For the purpose of the regulations of this article, the following districts are designated:

(Code 1978, § 5-2-1; Ord. No. 409, 7-11-1978)

The boundaries of the districts set forth in section 38-21 are established as shown on a map entitled "Official Zoning Map of Prophetstown, Illinois," which map is made a part of this article by reference, and shall be and remain on file in the office of the city clerk.

(Code 1978, § 5-2-2)

(a)

The district boundary lines on the zoning map are intended to follow lot lines, the centerlines of roads, the centerlines of roads projected, railroad rights of way, or the corporate limit lines, all as they existed at the time of the effective date of the ordinance from which this article is derived; but where a district boundary line does not clearly coincide with lot lines, it shall be determined by scaling.

(b)

Where a district boundary line divides a lot which was in single ownership and of record at the time of enactment of these regulations, the use authorized on and the other district requirements applying to the less restricted portion of such lot shall be considered as extending to the entire lot, provided that where the more restricted portion of such lot is more than 50 feet beyond the dividing district boundary line, such less restricted use shall be limited to the portion of the lot lying within 50 feet of the boundary line.

(c)

Questions concerning the exact location of district boundary lines shall be determined by the board of appeals according to rules and regulations which it may adopt, as herein provided under section 38-558(c).

(Code 1978, § 5-2-3)

All territory which may hereafter be annexed to the community shall be placed in the A-1 Agricultural District until such classification shall have been changed by amendment of the regulations as provided herein.

(Code 1978, § 5-2-4)

Except as herein provided, no building, structure or land shall hereafter be used and no building or part thereof or structure shall be erected, constructed, reconstructed, occupied, moved, altered or repaired, except in conformity with the regulations herein specified for the class of district in which it is located.

(Code 1978, § 5-2-5)

Any building, structure or use lawfully existing at the time of the enactment of these regulations may be continued, except certain nonconforming uses as provided in section 38-28. Nothing in this article shall prevent the strengthening or restoring to a safe condition any part of any building or structure declared unsafe by the zoning administrator.

(Code 1978, § 5-2-6)

(a)

Except as provided in subsection (b) of this section:

(1)

Any nonconforming building or structure which has been or may be damaged by fire, flood, explosion, earthquake, war, riot or other act of God, may be reconstructed and used as before, if it be done within 12 months of such calamity, unless damaged more than 100 percent of its fair market value, as determined by the board of appeals, at the time of such damage, in which case reconstruction shall be in accordance with the provisions of this article.

(2)

No building, structure or premises where a nonconforming use has been or may be discontinued for more than one year, or has been or may be changed to a use permitted in the district in which it is located, shall again be devoted to a nonconforming use.

(3)

Any nonconforming use of land not involving any structure, and any nonconforming outdoor advertising sign or outdoor advertising structure may be continued for a period not to exceed three years after enactment of the regulations, whereupon such nonconforming use shall cease or structure shall be removed.

(4)

Any building or structure devoted to a nonconforming use with a fair market value of less than $500.00, as determined by the board of appeals, may be continued for a period not to exceed three years after enactment of the regulations, whereupon such nonconforming use shall cease and thereafter such building or structure shall be removed or changed to a conforming use.

(b)

The foregoing provisions under subsections (1)—(4) of this section, insofar as these limit reconstruction or require certain uses to cease or buildings or structures to be removed or changed, shall not be applicable where any such building, structure or use would be conforming under the land use plan.

(Code 1978, § 5-2-7)

No lot created after the effective date of the ordinance from which this article is derived shall contain any building used as a dwelling unless it abuts at least 37.5 feet on a street or has a permanent exclusive nonobstructed easement of access not less than 37.5 feet wide to a street.

(Code 1978, § 5-2-8)

(a)

Existing lots of record. In any district where dwellings are permitted, a one-family detached dwelling may be constructed on any lot of official record at the time of the effective date of the ordinance from which this article is derived, the owner of which does not own any adjoining property, provided that proposed yard spaces satisfy requirements stipulated for the district in which the lot is located, or requirements as may be modified by the board of appeals. However, no lot of any size may be built upon unless the county board of health approves the method of sewage disposal and source of water supply.

(b)

Required yard restrictions.

(1)

No lot, yard, court, parking area or other open space shall be so reduced in area or dimension as to make any such area or dimension less than the minimum required by this article, and if already less than the minimum required, it shall not be further reduced. No required open space provided about any building or structure shall be included as part of any open space required for another building or structure.

(2)

The space occupied by a required private garage or parking area shall be considered the same as any required open space provided about a principal building, and such space shall not be reduced or included as any part of any required open space for another building or structure.

(Code 1978, § 5-2-9)

No accessory building shall be erected in any yard other than a rear yard and it shall occupy less than 30 percent of a required rear yard. Accessory buildings shall be limited to 15 feet in height, and shall be distant at least three feet from all lot lines of adjoining lots which are in any R district and at least six feet from alley lines and six feet from any other building or structure on the same lot.

(Code 1978, § 5-2-10)

The conversion of any building into a dwelling, or the conversion of any dwelling so as to accommodate an increased number of dwelling units or families, shall be permitted only within a district in which a new building for similar occupancy would be permitted under the regulations, and only when the resulting occupancy will comply with the requirements governing new construction in such district with respect to minimum lot size, lot area per dwelling unit, dimensions of yards and other open spaces, and off-street parking. Each conversion shall be subject also to such further requirements as may be specified herein within this article applying to such district.

