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§ 161.291 LOW AND MEDIUM DENSITY PLANNED UNIT DEVELOPMENTS (R-1) AND (R-2).
   Planned unit developments for districts R1 and R2 shall be defined as building or group of buildings situated on land which is under single ownership or unified control and which is wholly residential in nature. Planned unit developments for this district shall further meet the following criteria:
   (A)   Wholly residential development may be permitted a waiver of lot area, yard requirements and height restrictions, providing: The general intent of the district is not circumvented; consideration is given to adjoining property; adequate vehicle circulation and off- street parking meeting the requirements of the regulations for this district are provided; the density of development does not exceed the density as indicated in the statement of intent for the district; covenants to provide maintenance of commonly owned land and any improvements or facilities thereon are found to be acceptable to the City Council.
   (B)   Accessory uses including, but not limited to swimming pools, tennis courts, golf courses, community centers and other recreational uses will be permitted, but shall be limited to the residents of the planned unit development and subject to their control. Any such accessory uses shall not be of a commercial nature which are open to the general public.
   (C)   Planned unit developments shall also meet the requirements or the intent of the requirements of the Subdivision Regulations. Development may be staged, permits issued for each stage.
   (D)   The granting of a conditional use permit for a planned unit development shall be valid for a period of 12 months from date of approval. If substantial progress has not been made toward exercising the permit it shall become null and void.
(Prior Code, Art. 21, § 21-201)
§ 161.292 HIGH DENSITY PLANNED UNIT DEVELOPMENTS (R-3).
   Planned unit developments for R-3 district shall be defined as a building or groups of buildings situated on land which is under single ownership or unified control and which is either entirely residential in nature, or predominantly residential in nature, but wherein various compatible uses hereinafter indicated may be conducted. Planned unit developments for this district shall further meet the following criteria:
   (A)   A waiver of lot area, yards, height and stories requirements may be granted providing the total land area for wholly or predominantly residential uses shall be equal to or more than the sum of the total of minimum lot areas required per d.u. and minimum lot area per non- residential uses permitted in this district. To insure that adequate open space is provided, the total land for residential purposes required may not be infringed upon for parking for non-residential purposes although common parking areas will be permitted.
   (B)   Adequate vehicular circulation and off-street parking meeting the requirements of the regulations for this district are provided.
   (C)   The dwelling unit density for this district is not exceeded, and that such density shall be based upon computations in § 161.291(A) as distinct from non-residential uses.
   (D)   Covenants to provide maintenance of commonly owned land and any improvements thereon are found to be acceptable to the City Council.
   (E)   At least 250 square foot of recreational area per dwelling unit shall be provided for recreational and playground purposes including but not limited to swimming pools, tennis courts, golf putting green, tot lot, badminton, community centers, and other recreational uses will be permitted, but shall be limited to the residents of the planned unit development and subject to their control. Any such accessory uses shall not be of a commercial nature which are open to the general public. This required recreational area may be part of the open space computed in (A) above.
   (F)   Planned unit developments shall also meet the requirements of the Subdivision Regulations. Development may be staged, permits issued for each stage.
   (G)   Permitted non-residential uses shall be limited to the following, and shall be situated so as not to conflict with the residential portion(s) of the development: parking areas for uses in less restricted districts; kindergarten or day nursery; offices of Physicians, Dentists, Architects, Attorneys, Accountants, Engineers, Real Estate, Insurance, Urban Planning, Welfare and Charitable Services, and other offices deemed to be compatible by the Planning Commission; Music, Art, or Dancing Schools; Barber and Beauty Shops; Museum and Art Galleries; Laundromat; Coffee Shop or Restaurant; Drug Stores.
   (H)   The granting of a conditional use permit for a planned unit development shall be valid for a period of 12 months from the date of approval. If substantial progress has not been made toward exercising the permit it shall become null and void.
(Prior Code, Art. 21, § 21-202)
§ 161.293 PLANNED MANUFACTURED HOME DEVELOPMENTS (R-MH).
   (A)   Planned Manufactured Home Developments are permitted as a matter of right in districts zoned as Planned Manufactured Home Districts (R-MH). However, to implement the Statement of Intent for this district in the Schedule of District Regulations the following standards shall be met by any applicant for rezoning.
