For the purposes of this ordinance the city is divided into the following districts:

RF, rural fringe.

R-1, low density residential.

R-2, low to medium density residential.

R-3, medium density residential.

R-4, high density residential.

C-1, neighborhood commercial.

C-2, general commercial.

C-3, central business district commercial.

I-1, light industrial.

I-2, heavy industrial.

MHP, manufactured housing park.

6.01.1.

Statement of intent. The RF district is composed of certain lands and structures in the city having a low density, predominantly single-family character and additional open area. Although this district differs from the rural environment of the surrounding unincorporated areas in that its emphasis is upon suburban-urban development rather than rural activities, it is recognized that agriculture and the raising of poultry and livestock may still be a major activity in this district, and provision is therefore made for limited forms of such activity with appropriate safeguard for nearby residences.

6.01.2.

Permitted uses. The following uses are permitted:

1.

Agriculture, farming, forestry, livestock and poultry production, provided that all animals except those generally recognized as pets are kept in a structure, pens or corrals and not permitted to roam at large and provided further that no structures, pens or corrals housing animals shall be located closer than 200 feet to any property line not a street line.

2.

Nurseries and truck gardens.

3.

Public or commercial stables and kennels or raising of small animals provided that all animals be housed in a structure, pen, or corral and provided further that no structures, pens, corrals, or outdoor runs used for housing or exercising animals shall be located closer than 100 feet to any property line.

4.

Poultry, livestock and small animal raising, private stables and kennels when conducted primarily in a non-commercial basis provided that all animals shall be housed in a structure, pen or corral and provided that no structure, pen, outdoor run, or corral used for housing or exercising animals shall be located closer than 100 feet to any property line. No animal raising shall be a scale which would be objectionable to surrounding residents because of undue noise, dust or odor.

5.

Single-family dwelling.

6.

Two-family dwelling.

7.

Accessory uses including accessory signs.

8.

Permitted accessory uses and structures. Accessory uses and structures are permitted in the RF district, provided they are incidental to, and do not substantially alter the character of the permitted principal use or structure. Such permitted accessory uses and structures include, but are not limited to, the following:

a.

Any accessory use or structure permitted in the R-1 single-family residential district.

b.

Farm buildings and structures. Windmills, silos, tank houses, buildings or shelters for farm equipment and machinery, water wells, water reservoirs, and storage tanks.

c.

Buildings or structures required for the housing, nurture, confinement or storage of animals, products, or other uses lawfully produced or permitted on the property.

d.

Roadside stands. Stands for the purpose of displaying and selling agricultural or farming products which are grown or produced on the premises on which said stand is located. Said stand shall not exceed a ground coverage of 300 square feet, and will be limited to one stand per parcel of property. Off-street parking is required.

e.

Manufactured homes and dwellings for farm employees and for adult children or parents of occupants of a farm dwelling.

9.

Incidental home occupations.

6.01.3.

Conditional uses. The following uses may be permitted subject to approval by the city planning commission in compliance with section 11.65 and subject to approval of the planning commission recommendation to the mayor and alderman per section 11.52:

1.

Privately owned recreational facilities including swimming pools, golf courses, tennis courts, and ball fields, all of non-commercial nature but excluding miniature golf courses, driving ranges and other activities operated for commercial purposes.

2.

Private clubs and lodges, except those the chief activity of which is service customarily carried on as a business.

3.

Nursing and rest homes.

4.

Day care nurseries, day care homes, pre-school and kindergartens having an outdoor play area equivalent to 150 square feet per child which play area must be located in the rear of structure.

5.

Private utilities and railroads.

6.

Radio and television broadcasting towers.

7.

Cemeteries and mausoleums.

6.01.4.

Area, yard and height regulations.

6.01.41.

Lot area. Every lot shall have an area of not less than 20,000 square feet and a lot width of not less than 100 feet at the setback line.

6.01.42.

Front yard. There shall be a front yard having a depth of not less than 35 feet.

6.01.43.

Side yard. There shall be two side yards, each having a width of not less than 20 feet. Where a lot is located at the intersection of two or more streets, the width of the yard along the side street shall not be less than 35 feet. No accessory building or structure shall project beyond the yard line of any street.

6.01.44.

Rear yard. There shall be a rear yard having a depth of not less than 25 feet.

6.01.45.

Building height. No building shall exceed 45 feet.

6.01.46.

Accessory buildings. An accessory building or structure that is not part of the main structure shall be located within the buildable area of the lot or in the rear yard not less than ten feet from the rear lot line and ten feet from the side of lot line.

6.01.5.

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in section 8.2, article VIII of this ordinance.

6.01.6.

Sign regulations. As required in section 7.5.

6.02.1.

Statement of intent. The purpose of this district is to provide for the protection of existing single-family residential areas and the development of new neighborhoods with low population densities. Additional permitted uses include related non-commercial, recreational, religious, and educational facilities normally required to provide the basic elements of a balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order, and efficiency are encouraged by providing for adequate light, air, and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

6.02.2.

Permitted uses. The following uses are permitted.

1.

Single-family dwellings.

2.

Parks, playgrounds, golf courses, and related community buildings owned or operated by a governmental agency or community association.

3.

Public schools, elementary and secondary, or private school having a curriculum the same as ordinarily given in a public school and having no room regularly used for housing or sleeping purposes except for a single unit to house a caretaker.

4.

Churches or temples and their educational buildings.

5.

Home occupations as defined article V.

6.

Permitted accessory uses and structures. Accessory uses and structures are permitted in the R-1 district provided they are used in conjunction with and are incidental to a principal use or structure. All accessory buildings to residential buildings shall be sightly and suitable structures that are in harmony with existing visual features and character of the neighborhood in which it is built. Such accessory uses and structures include, but are not limited to the following:

a.

Garages, carports, recreation rooms, hobby workshops and similar structures which are customarily used in conjunction with and are incidental to a principal use or structure.

b.

Private swimming pools and incidental bathhouses.

c.

Private tennis courts.

d.

Storage of recreational vehicles, campers, boats and trailers.

e.

Guest house, provided it is located on the rear one-half of the lot or parcel of land, or at least 25 feet away from the main building and only on lots which are one and one-half times the minimum area of the district. Rent or payment for shelter is prohibited in these structures.

f.

Storage buildings are allowed in addition to detached garages, but are limited to one per lot or per dwelling. A building permit is required. A building permit is required unless they are portable, manufactured, light-duty lawn-care sheds, not to exceed 120 square feet.

g.

Fallout, bomb and severe weather shelters are permitted but must not be occupied as a dwelling or as a guesthouse and must essentially be underground at or below grade.

h.

Radio broadcast towers for hobbyists living on the premises.

i.

Satellite dishes more than three feet in diameter must be placed in rear yard only. Those three feet or less in diameter may be installed on rooftops.

j.

Parking.

k.

Private green house; gardening shed; and fruit, flower and vegetable gardens.

l.

Landscape furniture such as trellises and gazebos, flagpoles, barbecues, ornamental light standards, outdoor clotheslines, Christmas and holiday decorations.

m.

Temporary political signs.

n.

Real estate for sale and for rent signs.

o.

Shelter to house animal pets. No site plan or building permit required unless size of structure warrants.

p.

Children's playhouse and play apparatus. No building permit or site plan is required unless playhouse includes wiring and/or plumbing. Play house and play apparatus must be located in the rear yard. Does not apply to tree houses.

6.02.3.

Conditional uses. The following uses may be permitted subject to approval by the city planning commission in compliance with section 11.65 and subject to approval of the planning commission recommendation to the mayor and alderman per section 11.52:

1.

Private utilities and railroads.

2.

Radio and television broadcasting towers.

3.

Cemeteries and mausoleums.

4.

Private clubs of a non-profit nature, golf courses, country clubs and similar recreational uses either privately or publicly owned and operated.

5.

