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The B-2A Commercial Corridor District is intended to provide for business uses related to a major arterial street or highway. The types of businesses listed below do not require a public hearing but do require plan approval by the Board of Zoning Appeals. All other business uses including special exemptions would require public hearings by the Board of Zoning Appeals.
(A) Permitted uses.
(1) Agricultural use;
(2) Local business uses;
(3) Roadside business uses specifically stated or implied in the following categories:
(a) Local business uses;
(b) Filling station;
(c) Automobile, truck, mobile home or trailer rental and sales area;
(d) Automobile and truck repair, located entirely within enclosed buildings;
(e) Indoor theater;
(f) Bowling alley, roller rink or racquet sports facility, located entirely within enclosed buildings;
(g) Department store;
(h) Hotel or motel;
(i) Veterinary hospital for small animals;
(j) Newspaper publishing;
(k) Motor bus or railroad passenger station;
(l) Greenhouse not exceeding 1,000 square feet;
(m) Restaurant;
(n) Radio or television station or studio;
(o) Boat sales, service, storage and rentals;
(p) Hospital;
(q) Laboratories for testing and research excluding the raising of animals for research and excluding the testing of fissionable material; and
(r) Public storage facility.
(4) Wireless telecommunications service antenna, if visually integrated with or camouflaged on or within another structure (such as a chimney stack, church spire, light standards, monument, penthouse, power line support device or water tower), or if collocated on an existing or previously approved tower;
(5) Radio or television transmission antenna, if mounted on another structure tower;
(6) Accessory uses set forth in § 156.075 of this code; and
(7) Temporary uses set forth in § 156.076 of this code.
(B) Other requirements for the B-2A District.
(1) For roadside business uses, each lot shall have at least 100 feet of frontage on a street. See § 156.067 of this code for front yard or setback and additional yard requirements for roadside business uses.
(2) Height requirements are set forth in § 156.073 of this code.
(3) Off-street parking space requirements are set forth in § 156.078 of this code.
(4) See § 156.068 of this code for fence requirements.
(6) See § 156.074 of this code for supplementary business standards.
(C) Special note. A 50-foot landscaped buffer is to be provided adjacent to the rear lot lines on Belleview Lane.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. 2003-5, passed 11-3-2003; Ord. passed 1- -2004)
The I-1 Enclosed Industrial District is established to include most of the existing developments and provide for industrial expansion, and is one in which manufacturing, fabricating, processing, extraction, repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes is conducted entirely within enclosed buildings of any size, provided that such use shall conform to the performance standards set forth herein. Business uses are not permitted in this district, and material storage (open) may be permitted as a special exception.
(A) Permitted uses.
(1) Agricultural uses;
(2) Single-family dwelling;
(3) Manufactured home;
(4) Enclosed industrial uses specifically stated or implied in the following categories:
(a) Enclosed industrial uses including processing, refining and repairing of goods, materials or products;
(b) Engineering or research laboratories, vocational or industrial training facilities, data processing or analysis;
(c) Mass transportation rights-of-way, including passenger stations, shelter stations and layover areas for transit vehicles and off-street parking facilities; provided, however, such uses, except rights-of-way, shall not exceed within 20 feet of a Residential District;
(d) Enclosed wholesaling, warehousing packaging, storage or distribution facilities (including commercial greenhouses);
(e) General offices associated with an industrial use, including service facilities for employees or guests; provided, however, any service facilities shall be entirely enclosed within a building;
(f) Printing, lithographing, publishing or photography establishments;
(g) Utility installations and facilities; and
(h) Public water wells, water stations, filtration plant, reservoirs and storage tanks.
(5) Wireless telecommunications service antenna, if visually integrated with or camouflaged on or within another structure (such as a chimney stack, church spire, light standards, monument, penthouse, power line support device or water tower), or if collocated on an existing or previously approved tower;
(6) Radio or television transmission antenna, if mounted on another structure tower;
(8) Contingent uses set forth in § 156.034 of this code;
(9) Accessory uses set forth in § 156.075 of this code; and
(10) Temporary uses set forth in § 156.076 of this code.