      (1)   The proposed development shall be located so that it shall not be necessary for excessive traffic movement from the development to pass through an existing single family residential area or an area designated in the Comprehensive Plan solely for single family residential development. The proposed development shall have direct access onto a public road that will accommodate the projected traffic arising from the development.
      (2)   The property shall be convenient to schools, developments, and shopping facilities.
      (3)   The property is not within an area used nor planned for industrial development, nor will the occupants of the proposed development be in any way adversely affected by nearby existing or planned industrial uses.
   (B)   Site Requirements:
      (1)   Recreation or open sites shall be provided for each manufactured home development. Open site may be provided in more than one location, but no location shall contain less than two thousand (2,000) square feet. Each recreational site shall be accessible to all of the manufactured home sites in the development, and shall not be used for any other purpose. Each development should provide a minimum of 8 percent of the gross acreage for such open site for recreational purposes.
      (2)   Each site for manufactured homes shall have a minimum of 5,000 square feet, except as provided with § 157.09.
      (3)   The minimum distance required for the separation of a manufactured home from any other manufactured home shall be 15 feet. Front set back requirement within a manufactured home development shall be a minimum of 10 feet from private road. For entire manufactured home development, set back requirements shall be a minimum of 15 feet from a public street, or within 5 feet of any side or rear yard line of the manufactured home development. No accessory building shall be placed within the setback areas described above. The setback requirement required herein shall not be subject to variance.
   (C)   Access and Street Requirements:
      (1)   All manufactured home sites must be served from internal private streets within the manufactured home development and there shall be no direct access from a manufactured home site to a public street or alley.
      (2)   A minimum of two (2) off-street parking sites shall be provided for each manufactured home site. Guest parking in the ratio of one parking space per five (5) manufactured home sites shall be interspersed throughout the manufactured home development; guest off-street parking requirements may be met by off-street parking sites within the driveway of an individual manufactured home site (after minimum off-street parking for that site has been met). Each parking space shall comply with the requirements of § 161.210, Definition of “Parking Space, Off-Street”.
      (3)   All internal private streets shall be a minimum of 24 feet in width, exclusive of the required parking areas, and shall contain concrete curbs and gutters or acceptable gutters on both sides of the street. All areas used by automobiles shall be paved and meet the requirements of the City of Mt. Vernon.
      (4)   No internal private street access to public streets shall be located closer than 100 feet to any public street intersection.
      (5)   All interior cul de sac streets shall have a minimum outside turning radius of 38 feet.
      (6)   All corners shall have a minimum 15 feet radii.
      (7)   All streets shall be lighted in accordance to the standards of the City of Mt. Vernon and the State of Illinois Department of Public Health Rules and Regulations for mobile home parks.
      (8)   Stop signs shall be placed at all public street intersections. Yield signs placed appropriately on internal private streets.
      (9)   Dedication of all necessary rights-of-way to conform to the requirements of the Thoroughfare Plan shall be offered free of charge to the proper jurisdiction.
   (D)   Landscaping Required: A landscaping plan of the proposed development including at least one tree per manufactured home site of at least 1-1/2” caliper measured 3’ above the ground, shall be submitted for approval by the Plan Commission. All open sites shall be landscaped and include a permanent means of maintenance. No more than 30 percent of the landscaped area may be maintained in ornamental rock or gravel.
   (E)   Sign Requirements. Signs proposed for any manufactured home development shall be subject to architectural review of the Plan Commission, and may be indirectly or internally lighted, but shall not be flashing, moving, or have the illusion of flashing or moving. Incidental signs shall not exceed 1 square foot in area per sign, with a height limit of 4 feet; and one (1) 16 square foot development directory for each manufactured home development.
   (F)   Other Requirements:
      (1)   Applicant shall comply with applicable requirements of the Subdivision Ordinance of the City of Mt. Vernon (Chapter 159 of the Revised Code of Ordinances).
      (2)   All utilities (including without limitation sewer, water, gas, oil, telephone, T.V. and internet service lines) within the manufactured home development shall be placed underground and shall comply with all applicable laws, codes, and regulations.
      (3)   All manufactured home developments shall comply with Chapter 157 of the Revised Code of Ordinances.
      (4)   Additional development requirements may be prescribed as conditions when such requirements are determined by the Planning Department to be necessary to ensure the protection of the character of the neighboring properties, the compatibility of land uses, and the health and safety of manufactured home development occupants.