Zero lot line subdivisions with six or more lots and complying with the city subdivision regulations to allow zero lot line development for single family dwellings only.

6.

Single-family residential homes, containing less than 1400 square feet heated but not less than 1200 square feet heated may be constructed on a case-by-case basis upon approval of the planning commission and board of aldermen in compliance with sections 11.52 and 11.65 of this ordinance. The determination of the planning commission and board of aldermen shall be based upon the characteristics of the surrounding neighborhood(s). A single-car carport or single-car garage is required and all setback requirements must be met.

6.02.4.

Area, yard and height regulations.

6.02.41.

Lot area. Every lot shall have an area of not less than 10,000 square feet and a lot width of not less than 75 feet at the setback line.

6.02.42.

Front yard. There shall be a front yard having a depth of not less than 25 feet.

6.02.43.

Side yard. There shall be two side yards, each having a width of not less than 15 feet. Where a lot is located at the intersection of two or more streets, the width of the yard along the side street shall not be less than 25 feet. No accessory building or structure shall project beyond the yard line of any street.

6.02.44.

Rear yard. There shall be a rear yard having a depth of lot less than 20 feet.

6.02.45.

Building height. No building shall exceed 35 feet in height.

6.02.46.

Accessory buildings. An accessory building or structure that is not part of the main structure shall be located within the buildable area of the lot or in the rear yard not less than ten feet from the rear lot line and ten feet from the side lot line.

6.02.5.

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in section 8.2, article VIII, of this ordinance.

6.02.6.

Sign regulations. As required in section 7.5.

6.02.8.

Buffer strip. Buffer strip are required in this zoning district. Regulations can be found in section 7.7.

6.02.9.

Additional provisions.

1.

All new single family residential buildings requiring a permit within the city, must be constructed with a minimum of 1,400 square feet for the heated area and a two car garage.

2.

All new single family residential buildings shall be sightly and suitable structures that are in harmony with existing visual features and character of the neighborhood in which it is built.

6.03.1.

Statement of intent. The purpose of this district is to provide for the protection of existing single-family residential areas and the development of new communities at a low to medium population density, thus assuring the continued stability of such areas. Additional permitted uses include related non-commercial, recreational, religious and educational facilities normally required to provide the basic elements of balanced and attractive residential area. These areas are intended to be defined and protected from the encroachment of uses not performing a function necessary to the residential environment. Internal stability, attractiveness, order and efficiency are encouraged by providing for adequate light, air and open space for dwellings and related facilities and through consideration of the proper functional relationship of each element.

6.03.2.

Permitted uses. The following uses are permitted:

1.

Those included in the R-1 district.

2.

Day care centers, day nurseries, and day care homes.

3.

Private clubs of a non-profit nature, golf courses, country clubs and similar recreational uses either privately or publicly owned and operated.

4.

Cemeteries, mausoleums, and columbariums.

6.03.3.

Conditional uses. The following uses may be permitted subject to approval by the city planning commission in compliance with section 11.65 and subject to approval of the planning commission recommendation to the mayor and alderman per section 11.52:

1.

Same as those included in the R-1 district.

6.03.4.

Area, yard and height regulations.

6.03.41.

Lot area. Every lot shall have an area of not less than 8,400 square feet, and a lot width of not less than 70 feet at the setback line.

6.03.42.

Front yard. There shall be a front yard having a depth of not less than 25 feet.

6.03.43.

Side yards. There shall be two side yards, each having a width of not less than 15 feet. Where a lot is located at the intersection of two or more streets, the width of the yard along the side street shall not be less than 25 feet. No accessory building or structure shall project beyond the yard line on any street.

6.03.44.

Rear yard. There shall be a rear yard having a depth of not less than 20 feet.

6.03.45.

Building height. No building shall exceed 35 feet in height.

6.03.46.

Accessory buildings. Accessory uses and buildings incidental to the above permitted uses.

1.

Permitted accessory uses and structures. Accessory uses and structures are permitted as per subsection 6. of section 6.02.2 in the R-1 district provided they are used in conjunction with and are incidental to a principal use or structure.

2.

An accessory building or structure that is not part of the principal structure shall be located within the buildable area of the lot or in the rear yard not less than ten feet from the rear lot line and ten feet from the side lot line.

6.03.5.

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in section 8.2, article VIII of this ordinance.

6.03.6.

Sign regulations. As required in section 7.5.

6.03.8.

Buffer strip. Buffer strip[s] are required in this zoning district. Regulations can be found in section 7.7.

6.03.9.

Additional provisions.

1.

All new residential buildings requiring a permit within the city, must be constructed with a minimum of 1,400 square feet for the heated area and a two-car garage. Duplexes must be constructed with a minimum of 1,200 square feet.

2.

All new residential buildings shall be sightly and suitable structures that are in harmony with existing visual features and character of the neighborhood in which it is built.

6.04.1.

Statement intent. The purpose of this district is to provide for the development of medium density residential areas in a manner which would tend to encourage owner occupancy of individual building lots, and to provide variety in the rental housing stock available to residents of the city. These areas are to promote a suitable environment for family life by providing for development of the required recreational, religious, and educational facilities as basic elements of a balanced community.

6.04.2.

Permitted uses. The following uses are permitted:

1.

Two-family dwellings.

2.

Those included in the R-2 district.

6.04.3.

Conditional uses. The following uses may be permitted subject to approval by the city planning commission in compliance with section 11.65 and subject to approval of the planning commission recommendation to the mayor and alderman per section 11.52:

1.

Those included in the R-2 district.

6.04.4.

Area, yard and height regulations.

6.04.41.

Lot area. Every lot shall have an area of not less than 7,000 square feet and lot width not less than 55 feet, except that a two-family dwelling shall have a lot area of not less than 8,400 square feet and a lot width of not less than 65 feet.

6.04.42.

Front yard. There shall be a front yard having a depth of not less than 25 feet.

6.04.43.

Side yards. There shall be two side yards, each having a width of not less than 15 feet. Where a lot is located at the intersection of two or more streets, the width of the yard along the side street shall not be less than 25 feet. No accessory building or structure shall project beyond the yard line on any street.

6.04.44.

Rear yard. There shall be a rear yard having a depth of not less than 20 feet.

6.04.45.

Building height. No building shall exceed 35 feet in height.

6.04.46.

Accessory buildings.

1.

Accessory uses and buildings incidental to the above permitted uses.

a.

Permitted accessory uses and structures. Accessory uses and structures are permitted as per subsection 6. of section 6.02.2 in the R-1 district provided they are used in conjunction with and are incidental to a principal use or structure.

2.

An accessory building or structure that is not part of the principal structure shall be located within the buildable area of the lot or in the rear yard not less than ten feet from the rear lot line and ten feet from the side lot line.

6.04.5.

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in section 8.2, article VIII of this ordinance.

6.04.6.

Sign regulations. As required in section 7.5.

6.04.8.

Buffer strip. Buffer strip are required in this zoning district. Regulations can be found in section 7.7.

6.04.9.

Additional provisions.

1.

All new residential buildings requiring a permit within the city must be constructed with a minimum of 1,400 square feet for the heated area and a two-car garage. Duplexes must be constructed with a minimum of 1,200 square feet.

2.

All new residential buildings shall be sightly and suitable structures that are in harmony with existing visual features and character of the neighborhood in which it is built.

6.05.1.

Statement of intent. The purpose of this district is to provide medium and high density apartment and multiple dwelling districts, wherein the standards of land use and area regulations will encourage development or redevelopment complementary of and compatible with the surrounding residential environment. Various types and sizes of residential accommodations, for ownership or rental, would thereby be provided to meet the needs of the different age and family groups in the community without overtaxing existing community facilities, utilities, or services.

6.05.2.

Permitted uses. The following uses shall be permitted:

1.

Multiple-family dwellings.

2.

Boarding or rooming houses.

3.