(Code 1978, § 5-2-11)

In any district on any corner lot, no fence, structure or planting shall be erected or maintained within 20 feet of the corner so as to interfere with traffic visibility across the corner.

(Code 1978, § 5-2-12)

Essential services shall be permitted as authorized and regulated by law and other regulations of the county, it being the intention hereof to exempt such essential services from the application of the regulations.

(Code 1978, § 5-2-13)

In any district, spaces for off-street parking and for loading or unloading shall be provided in accordance with the provisions of article IV of this chapter.

(Code 1978, § 5-2-14)

Nothing herein contained shall require any change in the overall layout, plans, construction, size or designated use of any development, building, structure or part thereof, for which official approvals and required building permits have been granted before enactment of these regulations, the construction of which, conforming with such plans, shall have been started prior to the effective date of the ordinance from which this article is derived and completion thereof carried on in a normal manner within the subsequent six month's period, and not discontinued until completion, except for reasons beyond the builder's control.

(Code 1978, § 5-2-15; Ord. No. 409, 7-11-1978)

(a)

Principal uses. The principal uses permitted in F-1 districts are as follows:

(1)

Agriculture, including customary agricultural buildings and structures but not including permanent dwellings, nurseries and greenhouses.

(2)

Baseball or football fields, provided that the location of such field shall comply with the distance requirements in section 38-60.

(3)

Public parks, playgrounds and community centers; private recreation area and facilities, including country clubs, golf courses, riding stables, fishing lakes and boat docks.

(4)

Essential services as defined in section 38-1.

(b)

When authorized by the board of appeals. The following uses are permitted when authorized by the board of appeals:

(1)

Outdoor rifle or skeet shooting ranges; on-premises located as to comply with three times the distance required in section 38-60 and which premises are suitable for such use, for reasons, among others, of topography, screening by trees or other features, and also in consideration of the present and potential use of adjacent properties.

(2)

Gravel pits, mines and stone quarries located as to comply with two times the distance required in section 38-60.

(3)

Any other use which, in the opinion of the board of appeals, will not, when located, constructed and operated as proposed, be inconsistent with the purposes intended to be served by the provisions prescribed in this division for the F-1 district, among others, of protecting human life, preventing material losses and reducing the cost to the public of relief or rescue efforts occasioned by the unwise occupancy of areas subject to floods; and which use, at the same time, will not impair the present or potential use of adjacent properties.

(c)

Accessory uses. Accessory uses are permitted as follows:

(1)

Accessory uses and structures customarily incidental to a permitted principal use in the F-1 district.

(2)

Any other accessory use that is determined by the board of appeals to be necessary and incidental to any aforesaid permitted use and located on the same lot therewith, but not including any permanent residence except for a watchman or caretaker employed on the premises.

(Code 1978, § 5-3-1)

All uses, buildings or premises, for which compliance with the distance requirement in this section is required by this division, shall be a distance of at least 200 feet from any lot in an R district, or any lot occupied by a dwelling or by any school, church or institution for human care.

(Code 1978, § 5-3-2)

No principal structure shall exceed 2½ stories or 35 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in section 38-470.

(Code 1978, § 5-3-3)

The following minimum requirements shall be observed, subject to the additional requirements exceptions and modifications in sections 38-472 and 38-471:

(a)

Principal uses. The principal uses permitted in C-1 districts are as follows:

(1)

Agriculture and agricultural buildings including farm houses.

(2)

Public parks, playgrounds and recreational areas.

(3)

Essential services as defined in section 38-1.

(b)

When authorized by the board of appeals. The following uses are permitted when authorized by the board of appeals:

(1)

Sanitary landfills, in accordance with county and state regulations except that no sanitary landfill shall be operated within 1,320 feet of any R district.

(2)

Removal and loading of limestone, minerals, sand or gravel, including equipment, buildings or structures for screening, crushing, mixing, washing or storage located not less than 500 feet from any R district, and suitably distant or properly screened from any designated scenic highway.

(3)

Privately operated country clubs, golf courses, marinas or docking facilities, guest ranches, swimming clubs, riding stables, lakes, resorts and similar recreational uses, provided that any principal or accessory building in connection therewith shall be located above flood hazard elevation and not less than 200 feet from any lot in an R district.

(4)

Signs not exceeding 32 square feet in area pertaining to a permitted recreation use or areas of scenic beauty, provided such signs shall be set back at least 30 feet from any right-of-way and there shall be a distance of 300 feet between all such signs.

(5)

Billboards and signs, set back at least 25 feet from property lines.

(c)

Accessory uses. Accessory uses are permitted as follows:

(1)

Real estate signs of a temporary nature not exceeding two in number per lot nor larger than 12 square feet and set back 20 feet from any roadway.

(2)

Signs not exceeding four square feet in area indicating the type of plant being grown or the type of fertilizer being used.

(Code 1978, § 5-4-1)

No principal structure shall exceed 2½ stories or 30 feet in height, and no accessory structure shall exceed 15 feet in height, except as provided in section 38-470.