(Prior Code, Art. 21, § 21-203)
§ 161.294 LIGHT INDUSTRIAL USES (I-I).
   (A)   SMOKE - A light industrial use shall meet such requirements as are imposed by the Illinois Environmental Protection Agency or other applicable state or federal law.
   (B)   ODOR - No light industrial use may release an odor that is detectable at the lot line.
   (C)   TOXIC MATERIALS - For a light industrial use, the emission of toxic and noxious materials may not produce any concentration at a residence or business district boundary line exceeding 3% of the threshold limit values for toxic material in industry as set forth in “Threshold Limit Values” for the current year, as adopted at the annual meeting of the American Conference of Governmental Industrial Hygienists.
   (D)   GLARE AND HEAT - No light industrial use may cause heat at the lot line so intense as to be a public nuisance or hazard. No such use may cause illumination at or beyond any residence district boundary in excess of 0.1 foot candle (see footnote (2)).
   (E)   PARTICULATE MATTER (see footnote (3)) - A light industrial use shall meet such requirements as are imposed by the Illinois Environmental Protection Agency or other applicable state or federal law.
      (1)   Footnote (2) The term FOOT CANDLE means a unit of illumination equal to the illumination at all points that are 1 foot from a uniform point source of one candle power.
      (2)   Footnote (3) The term PARTICULATE MATTER means a divided liquid or solid material that is discharged and carried along in the air.
   (F)   VIBRATION - No light industrial use may cause, at the lot in continuous earthborne vibrations higher than the limits set forth in column I of the following table. Nor may it cause, at any residence district boundary, continuous earthborne vibrations higher than the limits set forth in column II.
I
II
Frequency (cycles per second)
Displacement4 (inches)
Displacement4 (inches)
More than
But not more than
I
II
Frequency (cycles per second)
Displacement4 (inches)
Displacement4 (inches)
More than
But not more than
0
10
0.0008
0.0004
10
20
0.0005
0.0002
20
30
0.0002
0.0001
30
40
0.0002
0.0001
40
50
0.0001
0.0001
50
0.0001
0.0001
Discrete pulses that do not exceed 100 impulses per minute may not produce higher than twice the displacement specified in the table.
Footnote (4) DISPLACEMENT means the maximum amount of motion in any direction as determined by any three component (simultaneous) measuring system approved by the Commission; and “three component measuring system” means instrumentation that can measure earthborne vibrations in a horizontal as well as a vertical plane.
 
   (G)   Noise (see footnote (5) in the table below) - At no boundary of a residence or business district may the sound pressure level of any light industrial use (except for background noises produced by sources not under control of this ordinance, such as the operation of motor vehicles or other transportation facilities) exceed the following decibel limits:
I
II
Octave Band Frequency (cycles per second)
Maximum Permitted Sound Level (decibels) Along Residence District Boundaries
Maximum Permitted Sound Level (decibels) Along Business District Boundaries
More Than
But Not More Than
I
II
Octave Band Frequency (cycles per second)
Maximum Permitted Sound Level (decibels) Along Residence District Boundaries
Maximum Permitted Sound Level (decibels) Along Business District Boundaries
More Than
But Not More Than
20
75
72
79
75
150
67
74
150
300
59
66
300
600
52
59
600
1200
46
53
1200
2400
40
47
2400
4800
34
41
4800
-
32
39
The prescribed limits of column I apply between 8:00 a.m. and 6:00 p.m. At other times, the allowable levels in each octave band are each reduced by 6 decibels.
Sound levels shall be measured with a sound level meter and associated octave band filter, manufactured and calibrated according to standards prescribed by the American Standards Association. Measurements shall be made using the Flat C network of the sound level meter and the fast meter movement of the octave band analyzer. Impulsive noises are subject to the performance standards prescribed by this section if they cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus 2 decibels. Noises incapable of being so measured, such as irregular and intermittent noises, shall be controlled so as not to be a nuisance to adjacent uses.
Footnote (5) OCTAVE BAND means all the frequencies from one frequency to a second. In sound octave bands, the second frequency is usually twice the first one; and “octave band filter” means an electrical device that separates the sounds in each octave band and presents them to the sound level meter.
 
   (H)   Fire Hazards (see footnote (6).
      (1)   Solid substances ranging from free or active burning may be stored, used, or manufactured only within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.