Nursing homes, convalescent homes, rest homes, orphanages, and rehabilitation centers.

4.

Clinics, sanitariums, religious and charitable institutions and community centers (such as YMCA and YWCO).

5.

Community parking garages serving the principal residential building containing space for not more than two passenger vehicles for each dwelling unit in the principal building on the lot.

6.

Same as those included in the R-3 district.

6.05.3.

Conditional uses. The following uses may be permitted subject to approval by the city planning commission in compliance with section 11.65 and subject to approval of the planning commission recommendation to the mayor and alderman per section 11.52:

1.

Those included in the R-3 district.

6.05.41.

Lot area. Every single-family lot shall have an area of not less than 6,500 square feet and a lot width of not less than 55 [feet] at the setback line. Other lots shall have an area of not less than 8,400 square feet and a lot width of not less than 60 feet at the setback line for multiple-family dwellings and not less than 55 feet for all other structures.

6.05.42.

Front yard. There shall be a front yard having a depth of not less than 25 feet.

6.05.43.

Side Yards. There shall be two side yards, each having a width of not less than 15 feet for buildings of one story. For each additional story another five feet shall be added to each side yard. Where a lot is located at the intersection of two or more streets, the width of the yard along the side street shall not be less than 25 feet. No accessory building or structure shall project beyond the year line on any street.

6.05.44.

Rear yard. There shall be a rear yard having a depth of not less than 20 feet.

6.05.45.

Building height. No building shall exceed 45 feet in height.

6.05.46.

Accessory buildings.

1.

Accessory uses and buildings incidental to the above permitted uses.

a.

Permitted accessory uses and structures. Accessory uses and structures are permitted as per subsection 6. of section 6.02.2 in the R-1 district provided they are used in conjunction with and are incidental to a principal use or structure.

2.

An accessory building or structure that is not part of the principal structure shall be located within the buildable area of the lot or in the rear yard not less than ten feet from the rear lot line and ten feet from the side lot line.

6.05.5.

Density regulations. The maximum residential density of units per acre in this district shall be determined as follows:

6.05.6.

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in section 8.2, article VIII of this ordinance.

6.05.7.

Sign regulations. As required in section 7.5.

6.05.8.

Buffer strip. Buffer strip are required in this zoning district. Regulations can be found in section 7.7.

6.05.9.

Additional provisions.

1.

All new apartment buildings requiring a permit within the city must be constructed with a minimum of 1,200 square feet per unit for the heated area.

2.

All new townhouses requiring a permit within the city must be constructed with a minimum of 1,400 square feet per unit for the heated area.

3.

All new condominiums requiring a permit within the city must be constructed with a minimum of 1,400 square feet for the heated area and have a two-car garage.

4.

All new apartments, townhouses and condominiums shall be sightly and suitable structures that are in harmony with existing visual features and character of the neighborhood in which it is built.

6.061.

Statement of intent. Commercial office (CO) district creates a quiet and attractive environment designed to be residential friendly, especially suited to a group of professional, general administrative and general sales offices, and personal service uses to serve the needs of the local community, together with certain commercial uses that create low levels of vehicular traffic and allow pedestrian access to the businesses.

6.062.

Permitted uses. The following uses shall be permitted:

1.

General office of less than 2,400 square feet.

2.

Place of worship.

3.

Library.

4.

Personal services to include barber/beauty shops and similar personal service shops.

5.

Medical office.

6.

Public utilities.

7.

Art gallery.

6.062.1.

Conditional uses. The following uses may be permitted subject to approval by the city planning commission in compliance with section 11.65 and subject to approval of the planning commission recommendation to the mayor and alderman per section 11.52:

1.

Retail sales (excluding restaurants, lounges, building supplies sales, and car repair/maintenance) to include retail bakery, drug store, florist, and other similar small-scale retail establishments.

2.

Book store.

3.

Music, dance, photographic, or art studio.

4.

Group home.

5.

Community center.

6.

Medical clinic.

7.

Educational facilities.

8.

Other similar uses.

9.

Accessory uses and buildings incidental to the above permitted uses.

a.

Permitted accessory uses and structures. Accessory uses and structures are permitted as per subsection 6. of section 6.02.2 in the R-1 district provided they are used in conjunction with and are incidental to a principal use or structure.

b.

An accessory building or structure that is not part of the principal structure shall be located within the buildable area of the lot or in the rear yard not less than ten feet from the rear lot line and ten feet from the side lot line.

6.063.

Uses permitted as exceptions. The following uses may be permitted as exceptions by the board of aldermen of the city:

1.

Private railroad.

2.

Cemeteries and mausoleums.

3.

Radio and television broadcasting towers.

6.06.4.

Area, yard and height regulations.

6.06.41.

Lot area. Every lot shall have an area of not less than 10,000 square feet and a lot width of not less than 75 feet at the setback line.

6.06.42.

Front yard. There shall be a front yard having a depth of not less than 25 feet.

6.06.43.

Side yard. There shall be two side yards, each having a width of not less than 15 feet. Where a lot is located at the intersection of two or more streets, the width of the yard along the side street shall not be less than 25 feet. No accessory building or structure shall project beyond the yard line of any street.

6.06.44.

Rear yard. There shall be a rear yard having a depth of lot less than 20 feet.

6.06.45.

Building height. No building shall exceed 35 feet in height.

6.06.7.

Sign regulations. As required in section 7.5.

6.06.8.

Buffer strip. Buffer strip are required in this zoning district. Regulations can be found in section 7.7.

6.07.1.

Statement of intent. Neighborhood commercial is intended to provide areas for well-planned shopping centers and independent commercial uses within carefully selected areas of the city. The commercial uses allowed in this district included uses of a higher intensity than those first allowed in the commercial office (CO) district and create non-highway level traffic. Curb cuts within this district are to be carefully monitored.

6.07.2.

Permitted uses. The following uses shall be permitted:

1.

Retail sales (individual shop of less than 10,000 square feet each).

a.

Store or shop for the use of a retail business including the following and similar uses:

1.

Bakery where the products are sold exclusively.

2.

At retail on the premises.

3.

Catering and delicatessen business.

4.

Clothing store.

5.

Department or variety store.

6.

Drug store or apothecary.

7.

Florist.

8.

Furniture store.

9.

Grocery store.

10.

Hardware store.

11.

Restaurant, including drive-ins.

12.

Commercial greenhouses or plant nurseries.

b.

Store or shop for the use of the following sales and/or service uses:

1.

Bicycle sales and repair.

2.

Laundromat.

3.

Locksmith shop.

4.

Parking garage.

5.

Parking spaces and lots for the parking of automobiles.

6.

Radio and television sales and repair, employing not more than five persons in repair services and involving no manufacturing on the premises.

7.

Shoe sales and repair.

2.

Professional office complex of more than 2,400 square feet. Offices, professional, and personal services, including the following:

a.

Barber shop, beauty shop, and similar personal service shops.

b.

Branch offices of banks, savings and loan associations, and similar institutions.

c.

Custom dressmaking, millinery, tailoring, or similar trade where the products are sold exclusively at retail on the premises.

d.

Medical, dental, and similar clinics and professional offices.

e.

Office buildings.

3.

Personal services.

4.

Instructional, artistic and commercial recreational uses as follows:

a.

Art gallery and antique shop.

b.

Book and stationary store.

c.

Business or commercial school.

d.

Interior decorating shop.

e.

Music, dancing, and art studios and academies.

f.

Photographic studios.

g.

Pool room.

h.

Theater or place of amusement, except drive-in theaters.

5.

Financial institution.

6.

Printing shop.

7.

Retail plan nursery.

8.

Educational facilities.

9.

Funeral home.

10.

Uses allowed in CO, with the exception of residential.

11.

Accessory uses and buildings incidental to the above permitted uses.

a.

