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Brown Deer Village City Zoning Code

ARTICLE V

- BUSINESS DISTRICTS

Sec. 121-191.- Intent.

Business district regulations are intended to govern the location and uses of a full range of businesses and commercial establishments needed to serve the citizens of the village and its trade area. The regulations of the various business districts are designed to provide for groupings of businesses and commercial establishments that are compatible in scope of services and methods of operations.

(Prior Code, § 22-4-4.01; Ord. of 9-20-1954, § 22-4-4.01)

Sec. 121-192. - Business districts provisions.

(a)

Dwelling units. Dwelling units and lodging rooms are not permitted in any business district except in a permitted hotel, motel, convent, monastery, parsonage or rectory as a conditional permitted use in B3 commercial district, or as a legal nonconforming use existing on the effective date of the ordinance from which this article is derived.

(b)

Enclosure of operations. All business, servicing, or processing shall be conducted within completely enclosed buildings except:

(1)

Off-street parking or loading;

(2)

Drive-in type operations when conducted as a lawful permitted use or conditional permitted use in the B3 commercial district;

(3)

Open sales lots when operated as a lawful conditional permitted use in the B3 commercial district;

(4)

Bulk retail storage, when operated as a lawful conditional permitted use within the B3 commercial district.

(c)

Performance standards. All activities shall conform with the performance standards established for the manufacturing district.

(d)

Parking limitations.

(1)

Parking of trucks when accessory to the conduct of a permitted use shall be limited to vehicles having not over 1½ tons capacity, except for pickup or delivery services and during normal business hours.

(2)

Trucks in excess of 1½ tons capacity shall not be parked in the open within 150 feet of a residence district boundary line.

(e)

Scope of operations. All business establishments shall be retail trade or service establishments dealing directly with consumers, and all goods produced on premises shall be sold on the premises where produced, except for specific uses in the B3 commercial district where wholesale sales or processing and fabricating is permitted.

(f)

Outdoor sales activity. All retail business activities, except as expressly provided in subsection (b) of this section, shall be conducted within completely enclosed buildings as required by subsection (b) of this section. Upon written approval of the village manager, the exterior storage, display, or sale of inventory, supplies or merchandise shall be permitted, subject to the following restrictions:

(1)

No more than four outdoor sales events may be permitted to occur at any parcel within any 12-month period.

(2)

Of the four outdoor sales events, no more than two sales events may be longer than seven days.

(3)

No sales event shall exceed 30 consecutive days.

(4)

The village manager may impose any conditions or restrictions upon the outdoor sales activity that are deemed appropriate by the village to protect public health and safety.

(Prior Code, § 22-4-4.02; Ord. of 9-20-1954, § 22-4-4.02; Ord. No. 04-06, §§ I, II, 9-20-2004)

Sec. 121-193. - B1 planned local shopping center district.

(a)

Purpose. The B1 planned local shopping center district regulations are intended to provide areas and govern uses therein for a range of shopper and personal service types of establishments in order to serve the general shopping needs of a consumer population that is located in one or more of the neighborhoods adjoining and in the vicinity of the shopping district.

(b)

Permitted uses. The following uses are permitted, provided the total floor area devoted to any one establishment does not exceed 5,000 square feet, except as specified otherwise herein, in connection with certain uses.

(1)

Antique shops.

(2)

Art and school supply stores.

(3)

Bakeries, retail sales where not more than 50 percent of the floor area may be devoted to processing of goods, and goods so processed shall be sold only on the premises.

(4)

Camera and photographic supply stores.

(5)

Candy and ice cream stores.

(6)

Carpet and rug stores.

(7)

Clothes pressing establishments.

(8)

Clothing stores.

(9)

Clubs or lodges, private, fraternal, or religious when located above the ground floor.

(10)

Community garden.

(11)

Drug stores, for which floor area may be increased to not more than 7,000 square feet.

(12)

Dry cleaning and laundry receiving stations, including self-service coin-operated equipment.

