and height regulations. All buildings shall comply with the following regulations:

(1)

Front yard.

a.

The minimum depth of the front yard shall be 25 feet.

b.

If 25 percent or more of the lots on one side of the street between two intersecting streets are improved with buildings, all of which have observed an average setback line of greater than 25 feet, and no building varies more than five feet from this average setback line, then no building shall be erected closer to the street line than the minimum setback so established by the existing building; but this regulation shall not require a front yard of greater depth than 40 feet.

c.

When a yard has double frontage, the front yard requirements shall be provided on both streets.

(2)

Side yard.

a.

For dwelling and accessory buildings located on corner lots, there shall be a minimum side yard from the intersecting street of not less than 15 feet when such lot is back to back with another corner lot, and 25 feet in all other cases.

b.

For interior lots there shall be a one foot setback for each one foot in height but in no case shall a side yard be required greater than 25 feet.

(3)

Rear yard. For main buildings there shall be a rear yard of not less than 30 feet. Garage apartments and accessory uses may be located within ten feet of the rear lot line.

(4)

Lot width.

a.

The minimum lot width for single-family and duplex uses will be 60 feet.

b.

For multifamily dwellings, there shall be a minimum lot width of 100 feet at the front building line and the width shall be increased by ten feet for each additional dwelling unit exceeding four. The lot width shall not be required to exceed 150 feet.

(5)

Lot size requirements.

a.

For a single-family dwelling, there shall be a lot area as follows:

1.

If the lot is furnished with city water service and city sewer service, not less than 10,000 square feet.

2.

If the lot is furnished with city sewer service only, not less than 15,000 square feet.

3.

If the lot is not furnished with city water service and city sewer service, not less than 32,670 square feet; provided that the lot meets standards approved by the state or city-county health department, as determined by an approved percolation test.

b.

For a two-family dwelling, there shall be a lot area of not less than 12,000 square feet.

c.

For multifamily dwellings there shall be provided a lot area of not less than 15,000 square feet and an additional 2,000 square feet shall be added for each unit over three. There shall be a minimum of 1,000 square feet of usable open space available for each unit over three.

d.

Lot coverage. Main accessory buildings shall not cover more than 35 percent of the lot area.

(6)

Height regulations. No buildings shall exceed 35 feet in height.

(f)

Off-street parking. Except as provided for elsewhere in this chapter, all permitted uses in the R-2 General Residence District shall comply with the following minimum requirements for off-street parking:

(1)

Single-family or two-family dwellings. One off-street parking space for each dwelling unit.

(2)

Multifamily dwelling. The number of spaces provided shall not be less than 1½ times the number of units in the dwelling.

(3)

Boardinghouse or roominghouse or hotel. One parking space for each two guests provided overnight accommodations.

(4)

Convalescent or nursing homes. One space for each six patient beds, plus one space for each staff or visiting doctor, plus one space for each two employees, including nurses.

(5)

Schools, elementary schools, junior and senior high schools, including public, private and parochial schools. One off-street parking space for each employee plus one for each classroom, plus one for each 50 square feet of assembly area with stationary or movable seats.

(6)

Other uses permitted. One off-street parking space for each five seats provided for patron use, or one space for each 400 square feet of gross floor area used or intended to be used for service to the public as customers, patrons, or clients, whichever requires the greatest number of parking spaces. The open space required by front-yard requirements shall not be used for parking.

(g)

Sewer service. No dwelling unit or any other conforming use in an R-2 Multifamily Residential District shall be constructed which is not provided with an effective connection to a public sewer system unless or until the city-county public health officer (health officer) certifies that septic tank or any substitute disposal system can be satisfactorily installed on the lot. Private sewer systems shall only be authorized for use by the occupant on the property as stipulated in local public ordinance. The city-county public health officer may require such percolation test as he deems necessary at the expense of the homeowner.

(h)

Mobile home park or court. Upon compliance with the provisions as set forth herein, a mobile home trailer park will be allowed within the district.

(1)

The applicant, upon making application for a zoning clearance permit, must submit a detailed site plan locating all mobile home stands, screening or fencing, and plans and specifications for the proposed park in a form suitable for making the determinations required herein.