Permitted accessory uses and structures. Accessory uses and structures are permitted as per subsection 6. of section 6.02.2 in the R-1 district provided they are used in conjunction with and are incidental to a principal use or structure.

b.

Rear setback set at zero feet, side setback 15 feet.

6.072.1.

Conditional uses. The following uses may be permitted subject to approval by the city planning commission in compliance with section 11.65 and subject to approval of the planning commission recommendation to the mayor and alderman per section 11.52:

1.

Retail sales (coordinated shopping center).

2.

Appliance repair (<ten employees).

3.

Contractor offices.

4.

Nursing homes, and similar institutional living.

5.

Service station.

6.

Other similar uses.

7.

Private railroad.

8.

Cemeteries and mausoleums

9.

Radio and television broadcasting towers

10.

Day care centers, day nurseries, and day care homes

6.07.4.

Area, yard and height regulations.

6.07.41.

Front yard. There shall be a front yard having a depth of not less than 25 feet. No product may be stored, displayed or offered for sale within a required front yard, and on a corner lot, within the required side yard along a side street.

6.07.42.

Side yard. On a corner lot there shall be a side yard of not less than 15 feet along the side street. Otherwise, there shall be a side yard of not less than ten feet in width.

6.07.43.

Rear yard. A rear yard is not required except where a lot abuts upon residential property or a residential district, in which case there shall be a rear yard of not less than 20 feet in depth.

6.07.44.

Building height. No building shall exceed 50 feet in height.

6.07.5.

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in section 8.2, article VIII of this ordinance.

6.07.6.

Loading requirements. One loading/unloading space on the lot shall be provided. In excess of 10,000 square feet, this shall be provided plus an additional truck parking space per 20,000 square feet.

6.07.7.

Sign regulations. As required in section 7.5.

6.07.8.

Buffer strip. Buffer strip are required in this zoning district. Regulations can be found in section 7.7.

6.08.1.

Statement of intent. General commercial is intended to provide spacious areas for general business activities and some light processing operations in areas that have toward vehicular access to major thoroughfares and highways. Visibility and direct automobile traffic areas are normally critical to businesses within this district.

6.082.

Permitted uses. The following uses shall be permitted:

1.

Retail sales (coordinated shopping center).

2.

Minor auto repair.

3.

Appliance repair (<ten employees).

4.

Contractor offices.

5.

Motels and hotels.

6.

Funeral homes.

7.

Wholesale business.

8.

Nursing homes, and similar institutional living.

9.

Light processing (assembly only).

10.

Bowling center.

11.

Laundry and dry cleaning plant.

12.

Animal hospitals.

13.

Public utilities and railroads.

14.

Grocery store.

15.

Movie theatre.

16.

Service station.

17.

Game room.

18.

Automated car wash.

19.

Accessory building and uses customarily incidental to the uses.

a.

Permitted in C-2.

20.

Uses allowed in C-1.

21.

Accessory uses and buildings incidental to the above permitted uses.

a.

Permitted accessory uses and structures. Accessory uses and structures are permitted as per subsection 6. of section 6.02.2 in the R-1 district provided they are used in conjunction with and are incidental to a principal use or structure.

b.

Rear setback set at zero feet, side setback 15 feet.

6.082.1.

Conditional uses. The following uses may be permitted subject to approval by the city planning commission in compliance with section 11.65 and subject to approval of the planning commission recommendation to the mayor and alderman per section 11.52:

1.

Vehicle sales, new and used.

2.

Major auto repair.

3.

Truck or motor freight terminals.

4.

Storage and warehousing (excludes the storage of vehicles).

5.

Millwork and/or woodworking establishments.

6.

Other similar uses.

6.083.

Area, yard and height regulations.

6.0831.

Front yard. There shall be a front yard having a depth of not less than 25 feet. No product may be stored, displayed or offered for sale within a required front yard, and on a corner lot, within the required side yard along a side street.

6.0832.

Side yard. There shall be two side yards of not less than five feet in width for buildings up to two stories. For the third story there shall be an additional five feet and an additional one foot of side yard for each story above three. On a corner lot there shall be a side yard of not less than 15 feet along the side street.

6.08.33.

Rear yard. A rear yard is not required except where a lot abuts upon residential property or a residential district, in which case there shall be a rear yard of not less than 20 feet in depth.

6.08.34.

Building height. No building shall exceed 50 feet in height.

6.08.5.

Parking regulations. Off-street parking space shall be provided in accordance with the requirements set forth in section 8.2, article VIII of this ordinance.

6.08.6.

Loading regulations. Same as those included in the C-1 district.

6.08.7.

Sign Regulations. As required in section 7.5.

6.08.8.

Buffer strip. Buffer strip are required in this zoning district. Regulations can be found in section 7.7.

(Ord. No. 1979(42-A441), § 1, 1-17-2023)

6.09.1.

Statement of intent. Central business district is intended to provide areas within the central business district for general business and services. Uses within this district should complement surrounding residential uses through appropriate pedestrian access and buffering.

6.09.2.

Permitted uses.

1.

Uses allowed in C-2.

2.

Accessory uses and buildings incidental to the above permitted uses.

a.

Permitted accessory uses and structures. Accessory uses and structures are permitted as per subsection 6. of section 6.02.2 in the R-1 district provided they are used in conjunction with and are incidental to a principal use or structure.

b.

Rear setback set at zero feet, side setback zero feet.

6.092.1.

Conditional uses. The following uses may be permitted subject to approval by the city planning commission in compliance with section 11.65 and subject to approval of the planning commission recommendation to the mayor and alderman per section 11.52:

1.

Multifamily dwelling.

2.

Vehicle sales, new and used.

3.

Storage and warehousing (excludes the storage of vehicles).

4.

Other similar uses.

6.093.

Area, yard, and height regulations.

6.0931.

Front yard. No requirements, except in the case of multiple family dwellings the requirements of the R-4 district shall apply.

6.0932.

Side yard. No requirements, except in case of multiple family dwellings the requirements of the R-4 district shall apply.

6.0933.

Rear yard. No requirements, except in the case of multiple family dwellings the requirements of the R-4 district shall apply.

6.0934.

Building height. No building shall exceed 50 feet in height.

6.094.

Parking and loading requirements.

6.0941.

Parking requirements. No off-street parking is required, except for multiple family dwellings.

6.0942.

Loading space requirements. Same as those included in the regulations for C-1, unless served by existing alleys.

6.095.

Sign regulations. As required in section 7.5.

6.098.

Buffer strip. Buffer strip are required in this zoning district. Regulations can be found in section 7.7.

6.101.

Statement of intent. The purpose of this district is to provide areas for the manufacture, storage, sale and distribution of goods, the conduct of related commercial and industrial activities, so as to provide for the continued growth of the economic base of the city. Those uses which are obnoxious or offensive by reason of emission of odor, dust, smoke, gas, noise, or vibration shall not be allowed.

6.102.

Permitted uses. The following uses are permitted:

1.

The following C-2 district uses shall be permitted:

a.

Wholesale bakeries.

b.

Commercial greenhouses and plant nurseries.

c.

Restaurants, servicing the needs of the industrial district.

d.

General service and repair establishments.

e.

Laundry and dry cleaning plants.

f.

Automobile service, repair and storage.

g.

Plumbing shops.

h.

Printing shops.

i.

Service stations and filling stations.

j.

Tinsmithing and cabinet shops.

k.

Telephone exchanges.

l.

Truck or motor freight terminals or warehouses.

m.

Wholesale business, warehousing, or service establishments.

2.

Any use of a light industrial nature, including but not limited to the following, provided that such uses shall be located no closer than 150 feet of any dwelling, school, church, or institution for human care.

a.

Manufacture and assembly of electrical appliances, electronics and communication equipment, professional, scientific and controlling instruments, and photographic or optical products.

b.