(B) Other requirements for the I-1 District.
(1) For enclosed industrial uses, each lot shall have at least 100 feet of frontage on a street or service road, provided that lots may be combined into a tract development with adequate access, in which case the frontage of the tract shall be at least 200 feet. See § 156.067 of this code for front yard or setback and additional yard requirements and planting screen requirements for interchange business uses.
(2) Height requirements are set forth in § 156.073 of this code.
(3) Off-street parking space requirements are set forth in § 156.078 of this code.
(4) The total floor area of the enclosed industrial building or buildings shall not exceed 60% of the lot area.
(C) Performance standards for enclosed industrial uses.
(1) Restrictions. No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted, unless specifically approved by the Board of County Commissioners. Such activity shall be conducted in accordance with the rules promulgated by the State Fire Marshal. Such materials shall include, but are not limited to: All primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, TDX, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blast explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetyrides, tetrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products; and reactor elements such as but not limited to Uranium 235 and Plutonium 239.
(2) Exceptions. The restrictions of this division (C) shall not apply to:
(a) The activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the lot line;
(b) The operation of motor vehicles or other facilities for the transportation of personnel, materials or products;
(c) Conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; or
(d) Safety or emergency warning signals or alarms necessary for the protection of life, limb or property.
(3) Outdoor storage.
(a) Outdoor storage which is used as an accessory use to an enclosed industrial use in the I-1 District, may be permitted by the Board of Zoning Appeals; provided, that the said storage is located behind the building line and in such a manner that it cannot be seen from the frontal street or a side street.
(b) Screen planting or fence or wall, not to exceed eight feet in height, may be employed to screen storage areas from view.
(4) Smoke. The emission of more than 70 smoke units per hour per stack and emissions in excess of Ringelmann No. 2 are prohibited except for one hour during a 24-hour period in which this rate may be increased to 80 smoke units per hour per stack up to and including Ringelmann No. 3 for the purposes of process purging, soot blowing and fire cleaning.
(5) Particulate matter.
(a) The rate of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of six-hundredths of one pound effluent gas.
(b) Not more than 50% by weight of particles larger than 44 microns (325 mesh) shall be allowed.
(6) Odor. Any activity or operation which releases odors to the atmosphere shall be so controlled as to ensure that it will produce no public nuisance or hazard at or beyond the nearest residence or business district boundary line.
(7) Poisonous and injurious fumes and gases. The emission from any source shall not cause at or beyond any lot line, concentrations of toxic and/or injurious fumes or gases in excess of 10% of the threshold limit set for fume or gas in question in the Threshold Limit Values for Toxic Materials in Industry issued by the state’s Board of Health, from the American Conference of Governmental Hygienists, latest issue.
(8) Glare and heat. No operation, activity or structure shall cause heat or glare in such a manner as to be a public nuisance at or beyond any residence or business district boundary.
(9) Vibration. Any use creating intense earth-shaking vibrations such as are created by a heavy drop forge shall be set back from a residence district boundary at least 250 feet, or at least 150 feet from a business district boundary.