      (2)   The storage, utilization, or manufacture of flammable liquids or materials which produce flammable vapors or gases shall be permitted in accordance with the Rules and Regulations of the State Fire Marshal. A certificate of compliance, issued by the State Fire Marshal’s Office, stating that the plan and specifications for a light or general industrial use comply with the Rules and Regulations of the State Fire Marshal shall accompany the application for a certificate of zoning compliance.
      (2)   Footnote (6) FREE BURNING means a rate of combustion described by a substance that burns actively and easily supports combustion; and “Intense burning” means a rate of combustion described by a substance that burns with a high degree of activity and is consumed rapidly.
   (I)   Detonation Materials -
      (1)   No activity involving the storage, use, or manufacturing of materials that decompose by detonation may be carried on except in accordance with the rules issued by the State Fire Marshal.
      (2)   These materials include primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and their components, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine; unstable organic compounds, such as acetylides, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates, and hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials and products, and reactor elements such as uranium 235 and plutonium 239.
   (J)   Exceptions -
      (1)   These performance standards do not apply to: Site preparation or construction, maintenance, repair, alteration or improvement of buildings, structures, equipment, or other improvements on or within the lot line;
      (2)   The operation of motor vehicles or other facilities for the transportation of personnel, materials, or products;
      (3)   Conditions beyond the control of the user such as fire, explosion, accident, failure, or breakdown;
      (4)   Safety or emergency warning signals or alarms necessary for the protection of life, limb, or property; or
      (5)   Processes for which there are no known means of control.
      (6)   Research shall be promptly conducted to discover methods of control leading to the installation of protective equipment.
   (K)   Open Storage - Open storage of materials shall be kept in a neat and orderly manner. Open storage shall be limited to no more than 50% of the open storage area, and shall not exceed 5’ 0” in height. All open areas shall be screened from public view by a fence of at least 6’ 0” in height. All open storage areas shall be paved with a dust free surface.
(Prior Code, Art. 21, § 21-204)
§ 161.295 GENERAL INDUSTRIAL USES (I-2).
   (A)   Smoke - a general industrial use shall meet such requirements as are imposed by the Illinois Environmental Protection Agency or other applicable state or federal law.
   (B)   Odor - No general industrial use may release an odor that is detectable at the lot line.
   (C)   TOXIC MATERIALS - For general industrial use, the emission of toxic and noxious materials may not produce any concentration at a residence or business district boundary line exceeding 10 percent of the threshold limit values for toxic materials in industry as set forth in “Threshold Limit Values” for the current year, as adopted at the annual meeting of the American Conference of Governmental Industrial Hygienists.
   (D)   GLARE AND HEAT - No general industrial use may cause heat at the lot line so intense as to be a public nuisance or hazard. No such use may cause illumination at or beyond any residence district boundary in excess of 0.1 footcandle8. (For footnote (8), see footnote (2) in § 161.294.)
   (E)   PARTICULATE MATTER9. A general industrial use shall meet such requirements as are imposed by the Illinois Environmental Protection Agency or other applicable state or federal law. (For footnote (9), see footnote (3) in § 161.294.)
   (F)   VIBRATION - No general industrial: use may cause at any business district boundary continuous earthborne vibrations higher than the limits set forth in Column l of the following table. Nor may it cause at any residence or Mobile Home district boundary continuous earthborne vibrations higher than the limits set forth in column II.
I
II
Frequency (cycles per second)
Displacement10 (inches)
Displacement10 (inches)
More than
But not more than
I
II
Frequency (cycles per second)
Displacement10 (inches)
Displacement10 (inches)
More than
But not more than
0
10
0.002
0.0004
10
20
0.001
0.0002
20
30
0.0006
0.0001
30
40
0.0004
0.0001
40
50
0.0003
0.0001
50
0.0002
0.0001
Discrete pulses that do not exceed 100 impulses per minute may not produce higher than twice the displacement specified in the table
10See Footnote Number (4) in § 161.294
 
   (G)   NOISE11 - At no boundary of a residence or business district may the sound pressure level of any general industrial use (except for background noises produced by sources not under control of this ordinance, such as the operation of motor vehicles or other transportation facilities) exceed the following decibel limits. (For footnote (11), see footnote (5) in § 161.294.)