Manufacturing, compounding, assembling, or treatment of articles or merchandise from previously prepared materials such as bone, cloth, fur, cork, fiber, canvas, leather, cellophane, paper glass, plastics, horn, stone, shells, tobacco, wax, textiles, yarns, wood, and metals, including light steel, or other light metal mesh, pipe, rods, shapes, strips, wire or similar component parts.

c.

Manufacturing, compounding, processing, packaging, or treatment of cosmetics, pharmaceutical, food products, except fish and meat products, sauerkraut, vinegar yeast, and the rendering or refining of fats and oils.

d.

Manufacture of musical instruments, novelties, and molded rubber products, including tire recapping and treading.

e.

Manufacture of pottery or other similar ceramic products using only previously pulverized clay and kilns fired only by electricity or gas.

f.

Laboratories—chemical, physical, and biological.

g.

Clothing and shoe manufacturing.

h.

Carpet and rug cleaning plants.

i.

Bulk storage of petroleum products.

j.

Blacksmith, welding, machine or similar shops.

3.

Heliports.

4.

Public utilities and railroads.

5.

Any other use that is determined by the planning commission to be of the same general character as the above permitted uses, and which would not be detrimental to the public health, safety, or general welfare of the community.

6.

Accessory uses and buildings incidental to the above permitted uses.

a.

Permitted accessory uses and structures. Accessory uses and structures are permitted as per subsection 6. of section 6.02.2 in the R-1 district provided they are used in conjunction with and are incidental to a principal use or structure.

b.

Rear setback set at zero feet, side setback zero feet.

6.103.

Area, yard, and height regulations.

6.1031.

Front yard. There shall be a front yard having a depth of not less than 40 feet.

6.1032.

Side yard. On the side of a lot adjoining a residential district there shall be a side yard of not less than ten feet.

6.1033.

Rear yard. On a lot abutting on a dwelling district, there shall be a rear yard of not less than 15 feet in depth.

6.1034.

Building height. No building shall exceed 75 feet in height, but whenever any building in the I-1, light industrial district adjoins or abuts upon a residential district, any part thereof in excess of 50 feet in height shall be set back one foot from all required yard lines for each one foot of additional height above 50 feet.

6.104.

Parking and loading requirements.

6.1041.

Parking requirements.

1.

The parking regulations for permitted uses in the C-2 district shall apply to such uses when located in the I-1 district.

2.

See section 8.2, off-street parking requirements.

6.1042.

Loading requirements. One loading space shall be provided for each 20,000 square feet of floor area or fraction thereof in excess of 10,000 square feet devoted to industrial or commercial uses.

6.105.

Sign regulations. As required in section 7.5.

6.108.

Buffer strip. Buffer strip are required in this zoning district. Regulations can be found in section 7.7.

6.111.

Statement of intent. The purpose of this district is to provide areas for manufacturing or processing, storage, sale, and distribution of goods, which may require extensive transportation, water, and/or sewerage facilities as well as open space, because of the number of employees, the type manufacturing operation, or any by-products which might result from the heavier industrial plants proposed. This district provides for the conduct of related commercial and industrial activities.

6.112.

Permitted uses. The following uses shall be permitted:

1.

Any use permitted in the I-1, light industrial district provided that all provisions outlined therein shall apply for said uses in this zone.

2.

Any other building or premises may be used for any purpose not in conflict with any statute or ordinance of the city regulating nuisances; provided, however, that no building shall be erected, reconstructed, or structurally altered for residential purposes, except for resident watchmen and caretakers employed on the premises; provided that any such use shall be located at least 300 feet from any residential zone and at least 100 feet from any other district except the I-1 district; and provided further that no building or occupancy permit shall be issued for any of the following uses until and unless the location of such use shall have been approved by the mayor and board of aldermen, after report by the planning commission.

a.

Acid manufacture.

b.

Ammonia, chlorine or bleaching powder manufacture.

c.

Asphalt plant.

d.

Automobile wrecking and salvage yard.

e.

Cement, lime, gypsum, or plaster of Paris manufacture.

f.

Creosote manufacture or storage.

g.

Distillation of bones, coal, petroleum, refuse, grain, or wood.

h.

Explosives manufacture or storage.

i.

Fat rendering and fertilizer manufacture.

j.

Garbage, offal, or dead animals reduction or dumping.

k.

Gas (acetylene, illuminating, or heating) manufacture or storage.

l.

Incinerators, commercial.

m.

Paper and paper pulp manufacture.

n.

Petroleum or its products manufacture.

o.

Rock or stone crusher, mill, or quarry.

p.

Slaughtering of animals; stock yards.

q.

Smelting of tin, copper, zinc, aluminum, or iron ores.

r.

Tannery.

3.

Accessory uses and buildings incidental to the above permitted uses.

a.

Permitted accessory uses and structures. Accessory uses and structures are permitted as per subsection 6. of section 6.02.2 in the R-1 district provided they are used in conjunction with and are incidental to a principal use or structure.

b.

Rear setback set at zero feet, side setback zero feet.

6.113.

Conditional uses. The following uses may be permitted subject to approval by the city planning commission in compliance with section 11.65 and subject to approval of the planning commission recommendation to the mayor and alderman per section 11.52:

a.

Sexually oriented businesses subject to the following regulations:

i.

Sexually oriented businesses may not be operated within 1,000 feet of the following uses:

1.

A church, synagogue or regular place of public assembly.

2.

A public or private elementary or secondary school.

3.

A boundary of any single-family residential district (R-1, R-2, R-3).

4.

A public park.

5.

A licensed day-care center.

6.

Another sexually oriented business.

7.

Measurement. For the purposes of this article, all measurements shall be made in a straight line, without regard to intervening structures or objects, from the nearest portion of the building or structure used as a part of the premises where a sexually oriented business is conducted, to the nearest property line of a restricted use.

6.114.

Area, yard, and height regulations. The regulations shall be the same as for the I-1, light industrial district.

6.115.

Parking and loading regulations. The regulations shall be the same as for the I-1, light industrial district.

6.116.

Sign regulations. As required in section 7.5.

6.118.

Buffer strip. Buffer strip are required in this zoning district. Regulations can be found in section 7.7.

6.121.

Statement of intent. The purpose of this section is for the establishment of areas within the city for the development and expansion of manufactured housing parks. Furthermore, this article provides for the placement of single manufactured homes units in the rural fringe district only. These individual home sites and manufactured housing parks shall be developed and located so as to provide safe and sanitary living conditions for the occupants and to be convenient to employment shopping centers, schools, and other community facilities.

6.122.

Manufactured housing park. Manufactured housing parks hereafter developed or expanded shall comply with the following requirements.

6.1221.

Use regulations. A building or premises shall be used only for the following purposes:

1.

Manufactured housing units.

2.

Residential service activities as described in this article.

3.

Accessory uses and buildings incidental to the above permitted uses.

6.1222.

Approval of manufactured housing parks. No manufactured housing park may hereafter be developed or expanded until the site plan thereof has the approval of the city planning commission, which approval may be given, provided the plans as submitted meet the following requirements:

1.

Contents of plans. Six copies of a complete site plan of proposed manufactured housing park shall be submitted drawn at a scale of not more than 100 feet to one inch and shall show:

a.

The area and dimensions of the proposed manufactured housing park site.

b.

The street and driveway layout, including distance notations.

b.

The location and grouping of manufactured home lots.

c.

The location of all utility lines, (e.g. water, gas, sewer, electrical and TV cable), and fire hydrants.

d.

A preliminary drainage plan for the manufactured housing park prepared by a registered engineer or registered landscape architect and approved by the city engineer.

e.

Location and dimensions of all buffers, office structures, utility buildings, recreational facilities, etc.

2.

Minimum park area. Each manufactured housing park shall have a total contiguous area which shall be governed by the topography, soil type and type of sewage and waste disposal installed. Any manufactured housing park's total contiguous area shall not be less than two acres, with a minimum frontage width of 100 feet on a public street.