(Code 1978, § 5-4-2)

The following requirements shall be observed for buildings one to 2½ stories in height, subject to the additional requirements, exceptions and modifications in sections 38-471 through 38-473:

(a)

Principal uses. The principal uses permitted in A-1 districts are as follows:

(1)

Any use or structure permitted and as regulated in section 38-83, except as herein modified.

(2)

Cemeteries of ten acres or more in size.

(3)

Churches, chapels or parish houses located not less than 20 feet from any side lot line in any R district.

(4)

Any building or structure occupied or used for nursery, elementary, junior high or high schools, public libraries and similar public cultural uses located not less than 20 feet from any side lot lines.

(5)

Sale of nursery and greenhouse products.

(6)

Railroad rights of way and trackage, not including switching, storage, terminal facilities or freight yards.

(7)

Single-family detached dwellings.

(8)

Transformer stations and booster or pressure regulating stations, without service yard or storage.

(b)

When authorized by board of appeals. The following uses are permitted when authorized by the board of appeals:

(1)

Any use as regulated in section 38-83(b), except as hereafter modified.

(2)

Airports and landing fields.

(3)

Billboards and signs, set back at least 25 feet from property lines.

(4)

Customary incidental home occupations, subject to regulations in this division, such as handicraft, dressmaking, millinery, barber shops, beauty shops and preserving, but not including, dancing or music schools with more than one pupil at one time, or similar activity carried on solely by resident occupants within their residence, subject to the following provisions:

a.

That no more than one room is used for such purposes by any resident family;

b.

That no such use shall require internal or external alterations or involve construction features or the use of mechanical equipment not customary in dwellings;

c.

That anything not produced on the premises is sold or offered for sale; and

d.

That no display of goods or services pertaining to such is visible from the street or road.

(c)

Accessory uses. Accessory uses are permitted as follows:

(1)

C-1 district accessory uses (section 38-83(c)).

(2)

Private garages or parking areas.

(3)

Living quarters of persons employed on the premises.

(4)

Signs as regulated by article III of this chapter.

(Code 1978, § 5-5-1)

No principal structure shall exceed 2½ stories or 30 feet in height, and no accessory structure shall exceed 15 feet in height, except as provided in section 38-470.

(Code 1978, § 5-5-2)

The following minimum requirements shall be observed for buildings one to 2½ stories in height subject to the additional requirements, exceptions and modifications in sections 38-471 through 38-473. Each lot shall contain a minimum area of five acres.

(a)

Principal uses. Any use or structure permitted and as regulated in subsection 38-114(a), except as herein modified.

(b)

When authorized by board of appeals. The following uses are permitted when authorized by the board of appeals:

(1)

Any use as regulated in subsection 38-114(b), except as herein modified.

(2)

Transformer stations and booster or pressure regulating stations, without service yard or storage.

(3)

Residence development projects.

(c)

Accessory uses. Accessory uses are permitted as follows:

(1)

A-1 Agricultural District accessory uses.

(2)

A sign flat against a building appertaining to a nonconforming use on the premises, not exceeding in the aggregate 50 square feet in area.

(Code 1978, § 5-6-1; Ord. No. 409, 7-11-1978)

No principal structure shall exceed 2½ stories or 30 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in section 38-470.

(Code 1978, § 5-6-2; Ord. No. 409, 7-11-1978)

Each one-family residence shall be located on a lot containing 7,500 square feet. Each structure containing more than one family shall be located on a lot having an area of 5,000 square feet for each family. Larger lots may be required where results of percolation tests indicate the need for a larger disposal field. Such tests shall be submitted to the county board of health prior to construction. The following minimum requirements shall be observed, subject to the additional exceptions and modifications in sections 38-471 through 38-473, inclusive:

(a)

Principal uses. The principal uses permitted in R-2 districts are as follows:

(1)

Any use or structure permitted and as regulated in section 38-146(a), except as herein modified.

(2)

Two-family dwellings.

(b)

When authorized by board of appeals. The following uses are permitted when authorized by the board of appeals:

(1)

Any use as regulated in section 38-146(b), except as herein modified.

(2)

Dwelling groups (see section 38-371).

(3)

Parking areas accessory to a use in an adjoining less restricted district, when abutting or directly across an alley, subject to the applicable conditions stipulated in article IV of this chapter, and such further conditions as may be stipulated by the board of appeals.

(4)

Hospitals, sanitariums and nursing homes, provided that any such buildings shall be at least 50 feet from any lot in any R district. Hospitals shall be located on lots of five acres or more, sanitariums on lots of ten acres or more and nursing homes on lots of 20,000 square feet or more.

(5)

Residence development projects exempt from district height regulations (see section 38-372).

(c)

Accessory uses. Accessory uses are permitted as follows:

(1)

R-1 Residence District accessory uses (see section 38-146(c)).

(2)

Signs as regulated by this division.

(Code 1978, § 5-7-1)

No principal structure shall exceed 2½ stories or 30 feet in height, and no accessory structure shall exceed one story or 15 feet in height, except as provided in section 38-470.

(Code 1978, § 5-7-2)

The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications in sections 38-471 through 38-473, inclusive. Each one-family residence shall be located on a lot containing at least 7,500 square feet. Each structure containing more than one family shall be located on a lot having an area of 5,000 square feet for each family.

