ZONING DISTRICTS
(a)
Designation of districts.
(1)
The county establishes the following zoning districts:
a.
"F-1" Floodplain District.
b.
"C-1" Camping District.
c.
"A-1" Agricultural District.
d.
"A-R" Agricultural Residential.
e.
"R-1" One-Family Residence Districts.
f.
"R-2" One- and Two-Family Residence District.
g.
"R-3" Multifamily Residence District.
h.
"B-1" Office District.
i.
"B-2" Retail and Service District.
j.
"B-3" Wholesale District.
k.
"I-1" Light Industrial District.
l.
"I-2" Heavy Industrial District.
(2)
For purposes of applying rules relating to the restrictiveness of a district, the districts are listed from most to least restricted in subsection (a)(1) of this section.
(b)
Zoning map.
(1)
The boundaries of these districts are established on the map titled "zoning map."
(2)
The zoning map accompanies and is made a part of these regulations.
(c)
Territorial jurisdiction.
(1)
Territory deannexed from a municipality. All territory that is deannexed from a municipality is classified "A-1" under this article. The county may change the zoning classification by following the rezoning procedures.
(2)
Municipal zoning. If a setback or distancing regulation in this chapter includes an area within a municipality:
a.
Any setback requirements in a municipal zoning district apply to any property boundary adjoining the municipal district.
b.
If there is a conflict between the municipal and county zoning regulations, the county regulations apply.
c.
If the property includes both municipal and county districts, the county zoning regulations apply to the county portion unless the property is annexed to the municipality.
(Compiled Ords. 2013, § 19-2.1; Ord. No. 2, 3-21-2018)
This district protects the public from flooding and flood hazards, as provided in the county's flood prevention and protection regulations (chapter 16, article II).
(1)
Applicability.
a.
The "F-1" zone, as shown on the zoning maps, shows areas of potential flooding which overlay other zoning classifications. Where the "F-1" district as shown on the zoning map differs from the official federal floodplain maps, the federal maps apply.
b.
To the extent that there are any conflicts between this section and chapter 16, chapter 16 applies.
(2)
Permitted uses. Permitted uses are those allowed in the base zoning district (see sections 39-29 to 39-39). All permitted uses must comply with chapter 16.
(3)
Dimensional standards. The regulations governing height, floor area, lot area, frontage and yards are as established in the base zoning districts when not in conflict with chapter 16.
(4)
Variances. All variances granted in the "F-1" overlay zone will comply with section 39-147. To the extent that there are any conflicts, chapter 16 requirements prevail over section 39-147.
(Compiled Ords. 2013, § 19-2.2)
The camping district provides areas for recreational uses, especially along the county's waterways. The camping district classification does not affect any requirements found in chapter 16.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(Compiled Ords. 2013, § 19-2.3)
The purpose of the agricultural district is to preserve, to the greatest extent possible, the agricultural base of the county. This is to be accomplished by limiting the allowable and conditional uses and also through the use of the LESA program when considering proposed changes to other zoning classifications.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards.
a.
Buildings, structures and development shall comply with the following standards:
b.
Uses classified as agriculture/forestry (see section 39-41, Use matrix) are not subject to the height, lot size or width, or side or rear setback requirements. Those uses are subject to the centerline setback. The minimum lot size requirement applies to residences on land used for agricultural purposes, but not to other land used for agricultural purposes.
(Compiled Ords. 2013, § 19-2.4)
The purpose of the agricultural residential district is to provide a special district for larger lot, residential subdivisions in agricultural areas while ensuring continued protection of the right to farm for surrounding agricultural lands.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(3)
Lot area, frontage and yard requirements. In critical soils areas as listed in section 39-84(f), the required lot size is determined by the county health department but shall not exceed 54,000 square feet. Additional requirements, exceptions and modifications are found in section 39-76.
(Compiled Ords. 2013, § 19-2.5)
The purpose of the one-family residence district is to provide for residential uses on lots smaller than those permitted in the A-1 and A-R districts where soils allow.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(Compiled Ords. 2013, § 19-2.6)
The purpose of this district is to allow for two-family residences.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:

(1) Applies in lieu of minimum lot size where lots are served by central sewer. Measured in dwelling units per gross acre. For projects with both single-family and two-family dwellings, the maximum density is the weighted average density. This is determined by multiplying the percent single-family units by four, and the percent two-family units by six, and adding the two figures.
Maximum density = (% SF × 4) + (% 2F × 6)
Example: An applicant proposes 75 single-family units and 25 two-family units on 50 acres. The maximum density is (75 percent × 4) + (25% × 6) = 4.5. The overall density is 100 units divided by 50 gross acres, or two units/acre. The project meets the density standard.