I
II
Octave Band Frequency (cycles per second)
Maximum Permitted Sound Level (decibels) Along Residence District Boundaries
Maximum Permitted Sound Level (decibels) Along Residence District Boundaries
More than
But not more than
I
II
Octave Band Frequency (cycles per second)
Maximum Permitted Sound Level (decibels) Along Residence District Boundaries
Maximum Permitted Sound Level (decibels) Along Residence District Boundaries
More than
But not more than
20
75
72
79
75
150
67
74
150
300
59
66
300
600
52
59
600
1200
46
53
1200
2400
40
47
2400
4800
34
41
4800
-
32
39
The prescribed limits of column I apply between 8:00 a.m. and 6:00 p.m. At other times, the allowable levels in each octave band are each reduced by 6 decibels.
Sound levels shall be measured with a sound level meter and associated octave band filter, manufactured and calibrated according to standards prescribed by the American Standards Association. Measurements shall be made using the Flat C network of the sound level meter and the fast meter movement of the octave band analyzer. Impulsive noises are subject to the performance standards prescribed by this section if they cause rapid fluctuations of the needle of the sound level meter with a variation of no more than plus or minus 2 decibels. Noises incapable of being so measured, such as irregular and intermittent noises, shall be controlled so as not to be a nuisance to adjacent uses.
 
   (H)   FIRE HAZARDS12 -
      (1)   Solid substances ranging from free or active burning to intense burning may be stored, used, or manufactured only within completely enclosed buildings having incombustible exterior walls and protected throughout by an automatic fire extinguishing system.
      (2)   The storage utilization, or manufacturing of flammable liquids or materials which produce flammable vapors or gases shall be permitted in accordance with the Rules and Regulations of the State Fire Marshal. A certificate of compliance, issued by the State Fire Marshal’s Office, stating that the plans and specifications for a light or general industrial use comply with the Rules and Regulations of the State Fire Marshal shall accompany the application for certificate of zoning compliance.
      (3)   For footnote (12), see footnote (6) in § 161.294.
   (I)   DETONATION MATERIALS - No activity involving the storage, use, or manufacturing of materials that decompose by detonation may be carried on except in accordance with the rules issued by the State Fire Marshal. These materials include primary explosives such as lead azide, lead styphnate, fulminates, and tetracene; high explosives such as TNT, RDX, HMX, PETN, and picric acid; propellants and their components, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fire works such as magnesium powder, potassium chlorate, and potassium nitrate; blasting explosives such as dynamite and nitroglycerine, unstable organic compounds such as acetylines, tetrazoles, and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorics, chlorates, and hydrogen peroxide in concentrations greater than 35 percent; and nuclear fuels, fissionable materials and products, and reactor elements such as Uranium 235 and Plutonium 239.
   (J)   EXCEPTIONS -
      (1)   These performance standards do not apply to: Site preparation or construction, maintenance, repair, alteration, or improvement of buildings, structures, equipment or other improvements on or within the lot line;
      (2)   The operation of motor vehicles or other facilities for the transportation of personnel, materials, or products; Conditions beyond the control of the user such as fire, explosion, accident, failure, or breakdown;
      (3)   Safety or emergency warning signals or alarms necessary for the protection of life, limb or property;
      (4)   or processes for which there is no known means of control.
      (5)   Research shall be promptly conducted to discover methods of control leading to the installation of protective equipment.
(Prior Code, Art. 21, § 21-205)
SCHEDULE OF DISTRICT REGULATIONS
§ 161.310 GENERAL PROVISIONS.
   (A)   The headings in the following Schedule of District Regulations are self-explanatory. However, prior to any reference to the Schedule, refer to the following General Statement of Intent which is to be used as a guide in any interpretation of the various Statements of Intent and Regulations for Land Use Districts established by this Ordinance.
   (B)   GENERAL STATEMENT OF INTENT.
      (1)   The zoning districts hereby established are to effect a plan of land use which will:
         (a)   Create order out of chaos.
         (b)   Be based upon existing land use.
         (c)   Provide a pleasant and economical living environment for inhabitants of the Community through the establishment of a variety of districts to meet individual preferences and overall community needs.
         (d)   Utilize governmental and public utilities facilities in the most economical manner possible which in turn should provide the most service for the least cost.
         (e)   Preserve and enhance property values throughout the community by keeping like and compatible uses together, and to separate incompatible uses from each other by designation on the ZONING DISTRICT MAP which is an integral part of this Ordinance.