(10) Noise. At no point 125 feet from the boundary of an I-1, I-2 or B-3 District, which permits an enclosed industrial use, shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this chapter) exceed the decibel limits in the octave bands designated as follows:
Enclosed Industrial Use | ||
Octave Band Frequency (Cycles Per Second) | Maximum Permitted Sound Level (in Decibels) 125 Feet from District Adjoining Residence District Boundaries | Maximum Permitted Sound Level (in Decibels) 125 Feet from District Adjoining Business District Boundaries |
Enclosed Industrial Use | ||
Octave Band Frequency (Cycles Per Second) | Maximum Permitted Sound Level (in Decibels) 125 Feet from District Adjoining Residence District Boundaries | Maximum Permitted Sound Level (in Decibels) 125 Feet from District Adjoining Business District Boundaries |
0 to 75 | 75 | 80 |
75 to 150 | 70 | 75 |
150 to 300 | 65 | 70 |
300 to 600 | 59 | 64 |
600 to 1,200 | 53 | 58 |
1,200 to 2,400 | 48 | 53 |
2,400 to 4,800 | 48 | 49 |
Above 4,800 | 41 | 46 |
(11) Fire hazards. The storage, utilization or manufacture of solid materials products shall conform to the provisions of this chapter.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. 2003-5, passed 11-3-2003; Ord. passed 1- -2004)
The I-2 Open Industrial District is one which requires both buildings and open area for manufacturing, fabricating, processing, extraction, heavy repairing, dismantling, storage or disposal of equipment, raw materials, manufactured products or wastes and shall be used so as to comply with the performance standards set forth herein. In instances of close business or residential proximity, buffer treatment is required.
(A) Permitted uses.
(1) Agricultural uses;
(2) General business uses permitted in the General Business District, but not including local or roadside business uses or other business uses;
(3) Enclosed industrial uses permitted in the I-1 District;
(4) Open industrial uses specifically stated or implied in the following categories, provided that if they are located within 150 feet of a residence or business district, they shall be contained wholly within the confines of a building in such area, or within an area enclosed on all sides with a compact wall, compact evergreen planting screen or uniformly painted board or metal fence not less than six feet in height, except for the off-street parking and loading of delivery vehicles which are incidental thereto (unless otherwise provided herein):
(a) Open industrial uses, including storage, processing, refining, fabricating, extracting, repairing, dismantling, assembling, cleaning, testing or repairing of goods, materials or products within buildings and/or in open areas;
(b) Engineering or research laboratories, vocational or industrial training facilities, data processing or analysis;
(c) Mass transportation rights-of-way, including passenger stations, shelter stations and layover areas for transit vehicles and off-street parking facilities; provided, however, such uses, except rights-of-way, shall not extend within 20 feet of a Residential District;
(d) Enclosed wholesaling, warehousing, packaging, storage or distribution facilities (including commercial greenhouse);
(e) General offices associated with an industrial use, including service facilities for employees or guests; provided, however, any service facilities shall be entirely enclosed within a building;
(f) Printing, lithographing, publishing or photography establishments;
(g) Utility installations and facilities;
(h) Bakery, secondary food processing, milk processing, manufacturing and bottling of dairy products and beverages;
(i) Manufacture and assembly of glass, plastic and rubber products and implements;
(j) Manufacture of colors, dye, paint and other coatings (excluding tar products);
(k) Machine, welding, tool and die shops, electroplating operations;
(l) Manufacture of cloth, jewelry and leather products;
(m) Biological, medical and cosmetic manufacturing;
(n) Manufacture and assembly of optical goods, musical and recording instruments, office machinery, electrical and mechanical;
(o) Manufacture and assembly of marine, office, household appliances, furniture, communication and automobile equipment, air conditioning, heating and refrigeration equipment;
(p) Can and container manufacture, processing and milling of forest products;
(q) Dyeing and cleaning works, and services such as linen suppliers, freight movers and communication and canteen operations;
(r) Upholstering and leather goods manufacture;
(s) Cannery, bottling, processing and packaging of food and beverages, granaries, grain processing and starch manufacturing;
(t) Radio, facsimile and television towers, including broadcast studios and radio or television business offices;
(u) Creosote manufacturing and treatment, and bulk storage of petroleum products;
(v) Foundries, smelting operations, metal forging, fabricating, rolling and stamping operations;
(w) Boiler tank manufacturing and structural steel fabricating, general manufacturing and assembly plants;
(x) Railroad equipment manufacturing, repair and service yards;
(y) Manufacture of detergents and soaps, pharmaceutical and paper products;
(z) Manufacture of malt products, brewing, distillation of liquid and spirits, poultry hatchery;
(aa) Monument works and stone cutting;
(bb) Thermal, electrical and steam power plants;
(cc) Concrete mixing, production of concrete blocks and shapes, cinder blocks and other similar building materials manufacture;
(dd) Sand, gravel or aggregate washing, screening or processing;
(ee) Bulk fuel storage or petroleum tank farm (commercial); and
(ff) Slaughterhouse.