3.

Maximum density. The maximum density of the manufactured housing units within a manufactured housing park shall be eight units per gross acre. (Gross acreage shall include all area within the approved manufactured housing park boundaries).

4.

Manufactured housing space. Each manufactured housing space shall be clearly defined, and shall abut or face a paved street not less than 24 feet in width, with unobstructed access to a public street, and each manufactured housing space shall contain no more than one manufactured housing unit and accessory structures. The planning commission may waive the requirement of manufactured housing spaces abutting on a driveway if a paved parking lot is provided for such manufactured housing park and adequate walkways are provided to manufactured housing units.

a.

Each manufactured housing space shall contain a minimum of 4,500 square feet.

b.

Camping or recreational manufactured housing units not to exceed 40 feet in length in any district may be parked or stored in a garage or accessory building, or in the rear yard of the low owned and occupied by the owner, in which case it shall be at least ten feet from the rear and side lines and shall not be used for living or business purposes unless in bona fide recreational camping area.

c.

There shall be a minimum requirement for setback and yard space in any manufactured housing park as follows:

1.

Side yard. Ten feet for each unit or 20 feet between units.

2.

Rear yard. Ten feet rear yards 20 feet end-to-end clearance between units.

3.

Front yard. The front yard of a manufactured housing park shall be deemed to be the space between the front end of a manufactured housing existing upon said space and the right-of-way line of the abutting, internal park access street; provided further that where any manufactured housing is situated upon a space within a manufactured housing park where said space abuts a public street, the front yard space allocated for said manufactured housing unit shall be in accordance with the following; and provided further that the park developer shall be permitted to establish the front yard width for any internal manufactured housing space not abutting a public street, but in no case shall it be less than ten feet, and provided that the amount of space established for said front yard satisfies the requirements of the building inspector as for design and safety of park occupants.

4.

Front yard. The front building line shall conform to the average building line of properties within 500 feet on each side of the proposed site but in no case shall it be less than 25 feet from the right-of-way line of any major thoroughfare.

5.

Front yards on a through lot. At each end of a lot that lies between and abuts two parallel streets, there shall be a front yard of the depth required by this ordinance for the zone in which each street frontage is located.

d.

Park structures. No manufactured housing unit shall be located closer than 25 feet to any permanent building within the park except that utility and tool houses used in connection with one manufactured housing unit may be allowed in a required yard.

e.

Park boundaries. No manufactured housing unit shall be parked closer than 15 feet to any boundary line of park; provided that in sections of a manufactured housing park abutting a district zoned for single-family, no manufactured housing unit shall be parked closer than 25 feet to the boundary of a park.

f.

Accessibility to a driveway. Each manufactured housing unit shall be parked and secured to its stand and directly accessible to any conforming interior driveway or internal street.

g.

Additions to units. In no case shall additions to manufactured housing units be made, where such additional increases violate the front, side or back yard requirements of this article. Furthermore, all additions shall receive approval from the building inspection department.

h.

Foundation of manufactured housing unit. Each manufactured housing space shall have a finish grade so that no portion of the manufactured housing unit shall be underpinned at a height exceeding 24 inches. The developer of a manufactured housing park will specify the maximum length unit that can be placed in each space to comply with the above requirement. As a minimum the manufactured housing shall be underpinned with eight inches x eight inches x 16 inches concrete block and shall have solid masonry units of the same or greater plane area as a base and cap. Solid wood shimming material not exceeding one inch in total thickness may be used to level the manufactured housing unit. Underpinning piers shall be placed at a distance no greater than eight feet on center on the long axis of the manufactured housing. Said underpinning, when installed, shall be kept in a state of repair so as not to cause safety hazards. Subsequent to the completion of a manufactured housing park, the owner and/or manager of said park shall be responsible to the building inspector for compliance with the content of this paragraph.

i.

Anchoring of manufactured housing unit. All manufactured housings shall be securely anchored to the ground by an anchoring system which is approved by the state insurance commission.

j.

Street and driveway improvements. All street and driveways shall be laid out and paved in accordance with the specifications as set forth in the city subdivision regulations, and shall have a minimum pavement width of 24 feet.

k.

Street lighting. All streets or driveways within the manufactured housing park shall be lighted between sunset and sunrise with electric lights emitting light at an intensity of at least 5,000 lumens, and the light poles shall be no more than 250 feet apart.

l.

Eligibility of manufactured housing for manufactured housing occupancy.

1.

Length of residential occupancy. No manufactured housing lot shall be rented for residential use in any manufactured housing park except for a period of 30 days or more.

2.

Plumbing, heating, and electrical standards. No manufactured housing unit shall be admitted to any manufactured housing park unless it can demonstrate that it meets the current requirements of the city codes.

m.

Required utilities.

1.

Electrical supply. All electrical outlets shall be adequate and installations shall meet the requirements of the city codes.

2.

Water supply. An adequate supply of pure potable water for drinking and domestic purposes shall be supplied by pipes to all buildings and manufactured housing lots within the park. Each manufactured housing stand shall be provided with an approved cold water connection and a tap (hydrant), constructed in accordance with the city codes.

3.

Sanitation.

a.

Environmental control. The area around and underneath each manufactured housing unit shall be kept clean and free from collections of refuse, rubbish, glass bottles, or other unsightly material.

b.

Garbage receptacles. Each manufactured housing space shall be provided with an approved garbage container with a tight fitting cover. The container shall be kept in sanitary condition and shall be stored at least three inches off the ground preferably on a metal rack or hanger for such purpose. Waste shall be removed from the premises and disposed of often enough to prevent creating a nuisance or health hazard and to ensure that the garbage cans shall not overflow. With the approval of the building inspector the use of a central garbage collection system may be permitted as an alternative.

c.

Sewage disposal. Each manufactured housing stand shall be provided with sanitary sewage laterals of at least four inches in diameter which shall be fitted with accessible connections to receive waste from the shower, bath tub, flush toilet lavatory, and kitchen sink of the manufactured housing stand and shall be connected to discharge the waste into a sewer system which meets the health requirements of the city.

4.

Manufactured housing drain connections.

a.

They shall be of approved semi-rigid and non-collapsible hose, having smooth interior surfaces and no less than three inches outside diameter, nor less in size than the manufactured housing outlet. Drain connections shall be equipped with a standard screw or clamp type fitting. While a manufactured housing stand is unoccupied or the drain not in use, the sewer opening shall be closed with an approved closure or cap.

n.

Fire protection. Every manufactured housing park shall be equipped at all times with fire equipment in good working order and of such type, size, number and location as to satisfy applicable fire regulations of the city.

o.

Required recreation area. A minimum of ten percent of the gross acreage of the manufactured housing park shall be set aside for the recreational use by residents of the manufactured housing park. Said recreational park shall be one contiguous tract or several tracts, in the event of which no single tract may be smaller than one-half acre and located within the manufactured housing park in such a manner as to be convenient to all its residents. The recreational park shall be located on land suitable for park development.

p.

Required buffers.

1.

Manufactured housing parks shall be surrounded by strips at least 15 feet in depth on the sides and rear and 25 feet in depth along the front.

2.

Buffers shall be attractively landscaped and neatly maintained, and shall otherwise be unoccupied except for permitted utility facilities, signs, or entrance ornamentations.

3.

The inside ten feet of the 25-foot front buffer may be used for street or driveway right-of-way or for recreational facilities.

q.

Screening. Any portion of the property a manufactured housing park abutting any existing residential, commercial, or industrial use shall be screened therefrom by one of the following:

1.

A five-foot high masonry wall with no more than 75 percent penetration;

2.

A fence with a minimum height of five feet and no more than 75 percent penetration; or

3.

A dense evergreen foliage maintained to a minimum height of five feet.

4.

Such screening shall be erected and maintained by the owners of the manufactured housing park.

r.

