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Westminster City Zoning Code

COMMERCIAL DISTRICTS4


Footnotes:
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Editor's note— Ord. 2023-12-12-01, § 1(Exh.), adopted Dec. 12, 2023, set out provisions intended for use as Commercial Districts, §§ 151.055—151.063. Inasmuch as there were already provisions so designated, said section has been codified herein as Commercial Districts, §§ 151.070—151.078 at the discretion of the editor.


§ 151.070 - NC NEIGHBORHOOD COMMERCIAL DISTRICT.

(A)

Purpose. It is the intent of this section that the NC Zoning District be developed and reserved for local or neighborhood-oriented business purposes. The regulations which apply within this district are designed to encourage the formation and continuous of a stable, healthy, and compatible environment for uses that are located so as to provide nearby residential areas with convenient shopping and service facilities; reduce traffic and parking congestion; avoid the development of strip business districts; and discourage industrial and other encroachment capable of adversely affecting the localized commercial character of the district.

(B)

Permitted uses. The following uses shall be permitted in the NC Zoning District:

(1)

Retail business involving the sale of merchandise on the premises in stores specifically including, but not limited to:

(a)

Gift shop;

(b)

Candy store;

(c)

Convenience stores with or without gas pumps;

(d)

Drug store or pharmacy;

(e)

Grocery store;

(f)

Hardware store;

(g)

Package liquor store;

(h)

Video stores and record shops.

(2)

Business involving the rendering of a personal service or the repair and servicing of small equipment specifically including, but not limited to:

(a)

Bank, savings and loan associations, personal loan agency, and branches;

(b)

Barber shop, beauty shop, or combination thereof;

(c)

Dry cleaning self-service and/or laundry self-service facility;

(d)

Medical, dental, or chiropractic office;

(e)

Real estate agency;

(f)

School offering instruction in art, music, dancing, drama, or similar cultural activities;

(g)

Shoe repair shop;

(h)

Church, temple or synagogue;

(i)

Publicly owned and operated building, facility or land;

(j)

Accessory use in compliance with the provisions of §§ 151.135et seq.;

(k)

Clubs, lodges, union halls, and social centers;

(l)

General office use.

(C)

Conditional uses. The following uses shall be permitted on a conditional basis in any NC Zoning District, subject to the conditions set forth in §§ 151.220et seq.

(1)

Auto accessory store provided there is no storage of wrecked automobiles, scrapped, or salvage auto parts on the premises.

(2)

Automobile service station provided operations involving major repairs, body and fender work, painting, or the sale or rental of new or used cars or trucks, trailers of any type, or boats, are not conducted on the premises; provided all pumps are set back at least 25 feet from the right-of-way line of all abutting streets; and provided parking and/or service areas are separated from adjoining residential properties by a suitable screen, (with no more than 20 percent voids), or wall at least six feet in height above finished grade.

(3)

Bakery provided that goods baked on the premises are sold only at retail on the premises.

(4)

Childcare facilities provided the facility is licensed by and meets all the requirements of the Department of Social Services.

(5)

Delicatessen, restaurant, soda fountain or other eating and/or drinking establishments (other than drive-in establishments) provided no outside loud speaker systems are utilized; provided all lights or lighting arrangements used for purposes of advertising or night operations are directed away from adjoining or nearby residential properties; and provided parking and/or service areas are separated from adjoining residential properties by a suitable planting screen, fence or wall at least six feet in height above finished grade.

(6)

Dry cleaning, and/or laundry pickup stores, provided that no laundering, cleaning, or pressing is done on the premises.

(7)

Public utility substation or sub-installation, including water or fire towers, provided such use is enclosed by a painted or chain-link fence or wall at least six feet in height above finished grade, provided there is neither an office nor commercial operation nor storage of vehicle or equipment on the premises; and provided a landscaped strip not less than five feet in width is planted and suitable maintained.

(8)

Temporary use in compliance with the provisions of §§ 151.220et seq.

(9)

Existing Residential use, provided such use was existing at the time of the properties being rezoned to NC. Residential uses are not permitted on properties that were absent any structures at the time of being rezoned to NC.