(5) Wireless telecommunications service antenna, if visually integrated with or camouflaged on or within another structure (such as a chimney stack, church spire, light standards, monument, penthouse, power line support device or water tower), or if collocated on an existing or previously approved tower;
(6) Radio or television transmission antenna, if mounted on another structure tower;
(8) Contingent uses set forth in § 156.034 of this code;
(9) Accessory uses set forth in § 156.075 of this code; and
(10) Temporary uses set forth in § 156.076 of this code.
(B) Other requirements for the I-2 District.
(1) Lot and area requirements are set forth in Figure 1, lot and yard requirements, provided that for open industrial use, each lot shall have at least 100 feet of frontage on a street or service road, provided that lots may be combined into a tract development with adequate access, in which case the frontage of the tract shall be at least 200 feet. See § 156.067 of this code for front yard or setback and additional yard requirements and planting screen requirements.
(2) Height requirements are set forth in § 156.073 of this code.
(3) Off-street parking space requirements are set forth in § 156.078 of this code.
(4) See § 156.067 of this code for additional front yard requirements.
(5) The total floor area of the building(s) shall not exceed 80% of the lot area.
(C) Performance standards for open industrial uses.
(1) Restrictions. No activity involving the storage, utilization or manufacture of materials or products which decompose by detonation shall be permitted unless specifically approved by the Board of County Commissioners if the activity is proposed to be located in the unincorporated territory and shall be conducted in accordance with the rules promulgated by the State Fire Marshal. Such materials shall include, but are not limited to, all primary explosives such as lead azide, lead styphnate, fulminates and tetracene; all high explosives such as TNT, TDX, BMX, PETN and picric acid; propellants and components thereof, such as nitrocellulose, black powder, boron hydrides, hydrazine and its derivatives; pyrotechnics and fireworks such as magnesium powder, potassium chlorate and potassium nitrate; blast explosives such as dynamite and nitroglycerine; unstable organic compounds such as acetyrides, tetrazoles and ozonides; strong oxidizing agents such as liquid oxygen, perchloric acid, perchlorates, chlorates and hydrogen peroxide in concentrations greater than 35%; and nuclear fuels, fissionable materials and products; and reactor elements such as but not limited to Uranium 235 and Plutonium 239.
(2) Exceptions. The restrictions of this division (C) shall not apply to:
(a) The activities of site preparation or construction, maintenance, repair, alteration, modification or improvement of buildings, equipment or other improvements on or within the lot line;
(b) The operation of motor vehicles or other facilities for the transportation of personnel, materials or products;
(c) Conditions beyond the control of the user such as fire, explosion, accidents, failure or breakdown of equipment or facilities or emergencies; or
(d) Safety or emergency warning signals or alarms necessary for the protection of life, limb or property.
(3) Smoke. The emission of more than 90 smoke units per hour per stack and emissions in excess of Ringelmann No. 3 are prohibited except that for one-hour period the 24 hour may be increased to 120 smoke units per hour per stack, still at Ringelmann No. 3 for the purposes of process purging, soot blowing and fire cleaning.
(4) Particulate matter.
(a) The rate of emission of particulate matter from an individual process within the boundaries of any lot shall not exceed a figure of two-tenths of one pound per 1,000 pounds effluent gas.
(b) For open industrial use, not more than 50% by weight of particles larger than 44 microns (325 mesh) shall be allowed.
(5) Odor. Any activity or operation which releases odors to the atmosphere shall be so controlled as to ensure that it will produce no public nuisance or hazard at or beyond the nearest residence district boundary line.