(Compiled Ords. 2013, § 19-2.7)
The purpose of the multifamily residence district is to provide for dwellings for more than two families and for mobile home parks.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(1) Applies in lieu of minimum lot size where lots are served by central sewer.
(Compiled Ords. 2013, § 19-2.8)
The purpose of the office district is to provide a buffer commercial use which will fit in with residential uses, especially on the fringes of municipalities.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(1) When adjoining an "R" District—then equal to that "R" District's least required setback.
(2) When adjoining an "R" District—then equal to that "R" District's required rear yard.
(Compiled Ords. 2013, § 19-2.9)
The purpose of the retail and service district is to provide a general commercial classification which will correspond to most municipal general business uses. It will cover the bulk of those commercial uses commonly found in the various types of shopping centers.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(1) When adjoining an "R" District—then equal to that "R" District's least required setback.
(2) When adjoining an "R" District—then equal to that "R" District's required rear yard.
(Compiled Ords. 2013, § 19-2.10)
The purpose of the wholesale district is to provide a classification for those uses which commonly stand alone or require a large area for storage or display of goods. These uses often do not fit with the common retail or service business uses.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(1) When adjoining an "R" district—then equal to that "R" district's least required setback.
(2) When adjoining an "R" district—then equal to that "R" district's required rear yard.
(Compiled Ords. 2013, § 19-2.11)
The purpose of the light industrial district is to provide areas for manufacturing and certain other uses which conflict with uses in other classifications. Conflicts may be in the way of noise, odor, dust or traffic produced, but are not of a constant or unbearable nature.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(3)
Additional standards. No part of a building occupied by a use classified as manufacturing/industrial (see Use matrix, section 39-41) shall have openings other than stationary windows or required fire exits within 100 feet of any "R" district.
(Compiled Ords. 2013, § 19-2.12)
The purpose of the heavy industrial district is to provide for those uses that do not fit with the character of the other classifications because of the possible effects that they may have on the surrounding environment. Such effects may be of a visual or audio nature.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(3)
Additional standards.
a.
Any use of land or of structures engaged in the production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products listed in the Use matrix (section 39-41), shall be located at least 200 feet from any "R" district and 50 feet from any "B" district.
b.
No use permitted under this in the I-2 district shall be so placed as to detract from a designated scenic or historic area.
(Compiled Ords. 2013, § 19-2.13)
This section allows planned unit developments (PUDs) to:
(1)
Provide development that accords with the comprehensive plan and promotes the goals and objectives of the plan;
(2)
Identify and obtain certain advantages over conventional development of the site that provide superior development and infrastructure;
(3)
Grant relief from fixed regulations of conventional zones by general regulatory guidelines that obtain development premiums in return for development quality of significant community benefit not otherwise available from fixed regulations;
(4)
Provide a living, working and shopping environment within the layout of the site that contributes to a sense of community and a coherent living style;
(5)
Encourage innovative site plans that provide and enhance pleasing and desirable cultural amenities;
(6)
Provide a development framework that obtains commercial and industrial business activity that significantly improves the economic development of the county;
(7)
Encourage the preservation and enhancement of the natural amenities of land and protect the natural features of the site that relates to its topography, shape and size;
(8)
Obtain more usable open space and recreation space than that expected by the use of conventional regulations; and
(9)
Reduce improvement costs through more efficient arrangement of varied land uses, buildings, circulation systems and infrastructure.
a.
Applicability. The following apply to all planned unit developments (PUDs) in the county:
1.
A PUD is designated through the rezoning process. An applicant may file a preliminary plat application concurrent with an application to rezone to a PUD district.
2.
The following eligibility criteria must apply to all proposed PUDs:
(i)
The entire tract must have a unified design. The entire tract must be developed as a single design entity even though it may be developed in phases or contain a wide variety of uses and activities otherwise not compatible with one another.
(ii)
The entire tract must be under single control. All land in the tract submitted in the PUD application must be under the control of the applicant. A narrative text must accompany the preliminary plan to demonstrate that this control will be workable throughout the PUD development period.
(iii)
Minimum size of tract is required. A PUD under this article will require a minimum tract size of ten acres.
b.
Permitted uses.
1.
The permitted uses in a PUD are designated in an ordinance approving a rezoning to a PUD district.
2.
An applicant may use the PUD process, along with subdivision plat approval, to process:
(i)
A development with multiple uses, such as single-family and multifamily dwelling uses, residential and non-residential uses, or office parks with commercial uses.
(ii)
A buffered subdivision (section 39-242).
c.
Design standards.
1.
Perimeter area.
(i)
The area of a proposed PUD site, beginning at the site boundary and extending into the site at the distance established below, is known as the perimeter area. Perimeter areas are established to ensure adjoining property owners that the proposed PUD will be compatible with existing or future abutting conventional development.