      (2)   Land values are highest in the Central Business District Area (CBD), and diminish as the distance from the CBO increases. Therefore, it is the purpose and intent of this Ordinance to conserve, protect, enhance, and utilize to the fullest extent possible these land values which the community has created. Consequently, in establishing these districts, the general objectives are to:
         (a)   utilize the existing CBD as the starting point and allowing within the CBD only appropriate uses,
         (b)   land adjacent to the CBD should permit high density (more people per acre) residential uses, and
         (c)   land further out to be utilized for lower density residential purposes.
      (3)   Existing ownership of land is generally in relatively small lot sizes and which often will be non-conforming to this ordinance. To implement the general intent of this ordinance, it is hoped that consolidation of these smaller parcels will be achieved either through private acquisition or some type of privately owned but unified control, and that planned developments will be the rule rather than the exception, especially in non-residential areas.
      (4)   (a)   Portions of the existing thoroughfare network are the logical place for certain types of commercial uses, but should only be permitted in certain compact spots not only for their own welfare, but for the welfare of the entire community and its inhabitants. Land for industrial purposes should be provided, but location should be determined by
            1.   existing industrial uses,
            2.   relationships to the other land use districts, and
            3.   supporting transportation facilities in the thoroughfare system of the community.
         (b)   The intent for the remaining variety of land uses are stated in the individual statement of intent for each district. Perpetuation of non-conformities to the various Land Use Districts will be discouraged in the administration and interpretation of this ordinance.
      (5)   It is further intended that in the territorial limits outside the City limits the General Agriculture district be utilized as far as is practical until residential, commercial or industrial development is proposed as the case may be. It is also intended that any development proposed in the territorial limits outside the City limits be considered in conjunction with annexation agreements.
   (C)   THE COMPREHENSIVE PLAN.
      (1)   The City of Mt. Vernon officially adopted a Comprehensive Plan on February 17, 1964. It is the intent of this Zoning Ordinance that the Comprehensive Plan and its subsequent officially adopted amendments be the guide for any development in the jurisdiction of this ordinance.
      (2)   In the event of any proposed amendment to this Zoning Ordinance which is in contradiction to the Comprehensive Plan, such amendment shall be preceded by an amendment to the Comprehensive Plan.
(Prior Code, Art. 21, § 21-300)
§ 161.311 LAND USE DISTRICTS LISTED.
A-G
General Agriculture
F P
Flood Plain
R-1
Low Density Residential
R-2
Medium Density Residential
R-M2
Medium Density Residential & Mobile Home
R-3
High Density Residential
R-MH
Planned Manufactured/Mobile Home
B-1
Primary Business
B-2
Secondary Business
B-3
Interchange Business
B-PL
Planned Business
I-1
Light Industrial
I-2
General Industrial
I-A
Industrial Agricultural
IPCA-PUD
Industrial Park Conservation Area
 
(Prior Code, Art. 21, § 21-300)
§ 161.312 A-G GENERAL AGRICULTURE.
   (A)   A-G Land Use District Statement of Intent. It is the intent of this district to provide land for purposes devoted primarily to the production of agricultural products such as field crops, livestock, fowl and other conventional agricultural pursuits. This district is also created to assist in the conservation of the natural resources within the jurisdiction of this ordinance by encouraging practices which will conserve soil, soil resources, water, water resources, and prevent soil erosion and floodwater damages. Utilities other than electricity and telephone should be provided by the land user thereby discouraging the uneconomical extension of public water supply and sewage disposal facilities. Uses not related to Agriculture are discouraged. When the public interest will be served and only when a contribution will be made to orderly growth, portions of this district may be rezoned for alternative uses.
   (B)   NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.
      (1)   Building and enclosed pens for livestock, fowl and animals shall not be closer than 200’ from any adjoining district.
      (2)   Principal and accessory buildings shall not be closer than 100’ from any adjoining parcel.
      (3)   Principal and accessory buildings shall not be closer than 50’ from any adjoining parcel.
      (4)   Principal, accessory buildings and operations shall not be closer than 500’ from any adjoining parcel.
      (5)   See State Law.
      (6)   See definition of Home Occupation.
      (7)   Principal, accessory buildings and operations shall not be closer than 100’ from any adjoining parcel.
   (C)   Schedule of District Regulations.
      (1)   Permitted Principal Uses and Structures.