(6) Poisonous and injurious fumes and gases. The emission of toxic or injurious fumes and gases shall be controlled so as to comply with the following:
(a) The emission from any source shall not cause at or beyond any lot line, concentrations of toxic and/or injurious fumes or gases in excess of 25% of an open industrial use of the threshold limit as set for fume or gas in question in the Threshold Limit Values for Toxic Materials in Industry issued by the state’s Board of Health, from the American Conference of Governmental Hygienists, latest issue; or
(b) The emission of any gas or fumes across lot lines in such concentrations as to be detrimental to or endanger public health, safety, comfort and welfare or shall cause injury or damage to property or business is prohibited.
(7) Glare and heat. No operation, activity or structure shall cause heat or glare in such a manner as to be a public nuisance at or beyond any Residence or Business District boundary.
(8) Vibration.
(a) Any use creating intense earth-shaking vibrations such as are created by a heavy drop forge shall be set back from a residence district boundary at least 250 feet, or at least 150 feet from a business district boundary.
(b) Earth-shaking vibrations at the industrial property line shall not be in violation of this chapter as long as the vibration is not perceptible without the aid of instruments.
(9) Noise.
(a) At no point 125 feet from the boundary of an I-2 District shall the sound pressure level of any operation or plant (other than background noises produced by sources not under the control of this chapter) exceed the decibel limits in the octave bands designated as follows:
Open Industrial Use | ||
Octave Band Frequency (Cycles Per Second) | Maximum Permitted Sound Level (in Decibels) 125 Feet from District Adjoining Residence District Boundaries | Maximum Permitted Sound Level (in Decibels) 125 Feet from District Adjoining Business District Boundaries |
Open Industrial Use | ||
Octave Band Frequency (Cycles Per Second) | Maximum Permitted Sound Level (in Decibels) 125 Feet from District Adjoining Residence District Boundaries | Maximum Permitted Sound Level (in Decibels) 125 Feet from District Adjoining Business District Boundaries |
0 to 75 | 75 | 81 |
75 to 150 | 70 | 76 |
150 to 300 | 66 | 72 |
300 to 600 | 62 | 68 |
600 to 1,200 | 57 | 63 |
1,200 to 2,400 | 53 | 59 |
2,400 to 4,800 | 49 | 55 |
Above 4,800 | 45 | 51 |
(b) Sound levels shall be measured with a sound level meter and associated octave band analyzer or filter, manufactured in compliance with standards prescribed by the American Standards Association.
(10) Fire hazards. The storage, utilization or manufacture of solid materials or products shall conform to the provisions of this chapter.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. 2003-5, passed 11-3-2003; Ord. passed 1- -2004) Penalty, see § 156.999
The development (see § 156.002 of this code) of the flood hazard areas could result in the potential loss of life and property, extraordinary public expenditures for flood protection and relief. Since development of the areas is not essential to the orderly growth of the county, and since these lands are suitable structures or fill, the FP Floodplain District shall be developed in accordance with the following criteria promulgated by law.
(A) The Floodplain District (areas subject to inundation by the regulatory flood) as identified by the Federal Insurance Administration on the Flood Insurance Rate Map, dated September 4, 1987, along with any subsequent revisions to the text of the federal criteria or maps and adopted by reference and made a part of this chapter as if fully described herein, is established, and the boundaries thereof shall supercede the boundaries of any other district shown on the Zone Map. (See §§ 156.031 and 156.139 of this code.) The flood insurance study is on file at the office of the County Auditor. (See § 156.139 of this code.)
(B) The following uses have a low flood damage potential and do not obstruct flood flows. These uses shall be permitted by right within the Floodplain District to the extent that they are not prohibited or not otherwise controlled by other parts of this chapter, and provided they do not require structures, fill or storage of materials or equipment:
(1) Agricultural uses such as general farming, pasture, grazing, orchards, plant nurseries and vineyards;
(2) Forestry, wildlife areas and nature preserves; and
(3) Parks and recreational uses, such as golf courses, driving ranges and play areas.