(ii)
The standards for zone yards, spacing between buildings and minimum lot areas in the PUD perimeter area will be equal to those of the conventional zone.
(iii)
Maximum height and allowable uses in the PUD perimeter area will be restricted to those of the uses and heights allowed by right in abutting zones. Additional height may be allowed in the PUD perimeter if greater setbacks and/or appropriate landscape screens are provided.
(iv)
Buffers (open areas of land along the site boundary) are required on all sides of PUDs. Buffers are on the outer edge and are included in the required perimeter area.
2.
Specific development standards for residential PUD sites shall be regulated by conditions imposed as part of the PUD rezoning.
3.
PUD applicants will describe, in narrative text accompanying the preliminary plan, the proposed design principles to establish a uniform format for signs within the PUD. Illustrations must be shown in this narrative.
4.
Environmental concerns will also be examined. The PUD applicant will demonstrate that the proposed plan enhances the natural features of the site, minimizes environmental degradation, provides quality open spaces and does not increase runoff onto adjoining properties.
5.
Construction specifications for any infrastructure must be approved by the county engineer as provided in article III of this chapter.
6.
The spacing of buildings and landscaping, and the layout of streets, wherever possible, must be oriented on site plans to optimize solar exposure for buildings on and off the PUD tract.
d.
Design incentives. The incentives in this subsection encourage innovative and flexible design techniques in the design of proposed PUDs in the county.
1.
Zero lot line.
(i)
The application may use zero lot line techniques that shift dwellings to one side of a lot, along with usable outdoor living space in the remaining side yard.
(ii)
The wall of a dwelling on the zero lot line shall have no windows or openings onto the abutting lot.
(iii)
The county board may grant a density bonus of ten percent if the zero lot line technique is used.
(iv)
If a density bonus is granted, an additional ten percent in common open space is required.
(v)
The zero lot line technique is limited to a maximum of 30 percent of the total dwelling units.
2.
Cluster developments may be used on cul-de-sacs or driveway courts. Such developments will transfer the space gained from any reduction in front and side yards to common open space adjoining the rear yards.
(i)
A density bonus of ten percent may be granted when cluster developments are used.
(ii)
If a density bonus is granted, an additional ten percent in common open space is required.
3.
On-site density transfers are allowed if the maximum density imposed on the PUD tract is not exceeded. A transfer of density will not be made to the perimeter area.
4.
Average lot size development techniques may be used in the case of two-family dwelling units. The average size of those lots must be equal to the required lot size in the "R-2" zone. This technique does not apply to the perimeter area.
e.
Density bonuses.
1.
Three types of density bonuses are established for PUDs in the county.
(i)
A density bonus of ten percent may be granted for the use of zero lot line or cluster developments. If both techniques are used in a single site plan, a bonus of 15 percent may be granted.
(ii)
A density bonus of ten percent may be granted for providing additional common open space and special landscaping beyond the minimum requirements.
(iii)
A density bonus of ten percent may be granted for providing low-and moderate-priced housing or other needed community services as determined by the county board.
2.
These bonus densities may be added together when combinations are used in a PUD or a phase of a PUD, but the maximum bonus will be 25 percent.
3.
The bonus densities are calculated as a percentage of the conventional districts immediately abutting the proposed development.
4.
Bonus densities are figured on the net size of a PUD or phase of a PUD. This excludes public rights-of-way but includes common open space, private streets, and parking and service areas. In no case, however, shall the percentage of common open space in the PUD be reduced below the minimum.
f.
Common open space.
1.
Common open space is required in all proposed PUDs in the county.
2.
Common open space shall be available to and usable by all occupants of the PUD.
3.
The width of any common open space shall be at least 100 feet.
4.
Documentation is required that designates the entity having ownership, maintenance and management responsibility of common open space after development of the PUD.
5.
Common open space shall comprise at least 15 percent of the net area of the PUD. Dedicated public parks count as part of this requirement.
6.
Improvements in the common open space shall be installed and paid for by the developer and shall be clearly depicted on the preliminary plat. These include:
(i)
Site grading.
(ii)
Planned landscaping.
(iii)
Water bodies.
(iv)
Walkways and/or bridle paths.
(v)
Roads, drives and parking areas.
(vi)
Recreation areas and buildings such as clubhouses, swimming pools or golf courses.
(vii)
Irrigation and sprinkler systems.
(viii)
Erosion control facilities.
g.
Ownership documents.
1.
Developers of PUDs in the county will file documents setting forth details of ownership, leases, warranties, covenants and bylaws which will govern all aspects of the PUD upon its completion or the completion of any of its phases. These documents will be recorded with the final development plat in the recorder's office.
2.
Deeds of ownership will consist of three sections:
(i)
The deed section will legally describe the lot which is being transferred in ownership.
(ii)
The warrant section will guarantee the transfer of ownership conveyed and described in the deed section.