(a)

Principal uses. The principal uses permitted in R-3 districts are as follows:

(1)

Any use or structure permitted and as regulated in subsection 38-180(a), except as herein modified.

(2)

Dwellings for any number of families.

(3)

Boardinghouses and lodginghouses.

(b)

When authorized by board of appeals. The following uses are permitted when authorized by the board of appeals:

(1)

Any use as regulated by subsection 38-180(b), except as herein modified.

(2)

Office of civil, religious or charitable organizations and financial or insurance institutions conducting their activities primarily by mail and not handling merchandise or rendering services on the premises.

(3)

Physicians and dentists offices and private clinics for human care, professional offices of architects, engineers, lawyers and the like; offices devoted to real estate, insurance, management and similar enterprises when conducting their activities primarily by mail or telephone and not displaying or handling merchandise on the premises.

(c)

Accessory uses. Accessory uses are permitted as follows:

(1)

R-1 Residence District accessory uses (see subsection 38-180(c)).

(2)

Signs as regulated by subsection 38-180(c)(2).

(Code 1978, § 5-8-1; Ord. No. 409, 7-11-1978; Ord. No. 610, 4-9-1996)

No principal structure shall exceed six stories or 75 feet in height, at the required front, side and rear yard lines, other than as provided in section 38-470, except that one foot may be added to the height permitted for each one foot that the building is set back from the required yard lines and that one foot be added to the minimum lot width for each one foot that the building exceeds six stories or 75 feet in height.

(Code 1978, § 5-8-2; Ord. No. 409, 7-11-1978)

(a)

The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications in sections 38-471 through 38-473, inclusive. Each structure hereafter erected for use as a multi-family residence shall be located on a lot containing at least 7,000 square feet. Each structure hereafter erected or structurally altered for use as a multi-family residence shall be located on a lot having an area of 3,000 square feet for each of the first 16 living units, and an area of 2,000 square feet for each additional living unit.

(b)

No lot shall be built upon or used for the above purposes unless a sewage disposal system and a safe water supply approved by the county board of health and the state department of health are provided to each lot by the owner or developer.

(Code 1978, § 5-8-3; Ord. No. 485, 11-9-1982)

(a)

Principal uses. The principal uses permitted in B-1 districts are as follows:

(1)

Any use or structure permitted and as regulated in section 38-203(a), except as herein modified.

(2)

Any retail business establishment, such as appliance store, auto accessory store, bakery with baking limited to goods for retail sales on the premises, book or stationery store, cafe or restaurant, camera or photographic supply shop, candy or ice cream store, delicatessen, drug store, fabric shop, floor-covering store, florist shop, furniture store including incidental upholstering, gift shop, grocery store, haberdashery or women's ready-to-wear shop, hardware or paint store, hobby shop, jewelry store, meat market, shoe store and variety store.

(3)

Any service establishment, such as a bank or other financial enterprise, barber or beauty shop, business or professional office, clothes cleaning or laundry pick-up station, funeral home, theater and self-service laundry.

(4)

Bus terminal.

(5)

Business or trade school.

(6)

Commercial parking lot.

(7)

Department store.

(8)

Hotels and motor hotels.

(9)

Meeting halls, club and fraternal organization.

(10)

Music and dancing studio.

(11)

Public parking lot, customer and other accessory parking area, subject to the applicable provisions of article IV of this chapter.

(12)

The following uses when occupying a completely enclosed building located at least 100 feet from any R district:

a.

Dance hall, bar or cocktail lounge, nightclub and similar enterprise.

b.

Furniture upholstering shop, only when operated in conjunction with a retail business on the premises.

c.

Printing, publishing, engraving or lithographing shop.

d.

Laundry and dry cleaning shop.

(13)

Other business, professional or service establishments.

(b)

Accessory uses. Other accessory uses customarily incidental to a permitted use, including signs as regulated by article III of this chapter.

(c)

Prohibited uses. Residences, including mobile homes.

(Code 1978, § 5-9-1)

No structure shall exceed three stories or 45 feet in height, except as provided in section 38-470.

(Code 1978, § 5-9-2)

The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications in sections 38-472 and 38-473:

No person residing in a dwelling unit located within the B-1 Retail Business District shall keep any dogs or cats within the dwelling unit other than those which qualify as service animals pursuant to state or federal law. Individuals maintaining service animals shall, upon reasonable inquiry, provide the city with documentation from a healthcare provider confirming the status of any service animal. The limitations of this section do not apply to hospitals, clinics, or other facilities operated by a licensed veterinarian for the care and treatment of animals, or a commercial establishment offering boarding and/or grooming services.

(Ord. No. 783, § 1, 1-13-2015)

(a)

Principal uses. The principal uses permitted in B-2 districts are as follows:

(1)

Any use or structure permitted and as regulated in section 38-234(a), except as herein modified.

(2)

Building material sales yards, if enclosed on all sides by an eight-foot high solid fence.

(3)

Wholesale businesses and warehouses.

(4)

Motels or motor hotels, subject to the provisions of section 38-468.

(5)

Drive-in eating establishments.

(6)

Motor fuel stations subject to the conditions stipulated in section 38-466.

(7)

Animal hospitals and veterinary clinics, provided that buildings or enclosures in which animals are kept shall be at least 100 feet from any lot in any R district.