(D)

Other requirements. Uses permitted in NC Neighborhood Commercial Districts shall be required to conform to the standards set forth in Appendices A through C; §§ 151.003 through 151.005; 151.019; 151.075; 151.100et seq.; 151.120et seq.; 151.135et seq.; 151.150et seq.; 151.170et seq.; 151.195et seq.; 151.220et seq.; 151.235et seq.; 151.250et seq.; 151.265et seq.; 151.280et seq.; 151.295et seq.; and Chapter 152.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

§ 151.071 - HC HIGHWAY COMMERCIAL DISTRICT.

(A)

Purpose. It is the intent of this section that the HC Zoning District be developed and reserved for general business purposes and with particular consideration for the automobile-oriented commercial development existing or proposed along major thoroughfares. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible and economically healthy environment for business, financial, service and professional uses which benefit from being located in close proximity to each other; and to discourage any encroachment by industrial, residential, or other uses considered capable of adversely affecting the basic commercial character of the district.

(B)

Permitted uses. The following uses shall be permitted in any HC Zoning District:

(1)

Any retail, wholesale business involving the sale of merchandise on the premises, as set forth for NC Districts.

(2)

Business involving the rendering of personal service as set forth for NC Districts.

(3)

Off-street commercial parking lot or garage.

(4)

Hotel, tourist home, and motel.

(5)

Commercial recreation facility, specifically including, but not limited to:

(a)

Billiard parlor;

(b)

Theatre;

(c)

Bowling alley; and

(d)

Golf course (including driving range or Par 3 operation), including such activities customarily considered being auxiliary to a golf course.

(6)

Commercial, trade or vocational school.

(7)

Eating and/or drinking establishment including drive-in or curb service.

(8)

[Reserved.]

(9)

Public utility installation or sub-installation, including water towers.

(10)

Bakery.

(11)

Office building and/or office for governmental, business, professional or general purposes.

(12)

Accessory uses in compliance with the provisions of §§ 151.135et seq.

(13)

Church, temple, or synagogue.

(C)

Conditional uses. The following uses as set forth for NC Districts and subject to the conditions set forth in §§ 151.220et seq.

(1)

Automobile service station provided all pumps are set back at least 50 feet from the right-of-way line on the street; and provided parking and/or service areas are separate from adjoining residential properties by a suitable planting screen, fence (with no more than 20 percent voids), or wall at least six feet in height above finished grade.

(2)

Automobile laundry or car wash provided an off-street paved parking area capable of accommodating not less than one-half of hourly vehicle washing capacity awaiting entrance to the washing process is suitably located and maintained on the premises (such space to contain at least 200 square feet per waiting vehicle); and provided no standing water, safety hazard or impediment to traffic movement is created by the operation of such an establishment.

(3)

Garage for the repair and servicing of motor vehicles providing all operations are conducted within a fully enclosed building; and provided there is no open storage of wrecked vehicles, dismantled parts, or parts visible beyond the premises.

(4)

Automobile sales, new or used, provided parking and service areas are separate from adjoining residential properties by a suitable planting screen, fence (with no more than 20 percent voids), or wall at least six feet in height above finished grade.

(5)

Animal hospital and/or boarding facility provided all boarding arrangements are maintained within a building; excluding exercise facilities.

(6)

Childcare facilities provided the facility is licensed by and meets all the requirements of the Department of Social Services.

(7)

Dry cleaning or laundry pickup agency provided that any laundering, cleaning, or pressing done on the premises involves only articles delivered to the premises by individual customers, or pickup stores.

(8)

Meat, fish, and/or poultry shop provided that no slaughtering is permitted. Any cleaning of fish or poultry necessary for such use may be permitted provided that cleaning activities are within the principal building enclosure on the premises, and waste is removed daily.

(9)

Open yard use for the sale, rental and/or storage of materials or equipment excluding junk or other salvage provided that such uses are separate from adjoining residential properties by a suitable planting screen and fence or wall at least six feet in height above finish grade.

(10)

Temporary use in compliance with the provisions of §§ 151.220et seq. those uses the Zoning Administrator finds consistent with the intent of the district.