(2)

The proposed site will conform in minimum size, yard requirements, density, and parking to chapter 58, article II.

(Zoning Ord. 1973, § 9)

(a)

Scope and general description. This section applies to C-1 Highway Commercial District. This commercial district is established as a district in which the principal use of land is for establishments offering accommodations, supplies, or services to motorists, and for certain specialized uses such as retail outlets, extensive commercial amusements and service establishments which may serve the entire community do not and should not locate in the central business district.

(b)

Uses permitted.

(1)

Buildings, structures, and accessory uses customarily incidental to any uses permitted in this subsection or subsection (c) of this section, provided that there shall be no manufacturing of products.

(2)

New and used automobile sales and services, new and used machinery sales and services, and public garages.

(3)

Advertising signs or structures, but not to exceed 100 square feet in area, or to be located in a public right-of-way.

(4)

Automobile service station.

(5)

Drive-in theater or restaurant.

(6)

Motels.

(7)

Restaurants.

(8)

Public protection and utility facilities.

(9)

Community services.

(c)

Uses permitted on review. The following uses may be permitted with review and recommendation of the planning commission and subsequent approval of the city council.

(1)

Car wash.

(2)

Dance hall.

(3)

Tavern.

(4)

Commercial recreation: bowling alleys, nightclubs, theaters, and other assembly halls, subject to all applicable regulations by law.

(d)

Area and height regulations.

(1)

Minimum lot area: 10,000 square feet.

(2)

Minimum lot frontage: 100 feet.

(3)

Maximum percent coverage: 70 percent.

(4)

Maximum height: 45 feet.

(5)

Minimum front yard setback: 50 feet.

(6)

Minimum side yard setback: One foot of setback/one foot of height when abutting an R District.

(7)

Minimum rear yard setback: 20 feet.

(e)

Off-street parking. In the C-1 Highway Commercial District, a minimum of three square feet of off-street parking space, dedicated to parking and automobile maneuvering, must be provided for each one square foot of total floor space.

(f)

Usable open space. A minimum of five percent of the lot area shall be in natural or planted vegetation and trees.

(g)

Screening requirements. All uses permitted (subsection (b) of this section) and permitted on review (subsection (c) of this section) shall have solid or sight proof wall screen at least six feet high, where:

(1)

Such uses abut on the rear, on the sides or across an alley or street, of any R district.

(2)

Such lot is used for equipment, parts, material, bolts, or vehicle storage of any kind.

(3)

Exceptions to the above are as follows:

a.

Automobile dealers (section 18-95, Scope);

b.

Retail stores offering items that are immediately and actively for sale.

(Zoning Ord. 1973, § 10; Ord. No. 416, § 1, 9-6-2016)

(a)

Scope and general description. This section applies to C-2 General Commercial District. This commercial district is designed for the conduct of personal and business services and the general retail of the community. It is designed to accommodate a wide variety of commercial uses in the central business district or areas of mixed business enterprise. It will not normally be applied in the case of new commercial areas.

(b)

Uses permitted. Property and buildings in a C-2 General Commercial District may be used for the following purposes:

(1)

Buildings, structures, and accessory uses customarily incidental to any of the uses, permitted in this section provided that there shall be no manufacturing or products other than such as are customarily incidental to retail establishments.

(2)

Any use permitted in C-1 Highway Commercial District.

(3)

Any other retail, personal service, business service, or professional use not already mentioned.

(4)

Any public buildings or uses.

(5)

Any office buildings.

No article or material stored or offered for sale in connection with uses permitted under subsections (a) thru (e) of this section shall be stored or displayed outside the confines of a building unless it is so screened by permanent materials at a height of seven feet.

(c)

Area and height regulations.

(1)

Minimum lot area: None.

(2)

Minimum lot frontage: None.

(3)

Maximum percent coverage: 70 percent.

(4)

Maximum height: None.

(5)

Minimum front yard setback: None.

(6)

Minimum side yard setback: None.

(7)

Minimum rear yard setback: None.

(d)

Off-street parking. In the C-2 General Commercial District there shall be provided one off-street parking space for each 400 square feet of gross retail foot area.