(8)

Commercial baseball field, bathhouse or boathouse, golf driving range, skating rink, swimming pool or similar open air recreational uses and facilities, but not within 200 feet of any R district.

(9)

The following uses, provided no part of a building where any activity is conducted shall have any openings other than stationary windows or required fire exits within 100 feet of any R district:

a.

Automobile, truck, trailer and garden and farm implement establishments for display, hire, or sales, including sales lots.

b.

Bottling of soft drinks or milk, or distribution stations.

c.

Bowling alley, pool hall or billiard parlor, dance hall, bar or cocktail lounge, nightclub and similar enterprises.

d.

Carpenter shop, electrical, heating, ventilating or plumbing shop, furniture upholstering shop, printing, publishing, engraving or lithographing plant, laundry and dry cleaning shop, sign painting shop and similar establishments.

(10)

Any other use that is determined by the board of appeals to be of the same general character as the foregoing permitted uses, but not including any use which may become noxious or offensive in a B-2 district.

(b)

Accessory uses. Accessory uses are permitted as follows:

(1)

B-1 Retail Business District accessory uses (see section 38-234(b)).

(2)

Other accessory uses customarily incidental to a permitted principal use, including signs as regulated by article III of this chapter.

(c)

Prohibited uses. Prohibited as in section 38-234(c).

(Code 1978, § 5-10-1)

No structure shall exceed three stories or 45 feet in height, except as provided in section 38-470.

(Code 1978, § 5-10-2)

The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications in sections 38-472 and 38-473, inclusive:

No owner or occupant residing within a dwelling unit located within the general business district shall keep any dogs or cats in such dwelling unit other than those which qualify as service animals pursuant to state or federal law. Individuals maintaining service animals shall, upon reasonable inquiry, provide the city with documentation from a healthcare provider confirming the status of any service animal. The limitations of this section do not apply to hospitals, clinics, or other facilities operated by a licensed veterinarian for the care and treatment of animals, or a commercial establishment offering boarding and/or grooming services.

(Ord. No. 783, § 1, 1-13-2015)

(a)

Principal uses. The principal uses permitted in B-3 districts are as follows:

(1)

Motels or hotels.

(2)

Restaurants.

(3)

Automobile service stations.

(b)

Accessory uses. Accessory uses are permitted as follows:

(1)

Food and beverage automats.

(2)

Truck service facilities.

(3)

Swimming pool, shuffleboard, tennis court, picnic areas, drug store, delicatessen, tailor shop, pick-up laundry service, barber shop, and gift shop.

(4)

Dormitories and sleeping facilities for truck operators.

(5)

Cocktail lounges.

(6)

Any similar use customarily carried on as a part or accessory to an interchange service area, which in the judgment of the zoning administrator will not be detrimental to the public health or safety.

(Code 1978, § 5-11-1)

Each service area shall be located at the interchange of two intersecting highways so as to serve interchange and highway users.

(Code 1978, § 5-11-2)

Area of such service area shall be at least three acres having not less than 250 feet frontage and mean width on the access or secondary road.

(Code 1978, § 5-11-3)

(a)

No vehicular entrance to or exit from property abutting shall be within 125 feet of the entrance roadway to or exit roadway from such interchange.

(b)

Each service area shall be provided with an entrance and exit for vehicular traffic not less than 40 feet in width at the property line.

(Code 1978, § 5-11-4)

(a)

No building and any fixture attached thereto shall exceed three stories or 40 feet.

(b)

No accessory building or structure shall exceed 30 feet in height.

(Code 1978, § 5-11-5)

(a)

Front yard shall not be less than 30 feet in depth and shall be free from display, inventory, merchandise and parking.

(b)

Rear and side yards shall provide one foot of width per one foot of height but in no case shall yards be less than 25 feet.

(c)

Ground area occupied by buildings shall not exceed 30 percent of the total lot area.

(Code 1978, § 5-11-6)

In addition to wall signs, one free standing or projecting sign for each business enterprise will be permitted, providing the sign is on the business premises and does not exceed 40 square feet per sign face, is at no point closer to the front line or a side line than one-half of the required building setback distance, and does not exceed 40 feet in height from the established grade level. The lowest horizontal projecting feature of any post or pole mounted sign shall be eight feet above the established grade level.

(Code 1978, § 5-11-7; Ord. No. 409, 7-11-1978)

(a)

Principal uses. The principal uses permitted in I-1 districts are as follows:

(1)

Any use or structure permitted and as regulated in section 38-268(a), except as herein modified.

(2)

The following uses if located not less than 100 feet from any R district, provided any such operations are enclosed by a solid wall or fence not less than six feet in height:

a.

Builder's or contractor's plant or storage yard.

b.

Building material sales and storage yard, including concrete mixing.

c.

Lumber yard, including millwork.

d.

Open yard for storage and sale of feed or fuel.

(3)

The following uses, provided no part of a building occupied by such uses shall have any openings other than stationary windows or required fire exits within 100 feet of any R district:

a.

Automobile repair garage doing major repair, including tire retreading or recapping, battery service and repair.

b.

The manufacture, compounding, processing, packaging or treatment of such products as bakery goods, candy, cosmetics, pharmaceuticals, toiletries and food products.

c.