(11)

Accessory use in compliance with the provision of §§ 151.135et seq.

(12)

Existing residential use, provided such use was existing at the time of the properties being rezoned to HC. Residential uses are not permitted on properties that were absent any structures at the time of being rezoned to HC.

(D)

Other requirements.

(1)

Unless otherwise specified elsewhere in this chapter, uses permitted in HC Highway Commercial Zoning Districts shall be required to conform to the standards set forth in Appendices A through C; §§ 151.003 through 151.005; 151.019; 151.075; 151.100et seq.; 151.120et seq.; 151.135et seq.; 151.150et seq.; 151.170et seq.; 151.195et seq.; 151.220et seq.; 151.235et seq.; 151.250et seq.; 151.265et seq.; and 151.280et seq. and Chapter 152.

(2)

In addition, to minimize congestion at business access points, the following limitation shall apply to all major thoroughfares in the HC Highway Commercial District.

(a)

There shall be no more than two access points on a major thoroughfare for every one lot of record provided, however, these accesses meet the requirements in §§ 151.071(D)(2)(b) through 151.071(D)(2)(d) below.

(b)

If a primary access to a lot of record is available on an intersecting roadway, then access on the major thoroughfare shall be limited to one access per lot of record.

(c)

Such access on a major thoroughfare is granted only provided that there is a minimum of 80 feet from such access to the right-of-way of an intersection roadway. This shall be limited to one access per lot of record.

(d)

There shall be no more than one access point granted within a given 50 feet of frontage.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

§ 151.072 - CC CORE COMMERCIAL DISTRICT.

(A)

Purpose. The intent of the CC Core Commercial District is to encourage the maintenance of a centrally located trade and commercial area and to provide for the orderly expansion of such uses.

(B)

Permitted uses. The following uses shall be permitted on a conditional basis in any CC Core Commercial District: Any use permitted in any HC Zoning District subject to the conditions of § 151.071(B).

(C)

Conditional uses. The following uses shall be permitted on a conditional basis in any CC Core Commercial District:

(1)

Any use permitted on a conditional basis in any HC District, subject to the conditions of § 151.071(C).

(2)

Existing residential use provided it is as set forth in all RM Districts, provided that it is not on the ground floor.

(D)

Other requirements. Uses permitted in CC Core Commercial Zoning Districts shall be required to conform to the standards set forth in Appendices A through C; §§ 151.003 through 151.005; 151.019; 151.075; 151.100et seq.; 151.120et seq.; 151.135et seq.; 151.150et seq.; 151.170et seq.; 151.195et seq.; 151.220et seq.; 151.235et seq.; 151.250et seq.; 151.265et seq.; 151.280et seq.; and chapter 152.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

§ 151.073 - LI LIGHT INDUSTRIAL DISTRICT.

(A)

Purpose. The intent of the LI Zoning District is to provide areas for light industrial purposes, which are not significantly objectionable in terms of noise, odor, fumes, and the like, to surrounding properties. The regulations which apply within this district are designed to encourage the formation and continuance of a compatible environment for use generally classified to be limited industrial in nature; protect and reserve undeveloped areas in the city which are suitable for such industries; arid discourage encroachment by those residential, commercial, or other uses capable of adversely affecting the basic industrial character of the district.

(B)

Permitted uses. The following uses shall be permitted in any LI Zoning District:

(1)

Research or experimental laboratory;

(2)

Transportation terminal;

(3)

Public building, facility, or land other than a school, playground, hospital, clinic, care home or cultural facility;

(4)

Public utility installation;

(5)

[Reserved.]

(6)

Office building and/or offices for governmental, business, professional, or general purposes;

(7)

Commercial trade or vocational school.

(8)

Off-street commercial parking lot or garage, as well as off-street parking or storage area for customer, client, or employee-owned vehicles; and

(9)

Mining to include the extraction of natural materials or the placement or removal of fill dirt from such property (temporary and accessory uses).

(C)

Conditional uses. The following uses shall be permitted on a conditional basis in any LI Zoning District, subject to the conditions set forth in §§ 151.220et seq.