(e)

Usable open space. A minimum of five percent of the lot area shall be in natural or planted vegetation and trees.

(f)

Screening requirements. All uses permitted (subsection (b) of this section) must have a solid wall screen at least six feet high where such uses abut in the rear or on the sides either directly or across an alley, or R District.

(g)

Setback requirement. When a C-2 General Commercial District abuts an R-1 or R-2 District a minimum setback of 25 feet is required.

(Zoning Ord. 1973, § 11)

(a)

Scope and general description. This section applies to I-1 General Industrial District. The I-1 General Industrial District is designed to accommodate those establishments which are engaged in manufacturing, wholesaling, distribution, or outdoor storage which can readily control any objectionable feature which may otherwise result from the process engaged in on the site by the installation of appropriate abatement devices.

(b)

Uses permitted. The following uses are permitted in the I District subject to the various provisions of this section:

(1)

Manufacturing and processing. Except for those uses and processes described herein below and prohibited in this district or manufacturing, compounding, processing, packaging and assembling of the following products:

a.

Apparel and finished fabric products manufacture.

b.

Beer, wine, or other beverage wholesale.

c.

Drugs, chemicals, and allied products.

d.

Dry goods and apparel, wholesale.

e.

Electrical goods, wholesale.

f.

Food products, wholesale.

g.

Furniture manufacturing.

h.

Furniture, storage and wholesale.

i.

Hardware, heating and plumbing supplies, wholesale.

j.

Instrument and meter manufacturing.

k.

Laboratory and cleaning plants.

l.

Local trucking and storage.

m.

Lumber and construction material, wholesale and retail.

n.

Optical instruments and equipment manufacturing.

o.

Paper and paper products, wholesale.

p.

Refrigerated warehousing.

q.

Sporting goods manufacture.

r.

Grain elevators.

(2)

Other uses. Any other use which is determined by the board of adjustment to be of the same general character as the above permitted uses or any use permitted in subsection (c) of this section not including any use which is herein prohibited.

(c)

Uses permitted subject to additional requirements. The following uses shall be permitted only if specifically authorized by the planning commission after public hearing and notice:

(1)

Automobile truck and trailer body repair.

(2)

Bakers and baked goods manufacturing.

(3)

Boat building and repair.

(4)

Confectionary and related products.

(5)

Dairy products manufacturing.

(6)

Drugs manufacturing.

(7)

Drying and finishing textiles.

(8)

Fabric mills.

(9)

Glass manufacturing.

(10)

Junkyards.

(11)

Machinery manufacturing.

(12)

Miscellaneous textile goods manufacturing.

(13)

Miscellaneous transportation equipment manufacturing.

(14)

Motor freight terminals and maintenance facilities.

(15)

Petroleum bulk storage and distribution facilities.

(16)

Plastic products manufacturing.

(17)

Quick freeze plant.

(18)

Railroad equipment manufacturing.

(19)

Tanks and tank components.

Additional industrial uses may be approved subject to review by the planning commission and approval by the city council.

(d)

Accessory uses. Accessory uses and structures customarily incidental to any of the foregoing permitted I District uses, including essential services are considered permitted uses.

(e)

Prohibited uses. Dwellings and residences of any kind, mobile home parks, schools, hospitals, clinics, and other institutions for human care except where they are incidental to a permitted use shall not be permitted; provided, however, that any of the aforesaid legally existing in the I District at the time of adoption of this chapter or any amendment thereto shall not be classified as a nonconforming use.

(f)

Height regulations. Height shall be restricted to 35 feet.

(g)

Lot coverage and yard requirements. The following minimum requirements shall apply.

(1)

No building or structure may occupy more than 40 percent of the lot area.

(2)

A front yard of 50 feet shall be provided.

(3)

A side yard of five feet shall be provided except when adjacent to an R-1 or R-2 District, a rear yard of 100 feet shall be provided.

(4)

A rear yard of 20 feet shall be provided except when adjacent to an R-1 or R-2 District, a rear yard of 100 feet shall be provided.

(h)

Off-street parking and loading. One off-street parking space shall be provided for each 1,000 square feet of gross floor area of structures permitted in the I District. There must also be one off-street loading space for each 25,000 square feet of gross floor area.