The manufacture, compounding, assembling or treatment of articles or merchandise from the following previously prepared material: canvas, cellophane, cloth, fiber, glass, leather, paper, plastics, precious or semi-precious metals or stone, rubber, textiles, wood and yarn.

d.

The manufacture or assembly of electrical appliances, electronic instruments and devices, phonographs, radio and television sets, electric and neon signs, refrigerators and stoves.

e.

Laboratory; experimental, film or testing.

(4)

Railroad freight stations, trucking or motor freight terminals, provided that service yards or docks are at least 100 feet from any lot in any R district.

(5)

Any other use that is determined by the board of appeals to be of the same general character as the foregoing permitted uses, but not including any use which may become noxious or offensive in an I-1 district. In determining the character of such use, the board of appeals shall refer to section 38-558(b).

(b)

Accessory uses. Accessory uses are permitted as follows:

(1)

B-2 Business District accessory uses (see section 38-268(b).

(2)

Other accessory uses customarily incidental to a permitted principal use.

(c)

Prohibited uses. The following uses are prohibited:

(1)

Dwellings, including mobile homes, except for watchman or caretaker on the premises.

(2)

Schools, hospitals, clinics and other institutions for human care, except when incidental to a permitted principal use.

(3)

Auto salvage and wrecking operations, industrial metal and waste salvage operations and junkyards.

(Code 1978, § 5-12-1)

The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications in section 38-471 through 38-473:

(a)

Principal uses. The principal uses permitted in I-2 districts are as follows:

(1)

Any use or structure permitted and as regulated in section 38-328(a), except as herein modified.

(2)

Automobile salvage and wrecking operations, and industrial and waste salvage operations and junkyards, if located not less than 200 feet from any B district and 1,000 feet from any state or federal highway, provided all operations are conducted within an area enclosed on all sides with a solid masonry wall not less than 12 feet high, and which wall shall be maintained to the satisfaction of the zoning administrator. No pile of salvage, scrap or other material shall be higher than 12 feet.

(3)

Flammable liquids storage not to exceed a total of 25,000 gallons.

(4)

Railroad yards.

(5)

The following uses, provided no part of a building occupied by such uses shall have any opening, other than stationary windows or required fire exits, within 100 feet of any R district:

a.

Blacksmith, welding or other metalworking or machine shop.

b.

Foundry, casting lightweight non-ferrous metals, or electric foundry not causing noxious fumes or odors.

c.

Planing mill and veneer manufacturing.

(6)

Any of the following uses, when located not less than 200 feet from any R district, and not less than 100 feet from any other district, except an I-1 district:

a.

Acetylene manufacturing in excess of 15 pounds pressure per square inch.

b.

Acid manufacturing.

c.

Asbestos manufacturing.

d.

Automobile, tractor, trailer, farm implement assembly or manufacturing.

e.

Bleaching, cleaning and dyeing plant.

f.

Boiler shops, machine shops, structural steel fabricating shops, railway car or locomotive shops, including repair, metal working shops.

g.

Brewing or distilling of liquors.

h.

Brick, pottery, tile and terra cotta manufacturing.

i.

Bulk station.

j.

Cans and other types of containers.

k.

Candle or sperm oil manufacturing.

l.

Cement products.

m.

Cooperate works.

n.

Dextrine, starch or glucose manufacturing.

o.

Disinfectant, insecticide or poison manufacturing.

p.

Dye and dyestuff manufacture.

q.

Enameling, lacquering or japanning.

r.

Emery cloth or sandpaper manufacturing.

s.

Felt manufacturing.

t.

Flour or grain mill.

u.

Forge or foundry works.

v.

Gas, generation or storage for illumination or heating.

w.

Grain drying or poultry feed manufacturing, from refuse, mash or grain.

x.

Hair or hair products manufacturing.

y.

Line or lime products manufacturing.

z.

Linoleum, oil cloth or oiled goods manufacturing.

aa.

Machinery manufacturing.

bb.

Match manufacturing.

cc.

Meat packing, but not stockyards or slaughterhouses.

dd.

Metal stamping and extrusion.

ee.

Oil, paint, shellac, turpentine, varnish or enamel manufacturing.

ff.

Paper and pulp manufacturing.

gg.

Perfume manufacturing.

hh.

Pickle, sauerkraut or sausage manufacturing.

ii.

Plaster manufacturing.

jj.

Poultry slaughterhouse, including packing and storage for wholesale.

kk.

Sandblasting or cutting.

ll.

Sawmill, the manufacture of excelsior, wood fiber or sawdust products.

mm.

Soap manufacturing.

nn.

Steam power plant, except where accessory to a permitted principal use.

oo.

Stone and monument works employing power driven tools.

pp.

Sugar refining.

qq.

Tar or asphalt roofing or waterproofing manufacturing.

rr.

Tar distillation or manufacturing.

ss.

Vinegar manufacturing.

tt.

Yeast manufacturing.

uu.

Any other use which, in the opinion of the board of appeals is of a similar character to those specified above.

(7)

Any of the following uses when located not less than 400 feet from any R district, and not less than 200 feet from any other district except an I-1 district:

a.

Ammonia, chlorine or bleaching powder manufacture.

b.

Animal black, lamp black, bone black or graphite manufacture.

c.

Asphalt or asphalt products manufacture.

d.

Celluloid or pyroxyline manufacturing, or explosive or inflammable celluloid or pyroxyline products manufacturing or storage.

e.

