(A)   Each of the standard zoning districts in this chapter stands alone and is not a part of a hierarchy or pyramidal system of zoning. For example, what is permitted in the Residential Zoning District is not necessarily permitted in the Business Zoning District. Only those uses and development standards which are expressly permitted and noted for each zoning district apply to that zoning district.

   (B)   Districts. Land in the town’s planning jurisdiction shall be divided and classified into the following zoning districts:

      (1)   Residential Districts:

         (a)   Residential District.

      (2)   Business Districts:

         (a)   Business District.

      (3)   Reserved for the future.

      (4)   Reserved for the future.

      (5)   Reserved for the future.

      (6)   Overlay Districts:

         (a)   Planned Unit Development.

   (C)   Zoning districts designation of annexed property. All territory which may hereafter be annexed to the town shall be zoned consistent with the land use policy of the comprehensive plan and with the zoning district most similar to the zoning which was applicable prior to annexation, as long as that zoning is consistent with the comprehensive plan land use policy map.

(Ord. 2022-14, passed 9-7-2022)

   (A)   Buildings, structures, or land must only be used in a manner permitted in the zoning districts where they are located.

   (B)   It shall be unlawful for any person to build, erect, construct, modify or maintain any building within the Residence District to be used for business, manufacturing, or industrial purposes.

   (C)   Any building or structure used exclusively for business or industrial purposes which is situated within the Residence District or the residential uses within the Business District shall follow the regulations for non-conforming uses as provided in § 152.08.

(Ord. 2022-14, passed 9-7-2022)

      (1)   Minimum lot area:

         (a)   Single-family dwelling: 6,000 square feet.

         (b)   Two-family dwelling: 4,500 square feet per dwelling unit.

         (c)   Multi-family dwelling: 3,000 square feet per dwelling unit.

      (2)   Minimum lot width shall be:

         (a)   Single-family use: 50 feet.

         (b)   Two-family use: 75 feet.

         (c)   Multi-family use: 100 feet.

         (d)   Minimum lot width shall be measured at the front setback line. On corner lots, it shall be measured along the narrower front setback line.

         (e)   Lots located on a cul-de-sac/cul-de-loop shall maintain a minimum street frontage of 45 feet measured along the front property line.

      (3)   Minimum setbacks on the lot shall be:

         (a)   Front: 20 feet.

         (b)   Side: five feet.

         (c)   Rear:

            1.   Primary structure: 20 feet.

            2.   Accessory structure: ten feet.

      (4)   Maximum lot coverage:

         (a)   Single-family use: 45%.

         (b)   Two-family use: 55%.

         (c)   Multi-family use: 65%.

      (5)   Maximum building height shall be:

         (a)   Primary structure: 35 feet.

         (b)   Accessory structure: 25 feet.

         (c)   Accessory structure(s) shall not be taller than the primary structure.

      (6)   Minimum dwelling unit floor area shall be:

         (a)   Single-family dwelling:

            1.   One-story: 1,200 square feet of finished floor area.

            2.   Multi-story: 900 square feet of finished floor area.

         (b)   Two-family dwelling: 1,200 square feet of finished floor area per dwelling unit.

         (c)   Multi-family dwelling: 900 square feet of finished floor area per dwelling unit.

      (7)   Minimum parking requirement. There shall be minimum two off-street parking spaces per dwelling unit on a lot.

      (8)   Number of primary structures. There shall be maximum one primary structure per lot.

(Ord. 2022-14, passed 9-7-2022; Ord. 2023-08, passed 5-15-2023)

(Ord. 2022-14, passed 9-7-2022; Ord. 2023-2, passed 1-16-2023; Ord. 2023-08, passed 5-15-2023)

(Ord. 2022-14, passed 9-7-2022)

      (1)   To designate a parcel of real property as a Planned Unit Development (PUD) including the underlying zoning district;

      (2)   To specify uses or a range of uses permitted in the PUD District;

      (3)   To specify development requirements in the PUD District;

      (4)   To specify the documentation including an overall plan and supporting documentation;

      (5)   To specify any limitation applicable to the Planned Development; and

      (6)   To specify any variations from the underlying zoning district requirements.

      (1)   Address the policies included in the comprehensive plan to encourage consistency with the community’s vision as presented in the comprehensive plan.

      (2)   Use design to provide compatibility between areas of different land uses and development intensities within the PUD District.

      (3)   Buffer different types of land uses and development intensities outside of the PUD District from those within the PUD District to increase compatibility or minimize any adverse impact which new development may have on existing or zoned development.

      (4)   Enhance the appearance of neighborhoods by conserving areas of natural beauty, and natural green spaces and provide enhanced amenities and open space.

      (5)   Promote and protect the environmental integrity of the site and its surroundings and provide suitable design responses to the specific environmental constraints of the site and surrounding area.

      (6)   Promote architecture that complements the surroundings.

      (7)   Counteract urban monotony and congestion on streets.

   (H)   PUD development standards. A proposed planned development plan shall be designed to produce an environment of stable and desirable character in keeping with the principles of good neighborhood design, and must provide standards of community amenities, efficiency in street patterns, and areas for parking adequate for the occupancy proposed, or equal to the requirements of this chapter. It must also provide for a development density and related bulk and coverage characteristics in keeping with the requirements of the comprehensive plan and reflecting that of the base zone that contains the land subject to rezoning as a particular Planned Unit Development.

         (a)   Before approval of a preliminary planned development plan, a detailed determination of land use intensity shall be declared.

         (b)   Except as otherwise provided below, the development standards for lots in a PUD may be varied from one another and from that allowed by the underlying base zone. The maximum base zone density permitted under the PUD process is as follows:

            1.   Residential use, low density: 0.5 unit/acre or less.

            2.   Residential use, medium density: 0.51 - 3 units/acre.

            3.   Residential use, high density: 3.1 or more units/acre.

         (c)   In calculating the density (net), certain areas inappropriate for development including but not limited to bodies of water, floodplains, wetlands, and rights-of-way, shall be discounted from gross acreage.

         (d)   The Commission shall make a finding that said intensity is consistent with the land use element of the comprehensive plan of current adoption and in the best interest of the city and surrounding areas.

         (e)   If such zoning is not related to the character of development sought by the Planned Unit Development, then the Plan Commission shall determine whether to require a rezoning of the site to a more appropriate zone or to establish a development intensity pursuant to the PUD waiver procedure.

         (a)   Open space shall include cropland, forested areas, pastureland, turf areas, decorative plantings, walkways, active and passive recreation areas, playgrounds, and wooded areas. Open space does not include areas devoted to public or private streets or rights-of-way.

         (b)   No plan for a Planned Unit Development shall be approved, unless such plan provides for permanent open space areas equivalent to the following types of Planned Unit Developments:

            1.   Residential PUD: 20% of gross acreage.

            2.   Mixed-Use PUD: 20% of gross acreage.

            3.   Industrial or Commercial PUD: 15% of gross acreage.

         (a)   PUD shall follow site design and improvement standards in §§ 152.70 through 152.89.

         (b)   Other site development regulations, including but not limited to parking, signs, accessory uses, landscape requirements, environmental standards, flood plain protection, and public and private infrastructure shall be as required in this chapter.

         (c)   The Plan Commission may recommend, and the Town Council may authorize, exceptions to other applicable regulations of this chapter controlling development within the boundaries of a PUD, provided that the Plan Commission shall find that such exception shall be solely for the purpose of promoting an integrated site plan no less beneficial to the tenants or occupants of such development, as well as the neighboring property, than would be obtained under the regulations of this chapter for buildings developed on separate zoning lots.

(Ord. 2022-14, passed 9-7-2022)