(1)

Any industrial use which involves manufacturing, processing, assembly, storage operations, provided said manufacturing, processing, assembly or storage in no way involves any junk or salvage operations; provided that any noise, vibration, smoke, gas, fumes, odor, dust, fire hazard, dangerous radiation or other injurious or obnoxious conditions related to the operation are not sufficient to create a nuisance beyond the premises.

(2)

Warehouse or other storage facility, provided that there is no open storage of junk or salvage materials of any type in conjunction with the operation.

(3)

Wholesale business outlet, provided that there is no open storage or junk or salvage material of any type in conjunction with the operation.

(4)

Automobile service station provided that all pumps are set back at least 25 feet from the right-of-way line of any street; and provided that there is no open storage of any type in conjunction with the operation.

(5)

Any industrial use which may produce injurious or obnoxious noise, vibration, smoke, gas, fumes, odor, dust, fire hazard, dangerous radiation or other objectionable conditions provided:

(a)

Such objectionable conditions does not constitute a nuisance to adjoining properties;

(b)

That such use is located at least 200 feet from any abutting property line; and

(c)

That such use is located on a site at least five acres in size.

(6)

Open yard use for the sale, rental and/or storage of new, used or salvaged materials, or equipment, provided:

(a)

That such use is conducted in a manner that it will be located on a site no less than one acre in size; and

(b)

That no burning of materials or products is conducted on the premises except by means approved by the Fire Chief or Fire Inspector; and in the case of open storage of used or salvaged materials and/or equipment, provided a suitable screen of at least six feet in height above finished grade will be required along all property lines.

(7)

Bulk storage of petroleum products.

(8)

Garage or shop for the repair and servicing of motor vehicles, equipment or machine parts provided any open yard storage incidental to such an operation conforms to the provisions of § 151.073(C)(9); and provided no sound, vibration, heat glare or electrical disturbance is created which creates a nuisance beyond the premises.

(9)

Temporary use in compliance with the provisions of §§ 151.220et seq.

(D)

Other requirements. Uses permitted in the LI Light Industrial Districts shall be required to conform to the standards set forth in Appendices A through C; §§ 151.003 through 151.005; 151.019; 151.075; 151.100et seq.; 151.120et seq.; 151.135et seq.; 151.150et seq.; 151.170et seq.; 151.195et seq.; 151.220et seq.; 151.235et seq.; 151.250et seq.; 151.265et seq.; 151.280et seq.; and chapter 152.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

§ 151.074 - PUD PLANNED UNIT DEVELOPMENT.

(A)

Intent of district. It is the intent of this section that the PUD Zoning District be developed to encourage flexibility in the design process, and to promote a mix of residential types and neighborhood convenience facilities while preserving open space and making more efficient use of the land.

(B)

Permitted uses. The following uses shall be permitted in any PUD Zoning District:

(1)

One-family detached dwelling (other than a mobile home).

(2)

One-family attached dwelling (town house).

(3)

Two-family dwelling accommodating no more than two families per building.

(4)

Multi-family dwelling.

(5)

Retail and business facilities permitted in the NC District, as shown in § 151.070, to the extent that they are to be designed or intended for the use of the residents of the PUD.

(6)

Customary home occupations.

(7)

Temporary uses in compliance with §§ 151.220et seq.

(8)

Accessory uses, provided such uses meet all requirements for PUD Zoning District.

(C)

Conditional uses. The following uses shall be permitted on a conditional basis in any PUD Zoning District subject to the provisions set forth in §§ 151.220et seq. All conditional uses permitted in the GR Zoning District, as shown in § 151.071(C).

(D)

Other requirements.

(1)

Site criteria. To be eligible for consideration as a planned unit development, the site of such proposed development must meet the following criteria:

(a)

The system of streets serving the site and its surrounding area must be adequate to handle traffic volumes expected to be generated by the proposed development.

(b)

The location of the site and the character of the proposed development must be compatible with existing development in the surrounding area.

(c)

The location and nature of the proposed development must conform to the goals and principles of the city.