Cement, line, gypsum or plaster of Paris manufacture.

f.

Crematory.

g.

Creosote manufacture or treatment.

h.

Distillation of coal, petroleum, refuse, grain, wood or bones, except in the manufacture of gas.

i.

Explosives manufacture or storage, except for small arms ammunition.

j.

Fertilizer, compost, manufacture or storage.

k.

Fish curing, smoking or packing, fish oil manufacture or refining.

l.

Petroleum or flammable liquids production, refining and storage aboveground.

m.

Rock crushing.

n.

Rubber, caoutchouc or gutta-percha manufacture and treatment from crude or scrap material or the manufacture of balata.

o.

Smelting of ferrous or nonferrous ores.

p.

Storage, curing or tanning of raw, green or salted hides or skins when refrigerated storage is provided.

q.

Sulphurous, sulphuric, nitric, picric, carbolic or hydrochloric or other corrosive acid manufacture.

r.

Any other uses which, in the opinion of the board of appeals, is of a similar character to those specified above.

(b)

Accessory uses. Accessory uses are permitted as follows:

(1)

I-1 Industrial District accessory uses (see subsection (b) of this section).

(2)

Other necessary uses customarily incidental to a permitted principal use, including signs as regulated by article III of this chapter,

(c)

Prohibited uses. Uses prohibited in section 38-328(c)(1) and (2).

(Code 1978, § 5-13-1)

The following minimum requirements shall be observed, subject to the additional requirements, exceptions and modifications in sections 38-471 through 38-473:

The following shall be considered minimum requirements for planned developments.

(Code 1978, § 5-14-1)

(a)

In the case of a project consisting of a group of two or more buildings to be constructed on a plot of ground not subdivided into the customary streets and lots and which will not be so subdivided, or where the existing or contemplated street and lot layout make it impracticable to apply the requirements of this division to the individual building units in such project, the applying of such requirements to such project shall be done by the board of appeals in a manner that will ensure substantially the same character of occupancy, maximum intensity of use, and minimum standard of open spaces as permitted by this division in the district in which the proposed project is to be located.

(b)

In no case shall the board authorize a use or a building coverage exceeding that which would be obtained were the same area to be developed by the customary subdivision thereof into streets and lots in conformance with the subdivision regulations of this Code, and by the type of buildings customary in the district and in compliance with the requirements of this division. The board shall not authorize the erection of a project on a parcel of ground occupied by another principal structure.

(Code 1978, § 5-14-1-1)

(a)

A residence development project consisting of any number of buildings, the contemplated arrangement of which makes it impossible to apply the requirements of this division to the individual buildings, may be authorized by the board of appeals in districts in which such projects are permitted under this division. In so doing, the board shall first refer the plans for such project to the planning commission for study, public hearing and report upon finding that the plans of such project meet the following conditions:

(1)

That the tract of land on which the project is to be erected meets minimum size requirements as specified in subsection (b) of this section.

(2)

That the buildings are to be used only for residential purposes and the customary accessory uses, such as private garages, storage spaces, recreational and community activities.

(3)

That the average lot area per family or dwelling unit on the site, exclusive of the area occupied by drives or streets will not be less than 90 percent of the lot area per family required in the district in which the project is to be located.

(4)

That there is to be provided within the tract, or immediately adjacent thereto, parking spaces in private garages or off-street parking areas as specified in article IV of this chapter.

(5)

That there are to be provided, as a part of the project, adequate recreation areas to serve the needs of the anticipated population to be housed therein.

(6)

That drives, accessways and parking areas are developed to a standard equal to that required for public use.

(7)

That such drives and accessways are protected by recorded deed covenants assuring their availability to all residents of the project.

(8)

That the proposed project will constitute a residential environment of a sustained desirability and stability; that it will be in harmony with the character of the surrounding neighborhood and ensure substantially the same type of occupancy as obtained or may be expected to be obtained in the neighborhood; that it will result in intensity of land utilization no higher, and standards of open spaces at least as high as, permitted or specified in the district in which the project is to be located.

(9)

That the project will be consistent with the intent and purpose of this division to promote public health, safety and general welfare.

(b)

Height, yards and lot coverage shall be regulated by the following schedule, and in no case shall the board authorize standards less than:

(c)

Any change in an approved plan shall be referred by the board of appeals to the planning commission for study and report, prior to any action by the board.

(d)

The board of appeals shall approve or disapprove any plan or revision of an approved plan within 60 days of the filing of all elements of the plan.

(Code 1978, § 5-14-1-2)

(a)

Minimum area. The owner of a tract of land located in any district at or near where a proposed shopping center is shown on the adopted land use plan shall submit to the planning commission for its review a preliminary plan for the use and development thereof for an integrated shopping center, provided that the tract of land shall meet the following minimum area requirements:

(1)

Neighborhood shopping center not less than two acres.

(2)

Sub-community or community shopping center not less than ten acres.

(b)

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

Shopping centers means as follows:

Neighborhood shopping center means a shopping center, the principal establishment of which is customarily a supermarket-type food store.

Sub-community shopping center means a shopping center the principal establishment of which is customarily a variety store.

Community center means an area within which various facilities and services, such as filling stations, restaurants, banks, fire or police stations, clubs, etc., may be established.