Residential service activities permitted. Coin-operated laundries for the use of the residents of the manufactured housing park shall be permitted within enclosed buildings inside the park. Building structure containing said laundries may also contain vending machines and recreational rooms and activities. More intensive commercial uses than these specified herein are strictly prohibited.

s.

Parking. Automobile parking within any manufactured housing park shall be only within areas designated on the development plan or plat; provided in or within 150 feet of every manufactured housing lot; and that off-street parking space for visitors, at a ratio of one 300-square-foot parking space for every six manufactured housing lot will be provided in the park in convenient locations.

t.

The regulations governing manufactured housing parks prescribed by the health department as well as other city, county or state regulations, shall be complied with.

6.113.

Single manufactured homes or mobile home units or modular home units not in manufactured housing parks. Manufactured homes, mobile home units or modular home units existing upon parcels of land outside of manufactured housing parks shall comply with the following regulation:

1.

Any mobile homes or manufactured housing unit presently existing as a primary owner/occupied residence lawfully inside the city on the date of the passage of this ordinance may be replaced by a newer and improved manufacture housing unit of equal or larger heated square footage, provided the following terms and conditions are met: Any such person desiring to replace an existing mobile home or manufactured housing unit within the city may do so with the intent of upgrading or improving the existing mobile home or manufactured housing unit, or with the intent of replacing a damaged or destroyed mobile home or manufactured housing unit, provided a permit is obtained from the city building inspector prior to doing so. The applicant will provide at a minimum to the city building inspector the make, model, and year of manufacture of both the existing mobile home or manufactured housing unit and the proposed replacement manufactured housing unit; a specification sheet of the replacement manufactured housing unit and full-view pictures of the replacement manufactured housing unit; the name and contact information of the person, persons, company, or companies who will be moving the manufactured housing unit; the moving company must show proof of licensing and bond to the city building department; and a written explanation of how the replaced mobile home or manufactured housing unit will be disposed. Additionally, the building inspector will be provided with a site plan sketch indicating the exact location on the lot the proposed replacement manufactured housing unit will be in order to ensure that setback requirements are met.

A mobile home replacement permit application fee of $25.00 will be paid by the applicant to the city building department at the time of application. The city building inspector will make a determination as to whether or not the proposed replacement manufactured housing unit is indeed newer and in better condition than the existing mobile home or manufactured housing unit, and shall either issue a mobile home replacement permit or deny the request within seven days of receiving the application. The mobile home replacement permit will apply only to the specific make, model, and year of the manufactured housing unit listed as the replacement home on the application, and will expire after a period of 30 days from its issuance. Upon installation of the replacement manufactured housing unit, the city will require that the replacement manufactured housing unit be securely anchored to the ground by an anchoring system, which is approved by the state insurance commission. The replacement manufactured housing unit shall be skirted completely around its circumference with a material consistent in texture and color to the manufactured housing unit. The skirting material must extend to either the top of the ground or to the top of the foundation upon which the manufactured housing unit rests. The skirting and anchoring requirements will remain in effect throughout the lifetime of the manufactured housing unit.

In the event the city building inspector denies the permit application, the applicant will be notified in writing of the reason(s) for the denial. The applicant may appeal the matter before the board of alderman within 30 days of receiving written confirmation of the denial from the city building department.

2.

During the replacement of the mobile home or manufactured housing unit, under no circumstances will the mobile home or manufactured housing unit to be replaced be allowed to remain on the property along with the replacement mobile home for a period of more than seven days. Any such owner failing to have the replaced mobile home removed within the allotted period will be cited by the appropriate representative of the city building department and may be fined up to $25.00 per each day of non-compliance upon conviction in municipal court.

If the replaced mobile home or manufactured housing unit is still present on the property along with the replacement manufactured housing unit after a period of 30 days, then the city, upon written notification to the owner, and upon posting of a notification on the front door of the replaced mobile home or manufactured housing unit, may hold a hearing conducted by the board of aldermen to determine if the city should remove the replaced mobile home or manufactured housing unit and attach a lien to the real property upon which the unit is located for the amount of the costs associated with the removal and disposal of the replaced mobile home or manufactured housing unit.

3.

Any mobile homes or manufactured housing unit presently existing as a primary owner/occupied residence lawfully inside the city on the date of the passage of this ordinance may be repaired, enlarged, or improved upon, provided the proposed construction is in compliance with the building and zoning codes of the city and the proper building permits are obtained.

4.

In the event any mobile home or manufactured housing unit presently existing not in a manufactured housing park inside the city is moved or removed in a manner not in compliance with the terms and conditions of this ordinance, then the subsequent use of the land or lot upon which the mobile home or manufactured housing unit was previously located shall conform to the regulations specified by the comprehensive zoning law for the city for the district in which such land is located.

6.20.1.

Statement of intent. The planned unit development is a special overlay that provides an alternate approach to conventional land use controls. As a type of development and as a regulatory process, the PUD offers increased design flexibility for a large site and is subject to special review procedures. Once the planned unit development is approved, it becomes an overlay for the property it represents. The PUD designation shall be applied as an overlay to any one or more conventional districts, except the MHP, and I districts, which shall delineate segments of the PUD for the purpose of establishing the permitted uses. The PUD shall be designated by a special symbol for its boundaries on the zoning district map. The housing types, minimum lot requirements, maximum height, minimum yard requirements and accessory signs shall be determined by the requirements and procedures set forth in this article, which shall prevail over conflicting requirements of this chapter. An approved PUD designation shall be subject to the conditions imposed thereon. In addition, the PUD shall be subject to the regulations of the district(s) in which it is located not in conflict with any of the imposed conditions.

6.20.2.

Purpose. The purpose of the planned unit development designation is to provide a means for developing open space in larger developments, to take advantage of natural features of the landscape in this design, to improve the quality of the urban environment and to reduce the costs of developing and providing public resources and utilities. The owners of any tract of land containing at least ten acres may submit a plan for the use and development of the entire tract for residential, compatible business, and related uses as a single and unified project. The basic control of development intensity shall be the requirements of one or more of the residential districts. The cluster development concept may be used under the planned unit development regulations. The planned unit development shall be an overlay district providing broader latitude of design to achieve the stated goals.

The planned unit development allows a development to be planned and built as a unit and which, as a result, permits variations in many of the traditional controls related to density, land use, setbacks, open space, and other design elements, and the timing and sequencing of the development. PUD, therefore, is both a type of development and a regulatory process. As a development type, PUD permits: flexibility in site design that allows buildings to be clustered; mixtures of housing types such as detached houses, townhouses, or garden apartments; combining housing with such other ancillary uses as neighborhood shopping centers; better design and arrangement of open space; and retention of such natural features as flood plains or steep slopes. PUD offers greater opportunities for providing mixed-income housing.

6.203.

Specific goals. The PUD district will be applied where it will help to accomplish the following specific purposes:

(a)

Encourage diversified living environments, and accommodate a mixture of land uses that otherwise would not be allowed together on the same site;

(b)

Permit flexibility within the development with respect to area and density standards to best utilize the physical features of a particular tract of land;

(c)

Provide and preserve meaningful open space, particularly where it is necessary or desirable for such common areas to be shared by more than one owner;

(d)

Encourage a more efficient use of land, public services, and natural resources than is generally achieved through conventional development;

(e)

Provide a smooth transition from surrounding densities, intensities, and uses with those proposed in the PUD; and

(f)

Provide amenities beyond the minimum requirements of conventional development.

6.204.

Application of district. The requirements of this section shall apply to all proposed PUDs. The review and approval of PUDs shall be coordinated with the review and approval of any Subdivision Plat and/or site plan required. An application for PUD approval and any required application for preliminary subdivision plat and/or site plan approval shall be filed simultaneously and coordinated.

6.205.