(13)

Farmers market.

(14)

Financial institutions.

(15)

Flower shops.

(16)

Food stores, meat and fish markets, and delicatessens. Floor area for a grocery store or a combination grocery store and one or more of the other food stores may be increased to not more than 25,000 square feet.

(17)

Furniture stores.

(18)

Furrier shops.

(19)

Garden supply store with no outdoor storage or display of merchandise.

(20)

Gift shops.

(21)

Haberdashery stores.

(22)

Hardware stores, for which floor area may be increased to not more than 7,000 square feet.

(23)

Hobby shops, for retailing of items to be assembled or used away from the premises.

(24)

Household appliance stores, including radio and TV sales with incidental repair premises.

(25)

Interior decoration shops, including upholstery and making of draperies, slip covers, and other similar articles when conducted as part of the retail operations and secondary to the principal use.

(26)

Jewelry stores.

(27)

Launderettes and hand laundries.

(28)

Leather goods and luggage stores.

(29)

Locksmith shops.

(30)

Medical and dental clinics, including laboratories incidental thereto.

(31)

Millinery shops.

(32)

Musical instrument sales and repair.

(33)

Musical stores, including phonographs, phonograph records, and sheet music.

(34)

Newspaper offices, not including printing.

(35)

Newsstands.

(36)

Office supply stores.

(37)

Offices, professional, business, public or institutional.

(38)

Paint and wallpaper stores.

(39)

Pet shop and pet grooming shop.

(40)

Photography studios, including developing and printing of photographs when conducted on the premises as part of the retail business.

(41)

Restaurants, which may include accessory cocktail lounges when the restaurant has facilities for serving 50 or more persons at the same time.

(42)

Shoe and hat repair stores.

(43)

Shoe stores.

(44)

Sporting goods stores.

(45)

Tailor shops.

(46)

Temporary buildings for construction purposes, for a period not to exceed the duration of construction.

(47)

Toy shops.

(48)

Variety stores, for which floor area may be increased to not more than 7,000 square feet.

(49)

Accessory uses to the above permitted uses, including, but not limited to:

a.

Off-street parking and off-street loading; and

b.

Signs as regulated in article IX.

(c)

Conditional use permit.

(1)

Other business uses similar to permitted uses listed in subsection (b) of this section.

(2)

Amusement places, indoor, including bowling alleys, billiard parlors, ice skating rinks, swimming pools and other indoor commercial recreation uses as approved by the village board.

(3)

Animal obedience training school.

(4)

Building material sales establishments, including product displays, but excluding milling, planning, jointing or manufacture of millwork.

(5)

Day care centers and nursery schools.

(6)

Drive-in facilities, when accessory to a permitted use.

(7)

Electronic amusement arcade.

(8)

Exercise gymnasium.

(9)

Fresh pizza and ice cream parlor.

(10)

High technological assembly.

(11)

Hobby shops, including the on premises assembly, demonstration and use of products sold.

(12)

Industrial design and artist studio.

(13)

Instant print shop.

(14)

Open sales lots, except those for which a transient or seasonal merchant license is issued by the village clerk, such use shall be considered a permitted use for the term of the license.

(15)

Outdoor restaurant seating, restricted and limited to uses which are accessory to and an extension of the restaurant and dining services provided indoors.

(16)

Public utility and governmental service uses: Lot areas and lot widths for the following uses shall be as recommended by the plan commission and approved by the village board and may be lesser or greater in area or width than herein required in the district regulations:

a.

Electric distribution centers.

b.

Fire stations.

c.

Gas regulator stations.

d.

Police stations.

e.

Radio and television towers and antennas.

f.

Railroad rights-of-way.

g.

Transit and public transportation facilities, including passenger shelters.

h.

Telephone exchange buildings, microwave towers and telephone exchange transmission equipment buildings.

i.

Water filtration plants, pumping stations, reservoirs and towers and sanitary and storm sewer lift stations, public or community.

j.