(d)

The site must be accessible to public water and sewer service or a feasible method of providing such service must be demonstrated.

(e)

The site must not be susceptible to flooding.

(2)

Minimum development area. Two acres.

(3)

Maximum dwelling units per acre.

(a)

One-family dwellings: Eight units per gross acre

(b)

Two-family dwellings: Twelve units per gross acre

(c)

Multi-family dwellings: Twenty units per gross acre.

(4)

Minimum yard requirements. There are no specified minimum yard requirements in the PUD. Approval of a proposed PUD is based in part on the adequacy of yards for allowing sufficient light and air to reach each structure.

(5)

Maximum building height. Thirty-five feet. Multi-family dwellings may exceed 35 feet with approval from the Fire Chief, and Building Official.

(6)

Open space and recreation area. A minimum of 20 percent of the gross site area of a PUD shall be preserved as open space and recreation areas. The open space area shall be continuous and evenly distributed throughout the development and shall be directly connected with any recreation area.

(7)

Streets and driveways. Refer to the subdivision and regulations, §§ 151.003 through 151.005; 151.019; 151.075; 151.100et seq.; 151.120et seq.; 151.135et seq.; 151.150et seq.; 151.170et seq.; 151.195et seq.; 151.220et seq.; 151.235et seq.; 151.250et seq.; and 151.265et seq.;

(8)

Underground placement of utility lines. All telephone, cable television, and electrical service lines within a PUD shall be underground.

(9)

Street lighting. All streets, driveways, and parking facilities within a PUD shall be adequately lighted at night.

(10)

Walkways. All PUD'S shall provide safe, convenient, all-season pedestrian walkways between dwellings, streets, parking facilities, and open space and recreation areas.

(11)

Additional requirements. Uses permitted in PUD Zoning Districts shall meet all standards set forth in §§ 151.003 through 151.005; 151.019; 151.075; 151.100et seq.; 151.120et seq.; 151.135et seq.; 151.150et seq.; 151.170et seq.; 151.195et seq.; 151.220et seq.; 151.235et seq.; 151.250et seq.; and 151.265et seq.;

(E)

Procedures for approving a planned unit development. The following procedures shall be followed in reviewing and approving a PUD zoning change, the process for which shall be consistent with § 151.338 "Procedures for amendments."

(1)

Application for planned unit development.

(a)

A request for a PUD shall be in letterform and shall clearly state the applicant's name, address, and interest in the application; and the name, address, and interest of every other person whom the applicant represents in the case of a joint interest application or representative as the applicant. The applicant shall submit with the letter of application four copies of a vicinity map and four copies of a preliminary site plan of the area proposed as a PUD to the Building Official.

(b)

The vicinity map shall be on a scale of one-inch equals 400 feet, shall encompass an area within a one-half-mile radius of the site, and shall show:

1.

Existing streets and roads.

2.

Existing water resources.

3.

Existing land uses on the site and in the area surrounding the site.

(c)

The vicinity map may be included on the same sheet as the preliminary site plan.

1.

Existing and proposed topographic contours at vertical intervals no greater than five feet.

2.

The location and approximate outline of all existing and proposed building and structures.

3.

The location and width of all existing and proposed roads and parking facilities.

4.

The proposed use of each building and open area and the materials proposed to be used in the construction of buildings and in the surfacing of roads and parking areas.

5.

An indication of the number and type of dwellings proposed per acre.

6.

Plans for drainage of the site and for water and sewer service.

7.

Plans for fencing, screening, or otherwise separating the proposed development from adjacent areas.

8.

Proposed schedule of development for the various sections of the development.

9.

Such other information as required showing the full development intentions of the applicant and the effect of the proposal on adjacent development.

(d)

The applicant shall also submit four copies of engineering data and any other documentation necessary to demonstrate the adequacy of existing or proposed water and sewage facilities.

(2)

Application fee. An application fee of $200 shall accompany the application to cover the cost of processing the application.