(iii)
The covenant section will list any conditions or restrictions of ownership in the PUD.
3.
Deeds of ownership will describe the types of property being conveyed by or retained by the developer.
(i)
Unit of ownership deeds will convey property to an individual purchaser or shareholder. The individual owner will receive such a deed from the developer or through resale by a previous owner. This deed will specify how the individual property owner's share of ownership in any common property is determined.
(ii)
Common property will be that property retained by the developer for common use, property dedicated to a public body for such a use or put under the ownership of a PUD association. This deed will indicate the individual owner's rights regarding common property.
h.
Leases.
1.
Leases may be either annual or long-term depending on the use of the property. Residential leases will normally be annual leases and commercial/industrial leases will normally be long-term.
2.
Residential leases need not contain the full documentation but may be limited to rules of behavior and the bylaws.
3.
Long-term leases will require full documentation accompanying the lease upon conveyance of the lease.
i.
Association bylaws.
1.
If an association is proposed in conjunction with a PUD, bylaws will be required. They will also be filed with the recorder's office when the final plat for the PUD or phase of the PUD is filed. Bylaws will consist of three parts as follows:
2.
The bylaws will describe the organization of the PUD association including:
(i)
Composition and function of its board of directors, executive board and its executive officers as appropriate.
(ii)
Qualifications, duties and number of members on the board of directors of the association.
(iii)
Number of board meetings required per year. An annual meeting of the association is required for the purpose of submitting an annual budget to the shareholders.
3.
The bylaws will describe the duties of the PUD association through its board of directors, officers, staff or contracts with others. These duties shall include at a minimum:
(i)
Trash collection and disposal.
(ii)
Grounds maintenance of public open space including mowing, trimming and planting.
(iii)
Snow removal.
(iv)
Maintenance of streets, walks, paths, drives and parking areas.
(v)
Maintenance of buildings owned by the association.
(vi)
Maintenance of interior portions of leased residential buildings.
(vii)
Carrying out any programs authorized by the association budget.
4.
The bylaws will also specify the duties and obligations of the individual owners of the PUD. These duties may include:
(i)
Rules of behavior.
(ii)
Limitations on physical changes to buildings and lots.
(iii)
Association dues.
(iv)
Penalties and remedies imposed on violations of the bylaws by individual owners.
j.
Administration. PUD approval is handled in the same manner as conventional zoning and platting in the county, with the following additional requirements:
1.
A PUD is designated through the rezoning process (see article IV of this chapter). The applicant shall include a preliminary plan with the rezoning application. The county board may approve the rezoning with conditions.
2.
The platting procedure for a PUD will follow the procedures set forth in article IV of this chapter. The applicant may file a sketch plan or preliminary plat with the rezoning application.
3.
After a PUD rezoning and preliminary plan is approved, the applicant shall file a final plan for each phase of the PUD. The administrator will approve the final plan if it complies with the approved preliminary plan and does not request a variance.
4.
The applicant shall file any request for a variance from a PUD condition or the approved preliminary plan with the zoning hearing officer.
(i)
The administrator shall determine whether the variance is major or minor.
A.
Major variances include:
i.
A variance to reduce the minimum lot size or to increase the approved maximum density.
ii.
A variance that would change another zoning standard in the PUD such as an increase in height.
iii.
A variance that might create a violation of other local or state requirements for PUDs.
iv.
Any reduction in common open space.
v.
A reduction in the width of a perimeter area or buffer area.
vi.
A revision to any condition designated by the county board as a major condition.
vii.
Any other change in conditions that the administrator determines will substantially alter the character of the approval.
B.
All other variances are considered minor variances.
(ii)
The zoning hearing officer may approve minor variances to the plan upon recommendation of the sketch plan review committee.
(iii)
A major variance requires resubmittal of the PUD for a complete review.
(Compiled Ords. 2013, § 19-2.14; Res. No. 1, 10-18-1994; Ord. No. 12-2020-19, § 3, 12-22-2020)
(a)
Generally. The permitted, special and accessory uses within each zoning district are set out in table 2-1, Use matrix, below. The use table establishes the following categories of uses:
(b)
Unlisted uses. If a use is not listed in the use matrix, the zoning hearing officer may approve any other use which in the opinion of the zoning hearing officer will, when located, constructed and operated as proposed, be of the same general character as the permitted uses in the district.
Table 2-1. Use Matrix
(Compiled Ords. 2013, § 19-2.15; Ord. No. 4, 5-20-2014; Ord. No. 1-2017(2), 4-18-2017; Ord. No. 2, 3-21-2018; Ord. No. 12-2019-3, 12-17-2019; Ord. No. 12-2020-19, § 3, 12-22-2020)
ZONING DISTRICTS
(a)
Designation of districts.