Bicycle paths.

(17)

Radio and television service and repair shops.

(18)

Religious bookstore, subject to regulatory conditions.

(19)

Resale shop.

(20)

Restaurants with seating of 50 or less may include live musical entertainment.

(21)

Theaters, indoor.

(22)

Undertaking establishments and funeral parlors.

(23)

Variety store, not more than 25,000 square feet.

(24)

Videocassette rental, subject to regulatory conditions.

(25)

Wholesale food distribution.

(26)

YMCA or YWCA facility, including buildings and related recreational uses.

(27)

Accessory uses to the above special uses, including but not limited to:

a.

Off-street parking and off-street loading; and

b.

Signs as regulated in article IX of this chapter.

(d)

Setbacks.

(1)

Exterior boundary setbacks. Where property located within the B1 district abuts streets, railroads, rivers, residence districts or manufacturing districts, the following setbacks shall be provided:

a.

Along street rights-of-way, not less than 80 feet, except that the area extending from the building to within 15 feet of the street right-of-way may be occupied by drives, vehicular parking, sidewalks, landscaping and similar facilities (all area between the street right-of-way and building line which is not occupied by such facilities, including the 15 feet adjoining the street, shall be appropriately landscaped);

b.

Along railroad rights-of-way or other business districts, not less than ten feet;

c.

Along manufacturing districts, not less than 25 feet;

d.

Along the Milwaukee River, not less than 150 feet, except that the setback may be used as in subsection (d)(1)a. of this section; and

e.

Along residence district boundaries, not less than 35 feet, which shall be a maintained and landscaped area.

(2)

Interior setbacks. No other setbacks are required; provided, however, that if a setback is provided, it shall be not less than ten feet in width.

(e)

Floor area ratio. Floor area ratio in the B1 district shall not exceed 0.3 for the total area under initial unified development. If the development is subsequently divided into lots, permitted floor expansion for each lot shall be specified upon the application for a zoning certificate and recorded as a restrictive covenant.

(f)

Off-street parking and off-street loading. In accordance with applicable regulations herein set forth in article VIII of this chapter.

(Prior Code, § 22-4-4.03; Ord. of 9-20-1954, § 22-4-4.03; Ord. No. 04-04, §§ I, X, 4-19-2004; Ord. No. 05-03, § I, 1-17-2005; Ord. No. 10-04, § I(N), 4-19-2010; Ord. No. 24-03, § I, 4-1-2024)

Sec. 121-194. - B3 commercial district.

(a)

Purpose. The B3 commercial district classification is established to accommodate a wide range of specialized commercial business uses including highway oriented service and commercial recreation types of establishments to serve a trade area embracing the village and inter-community traffic through the village.

(b)

Permitted uses.

(1)

Animal hospitals and veterinarian offices.

(2)

Appliance store.

(3)

Art and school supplies store.

(4)

Art gallery.

(5)

Bakeries, including sale of bakery products to restaurants, clubs, hotels, institutions, and similar establishments.

(6)

Barbershops.

(7)

Beauty salon.

(8)

Boat sales establishments, including accessory sales and repairs of motors, parts, and equipment.

(9)

Book and stationery store.

(10)

Building material sales establishments, including new dimension lumber, millwork, cabinets and other building materials, excluding milling, planing, jointing, or manufacture of millwork.

(11)

Camera store.

(12)

Carpet and floor covering store.

(13)

Catering establishments.

(14)

China and glassware store.

(15)

Clothing store.

(16)

Coin and philatelic store.

(17)

Community garden.

(18)

Confectionery store.

(19)

Crafts and hobbies store.

(20)

Delicatessens.

(21)

Drapery store.

(22)

Dry cleaning and laundry establishments.

(23)

Dry goods store.

(24)

Equipment rental firms; provided they lease only those items which may be sold in the B3 district.

(25)

Fabric shop.

(26)

Farmers market.