(c)

Applicant, financial ability. In accepting such plan for review, the planning commission shall be satisfied that the applicant is financially able to carry out the proposed project, that construction will start within one year, if a neighborhood shopping center, and two years, if a sub-community or community shopping center, of the approval of the project and necessary zoning district change, and will be completed within a reasonable time as determined by the planning commission.

(d)

Commission findings. It then shall be the duty of the planning commission to investigate and ascertain whether the location, size and other characteristics of the site, and the proposed plan comply with the following conditions:

(1)

Need must be demonstrated. That need for the proposed center at the proposed location, to provide adequate shopping facilities to the surrounding neighborhood, sub-community or community or part thereof, as the case may be, has been demonstrated by the applicant by means of market studies and such other evidence as the planning commission may require.

(2)

Adequacy; site. That the proposed shopping center is adequate, but not excessive, in size to provide adequate shopping or service facilities for the population which reasonably may be expected to be served by the proposed center.

(3)

Traffic congestion; not to be created. That the proposed shopping center is at a location where traffic congestion does not exist at present on the streets to be utilized for access to the proposed center, and where such congestion will not likely be created by the proposed center; or where such existing or possible future congestion will be obviated by presently projected improvement of access thoroughfares or by demonstrable provisions in the plan for proper entrances and exits, and by internal provisions for traffic and parking.

(4)

Thoroughfare access required. That any neighborhood shopping center will abut and front a street designated on the official transportation plan as an expressway or arterial thoroughfare; and any sub-community or community shopping center shall abut and front on a street designated on the plan as an expressway or arterial thoroughfare.

(5)

Integrated design. That the plan provides for a shopping center consisting of one or more groups of establishments in buildings of integrated and harmonious design, together with adequate and properly arranged traffic and parking facilities and landscaping. The project shall be arranged in an attractive and efficient manner, convenient, pleasant and safe to use, and fitting harmoniously into, and having no adverse effects upon the adjoining or surrounding properties.

(e)

Permitted uses. The uses permitted in an integrated shopping center shall be appropriate to the specific functions thereof. In the case of all shopping centers, the allowable uses shall be those permitted in the B-1 district; provided, however, that no residential, heavy commercial or industrial uses shall be permitted in any shopping center, and only those uses shall be authorized which are necessary or desirable to supply the surrounding neighborhood, sub-community or community with goods or services. All uses authorized in this manner shall be in harmony with the design of the center and the environs thereof.

(f)

Standards applicable. The following regulations shall apply to an integrated shopping center:

(1)

Building height. No building shall exceed 2½ stories or 35 feet in height.

(2)

Yards. No building shall be less than 50 feet distant from any boundary of the tract or site on which the shopping center is located. The center shall be permanently screened from all adjoining properties located in any R district, and except for necessary entrances and exits, from all properties located in any R district across the street and within 100 feet from such center. The type and nature of such screening shall be determined by the planning commission.

(3)

Tract coverage. The ground area occupied by all the buildings shall not exceed in the aggregate 25 percent of the total area of the tract or site.

(4)

Customer parking space. Notwithstanding any other requirements of this division, there shall be provided at least two square feet of off-street parking area, including driveways, for every square foot of total floor space, not including storage space, in an integrated neighborhood shopping center; and three square feet of off-street parking area for every square foot of total floor space, not including storage space, in a sub-community or community shopping center.

(5)

Loading space. Notwithstanding any other requirements of this division, there shall be provided one off-street loading space for each 5,000 square feet or fraction thereof of aggregate floor space of all buildings in the center. At least one-third of the space required shall be sufficient in area and vertical clearance to accommodate trucks of the tractor-trailer type.

(6)

Illumination of accessways and parking areas. Accessways and parking areas shall be adequately lighted by shielding media lighting fixtures which shall be so installed as to reflect light away from adjoining properties.

(7)

Signs. Subject to the provisions of article III of this chapter and approval by the planning commission, all signs within the center shall be controlled by written agreement between the owners and tenants of the center, or otherwise, with the view to preventing excessive advertising and promoting a harmonious appearance of the center as a whole.

(g)

Final development plan. Upon determination by the planning commission that the proposed integrated shopping center as shown in the preliminary plan appears to conform to the requirements herein and all other applicable requirements of this division, the proponents shall prepare and submit a final development plan, which plan shall incorporate any changes or modifications required by the planning commission, along with an application for change of zoning to the appropriate business district classification.

(h)

Recommendations to city council. If the final development plan is found to comply with the requirements herein and other applicable provisions of this division, the planning commission, after public hearing in both the development plan and application for a zoning district change, shall submit the plan, its report and recommendation to the city council.

(i)

Rezoning. The city council may modify the plan, consistent with the intent and meaning of this division, and may rezone the property to a classification permitting the proposed center, for development in substantial conformity with the final plan, as approved by the board.

(j)

Adjustments; authorized by commission. After the final development plan has been approved by the council and in the course of carrying out this plan, adjustments or rearrangements of buildings, parking areas, loading areas, entrances, height or yards may be requested by the proponents, and provided such requests conform to the standards established by the final development plan and this division, such adjustments or rearrangements may be authorized by the planning commission.

(Code 1978, § 5-14-1-3; Ord. No. 409, 7-11-1978)