(1)
The county establishes the following zoning districts:
a.
"F-1" Floodplain District.
b.
"C-1" Camping District.
c.
"A-1" Agricultural District.
d.
"A-R" Agricultural Residential.
e.
"R-1" One-Family Residence Districts.
f.
"R-2" One- and Two-Family Residence District.
g.
"R-3" Multifamily Residence District.
h.
"B-1" Office District.
i.
"B-2" Retail and Service District.
j.
"B-3" Wholesale District.
k.
"I-1" Light Industrial District.
l.
"I-2" Heavy Industrial District.
(2)
For purposes of applying rules relating to the restrictiveness of a district, the districts are listed from most to least restricted in subsection (a)(1) of this section.
(b)
Zoning map.
(1)
The boundaries of these districts are established on the map titled "zoning map."
(2)
The zoning map accompanies and is made a part of these regulations.
(c)
Territorial jurisdiction.
(1)
Territory deannexed from a municipality. All territory that is deannexed from a municipality is classified "A-1" under this article. The county may change the zoning classification by following the rezoning procedures.
(2)
Municipal zoning. If a setback or distancing regulation in this chapter includes an area within a municipality:
a.
Any setback requirements in a municipal zoning district apply to any property boundary adjoining the municipal district.
b.
If there is a conflict between the municipal and county zoning regulations, the county regulations apply.
c.
If the property includes both municipal and county districts, the county zoning regulations apply to the county portion unless the property is annexed to the municipality.
(Compiled Ords. 2013, § 19-2.1; Ord. No. 2, 3-21-2018)
This district protects the public from flooding and flood hazards, as provided in the county's flood prevention and protection regulations (chapter 16, article II).
(1)
Applicability.
a.
The "F-1" zone, as shown on the zoning maps, shows areas of potential flooding which overlay other zoning classifications. Where the "F-1" district as shown on the zoning map differs from the official federal floodplain maps, the federal maps apply.
b.
To the extent that there are any conflicts between this section and chapter 16, chapter 16 applies.
(2)
Permitted uses. Permitted uses are those allowed in the base zoning district (see sections 39-29 to 39-39). All permitted uses must comply with chapter 16.
(3)
Dimensional standards. The regulations governing height, floor area, lot area, frontage and yards are as established in the base zoning districts when not in conflict with chapter 16.
(4)
Variances. All variances granted in the "F-1" overlay zone will comply with section 39-147. To the extent that there are any conflicts, chapter 16 requirements prevail over section 39-147.
(Compiled Ords. 2013, § 19-2.2)
The camping district provides areas for recreational uses, especially along the county's waterways. The camping district classification does not affect any requirements found in chapter 16.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(Compiled Ords. 2013, § 19-2.3)
The purpose of the agricultural district is to preserve, to the greatest extent possible, the agricultural base of the county. This is to be accomplished by limiting the allowable and conditional uses and also through the use of the LESA program when considering proposed changes to other zoning classifications.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards.
a.
Buildings, structures and development shall comply with the following standards:
b.
Uses classified as agriculture/forestry (see section 39-41, Use matrix) are not subject to the height, lot size or width, or side or rear setback requirements. Those uses are subject to the centerline setback. The minimum lot size requirement applies to residences on land used for agricultural purposes, but not to other land used for agricultural purposes.
(Compiled Ords. 2013, § 19-2.4)
The purpose of the agricultural residential district is to provide a special district for larger lot, residential subdivisions in agricultural areas while ensuring continued protection of the right to farm for surrounding agricultural lands.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(3)
Lot area, frontage and yard requirements. In critical soils areas as listed in section 39-84(f), the required lot size is determined by the county health department but shall not exceed 54,000 square feet. Additional requirements, exceptions and modifications are found in section 39-76.
(Compiled Ords. 2013, § 19-2.5)
The purpose of the one-family residence district is to provide for residential uses on lots smaller than those permitted in the A-1 and A-R districts where soils allow.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(Compiled Ords. 2013, § 19-2.6)
The purpose of this district is to allow for two-family residences.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:

(1) Applies in lieu of minimum lot size where lots are served by central sewer. Measured in dwelling units per gross acre. For projects with both single-family and two-family dwellings, the maximum density is the weighted average density. This is determined by multiplying the percent single-family units by four, and the percent two-family units by six, and adding the two figures.
Maximum density = (% SF × 4) + (% 2F × 6)
Example: An applicant proposes 75 single-family units and 25 two-family units on 50 acres. The maximum density is (75 percent × 4) + (25% × 6) = 4.5. The overall density is 100 units divided by 50 gross acres, or two units/acre. The project meets the density standard.
(Compiled Ords. 2013, § 19-2.7)
The purpose of the multifamily residence district is to provide for dwellings for more than two families and for mobile home parks.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(1) Applies in lieu of minimum lot size where lots are served by central sewer.