(27)

Financial institutions, including drive-in facilities.

(28)

Five and ten cent store.

(29)

Flower shop.

(30)

Furniture store.

(31)

Furrier shop.

(32)

Garden and patio shop.

(33)

Gift shop.

(34)

Health and beauty aid store.

(35)

High end collectible shop.

(36)

Household appliances, stores and repair shops, including accessory rebuilding and wholesale sales of used appliances and radio and television sets.

(37)

Jewelry store.

(38)

Laboratories, including medical, dental, and optical.

(39)

Leather goods store.

(40)

Library, public or private.

(41)

Light and lamp store.

(42)

Linen, towel, or diaper service establishments.

(43)

Locksmith shop.

(44)

Luggage store.

(45)

Mail-order houses.

(46)

Meat markets, including sale of meats to restaurants, clubs, motels, institutions, and similar establishments.

(47)

Medical or dental clinics or offices (including laboratories incidental thereto).

(48)

Meeting halls, convention, or exhibition halls.

(49)

Millinery shop.

(50)

Monument sales.

(51)

Music store (including instrument sales and repair).

(52)

Newspaper office, including printing.

(53)

Nursery or infant shop.

(54)

Office supplies.

(55)

Offices, professional, business, public, or institutional.

(56)

Optical shop.

(57)

Outdoor furniture store.

(58)

Paint and hardware store.

(59)

Paint and wallpaper store.

(60)

Pet grooming shop.

(61)

Pet shop.

(62)

Pharmacy.

(63)

Photographic studio.

(64)

Picture framing.

(65)

Plumbing, electrical, or heating fixture and equipment sales, service, and repair establishments.

(66)

Post office.

(67)

Printing, publishing or lithography establishments.

(68)

Record shop.

(69)

Restaurants, including entertainment, dancing, and serving of alcohol beverages, not including drive-ins.

(70)

Shoe shop.

(71)

Sleep shop.

(72)

Reserved.

(73)

Sporting goods store.

(74)

Tailor shop.

(75)

Taverns.

(76)

Television sales and repair.

(77)

Temporary buildings for construction purposes for a period not to exceed the duration of construction.

(78)

Theaters, but not including outdoor theaters.

(79)

Ticket agencies (amusement).

(80)

Toy store.

(81)

Travel bureau and transportation ticket office.

(82)

Undertaking establishments and funeral parlors.

(83)

Vending machines, self-service, coin or currency operated establishments.

(84)

Accessory uses to the above uses, including but not limited to:

a.

Off-street parking and off-street loading; and

b.

Signs as regulated in article IX of this chapter.

(c)

Conditional permitted uses.

(1)

Other uses similar to the above permitted uses.

(2)

Adult day care center, subject to regulatory conditions.

(3)

Amusement establishments, bowling alleys, billiard parlors, gymnasiums, swimming pools, ice skating rinks, and miniature pitch and putt, par 3, or standard golf courses, golf driving ranges, swimming pools and clubs and recreation centers containing one or more of the above uses and other recreation uses as approved by the village board.

(4)

Amusement parks, including kiddie parks, but not including pony or horse rides or go-cart tracks.

(5)

Antique shops.

(6)

Auction gallery, subject to regulatory conditions.

(7)

Auto parts, retail and wholesale.

(8)

Bingo.

(9)

Bulk retail storage, the outdoor storage and display of bulk packaged merchandise, which due to size and weight of the product and volume and frequency of sale, make it impractical or unreasonable to store the product within the principle use for retrieval and loading upon each sale; provided the following conditions apply:

a.

Such use is accessory to a principal retail use;

b.

Outdoor storage and display shall not exceed four feet in depth and a total of 120 feet in length;

c.

The storage and display shall be located within 60 feet on either side of the main entrance to, and not beyond the building corners of, the principal retail use, and shall be located greater than 60 feet from all lot lines on which the use is located;

d.

Individual product packages shall weigh 25 pounds or greater;

e.