(a)

Initiation of amendments. A proposed amendment to the Zoning Code may be initiated by the City Council, the Planning Commission, or by application filed with the Planning Department by the owner or owners of the property proposed to be changed, provided, however, that action shall not be initiated for a zoning amendment affecting the same parcel or parcels of property, or any part thereof, and requesting the same change in district classification by a property owner or owners more often than once every 12 months. Initiation of the public hearing procedures commences upon payment of the $75 application fee.

(b)

Application procedure.

1.

Application forms for amendment requests shall be obtained from the Zoning Administrator. Completed forms, together with an application fee to cover administrative costs, plus any additional information the applicant feels to be pertinent will be filed with the Zoning Administrator. Any communication purporting to be an application for an amendment shall be regarded as mere notice to seek relief until it is made in the form required.

2.

Applications for amendments must be submitted, in proper form, at least three weeks prior to a Planning Commission meeting in order to be heard at that meeting.

3.

The Zoning Administrator shall forward application fees to the City Clerk who shall supervise the application of same to the costs of advertising and other administrative expenses.

4.

Administrative examination. Upon receipt of the application, the Building Official shall examine it to determine its completeness. The Building Official shall have 15 days to either return the application to the applicants for additional information or to forward it to the Planning Commission for review and recommendation.

(c)

Planning Commission review and recommendation.

1.

The Secretary of the Planning Commission shall transmit all papers and other data submitted by the applicant on behalf of the amendment request to the Planning Commission. The Planning Commission, at a regular meeting, shall review and prepare a report, including its recommendation for transmittal to the City Council. All meetings of the Planning Commission shall be open to the public. At a meeting, any party may appear in person, by agent, or by attorney.

2.

No member of the Planning Commission shall participate in a matter in which he or she has any pecuniary or special interest.

3.

Review by planning commission. The Planning Commission shall meet to review the proposal consider the adequacy of the site plan; evaluate the probable effect of the proposed development on the surrounding area and the city as a whole; determine the need and desirability of the development at the proposed location; and prepare and submit a written recommendation to the Mayor and City Council.

4.

Report of the Planning Commission.

(1)

Following each public hearing the Planning Commission shall hold a regular meeting to review and prepare a written record of the conduct of each public hearing. A copy of the record shall be filed with the City Clerk for the public record and a copy shall accompany the Planning Commission's recommendation of the Mayor and City Council.

(2)

The recommendation of the Planning Commission shall be in written form and should evaluate the proposed zoning amendment by answering the following questions:

(a)

How does the proposed zoning amendment relate to and affect the city's Comprehensive Plan?

(b)

Are development objectives and recommendations of the city's Comprehensive Plan for the area under consideration still valid or have conditions changed to such a degree that deviation from the plan is warranted?

(c)

Will the proposed amendment correct an error or deficiency in the zoning regulations?

(d)

What benefits would the city as a whole receive from development effectuated under the proposed amendment?

(e)

Does the cost-benefit relationship indicate that the proposed zoning amendment would be in the public interest cover the long-term?

(f)

Following action by the Planning Commission, all papers, and data pertinent to the application shall be transmitted to the City Council for final action.

(d)

Public hearing by City Council. Before enacting an amendment to the Zoning Code, the City Council shall hold a public hearing. There shall be at least a minimum of 15-days' notice of the time and place of which shall be published in a newspaper of general circulation in the municipality. The city shall post notice of the hearing on social media. The property shall also be posted in a prominent place 15 days prior to the date of the public hearing. The adjacent and adjoining property owners shall be notified by first class mail 15 days prior to the public hearing. The City Council may, at its discretion, delegate the power and responsibility to hold the required public hearing to the Planning Commission for any or all amendments. In such cases as the Planning Commission conducts the Public Hearing, the City Council shall not be required to hold another before acting on the recommendation. This is permissive, however, and certainly does not preclude the City Council from conducting its own public hearing on the amendment.

(e)

Changes in the zoning map. Following final action by the City Council, any necessary changes shall be made in the Zoning Map. A written record of the type and date of such change shall be maintained by the Planning Department. Refer to § 151.016.