(Compiled Ords. 2013, § 19-2.8)
The purpose of the office district is to provide a buffer commercial use which will fit in with residential uses, especially on the fringes of municipalities.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(1) When adjoining an "R" District—then equal to that "R" District's least required setback.
(2) When adjoining an "R" District—then equal to that "R" District's required rear yard.
(Compiled Ords. 2013, § 19-2.9)
The purpose of the retail and service district is to provide a general commercial classification which will correspond to most municipal general business uses. It will cover the bulk of those commercial uses commonly found in the various types of shopping centers.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(1) When adjoining an "R" District—then equal to that "R" District's least required setback.
(2) When adjoining an "R" District—then equal to that "R" District's required rear yard.
(Compiled Ords. 2013, § 19-2.10)
The purpose of the wholesale district is to provide a classification for those uses which commonly stand alone or require a large area for storage or display of goods. These uses often do not fit with the common retail or service business uses.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(1) When adjoining an "R" district—then equal to that "R" district's least required setback.
(2) When adjoining an "R" district—then equal to that "R" district's required rear yard.
(Compiled Ords. 2013, § 19-2.11)
The purpose of the light industrial district is to provide areas for manufacturing and certain other uses which conflict with uses in other classifications. Conflicts may be in the way of noise, odor, dust or traffic produced, but are not of a constant or unbearable nature.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(3)
Additional standards. No part of a building occupied by a use classified as manufacturing/industrial (see Use matrix, section 39-41) shall have openings other than stationary windows or required fire exits within 100 feet of any "R" district.
(Compiled Ords. 2013, § 19-2.12)
The purpose of the heavy industrial district is to provide for those uses that do not fit with the character of the other classifications because of the possible effects that they may have on the surrounding environment. Such effects may be of a visual or audio nature.
(1)
Permitted uses. See Use matrix (section 39-41).
(2)
Dimensional standards. Buildings, structures and development shall comply with the following standards:
(3)
Additional standards.
a.
Any use of land or of structures engaged in the production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products listed in the Use matrix (section 39-41), shall be located at least 200 feet from any "R" district and 50 feet from any "B" district.
b.
No use permitted under this in the I-2 district shall be so placed as to detract from a designated scenic or historic area.
(Compiled Ords. 2013, § 19-2.13)
This section allows planned unit developments (PUDs) to:
(1)
Provide development that accords with the comprehensive plan and promotes the goals and objectives of the plan;
(2)
Identify and obtain certain advantages over conventional development of the site that provide superior development and infrastructure;
(3)
Grant relief from fixed regulations of conventional zones by general regulatory guidelines that obtain development premiums in return for development quality of significant community benefit not otherwise available from fixed regulations;
(4)
Provide a living, working and shopping environment within the layout of the site that contributes to a sense of community and a coherent living style;
(5)
Encourage innovative site plans that provide and enhance pleasing and desirable cultural amenities;
(6)
Provide a development framework that obtains commercial and industrial business activity that significantly improves the economic development of the county;
(7)
Encourage the preservation and enhancement of the natural amenities of land and protect the natural features of the site that relates to its topography, shape and size;
(8)
Obtain more usable open space and recreation space than that expected by the use of conventional regulations; and
(9)
Reduce improvement costs through more efficient arrangement of varied land uses, buildings, circulation systems and infrastructure.
a.
Applicability. The following apply to all planned unit developments (PUDs) in the county:
1.
A PUD is designated through the rezoning process. An applicant may file a preliminary plat application concurrent with an application to rezone to a PUD district.
2.
The following eligibility criteria must apply to all proposed PUDs:
(i)
The entire tract must have a unified design. The entire tract must be developed as a single design entity even though it may be developed in phases or contain a wide variety of uses and activities otherwise not compatible with one another.
(ii)
The entire tract must be under single control. All land in the tract submitted in the PUD application must be under the control of the applicant. A narrative text must accompany the preliminary plan to demonstrate that this control will be workable throughout the PUD development period.
(iii)
Minimum size of tract is required. A PUD under this article will require a minimum tract size of ten acres.
b.
Permitted uses.
1.
The permitted uses in a PUD are designated in an ordinance approving a rezoning to a PUD district.
2.
An applicant may use the PUD process, along with subdivision plat approval, to process:
(i)
A development with multiple uses, such as single-family and multifamily dwelling uses, residential and non-residential uses, or office parks with commercial uses.
(ii)
A buffered subdivision (section 39-242).
c.
Design standards.
1.
Perimeter area.
(i)
The area of a proposed PUD site, beginning at the site boundary and extending into the site at the distance established below, is known as the perimeter area. Perimeter areas are established to ensure adjoining property owners that the proposed PUD will be compatible with existing or future abutting conventional development.