(i)

Usable open space. A minimum of five percent of the lot area shall be in natural or planted vegetation and trees.

(j)

Screening requirements. All uses permitted (subsection (b) of this section) and permitted subject to additional requirements (subsection (c) of this section) must have a solid wall screen at least six feet high where such uses abut in the rear or on the sides either directly or across an alley, any R District.

(Zoning Ord. 1973, § 12)

(a)

Scope and general description. This section applies to the FP Floodplain District. This district is intended to comprise those areas which are subject to periodic or occasional inundation and, therefore, are unsuited for all residential uses and the usual commercial and industrial uses.

(b)

Uses permitted. Property and buildings in the FP Floodplain District shall be used only for the following purposes:

(1)

The growing of agricultural crops and nursery stock and gardening.

(2)

The keeping of agricultural livestock in accordance with the municipal ordinances relating thereto.

(3)

Railroads, streets, bridges, and utility lines.

(4)

Public recreation but not including facilities which would be damaged when inundated.

(c)

Uses and improvements.

(1)

Structures for human habitation unless the floor elevation is above the 100-year flood.

(Zoning Ord. 1973, § 13)

(a)

General description. The planned unit development district (PUD) is a special zoning district category that provides an alternate approach to conventional land use controls. The PUD process offers an opportunity for more creative solutions to redevelopment issues while at the same time requiring a proposal that conforms to the goals and policies of the city comprehensive plan. The PUD is subject to special review procedures, and once approved by the city council it becomes a special zoning classification for the property it represents.

(b)

Intent and purpose.

(1)

Encourage innovative land development while maintaining appropriate limitations on the character and intensity of use of the project to assure compatibility with adjoining and neighborhood properties.

(2)

Permit flexibility within the development to maximize the unique physical features of the particular site.

(3)

Encourage efficient use and reuse of land and facilitate economic arrangement of buildings and circulation systems.

(4)

Achieve a continuity of function and design within the development that results in an economically feasible project that conforms to the comprehensive plan and is compatible with development patterns in the surrounding neighborhood.

(5)

Provide a tool for negotiating modifications in standard zoning district regulations in order to achieve innovative design solutions that will protect the health, safety, and general welfare of the citizens.

(c)

Planned unit development authorized. A PUD may be authorized by an amendment to the official zoning districts map after public hearings by the planning commission and city council, provided it complies with the requirements contained herein.

(d)

Location and uses. A PUD shall be considered a special zoning district, and it may be authorized for any use or combination of uses permitted in this chapter. The PUD may also include uses not otherwise permitted in this zoning ordinance, provided the location and development of such uses conform to the policies of the comprehensive plan.

(e)

Planned unit development submission requirements.

(1)

The developer of a PUD shall follow a four step application and review procedure.

a.

Application for rezoning, submission of PUD master plan, including the design statement and master development plan map.

b.

Preliminary plat, where required by the subdivision regulations.

c.

Final plat, where required by the subdivision regulations.

d.

Application for building permit and site plan review.

(2)

Each required step shall be completed and approved before the following step is reviewed. Where appropriate, other methods authorized in the subdivision regulations may be substituted in subsections E1c and E1d of this section. The planning commission and city council may, however, review more than one step at the same public hearing.

(f)

Step 1: Planned Unit Development Master Plan Required. The basis for review and approval of a PUD is the master plan, which shall be adopted as a part of the ordinance of rezoning. The PUD master plan shall contain a design statement and a master development plan map that shall include, at a minimum, the following information:

(1)

PUD Design Statement. The PUD design statement shall be a written report containing the following elements:

a.

Title of the PUD;

b.

List of the property owners and proposed developers;

c.

Specific location of the proposal, and a legal description of the property;

d.

Reference to the comprehensive plan policy for the subject property, including a map showing zoning and land uses within a minimum of 300 feet of the subject property;

e.

A description of the development proposal including:

1.

Existing and proposed land uses;

2.

Existing and proposed densities where housing is involved;

3.

Existing and proposed points of access;

4.

Drainage information, including a topographic map of the property with five-foot contours;

5.

A description of building use types, proposed private restrictions, and typical site layouts;

6.