The product shall be displayed on pallets or within freestanding display cabinets and shall not be stacked greater than four feet in height;

f.

Pallets and storage cabinets shall be rotated and the area around and under them swept and cleaned at least every three months to prevent the accumulation of rubbish and vermin;

g.

The location of the stored products shall not obstruct passage on pedestrian sidewalks; and

h.

Such other conditions as the village may impose.

(10)

Butter and egg companies, wholesale.

(11)

Cartage, express and parcel delivery establishments, not including motor freight terminals.

(12)

Churches, temples and synagogues, including accessory convents, monasteries, rectories or parsonages.

(13)

Clubs or lodges, private, fraternal or religious.

(14)

Community living arrangements subject to the restrictions and conditions set forth in Wis. Stats. § 62.23(7)(i).

(15)

Contractors offices and shops.

(16)

Day care center.

(17)

Dog kennel.

(18)

Drive-in or drive-thru facilities when accessory to a permitted use.

(19)

Drive-in restaurants and refreshment stands.

(20)

Electronic amusement arcade.

(21)

Exercise gymnasium and tanning salon, not to include massage parlor, subject to regulatory conditions.

(22)

Garden centers for the retail sale of nursery stock, garden equipment and supplies, and other related merchandise.

(23)

Greenhouse retail and wholesale sales, in a temporary building, subject to regulatory conditions.

(24)

Grocery stores.

(25)

Helistops, public and private, located on lots not less than one acre in area, and having a touchdown space which is enclosed by a fence, and which is not less than 100 feet in diameter. The landing area shall, as a minimum, have two approach/departure paths which are unobstructed above an imaginary plane extending from the edge of the landing area at an incline of one foot vertically to each six feet horizontally. Only vertical take-off aircraft may utilize a helistop, no fixed wing aircraft shall be permitted. No permanent structure for purposes of housing an aircraft shall be permitted. No refueling or storage of fuel shall be permitted.

(26)

High technological assembly.

(27)

Hotels, motels or hotel apartments.

(28)

Landscape equipment sales and service.

(29)

Model homes or garage display and sales.

(30)

Other beer garden and recreational activities approved by the village board.

(31)

Outdoor beer garden.

(32)

Outdoor restaurant seating, restricted and limited to uses which are accessory to an extension of the restaurant and dining services provided indoors.

(33)

Packing and crating establishments.

(34)

Parks, athletic field, stadium, arenas, or recreational building, private or semipublic.

(35)

Public utility and governmental service uses: Lot areas and lot widths for the following uses shall be as recommended by the plan commission and approved by the village board and may be lesser or greater in area or width than herein required in the district regulations:

a.

Electric distribution centers.

b.

Fire stations.

c.

Gas regulator stations.

d.

Police stations.

e.

Radio and television towers and antennas.

f.

Railroad rights-of-way.

g.

Transit and public transportation facilities, including passenger shelters.

h.

Telephone exchange buildings, microwave towers and telephone exchange transmission equipment buildings.

i.

Water filtration plants, pumping stations, reservoirs and towers and sanitary and storm sewer lift stations, public or community.

j.

Bicycle paths.

(36)

Radio and television broadcasting studios and transmitting studios.

(37)

Radio and television towers, receiving and transmitting.

(38)

Rental trailers and trucks.

(39)

Resale shop.

(40)

Research laboratory.

(41)

Riding academies, provided buildings for shelter of horses are located not less than 200 feet from a lot used or intended for residential or institutional purposes, or not less than 50 feet from an interior side or rear lot line, and not less than 150 feet from a lot line adjoining a street.

(42)

Schools, commercial or trade.

(43)

Self defense studio.

(44)

Single-family dwellings when designed as an integral part of a building, the principal use which is a permitted or conditional permitted use, and when occupied by the proprietor of such use.

(45)

Videocassette rental, subject to regulatory conditions.

(46)

Wholesale bakery.