(ii)
The standards for zone yards, spacing between buildings and minimum lot areas in the PUD perimeter area will be equal to those of the conventional zone.
(iii)
Maximum height and allowable uses in the PUD perimeter area will be restricted to those of the uses and heights allowed by right in abutting zones. Additional height may be allowed in the PUD perimeter if greater setbacks and/or appropriate landscape screens are provided.
(iv)
Buffers (open areas of land along the site boundary) are required on all sides of PUDs. Buffers are on the outer edge and are included in the required perimeter area.
2.
Specific development standards for residential PUD sites shall be regulated by conditions imposed as part of the PUD rezoning.
3.
PUD applicants will describe, in narrative text accompanying the preliminary plan, the proposed design principles to establish a uniform format for signs within the PUD. Illustrations must be shown in this narrative.
4.
Environmental concerns will also be examined. The PUD applicant will demonstrate that the proposed plan enhances the natural features of the site, minimizes environmental degradation, provides quality open spaces and does not increase runoff onto adjoining properties.
5.
Construction specifications for any infrastructure must be approved by the county engineer as provided in article III of this chapter.
6.
The spacing of buildings and landscaping, and the layout of streets, wherever possible, must be oriented on site plans to optimize solar exposure for buildings on and off the PUD tract.
d.
Design incentives. The incentives in this subsection encourage innovative and flexible design techniques in the design of proposed PUDs in the county.
1.
Zero lot line.
(i)
The application may use zero lot line techniques that shift dwellings to one side of a lot, along with usable outdoor living space in the remaining side yard.
(ii)
The wall of a dwelling on the zero lot line shall have no windows or openings onto the abutting lot.
(iii)
The county board may grant a density bonus of ten percent if the zero lot line technique is used.
(iv)
If a density bonus is granted, an additional ten percent in common open space is required.
(v)
The zero lot line technique is limited to a maximum of 30 percent of the total dwelling units.
2.
Cluster developments may be used on cul-de-sacs or driveway courts. Such developments will transfer the space gained from any reduction in front and side yards to common open space adjoining the rear yards.
(i)
A density bonus of ten percent may be granted when cluster developments are used.
(ii)
If a density bonus is granted, an additional ten percent in common open space is required.
3.
On-site density transfers are allowed if the maximum density imposed on the PUD tract is not exceeded. A transfer of density will not be made to the perimeter area.
4.
Average lot size development techniques may be used in the case of two-family dwelling units. The average size of those lots must be equal to the required lot size in the "R-2" zone. This technique does not apply to the perimeter area.
e.
Density bonuses.
1.
Three types of density bonuses are established for PUDs in the county.
(i)
A density bonus of ten percent may be granted for the use of zero lot line or cluster developments. If both techniques are used in a single site plan, a bonus of 15 percent may be granted.
(ii)
A density bonus of ten percent may be granted for providing additional common open space and special landscaping beyond the minimum requirements.
(iii)
A density bonus of ten percent may be granted for providing low-and moderate-priced housing or other needed community services as determined by the county board.
2.
These bonus densities may be added together when combinations are used in a PUD or a phase of a PUD, but the maximum bonus will be 25 percent.
3.
The bonus densities are calculated as a percentage of the conventional districts immediately abutting the proposed development.
4.
Bonus densities are figured on the net size of a PUD or phase of a PUD. This excludes public rights-of-way but includes common open space, private streets, and parking and service areas. In no case, however, shall the percentage of common open space in the PUD be reduced below the minimum.
f.
Common open space.
1.
Common open space is required in all proposed PUDs in the county.
2.
Common open space shall be available to and usable by all occupants of the PUD.
3.
The width of any common open space shall be at least 100 feet.
4.
Documentation is required that designates the entity having ownership, maintenance and management responsibility of common open space after development of the PUD.
5.
Common open space shall comprise at least 15 percent of the net area of the PUD. Dedicated public parks count as part of this requirement.
6.
Improvements in the common open space shall be installed and paid for by the developer and shall be clearly depicted on the preliminary plat. These include:
(i)
Site grading.
(ii)
Planned landscaping.
(iii)
Water bodies.
(iv)
Walkways and/or bridle paths.
(v)
Roads, drives and parking areas.
(vi)
Recreation areas and buildings such as clubhouses, swimming pools or golf courses.
(vii)
Irrigation and sprinkler systems.
(viii)
Erosion control facilities.
g.
Ownership documents.
1.
Developers of PUDs in the county will file documents setting forth details of ownership, leases, warranties, covenants and bylaws which will govern all aspects of the PUD upon its completion or the completion of any of its phases. These documents will be recorded with the final development plat in the recorder's office.
2.
Deeds of ownership will consist of three sections:
(i)
The deed section will legally describe the lot which is being transferred in ownership.