A list of all special development regulations requested and/or the conventional zoning district regulations that will be applicable;

7.

A specific timetable for the development.

(2)

Planned unit development master development plan map. The master development plan map shall be a graphic representation of the plan for the PUD area prepared at a scale of one inch equals 100 feet. It shall show, at a minimum, the following:

a.

The subject property and sufficient surrounding area to demonstrate the relationship of the PUD to adjoining uses, including structures, streets, and other physical features;

b.

Specific siting of planned buildings, parking, driveways, landscaping and open space, utility easements, setbacks, and other specific information about the project;

c.

Detailed landscaping plans showing treatment of a minimum of six percent of the lot area plus street right of way;

d.

Any other pertinent information necessary for review, approval, and administration of the PUD.

(3)

Review and approval.

a.

The PUD application will be considered by the planning commission and city council at public hearings in accordance with established review procedures for consideration of applications for city council may require additional information, including but not limited to, the following: evidence of a market feasibility study; drainage study or other engineering data and plans; infrastructure improvements or dedication of necessary easements and rights of way; developer meetings with surrounding property owners; replatting; building elevations; specific plat restrictions, covenants, height, use, setback, or coverage requirements; creation of a property owners' association; performance bond or other surety for required public improvements.

b.

Upon final approval by the city council of the PUD master plan and the appropriate ordinance of rezoning, these elements shall become a part of the official zoning districts map. The ordinance of rezoning shall adopt the PUD master plan and all supporting documentation by reference, and it shall become a part of the official records of the city.

c.

The PUD master plan shall control the development of the property, and all building permits shall be in accord with said plan until it is otherwise amended by the city council. The developer shall furnish a reproducible copy of the master plan map at a scale of one inch equals 100 feet for the chair of the planning commission and the mayor, with acknowledgment by the city clerk. The PUD master plan, including the signed map and all supporting data, shall be made a part of the permanent file and maintained by the city clerk.

(g)

Step 2: Preliminary plat. Upon approval of the PUD master plan and ordinance of rezoning, the developer shall prepare a preliminary plat for the entire development area. Where a recorded plat for the entire area comprising the proposed PUD exists, and where there will be no sale of lots which do not conform to the platted lot lines, the planning commission may waive the platting requirements.

(h)

Step 3: Final plat. Where a subdivision plat has been required, the developer shall prepare a final plat for review, approval, and filing of record according to procedures established by the planning commission and city council. In addition to these procedures the final plat shall include:

(1)

Provisions for the ownership and maintenance of common open space. Said 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 city council.

(2)

A homeowners' or property owners' association shall be created if other satisfactory arrangements have not been made for improving, operating, and maintaining common facilities, including private street drives, service and parking areas, and recreation areas.

(3)

Covenants shall be submitted to reasonably ensure the continued compliance with the approved PUD master plan.

(4)

If there is no plat required, then subsections H1, H2, and H3 of this section shall be submitted and approved as part of the PUD, master plan at the time of rezoning.

(i)

Step 4: Building permit application and site plan review. A site plan for the area to be developed within the PUD shall be submitted with the application for a building permit and shall be reviewed by the planning commission for conformance with the standards established in the master development plan. No building permit shall be issued by the city for the PUD area until these requirements have been met.

(j)

Abandonment, continuing city review, reversion, or effect of alternate rezoning on PUD district status.

(1)

Property owner request. If the property owner determines to abandon the PUD zoning, he shall make application for rezoning either to the original status or to a new classification. Said application shall be heard according to regular procedures by the planning commission and city council.

(2)

Continuing review by the city. If development of the PUD has not been started within three years of the date of approval of the PUD rezoning, the city manager shall request a report from the applicant/owner to determine the status of the project. The city commission that shall determine the appropriateness of holding a public hearing to consider rezoning the property to its original district status. Additional three year reviews shall be held as required.

(3)

Alternate rezoning. An application for rezoning to change part of the area of a PUD to a different zoning district classification shall be considered an amendment of the original PUD. The planning commission shall review the commitments and provisions of the original PUD as approved to determine the impact of the new application on the PUD, and may require rezoning of the entire PUD.

(Ord. No. 453A, § I, 10-3-2023)