(C) All development (see § 156.002 of this code) applications located in the Floodplain District which are not permitted by rights as set forth in division (B) above, will require the review and approval by the Natural Resources Commission (see § 156.002 of this code) prior to the issuance of an improvement location permit. (See § 156.135 of this code.)
(D) The Zoning Inspector, during his or her review of improvement location permits, shall assure that all national flood insurance (NFIP) regulations (contained in 44 C.F.R. § 60.3(d)) and as specified on attachment A (section 10 review sheet for NFI Regulations) which is hereby made a part of this chapter pertaining to state and federal permits, subdivision review, building permit review, floodproofing nonresidential structures, manufacture home standards, utility construction, record keeping (including lowest flood elevations) and water course alteration and maintenance have been met.
(E) Larger floods can and will occur on rare occasions. Therefore, the requirements set forth in this subchapter pertaining to Floodplain Districts do not create any liability on the part of the county, the state’s Natural Resources Commission or the state for any damages that result from reliance on these requirements or any administrative decisions lawfully made thereunder.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. 87-9-1, passed 9-11-1987; Ord. passed 1- -2004)
This District is intended to provide more development flexibility than is possible through the application of customary zoning regulations. In recognition of both the rapid changes in design and technology in the building industry and new demands in the housing market, it is deemed necessary to meet those changes in a manner that will be consistent with the best interests of the county.
(A) Statement of purpose.
(1) To encourage a more creative approach in land and building site planning;
(2) To encourage an efficient, aesthetic and desirable use of open space;
(3) To promote variety in the physical development pattern of the community;
(4) To achieve flexibility and incentives for residential development which will produce a wider range of choice;
(5) To encourage renewal of older areas where new development and restoration are needed to revitalize the areas;
(6) To permit special consideration of property with unique features, such as historical significance, unusual topography, landscape amenities and size and shape;
(7) To recapture bypassed land so poorly planned and developed as to be a public liability; and
(8) To simplify processing of development proposals for developers and the Commission by providing for concurrent review of land use, subdivision, public improvements and siting considerations.
(B) Applicability.
(1) The provisions of this section shall apply to a tract of land of at least four acres in area for undeveloped areas within the jurisdiction of the Commission; provided, that said provisions may apply to a proposed development in which the primary or entire use is residential, business or enclosed industrial use when such proposal is deemed to be in the best interests of the county.
(2) Any residential lot within a planned unit development shall consist of not more than one single-family dwelling and shall be on not less than three acres with 300 feet of road frontage.
(3) The provisions of this section shall apply only to proposed new developments and shall not apply to any part of an area contained within a subdivision previously approved (and recorded) in accordance with the requirements of Chapter 151 of this code, prior to the time of passage of the ordinance comprising this chapter, or any unit development plan which is now fully or partially developed, nor to any such development for which a final authorization has been granted pursuant to a previous ordinance; provided, however, that a petitioner may, upon application and approval of the commission, become subject to all the benefits and burdens of this section, subject to such rights as shall have been vested in the owners of the area affected by development under such ordinance; provided further that any plat shall first be vacated.
(4) Uses permitted in a residential unit development plan may include and shall be limited to:
(a) Dwelling units in detached, semi-detached, attached or multi-storied structures or any combination thereof;
(b) Nonresidential uses of a religious, cultural, recreational and business or enclosed industrial character, which uses are an integral part of a residential development logically oriented to and coordinated with the total planned unit. Such uses shall be planned and gauged primarily for the service and convenience of the anticipated population of the unit development; and
(c) No business use, nor any building devoted primarily to a business use or enclosed industrial use, shall be built or established prior to the residential buildings or uses it is designed or intended to serve.
(5) The basic land unit of a unit development is the block, parcel, tract, combination of lots or acreage, and not the lot; provided, however, divisible geographic sections of the entire planned unit development may be designated.
(a) A proposed unit development plan shall be designed to produce an environment of stable and desirable character in keeping with the principles of good neighborhood design, and must provide standards of open space, efficiency in street patterns and areas for parking adequate for the occupancy proposed, or equal to the requirements of this chapter.