         (a)   Agriculture and Agriculture buildings in connection with a bona fide farm operation. See Note (1).
         (b)   Cemeteries.
         (c)   Churches. See Note (3).
         (d)   Essential Services.
         (e)   Forest Preserves.
         (f)   Single Family Farm Dwellings.
         (g)   Wireless communication facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.
         (h)   Municipally Owned Parks and Recreational Areas.
         (i)   Public Secondary Schools.
         (j)   Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.
      (2)   Permitted Accessory Uses and Structures. Accessory uses and structures customarily incidental to permitted principal uses and on the same parcel including:
         (a)   Residential garages.
         (b)   Living quarters of persons employed on the premises.
         (c)   Home occupations. See Note (6).
         (d)   Truck or Equipment Terminal, but only with a Conditional Use Permit.
         (e)   Roadside produce stands in conjunction with a bonafide farm.
         (f)   Kennel.
      (3)   Conditional Uses: After notice & appropriate safeguards, the City Council may permit as Conditional Uses:
         (a)   Sale of Greenhouse products grown on premises.
         (b)   Riding Stables. See Note (1).
         (c)   Raising, breeding and boarding of non-farm fowl and animals. See Note (1).
         (d)   Seasonal fishing, hunting lodge, gun club or related operation.
         (e)   Railroad.
         (f)   Stadium or coliseum, horse or auto race track. See Notes (1), (4).
         (g)   Penal or Correctional Institution. See Note (2).
         (h)   Airport or Heliport. See Note (5).
         (i)   Commercial agricultural storage operations.
         (j)   Public utility substation; Energy Park; Wind Farm, Park or Plant; for Commercial Solar Energy Facility - see Chapter 160 of the Revised Code of Ordinances.
         (k)   Public sewage disposal plant or public water plant. See Note (4).
         (l)   Freestanding Wireless Communication Facility as described within §§ 161.365 through 161.378.
         (m)   Sanitary landfill or other qualified disposal system. See Note (7).
         (n)   Commercial Radio or Television Station.
         (o)   Mineral extractive operations outside corporate limits, including but not limited to: coal, oil, rock, gravel, sand and the related processing operations, storing and sale of such materials. (4)
         (p)   Travel Trailer Park.
         (q)   Truck Terminal or Equipment Terminal, but only as an accessory use to a Permitted Use.
         (r)   Cannabis Cultivation Center or Cannabis Craft Grower (must be 1500 feet distance between each use as measured from each property line).
      (5)   Prohibited Uses. Any use more appropriate to another zone or zones including, but not limited to:
         (a)   Mobile Homes.
         (b)   Non-farm dwellings.
         (c)   Junk Yard.
         (d)   Abandoned Automobile.
         (e)   Automobile Wrecking.
         (f)   Mineral extractive operations within corporate limits.
         (g)   Truck Stop.
      (6)   Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).
         (a)   MIN. LOT AREA: 5 acres, except for: churches and cemeteries in which case 2 acres; and conditional uses as determined by the Planning Commission.
         (b)   MIN. LOT WIDTH: 300’.
         (c)   MIN. FRONT YARD DEPTH: 80’ along Federal Highway, 60’ along other public roads.
         (d)   MIN. REAR YARD DEPTH: 100’.
         (e)   100’ MIN. FLOOR AREA: 1000 Sq. Ft.
         (f)   MAX. HEIGHT: 40’ except barns and silos.
         (g)   MAX. STORIES: 3.
         (h)   MAX. FLOOR AREA RATIO: N/A.
      (7)   Minimum off-street parking & loading.
 
land use
parking spaces
loading spaces
Dwelling unit
2
0
Home Occupation
+1
0
Churches per 4 seats in main auditorium
1
0
Sanitary landfill or other qualified disposal plant per 3 employees
1
0
 
      (8)   All remaining permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.
(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)
§ 161.313 F-P FLOOD PLAIN.
   (A)   F-P Land Use District Statement of Intent. It is the intent of this district to delineate reasonable high water marks within the jurisdiction of this ordinance. For reasons of health, safety and the general welfare, it is in the public interest to permit only limited types of uses within these areas which are subject to flooding and require emergency services. A factor recognized in determining reasonable high water marks is that as urban land use increases, storm water runoff will also tend to increase, consequently taxing the water carrying capacity of certain low lying areas within the jurisdiction of this ordinance. The development of roads, streets, highways, water and sewer lines are discouraged in this district, as such improvements would tend to encourage further developments.