(ii)
The warrant section will guarantee the transfer of ownership conveyed and described in the deed section.
(iii)
The covenant section will list any conditions or restrictions of ownership in the PUD.
3.
Deeds of ownership will describe the types of property being conveyed by or retained by the developer.
(i)
Unit of ownership deeds will convey property to an individual purchaser or shareholder. The individual owner will receive such a deed from the developer or through resale by a previous owner. This deed will specify how the individual property owner's share of ownership in any common property is determined.
(ii)
Common property will be that property retained by the developer for common use, property dedicated to a public body for such a use or put under the ownership of a PUD association. This deed will indicate the individual owner's rights regarding common property.
h.
Leases.
1.
Leases may be either annual or long-term depending on the use of the property. Residential leases will normally be annual leases and commercial/industrial leases will normally be long-term.
2.
Residential leases need not contain the full documentation but may be limited to rules of behavior and the bylaws.
3.
Long-term leases will require full documentation accompanying the lease upon conveyance of the lease.
i.
Association bylaws.
1.
If an association is proposed in conjunction with a PUD, bylaws will be required. They will also be filed with the recorder's office when the final plat for the PUD or phase of the PUD is filed. Bylaws will consist of three parts as follows:
2.
The bylaws will describe the organization of the PUD association including:
(i)
Composition and function of its board of directors, executive board and its executive officers as appropriate.
(ii)
Qualifications, duties and number of members on the board of directors of the association.
(iii)
Number of board meetings required per year. An annual meeting of the association is required for the purpose of submitting an annual budget to the shareholders.
3.
The bylaws will describe the duties of the PUD association through its board of directors, officers, staff or contracts with others. These duties shall include at a minimum:
(i)
Trash collection and disposal.
(ii)
Grounds maintenance of public open space including mowing, trimming and planting.
(iii)
Snow removal.
(iv)
Maintenance of streets, walks, paths, drives and parking areas.
(v)
Maintenance of buildings owned by the association.
(vi)
Maintenance of interior portions of leased residential buildings.
(vii)
Carrying out any programs authorized by the association budget.
4.
The bylaws will also specify the duties and obligations of the individual owners of the PUD. These duties may include:
(i)
Rules of behavior.
(ii)
Limitations on physical changes to buildings and lots.
(iii)
Association dues.
(iv)
Penalties and remedies imposed on violations of the bylaws by individual owners.
j.
Administration. PUD approval is handled in the same manner as conventional zoning and platting in the county, with the following additional requirements:
1.
A PUD is designated through the rezoning process (see article IV of this chapter). The applicant shall include a preliminary plan with the rezoning application. The county board may approve the rezoning with conditions.
2.
The platting procedure for a PUD will follow the procedures set forth in article IV of this chapter. The applicant may file a sketch plan or preliminary plat with the rezoning application.
3.
After a PUD rezoning and preliminary plan is approved, the applicant shall file a final plan for each phase of the PUD. The administrator will approve the final plan if it complies with the approved preliminary plan and does not request a variance.
4.
The applicant shall file any request for a variance from a PUD condition or the approved preliminary plan with the zoning hearing officer.
(i)
The administrator shall determine whether the variance is major or minor.
A.
Major variances include:
i.
A variance to reduce the minimum lot size or to increase the approved maximum density.
ii.
A variance that would change another zoning standard in the PUD such as an increase in height.
iii.
A variance that might create a violation of other local or state requirements for PUDs.
iv.
Any reduction in common open space.
v.
A reduction in the width of a perimeter area or buffer area.
vi.
A revision to any condition designated by the county board as a major condition.
vii.
Any other change in conditions that the administrator determines will substantially alter the character of the approval.
B.
All other variances are considered minor variances.
(ii)
The zoning hearing officer may approve minor variances to the plan upon recommendation of the sketch plan review committee.
(iii)
A major variance requires resubmittal of the PUD for a complete review.
(Compiled Ords. 2013, § 19-2.14; Res. No. 1, 10-18-1994; Ord. No. 12-2020-19, § 3, 12-22-2020)
(a)
Generally. The permitted, special and accessory uses within each zoning district are set out in table 2-1, Use matrix, below. The use table establishes the following categories of uses:
(b)
Unlisted uses. If a use is not listed in the use matrix, the zoning hearing officer may approve any other use which in the opinion of the zoning hearing officer will, when located, constructed and operated as proposed, be of the same general character as the permitted uses in the district.
Table 2-1. Use Matrix
(Compiled Ords. 2013, § 19-2.15; Ord. No. 4, 5-20-2014; Ord. No. 1-2017(2), 4-18-2017; Ord. No. 2, 3-21-2018; Ord. No. 12-2019-3, 12-17-2019; Ord. No. 12-2020-19, § 3, 12-22-2020)