(47)

Wholesale, jobbing and warehousing establishments.

(48)

YMCA or YWCA facility, including buildings and related recreational uses.

(49)

Accessory uses to the above-permitted uses, including, but not limited to:

a.

Off-street parking and off-street loading; and

b.

Signs, as regulated in article IX of this chapter.

(d)

Plan of operations. All uses in this district shall be designed to encourage safe and efficient traffic flow, and physical compatibility with uses existing on adjoining properties. The village shall review buildings and site development plans for conformance to these objectives. The village may request review of the site development plan for any use by the plan commission prior to the issuance of a zoning certificate. Following its review, the plan commission shall advise that the proposed development scheme is in accord with the foregoing standards and objectives of the B3 district, or the proposed development scheme is not in accord with foregoing standards and objectives of the B3 district. The plan commission may also require such additional plans or details from the applicant as may be necessary to adequately review the proposed development.

(e)

Lot area and lot width. Except as may herein otherwise be required for a specific permitted or conditional permitted use, not less than 15,000 square feet in area and 100 feet in width.

(f)

Setbacks and other open areas.

(1)

Front, not less than 40 feet in depth.

(2)

Side, as follows:

a.

Interior lots, two side setbacks, neither of which is less than ten feet in width, except a side setback adjoining or across the alley from a residence district shall be not less than 20 feet in width.

b.

Corner lots, a side setback along the interior lot line, as required above for interior lots, and a side setback adjoining a street as required for a front setback.

(3)

Rear, not less than 40 feet.

(g)

Floor area ratio. Not to exceed 1.0.

(h)

Off-street parking and off-street loading. In accordance with applicable regulations herein set forth in article VIII of this chapter.

(Prior Code, § 22-4-4.05; Ord. of 9-20-1954, § 22-4-4.05; Ord. No. 04-04, §§ II, III, X, 4-19-2004; Ord. No. 04-06, § III, 9-20-2004; Ord. No. 09-02, § I, 7-20-2009; Ord. No. 10-04, § I(O), 4-19-2010; Ord. No. 13-01, § V, 2-18-2013; Ord. No. 24-03, § I, 4-1-2024; Ord. No. 24-09, § I, 10-21-2024; Ord. No. 25-03, § I, 3-17-2025)

Sec. 121-195. - B4 Commercial district.

(a)

Purpose. The B4 commercial district classification is established to accommodate a limited range of specialized business uses appropriate for conducting their operation on small parcels of land so zoned which lie immediately adjacent to residentially zoned lands. It is intended that this district would accommodate business and professional uses, the operation of which, as well as the quality of building and land development, is made as harmonious and compatible with residential uses as is feasible.

(b)

Permitted uses.

(1)

Beauty salon.

(2)

Financial institutions, including drive-in facilities.

(3)

High end collectible shop.

(4)

Laboratories, medical, dental, optical.

(5)

Medical or dental clinics or offices.

(6)

Nail salons.

(7)

Offices, professional, business, public or institutional.

(8)

Temporary buildings for construction purposes for a period not to exceed the duration of construction.

(9)

Accessory uses to the above permitted uses, including, but not limited to:

a.

Off-street parking and off-street loading; and

b.

Signs as regulated in article IX of this chapter.

(c)

Conditional permitted uses.

(1)

Dry cleaning establishment.

(2)

High technological assembly.

(3)

Public utility and governmental service uses: Lot areas and lot widths for the following uses shall be as recommended by the plan commission and approved by the village board and may be lesser or greater in area or width than herein required in the district regulations:

a.

Electric distribution centers.

b.

Fire stations.

c.

Gas regulator stations.

d.

Police stations.

e.

Radio and television towers and antennas.

f.

Railroad rights-of-way.

g.

Transit and public transportation facilities, including passenger shelters.

h.

Telephone exchange buildings, microwave towers and telephone exchange transmission equipment buildings.

i.

Water filtration plants, pumping stations, reservoirs and towers and sanitary and storm sewer lift stations, public or community.

j.