   (B)   NOTES. For Sign Regulations see §§ 161.240 through 161.258 of this Ordinance.
      (1)   Building and enclosed pens for livestock, fowl and animals shall not be closer than 200’ from any adjoining district.
      (2)   Principal, accessory buildings and operations shall not be closer than 500’ from any adjoining parcel.
      (3)   See State Law.   
   (C)   Schedule of District Regulations.
      (1)   Permitted Principal Uses and Structures.
         (a)   Agriculture and Customary Agricultural buildings and structures. See Note (1).
         (b)   Parks & Playgrounds.
         (c)   Airport or Heliport. See Note (3).
         (d)   Stadium or Coliseum. See Note (2).
         (e)   Horse or Auto race track. See Note (1).
         (f)   Essential Services.
         (g)   One artificial lake of 3 acres or less.
         (h)   Wireless communication facility placed on existing nonresidential structure as described within §§ 161.365 through 161.378.
         (i)   Non-Commercial Solar Energy Facility- see Chapter 160 of the Revised Code.
      (2)   Permitted Accessory Uses and Structures.
         (a)   Accessory uses and structures incidental to permitted uses and structures and on the same parcel.
         (b)   One artificial lake of 3 acres or less.
      (3)   Conditional Uses. After notice & appropriate safeguards, the City Council may permit as Conditional Uses:
         (a)   Accessory uses of permitted principal uses in adjoining districts (such as parking lots, golf courses, etc.) and which are compatible with the statement of intent for this district.
         (b)   Freestanding wireless communication facility as described within §§ 161.365 through 161.378.
         (c)   May be used to meet area requirements of adjoining districts if on the same parcel.
         (d)   Drive In Theater.
         (e)   More than one artificial lake of 3 acres or less.
         (f)   Artificial lake of 3 or more acres depending on recommendation of qualified agricultural engineer.
         (g)   If it can demonstrated to the City Council that such land is or may be adequately drained and that the water table elevation will permit successful utilization of the land, and if a hydraulic study is submitted from a qualified hydraulic engineer providing the proposed use will not impede the flow of water nor increase the flow velocity onto downstream properties, a permit may be granted for a use which is compatible, contiguous and subject to the regulations governing the adjoining district(s). Adequate drainage and necessary supporting structures shall be installed prior to the use & occupancy of the land.
         (h)   Mineral extractive operations outside corporate limits, including but not limited to: coal, oil, rock, gravel, sand and the related processing operations, storing and sale of such materials. (2)
      (4)   Prohibited Uses. Any use more appropriate to another zone or zones including, but not limit to:
         (a)   Residential Dwellings farm or non-farm.
         (b)   Commercial structures.
         (c)   Industrial Structures except mineral extractions.
         (d)   Railroads.
         (e)   Mobile Homes.
         (f)   Travel Trailers.
         (g)   Landfills.
         (h)   Filling to raise the area above high water elevation.
         (i)   Mineral extractive operations within corporate limits.
         (j)   Equipment Terminal, Truck Terminal, Truck Stop.
      (5)   Minimum lot area; Minimum yards (all buildings); Minimum floor area (principal buildings); Maximum height (all buildings); Maximum floor area ratio (all buildings).
         (a)   MIN. LOT AREA: 4 acres, except for: parks and playgrounds, in which case 1 acre; Heliports, 2 acres.
         (b)   MIN. LOT WIDTH: 200’.
         (c)   MIN. FRONT YARD DEPTH: 60’.
         (d)   MIN. REAR YARD DEPTH: 60’ MIN.
         (e)   SIDE YARD WIDTH: 30’.
         (f)   MIN. FLOOR AREA: 1000 Sq. Ft.
         (g)   MAX. HEIGHT: 40’.
         (h)   MAX. STORIES: 3.
         (i)   MAX. FLOOR AREA RATIO: N/A.
      (6)   Minimum off-street parking & loading.
 
land use
parking spaces
loading spaces
 
      (7)   Permitted uses and conditional uses if permitted are subject to the Planning Commission. Consideration shall be given to recommendation of administrative official.
(Prior Code, Art. 21, § 21-300) (Ord. 2023-30, passed 8-21-2023)
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