(b) Before approval of a preliminary unit development plan, a detailed determination of land use intensity shall be declared, and the Commission shall make a finding that said intensity is consistent with the Comprehensive Development Plan of current adoption and the best interest of the county.
(C) Recording. An approved detailed unit development plan and modifications thereof shall be recorded in the appropriate plat books in the office of the County Recorder within to two years after approval by the Commission.
(D) Permit. No improvement location permit shall be issued for a UD District by the Building Inspector unless all recording required by § 156.032 of this code has been effected, and no certificate of occupancy shall be issued for a UD District unless the approved detailed unit development plan, with modifications, if any, is adhered to, all in compliance with the purposes of this chapter.
(E) Covenants and maintenance.
(1) Covenants shall be required by the Commission as an ingredient for stability and longevity of the unit development plan, and shall set forth, in detail, provisions for the ownership and maintenance of facilities held in common so as to reasonably ensure their continuity and conservation. Said covenant provisions shall include special remedies in the event facilities held in common are permitted to deteriorate or are not maintained in a condition consistent with the best interests of the county, and in such event the county shall take those remedial steps provided for in such provisions.
(2) The Commission may require the recording of covenants for any reasonable public or semi-public purpose, including, but not limited to, the allocation of land by the petitioner for public thoroughfares, parks, schools, recreational facilities and other public and semi-public purposes wherever necessary in conformity with the Comprehensive Plan of current adoption. Such covenants shall provide that if a governmental unit or agency thereof does not proceed with acquisition of allocated land within a specified period of time, the covenants shall automatically terminate. If such termination occurs, the petitioner shall then submit for approval by the commission a modified detailed site plan for such land consistent with the approved, preliminary unit development plan. Such modified detailed site plans, when approved, shall be treated in the same manner as approved detailed site plans for an entire unit development plan.
(3) The Commission may require the recording of covenants for any other reasonable purpose, including, but not limited to, imposing standards for development of property in a unit development plan. Such development standards may include, but are not limited to, requirements as to the following:
(a) Lot area;
(b) Floor area;
(c) Ratios of floor space to land area;
(d) Area in which structures may be built (building area), including areas for cluster type residential development without lot lines;
(e) Open space;
(f) Setback lines and minimum yards;
(g) Building separations;
(h) Height of structures;
(i) Signs;
(j) Off-street parking and loading and unloading areas;
(k) Design standards; and
(l) Phasing of development.
(4) The petitioner shall provide financial assurance for the satisfactory installation of all public facilities in the form of bonds or such other assurances as are required in the normal procedures of platting pursuant to the provisions of Chapter 151 of this code.
(5) Adequate provisions shall be made for a private organization with direct responsibility to, and control by, the property owners involved to provide for the operation and maintenance of all common facilities including private streets jointly shared by such property owners if such facilities are a part of the unit development plan, and, in such instance, legal assurance shall be provided which shows that the private organization is self perpetuating and adequately funded to accomplish its purposes.
(6) (a) Common facilities which are not dedicated to the public shall be maintained to standards assuring continuous and adequate maintenance at a reasonable and non-discriminatory rate of charge to the beneficiaries thereof.
(b) Common facilities not dedicated to the public shall be operated and maintained at no expense to any governmental unit.
(7) All private streets shall be maintained by the aforesaid private organization in such a manner that adequate access is provided at all times to vehicular traffic, so that fire, police, health, sanitation and public utility vehicles can serve the properties continuous or adjacent thereto, and so that said vehicles can have adequate turning area. Said private streets shall be developed in accordance with the standards set forth in Chapter 151 of this code.
(F) Limitation on rezoning. The Commission shall not initiate any amendments to the Zoning Code concerning the property involved in the unit development plan before completion of the development as long as development is in conformity with the approved, detailed unit development plan and proceeding in accordance with the time requirements imposed herein.
(Ord. 8-7-12-3, passed 10-10-1961; Ord. passed 12-12-2002; Ord. passed 1- -2004)
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