Permitted uses. At the time of recommending approval of a PUD, the planning commission shall designate a list of Permitted Use groups and categories for the PUD, subject to the following conditions:

(a)

Where there is more than one zoning district applicable to the property subject to a PUD application, the permitted uses in the PUD shall be proportional to the respective land areas contained in each underlying zoning district.

(b)

The board of aldermen, after considering the recommendations of the planning commission, may do any of the following:

(1)

Eliminate from a proposed PUD one or more use groups or categories permitted in the districts applicable to the property prior to the application of the PUD;

(2)

Impose limitations on the quantity or intensity of one or more use groups or use categories;

(3)

Impose restrictions on the locations of particular use groups or categories;

(4)

Remand to the PUD application to the planning commission; or

(5)

Approve or deny the PUD application.

6.206.

Minimum district size. Minimum area for a PUD district shall be ten contiguous acres. In designated redevelopment areas and tax abatement districts, the board of aldermen may reduce the minimum area required for a PUD by up to 50 percent.

6.207.

Recreational and open space requirements.

(a)

A PUD shall provide appropriate open space as recommended by the planning commission and as approved by the planning commission to serve as a buffer between a PUD and the surrounding neighborhood when deemed necessary and approved by the planning commission for a smooth transition.

(b)

Each PUD shall provide at least 20 percent of the total development proposed for passive or active recreational purposes, suitable for the proposed development, and shall be developed in accordance with appropriate standards and be contiguous except where otherwise deemed necessary.

(c)

Any required open space which is not dedicated to the city shall be conveyed to a property owners' association with appropriate restrictions recorded in the deed to the property which restrict the use of such land and facilities to open space and recreational uses, as shown on the PUD's subdivision final plat.

(d)

Any proposed dedication of open space or recreational property to the city within a PUD must be appropriately documented in writing prior to action by the planning commission. If open space or recreational property within a PUD is dedicated to the city, public access to the property must be maintained.

6.208.

Minimum lot size. The minimum area and width of residential lots established within a PUD shall not be less than two-thirds of the requirement of the district in which the lot is located. In no case shall a single family residential lot be created with an area of less than 5,000 square feet or a lot frontage of less than 35 feet.

6.209.

Buffer areas. All landscape buffer areas installed in the PUD, pursuant to the requirements of section 7.7 of this ordinance, shall be conveyed to a property owners' association for the purpose of ongoing maintenance of the buffer area. Such landscape buffer areas shall not be platted into individual building lots or as part of an individual building lot, unless the lot into which the buffer area is platted exceeds 10,000 square feet.

6.210.

Minimum off-street parking. Off-street parking shall meet the minimum requirements of this ordinance. Design and improvements of such parking shall also conform to this ordinance and other applicable regulations. Innovative design, arrangement and improvements of streets and driveways shall be considered, and may be approved as long as they are designed and implemented in compliance with city standards.

6.211.

Streets and street connections.

(a)

The board of aldermen may approve a PUD with private streets, provided that such streets shall conform to the minimum design widths and other design specifications as set by the city and shall be constructed in accordance with the city's standards applicable to public streets.

(b)

If a PUD is approved with private streets, then such streets shall be subject to reciprocal easements providing full rights of access to all property owners, their servants and guests; the applicant shall also provide a fiscally sound mechanism for the ongoing maintenance of the streets. The reciprocal easements shall provide for full access to all public vehicles conducting official business, including emergency vehicles. Easements must be provided at a minimum width to allow access for emergency vehicles. To the extent that the easements limit access to delivery or service vehicles, that fact shall be clearly disclosed on the face of the plat and on all sales documents for the project. The instruments providing for the protection of rights-of-way and maintenance of the streets shall be subject to review and approval by the board of aldermen; approval of the project may be made contingent on changes to the instruments to address issues of access and maintenance. The applicant shall provide the city with an executed, recorded copy of such instruments prior to final approval of a plat for all or any portion of the project.

6.212.

Sidewalks and pedestrian connections. Sidewalk standards shall not be waived for a PUD but may be replaced by equivalent, alternative pedestrian/bicycle connections, which shall link with the sidewalk and pedestrian circulation system of the city.

6.213.

Development standards and improvement requirements.

(a)

Unless approved as an exception by the board of aldermen as a part of the approval of a PUD, all development within a PUD shall conform to the applicable development standards and improvement requirements for underlying district(s).

(b)

The board of aldermen may, as a part of the approval of a PUD, approve the following exceptions to development standards, provided that the board of aldermen determines that other proposed improvements and buffers will perform as well as or better than those required by minimum standards set out in this chapter:

(1)

Lot dimensions;

(2)

Setbacks;

(3)

Parking;

(4)

Interior landscaping; and/or

(5)

Buffering.

Non-residential uses in PUDs containing both residential and nonresidential uses shall be designed, located, and oriented on the site so that such uses are directly accessible to residents of the PUD. For the purposes of this section, directly accessible shall mean pedestrian/bicycle and automobile access by way of improved sidewalks or paths and streets that do not involve leaving the PUD or using a major thoroughfare. "Directly accessible" does not necessarily mean that nonresidential uses need to be located in a particular location but that the siting of such uses considers the accessibility of the residential component of the PUD to the nonresidential use.

6.214.

Phasing of development.

(a)

In the case of a phased PUD where a majority of the PUD is residential, construction of the nonresidential portions of the PUD, phase or section, shall be designed and phased to ensure that the impacts of the development upon the surrounding community and properties will not be detrimental or a deterrent to further residential development of the community and adjacent properties. Impact of the nonresidential portion includes, but is not limited to, the visual impact and perception of the nonresidential development. Construction of the nonresidential development which is part of the PUD shall commence no earlier than such time as the building official has determined that building permits have been issued for 25 percent of the dwelling units in the PUD, or that phase of the PUD of which the residential development is part, unless another schedule which fulfills the intent of this section has been approved by the board of aldermen as part of the PUD's subdivision final plat.

(b)

In the case of a phased PUD in which a majority of the PUD is non-residential, construction of the residential portions of the PUD, phase or section, shall be designed and phased to ensure that the impacts of the nonresidential development upon the surrounding community and properties will not be detrimental or a deterrent to further residential development of the community and adjacent properties. Impact of the nonresidential portion includes but is not limited to the visual impact and perception of the residential development. Construction of the residential development which is part of the PUD shall commence no earlier than such time as the building official has determined that building permits have been issued for 25 percent of the total floor area of the nonresidential uses in the PUD, or that phase of the PUD of which the residential development is part.

(c)

All public open space accepted by the city shall be dedicated and completed before the final plat is filed and recreational amenities completed before certificates of occupancy are issued for more than 50 percent of the dwelling units in the PUD or, if the approved PUD subdivision final plat divides the PUD into phases, in that phase of the PUD in which the amenity is located.

6.215.

Effect. Approval of a PUD plan shall create a special PUD overlay district for the affected property. The provisions of the PUD plan shall, to the extent inconsistent with otherwise applicable regulations for the underlying district, supersede such regulations. The entire PUD plan shall be construed as a single, interrelated approval. Failure of the applicant to conform to the provisions of the PUD plan shall provide grounds for the city to vacate the plan approval, subjecting undeveloped portions of the property to the regulations of the underlying district.

6.31.

Special zoning districts. For the purposes of this ordinance, there are two types of special districts: overlay zones and floating zones.

6.32.

Purpose of overlay district. An overlay district is a mapped zone that imposes a set of requirements in addition to those of the underlying zoning district. In an area where an overlay zone is established, property is placed simultaneously in the two zones, and the land must be developed only under the conditions and requirements of both zones or the more restrictive of the two. The purpose of overlay zones is to deal with a special public interest in a specific geographic area.

6.33.

Development procedures. Unless otherwise noted, applications for development shall be handled administratively.

6.34.

Dissolution of a PUD for inactivity. If start of construction has not begun in accordance with the PUD plan within five years of the approval of the PUD plan, the overlay is dissolved.