(4)

Disposition by Mayor and City Council. The Mayor and City Council may vote to approve or deny the PUD request, may refer it back to the Planning Commission for further study, may recommend changes and modifications in the proposal, may attach appropriate conditions, or may take other action as it may deem necessary. Approval by ordinance is required, with two approved readings, prior to PUD amendment going into effect.

However, prior to approval, the Mayor and City Council shall find:

(a)

That the use and the plan for development are consistent with the goals and principals of the city's Comprehensive Plan and with the intent and purpose of this chapter.

(b)

That the use will not endanger the public health or safety if located where proposed and developed according to the proposed plan.

(c)

That the use will not injure the value of surrounding properties.

(d)

That the location and character of the use, if developed according to the plan as submitted will be in harmony with the area in which it is located.

(5)

Registration of approved plan.

(a)

After approval of the PUD site plan, all building construction and use of buildings and land shall be in conformity with the approved site plan. The site plan and all conditions appended thereto shall be recorded in the Office of the County Registrar and shall thereafter be binding upon the applicants, their heirs, successors, and assigns.

(b)

A copy of the approved site plan shall be filed with the Building Official and no certificate of occupancy shall be issued for any building or use within the PUD area unless the Building Official finds that such buildings or uses conform to the approved site plan.

(c)

In the event of failure to comply with the approved site plan and the conditions attached thereto, the Mayor and City Council may, on its own motion or at the request of any interested citizens, in addition to other remedies, institute injunctions, mandamus, or other appropriate action in proceeding to prevent the occupancy or continuance of such violations. The full penalty for violation of this chapter shall apply.

(d)

The Zoning Administrator may authorize minor modifications, as to design, placement of the approved uses, or replacement of similar types of uses in the approved site plan and the conditions attached thereto after review and recommendations by the Planning Commission. All major changes, as to density increases or increase in intensity of uses, will need to be resubmitted as an amendment, using the same process as the original PUD approval.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

§ 151.075 - TWO-FAMILY DWELLING UNITS.

Two-family dwelling units can be in any GR, RM, or PUD district, and shall meet the requirements of the district that they are in.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

§ 151.076 - G-1 GOVERNMENT DISTRICT (OFFICE/INSTITUTIONAL).

(A)

Purpose. The intent of the G-1 Zoning District is to provide areas for buildings used by local, state, or federal governmental entities for routine office/administration or training/classroom functions. Setbacks and other restrictions/requirements will be determined on a case-by-case basis considering the specific use of the planned facilities and the zoning classifications of adjacent and neighboring properties.

(B)

Permitted uses. The following uses shall be permitted in the G-1 Zoning District (including, but not limited to):

(1)

City Hall;

(2)

Police Department;

(3)

Recreation facilities (swimming pool, parks, ball fields, and the like); and

(4)

Public schools.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

§ 151.077 - G-2 GOVERNMENT DISTRICT (FACILITIES WITH LARGE VEHICLES/EQUIPMENT).

(A)

Purpose. The intent of the G-2 Zoning District is to provide areas for buildings used by local, state, or federal governmental entities for operations that involve work crews and/or heavy equipment. Setbacks and other restrictions/requirements will be determined on a case-by-case basis considering the specific use of the planned facilities and the zoning classifications of adjacent and neighboring properties.

(B)

Permitted uses. The following uses shall be permitted in the G-2 Zoning District (including, but not limited to):

(1)

Fire Department;

(2)

Street Department shop; and

(3)

Utilities Department shop.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)

§ 151.078 - G-3 GOVERNMENT DISTRICT (INFRASTRUCTURE/FACILITIES).

(A)

Purpose. The intent of the G-3 Zoning District is to provide areas for infrastructure associated with local, state, or federal governmental uses that may or may not be manned. Setbacks and other restrictions/requirements will be determined on a case-by-case basis considering the specific use of the planned facilities and the zoning classifications of adjacent and neighboring properties.

(B)

Permitted uses. The following uses shall be permitted in the G-3 Zoning District (including, but not limited to):

(1)

Electric substations;

(2)

Water treatment plants;

(3)

Water pumping stations; and

(4)

Sewer lift stations.

(Ord. 2023-12-12-01, § 1(Exh.), passed 12-12-2023)