Bicycle paths.

(4)

Single-family detached dwelling.

(d)

Plan of operations. All uses in this district shall be designed to encourage safe and efficient traffic flow, and physical compatibility with uses existing on adjoining properties. The village shall review buildings and site development plans for conformance to these objectives. The village shall forward copies of all plans for such uses to the plan commission for review. Following its review, the plan commission shall advise that the proposed development scheme is in accord with foregoing standards and objectives of the B4 district, and that design changes, to be specified, must be made in the application prior to the issuance of a building permit. The plan commission may also require such additional plans or details from the applicant as may be necessary to adequately review the proposed development.

(e)

Lot area, lot width, and lot depth. Except as may herein otherwise be required for a specific permitted use, not less than 12,000 square feet in area, 80 feet in width, and 100 feet in depth.

(f)

Setbacks and other open areas.

(1)

Front, not less than 40 feet in depth.

(2)

Side, as follows:

a.

Interior lots, two side setbacks, neither of which is less than ten feet in width, except a side setback adjoining or across the alley from a residence district shall be not less than 20 feet in width.

b.

Corner lots, a side setback along the interior lot line, as required in this subsection for interior lots, and a side setback adjoining a street as required for a front setback.

(3)

Rear, not less than 25 feet.

(g)

Floor area ratio. Within the B4 district, floor area ratio shall not to exceed 0.8.

(h)

Off-street parking and off-street loading.

(1)

Within the B4 district, off-street parking and loading shall be conducted in accordance with applicable regulations herein set forth in article VIII of this chapter.

(2)

All open off-street parking and drives shall be effectively screened on each side adjoining or fronting on any residence district by a wall or fence not less than five feet high, nor more than six feet high, or densely planted evergreen rows or a hedgerow not less than five feet in height. Such screening shall be contained as part of the landscape plan submitted for approval by the beautification/tree committee.

(i)

Landscaping.

(1)

All yards and abutting parkways except those used for driveway or parking purposes shall be landscaped in accordance with a plan approved by the village beautification/tree committee. There shall be provided a minimum ten-foot width of planting adjacent to all buildings.

(2)

Where sidewalks are necessary immediately adjacent to the building, the ten feet shall be measured from the outer edge of the sidewalk. There shall be provided a minimum ten-foot width of planting immediately adjacent to all street right-of-way lines, except this shall not apply to driveway ingress and egress areas. Planting shall include grass, bushes, hedges, shrubbery, trees (shade and decorative), fountains and other architectural or aesthetic shapes or structures. It shall be the responsibility of the landowner or developer to furnish a plan for review by the beautification/tree committee. No building permit shall be issued until such approval is obtained.

(j)

Storage and overnight parking.

(1)

There shall be no exterior storage, except that rubbish, garbage, and debris may be stored out-of-doors, but must be screened. A plan for such screening shall be submitted on the required landscape plan for approval by the beautification/tree committee, and said approval must be obtained before a building permit may be issued.

(2)

Exterior overnight parking of trucks, cars, or other vehicles is not allowed.

(k)

Hours of operation.

(1)

All uses shall terminate business activities no later than 10:00 p.m.

(2)

Lights for parking areas shall be extinguished no later than 10:15 p.m., and shall not be lighted for the remainder of the evening.

(l)

Construction. All buildings constructed in the B4 district shall be treated and designed on four sides. Concrete block, where used, shall be covered with brick, wood, or metal. All metal buildings will not be allowed, nor will any one building side be constructed of substantially all metal material.

(Prior Code, § 22-4-4.06; Ord. of 9-20-1954, § 22-4-4.06; Ord. No. 04-04, § IV, 4-19-2004; Ord. No. 05-11, § I, 8-15-2005; Ord. No. 10-04, § I(P), 4-19-2010; Ord. No. 17-06, § I, 6-19-2017; Ord. No. 24-09, § I, 10-21-2024)